(Last Updated: August 2015)
NOTICE TO USER: The following specifies the terms and conditions on which Zoom in Business offers you access to our Web site and business programs. You agree to these terms and conditions by using this site. Please read these terms carefully before using this site.
1. Welcome to the Zoom in Business website!
The Zoom in Business website is provided by The Gadsby Group Pty Ltd. You (also referred to as "User") may contact us through our Contact Us Web page or email us directly via CLICK HERE
2. Acceptance of terms and conditions through use
By using this site and program, you signify your agreement to all of the terms, conditions, and notices contained or referenced herein ("Terms and Conditions"). Zoom in Business reserves the right to update or revise the Terms and Conditions at any time. Your continued use of the site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
3. Membership Billing, Termination and Cancellation
Membership/s and Subscription/s You Purchase:
All transactions processed through the website are processed in Australian Dollars (AUD).You agree to pay all fees in effect when incurred, plus any applicable taxes or other charges. Fees and charges are non-refundable.
Our policy is to bill you for your membership or subscription in advance at the time of agreeing to the terms and conditions to join our program. Zoom in Business programs and memberships automatically may renew and your credit card or other payment method you provide will be charged on the first day of each renewal period until otherwise terminated by us or cancelled by you, or unless the terms of a promotion state otherwise, for promotions that include "free" periods with "paid" periods, paid periods will elapse first.
Zoom in Business is a 3-month program. Payments must be made monthly. There are no cancellations or refunds during this time. The only cancellation that can be made is during the first 30 days a 30-day guarantee. The Zoom in Business program Materials may only be used for educational purposes and only for non-commercial use.
We can cancel your membership if you are in breach of this Agreement. If you wish to cancel your subscription, please contact Customer Service on1300 249 742. Cancellation of subscriptions will take effect at the end of the current billing period and will not result in a refund.
Should your credit card expire, you will be required to supply new details that will take you up to the end of the agreed payment period. We reserve the right to suspend your access to Zoom in Business until your payments are up to date and the terms and conditions of your membership or subscriptions are fulfilled.
Free Trial Memberships:
Free trial memberships allow you to try the Economy Class membership for one (1) month without charge. If you wish to cancel your trial membership, please, contact Customer Service.
Terms Applicable to all Subscriptions:
Zoom in Business reserves the right to terminate this Agreement without notice if you violate its terms or conditions, if a charge to your credit card or other payment method is declined, or if your subscription expires.
Zoom in Business may engage the use of a third party payment processing service provider in order to facilitate the payment of User subscriptions. In the event Zoom in Business utilizes a third party payment processor to process subscriber payments, such use of a third party in no way constitutes an agreement between the User and the third party payment processor. The agreement is between the User and Zoom in Business and the third party processor shall not be liable for any loss or damage arising out of such agreement.
5. Maintaining Your Account Information
You agree to use your account page to review and update the information you submitted during registration if it changes. Specifically, you agree to review and update your: email address, name, address, city, state, postal code, country, phone number(s), and payment information (e.g., credit card number and expiration date).
6. Permitted Use
You may use the Zoom in Business website for your personal or commercial purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display, performance, rehosting, tampering, framing, or embedding of this site or its content or tools, or any other third party use whatsoever of this Web site or its content or its tools, is strictly prohibited without our prior written consent.
With the Exclusive Closed Members Group on Facebook, (Facebook Group), some business owners may choose to share with you private information that they do not want repeated outside The Zoom in Business environment. If informed, please be respectful and refrain from discussing such information outside the environment.
You understand that Zoom in Business will be recording the Live Training Calls and Question and Answers, which may include videoing, audio recording, or doing case studies. Facebook posts may be used as testimonials in marketing material. The recordings, case studies and testimonials may then be used for the creation of physical DVD or CD products, or turned into online videos or audios, or used as marketing material. You give permission for this to occur.
7. Restrictions on Use
You agree to use this site for lawful purposes only. You agree not to post or transmit through our site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violate any law.
You agree not to upload, post, or otherwise make available on this site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right - the burden of determining that any material is not protected by copyright rests with you.
