Terms of Use

Terms of Use 2018-04-23T23:53:36+00:00

Terms Of Use Agreement + Refund and Return Policy

For the use of Nick Psaila.com and UPologyBook.com and it’s PRODUCTS, OR SERVICES.

1. Subject of the Agreement
This TERMS OF USE agreement for the use of NICK PSAILA AND UPOLOGY, AND/OR IT’S PRODUCTS, OR SERVICES (this “Agreement”) is entered into between NICK PSAILA INTERNATIONAL PTY LTD (the “Company”), and the end-user (“You”). The Agreement is made effective beginning on the date on which you first purchase or use the NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES. By downloading, installing, loading or otherwise using the NICK PSAILA OR UPOLOGY, PRODUCTS, OR SERVICES you agree to all terms and conditions of this Agreement or in the accompanying documentation. You should read this Agreement carefully before downloading, installing, loading or otherwise using NICK PSAILA OR UPOLOGY, PRODUCTS, OR SERVICES. If you do not agree with the terms and conditions set forth in this Agreement, you are not authorized to use NICK PSAILA OR UPOLOGY, PRODUCTS, OR SERVICES. IF YOU USENICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES, the terms and conditions of the Agreement are fully accepted by you.

2. Grant of Right to Limited Use
Subject to your agreement to, and full compliance with, the terms and provisions of this Agreement, NICK PSAILA OR UPOLOGY hereby grants you the a limited, personal, non-transferable and non-exclusive right during the Term, as defined below, to use NICK PSAILA OR UPOLOGY, PRODUCTS, OR SERVICES in accordance with the instructions provided on the web-site, or on the packaging of NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES. This Agreement will terminate immediately if you attempt to circumvent the copyright protection measures for NICK PSAILA OR UPOLOGY, PRODUCTS, OR SERVICES.

3. Intellectual Property Rights
NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES and all copyrights, trademarks, and all other intellectual property rights related thereto are owned by NICK PSAILA INTERNATIONAL PTY LTD and are protected by international copyright law and other applicable law. You shall have no ownership or intellectual property rights in or to NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES, including, without limitation, all copyrights related thereto.

4. Reservation of Rights
NICK PSAILA INTERNATIONAL PTY LTD expressly reserves all rights not granted in this Agreement. You are not receiving any right or account hereunder to copy, distribute, publicly perform, display or make any other use of NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES, or any element thereof, or the trademarks of NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES or any other trademark of NICK PSAILA INTERNATIONAL PTY LTD or any other company.

5. System Use Restrictions
Any use of NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES not expressly permitted in Section 2 above is expressly prohibited and any such unauthorized use shall constitute a material breach of this Agreement. This prohibition includes (but is not limited to):– to copy, reproduce, manufacture or distribute (free of charge or otherwise) NICK PSAILA OR UPOLOGY PRODUCTS OR SERVICES, in whole or in part, in any media; – to transfer, sell, subaccount or lease any rights in and toNICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES to third parties; – to use NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES contrary to morality or applicable law; – to modify NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES or create any derived work; – decompile, reverse engineer or disassemble NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES. You shall not alter or remove any legal notices, such as trademark and copyright notices, affixed by NICK PSAILA INTERNATIONAL PTY LTD on or within NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES.

6. Term and Termination
The term of this Agreement and the permission herein begin on the date on which you first download, install, load or otherwise use NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES and shall expire, without notice to you or any other notice, if and when NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES is removed from the market. Company may revoke or terminate this Agreement at any time, for any reason or no reason, at its sole discretion. You may terminate this Agreement upon written notice to Company. Notwithstanding anything to the contrary herein this Agreement and the permissions granted to you herein shall immediately terminate, without the requirement of any notice from NICK PSAILA INTERNATIONAL PTY LTD to you, upon your failure to comply with or breach of any term or provision of this Agreement. Upon the termination or expiration of this Agreement, any and all of your rights hereunder shall terminate without prejudice to any rights or claims, and you shall have no right to use NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES in any manner. You shall immediately destroy all copies of NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES in your possession, custody or control, and all rights granted hereunder shall revert, without notice, to and be vested in NICK PSAILA INTERNATIONAL PTY LTD . Termination or expiration of this Agreement shall not create any liability against NICK PSAILA INTERNATIONAL PTY LTD and shall not relieve you from any liability which arises prior to termination or expiration.

