CONTENTS
| 1. | Definitions |
| 2. | Our contract with you |
| 3. | Your account with us |
| 4. | Price, payment and service provision |
| 5. | Cancellation of order |
| 6. | Foreign taxes, duties and import restrictions |
| 7. | Dissatisfaction with the Services |
| 8. | Disclaimers |
| 9. | Your Material |
| 10. | System Security |
| 11. | Acceptable use Policy |
| 12. | Confidential Information and Intellectual Property Rights |
| 13. | Your Email Address |
| 14. | Indemnity |
| 15. | Miscellaneous provisions |
INTRODUCTION
What follows are the Website terms and conditions for services to consumers, including Payment Online Trading terms and conditions of www.theiiiclub.com, and all websites owned by PAR & Associates (Phil Ramage).
These terms and conditions regulate the business relationship between you and us. When you buy from us, you agree to be bound by them. No person under the age of 18 years may purchase Services. If you are under 18, please ask an adult for help with your purchase.
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We are: PAR & Associates (Phil Ramage)
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You are: a visitor to a website owned by us and/or a customer of ours
The Terms and Conditions
Paragraph 1 – Definitions
In this agreement:
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“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business;
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“Our Website” means the entire computing hardware and software installation that is or supports Our
Website. -
“Services” means any of the services we offer for sale on our Website and include generally available
updates and support services so far as specified for each service. -
“Content” means any material in any form published on Our Website by us or any third party with our
consent. -
“Material” means Content of any sort posted by you on Our Website
Paragraph 2 – Our contract with you
The following terms and conditions apply:
Para 2.1 So far as the context allows, to you as a visitor to Our Website; and
Para 2.2 In any event to you as a buyer or prospective buyer of our Services.
Para 2.3 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase receipt.
Para 2.4 We cannot guarantee that every Service advertised on our website is available. If at any time a Service
for which you have paid becomes unavailable, we will immediately refund any money you have paid. Our
refund will cover the period of unavailability and not any period for which Services have been available.
Para 2.5 We may change these terms from time to time. The terms that apply to you are those posted here on
Our Website on the day you order Services.
Para 2.6 If in future, you buy Services from us under any arrangement which does not involve your payment via
Our Website, these terms still apply so far as they can be applied.
Para 2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as
reasonably practicable but in any event no later than 7 days from the date of your order.
Paragraph 3 – Your account with us
Para 3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete
information about yourself. We need this information to provide you with the Services.
Para 3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and
password and for preventing any unauthorized person from using your computer.
Para 3.3 You agree to accept responsibility for all activities that occur under your account or password. You
should tell us immediately if you believe some person has accessed your account without your authority and
also log in to your account and change your password.
Paragraph 4 – Price, payment and service provision
Para 4.1 It is possible that the price may have increased from that posted on our Website. If that happens, we
will not provide the Services until you have confirmed that you wish to order at the new price.
Para 4.2 You agree to pay the monthly charge for the Services, from your PayPal account, credit or debit card, information for which you will or will have supplied to us. You authorize us to arrange withdrawal of
funds on this card each month without further reference to you.
Para 4.3 Payments are billed in advance on the same day as your initial order each month.
Para 4.4 Our Services may be provided by email or be made available for you to download in a way we will have
explained in our Website.
Para 4.5 If we are not able to provide your Services within [10] days of the date of your order, we shall notify you
by e-mail to tell you the likely provision date.
Para 4.6 Once Service provision has started, you may cancel the Services at any time on giving us 21 clear days
notice. Payment will be due until the expiry of the notice period.
Para 4.7 We may change the nature or provision of the Services at any time. We may tell you about any such
change by email or by posting details on Our Website.
Para 4.8 If we change the nature or provision of the Services, you may terminate this contract.
Para 4.9 If a change we make in the provision of the Services, involves action on your part, and you do not take
that action, we are entitled to terminate the Services to you without notice.
Para 4.10 You may not share or allow others to use the Services in your name.
Para 4.11 We will do our best to maintain Our Website so that you have constant use, but there will be times
when your use may be interrupted. Interruption to the Services for reasonable periods for maintenance or
causes beyond our control is not a ground for repayment of money you have paid. When we are aware of
the likelihood of down time, we will tell you in advance.
Paragraph 5 – Cancellation of order
Para 5.1 We offer our digital based products with a full 30 day money back guarantee from the date of purchase
unless otherwise stated. All coaching, mentoring and consultation services offered by PAR & Associates are entered into contractually. You have the right to cancel any contract within 14 days from the date of payment or the date we received your contract, whichever is longest.
Para 5.2 This paragraph does not affect your rights in the event that you have a genuine and valid complaint
about the way have provided the Services to you.
