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Terms and Conditions of Use

Last updated: 18 Nov 2024

Acceptance Of Terms & Conditions

Welcome to manolutions.com and all associated websites, online services, and digital platforms (collectively referred to as the ‘Services’) operated by Manolutions, including but not limited to our online training programs, web applications, and any other digital offerings. By accessing or using any of our Services, you (the ‘User’) agree that you have read, understand, and agree to be bound by these Terms of Use (‘Terms of Use’ or ‘Agreement’), whether or not you are a registered member (‘Member’) of the Services.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without notice. If we do this, we will post the changes to these Terms of Use on this web page and will indicate at the top of the Terms of Use the date they were last revised. Your continued use of any of our Services after such posting constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, we ask that you do not use or access (or continue to use or access) any of our Services. It is your responsibility to regularly review the Terms of Use to determine if there have been changes.

By using the Services, you acknowledge that these Terms of Use constitute a binding legal agreement between you and Manolutions, applicable to all websites, online training programs, web applications, and digital platforms operated by Manolutions.

Terms Of Agreement

This Agreement shall remain in full force and effect while you use any of our Services or are a Member. You may delete your account and end your membership at any time, for any reason by writing to support@manolutions.com. Manolutions may terminate your membership for any reason, at any time. Even after termination, your obligations under this Agreement will remain in effect.

You understand that termination of this Agreement and your account may involve deletion of your information from our live databases as well as any Member Content that you have uploaded to or created on any of our Services using your account. You agree that Manolutions will not have any liability whatsoever to you for any termination of your account or related deletion of your information or Member Content.

Manolutions will handle any personal data in accordance with applicable data protection laws and our Privacy Policy. We may retain certain information as required by law or for legitimate business purposes to the extent permitted by applicable regulations.

Use Of Services

In your use of our Services, you agree not to do anything that may cause undue inconvenience, disruption or offence to Manolutions, or that may affect the security or operation of our Services, any features offered via our Services, or any network or system underlying or connected to them (including without limitation, by using a robot, spider, scraper or other automated means to access our Services or features on them for any purpose).

Manolutions reserves the right to terminate your use of our Services in the event that you breach any of the Terms and you agree to indemnify Manolutions against the consequences of your breach.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Manolutions.

Fees

You acknowledge that Manolutions reserves the right to charge for Services and to change our fees from time to time in its discretion, upon posting such policy on the relevant Service. Thereafter, upon using our Services, you will be responsible for the payment of any applicable fees as set forth on the respective Service.

Manolutions accepts payment via list accepted payment methods. All fees are non-refundable unless otherwise stated in our Refund Policy, which can be found on our Services.

Conditions Of Sale

Eligibility

To purchase products or services from Manolutions, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction.

Services and Products

Manolutions offers the following services and products:

  1. Certificate IV Accredited Leadership and Management Training Courses: Online courses with facilitated video calls and accountability sessions.
  2. Business Optimization Training: Consulting and team training services.
  3. Executive Coaching: One-on-one coaching services.
  4. Total QX Framework Implementation: Consulting, coaching, and training services related to our proprietary framework.
  5. Downloadable Resources: Including but not limited to e-books, guides, and templates.
  6. Digital Content: Including but not limited to videos, podcasts, and other multimedia content.
  7. Physical Products: Including but not limited to books and other printed materials (as may be offered in the future).

Payment Terms

You will be required to provide valid payment information at the time of purchase. By providing your payment information, you authorise Manolutions to charge your account for all fees and charges due and payable. For recurring services, you agree that Manolutions may process payments automatically at the intervals and amounts agreed upon at the time of purchase.

Pricing and Availability

Prices for products and services are subject to change without notice. Manolutions reserves the right to modify or discontinue any product or service without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the service.

Delivery of Services and Digital Products

  1. Online Courses and Training: We strive to provide access immediately upon confirmed payment. However, in the event of technical issues or force majeure events, we will do our best to provide access within 24 hours of confirmed payment. In case of any unforeseen delays beyond this timeframe, we will communicate with you promptly.
  2. Coaching and Consulting Services: Will be delivered as per the schedule agreed upon at the time of purchase.
  3. Digital Downloads: We aim to make digital products available for immediate download after confirmed payment. However, in the event of technical issues or force majeure events, we will do our best to make these available within 24 hours of payment confirmation. If any further delay occurs, we will notify you and provide an estimated time for availability.
  4. Video and Audio Content: Will be accessible as per the terms specified at the time of purchase.

