PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, scholarship applicants, collectively referred to herein as “visitors or users” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website or learnwhispering.com or related website affiliated with learnwhispering.com.”

DISCLAIMER FOR CONTENTS OF SITE

The website or services provided by this website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
The contents are not a substitute for independent legal, medical, financial or other advice. learnwhispering.com does not accept liability for any injury, loss or damage incurred by the use or reliance upon information provided on the website.
The user takes 100% full responsibility for being of a sound physical or mental health state. Learnwhispering.com takes no responsibility related to client physical or mental health issues incurred before during or after any services or product use. If the user is concerned about their health or mental wellbeing, it is the users full responsibility to visit a medical doctor, psychiatrist or counsellor prior to using any learnwhispering.com products, services or information, and again after.

DISCLAIMER FOR RESULTS

The website or services provided by this website disclaims any responsibility for the results gained from this website or services provided by this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information, products or services. The results of using these products, services or information will vary depending on your circumstances, time commitments, and overall application of these programs, materials, information, products or services. Anything that the visitor or user applies from this website or associated services and products, is done at the visitors and users own risk. Visitor or user assumes and agrees to 100% ownership of any outcome can pass zero responsibility and zero legal recourse with learnwhispering.com, its staff, admin or mentor or related websites affiliated with learnwhispering.com

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, scholarship applicants, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor or user has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, logos, pictures, flame photos, photos, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. This also includes reversed, slightly modified or distorted proprietary images of website content, logos, pictures, video samples and images. Visitor or user agrees to liquidated damages in the amount of USD$700,002.00 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

If permission is granted for content use by learnwhispering.com the original information that is granted to be shared INTACT in it’s ENTIRETY with FULL CREDIT given to the author Jason Hopkinson and/or learnwhispering.com, INCLUDING a link to the website https://learnwhispering.com or its associated website.

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow this lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

INDEMNIFICATION

Visitor agrees that in the event they causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.

SUBMISSIONS

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

PAYMENT IN USD (USA Dollars)

learnwhispering.com services are made in USD no matter where the user lives in the world, unless communicated to prior for those in New Zealand or Australia and is paid VIA DIRECT BANK DEPOSIT with the transfer receipt being emailed upon actioning.
When purchase using non-USD currency, the amount is automatically converted to USD using the exchange rate on the day and time of purchase set by the payment provider. Credit card payments converting to USD may incur a conversion fee depending on the users provider.
Six Monthly and Yearly subscriptions may be paid by direct transfer the set (USD) amount to an AUD account agreed via my FEX provider to give the user improved FEX rates and lower conversion fees. Otherwise standard PayPal fees and FEX rates will be incurred by the user.

GOODS AND SERVICES TAX, VAT, IMPORT DUTIES AND OTHER CHARGES
Australian customers maybe charged Goods and Services Tax (GST) this will be included in the price of services and products if purchased within this website. eBay, Etsy or other authorised sellers may differ in tax treatment. Australian GST is not charged to customers residing outside of Australia. Visitors and users are 100% responsible for sales taxes and duties incurred from purchases. Non-Australian taxes and duties are excluded from the final sales price on the learnwhispering.com websites.

SUBSCRIPTION PAYMENTS AND ‘AUTO-RENEW’

Some Subscription services renew automatically (auto-renew) at the completion of the chosen subscription billing period as indicated at the time of registration. This prevents disruption to running services, appointments may be cancelled and need to be rescheduled once payment is made. Lost appointments may not be available and wait list may apply.
If the user subscribes for a set period, eg: monthly, the subscription will auto-renew at the completion of that monthly period. This auto-renew billing cycle continues indefinitely unless the user signs-in to their payment provider (eg; PayPal or Stripe, credit card provider, bank, etc) and manually choose to cancel the auto-repeat subscription. LearnWhispering cannot cancel your subscription for you.
You will continue to have full access to the services, products, paid clubs / forums and paid content until your subscription expires (exception: see CLUB MEMBERSHIP, EMAIL LISTS and UNSUBSCRIBING below).
Any issues with cancelling with your provider contact us for assistance after you call your payment provider.

SUBSCRIPTION PAYMENTS AND NOT ‘AUTO-RENEWED’

For subscriptions that are not auto-renew when the subscription term ends membership or access may be denied until renewal has been paid.

CLUB MEMBERSHIP, EMAIL LISTS and UNSUBSCRIBING

Club memberships may automatically subscribe a user to a monthly (or less) email list. NOTE: un-subscribing from the Monthly Newsletter (12 or less a year) email list may remove a user from the Memberships at Learnwhispering.com. This may result in loss of paid booked sessions and content access. Unsubscribing from any other email list will not affect membership status.
If a user is subscribed to more than one email list they will need to unsubscribe from each email list. Both a webpage redirection and a “goodbye” email will be sent to warn a user of potential loss of membership, paid sessions and content access, and as a confirmation of such. It is the user’s full responsibility to contact admin if they unsubscribe and want to ensure they keep any membership, paid sessions and content access that was granted on payment.

DOWNLOADS AND ACCESS TO PAID FORUMS AND MENTORING

All sales are final and non- refundable. After purchase and checkout you will be given information about how to access what was paid for. Please instantly download and save files to a desktop or laptop computer if offered. Once saved these can be transferred to a smartphone or tablet. Please ensure that all files are downloaded and saved to your desktop computer or laptop within 7 days of purchase or 4 attempts.

