Terms of Service
Ecom Warrior Academy Agreement
Ecom Warrior Academy was created for aspiring entrepreneurs and freedom chasers who want to work from home, live by their own schedule, and earn a great income. The Ecom Warrior Academy program is made up of several information-packed modules, incredible bonuses, as well as direct help and support from Stallon and Matthew and their teams.
On behalf of the Ecom Warrior Academy team, we welcome you to the Dropshipping Accelerator Mentoring Program. Please agree to the Terms & Conditions below in order to acknowledge that you have read, understood, and agree to the attached terms and conditions. By accepting, you agree that you have read and understood all terms and conditions within it. Should you have any questions, you agree to have had these resolved prior to the signing of the form.
Please read these Terms and Conditions carefully. By purchasing our online training package, you (hereinafter referred to as “Client”) agree to the following terms and conditions within this Agreement. These Terms and Conditions, the attached application form, and any quotations provided form a complete membership agreement (the “Membership Agreement”). This Membership Agreement governs your use of our website – https://ecomwarrioracademy.com (the “Website”) and the Services (as defined below). THIS MEMBERSHIP AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES AND INCLUDES DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. If you do not agree with any of these terms, do not sign this agreement and do not provide payment details to the Company’s representatives.
These Terms & Conditions are in effect on the date on which they are agreed to.
Ecom Warrior Academy, ABN: 38 632 809 655
BACKGROUND
- The company and the Client agree to enter into this Services Agreement for the purposes of providing the Client with a non-transferable and limited license to use educational content developed by the Company with respect to setting up and operating online revenue streams through drop-shipping.
- The Parties agree to enter into the Agreement under which the Company will provide its educational materials and ongoing services and expertise to the Client on the terms of this Agreement.
1. Definitions and Interpretation
Agreement means these Membership Agreement Terms & Conditions.
Billing Period means the period beginning on the first of the month and ending on the last day of the month.
Business Day means any day (other than a Saturday, or Sunday, or a public holiday in the State of New South Wales) in which the banks in New South Wales are usually open for business.
Client means the person defined as such under this Agreement.
Confidential Information means all information and records of a party, in whatever form. It also means all information, Materials, Educational Resources, and Company-hosted content hosted by Internet Service Providers. It does not include information that:
- is publicly available at the Commencement Date;
- becomes publicly available, without breach of any obligation of confidence by either party;
- was already in the possession of the other party (as evidenced by written records) at the Commencement Date; or
- a party is obliged by law or required for the purposes of complying with taxation requirements, to disclose.
Deposit Amount means an amount (if any) payable prior to the commencement of Services as set out in the Quote.
Dispute means any dispute, difference, or issue between the Parties concerning or arising out of or in connection with or relating to this Agreement or the subject matter of this Agreement, termination, validity, repudiation, rectification, frustration, operation, or interpretation of this agreement.
Dispute Representative means a representative appointed under Clause 14 of this agreement.
Drop Shipping means the process of purchasing goods from a supplier and on selling those goods to a consumer, often at arbitrage.
E-Commerce means operating online with the intention to purchase and sell goods to consumers.
Effective Date means the date specified in the Quote for commencement of the Services.
Expenses means any out-of-pocket expenses properly incurred by us on your behalf or in respect of the provision of the Services or Materials including (without limitation) travel and accommodation, image license fees, software license fees, courier and postage fees, and printing expenses.
Fees mean the Fees for the Services and Materials set out in the Quote.
Force Majeure Event means any event beyond the control of the affected party, including but not limited to:
- fire, explosion, flood, earthquake, cyclone, epidemic, or natural disaster;
- war, revolution, outbreak of hostilities, riot, civil disturbance, act of terrorism or any other unlawful act against public order or authority;
- theft, malicious damage, strikes, lock-outs, or industry action of any kind;
- power failure, failure of telecommunications lines, failure or breakdown of plant machinery or vehicles;
- in respect of the Company, the death, disablement, or sickness of an employee essential in the performance of the Services.
Force Majeure Period means the period of 3 months commencing from the date that the Force Majeure Event occurred.
GST means GST within the meaning of the GST Act.
Intellectual Property means copyright, design, process, trademark, formula, invention, model, business name, domain name, patent, trade secret, and any other intellectual property right of any nature whatsoever throughout the world (whether registered or unregistered and including all applications and rights to apply for the same).
Loss means in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement, or liability incurred by or to be made or recovered by or against the person, however arising and whether direct or indirect.
