Terms of Service
Last Updated on August 9, 2024
PURPOSE OF THIS AGREEMENT
Welcome to Course Launch Solutions. We look forward to supporting you in growing your online sales and helping you take your business as far as you can imagine. This Agreement outlines your rights and obligations as a user of Course Launch Solutions. By clicking “I Agree,” you confirm that you have read and understood this Agreement and agree to be bound by its terms.
IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS OF USE & SALE CAREFULLY BEFORE ACCESSING, USING, OR SUBSCRIBING TO OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY (SEE SECTIONS 11, 12, 16, 17, 18, AND 19). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The use of www.courselaunchsolutions.com (hereafter “Website”), which is owned and operated by Course Launch Solutions (“we,” “our,” “us”), is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing to, or placing an order through the Website, you and your business agree to these terms. If you do not agree to these terms and conditions in their entirety, you are not authorised to use the Website in any manner or form.
THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND COURSE LAUNCH SOLUTIONS. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY COURSE LAUNCH SOLUTIONS, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.
Course Launch Solutions reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms on our Website. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools added to the current website shall also be subject to the Terms.
Table of Contents
1. Website Use
2. Website User Conduct and Restrictions - License Terms
3. Our Privacy Statement and Your Personal Information
4. Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts
5. Order Placement and Acceptance
6. Refunds for Hard Goods
7. Automatic Enrollment and Payment, and Cancellation
8. Subscription Terms and Automatic Payment
9. Shipping Fees
10. Products, Services, and Prices Available on the Website
11. DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY
12. Your Responsibilities in Running Your Business
13. Commissions Program and Independent Course Launch Solutions Affiliate Program
14. Testimonials, Reviews, and Pictures/Videos
15. COMPLIANCE WITH THE LAW, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS
16. DISCLAIMERS OF OTHER WARRANTIES
17. LIMITATIONS OF LIABILITIES
18. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
19. Course Launch Solutions’ Additional Remedies
20. Indemnification
21. Notice and Takedown Procedures; Copyright Agent
22. Third-Party Links
23. Termination
24. No Waiver
25. Governing Law and Venue
26. Force Majeure
27. Assignment
28. Electronic Signature
29. Changes to the Agreement
30. Your Additional Representations and Warranties
31. Severability
32. Entire Agreement
33. Contacting Us
34. Data Privacy Shield
35. Use and Development of Advanced Technologies to Provide Safe and Functional Services for Everyone
36. Limits on Course Launch Solutions’ Intellectual Property
SECTION 1 – WEBSITE USE
The Website is intended for businesses operated by adults. By using the Website, you affirm that you are at least 18 years old or the legal age of majority in your state or territory of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS
All aspects of our Website are protected by Australian and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Course Launch Solutions trademark and logo are proprietary marks of Course Launch Solutions, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Course Launch Solutions.
Subject to your continued strict compliance with all Terms, Course Launch Solutions provides you with a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to Course Launch Solutions software through the Website, Course Launch Solutions provides you with a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under Australian and international copyright laws that is exclusively owned by Course Launch Solutions; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display, or commercially exploit any material from the software without the express written permission of Course Launch Solutions; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the Website, or any software provided by Course Launch Solutions, whether alone or in conjunction with other software or hardware, in any unlawful manner or manner harmful to Course Launch Solutions. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Course Launch Solutions’ reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of Course Launch Solutions or any third party;
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorised by you deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be considered a material threat to Course Launch Solutions’ reputation and to the rights of third parties. It is your obligation to ensure that all business communications comply with Australian anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorised by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libellous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behaviour.
D. SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Course Launch Solutions, any of the following information: social security numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
E. ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, promoting the sale or use of illegal drugs; or infringing or promoting the infringement of the intellectual property rights of another.
In addition to the foregoing, Course Launch Solutions requires you to follow these best practices when sending electronic communications:
- Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirm
atively opted in to receive your emails and marketing materials).
- Be sure to include a working opt-out link or process in all emails and other electronic communications.
- Honour opt-out requests promptly (within 5 business days).
SECTION 3 – OUR PRIVACY STATEMENT AND YOUR PERSONAL INFORMATION
By using the Website, you consent to the collection, use, and disclosure of your personal information as set forth in our Privacy Statement, which is available on the Website and incorporated by reference into this Agreement. The Privacy Statement may be updated from time to time, so we encourage you to review it periodically.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS
To use certain features of the Website, you may need to register and create an account. If you choose to register, you agree to provide accurate and complete information and to update your information to keep it current. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
You are prohibited from using your account to host or facilitate accounts on behalf of third parties or agencies. Each account must be used solely for the business of the registered account holder.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
All orders placed through the Website are subject to acceptance by Course Launch Solutions. We reserve the right to refuse or cancel any order at our discretion, including, but not limited to, orders placed by individuals or businesses who have violated these Terms or are suspected of fraudulent activity. Once an order is accepted, you will receive an email confirmation.
SECTION 6 – REFUNDS FOR HARD GOODS
Refunds for physical goods (e.g., books, hardware) are subject to our refund policy, which is available on the Website. Please review our refund policy carefully before making a purchase.
SECTION 7 – AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
By subscribing to our services, you agree to automatic enrollment and recurring payments according to the terms of your subscription. You may cancel your subscription at any time, but cancellations must be made in accordance with our cancellation policy, which is available on the Website.
SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
Subscriptions to our services are billed on a recurring basis. You agree to provide accurate billing information and to promptly update it as necessary. You authorise Course Launch Solutions to charge your payment method for the subscription fees and any applicable taxes.
SECTION 9 – SHIPPING FEES
Shipping fees for physical goods are calculated at checkout based on the delivery address and the shipping method selected. Shipping fees are non-refundable.
SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
All products and services are described and priced as accurately as possible. However, errors may occur. We reserve the right to correct any errors and to change prices without notice. If you have any questions about our products or services, please contact us.
SECTION 11 – DISCLAIMER - YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY
Course Launch Solutions makes no guarantees about your individual results. Your success depends on your own efforts, skill, and diligence. We provide tools and resources, but we cannot guarantee specific outcomes.
SECTION 12 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS
You are responsible for managing your business and ensuring compliance with all applicable laws and regulations. Course Launch Solutions is not responsible for any issues arising from your business operations.
SECTION 13 – COMMISSIONS PROGRAM AND INDEPENDENT COURSE LAUNCH SOLUTIONS AFFILIATE PROGRAM
If you participate in our commissions program or affiliate program, you agree to abide by the terms and conditions specific to those programs. Details of these programs are available on our Website.
SECTION 14 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
By submitting testimonials, reviews, or pictures/videos to Course Launch Solutions, you grant us the right to use them for marketing and promotional purposes. You represent and warrant that you have the right to grant this license and that your submissions do not violate any third-party rights.
SECTION 15 – COMPLIANCE WITH THE LAW, INCLUDING COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS
You agree to comply with all applicable laws and regulations in your use of the Website and services. Harassment, discrimination, or interference with others’ use of the Website is strictly prohibited.
SECTION 16 – DISCLAIMERS OF OTHER WARRANTIES
The Website and services are provided on an “as is” and “as available” basis without warranties of any kind. Course Launch Solutions disclaims all warranties, express or implied, to the fullest extent permitted by law.
SECTION 17 – LIMITATIONS OF LIABILITIES
Course Launch Solutions is not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website or services. Our liability is limited to the maximum extent permitted by law.
SECTION 18 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
Any disputes arising from this Agreement or your use of the Website will be resolved through mandatory binding arbitration. You waive any right to a court trial or to participate in a class action. The arbitration will be conducted in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA).
SECTION 19 – COURSE LAUNCH SOLUTIONS’ ADDITIONAL REMEDIES
We may seek injunctive relief or other equitable remedies in addition to arbitration to address any breach of this Agreement or infringement of our intellectual property rights.
SECTION 20 – INDEMNIFICATION
You agree to indemnify and hold Course Launch Solutions harmless from any claims, losses, liabilities, damages, and expenses arising out of your use of the Website, your business operations, or your breach of this Agreement.
SECTION 21 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT
If you believe that any content on the Website infringes your copyright or other intellectual property rights, please contact us with a notice of infringement. We will take appropriate action in accordance with the Digital Millennium Copyright Act (DMCA) or equivalent Australian laws.
SECTION 22 – THIRD-PARTY LINKS
The Website may contain links to third-party websites. We are not responsible for the content or practices of any third-party websites and provide these links for convenience only.
SECTION 23 – TERMINATION
We reserve the right to terminate your access to the Website or services at our discretion, including for violations of this Agreement.
SECTION 24 – NO WAIVER
Failure to enforce any provision of this Agreement does not constitute a waiver of that provision.
SECTION 25 – GOVERNING LAW AND VENUE
This Agreement is governed by the laws of Australia. Any disputes not subject to arbitration will be resolved in the courts of Western Australia.
SECTION 26 – FORCE MAJEURE
We are not liable for any failure to perform our obligations under this Agreement if such failure is due to events beyond our reasonable control, including but not limited to natural disasters, war, or strikes.
SECTION 27 – ASSIGNMENT
We may assign our rights and obligations under this Agreement to any party without notice. You may not assign your rights or obligations without our prior written consent.
SECTION 28 – ELECTRONIC SIGNATURE
By using the Website, you agree to conduct transactions and execute agreements electronically. Your electronic acceptance of this Agreement constitutes a legally binding contract.
SECTION 29 – CHANGES TO THE AGREEMENT
We reserve the right to change this Agreement at any time. Any changes will be effective immediately upon posting on the Website.
SECTION 30 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You represent and warrant that you have the authority to enter into this Agreement and that your use of the Website and services will not violate any applicable laws or regulations.
SECTION 31 – SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
SECTION 32 – ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Course Launch Solutions with respect to the Website and services and supersedes all prior agreements and understandings.
SECTION 33 – CONTACTING US
If you have any questions about this Agreement, please contact us at [email protected].
SECTION 34 – DATA PRIVACY SHIELD
We comply with the Data Privacy Shield framework to ensure the protection of your personal data. For more information, please refer to our Privacy Statement.
SECTION 35 – USE AND DEVELOPMENT OF ADVANCED TECHNOLOGIES TO PROVIDE SAFE AND FUNCTIONAL SERVICES FOR EVERYONE
Course Launch Solutions is committed to the use and development of advanced technologies to enhance the safety and functionality of our services. This includes ensuring the security of our systems and protecting user data.
SECTION 36 – LIMITS ON COURSE LAUNCH SOLUTIONS’ INTELLECTUAL PROPERTY
You acknowledge that any intellectual property developed or provided by Course Launch Solutions, including but not limited to proprietary software, trademarks, and branding, remains the exclusive property of Course Launch Solutions.