DIGITAL PRODUCT TERMS & CONDITIONS

Effective date: 1 January 2021

 

This Agreement (“Agreement”) is made effective by and between The Virtual Practitioner (the “Company”), and purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing a digital product from Company’s online shop (the “Product”). Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.

1. Digital Product Usage 

After purchasing the digital product, Client will be given access to the product materials in within [48 hours] through a download/login delivered in his/her email. Client will have lifetime access to the materials so long as the product(s) is/are available. 

Company hereby grants to Client one (1) exclusive, non-sublicensable, non-transferable, license to use the Product. Client understands and agrees that the Product materials may not be shared with any third party. In the event Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate Client’s access to the Product.


Rules for Done-for-you Resource, Templates, Coaching Programs & Marketing Content
White label products may be branded with the Client's own logo and business specifics, and may be gifted or sold as a PDF to a client/patient of the Client's health, wellness or fitness business. The Client is not permitted to share, sell or gift the original templates or files to other businesses. 

Client may use the Product for his/her own personal use and business use and may modify the language as he/she sees fit. Client is not obligated to tag or give credit to Company for the copy in the Product he/she uses, posts, or shares. 

Please note that you can use your content almost anywhere that you normally publish and sell content, including editing it and adding your name or brand.
However you can NOT give anyone the Private Label Rights (PLR), Resell Rights, or Master Resell Rights. In other words, you can NOT give other people the ability to edit or alter the content. The exception is any worksheets or forms that your clients need to use to complete activities.


To be clear, here is what you CAN do with The Virtual Practitioner content:
[YES] Teach the content to as many people as you want (as a paid product, bonus, or lead generator)
[YES] Publish the content in your paid membership site
[YES] Use the content as a bonus to a paid product
[YES] Use the content as lead magnet giveaways for building your list of prospects
[YES] Include the content in ebooks and reports (sold with personal rights only)
[YES] Use the content in an autoresponder series or ecourse
[YES] Use the content as the script or visuals for a podcast, video, live, workshop, presentation, or webinar
[YES] Use the content to create tools and training for your team and affiliates
[YES] Edit the content however you wish
[YES] Put your name and brand on the content
[YES] Put your own name, logo, and/or website on the infographics/resources
[YES} Edit the text and/or add your own images
[YES] Use the content to publish blog posts, articles, tweets, infographics, promo videos, and quote images freely on the web 

Here is what you CAN NOT do:
[NO] You can NOT sell, give away, or pass on the Private Label Rights, resell, or master resell rights to the content
[NO] You can NOT sell, give away, or pass on the editable files to anyone. The exception is any worksheets that your readers or customers need to be able to edit.
[NO] You can NOT add the content to White Label, PLR, Resell Rights, or Master Resell Rights membership sites or stores
[NO] You can NOT add the content to free Internet Marketing membership sites, forums, or social media pages/groups
[NO] You can NOT add the content to article directories without substantial rewriting
[NO] You can NOT use my name (Hayley Stathis or Kylie Russell) or the name The Virtual Practitioner on the content
[NO] You can NOT freely publish the entire content on the web without asking for at least an email address, except as noted above (blog posts, social media, graphics, promo videos)
[NO] You can NOT share the content with other consultants, practitioners, coaches, trainers, or marketers. This is a single-person license. If others are interested in editing and sharing it, you can refer them to our site via your own affiliate link and earn commissions.
[NO] You can NOT offer any type of competing service or product that uses any of our content.

You can customise your new content any way that you wish, including editing, cutting up and combining with other content.
If you want to submit any articles to article directories, you need to rewrite them. It is against the rules of most article directories to submit copied material anyway.
After editing any content, including website links and branding, you should convert it to PDF or other non-editable format to protect the value of your content. There are free PDF converters available online. If you are using Powerpoint or Keynote or Canva, you can simply save the documents as the file type “PDF”.

2. Fees & Payment Processing 

In consideration for access to the Product provided by Company, Client agrees to compensate Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.

3. Refund Policy 

Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by Client in connection with the Product will be allowed under any circumstances.

4. Personal Information

By purchasing the Product, Client will be asked to provide personal information including his/her name, email address, mailing and billing address. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.

The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.

5. Copyright
Upon delivery of the digital product to Client, Company hereby transfers and assigns to Client all copyrights regarding the Product.

6. Warranties and Liability 

Company makes every effort to ensure that the Product is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Client agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client’s breach of these terms and conditions. Company shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages. 

7. Force Majeure

If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.

8. Guarantees 

Company does not make any guarantees as to the results, including financial or other personal gains, of Client’s use of the Product. Client agrees to take responsibility for Client’s own results with regard to using the Product.

9. Release & Reasonable Expectations 

Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Client. Client understands and agrees that: 

â–Ş Every client and final result using the Product is different;

â–Ş The Product is intended for a mass audience.

10. Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
 
 11. Venue and Jurisdiction
The laws of the State of New South Wales, Australia, shall govern this contract, and any resulting arbitration shall take place within New South Wales, Australia. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary. 

12. Mediation and Arbitration 

Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the state of New South Wales. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in New South Wales, Australia, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

13. Transfer 

This agreement cannot be transferred or assigned to any third party without written consent of both parties.
 
14. Severability
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.

 

Contact Us

If you have any questions, concerns or complaints about the Terms & Conditions, please contact us: