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Terms & Conditions

>Terms & Conditions
Terms & Conditions2018-08-22T12:51:17+00:00

Definitions

“Iconic Growth Online Platform”, “Platform”, or “The Platform” means;

  1. a) The website located at https://learn.iconicgrowth.com.au;
  2. b) The website located at https://www.iconicgrowth.com.au;
  3. c) The business plan located at https://www.iconicgrowth.com.au/my-business-plan;
  4. d) The Build A Business Program Facebook group located at https://www.facebook.com/groups/buildabusinessplatform;
  5. e) Resources, templates, graphics, designs, and other supporting materials and/or services located within or linked to the above websites;

“Iconic Growth”, “We”, “Our”, or “Us” means Iconic Growth Pty Ltd, its subsidiaries, agents, and intellectual property;

“Iconic Growth’s Intellectual Property” means any present or future intellectual and industrial property rights conferred by statute, at common law or in equity and wherever existing, including patents, designs, copyrights, rights in circuit layouts, plant breeder’s rights, trade marks, know how, brand names, domain names, inventions, product names, trade secrets and other rights subsisting in the results of intellectual effort in any field, whether or not registered or capable of registration, any application or right to apply for registration of any of those rights, any registration of any of those rights or any registration of any application referred to above; and all renewals and extensions of those rights

“Client”, “You”, or “Your” means a person who requests information, purchases, accesses, or uses the Iconic Growth Online Platform;

“Access Period” means the period of time You are granted access to the ordered Course, 365 days unless otherwise specified;

“After Hours” means from 17:00 to 08:30 hours Monday to Friday and all day Saturday and Sunday, including Public Holidays;

“Business Hours” means Monday to Friday from 08:30 to 17:00 hours excluding Public Holidays;

“Business Plan” means the business plan tool contained within the Iconic Growth Online Platform, all resources, and resultant documents;

“Conditions” means these terms and conditions;

“Courses” means an education course, delivered by computer based training, e-learning, or online education;

“Course Material” means materials, articles, videos, forum posts, images, emails, documents, comments, PDF documents, excel spreadsheets, word documents, resource templates, examples, blog posts, vlog posts, podcasts, and comments;

“Goods” means any goods and/or services sourced by Us or provided by Us in connections with any such goods and/or services including online education and any Goods or Services provided in connection with any of those things;

“GST” or “Goods and Services Tax” has the meaning given to it under A New Tax System (Goods and Services Tax) Act 1999 (Cth);

“Information” means materials, articles, videos, forum posts, images, emails, documents, comments, PDF documents, excel spreadsheets, word documents, emails, telephone calls, blog posts, vlog posts, podcasts, and comments;

“Order” means any order requested by You to Us for Goods, Services, or Courses in any form;

“Period” means a particular number of hours, days, weeks, fortnights, months, or any other period, as may be agreed between Us and You;

“Public Holidays” means any day which is a public holiday throughout Victoria & South Australia other than a bank holiday;

“Rates” means the hourly rates and other charges for Services (including any fees and any Return/Cancellation Fees) set out in the Rates Schedule, Quote, contract, or arrangement entered into by Us and You or in these Conditions, and includes any monies payable to Us on a merit basis for any work that has been done;

“Rates Schedule” means the schedule of rates, charges, and conditions for Our Services, and may be varied by Us from time to time in its absolute discretion without notice to You;

“Reasonable Assistance Limits” means a reasonable limit of assistance provided, so far as to support the access to the Platform, Goods, Services, or Courses.;

“Return/Cancellation Fee” means a fee charged as set by Us from time to time;

“Strategy Session” means an appointment with an Iconic Growth representative or agent by phone, video conference, or in-person;

“Support Request” means a request for assistance associated with the Goods, Services or Courses, subject to the Reasonable Assistance Limits;

“Services” means the provision of any services by Us including Work, advice, Strategy Sessions, and recommendations;

“Submissions” means posting or submitting any Information to us via the Iconic Growth Online Platform, social media platforms, email, text, phone, or otherwise;

“Your Business” means one (1) business of which you are the proprietor, owner, or officeholder,

Words denoting the singular number only shall include the plural number and vice versa;