Materials means any materials, or deliverables specified in the Quote, or which are integral in the Services.
Membership Fee means a portion of the money paid by the Client to the Company.
Notice of Dispute means a written notice which:
- states that it is a notice of Dispute under this clause;
- identifies the Dispute;
- states a time (which must be within normal business hours) and place (reasonably convenient to both Parties) for a without prejudice meeting.
Ongoing Services means any Services of a recurring nature over time (as opposed to those provided for the setup or completion of one-off projects).
Ongoing Services Retainer means the sum of money to be paid by the Client for the Ongoing Services.
Program means the course provided to the client by way of the website specified within this Agreement.
Quote refers to the agreed-upon set price of the course, which is verbally confirmed by the Company and the Client, and subsequently documented in writing in the Agreement delineating the Services, Fees, and any pertinent specifications or special clauses.
Services means, generally work performed by the Company for the Client.
Website means the portal that is provided to the Client to access educational materials.
3.2 Effect of Termination
The Company will not have any obligations to provide the Client with access to or copies of any Materials (including, but not limited to, domain names, URLs, or email lists) incomplete or otherwise, upon termination. The Client’s license to use the website, services, and any other aspects of the Program shall cease upon termination of this Agreement. The Client’s remaining obligations under this Agreement (e.g., non-compete clause which will be included) will survive this Agreement and continue indefinitely.
4. Client Obligations
4.1 Communication
The Client agrees to exchange information electronically. The Client is aware of the risks deriving from electronic communication; namely, messages may be lost, confidential information may be modified, stolen, or disclosed to third parties. The Company is not liable for the risks related to electronic communication of digitally formatted information if they have taken all reasonable precautions.
The Client agrees to contact the Company using email. Where deemed appropriate by the Company, the Client can also elect to contact the Company via Internet Video Call or Telephone, provided that the Client has a booked appointment with the Company.
Correspondence sent by:
- Email will, unless the contrary is proven, be deemed to be received on the day it was sent.
- Fax will be deemed to be served on receipt of an error-free transmission report.
- Post or courier will be deemed to be served two days following the date of posting.
4.2 Payment
In return for the provision of the Program, the Client agrees to pay the Company the Membership Fee. The Membership Fee will be paid via credit card (either in full or through automated recurring billing or direct debit as approved by the Company) within seven days of this Agreement being signed. The Membership Fee is outlined in the Quote provided by the Company to the Client. By providing their card details to the Company, the Client accepts the payment terms outlined in Clause 4.2. If the course is paid for outright within 30 days, the total cost will be discounted to the ‘Paid In Full’ amount quoted by your advisor.
Payment Options:
- Flexible Payment Plans:
We offer several payment plans designed to provide flexibility for our clients. Each payment plan outlines a specific schedule of payments, including the frequency and amount due. By opting for a payment plan, you agree to the following:
- Scheduled Payments: Payments will be automatically charged to your provided payment method on the agreed-upon dates. It is your responsibility to ensure that your payment method is valid and has sufficient funds to cover these payments.
- Failed Payments: If a scheduled payment is not successful due to insufficient funds, expired payment methods, or any other reason, you will be notified, and a retry will be attempted. If the issue is not resolved within 2 days, access to the program may be temporarily suspended until the outstanding balance is paid.
- Late Fees: A late fee of $50.00 AUD may be applied if a payment remains outstanding for more than 7 days. Continued non-payment may result in additional fees, suspension, and/or termination of your participation in the program, at our discretion.
- Full Payment Option:
Clients who choose to pay in full at the time of enrollment will make a one-time payment covering the entire cost of the program. This option is non-refundable, and the following terms apply:
- No Refunds: Once full payment has been made and access to the program has been granted, no refunds will be issued. Please review all program details carefully before opting for this payment method.
- No Cancellations: The cancellation policy applicable to payment plans does not apply to clients who choose to pay in full. By selecting this option, you acknowledge that you are committing to the full duration of the program and waive the right to cancel or receive a refund after access is granted.
It is your responsibility to ensure that the payment information provided is accurate, up-to-date, and has sufficient funds to cover the scheduled payments. You must notify us immediately of any changes to your payment information or if you anticipate any issues with making a payment.
You are required to notify us of any changes to your payment method, such as a new credit card number, updated billing address, or change in bank account details. Failure to update this information may result in failed payments and could impact your access to the program.