You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials downloaded from or made available through our the Zoom in Business site or publication. You agree not to use programs, scripts, code or other available methods to download or view multiple pages of content on Zoom in Business in an automated fashion. Should your account generate an excessive number of page hits in a given period, your account may be automatically frozen and will be subject to review. You agree not to save the content available on Zoom in Business on your hard drive or other storage device for viewing offline unless you have purchased the right to do so through Zoom in Business or has otherwise given you permission to do so. You understand that such actions may subject you to serious civil and criminal legal penalties and that Zoom in Business may pursue such penalties to the full extent of the law to protect its rights and the rights of publishers, authors, and its other licensors.
8. Plagiarism and Commercial Use Prohibited
You agree not to misuse our Web site to plagiarize or represent the work of others as your own. You may not make any commercial use of this Web site, including charging others for access or selling collections of material gathered from our site. You are not permitted to copy any portion of our site for distribution to others other than in the normal course of your personal or commercial purposes.
9. Trademarks, Copyrights and Other Intellectual Property Rights
You acknowledge and agree that all content and services available on this site are property of Zoom in Business and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws internationally. Zoom in Business© is a trademark.
10. Third Party Content and Links to Third Party Sites
Zoom in Business is also a secondary provider (and not a publisher) of content supplied. Accordingly, Zoom in Business has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice or statements contained within the content available through our site are those of the respective author(s) or publisher(s) and not of Zoom in Business. Zoom in Business neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement contained in the content available through our Web site.
11. Content posted to Zoom in Business
Notes, comments, reviews, and other types of content posted by members or experts on zoominbusiness.com or via the closed Facebook group or any other public forum, may be used throughout our service. By posting content to Zoom in Business, you grant (and you represent and warrant that you have the right to grant) Zoom in Business a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully-transferable and sublicenseable right to display, use, analyse, aggregate, modify, adapt, publish, translate, transform, and create derivative works from such content.
Any postings made by members and experts of Zoom in Business are "non-exclusive" which means you can post the same content elsewhere.
12. Participating in Discussions, Reviews, and Note Sharing.
Zoom in Business reminds all users to employ common sense when posting material and to keep their posts in the spirit of Zoom in Business mission to offer a worldwide forum for small business owners. Please be polite and respectful of other users.
The following things are against the rules:
1. Do not make personal attacks.
2. Do not use Zoom in Business as an advertising medium. Commercial or any other form of solicitation is forbidden.
3. Do not repost content flagged as abuse. If you believed you were flagged unfairly, feel free to contact Customer Service.
4. Zoom in Business may not be used for any illegal activity.
5. Users may not use Zoom in Business to injure, threaten, stalk or harass someone.
6. Do not post inappropriate material.
7. Your username and other details may not be calculated to impersonate someone or some organization.
13. Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER THE GADSBY GROUP PTY LTD TRADING AS ZOOM IN BUSINESS, ITS AFFILIATES OR PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE QUALITY OR ACCURACY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.
THIS SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
IN NO EVENT WILL ZOOM IN BUSINESS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ZOOM IN BUSINESS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE.
THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ZOOM IN BUSINESS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless The Gadsby Group Pty Ltd, Zoom in Business, its affiliates and partners and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable Legal fees) arising out of your use of the service.
No representations or warranties are made with respect to the results to be obtained from participating in Zoom in Business or using the Program Materials. No portion of the Zoom in Business material would constitute legal, professional, personal or financial advice.
15. Notices by Email
You agree that we may send you administrative notices and otherwise communicate with you about this Agreement by email. You agree to update your account information for changes in your email address. We are not responsible if you do not receive notice from us due to incorrect email addresses or other circumstances beyond our control.
16. Access Outside Australia
Zoom in Business does not represent that materials and content in the service are appropriate or available for use in countries outside Australia. If you choose to use the service from outside Australia, you are solely responsible for compliance with your local laws.
This Agreement is personal to you and you may not assign your rights or obligations to anyone. Any attempt to do so will be null and void.
The section headings used herein are for convenience only and shall not be given any legal import.