Terms and Conditions
Welcome to setupsidekick.com!
By accessing setupsidekick.com we assume you accept the terms and conditions laid out on this page. If you don’t agree to all of the terms and conditions outlined on this page please exit the website.
Terms and Conditions of Use for Setup Sidekick.
Last Updated on 2nd March 2023.
NOTICE: These Terms and Conditions of Use are legally binding and it is your responsibility to read them carefully before purchasing, using, or accessing any of our products, including online courses and digital products.
GENERAL PROVISIONS
This website is owned and operated by Lisa Oosthuizen, trading as Setup Sidekick, a South African company. Our principal place of business is located at Thrush Avenue, Boskruin, Johannesburg, South Africa.
Use of this website is at your own risk. We host Our site on a reputable platform and make a reasonable effort to maintain and update the site. However, we make no explicit representations or warranties as to the safety of your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
TERMS OF SITE & COURSE ACCESS AND PRODUCT PURCHASER AGREEMENT
All programs, products, and services are owned and provided by Lisa Oosthuizen, trading as Setup Sidekick, (“Company” or “We” or “Us” or “Our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offer”). These Terms and Conditions of Use govern and define how you are allowed to use and access the Company’s Offer. We reserve the right to update and change these Terms and Conditions of Use at any time and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms and Conditions of Use whether or not you have read them. If you do not agree with any of Our Terms and Conditions of Use, please email us at hello@setupsidekick.com and we will make reasonable efforts to remove your name, email, and access to Our Offer and website(s).
YOUR PRODUCT OR COURSE USE AND CONSENT
When you purchased Our Offer, you were given reasonable notice that these Terms and Conditions of Use existed. By moving forward with your purchase of the Offer and further access to the Offer, you implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
DIGITAL PRODUCT TAX
You agree to the addition of necessary taxes to your order if you are located in a region that requires tax to be charged on Digital Products. The tax will automatically be calculated and added to your order.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Lisa Oosthuizen, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using Our intellectual property immediately.
You may use Our intellectual property with clear credit back to Our site, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, you may never claim any of Our intellectual property as your own or your unique creation, even with attribution.
ONLINE COURSE INTELLECTUAL PROPERTY
LIMITED LICENSE
Any and all materials, paid or free, that you access on this or any related domains that contain Our Offer are under the sole ownership or licensed use of Lisa Oosthuizen.
To be clear, we own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials, or related communications.
You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offer you have paid for or opted to receive. If you exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, you have infringed in a manner that materially harms Us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole.
You may:
- Access the Offer for your personal use (if additional members of your team need to access the Offer, you must purchase additional Offers for each team member).
- Download and/or print any Offer materials for your personal use in your business (if additional members of your team need to download and/or print any materials from the Offer, you must purchase additional Offers for each team member).
You may not:
- Re-sell or trade your access to the Offer.
- Share the Offer with anyone else who has not yet purchased it or opted in to receive it.
- Reprint or republish any of the Offer, in part or as a whole.
- Distribute any of the materials contained in the Offer or related materials and/or communications as your own.
- Reproduce and tweak any part or whole of the Offer for distribution as your own work.
- Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more.
- Use Our Offer or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
REQUEST FOR PERMISSION TO USE CONTENT
If you wish to use, publish, or access any of Our content, Offer(s), or related materials, you must request permission before commencing use of the same by emailing us at hello@setupsidekick.com.
CIVIL AND CRIMINAL PENALTIES
Even though Our Offer is not a physical product you can hold in your hand, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statutes in any jurisdiction allowed. You explicitly consent to personal jurisdiction in South Africa by opting into or purchasing any Offer or accessing its related communications and/or materials.
YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third-party access sites, such as Our Facebook group(s) or online software platforms that we use to distribute Our Offer and related materials, you agree that we have a non-revocable, commercial license to re-publish your submission in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy by accessing Our Offer or related materials, and we reserve the right to disclose your participation in the same.
MODEL RELEASE
You must own the copyright to any image(s) you use by default or voluntarily on Our platforms or in Our Offer or related materials. You grant Us a commercial license to any image(s) you submit to Us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Offer, or voluntarily upon Our request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.
NOTIFICATION OF USE
We are not obligated to notify you or anyone in photographs of Our publication or other use of any image or images you submit by default or voluntarily.
SECURITY AND ASSUMPTION OF RISK
SECURITY
It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, as these are processed through third-party processors such as Stripe or PayPal. By utilizing these payment processors to gain access to the Offer, you indemnify us and instead assume any and all risk or liability for the security of the payment details and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
CONFIDENTIALITY
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By accessing Our Offer and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information, or educational materials provided to you.
YOUR COMMUNICATIONS
Any communications made through Our ‘contact’, blog, blog comments, newsletter sign-up, or other related pages, are not held privileged or confidential and are subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by South African law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to Our Privacy Policy.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libellous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
DISCLAIMERS
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have legal, or financial questions, you should consult a lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
This website is updated regularly and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at hello@setupsidekick.com.
EARNINGS DISCLAIMER
You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Everyone who utilizes Our Offer(s) has different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, we cannot guarantee your success merely upon access or purchase of Our Offer(s).
GENERAL DISCLAIMER
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with Our Offer(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if we are, during the course of this Offer and related material(s), we are not offering Our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offeg. This Offer is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as legal, or financial advice.
THIRD-PARTY DISCLAIMER
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including you.
WARRANTIES DISCLAIMER
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
TECHNOLOGY DISCLAIMER
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access Our Offer(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge Our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside Our control and will require you to access support from a third-party provider, such as Thinkific or Systeme.io.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offer(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offer(s) or related material(s).
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
INDEMNIFICATION
You agree at all times to indemnify and hold harmless Our Company, as well as any of Our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to Our Offer(s) .
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or in relation to Our Offer(s). We do not assume liability for any third-party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of your access of Our Offer(s) and related material(s).
AFFILIATES
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
TERMINATION
If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of Our website and any related communications as we deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to Our site(s).
FINANCIAL CONSIDERATIONS
REFUNDS
We take your investment seriously, and we’d appreciate if you took Our investment of time and resources into your success seriously, too.
Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.
After 30 days of outstanding payment, Lisa Oosthuizen reserves the right to send you to collections, upon which you will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.
COURSE PURCHASE REFUNDS
As you are able to download, make use of and copy the product immediately, we will only offer refunds in limited circumstances at our discretion, or where required by South African Law.
We do not, under any circumstances, offer refunds for a change of mind or change of circumstance. Therefore, it is in your interest to carefully review the course contents, contact us with any questions, and ensure the course is suitable for your needs before purchasing.
In the event you wish to request a refund, you can do so by emailing hello@setupsidekick.com and requesting a refund.
If your request for a refund is successful, we will usually refund any money received from you using the same method originally used by you to pay for your purchase minus any service fees or charges incurred by the payment processor(s).
CHARGEBACKS
You agree to make every attempt to file a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all of Our bonuses, affiliate bonuses, or other materials afforded to you in exchange for your original purchase of Our Offering. We reserve the right to present proof of your access and these Terms and Conditions of Use to the financial institution investigating the dispute.
RECURRING PAYMENTS
If you have signed up for a payment plan, you hereby authorize Our continued access to your financial information stored by Our third-party financial processing company referenced in this Agreement until your payment plan is complete, as set forth in your acceptance of the purchase terms upon checkout.
REVOCATION OF ACCESS
You have the unilateral right to terminate your use and access to any of Our Offer(s). Please send an email to hello@setupsidekick.com to initiate this process. Termination will not excuse you from further payment. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and you agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
DISPUTE RESOLUTION
If you and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
NON-DISPARAGEMENT
If you are found to be slandering, libelling, or otherwise disparaging Our Company, Offer(s), or related materials at Our discretion, you will be immediately removed from the Offer(s) and any related communications. We reserve the right to file a civil claim of action against you for any such damaging actions you take that materially harm Our Company.
ENTIRE AGREEMENT
Before you register with Our website or make any purchases therefrom, you will be asked to consent to Our Privacy Policy. If you have consented, or once you do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.
LAW AND JURISDICTION
These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with South African law. Any dispute arising out of or related to the information contained herein is subject to adjudication in South Africa.
CONSENT
By using Our website, you hereby consent to Our Terms and Conditions of Use and Privacy Policy.
If you require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact us by email at hello@setupsidekick.com.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.
SEVERABILITY
If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
CONTACT INFORMATION
Email: hello@setupsidekick.com
Address: Thrush Avenue, Boskruin, South Africa.