Terms of Use

IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING THESE BUILDING BOOM COURSES & TRAINING MODULES INCLUDING ANY DOCUMENTATION, AUDIO AND/OR VISUAL PRESENTATIONS, METHOD AND MATERIALS ASSOCIATED WITH BUILDING BOOM OR BUILDING BOOM’S PARENT COMPANY DIGITAL DOMINATION PTY LTD. BY ACCESSING OR USING THE COURSES, YOU ACKNOWLEDGE THAT:

● YOU HAVE READ THIS AGREEMENT,

● YOU UNDERSTAND IT, AND

● THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.

This Agreement (“Agreement”) is a legal contract between Digital Domination Pty Ltd trading as Building Boom located in Perth, Western Australia (“BUILDING BOOM”), and the Student (“YOU”)

WHEREAS, BUILDING BOOM is engaged in this business of marketing and client coaching services; and WHEREAS, YOU desire to engage BUILDING BOOM to provide YOU with Business, Facebook Ads and/or Digital Marketing Training (“Training”) to YOU in the form of Documents, Audio and/or Visual Presentations; NOW, THEREFORE, the Parties agree as follows:

SECTION 1: Training Fee(s)

1.1. Training: Under the terms of this Agreement, BUILDING BOOM agrees to provide Training to YOU in the form of Documents, Webinars, Audio and/or Visual Presentations, in exchange for a Training Fee(s). Access to Training will occur automatically, and Training Fee(s) will be determined according to paragraph 1.2. below. Your access to such Training(s) is made conditional on payment of such Training Fee(s).

1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Training Fee(s).

1.1.3. Termination: BUILDING BOOM may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.

1.2. Training Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay BUILDING BOOM the relevant fees to the Training YOU have subscribed to.

1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of the Training offered by BUILDING BOOM, YOU affirmatively agree and acknowledge that BUILDING BOOM may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience using such Training, including any specific results experienced by YOU as a result of using such Training. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Training.

1.4. No Refunds: BUILDING BOOM abides by a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by BUILDING BOOM. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of such Training, YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund.

SECTION 2: NO WARRANTIES

2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that BUILDING BOOM provides business Training only and guarantees no specific results. YOU take full responsibility for YOUR own success.

2.2. Limited Liability: In no event will BUILDING BOOM be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if BUILDING BOOM has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

SECTION 3: Confidentiality

3.1. Confidentiality: Only authorized users, who have duly obtained access to any Training offered by BUILDING BOOM by personally agreeing to the terms of this Agreement are permitted use and participate with such Training. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Training for any purpose other than exercising rights expressly granted to you by this Agreement.

3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Training are the sole Intellectual Property of BUILDING BOOM under International copyright law, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and BUILDING BOOM, BUILDING BOOM and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements of the Training, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Training, or any other intellectual property rights of BUILDING BOOM whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that BUILDING BOOM uses in connection with services rendered by BUILDING BOOM are marks owned by BUILDING BOOM. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

SECTION 4: Miscellaneous

4.1. Non transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.

4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold BUILDING BOOM, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.

4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and BUILDING BOOM concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with BUILDING BOOM relating to the Program, whether oral or written.

4.4. Amendment: BUILDING BOOM reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement on their website.

4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of Western Australia and Australia. If there is a dispute that results in litigation, then you must submit to the jurisdiction of the courts of Western Australia. Any hearing will take place in the Magistrates Court, Perth, Western Australia.

BY PURCHASING, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.