Refunds and Cancellations

  1. Online Courses: A 30-day money-back guarantee is provided from the date of purchase, provided that no more than 10% of the course content has been accessed.
  2. Coaching and Consulting Services: Cancellations made more than 7 business days before a scheduled session will receive a full refund. Cancellations within 48 hours are non-refundable but may be rescheduled at Manolutions' discretion.
  3. Digital Downloads: Due to the nature of digital products, all sales are final unless the product is found to be defective.
  4. Physical Products: Returns accepted within 30 days of purchase, provided the item is in its original condition. Shipping costs for returns are the responsibility of the customer unless the item is defective.

Intellectual Property

All content provided through our services, including but not limited to course materials, videos, podcasts, and the Total QX Framework, is the intellectual property of Manolutions. Users are granted a limited, non-transferable licence to use this content for personal, non-commercial purposes only.

User Responsibilities

Users agree to:

  1. Provide accurate and complete information when purchasing services or products.
  2. Use the services and products for their intended purpose and not for any illegal or unauthorised purpose.
  3. Not share access to purchased courses, materials, or services with any third party.

Disclaimer of Warranties

Manolutions provides its services and products "as is" and "as available" without any warranty of any kind, either express or implied. While we strive for accuracy and quality, we do not guarantee that our services will meet your requirements or that they will be error-free, reliable, or always available.

Fees & Charges

You agree to pay all fees and charges incurred in connection with your use of Manolutions’ services (including any applicable taxes) at the rates in effect when the charges were incurred. Fees charged for services may change at any time without advance notice. Manolutions may automatically charge and withhold such fees and charges for services to be delivered within any jurisdictions as required by law.

For services delivered internationally, you may be subject to additional fees, import duties, and taxes, which are levied when the service is delivered or provided in the destination country. Any charges for customs clearance or additional taxes shall be borne by you, as Manolutions has no control over such charges and cannot predict the amount (if any). You agree that you are responsible for compliance with all laws and regulations of the destination country for any services you order.

Manolutions accepts payment via list accepted payment methods. Depending on the service, fees may be charged on a one-time, recurring, or usage-based basis. For recurring charges, you authorise Manolutions to bill your payment method in advance on a periodic basis in accordance with the terms of the specific service plan you select.

Disputes

You must notify us in writing within seven (7) days after receiving your payment statement if you dispute any of our charges on that statement, or such dispute will be deemed waived. Notifications of disputes should be sent to the following address: legal@manolutions.com.

Upon receiving a dispute notification, Manolutions will review the contested charges and respond within 14 business days. If the dispute is found to be valid, Manolutions will credit the disputed amount to your account or refund it to your original payment method, as appropriate.

Links

You agree not to create any links from any external websites to manolutions.com or any other Manolutions digital platforms (including deep-links) except with the prior express written permission of Manolutions.

Manolutions may grant permission for certain types of links, such as those from partner websites or client testimonials. If you wish to link to any of Manolutions’ digital platforms, please contact us at legal@manolutions.com.

Responsibility

Notwithstanding that Manolutions may facilitate payment for some services by credit card, Manolutions is not directly involved in the transaction itself. Responsibility for any refund rests with the user to settle any dispute with the credit card payment company, and/or PayPal©, or any other payment processor used.

While Manolutions is not directly involved in transactions, we will make reasonable efforts to assist users in resolving disputes with payment providers or third-party vendors, if applicable.

Disclaimer

You expressly understand and agree that your use of Manolutions’ services is at your sole risk. The preparation and provision of the information on our websites and digital platforms has been made in good faith. While all due care has been taken, Manolutions does not give any warranty that any information contained is accurate. Manolutions does not invite any visitor to act upon any information within our digital platforms without seeking professional advice. While we provide links to other websites, we do not necessarily endorse those sites or their content and we have no control over the conduct of the companies or organisations operating those sites.

The information provided on manolutions.com is for general informational purposes only and should not be considered as professional advice. Users should consult with appropriate professionals for specific advice tailored to their situation.

Error Free

Manolutions does not represent or warrant that our websites or digital platforms will be uninterrupted, timely, secure or error-free, free of any viruses or bugs, or that any information (including feedback) provided on our services is error-free or compatible with any other software or material. In addition, Manolutions accepts no liability for images, photos or other information that is posted to our digital platforms but is lost, damaged or corrupted.

While Manolutions strives to maintain a high-quality, secure website, we cannot guarantee complete freedom from errors or interruptions. We will make reasonable efforts to address any issues promptly upon discovery.

Password & Account Security

When you sign up to become a Member, you will be asked to choose a password. It is your responsibility to maintain the confidentiality of your password. You agree not to use the account, email address, or password of any other Member at any time. You are solely responsible for all activity by anyone using your account and/or password. If you suspect unauthorised use of your account or your password, please contact us at support@manolutions.com.

