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Terms & Conditions

Focus on Living – Terms and Conditions

YOUR USE OF THE FOCUS ON LIVING WEBSITE AND MEMBERSHIP OF FOL SCHOOL CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

The Focus on Living website (“website”), including all of its features and content and FOL School are services made available by Focus on Living, a division of Nunc Pty Ltd (“we” or “us” or “our”) and all content, information and software provided on and through them may only be used pursuant to theseTerms and Conditions.

Our Limited License to You

As a user of the website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the website and its content in accordance with these Terms and Conditions. We may terminate this license at any time for any reason.

If you purchase a membership to the FOL School from us then this will include all of its associated programs, products and materials (“Membership”). Duplicating, sharing, or uploading any files associated with the Membership to sharing sites on the internet or otherwise is unlawful and therefore strictly prohibited.We take legal action against anyone who does this.Please be honest. Don’t steal our Membership materials and don’t profit from selling them.

Focus on Living, the FOL School, the Membership and all of their associated programs, products and materials are protected by copyright, trademark, and other intellectual property laws. The Membership is provided solely for your personal, noncommercial use. You may not use the Membership or any of its associated programs, products and materials in any manner that infringes any of our rights or that has not been authorised in writing by us. In particular you must not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or media (including by email or other electronic means) the Membership or any associated programs, products or materials. You may, however, from time to time, download and/or print copies for your personal, noncommercial use.

You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this our website, FOL School or any of their contents. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our website, FOL School or any of their contents.

Privacy & Confidentiality

We respect your privacy and your confidential and proprietary information. We require that you also respect the privacy of other members of FOL School and our confidential and proprietary information. Therefore you agree:

▪           not to infringe any of our copyright, trademark, trade secret or other intellectual property rights.

▪           that our confidential information is confidential and proprietary and belongs exclusively to us.

▪           not to disclose any of our confidential information to any other person or to use it in any manner other than as authorised by us.

▪           that all programs, products, materials and information provided to you by us are our confidential and proprietary intellectual property, belong exclusively to us and may only be used by you as authorised by us.

▪           the reproduction, distribution and sale of any part of these programs, products, materials and information by anyone except us is strictly prohibited; and

▪           that if you breach, threaten to breach or in our reasonable opinion are likely to breach any of the agreements contained in this paragraph then we will be entitled to obtain injunctive relief from an appropriate court to stop or prevent that breach.

While you are free to discuss your personal experience and results from FOL School you must keep the experience, statements and comments of all other members strictly confidential.

Refund Policy

Our commitment to you is that by fully and properly participating in FOL School you will feel more empowered and in control of your health and where applicable your health treatment and outcomes. You will be more focused on living.

If after completing FOL School you do not believe that we have delivered on our commitment then subject to the conditions set out below we will upon receipt of your written request refund 100% of your Membership fee to you.

Those conditions are that you must first complete FOL School including that you must participate in all weekly conference calls and complete all requested assignments and work tasks. You must then submit copies of your completed worksheets to us within 7 days after the last FOL School module together with your written request for refund.

Why do have these conditions? Because we know that if you complete FOL School, participate and do the work then you will achieve what we have promised to you. If you do not then we simply don’t deserve your money.

Payment Plan

If you have selected our payment plan then your first payment will be taken today and your subsequent payments will be charged in accordance with your payment plan either to your nominated credit card or Paypal as selected by you.

Default Payments

As long as you make your payments when they are due, you will continue to have access to FOL School. However, if a payment that is due is not paid, your status will be changed to “default.” This means that you will continue to have access to the FOL School modules that you have paid for, but you will not get access to any future modules that are released. When we receive payment from you for your “default” payment, your status will revert and you will get access to all modules you missed while in “default”, and you will continue to get access to all future modules, bonuses, etc. that are released in the FOL School program.