If a payment is not received and remains outstanding for more than 2 days, your access to the program may be suspended. Access will be restored once the outstanding balance is paid in full. Repeated payment failures may result in termination of your enrollment, and any outstanding balance will still be due.
If you believe there has been an error in billing or have a dispute regarding any charges, you must notify us in writing within 7 days of the date of the disputed charge. Please include your full name, the details of the charge in question, and any supporting documentation. We will review your dispute and make reasonable efforts to resolve the issue promptly. If the dispute is found to be valid, we will correct the billing error. If we determine the charge is accurate, you will be responsible for the full amount due.
We reserve the right to update or amend our payment terms and conditions at any time. Any changes will be communicated to you via email or through our website and will take effect on the date specified in the notice. Your continued use of the program after any such changes constitutes your acceptance of the updated terms.
We recommend that you review these payment terms periodically to stay informed of any changes. If you do not agree with the updated terms, you may cancel your participation in the program as per the cancellation policy applicable to your payment method.
5. Additional Services & Variations
Where the Client wishes the Company to vary the agreed-upon Program or requests additional Services, the Client must provide the Company with written notice, which must detail the request and all relevant details. The Client understands that the Company may not be able to facilitate this request within the parameters of the current Agreement. Should the Company agree to the request, the Company will issue the Client a new Quote. The new Quote must be agreed to and signed by both Parties before the Company commences any work. Unless the Company notifies the Client otherwise, the terms and conditions of this Agreement will also apply to any variations or additional Services.
The Company may vary this Agreement at any time by giving the Client 14 days’ written notice. The Company reserves the right to add, delete, and modify any of the terms and conditions contained in this Agreement at any time and at its sole discretion by posting a change notice or a new agreement on its Website. The Client will be required to indicate their acceptance of these terms. The Client’s express consent or continued use of the Website or the Services following the posting of a change notice or new Agreement on the Website will constitute binding acceptance of the changes.
6. Intellectual Property
For the purpose of this Membership Agreement, intellectual property means all intellectual property rights conferred by law with respect to the Materials provided to the Client by the Company including (without limitation):
- Patents, designs, formulas, plans, source codes, code base, programming codes, specifications, and any other documents or material.
- Copyright, trademark, trade business, company names, business names, websites, URLs, or email addresses.
- All other proprietary rights and all other intellectual property defined in Article 2 of the Convention establishing the World Intellectual Property Organisation (July 1967).
The Client’s Licence to Use the Website, Services, and Materials is subject to the following:
Ecom Warrior Academy owns and licenses all intellectual property and other rights, title, and interest in and to the Website, Services, and the Materials accessible on or through the Website and Services, except as expressly provided for in this Membership Agreement. For example, and without limitation, Ecom Warrior Academy owns trademarks, copyrights, and certain technology used in providing the Services and Materials. The Client will not acquire any right, title, or interest therein under this Membership Agreement or otherwise unless expressly provided for herein.
Ecom Warrior Academy grants the Client a non-exclusive, limited revocable license to access and use the Website and Services for their intended purposes, subject to the Client’s compliance with this Membership Agreement. This license does not include the right to collect or use information contained on the Website for purposes that Ecom Warrior Academy prohibits or to use the materials to compete with Ecom Warrior Academy. If you use the Website or the Services in a manner that exceeds the scope of this license or breaches any relevant agreement, your license shall terminate immediately.
The materials that have been provided to the Client are for the Client’s individual use only and a single-user license. The Client is not authorized to use any of the Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company.
7. Documents to this Agreement
The Client acknowledges and understands that this Agreement is to be interpreted within the context of the following documents (‘Documents’) in the following order of hierarchy:
- This Agreement.
- The details outlined in the quote.
- Any further agreement or mutually agreed alteration to a Document or part thereof in writing or verbally.
8. Confidentiality
The Parties must not reveal Confidential Information to any person except:
- With the written consent of the other Party.
- If legally obliged to do so by a court, commission, or tribunal.
- If the Confidential Information is provided to a legal, financial, or other professional advisor who is bound to keep the information confidential.
Confidential Information includes but is not limited to information about the following matters that are confidential to the Company, its subsidiaries, associates, and Clients:
- Any Client, affiliate, contractor, or employee.
- Client lists, Client requirements, performance reports, profitability figures or reports, margins on products, and other financial information in relation to the business or in relation to any Client which are or may be of commercial value to a competitor or a Client’s competitor.
- Information and data known, stored, or documented, materials in relation to or belonging to the Company, or its subsidiaries, associates, and Clients that is privileged, confidential, commercially sensitive, or not widely known.
