Terms of Service
Welcome to Tower of Power! The website located and publicly accessible at www.towerofpower.com.au and all of its subdomains (the “Website”) are administrated and operated by Tower of Power Ltd, with issued ACN 132 529 214 and ABN 27 132 529 214, incorporated under the laws of Queensland, Australia (referred herein as “Tower of Power” or the “Company”). It is the mission of Tower of Power to provide elite content to its users and members base for them to develop their business and social life and strive for their goals. All media available on the Website is owned and exclusive property of Tower of Power, its shareholders, directors and/or licensors. All users, visitors and members shall be bound by this Terms of Service document (the “Agreement”). Use and access to the Website shall be pursuant of the rights and obligations resulting of the terms and conditions set herein. Notwithstanding what may be determined in its Sections, this Agreement does not confer you any other right than the access to the material herein. NO PROPRIETARY RIGHTS ARE CONFERRED BY THIS AGREEMENT WHATSOEVER.
Whenever third party features are used or opted for on the Website, you state to understand that such third-party services are subject to different terms and conditions than those established in this Agreement. Be advised to revise any applicable obligations, as Tower of Power does not endorse such Services or assume any liability of damages for such third-party providers.
Tower of Power allows users to use, access, and follow any of the content available on the Website, including coaching material, self-improvement material, courses and articles, and other content which may become available, pursuant to user compliance with the terms and conditions of this Agreement. Users may, from time to time and subject to availability, also participate in the coaching activities and bootcamps, provided that users does nor breach the terms and conditions of this Agreement, and that Tower of Power, pursuant to what may be stated herein, suspends or permanently bans a user’s Account.
To be eligible to access and register an account the Website you must:
- Be at least 13 years of age.
- State true and verifiable information when registering for an account on the Website.
- Represent to update the information you state at the time of registration, to keep all your data updated.
- Represent that you have the legal authority to consent and to be bound by this Agreement.
- Comply with the terms and conditions of this Agreement.
- Comply with Section 6 (Acceptable Use section) of this Agreement.
- Warrant to Tower of Power that your use and access of the Website and its content, and your interaction on the Website is compatible with any regulations and laws which apply to you in your local jurisdiction.
To open an account on the Website you must at all times meet the eligibility criteria of the previous Section. At the time of registration, you will be prompted to choose a password to access and create your account on the Website. You are the sole party responsible to safeguard your password as well as the device you access your account with. All activity of your account is construed as your own activity. In case of losing your data to log into the Website, or in the event that the account has been in some way compromised, you should immediately inform Tower of Power of the event. ACCOUNT SHARING STRICTLY FORBIDDEN.
Tower of Power shall retain the sole right to suspend or cancel your account in the event you breach this Agreement, or if Tower of Power in good faith has reasons to believe that you are engaging in illegal activities. In the latter event, Tower of Power may inform the authorities of such suspected activities.
Depending on the type of Service requested by a user, payments may be a one-time fee or recurring periodic payments. You authorize Tower of Power to charge the reported method of payment whenever a billing cycle is opted for. You waive the right to require access every time Tower of Power charges your reported method of payment.
All prices and transactions shall occur in Australian Dollars. At times your payment method processor or controller may apply additional fees at a exchange rate which is not controlled by Tower of Power. We strongly advise all users to request from their issuing payment method controller information about what exchange rate is going to be used for these transactions, to consider other options.
Payments on the Website are processed by a third party chosen by Tower of Power. The Company may from time to time request a different payment method pursuant to new financial strategies.
5. Non-Commercial Use
The Tower of Power Website is made available to all users regardless of their geographic locations for THEIR PERSONAL USE ONLY, and users are hereby strictly prohibited to use the Website, the content, the ratings system, polls or comment sections for any commercial activity or interest they may have, except those activities which may be expressly authorized by Tower of Power in writing.