Disclaimer

You acknowledge that the information contained in or made available through our website and FOL School (including but not limited to information contained in videos, message boards, comments, during teleconferences and webinars, in emails, in text files, or in chats) cannot be a substitute for the services of a trained health professional. In particular, you should regularly consult a health professional in all matters relating to your physical, mental and spiritual health. We make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through our website or FOL School. None of us, our partners, or any of our affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of our website and membership of FOL School you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

Technical

Linking to our website

You may provide links only to the homepage, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, including its advertisements, the Terms and Conditions, the copyright notice, or other notices, (b) you give us notice of such link by sending an email to us, and (c) you discontinue providing links to our website if requested by Us. If you wish to provide links to a section within our website, you should forward your request to us and you will be notified if permission is granted, and if so the terms and conditions of the permission.

License of Your Content to Us

By uploading content to or submitting any materials for use on our website, you grant (or warrant that the owner of such rights has expressly granted) to us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

No Solicitation

You shall not distribute on or through our website any content or material containing any advertising, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organisation without our written permission. Notwithstanding the foregoing, in any interactive areas of our website, where appropriate you a) may list along with your name, address and email address, your own website’s URL, and b) may recommend third party websites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended website, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from our website.

Advertisers

Our website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our website is accurate and complies with applicable laws. We will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

Registration

Certain sections of our website require you to register. If registration is requested, you agree to provide us with accurate and complete registration information. It is your responsibility to inform us of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. We do not permit a) anyone other than you to use the sections requiring registration by using your name or password, or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorised use. If you believe there has been unauthorised use, you must notify us immediately.

Postings

If you participate in interactive areas on our website, you must not post, publish, upload or distribute any messages, data, information, text, graphics, links or other material (“Postings”) which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, libellous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage any criminal activity, violate the rights of any party, or give rise to liability or violate any law. Your Postings must be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity. We have no obligation nor do we intend to edit, monitor or screen Postings and we are not responsible for the content in such Postings or any content linked to from such Postings. Notwithstanding the foregoing we reserve the right to examine from time to time, some, all, or no interactive areas for adherence to these Terms and Conditions and to remove any materials that may be objectionable or breach those Terms and Condition. Any interactive area of our website is provided solely for your personal use. As a participant, you shall not include in your Posting(s) or otherwise distribute on or through our website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organisation without our written permission. Any unauthorised use of any interactive area of our website or Postings is expressly prohibited.

Errors and Corrections

We do not represent or warrant that our website will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. We do not warrant or represent that the information available on or through our website will be correct, accurate, timely, or otherwise reliable. We may make improvements and/or changes to its features, functionality or any of its content at any time.

Third Party Content

Third party content may appear on our website or may be accessible via links from our website. We shall not be responsible for and we assume no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on our website. You understand that the information and opinions in the third party content is neither endorsed by nor does it necessarily reflect our views and opinions.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of these Terms and Conditions and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information.

Remedies

We reserve the right to seek all remedies available at law and in equity for any breach of these Terms and Conditions, including but not limited to the right to block access from a particular Internet address to our website.

Privacy Policy

Effective Date: January 2014

This following document sets forth the Privacy Policy for the Focus on Living website, www.focusonliving.com.au

Focus on Living is committed to providing you with the best possible customer service experience. Focus on Living is bound by the Privacy Act 1988 which sets out a number of principles concerning the privacy of individuals.

Collection of your personal information

There are many aspects of the site which can be viewed without providing personal information, however, for access to FOL School and other Focus on Living customer support features you are required to submit personally identifiable information. This may include but may not be limited to a unique username and password, or provide sensitive information in the recovery of your lost password.

Sharing of your personal information

We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. Focus on Living takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

Use of your personal information

For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are at this site.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.

Changes to this Privacy Policy

Focus on Living reserves the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use the site.

Accessing Your Personal Information

You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Focus on Living reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.

Contacting us

Focus on Living welcomes your comments regarding this Privacy Policy. If you have any questions about this Privacy Policy and would like further information, please contact us during usual business hours.

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