- Any person who the Company employs or has been introduced to the Client by the Company including their names and addresses.
- The number, nature, price, or mix of products or services provided by or to the Company, or its subsidiaries.
- Marketing or business plans or strategies.
- Techniques, procedures, or methods devised by the Company or its subsidiaries that are required to be used in the operation of its business, including the training of its personnel.
- Trade secrets, specialized know-how, or practices in the industry or in any other industry in which the Company or its subsidiaries may from time to time engage in business.
The Parties must ensure their servants and agents observe the obligations set out in this Clause 8. Each Party must immediately notify the other if it believes that there has been unauthorized access to or disclosure of any Confidential Information. This confidentiality undertaking will continue to remain in force after this Agreement has ended.
The Client understands and agrees that it is receiving Confidential Information in confidence and will not publish, copy, or disclose any Confidential Information without prior written consent from Ecom Warrior Academy. The Client further agrees that it shall not attempt to reverse engineer, decompile, or try to ascertain the source code to Ecom Warrior Academy software or any other software supplied hereunder. The Client acknowledges that it will only use the Confidential Information to the extent necessary to promote its business and that it will use best efforts to prevent unauthorized disclosure of the Confidential Information to any third party.
The Client agrees that it will not make any derogatory statements, either oral or written, or otherwise disparage Ecom Warrior Academy, Ecom Warrior Academy’s products, employees, services, work, or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements.
The Client understands that it does not obtain or require any management or ownership rights to or in the Confidential Information. The Parties understand and agree that the Client’s dissemination of Confidential Information would significantly impact the company financially.
The Client agrees that all originals and any copies of the Confidential Information remain the property of Ecom Warrior Academy. Where the Client reproduces copyright and other proprietary notices, if any, it agrees to do so in the same form that they appear on all the materials provided by Ecom Warrior Academy, on all copies of the Confidential Information made by the Client. The Client agrees to return all originals and copies of all Confidential Information in its possession or control to Ecom Warrior Academy at Ecom Warrior Academy’s request.
9. Non-Compete and Restraint
The Client acknowledges and agrees that the nature of Ecom Warrior Academy’s confidential, proprietary, and trade secret information, to which it has and continues to have access, derives value from the fact that it is not generally known and used by others in the highly competitive, international industry in which Ecom Warrior Academy competes.
The Client further acknowledges and agrees that, even in complete good faith, it would be impossible for the Client to work in a similar capacity for a competitor of Ecom Warrior Academy without drawing upon and utilizing information gained pursuant to this Membership Agreement.
The Client acknowledges that it is in a position whereby it will establish personal contact and relationships with other Clients, employees, and persons in the habit of dealing with the Company, and that these relationships form part of the goodwill of the Company.
The Client will have access to material that outlines how the Company operates its business, which is of significant value.
The Company is relying upon the Client’s acknowledgments that it will not, without the prior written approval of the Company, undertake any appointment, position, or work that:
- Results in it competing with the Company;
- Assists directly or indirectly other individuals or entities in competing with the Company; or
- Otherwise adversely affects the Company.
10. Conduct Rules
The Client may only use the Website and Services to promote its business, as expressly permitted by Ecom Warrior Academy. The Client may not cause harm to the Website or Services. Specifically, but not by way of limitation, the Client must not:
- Interfere with the Website or Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
- Modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the Website or Services;
- Use a robot, spider, or other device or process to monitor the activity on or copy pages from the Website or Services, except in the operation or use of an internet “search engine,” hit counters, or similar technology;
- Collect electronic mail addresses or other information from third parties by using the Website or Services;
- Impersonate another person or entity;
- Engage in any activity that interferes with another user’s ability to use or enjoy the Website or Services;
- Assist or encourage any third party in engaging in any activity prohibited by this Membership Agreement;
- Co-brand the Website or Services;
- Frame the Website or Services; or
- Hyper-link to the Website or Services without the express prior written permission of an authorized representative of Ecom Warrior Academy.
Privacy Policy: By entering into this Membership Agreement, you agree to the collection, use, and disclosure of your personal information in accordance with the currently posted Privacy Policy on the Company’s website.
If the Client purchases any products or services on or through the Website or Service, it agrees that its use of the product or service is limited by this Membership Agreement as well.
