THE HELPFUL ACADEMY ONLINE COURSE
TERMS AND CONDITIONS OF SALE

1. GENERAL

1.1 In these Terms:

     a) Agreement means a purchase of a Course, together with these Terms.

     b) Customer or You means the person, firm, company or entity buying the Course.

     c) Course means a training Course, template or calculator available for purchase on our website. 

     d) Seller, We or Us means Helpful Limited trading as The Helpful Academy and its successors and assigns.

     e) Terms means these Terms and Conditions of Sale.

     f) Lifetime Access refers to the lifetime of the program or lifetime of our business, whichever is longer. See clause 5.3 for more information.

2. PURCHASES

2.1 You can purchase Courses on www.thehelpfulacademy.com.

2.2 Each purchase order accepted by us will constitute a separate contract on the terms of this Agreement.  

2.3 Prices stated on our website include Goods and Services Tax.  We reserve the right to vary prices without notice.

3. PAYMENT

3.1 Payments you make via our website are processed by Stripe and its global affiliates (“Stripe”).

3.2 As you pay by credit card you agree to indemnify us against any default by your credit card company to make payment to us in full.  This includes where chargebacks are applied to your payment.

3.3 You indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which we may suffer or incur as a result of any failure by you to make due and punctual payment.

4. CANCELLATION AND REFUNDS

4.1 Subject to clause 4.2 you can cancel a purchase of a Course up to 7 days after the purchase and receive a full refund. Please contact us directly to cancel.

4.2 We do not give refunds for templates or calculators except as required by law.

5. ACCESS TO THE COURSE

5.1 A purchase entitles you to access a Course via our website.

5.2 There are no live elements included in our Courses so you can access them at any time.

5.3 Where a course is sold with "lifetime access" it refers to the lifetime of the program or the lifetime of The Helpful Academy. We reserve the right to retire programs which are outdated and believe no longer serve the consumer. A minimum of 30 days will be given, by email, if a course will be retired.

6. LICENCE AND INTELLECTUAL PROPERTY

6.1 We own all intellectual property rights in Courses and related material.

6.2 Your purchase entitles you to personal use of the Course purchased (unless otherwise stated).  You acknowledge that you may not share, copy or distribute the Course or related materials in any way to any other person.

6.3 We reserve the right to terminate your access to the Course at any time if we find that you have violated these Terms.

7. DISCLAIMERS AND LIABILITY

7.1 We do not give any guarantees in relation to the performance of your business as a result of completing or using a Course.

7.2 As you are acquiring the Course for business purposes, you acknowledge that the provisions of the Consumer Guarantees Act 1993 will not apply and are expressly excluded.

8. GENERAL

8.1 Events outside our control: If any cause beyond the reasonable control of the Seller including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or ingredients, embargo, accident, emergency, inclement weather, act of God or other contingency interferes with delivery by the Seller or with the performance by the Seller or any of its obligations under this Agreement then the Seller may at its sole discretion suspend its performance of any such obligation or cancel this Agreement and will not be liable to the Customer in any respect.

8.2 Severability: If any clause or provision of this Agreement is held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment will not affect the remaining provisions of this Agreement which will remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included.

8.3 Variation to Terms: We may vary or replace these Terms from time to time by publication on our website.  

8.4 Waiver: This Agreement remains in force notwithstanding any neglect, forbearance or delay in enforcement.  We may only waive a term or condition in writing, and such waiver will only apply to the particular transaction to which it refers.

8.5 Privacy Policy: Any personal information collected by us in connection with this Agreement will only be used or disclosed for the purposes of ensuring performance of this Agreement and any future like arrangement or arrangements. This may include disclosure within our organisation and to other parties involved in delivery of a Course. We agree to comply with relevant privacy laws in respect of any personal information collected in connection with the delivery of the Course and any future like arrangement or arrangements. Because we use Stripe to process payments, you consent to and understand that your personal information may be sent to Stripe, and may be transferred, processed and stored outside of New Zealand.

8.6 Electronic Communications: You consent to receive commercial electronic messages from us.  If you wish to opt out of receiving these messages tell us in writing and we will remove you from the mailing list.

8.7 Governing law and jurisdiction: This Agreement is governed by and construed in accordance with the laws of New Zealand in English, and each of the parties submits to the non-exclusive jurisdiction of the courts of New Zealand.

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