In selecting passwords, we recommend that the password you select should not relate to any readily accessible data such as your name, birth date, address, telephone number, driver’s licence, licence plate, or passport. Nor may it be an obvious combination of letters and numbers, including sequential or same numbers or letters. You are entirely responsible for maintaining the security of your login ID and password, and for all activity that occurs on or through your login ID and password, whether authorised or unauthorised. You should change your password immediately if you believe that your login ID and password have been used without authorization. Manolutions shall not have any liability for your failure to comply with these obligations.

If you forget your password or otherwise require assistance with accessing your account, please contact us at support@manolutions.com. for support.

Member Conduct

You understand that Manolutions’ services are available for your personal, non-commercial use only. You agree that no Member Content of any kind submitted by you or through your account will violate or infringe upon the safety or rights of any third party, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights or contain libellous, defamatory, or otherwise unlawful material.

You further agree not to scrape, harvest, or collect email addresses or other contact information of Members from our services by electronic or other means for any commercial purpose or for sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from our services or for any purpose.

You further agree that you may not use our services in any unlawful manner or in any other manner that could damage, disable, overburden, or impair our services.

In addition, you agree not to use our services to:

  • Upload, post, email, transmit, or otherwise make available any Member Content that we deem harmful, threatening, abusive, deceitful, misleading, harassing, vulgar, offensive, obscene, hateful, or racially/ethnically objectionable;
  • Impersonate any person or entity;
  • Upload unsolicited advertising materials;
  • Upload material containing software viruses;
  • Intimidate or harass another;
  • Use another's account without authorisation.

If you become aware of any misuse of the Service by any person, please contact us at legal@manolutions.com.

Proprietary Rights in Content on the Service

All content on Manolutions' services, including but not limited to design, text, graphics, other files, and their selection and arrangement (the "Content") and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights, are the property of Manolutions or its licensors. All rights reserved.

The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Manolutions' prior written permission under a separate agreement. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

You may not republish Content on any Internet, Intranet or Extranet site or incorporate any of the Content in any other database or compilation. Any other use of the Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on Manolutions' services are the sole property of Manolutions or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Manolutions under a separate agreement.

Member Content Posted on the Service

You are solely responsible for the content, text, information, photos, video, audio, images, graphics, or profile information that you publish or display (hereinafter "post") on Manolutions' services, or transmit to other Members through our services (collectively the "Member Content").

You understand and agree that Manolutions may, but is not obligated to, review and delete or remove any Member Content that in the sole judgement of Manolutions violates this Agreement or for any other reason.

By posting Member Content to any part of our services, you hereby grant, and you represent and warrant that you have the right to grant, to Manolutions an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence (with the right to sublicense) to use, copy, perform, display, modify, publish, reformat, translate, excerpt (in whole or in part) and distribute such Member Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sublicenses to do the foregoing.

Copyright Policy

We respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Content or any material on our services infringes upon your copyrights, you may submit a notification to Manolutions. Please supply:

  • A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorised to act on their behalf;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on our services;
  • Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
  • A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Links to Other Websites

The Services provided by Manolutions may contain links to other websites. Manolutions is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Services does not imply approval or endorsement of the linked website by Manolutions.

If you decide to access these third-party websites, you do so at your own risk. Any arrangements between you and any third party supplier that advertises products on or through our Services (such as payment terms, delivery dates for products or services, warranties or representations associated with such products or services) are made between you and the relevant third party supplier. Unless stated otherwise, Manolutions has no liability whatsoever in relation to these arrangements.

Member Disputes

You are solely responsible for your interactions with other Manolutions Members. Manolutions reserves the right, but has no obligation, to monitor disputes between you and other Members.

Acting on Instructions

All instructions received by Manolutions through our websites, by email, or other written method, shall be deemed to have been properly given by you and may be operated on accordingly. You agree that Manolutions may, but shall not be obliged to, refuse or omit to act upon an instruction if it believes it has reasonable grounds to do so which shall include, but not be limited to, the need to check or verify any information.

Manolutions shall use all reasonable efforts to act on a countermand of an instruction sent by you provided that if Manolutions is not able to countermand an instruction having used all reasonable efforts it shall not be liable to you for failing to action the countermand.

Privacy

Manolutions cares about the privacy of its Members. View our Privacy Policy, which is incorporated into these Terms of Use.

Data Protection and GDPR Compliance

Manolutions is committed to protecting your personal data and complying with applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable.

4.1 Data Collection and Processing: We collect and process personal data as outlined in our Privacy Policy. We only collect and process data that is necessary for the performance of our services or as required by law.