Most areas of the Website are password restricted to registered users (“Password-Protected Areas”). If the Client has registered as an authorized user to gain access to these Password-Protected Areas, it agrees that it is entirely responsible for maintaining the confidentiality of its password, and it agrees to immediately notify Ecom Warrior Academy in writing if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. The Client agrees that it is entirely responsible for any and all activities that occur under its account, including any fees that may be incurred under its password-protected account, whether or not the Client is the individual who undertakes such activities. It agrees to immediately notify Ecom Warrior Academy of any unauthorized use of its account or any other breach of security in relation to its password or the Website that is known to it.
The Client must not use the Website or Services to engage in unethical marketing activities, including without limitation spamming. The following are examples of activities that are not permitted, and which may result in an immediate deactivation of the Client’s account or termination of the Client’s membership:
- Disguising the origin of any content transmitted to or through the Website or Services, or using any other means of deceptive addressing;
- Relaying email from a third party’s mail servers without the permission of that third party;
- Transmitting any material that is unlawful or used without adequate permission from the owner of the material;
- Harvesting email addresses in a manner that is unlawful or in violation of the rights of a third party;
- Sending email that contains inaccurate header information or domain names that are not valid or do not exist;
- Sending email that contains false or misleading information in the subject line or body of the message;
- Sending email that does not indicate that it is an advertisement, does not include a functioning opt-out mechanism, or does not include your valid physical mailing address; or
- Sending email that violates applicable law, including the applicable laws of the jurisdictions from which you send email or in which the email is received, or that violates the acceptable use policies of Ecom Warrior Academy’s email service provider.
The Client understands that Ecom Warrior Academy mandates terms of engagement with respect to the Website online community. Your conduct when using the Website and Services should be guided by common sense and basic etiquette.
To further these common goals, the Client agrees not to:
- Disparage the products or services of any company or individual.
- Impersonate or represent Ecom Warrior Academy, Ecom Warrior Academy staff, or other industry professionals.
- Link to or post content not allowed on the Website.
- Solicit a user’s password or other account information.
- Harvest user information for any purpose.
- Use racially or ethnically offensive language; discuss or incite illegal activity; use explicit or obscene language; or solicit or post sexually explicit images.
- Harass, threaten, or embarrass anyone.
- Post anything that you do not have the legal right to post; and
- Violate any law, or make any untrue or misleading statement.
When the Client submits questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications, or any other information (“Submissions”), it grants Ecom Warrior Academy an unrestricted license to use such Submissions for any purpose, including without limitation marketing and other promotional purposes and the right to sublicense. The Client agrees that Ecom Warrior Academy will have no obligation to keep any Submissions confidential. The Client will not bring a claim against Ecom Warrior Academy based on “moral rights” or the like arising from Ecom Warrior Academy’s use of a submission.
11. Reservation of Rights
Ecom Warrior Academy reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website and Service. If Ecom Warrior Academy determines, in its sole and absolute discretion, that the Client or another user has or will breach a term or condition of this Membership Agreement or that such transaction or communication is inappropriate, Ecom Warrior Academy may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
Ecom Warrior Academy may modify the Website or Services at any time with or without notice to the Client and will incur no liability for doing so. The Company warrants not to remove the Client’s access to the Materials.
12. Refunds
Subject to Clause 12(B) below, our fees (including the Membership Fee) are non-refundable, and we operate with a strict no-refund policy. Ecom Warrior Academy will not be subject to issuing refunds based on a change of mind or circumstance.
Refunds will not be issued unless you complete and provide evidence to our satisfaction of the following:
- The Client has tested 4 products/stores within the first 90 days and has not made any sales (test ad spend for each store: $150-300 USD to determine if the product is a winner).
- If not, repeat the following requirements for all stores:
- Validated product chosen – using all 3 validation methods;
- Correctly priced product according to training materials;
- Modern looking website launched using custom EWA theme template;
- Modern logo created;
- Set up ALL pages on store;
- Set up URL redirects;
- Install all recommended Apps;
- Set up Google Analytics and FB pixel;
- Create Facebook and Instagram page;
- Create PayPal account;
- Write and optimize product descriptions;
- Add reviews to website – 50 reviews minimum per store;
- Video ad created using the suggested video creator in the program;
- $150-300 USD ad spend for FB ad testing;
- Listed product on the Facebook Marketplace for a minimum of 7 days;
- All products MUST be validated by EWA staff.
All steps in clause 12(B) must be followed to our satisfaction for each store to be eligible for a refund. Facebook ad accounts must be kept open to show proof of ad spend, and comprehensive screenshots must be taken from each store to show proof of all action items completed.