Reference to any gender shall include every other gender;

Reference to any Act of Parliament, Statute or Regulation shall include any amendment currently in force at the relevant time and any Act of Parliament, Statute or Regulation enacted or passed in substitution therefore;

Headings and words put in bold are for convenience of reference only and do not affect the interpretation or construction of these Conditions;

All references to dollars ($) are to Australian Dollars;

A reference to time is to Melbourne, Australia time;

A reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;

A reference to a recital, clause, schedule, annexure or exhibit is to a recital, clause, schedule, annexure or exhibit of or to these Conditions;

A recital, schedule, annexure or description of the parties forms part of these Conditions;

A reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions), as amended, novated, supplemented or replaced from time to time;

Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;

A reference to “includes” means includes without limitation;

A reference to “will” imports a condition not a warranty;

Copyright

The content, designs, resources, and visual assets contained on the Iconic Growth Online Platform is Copyright © Iconic Growth Pty Ltd. Iconic Growth Pty Ltd and the Iconic Growth logo are trade marks of Iconic Growth Pty Ltd (ACN 621 994 018). All original works and materials created by Iconic Growth Pty Ltd, its representatives, and/or agents is copyright and is not permitted to be modified, copied, reproduced, republished, uploaded, posted, transmitted, translated, sold, exploited, or distributed in any manner or medium (including by email or other electronic means) without the authors/owners permission. This copyright extends to any Course Materials which fall under the same law of Copyright and original works. Course Materials in the Courses are all original works and remain the express property of Iconic Growth Pty Ltd. You may, however, during the Access Period, download and/or print the provided Course Materials for use within Your Business.

Intellectual Property

All of Iconic Growth’s Intellectual Property Rights , and original works and materials created by Iconic Growth or its representatives, and/or agents are not permitted to be modified, copied, reproduced, republished, uploaded, posted, transmitted, translated, sold, exploited, or distributed in any manner or medium (including by email or other electronic means) without the authors/owners permission. This extends to any Course Materials and any other original works. Course Materials in the Courses are all original works and remain the express property of Iconic Growth Pty Ltd.

Your Licence to Us

By providing any Submissions of Information to us you warrant;

  1. a) that you are the owner of the material, or have a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, assign, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose;
  2. b) that you are eighteen (18) years of age or older.

Additionally, when you submit any Submissions of Information you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

Disclaimers and Limitation of Liability

Throughout the Platform, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Us. Neither Iconic Growth nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Iconic Growth neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY ICONIC GROWTH AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE PLATFORM OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE PLATFORM, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE PLATFORM, OR WITH ANY OF THE PLATFORM’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND THE PRODUCTS, SERVICES AND/OR MATERIALS

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

ICONIC GROWTH IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR.

WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE INFORMATION PROVIDED BY US IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY ICONIC GROWTH, SECURITY, OR FUND. OUR INFORMATION SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS.

WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US.

THIS PLATFORM IS CONTINUALLY UNDER DEVELOPMENT AND ICONIC GROWTH MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

You acknowledge and agrees that no representation has been made by Iconic Growth or it’s affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the Goods, Services, or Courses.

You agree at all times to defend, indemnify and hold harmless Iconic Growth, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Online Commerce

Certain sections of the Program may allow you to purchase many different types of Goods, Services, and/or Courses online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Platform or on a site linked to by the Platform, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release Us and Our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Platform, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Iconic Growth shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Platform. You agree to use the Platform and to purchase services or products through the Platform for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase Goods, Services, or Courses for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Your purchase is for personal use only. Sharing of purchases is not permitted and will be considered unauthorised, an infringing use of our copyrighted material, and may subject violators to liability and/or immediate termination of the Access Period.

If payment for a course is declined, we will disable access to the affected Goods, Services, or Courses.  Once the billing issue is resolved, we’ll restore access.

