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Terms and Conditions for Courses

TERMS AND CONDITIONS

Updated 17 November 2021

Acceptance of Terms

These terms of service (‘Terms’) apply to all members and users of the hayzelmedia.com website (the ‘website’). Through our services we provide resources, which include coaching, mentoring and personalised content. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. By using our website and Services, you agree to be bound by these Terms, our Privacy Policy as well as any and all general Terms and Conditions or rules and guidelines which may be posted on our website from time to time.

 

Definitions

‘Lifetime Access’ means access to our website and services for the life and currency of the website

‘Services’ means access to online courses, including but not limited to social media, e-books, training, coaching and mentoring services and other information delivered via our website and may include personal one-on-one consulting and other services from time to time.

‘the website’, ‘our’ ‘we’, means the hayzelmedia.com site, T and A Abdul Jalil Pty. Ltd, its directors, employees and contractors

‘you’ means the member and user of our Services

 

  1. Agreement for Services

When you join to our website and use our Services, you acknowledge and agree to the following:

  • You will not share your access password or login details with any other person and you will keep your contact, payment and other information updated;
  • You are at least 18 years of age and able to form a binding contract;
  • You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details;
  • We, at all times, abide by the Australian Privacy legislation. Please refer to our full Privacy Policy on our website for details of how we collect, store and use your personal information
  • You will make payment for the Services on time and in accordance with the payment method you have chosen. If we do not receive payment for any instalment or payment is late, we have the right to suspend your access. If we do not receive payment for any instalment for a period of 6 months, we may terminate your, account and all Content that may relate to your account.
  • You will not transfer, sublicense or grant access for any of our Services to any other person, business or another third party except as agreed in these Terms.
  • We offer our Services to assist businesses and individuals but do not guarantee any customers, business, increase in traffic or otherwise;
  • Results of Services vary from individual to individual. For this reason, the performance, progress and success of any particular Services is reliant on the Client and individual to meet their own requirements. The Coach cannot and does not guarantee any particular or any results and the Client is solely responsible for their progress;
  • We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services contained on the website. In no event will we be liable for any loss or damage, including, without limitation, indirect consequential loss or damage arising out of or in connection with your use of this website, Services or reliance on the information contained on the website or our Services;
  • The Services are provided “AS-IS” and that T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the Service and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services;
  • All forum, public, private and Member communications must be directly related to the courses and Services. Any other communications, queries or discussions outside the scope of the Services will not be covered as part of the Services;
  • At the end of the Services, there is no obligation for hayzelmedia.com or any of its Members, directors or employees to respond, discuss, or otherwise be involved in any online, or other communication. Any communication is at the discretion of hayzelmedia.com;
  • We sell and advertise our Services with ‘Lifetime Access’ during the time of our control and within our ability. For the sake of clarity, Lifetime Access may be limited or terminated by events that may be out of our control including but not limited to administration or insolvency, illness, change of control, Acts of God, or other such events. We do not warrant or guarantee that the Lifetime Access will be uninterrupted or in perpetuity. We are not liable at any time for any loss or damages as a result of any termination, cancellation, or unavailability of the Lifetime Access, our website or Services for any reason including any such event which may be out of our control;
  • That the Services may include third-party advertisements or suggestions for which T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media may receive affiliate and advertising commissions; and
  • Through this website, you may be able to link to other websites which are not under our control. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
  • Should we ever decide to close the Membership – all Lifetime Access members will be given one year’s notice of closure before their access to courses expires. For smaller courses, three months’ notice will be given before access to the courses expires.
  1. Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted (“Content”), are your sole responsibility when you upload such Content.

This means that you, and not T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. Engage in anything that may be harmful to minors;
  3. Impersonate any person or entity, including, but not limited to, a T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party;
  7. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising or promotional materials;
  8. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
  10. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. Intentionally or unintentionally violate any applicable local, state, national law;
  12. “Stalk” or otherwise harass any person;
  13. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (l) above; and/or
  14. Use our website or Services for purposes that are not in the good faith or in the spirit of our website.

You acknowledge that T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media may or may not vet any Content, but that T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media and its designees shall have the right (but not the obligation) in its sole discretion to vet, refuse, or remove any Content at any time without notice.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, including without limitation information in message boards and in all other parts of the Service.

You acknowledge, consent, and agree that T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

(a) comply with legal process;
(b) enforce the Terms;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property, or personal safety of T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media, its directors, employees, associates, affiliates, users, or the public.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorised reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

  1. Links to Other Websites

We may from time to time provide on our website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between the hayzelmedia.com and the owners of those websites. We take no responsibility for any of the content found on the linked websites.

hayzelmedia.com website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard. Any consumer transactions, correspondence or related dealings are solely between you and the advertiser. We are in no way responsible for nor are we to be involved in any dispute.

 

  1. Copyright, Trademark and Restrictions of Us

All logos, product, and service names related to these Terms are trademarks of T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media (the “Hayzel Media Marks”). Without T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media’s prior permission, you agree not to display or use in any manner T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media Marks.

You may not share, copy or redistribute our Content or any materials that may be provided to you as part of our Services from time to time in any medium or format at any time. Our materials are for your individual personal use only and may not be used for commercial purposes. You are not permitted to make any derivative material, including but not limited to remixing, transforming or building upon the material in whole or any part thereof.

For any other use or distribution, you must have express written consent from T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media.

This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

We expressly reserve all copyright and trademark in all documents, information and materials on our website and provided by our Services and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the Contents in any form is prohibited.