For Payment Plan Participants:
- Cancellation Requests: You may cancel your enrollment in writing at any time. However, cancellations are subject to a cancellation fee as specified in your Payment Plan Agreement. The cancellation fee is calculated based on the remaining balance and the costs associated with terminating your access to the program.
- Refunds: Any refunds for payment plan participants will be processed according to the terms specified in the Payment Plan Agreement. Typically, no refunds will be issued for any services already rendered or for months where access was granted.
- Outstanding Payments: If you cancel while on a payment plan, any outstanding balance, including the cancellation fee, will be immediately due. Access to the program will be revoked upon receipt of your cancellation request, and no further services will be provided.
For Full Payment Participants:
- No Cancellation: Once full payment has been made, the program cannot be canceled, and no refunds will be provided. Please ensure you fully understand the program details before making a full payment.
- Program Transfers: In certain cases, and at our discretion, we may allow the transfer of your full payment to another program offered by us. Any such transfer must be requested in writing and is subject to availability and approval.
13. Payment
In return for the provision of the Services and Materials, the Client agrees to pay the Company:
- The Deposit Amount prior to us commencing any work (if applicable) as set out in the Quote;
- The Fees set out in the Quote; and
- Any Expenses.
Where it is practical to do so, the Company will endeavour to obtain the Client’s consent before incurring any Expenses. However, the Client’s liability is not contingent on the Company obtaining prior consent.
The Company will invoice the Client for the Fees and Expenses in accordance with the terms set out in the Quote. The Client must pay any invoice issued by the Company within seven (7) Business Days of receipt to the bank account nominated in the invoice.
All invoices issued by the Company will be inclusive of GST, unless otherwise indicated, but will not include any other taxes, duties, or charges imposed or levied in Australia or overseas in connection with the supply of the Services. The Company will be entitled to invoice the Client, and the Client agrees to indemnify the Company, should the Company become liable for any such taxes, duties, or charges.
If the Client fails to make a payment or has a payment declined as required under this Agreement, the Company may at its discretion:
- Suspend the provision of the Services until such time as the particular payment is made by the client in full (together with any interest); and
- Hold the Client liable for any reasonable costs incurred by the Company in recovering any unpaid amounts under this Agreement, including but not limited to any legal, bank, or collection agency fees.
14. Dispute and Resolution
Each party must appoint a person to be a Dispute Representative for the purposes of this Agreement. Each party must give written notice of any change to the other party. Dispute Representatives and each party’s chosen representatives have authority to resolve the Dispute.
Where there is a Dispute, either party’s Dispute Representative may deliver a Notice of Dispute to the other party’s Dispute Representative.
If either Dispute Representative gives the other a Notice of Dispute, the Dispute Representatives must meet at the time and place referred to in the Notice of Dispute.
At a First Dispute Meeting, both parties must use their best endeavours to:
- Resolve the whole of the Dispute, or as much of the Dispute as possible; and
- To the extent that the Dispute is not wholly resolved:
- Identify any relevant facts, documents, and parts of documents which are agreed;
- Identify relevant facts, documents, or issues with respect to which there is genuine disagreement; and
- Agree on an appropriate process by which to resolve the matters of disagreement.
If, within 10 Business Days of the First Dispute Meeting, the relevant Dispute has not been wholly resolved, either party’s Chief Executive Officer (or person holding an equivalent position) may deliver a Notice of Dispute to the other party’s Chief Executive Officer (or person holding an equivalent position).
If either Chief Executive Officer (or person holding an equivalent position) gives the other a Notice of Dispute, each party’s Chief Executive Officer (or person holding an equivalent position) must meet electronically at the time referred to in the Notice of Dispute.
At a Second Dispute Meeting, both parties must use their best endeavours to:
- Resolve the whole of the Dispute, or as much of the Dispute as possible; and
- To the extent that the Dispute is not wholly resolved:
- Identify any relevant facts, documents, and parts of documents which are agreed;
- Identify relevant facts, documents, or issues with respect to which there is genuine disagreement; and
- Agree on an appropriate process by which to resolve the matters of disagreement.
Communications between the parties during a First Dispute Meeting or a Second Dispute Meeting, whether oral or in writing, will not be admissible as evidence in any legal process unless agreed in writing and signed by both parties.
If, within 10 Business Days of a Second Dispute Meeting, the relevant Dispute has not been wholly resolved, the Dispute may be referred by either party for determination by an Expert.