4.2 Data Subject Rights: If you are a resident of the European Economic Area (EEA) or where GDPR applies, you have certain rights regarding your personal data, including:

  • The right to access your personal data
  • The right to rectify inaccurate personal data
  • The right to erasure of your personal data
  • The right to restrict processing of your personal data
  • The right to data portability
  • The right to object to processing of your personal data
  • The right not to be subject to automated decision-making including profiling

To exercise these rights, please contact us at privacy@manolutions.com.

4.3 Data Transfers: If we transfer your personal data outside the EEA, we ensure that appropriate safeguards are in place to protect your data, such as Standard Contractual Clauses or adequacy decisions.

4.4 Data Retention: We retain your personal data only for as long as necessary to fulfil the purposes for which it was collected, or as required by applicable laws and regulations.

4.5 Data Security: We implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including encryption, access controls, and regular security assessments.

4.6 Data Breaches: In the event of a personal data breach, we will notify the relevant supervisory authority and affected individuals as required by applicable law.

4.7 Data Protection Officer: If you have any questions about our data protection practices or wish to make a complaint, please contact our Data Protection Officer at privacy@manolutions.com.

For more detailed information on how we handle your personal data, please refer to our Privacy Policy.

Disclaimers

Manolutions is not responsible for any Member Content, including Member Content that violates these Terms of Use or is offensive, incorrect or inaccurate, whether such condition is caused by users of the Services, Members or by any of the equipment or programming associated with or utilised in the Services.

Manolutions is not responsible for the conduct, whether online or offline, of any user or Member of the Services. You understand that the Services may be temporarily unavailable from time to time.

MANOLUTIONS DOES NOT ENDORSE, GUARANTEE, REPRESENT OR WARRANT THE PRODUCTS, CONTENT, ADVERTISEMENTS, OR ANY MEMBER CONTENT ON THE SERVICES.

Manolutions assumes no responsibility for any error, omission, interruption, unavailability, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user or Member communications.

THE SERVICES AND THE CONTENT ARE PROVIDED AS-IS AND AS AVAILABLE, AND MANOLUTIONS DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MANOLUTIONS CANNOT GUARANTEE AND DOES NOT PROMISE AVAILABILITY OF THE SERVICES OR ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.

Limitation on Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL MANOLUTIONS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, ARISING FROM YOUR USE OF OUR SERVICES, EVEN IF MANOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FOR ANY CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, MANOLUTIONS' LIABILITY WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MANOLUTIONS FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

Governing Law and Venue

The Terms of Use and any dispute about or involving the Services will be governed by the laws of the Commonwealth Government of Australia. Any legal action or proceeding relating to your access to, or use of, the Services or these Terms of Use shall be instituted in the State of Queensland, Commonwealth of Australia. You and Manolutions agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Indemnity

You agree to indemnify and hold Manolutions, its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement or your violation of any law or the rights of a third party.

You shall be liable to Manolutions for reasonably foreseeable costs (including settlement and legal fees), damages, losses or expenses that Manolutions may incur, suffer or become liable for as a result of:

  • Your breach of these Terms and Conditions;
  • Your intentional misuse of the Services;
  • Your negligent acts, errors or omissions;
  • Any claim, suit, action or proceeding brought by a third party against Manolutions as a result of the matters set out in this clause, except to the extent that Manolutions is at fault through any act or omission.

Force Majeure

Manolutions shall not be liable for any failure or delay in performing its obligations under these Terms of Use if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, civil unrest, terrorism, strikes, governmental action, or other similar events. In such cases, Manolutions shall be entitled to a reasonable extension of time for performing such obligations.

If the force majeure event continues for a period exceeding 90 days, either party may terminate this agreement by providing written notice to the other party. In such an event, users shall be entitled to a refund of any prepaid fees for services not received due to such termination.

Other

These Terms of Use constitute the entire agreement between you and Manolutions regarding the use of the Services, superseding any prior agreements between you and Manolutions relating to your use of the Services. The failure of Manolutions to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Manolutions may assign its rights under this Agreement to any third party without notice or consent. By using the Services, you consent to us contacting you via email or other electronic means. To opt out of receiving electronic communications, email us at support@manolutions.com.

Non-Circumvention

You expressly agree not to directly or indirectly contact, deal with, transact or otherwise be involved with any corporation, partnership, proprietorship, trust, individual, or other entities introduced by us to you without our specific written permission. You agree not to directly or indirectly circumvent, avoid or bypass us regarding renewals, corporation, partnership, proprietorship, trust, individual, or other entities introduced by us. You agree not to disclose or otherwise reveal to any other third party information disclosed by us to you without our specific written permission.

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