Interactive Features

The Platform may include a variety of Course Materials, Information, or features which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Platform. It is a condition of your use of the Platform that you do not:

  1. a) Restrict or inhibit any other user from using and enjoying the Platform;
  2. b) Use the Platform to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. c) Interfere with or disrupt any servers, networks and/or infrastructure used to provide the Platform or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Platform;
  4. d) Use the Platform to instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
  5. e) Gain unauthorised access to the Platform, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means;
  6. f) Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Platform;
  7. g) Use the Platform to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
  8. h) Use the Platform to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
  9. i) Use the Platform to post or transmit any information, software or other material that contains a virus or other harmful component;
  10. j) Use the Platform to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising;
  11. k) Use the Platform to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval;
  12. l) Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Platform.

Iconic Growth may host message boards, chats and other public forums on the Platform. Any user failing to comply with the terms and conditions of these Conditions may be expelled from and refused continued access to, the message boards, chats or other public forums. Iconic Growth or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centres for users and subscribers. Information and content posted within these public forums may be provided by Iconic Growth staff, Iconic Growth’s outside contributors, or by users not connected with Iconic Growth, some of whom may employ anonymous user names. Iconic Growth expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyper-links embedded in any messages. Under no circumstances will we, our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Iconic Growth or any of its subsidiaries or affiliates.

Iconic Growth has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Platform. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

We occasionally include access to an online community as part of our Platform. We want every single member to add value to the group. Therefore, we reserve the right to remove anyone at any time. We rarely do this, but we want to let you know how seriously we take our communities.

Registration

To access certain features of the Platform, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Platform, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Platform’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Platform, you will need a user-name and password, which you will create through the Platform’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Support

We offer a range of support services for Courses offered in the Platform including;

  1. Email support (support@iconicgrowth.com.au)
  2. Chat support (Available in the Platform)
  3. Phone support (For case escalation only)

These support services are available during Business Hours. We do not provide a time guarantee or service level agreement for support services. Support is provided as-is and subject to Reasonable Assistance Limits. We only provide support for the Platform and we do not provide any support for Your devices, infrastructure, internet connection, configurations, software, or other systems. You agree that under no circumstances are We liable for any direct, indirect, incidental, special, or consequential damages resulting from the Support services.

Termination

We may cancel or terminate your right to use the Platform or any part of the Platform at any time without notice. In the event of cancellation or termination, you are no longer authorised to access the part of the Platform affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Platform, and the disclaimers and limitations of liabilities set forth in these Conditions, shall survive.

Refund Policy

Your purchase of Goods, Services, or Courses may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.

Build A Business Program Value Guarantee

The Build A Business Program Value Guarantee offers you a full refund on the purchase price, less an administrative fee, of the Build A Business Program. The following terms and conditions apply;

  1. a) In order to organise a refund under the Build A Business Value Guarantee, You must notify Iconic Growth within fourteen (14) days of the Order date and request a refund through these terms and conditions in writing. You must comply with Our directions to facilitate a refund;
  2. b) Where a customer requests a refund in accordance with these terms and conditions, the refund will be for the full purchase price less a $300 excluding GST administrative fee;
  3. c) In order to qualify for the Build A Business Value Guarantee you must have completed all course activities in Modules 01-03 and attended the first Strategy Session;
  4. d) You must be able to demonstrate that no value was obtained from the Build A Business Program;
  5. e) You agree that We will determine at Our sole and absolute discretion as to whether to issue You a refund and you agree to accept any decision We made as final and binding.
  6. f) You must surrender all Course Materials and works derived from these Course Materials to Iconic Growth. In addition, you also assign all Intellectual Property rights for any and all Information and Course Materials obtained or influenced by the Platform;
  7. g) Iconic Growth has first and final judgement for the eligibility for the Build A Business Program Value Guarantee;
  8. h) In the event Iconic Growth approved your Value Guarantee application, We will issue a refund as soon as is reasonably practicable. You will be informed of our decision, and refund acknowledgement, if applicable, via email;
  9. i) Refunds will be issued in a manner specified by Iconic Growth in the refund acknowledgement email. Iconic Growth accepts no responsibilities for any delays that may occur in receiving the refund as a result of any third-party payment delays.

Other

This Agreement shall be binding upon and inure to the benefit of Iconic Growth and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Iconic Growth. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Iconic Growth to any affiliated entity or any of its wholly owned subsidiaries.

These Conditions shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, and any dispute shall be subject to binding arbitration in ­­­Victoria, Australia. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Disclaimer

This policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website.