Paragraph 6 – Foreign taxes, duties and import restrictions
Para 6.1 If you are not in Thailand or The United Kingdom, we have no knowledge of, and no responsibility for, the laws in your country.
Para 6.2 You are responsible for purchasing Services which you are lawfully able to import or use and for the
payment of import duties and taxes of any kind levied in your country.
Paragraph 7 – Dissatisfaction with the Services
Para 7.1 If for any reason you are not completely happy with your purchase, contact us immediately and tell us:
Para 7.1.1 exactly why you think we have failed;
Para 7.1.2 the date, if relevant, of the failure;
Para 7.1.3 when and how you discovered the failure;
Para 7.1.4 the result of the failure;
Para 7.1.5 your suggestion as to the action we should take to resolve the situation and restore your faith in us.
Para 7.2 To do this, it is essential that you contact us by email at the Contact Point on Our Website.
Paragraph 8 – Disclaimers
Para 8.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Services, at any time and without advance notice.
Para 8.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large web based business. We would be grateful if you bring any that you find to our immediate attention.
Para 8.3 We give no warranty and make no representation, express or implied, as to:
Para 8.3.1 the adequacy or appropriateness of the Services for your purpose;
Para 8.3.2 the truth of any Content on Our Website published by someone other than us;
Para 8.3.3 any implied warranty or condition as to the merchantability or fitness of the Services for a purpose other than that for which the Services are commonly used;
Para 8.3.4 compatibility of Our Website with your equipment, software or telecommunications connection.
Para 8.4 Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
Para 8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Services.
Para 8.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
Para 8.7 The above two sub paragraphs do not apply to a claim for personal injury.
Paragraph 9 – Your Material
Para 9.1 If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose.
Para 9.2 You agree that if you do post any Material on Our Website, in doing so, you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
Para 9.3 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
Para 9.4 You represent and warrant that:
Para 9.4.1 you own the rights to all of the Material that you post;
Para 9.4.2 any fact stated in your Material is accurate.
Paragraph 10 – System Security
Para 10.1 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
Para 10.2 You may not use any software tool for the purpose of extracting data from our website.
Para 10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Paragraph 11 – Acceptable use Policy
Para 11.1 As a condition of your use of Our Website, you agree that you will not use or allow anyone else to use the Web Site to post or otherwise publish the following:
Para 11.1.1 copyright works;
Para 11.1.2 commercial audio, video or music files;
Para 11.1.3 any Material which violates the law of any established jurisdiction;
Para 11.1.4 unlicensed software;
Para 11.1.5 software which assists in or promotes: emulators, phishing, hacking, password cracking, or IP spoofing;
Para 11.1.6 links to any of the material specified in this paragraph;
Para 11.1.7 pornographic Material;
Para 11.1.8 any Material promoting discrimination or animosity to any person on grounds of gender, race or color.
Para 11.2 You will not use the Services for spamming. Spamming includes, but is not limited to:
Para 11.2.1 The bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
Para 11.2.2 The sending of junk mail;
Para 11.2.3 The use of distribution lists that include people who have not given specific permission to be included in such a distribution process;
Para 11.2.4 Excessive and repeated posting off-topic messages to newsgroups;
Para 11.2.5 Excessive and repeated cross-posting;
Para 11.2.6 Email harassment of another Internet user, including but not limited to, transmitting any threatening, libelous or obscene Material, or Material of any nature which could be deemed to be offensive;
Para 11.2.7 The emailing of age inappropriate communications or content to anyone under the age of 18.
Paragraph 12 – Confidential Information and Intellectual Property Rights
Para 12.1 You agree to keep safe any Confidential Information and not to disclose or make available for disclosure to any person, any part of it.
Para 12.2 We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
Para 12.3 We also claim copyright in the designs and compilation of all Contents of Our Website, including Title and ownership rights, all of which shall remain the sole property of us and / or any other content provider(s). We will strongly protect those rights in all countries.
Para 12.4 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
Para 12.5 You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
Para 12.6 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
Paragraph 13 – Your email address
Para 13.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
Para 13.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
Para 13.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
Paragraph 14 – Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
Paragraph 15 – Miscellaneous provisions
Para 15.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Para 15.2 Where we provide goods or services without specific charge to you, then it (or they) is (or are) deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or services.
Para 15.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
Para 15.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as separable and shall not in any way affect any other of these terms.
Para 15.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
Para 15.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
Para 15.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control, including strikes of our own employees.
Para 15.8 This Agreement shall be governed by and construed in accordance with the law of the
United Kingdom. This agreement shall not be governed by Thailand’s Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
I have read and understood all of the above terms and conditions, and I agree that they form part of the contract between us. If I am under the age of 18 years, I confirm that I have brought the terms and conditions to the notice of my parent or guardian, and that person has agreed that I may buy your Services.