PLEASE PROVIDE YOUR CORRECT EMAIL ADDRESS AS YOU PASS THROUGH THE CHECKOUT
Learnwhispering.com will email files to the exact email address supplied by the user as given at the checkout.
In the event that the download links or email of content is not received, please contact learnwhispering.com

ONLINE COURSES
Purchases of learnwhispering.com digital content, Online Courses are FINAL AND NON-REFUNDABLE.
The user needs to ensure that visitor or users broadband internet connection is sufficient for Skype, Google Meet, or streaming video prior to purchase. As a guide, if the user can view videos on YouTube then that should be sufficient. If you have any queries regarding visitor or user purchase, please make contact to clarify.

MENTORING SCHEDULING AND CANCELLATION
Mentoring can be scheduled once payment is made. Time slots are given on a first come first allocated basis. Advanced payments secure advanced timeslots. Cancellation within 48hours may result in loss of session without refund. Exceptional circumstances may warrant a reschedule at the discretion of learnwhispering.com.
For all coaching sessions. The user will need to have the contact number displayed on the website in their mobile phone. It is the users responsibility to have international calling enabled to call Australia, or by prearrangement and prepayment LearnWhispering can arrange that service with our phone provider and we call you at the designated time. Thus in the event of internet failure the Coaching session can continue on the phone.
Repeated cancellations or rescheduling will result in termination of services without a refund.
Priority response times are allocated to designated subscriptions for call-backs and “check-in calls”
Sessions are to start promptly at the designated time and end at the designated time. Lateness by the users is their loss. In the unlikely event your learnwhispering.com mentor is late that time will be made up at the users convenience at a suitable time by both parties.

REFUNDS
All sales are final and non- refundable.

EXISTING SUBSCRIBERS CANCELLATIONS AND REFUNDS
The user can cancel at any time. No refunds are offered for the time remaining in your subscription billing period. Subscriptions cancelled after the automatic renewals are not eligible for refunds or credits. Cancelling auto-renew is the customers responsibility with their financial service provider.

SCHOLARSHIP PAYMENTS AND ACTIVITIES:
Scholarship here being defined as the receiving of any product or service from this website or its mentors, trainers or tutors at less than stated full market value. Activities being defined as any activity conducted by any party who is non the owner who is contributing to creation, maintenance or promotion of this website and its products and services.
All site terms and condition contained in this page fully apply, in full and final with no recourse, to any input through a scholarship, gift or exchange programme. A discount code may apply to reduce the price to as low as $0.00 to signify the terms of sale are completed. Agreement maybe be made verbally, email or via mobile text message also applies as acceptance of these terms. Creation of a membership account of subscriber level, or above, also constitutes acceptance of all these terms.
All material shared and created under this section remain 100% copyright and property of this website owner. All material remains confidential and cannot be shared without prior permission by Learnwhispering.com.
Material shared to the scholarshipee (person receiving the scholarship) or person accepting these terms and conditions must return all work given and work-in-progress at request of website administration or website owner, all files and materials must be deleted or destroyed upon request regardless of location be that local, on memory devices or cloud storage. ‘Material’ is defined here as source files such as .png, .svg, .psd, MP3, .csl, video files, etc, and physical products, passwords, and other and items be they physical or non-physical in nature etc.
Any scholarship application fee is non-refundable unless at the discretion of the website administration or website owner. Acceptance of scholarship application is full and final.
Any activity and its outcomes or materials defined here are classified as educational scholarship activities, thus no claim of labour or expenses can be made.
Website administrator or owner can terminate a scholarship exchange at their discretion and all materials and activities in progress are to be returned. Any memberships may also be modified or cancelled at the website administrator’s discretion.
Passwords: Passwords are not to be changed under any circumstances. Passwords for files or roles above “subscriber” remain the property of the website Administrator. Acceptance of these terms means acceptance of a payable liability of a USD$1,000,000 if passwords are changed without website owner permission. Any role above subscriber will be asked to follow protocol, including 2 step authentication via an app like Google Authenticator as set by the website owner. Entry for roles above ‘subscriber’ on unsecured or public networks is fully prohibited and means acceptance of a payable liability of a USD$1,000,000 without the website owner’s prior permission.

TYPOGRAPHICAL ERRORS
In the event a learnwhispering.com product or service is listed at an incorrect price due to typographical error, learnwhispering.com shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. learnwhispering.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and visitor or user’s credit card charged. If visitor or user’s credit card has already been charged for the purchase and visitor or user order is cancelled, learnwhispering.com shall issue a credit to visitor or user credit card account in the amount of the incorrect price.

TESTIMONIALS DISCLAIMER
All customer reviews are provided by users of this site who are not affiliated with learnwhispering.com or related websites affiliated with learnwhispering.com. The views expressed in any messages posted by a user do not necessarily reflect those of learnwhispering.com. Some testimonials may claim above-average results, but learnwhispering.com does not promise that you will experience similar results.

SUBMITTED PERSONAL TESTIMONIALS
Any and all reviews and personal testimonials freely submitted by individuals relating to the services and / or products of learnwhispering.com once submitted by electronic, written or other means become the property of learnwhispering.com and can be used in an advisory capacity for advertising of learnwhispering.com at our discretion.

DISPUTES
As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product or services, including solicitation issues, privacy issues, and terms of use issues.

In no case shall the viewer, visitor, user, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, user, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE
If any matter concerning services or information use within and regarding learnwhispering.com shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, user, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city of the learnwhispering.com owner’s residential address unless otherwise specified by learnwhispering.com’s owner. In the event that litigation is in a federal court, the proper court shall be the closest federal court to LearnWhispering’s physical residential address.

APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state and city of the learnwhispering.com owner’s residential address unless otherwise specified by learnwhispering.com’s owner.

GENERAL CLAUSE
learnwhispering.com may suspend or block your account if you breach the Terms of Use or at the discretion of learnwhispering.com without reason.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of USD$700,002.00 plus costs and actual damages for violating this provision.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, downloads, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at his own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses, trojans, ransomware and worms.