Each Party may make a submission either orally or in writing to the Expert within 10 Business Days after that appointment.
In making a determination, the Expert must:
- Act as an Expert and not as an arbitrator;
- Consider any submission made to it on time by a party; and
- Provide the parties with a written statement of reasons for the determination.
The determination of the Expert is conclusive and binding on the parties. The costs of the Expert will be shared equally between the parties.
If the Expert fails to deliver a determination within 20 Business Days after the last day on which the parties are entitled to make submissions, either party may require the appointment of a further Expert to determine the Dispute.
Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this Agreement.
(a) Neither party may commence proceedings in court in relation to a Dispute unless:
- A Notice of Dispute has been delivered in relation to that Dispute, and the party commencing proceedings has complied with its obligations under Clause 14; or
- The only relief sought is urgent injunctive or urgent declaratory relief.
15. Waiver of Class Claims
The Client understands and agrees that, except where a Party seeks to obtain urgent interlocutory relief and except in respect of a claim for the recovery of moneys owed, all claims, disputes, or controversies between the Client and the Company, including, without limitation, tort, negligence, and the Terms & Conditions claims shall first be attempted to be resolved by way of the procedure set out in Clause 14 of this Agreement.
The Parties agree that all claims shall be brought solely in the party’s individual capacity, and not as a plaintiff or class member in any purported class, representative proceeding, or private attorney general capacity. The Parties further agree that the arbitrator shall not consolidate more than one person’s claims and shall not otherwise preside over any form of a representative or class proceeding.
16. Disclaimers and Exclusions
The program is developed for strictly educational purposes only. The Client accepts and agrees that the Client is entirely responsible for their progress and results from the program. The Client understands that because of the nature of the program, the results experienced by each client may significantly vary. The Client acknowledges that as with any business endeavour, there is an inherent risk of loss of capital, and there is no guarantee that the Client will reach their goals as a result of participation in the program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual.
Ecom Warrior Academy assumes no responsibility for errors or omissions that may appear in any program materials. The Company accepts no liability and makes no guarantee for any of the Client’s future financial performance.
Ecom Warrior Academy provides the website, services, and all content on an “as is” and “as available” basis. Ecom Warrior Academy does not represent or warrant that the website, services, or website content, or use thereof: (i) will be uninterrupted, (ii) will be free of inaccuracies or errors, (iii) will meet the Client’s requirements, or (iv) will operate in the configuration or with the hardware or software the Client uses.
To the maximum extent permitted by law, Ecom Warrior Academy excludes all liability and responsibility to the client laid out in the Terms & Conditions, tort (including negligence), or otherwise, for any loss (including without limitation loss of an indirect or consequential nature) or damage resulting, directly or indirectly, from any use of, or reliance on, the services or the website. Any reliance the Client places on, or any act done based on or in response to, the content of the program or the service will be at the Client’s own risk. The Client indemnifies and releases Ecom Warrior Academy against any claim for loss or damage of any kind suffered by any person as a result of the client’s use or reliance on the website or its contents.
Notwithstanding the above and notwithstanding any other provision in this agreement, Ecom Warrior Academy does not purport to restrict, modify, or exclude any liability that cannot be excluded under the Australian Consumer Law, the Competition and Consumer Act 2010 (Cth), or the Fair Trading Acts in each of the states and territories of Australia.
Where any condition, warranty, or right is implied by law, or there is a statutory consumer guarantee that cannot be excluded, Ecom Warrior Academy limits its liability for breach of, or other act contrary to, that implied condition, warranty, or right or statutory consumer guarantee, either as provided under section 64A of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or otherwise to the extent permitted by law.
Without limiting the foregoing, to the extent permitted by law, Ecom Warrior Academy limits its liability in respect of any claim to, at its option:
- (a) in the case of goods:
- (i) the replacement of the goods or the supply of equivalent goods;
- (ii) the repair of the goods;
- (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- (iv) the payment of having the goods repaired; and
- (b) in the case of services:
- (i) the supply of the services again; or
- (ii) the payment of the cost of having the services supplied again.
Ecom Warrior Academy does not give any representation or warranty that on completion of any training services the client will be able to generate revenue from the services acquired or that you will win any business or generate any sales.
The website may be accessed throughout Australia and overseas. Ecom Warrior Academy makes no representations that the content of the website complies with the laws (including intellectual property laws) of any country outside Australia.