7. Returns, Cancellations, and Chargebacks
Under the terms of this Agreement, you may return any product or cancel your Basic membership service and receive a full refund within 1 week of your purchase by submitting a return/refund request to support@nickpsaila.com. (You will not have to talk to anyone.) You agree that there will be no refunds for the purchase of coaching services rendered by presenters at any event unless an agreement is made between the presenter and the end user (YOU) in a separate contract. You agree to provide us with your name, credit card number, date of purchase, and amount of the purchase to enable us to process your return/refund request promptly. You agree to NOT file a chargeback with your credit card issuer until after you have submitted your return/refund request and have given the Company 14 days to process your return/refund request. You understand that submitting a return/refund request does not guarantee that you will receive a refund. The Company will dispute any chargebacks that do not comply with this policy. If you do not agree with the terms and conditions set forth in this provision of this Agreement, you are not authorized to use NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES. BY USING NICK PSAILA OR UPOLOGY’s PRODUCTS, OR SERVICES, the terms and conditions of this provision of this Agreement are fully accepted and satisfactory to you.

8. Exclusion and Limitation of Liability
Under the terms of this Agreement, NICK PSAILA INTERNATIONAL PTY LTD liability is hereby excluded and limited to the largest extent legally possible. NICK PSAILA INTERNATIONAL PTY LTD INDEMNIFICATION DISCLAIMER. IN NO EVENT SHALL NICK PSAILA INTERNATIONAL PTY LTD BE LIABLE FOR ANY DAMAGES, BE THEY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF LIMITLESS ONLINE HOLDINGS PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Disclaimer of Warranties
NICK PSAILA INTERNATIONAL PTY LTD provides NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES to you “as is” and without warranty of any kind, express, statutory, implied, or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. NICK PSAILA PTY LTD does not warrant that NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES or the operation thereof will be free of error or that NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES will meet special requirements of you. No oral or written information or advice given to you by NICK PSAILA INTERNATIONAL PTY LTD and/or any NICK PSAILA INTERNATIONAL PTY LTD employee, representative or distributor will create a warranty for NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES, and you may not rely on any such information or advice.

10. Earnings Disclaimer
You understand and agree that there are important risk factors that should be considered by you when deciding whether to purchase from NICK PSAILA OR UPOLOGY. You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of NICK PSAILA OR UPOLOGY PRODUCTS OR SERVICES, and that we have not authorized any such projection, promise, or representation by others. Any earnings or income statements, or any earnings or income examples, are only estimates of what we believe you could earn. There is no assurance you will do as well as stated in any examples or testimonials. NICK PSAILA OR UPOLOGY PRODUCTS OR SERVICES, MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY MATERIALS ON THE WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of legal advice.

11. Support
Unless specifically promised under a separate service agreement, NICK PSAILA INTERNATIONAL PTY LTD will not provide any support for NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES. Please do not call or send email to NICK PSAILA INTERNATIONAL PTY LTD regarding NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES, as NICK PSAILA INTERNATIONAL PTY LTD will not be able to respond or answer these inquiries.

12. Warranties and Indemnification
You warrant and represent that: a) You have full legal right and authority to enter into and become bound by the terms of this Agreement; b) You have full legal right and authority to exercise the rights granted herein and to comply with your obligations hereunder; c) You will comply, at all times during the Term, with all applicable laws. You hereby agrees to indemnify, defend, and hold harmless NICK PSAILA INTERNATIONAL PTY LTD and/or their successors, assigns, officers, directors, employees, agents, and representatives from and against all damages, claims, losses, causes of action and lawsuits arising from and/or relating to a breach of this Agreement by yourself.

13. Breach of the Agreement
In the event of a breach of this Agreement by NICK PSAILA INTERNATIONAL PTY LTD , your sole remedy shall be to terminate this Agreement by delivering written notice of termination to NICK PSAILA INTERNATIONAL PTY LTD . In the event of a breach by you of this Agreement, Nick Psaila INTERNATIONAL PTY LTD may pursue all remedies to which NICK PSAILA INTERNATIONAL PTY LTD is entitled under applicable law and/or this Agreement. You agree that your unauthorized use of NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES, or any part thereof, may immediately and irreparably damage NICK PSAILA INTERNATIONAL PTY LTD such that NICK PSAILA INTERNATIONAL PTY LTD could not be adequately compensated by a monetary award, and in such event, and at NICK PSAILA INTERNATIONAL PTY LTD option, NICK PSAILA INTERNATIONAL PTY LTD shall be entitled to an injunctive order, in addition to all other remedies available including a monetary award, to prohibit such unauthorized use, without the necessity of NICK PSAILA INTERNATIONAL PTY LTD posting bond or other security.

14. Copyright Protection
NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES use access control and copy protection technology. An online connection is required to authenticate NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES and verify your account. NICK PSAILA OR UPOLOGY OR SERVICES may install additional components required for proper functionality of the copyright protection. NICK PSAILA INTERNATIONAL PTY LTD reserves the right to periodically validate Your Account through subsequent online authentication. If your Account is not valid, you may not be able to use NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES. The first end user of this Account can install and authenticate NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES on a single machine. If you disable or otherwise tamper with the copyright protection measures NICK PSAILA OR UPOLOGY PRODUCTS OR SERVICES will not function properly.

