PURCHASE AGREEMENT
WHEN YOU PURCHASE FROM THIS WEBSITE, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
Dear Valued Customer,
This is truly a great product and we’re sure you’ll be happy that you got it. In fact, we guarantee your satisfaction with our 60 day no-hassle, no-questions-asked, 100% refund policy as described on our website.
The complete agreement that follows is designed by lawyers so is a little long. It lays out our rights and duties and your rights and duties as well as various disclaimers and limitations of liability. You are encouraged to read the following Purchase Agreement .
You can be assured that whatever claims and promises are made in plain English in the promotional materials or on our website – we honor them and we guarantee them with our no-questions-asked, full 60 day refund policy.
Congratulations on your choice. We wish you every success!
Sincerely,
Sharda Baker
License Grant
"You" means the person or company who is being licensed to use the Information and audios where included. "We," "us" and "our" means Vinayak Enterprises Pty Ltd.
We hereby grant you a non exclusive license to use one copy of the ebook, ebooklets and any audios included in the package, on any single computer, provided the materials are in use on only one computer at any time. The materials is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer-for example, a hard disk, CD-ROM or other storage device.
If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server) and one person uses that computer more than 80% of the time, then that person may also use the Ebooks, ebooklets and audios on a portable or home computer.
Title
We remain the owner of all right, title and interest in the Ebook, ebooklets and any audios.
Archival or Backup Copies
You may copy and print the ebook, ebooklets and copy any audios included for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the downloadable material does not exceed that allowed in the "License Grant" section above.
Things You May Not Do
The Ebook, ebooklets and audios are protected by United States copyright laws and international treaties. You must treat the Ebook, ebooklets and audios like any other copyrighted material-for example, a book. You may not:
Make more than one copy of the Ebook, ebooklets and audios without written permission,
Copy the Ebook, ebooklets and audios except to make archival or backup copies as provided above,
Modify or adapt the Ebook, ebooklets and audios or merge it into another program,
Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Ebook, ebooklets and audio.
Place the Ebook, ebooklets and audios onto a server so that it is accessible via a public network such as the Internet, or
Sublicense, rent, lease or lend any portion of the Ebook, ebooklets and audios.
Transfers
You may transfer all your rights to use the Ebook, ebooklets and audios to another person or legal entity provided you transfer this Agreement, the Ebook, ebooklets and audios, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer.
Limited Warranty
We warrant that for a period of 60 days after delivery of this copy of the Ebook, ebooklets and audios to you:
The Ebook, ebooklets and audios will perform in substantial accordance with the Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limited Remedy
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:
Return the price you paid, or
Repair or replace the Ebook, ebooklets and audios that does not meet the foregoing warranty if it is returned to us with a copy of your receipt.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE EBOOKS EBOOKLETS AND AUDIOS EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Term and Termination
This license agreement takes effect upon your use of the Ebook, ebooklets and audios and remains effective until terminated. You may terminate it at any time by destroying all copies of the Ebook, ebooklets and audios in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Ebook, ebooklets and audios in your possession.
Confidentiality
The Ebook, ebooklets and audios contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
Disputes
This license agreement shall be governed by, construed and enforced in accordance with the laws of the State of Victoria, Australia, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate Vinayak Enterprises Pty Ltd and/or its affiliates' intellectual property rights, Vinayak Enterprises Pty Ltd and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Victoria, Australia and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Melbourne, Victoria. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Melbourne, Victoria. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
General Provisions