TERMS & CONDITIONS

1.1 As used in these Terms of Service, “we”, “us”, “our”, “Company” and “Clarke Media” means Clarke Media Limited, and “you” or “customer” means the person using our Products or Services.

2.1 The information provided in our Services is for general information purposes only. While we endeavour to keep the information contained on our Services current and correct, we make no representations or warranties of any kind (express or implied) about the completeness, accuracy, reliability, suitability, or availability with respect to the Services or as supplied to you, for any purpose. Any reliance you place on such information is therefore done at your own risk. We suggest and encourage you to make your own enquiries to determine if the information or products are appropriate for your intended use.

2.2 In no event will we be held liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from any loss arising out of, or in connection with, the use of the Services or your interaction with us.

3.1 By signing up for the Services you are agreeing to be bound by the following terms and conditions (Terms of Service), including our Privacy Policy. If you do not agree with the Terms of Service, you may not use the Services described below.

3.2 In consideration for payment of Clarke Media Limited (Clarke Media)’s fees (Fees), Clarke Media agrees to provide the Products (Products) and Services (Services) to the Customer on these Terms of Service.

4.1 The Products and Services offered by Clarke Media Masterclass are:

(a) Masterclass Services:

(i) Access to Masterclass series course content and materials for 2 years;

(ii) Around 200 video course materials;

(iii) 24/7 on demand access platform;

(iv) Access of all devices.

(b) Masterclass Package:

(i) Same as Masterclass Services;

(ii) Access to dedicated property advisors on call;

(iii) Invitations to 20 X live online interactive workshops;

(iv) Access to MyPropTech platform.

4.2 You will have access to the Services for a period of 24 months from the date you sign up to the Services (Subscription Period).

5.1 In order to gain access to the Services you will need to pay by a one-off payment (Prepaid Subscription)

5.2 Prepaid Subscription: You can elect to pay for the Services by a one-off payment of $1,995.00 NZD.

5.3 Payment can be made by credit card or debit card, via the App or [website]. Credit card / debit card payments are made through a third-party supplier (Stripe, Inc, www.stripe.com.), who charges a small percentage of each payment as a transaction fee. By paying by credit card / debit card, you agree to Stripe’s privacy policy and terms and conditions.

5.4 If payment falls due on a public holiday, payment may be debited from your account the next business day.

5.5 All payment queries can be made to [email protected].

6.1 If you wish to terminate the Services before the end of Subscription Period, you must provide four week’s notice to us, in writing to terminate the Services (Cancellation Notice). Termination will be effective four weeks after the date of the Cancellation Notice (Termination Date).

6.2 Termination of Prepaid Subscription: If you terminate the Services before the end of the Subscription period by way of Cancellation Notice, and you have a Prepaid Subscription you will not be entitled to a refund, except in the following circumstances:

(a) Permanent sickness or physical incapacity: Your disability must prevent you from using the Services.

(b) In case of death, your estate must provide written evidence.

6.3 in the event that either clause 6.2(a) or 6.2(b) applies, we agree to provide you with a refund of any unused portion of a Prepaid Subscription.

8.1 The Services will be provided through a third-party platform. By accepting our terms you agree that you will also comply with their terms and conditions https://lightspeedvt.com/.

9.1 We cannot guarantee that our Services will be error-free or that you will always have uninterrupted access. Access to the Services may be interrupted or restricted for updates, maintenance, repairs or for matters that arise that are beyond our reasonable control.

We warrant that:

(a) We will perform and provide the Services to a reasonable standard of care and skill;

(b) We will perform the Services in accordance with the relevant laws.

11.1 You agree to hold the Company harmless, and to defend and indemnify us against any claims you make or third parties that are related to loss of profit, loss of business, saving, general special and consequential damages, costs or expenses including legal fees, arising from your use of our Site and services; including but not limited to: breach of these terms or your inability to fulfil a transaction. For clarity, your indemnity covers all losses, damages, or expenses (including legal costs) that we may suffer or incur.

12.1 For the purposes of this the Terms of Services, Intellectual Property means all rights, including copyright, patents, designs, trademarks, trade names, goodwill rights, trade secrets, confidential information and any other intellectual property or proprietary right in or relating to the Services.

12.2 All Intellectual Property supplied or created under these Terms of Services will be owned by the Company, unless the Company has agreed in writing that the Customer will own the Intellectual Property, in which case ownership of the Intellectual Property will pass to the Customer once the Customer has paid for the Intellectual Property and any other agreed sums, provided the Customer is not otherwise in breach of this Agreement.

12.3 The Company reserves the right to use the Intellectual Property for promotional purposes such as in portfolios, in case studies, on social media, and on the Company’s website.

12.4 If the Company owns the Intellectual Property, the Company grants to the Customer a perpetual and transferable licence to use the Products or Services, and to use the Intellectual Property for that purpose (if required) (Licence).

12.5 The Customer acknowledges that the Company may use its own know how, copyright, patents, designs, technical data, trade secrets and other intellectual property (Company’s IP) to create the Product, Services and IP. The Customer agrees that the Company’s IP shall remain owned by the Company and the Company agrees to grant a non-exclusive license to the Customer to use the Company’s IP to the extent necessary for it to use the Intellectual Property for its intended purpose.

13.1 Our Services may contain links to third party websites that are not under our control. We do not endorse and are not reasonable in any way for any information, content or material that is available on third party website. 

14.1 Where any dispute arises between the parties concerning these terms or the circumstances, representations, or conduct giving rise to agreement under these terms, no party may commence any court or arbitration proceedings relating to the dispute unless that party has complied with the procedures set out in this clause.

14.2 The party initiating the dispute (the first party) must provide written notice of the dispute to the other party (the other party) and nominate in that notice the first party’s representative for the negotiations. The other party must within seven days of receipt of the notice give written notice to the first party, naming its representative for the negotiations. Each representative nominated shall have authority to settle or resolve the dispute.

14.3 If the parties are unable to resolve the dispute by discussion and negotiation within 14 days of receipt of the written notice from the first party, then the parties must immediately refer the dispute to mediation.

14.4 The mediation must be conducted in terms of the LEADR New Zealand Inc Standard Mediation agreement. The mediation must be conducted by a mediator at a fee agreed by the parties. Failing agreement between the parties, the mediator shall be selected and his or her fee determined by the Chair for the time being of LEADR New Zealand Inc.

15.1 If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or equipment, embargo, accident, emergency, act of God (Force Majeure Event) interfere with our performance of any of our obligations under these Terms and Conditions then we may at our sole discretion suspend our performance of any such obligation or cancel any contract for the purchase of Services and we will not be liable to you in any respect.

16.1 If any clause or provision of these Terms and Conditions will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement. The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.

17.1 You consent to receive commercial electronic messages from Us. If you wish to opt out of receiving these messages tell us in writing and we will remove you from the mailing list.

18.1 Each party must keep confidential during the term and after termination of this Agreement the existence and terms of this Agreement and all information of a confidential or sensitive nature supplied by the other party to this Agreement except to the extent that disclosure is required by law or where such information is or becomes available in the public domain without breach by a party of its confidentiality obligations under this Agreement. A party may disclose such information to its legal and other advisers, bankers and other persons who are subject to an obligation of confidentiality.

19.1 We reserve our right to update and amend these terms from time to time. 

20.1 Notice must be provided to the company in writing to [email protected]. 

21.1 There Terms of Service, your use of the Services and any information contained on it, any dispute arising out of such use of our Services are subject to the