The Company’s liability to the client for loss or damage of any kind arising out of these terms and conditions will be reduced or limited to the extent (if any) that the client directly or indirectly causes or contributes to any of the loss or damage.
The Client accepts sole responsibility for the legality of its actions under the laws that apply to it. The Client agrees that the company has no responsibility for the legality of the Client’s actions.
17. Indemnity
The Client indemnifies in entirety and holds Ecom Warrior Academy and its employees, representatives, agents, affiliates, directors, officers, managers, and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand, or action (“Claim”) brought against any of the Parties alleging that the Client has breached any provision in this Membership Agreement through any act or omission. If the Client has to indemnify Ecom Warrior Academy under this section, Ecom Warrior Academy will have the right to control the defense, settlement, and resolution of any Claim at the Client’s sole expense. The Client may not settle or otherwise resolve any Claim without the express written permission of Ecom Warrior Academy.
18. Notice
All notices required or permitted to be given under this Membership Agreement will be in writing and delivered to the other party by any of the following methods:
- Post,
- Overnight courier, or
- Electronic mail.
Correspondence sent by:
- Email will, unless the contrary is proven, be deemed to be received on the day it was sent.
- Fax will be deemed to be served on receipt of an error-free transmission report.
- Post or courier will be deemed to be served two days following the date of posting.
The Parties agree to respond to notice where prompted to do so within fourteen (14) calendar days.
The Client agrees not to contact the Company by phone or email excessively. The Client must not contact the Company outside of business hours, on weekends, or public holidays.
The Client agrees to the exchange of information electronically. The Client is aware of the risks deriving from electronic communication; namely, messages may be lost, confidential information may be modified, stolen, or disclosed to third parties.
The Company is not liable for the risks related to electronic communication of digitally formatted information if they have taken all reasonable precautions.
19. Miscellaneous
Ecom Warrior Academy respects the intellectual property of others and asks users to do the same. Ecom Warrior Academy may, in appropriate circumstances and at its discretion, terminate service to users who infringe the intellectual property rights of others. If the Client believes that its work has been copied in a way that constitutes copyright infringement, please contact Ecom Warrior Academy at [email protected].
This Membership Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of New South Wales, Australia, without reference to conflict of law principles.
This Agreement is not assignable or transferable by the Client without Ecom Warrior Academy’s prior written consent but may be assigned by Ecom Warrior Academy at its discretion and without the need to provide written notice to the Client.
This Agreement (including all of the policies and other Agreements described in this, which are hereby incorporated herein by this reference) contains the entire understanding of the parties regarding its subject matter.
No failure or delay by a party in exercising any right, power, or privilege under this Membership Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. Any rights not expressly granted herein are reserved.
The Parties are independent contractors and independent businesses. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Membership Agreement.
The parties agree that they have had the opportunity to obtain independent legal and financial advice in relation to the terms of this document. In the event that a party does not obtain such advice, the party confirms that this is because they understand fully the obligations imposed upon them under this document, and have chosen not to obtain that advice despite having had the opportunity to do so.
20. Age Restriction
Individuals under the age of 18 years old are not allowed to sign this Agreement and therefore cannot join Ecom Warrior Academy.
21. Refer a Friend Policy
The Refer a Friend Policy requires you to nominate a person of your choice to join Ecom Warrior Academy. The nominated person is to be submitted through our online form. The nominated person will be screened by Ecom Warrior Academy staff to determine if the nominee will be the right fit with the academy. If the nominated individual has been successful in their enrolment, the referring student will be incentivised AUD $500.00 once both the nominating and nominee accounts have been paid in full.
22. Communication Standards
The Client’s communication at all times must be made in a manner that is courteous and respectful. Further, no communication may be made by the Client to another person or entity (either verbally, in writing, or published on any media) which is in any way adverse, derogatory, disparaging, or negative in nature about Ecom Warrior Academy (including its director, employees, contractors, volunteers, agents, successors, and related body corporates).
23. Agreement Acceptance
By accepting these Terms & Conditions, you agree that you are above the age of 18.
I agree to purchase the above items as outlined to me by the Ecom Warrior Academy Checkout Page, including GST. I also acknowledge and agree that this Agreement is subject to the attached Terms and Conditions. I agree not to transfer, sell, supply to a third party, or assign any intellectual property that I receive as part of the Ecom Warrior Academy Program. I accept that my success with this program is entirely dependent upon my actions and that I am responsible for completing all tasks over the course of the Ecom Warrior Academy Program.