6. Acceptable Use
The Website and all the services available there on are provided and accessible to all users pursuant to your compliance with the rights and obligations resulting from the terms and conditions determined herein. Notwithstanding what may be determined in other sections of this Agreement, the following actions or conduct enacted by users or visitors may result in account suspension or permanent ban from the Website and the services:
I. Upload content which breaches these terms or are in any other way intended to harm or damage or breach third party rights;
II. Impersonate another user or any other person or an organization or institution which the user does not have any representation or authorization of;
III. Lie or otherwise fail to transparently disclose true and verifiable information at the time of registration, engagement of services, or any other time any information is requested of the user;
IV. Curse, insult, offend or bully any of the employees or members of the Website;
V. Upload any media which is not property of the user or to which the user does not hold a license to, or otherwise breaches third party copyright or intellectual property rights;
VI. Breach the terms and conditions of this Agreement;
VII. Attempt to or aid in harmful activities on the Webite, such as data extraction, data mining, data harvest, scrapping, or other such activities;
VIII. Frame the Website;
IX. Mirror the Website;
X. Attempt to make copies of, reproduce or otherwise clone the Website, its contents, databases, trademarks and any other parts of it, unless authorized in writing by us;
XI. Download parts of the Website, its platform, databases or any media available thereon, except as allowed by the Website
XII. Try to upload or in other way infest the server with virus, spyware, malware or any other harmful software;
XIII. Try to access the Website through a backdoor, creating one, or attempt to access as anything different than a regular user;
XIV. Place links to third-party websites without proper written authorization by the Company for commercial or other similar purposes;
XV. Aid or assist a third-party in any of the aforementioned actions.
7. Monitoring User Activity
We shall be fully entitled and have the undisputed right, but not the obligation, to monitor all content of the Website including but not limited to any and all content created or uploaded by users, such as messages, comments, posts or other related sections of the Website, such as blogs and/or forums whenever applicable. The monitoring activities are an attempt of the Company to keep users abiding to these terms. Regardless of this fact, users are, as stated in this Agreement, solely responsible to comply with their own local jurisdictional laws and regulations. If you become aware of an infringement of another user, either of this Agreement or of local regulation, please kindly inform us by reporting it through our contact form.
8. Force Majeure
Tower of Power and its affiliates, shareholders, directors, officers, agents, employees and representatives shall not be liable for any losses or damages, and shall be excused from any delay or failure in performance under these terms, or service provision, which have been caused due to any reason or circumstance, including, but not limited to, any labor dispute or disturbances, governmental order or requirements, acts of God, casualties due to natural phenomena, disaster, wars and other civil disturbances, act of terrorism, strikes, fire, failure of equipment and/or software, interruptions in telecommunication, internet and network services downtime, general serve failures, and other circumstances beyond our control including the failure of its hired third parties to perform. The aforementioned extents to there not being liability of any party participating in these terms which may entail delays or non-performances and errors, which were derived of factors beyond any of the parties reasonable control, such as power failures, internet downtime, network failures, digital commodity unavailability, system failures, and others, provided that all proceedings of the involved parties be made in good faith and procuring avoidance of any negative effects onto the involved parties.
9. Section Headings
Section headings in this Agreement are for convenience only and they shall and are not meant to govern the meaning or interpretation of any provision of these terms, or be construed as introductions, descriptions or as legal content of the Sections itself, even when they seem to do so.
These terms, and all the rights and licenses granted by Tower of Power hereunder, are not to be transferred by any users onto, or in favor of any third parties, unless previous written authorization and consent has been extended by Tower of Power. Users acknowledge and agree that Tower of Power may transfer and assign these terms to any affiliates or subsidiaries, or to any eventual successors, without having to notify users in advance.
All our displayed marks, trademarks, images, logos and other registered material, are bound by registration and are the exclusive intellectual and patrimonial property of us and our licensees and/or affiliates. You have no permission to reuse or to benefit of this intellectual property or any other copyrighted material of the Website, unless granted permission by us in writing.
12. Copyright Related Requests
We are very respectful of copyright laws and your rights of any material which may be wrongfully displayed on the Website or any user website. Therefore, pursuant to the directives of international copyright covenants, notifications of claimed copyright infringement are to be sent by means of our contact form which you can find here: https://www.towerofpower.com.au/contact
All claims sent to us as a result to copyright infringement must at all times, commit and comply with the following:
I. Correctly and specifically identify any material founded such copyright claim, including at least the URL of the link or a map leading to where such infringing material is to be found.