You may not, except with our express written permission, distribute or commercially exploit the Content, nor may you transmit it or store it in any other website or other form of electronic retrieval system.

  1. Content Submitted by Members

Any Content you submit or make available for inclusion on publicly-accessible areas of the Service, you warrant you have the ownership right and title and agree to grant T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media the following worldwide, royalty-free, and non-exclusive license(s), as applicable:

  1. With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, and publicly display such Content on the Service or on social media outlets; and
  2. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly-accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

“Publicly accessible” areas of the Service are those areas of the website that are available to the general public.

  1. Indemnity

You agree to indemnify and hold T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media and its Affiliate Companies, and their officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Services, your connection to the Services, your violation of the Terms, or your violation of any rights of another.

You acknowledge and agree that you use the Services at your own risk. In engaging the Services and signing up as a Member, you agree you are liable for and agree to indemnify and hold the us harmless for and against any and all claims, liabilities, actions and expenses which may result either directly or indirectly from a breach of these Terms, misuse of the Services or in connection with any of the Services.

  1. Limitation of Liability

It is an essential pre-condition to you using our website and our Services that you agree and accept that T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media is not legally responsible for any loss or damage you might suffer, directly or indirectly related to your use of the Website and Services, including but not limited to consequential, special, direct or indirect loss, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes but is not limited to your use or reliance on any third-party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website or the Services provided meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

  1. General Practices Regarding Use and Storage

You acknowledge that T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media’s servers on your behalf in our sole discretion.

You agree that T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media has no responsibility or liability for the deletion, loss of, or failure to store any messages and other communications or other Content maintained or transmitted by the Service.

You acknowledge that T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media reserves the right to modify these general practices and limits from time to time without notice.

  1. Modifications To Service

T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service for any reason including but not limited to any loss of data, Content, files or otherwise.

  1. Cancellation, Refund and Termination

REFUND: We permit cancellation and offer a refund for up to 14 days after our course commences. You will receive a full refund provided we receive your request for cancellation or your Membership and request for refund during this 14 day period.

Unfortunately, we do not offer any refunds after this period has expired. We do, however, at all times abide by the Australian Consumer Law in relation to any guarantees for our Services.

WE MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME: We may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, non-payment of Membership fees or breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We are not required to provide any refund or part thereof to you for such termination of your Membership.

Termination of your account includes:

(a) Removal of access to all offerings within the Service;
(b) Deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof); and
(c) Barring of further use of the Service.

Further, you agree that T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media shall not be liable to you or any third party for any such termination of your account, loss of any Content or access to the Services

  1. Dealings with Advertisers

We may promote, recommend or suggest various advertisers, services or affiliates from time to time for your information, consideration and to facilitate or compliment our Services. We also receive affiliate or other commissions for promoting their products or services. You acknowledge and agree that any correspondence or business dealings with, or participation in promotions of, any advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser. We are not to be involved in any dispute, contract or issue you may have with them at any time.

You agree that you use the third party advertiser services at your own risk and T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media shall not be responsible or liable for any loss or damage incurred as a result of any such dealings you may have with any advertisers suggested or promoted on our website or found through our Services.

  1. Ownership of Intellectual Property

Materials may be provided to clients from time to time during and to enable the provision of the Services. All Materials are provided without warranties of any kind, both express and implied.

Any Content, materials, designs, analyses, processes, discussions and other intellectual property, both tangible and intangible which is provided or may be developed as a result of or during the Services is and will remain the property of T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media at all times.

No materials may be reproduced, copied, shared, in whole or part or used for any purpose other than the personal private use of the individual Member. At no time may it be reproduced and provided to third parties without the express written permission of T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media.

  1. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. The Service is provided on an ‘As Is’ and ‘As Available’ basis. T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media, their directors, employees, contractors and affiliates expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media makes no warranties that (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, secure, or error-free; (iii) any results that may be obtained from the use of the Services will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; and (v) any errors in the software will be corrected.
  3. Any material downloaded or otherwise obtained through the use of the Services is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that may result from the download of any such material.
  4. No advice or information, whether oral or written, obtained by you from T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media or through or from the Services shall create any warranty not expressly stated in these terms
  1. Modification of Website and Content

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content, Services or website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

While we endeavour to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.

  1. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.

  1. Notice

T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media may provide you with notices, including those regarding changes to the Terms, by email, regular mail or postings on the Service.

  1. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media respects the intellectual property of others, and we ask our users to do the same. T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be intentional or repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media the following information in a writing signed (either physically or digitally) by the owner of the copyright or other intellectual property interest or a person authorised to act on his or her behalf:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the site;
  3. Your address, telephone number, and email address;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
  5. A sworn statement by you, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may give the above notice to T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media:

By email: tanya@thehayzelmedia.com

  1. General Information

Entire Agreement

These Terms constitute the entire agreement between you and T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media and governs your use of the Service, superseding any prior agreements between you and T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media services, affiliate services, third-party content, or third-party software.

Jurisdiction

This agreement and this website are subject to the laws of New South Wales and Australia. If there is a dispute between you and hayzelmedia.com that results in litigation then you must submit to the jurisdiction of the courts of New South Wales.

Waiver and Severability of Terms.

The failure of T and A Abdul Jalil Pty. Ltd., trading as Hayzel Media to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

  1. Violations

Please report any violations of these Terms to tanya@thehayzelmedia.com.