15. Consent To Use Of Personal Data
TO FACILITATE THE COPYRIGHT PROTECTION MEASURES, THE PROVISION OF UPDATES, ANY DYNAMICALLY SERVED CONTENT, PRODUCT SUPPORT AND OTHER SERVICES TO YOU, INCLUDING ONLINE USE, YOU AGREE THAT NICK PSAILA INTERNATIONAL PTY LTD AND IT’S AFFILIATES MAY COLLECT, USE, STORE AND TRANSMIT TECHNICAL AND RELATED INFORMATION THAT IDENTIFIES YOUR COMPUTER (INCLUDING AN INTERNET PROTOCOL ADDRESS AND HARDWARE IDENTIFICATION), OPERATING SYSTEM AND APPLICATION SOFTWARE AND PERIPHERAL HARDWARE. NICK PSAILA INTERNATIONAL PTY LTD AND ITS AFFILIATES MAY ALSO USE THIS INFORMATION IN THE AGGREGATE, IN A FORM WHICH DOES NOT PERSONALLY IDENTIFY YOU, TO IMPROVE OUR PRODUCTS AND SERVICES AND WE MAY SHARE ANONYMOUS AGGREGATE DATA WITH OUR THIRD PARTY SERVICE PROVIDERS.

16. General Provisions
This Agreement constitutes the entire understanding between you and NICK PSAILA INTERNATIONAL PTY LTD regarding the subject matter hereof. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between NICK PSAIL AINTERNATIONAL PTY LTD and yourself. Neither party hereto shall have any right to obligate or bind the other party in any manner whatsoever. Nothing herein contained shall give, or is intended to give, any rights of any kind to any third persons. NICK PSAILA INTERNATIONAL PTY LTD may at any time revise and alter the version of NICK PSAILA OR UPOLOGY PRODUCTS, OR SERVICES. This Agreement supersedes all eventual prior agreements and understanding to the subject matter hereof. Any modifications of and supplements to this Agreement must be made in writing. This provision applies also if the prerequisite of writing is ceded. If any provision of this Agreement shall be found to be invalid or unenforceable for legal or factual reasons the invalidity or unenforceability of such provisions shall not affect the other provisions of this Agreement and all provisions of this Agreement not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic and legal objective of the Agreement. This applies as well in case of an omission or invalidity of the whole Agreement. This Agreement shall bind and inure to the benefit of NICK PSAILA INTERNATIONAL PTY LTD , its successors and assigns, and NICK PSAILA INTERNATIONAL PTY LTD may assign its rights hereunder, in NICK PSAILA INTERNATIONAL PTY LTD sole discretion. This Agreement is personal to you, and you shall not subaccount, assign, transfer, convey nor franchise its rights granted hereunder.

17. Notices
All notices, reports, requests, approvals and other communications required or permitted under this Agreement must be in writing. They will be deemed given when (a) delivered personally, (b) sent by confirmed facsimile, (c) sent by commercial or overnight courier with written verification of receipt, or (d) sent by registered or certified mail, return receipt requested, postage prepaid. All communications must be sent to the receiving party’s initial address for notice given on the signature page of this Agreement or to such other address that the receiving party may have provided for purposes of notice by notice as provided in this section.

18. Complete Agreement, Amendments
This Agreement constitutes the entire understanding between the parties of the subject matter covered by this Agreement. No modification or amendment of this Agreement shall be effective unless in writing and signed by duly authorized representatives of both parties.

19. Speaker line-up changes
All reasonable measures will be taken to ensure the published line up do in fact present their said sessions at any events. Upon publishing the line up all said individuals and organizations have been confirmed in writing. NICK PSAILA INTERNATIONAL PTY LTD does However accept no liability should any of the speakers or panelists become unavailable. The lineup is therefore subject to change.

20. Governing Law
Place of performance of this Agreement is under AUSTRALIAN law. If the You is defendant Nick Psaila international PTY LTD might, if admissible, determine as court of jurisdiction the court where the You is resident or the court competent for the corporate domicile of NICK PSAILA INTERNATIONAL PTY LTD , which currently is under AUSTRALIAN law. If NICK PSAILA INTERNATIONAL PTY LTD is the defendant the parties expressively agree on the exclusive jurisdiction of AUSTRALIAN courts. This Agreement on jurisdiction applies to all claims, be they based on contract, on tort or on any other legal basis, arising under or in connection with this agreement. The provisions of this Agreement shall survive cancellation, expiration or termination of this Agreement.

21. Tax
All businesses registered to a AUSTRALIAN address will have a 10% Goods and Services Tax added to the total price ONLY on purchases made in Australian territories. ALL online PURCHASES made INTERNATIONALY will be calculated in US Dollars.

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If you need help with anything at all here are some ways to reach us. Call us at (02) 8095 0060. Our office hours are Monday through Friday from 9-5, AST. You can also email us at info@upcoach.com.au.

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