II. You must also provide your company affiliation (whenever applicable), any mailing addresses, telephone numbers, and, if available, email addresses.
III. Please kindly also include both of the following statements LITERALLY in the body of your claim: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” And “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
IV. Please also provide us with your full legal name and your electronic or physical signature.
In case any of the foregoing is missing on your claim, we may not be able to process it, so please make sure you send it out correctly. We will try to react to any claims as soon as possible.
YOU ARE HEREBY ADVISED THAT ALL WRONGFUL OR UNFOUNDED COPYRIGHT CLAIMS SHALL BE SUBJECT TO THE COMPANY SEEKING RELIEF FROM THE INDIVIDUAL OR COMPANY THAT FILES SUCH CLAIMS, AND THAT THEY SHALL RESPOND TO THE COMPANY ECONOMICALLY FOR ANY COSTS, INCLUDING BUT NOT LIMITED TO REASONABLE PROCESSING AND LEGAL FEES DERIVED OF SUCH CLAIMS.
Subject to your compliance with the terms and conditions of this Agreement Tower of Power hereby grants you a limited, non-refundable, non-transferrable, revocable and personal license to access the Website and its content for personal and non-commercial enjoyment only. This license to you shall not imply or incorporate the transfer of any rights or copyright onto you or your assigns. This section also incorporates any services granted by us which imply the remitting of content or media, which shall at all times remain proprietary of Tower of Power.
14. Intellectual Property
All users agree and acknowledge that all content portrayed, displayed and performed on the Website, including, but not limited to, trademarks, software, texts, images, videos, audio, photographs and the combination of the aforementioned, shall be construed as the exclusive property of Tower of Power and its partners, licensors and affiliates, or, whenever applicable, of Tower of Power’s licensors.
15. Governing Law
This Agreement shall be governed by the laws, acts and regulations of the Commonwealth of Australia and in the event of any conflicts arising of the terms and conditions determined herein may be interpreted by the courts, tribunals and other jurisdictional authorities of Queensland, Australia.
16. Translated Versions
In case you are reading this Agreement in a language different to its original language (English), the English version shall govern over any translated versions, should there be any discrepancies or differences of interpretation.
17. Limitation Of Liability
THE SERVICE, AND ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. TOWER OF POWER EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS AND DISCLAIMERS POSSIBLY DO NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE SERVICE IS COMPLETELY AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE TO YOU FOR ANY AMOUNT THAT IS MORE THAN TWO HUNDRED AUSTRALIAN DOLLARS (AU$200.00). SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
NO WARRANTIES OR GUARANTEE IS EXTENDED TO USERS RELATED TO THE EFFECTIVITY OR THE RESULTS OF THE PAYMENT, THE COURSES, BOOTCAMPS OR COACHING SESSIONS. USERS FURTHERMORE AGREE AND UNDERSTAND THAT RESULTS VARY FROM USER TO USER, DEPENDING ON FACTORS WHICH ARE NOT UNDER THE CONTROL OF TOWER OF POWER. REFUNDS SHALL BE MADE AT THE SOLE DISCRETION OF TOWER OF POWER.
THE SERVICES AVAILABLE TO USERS ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND TOWER OF POWER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY MAKES NO GUARANTEE, WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, REGARDING THE TIMELINESS, SUITABILITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES WILL REMAIN SOLELY WITH YOU, THE USER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
If any provision of the Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions.
20. Complete Agreement and Modifications
The terms of the Agreement supersedes all prior understandings and negotiations regarding the subject thereof and represents the complete agreement between you and Tower of Power. These terms do no create or confer any third-party beneficiary rights. Tower of Power may, at any given time, change, amend or modify the Agreement at our sole discretion. If we make changes to the Agreement, we will provide notice of such changes, such as by sending a notification, posting a notice on the services, or updating the “Last updated” date below. Your continued use of the services will confirm your acceptance of the revised Agreement. We encourage you to frequently review the Agreement to ensure you understand the terms and conditions that apply to your use of the services. If you do not agree to the amended Agreement, you must stop using the services and discontinue your access to the Website owned and/or published by Tower of Power.
Last updated: 24 August 2018.