Terms of Sale
TERMS OF SALE FOR PRODUCTS/SERVICES
These Terms of Sale set out the terms under which various Products/Services are sold and provided by Us to business customers through Our Sites.
Please read these Terms of Sale carefully and ensure that you understand them before ordering any Products/Services from Our Sites. In particular, please familiarize yourself with our “Guarantee/Disclaimer”, set out in clause 3.
By registering for an account, you accept these Terms of Sale when ordering Products/Services. If you do not agree to comply with and be bound by these Terms of Sale, you must not order Products/Services through Our Sites.
These Terms of Sale are in the English language only. All transactions are governed by U.S. Law and any disputes arising out of such transactions are governed by the exclusive jurisdiction of the U.S. courts regardless of where You are located.
- Definitions and Interpretation
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
- “Charges” means the amounts that You have agreed shall be payable for the Products/Services as set out on our Sites.
- “Effective Date” means the date upon which You give Your express consent to these Terms of Sale, which is the date You register online for an account.
- "License" means the license to use the Material, set out in clause 11.
- "Material" means any material produced by us, in which copyright or any other intellectual property rights subsist.
- “Products/Services” means the Products/Services which are to be provided by Us to you as set out when you register.
- “We/Us/Our” means Ray Kenner, CPA, a company under the umbrella of Kenner Accounting Inc.
- Business Customers and Consumers
2.1 Our Products/Services are only available to business customers. We do not provide Products/Services to customers for personal purposes (that is, not in connection with, or for use in, their trade, business, craft, or profession). If you are not a business customer, please do not register for an account.
2.2 These Terms of Sale, together with any other terms referred to herein, constitute the entire agreement between Us and you with respect to your purchase of Products/Services from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out or otherwise referred to in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
- Guarantee/Disclaimer
All Products/Services are for educational and informational purposes only. Your level of success in attaining any stated ideas or strategies in our Products/Services or on Our Sites is dependent upon a number of factors including your health, skill, knowledge, ability, dedication, goals, relationships, and financial situation, to name a few. Because these factors differ according to individuals, we cannot guarantee your specific success or results in any area of life or any endeavor. We make no guarantees that you will achieve any specific results from our information, programs, or Products/Services and we offer no licensed or professional, medical, legal, therapeutic, tax, or financial advice in our material. The information contained in our material cannot replace or substitute for the products and services of trained professionals in any field, including, but not limited to, medical, psychological, financial, or legal matters. You alone are responsible and accountable for your decisions, actions, and results in life, and by accessing our Products/Services and using Our Sites, you agree not to hold us liable for any such decisions, actions, or results, at any time, under any circumstances.
- Charges and Availability
4.1 You agree to pay the Charges.
4.2 All amounts stated in or in relation to these Terms of Sale are, unless the context requires otherwise, stated inclusive of any applicable value-added taxes.
4.3 We neither represent nor warrant that all Products/Services will be available at all times.
4.4 By registering for an account, you have permission to use one email address and one device to access the Products/Services. If you wish for other users to access the Products/Services, or to access the Products/Services using a different email address or device, you will need to pay for another account.
- Payment
5.1 You must pay any Charges by debit or credit card, using such payment providers and details as are notified to You by Us. You warrant that you have the appropriate permissions to use any payment cards used to pay the Charges.
5.2 All sums due must be paid in full without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
- Provision of the Products/Services
6.1 We will provide the Products/Services with reasonable skill and care. We will begin providing the Products/Services from the Effective Date.
6.2 The details of which Products/Services will depend on which Products/Services you select from Our Sites. There may be additional rules and requirements that are relevant to individual Products/Services, which will be made clear to you during the sign-up process.
6.3 We make all reasonable efforts to ensure that all general descriptions of the Products/Services available from Us correspond to the actual Products/Services that will be provided to you; however, please note that the exact nature of the Products/Services may vary.
6.4 We will make every reasonable effort to provide the Products/Services. We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please refer to Clause 9 for events outside of Our control.
6.5 Any and all personal data is processed by Us in accordance with Our Privacy Notice, which is available on Our Sites.
6.6 In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Products/Services to resolve the issue. Unless the issue is an emergency that requires immediate action, We will endeavor to inform you in advance by email before suspending or interrupting the Products/Services.
6.7 If you do not pay Us for the Products/Services as required by Clause 5, We will suspend the Products/Services until you have paid any and all outstanding sums due. If this happens, We will inform you by email.
6.8 We always use reasonable endeavors to ensure that Our Products/Services are trouble-free. If, however, there is a problem with the Products/Services, please contact Us as soon as is reasonably possible via [email protected]
6.9 We will use reasonable endeavors to remedy problems with the Products/Services as quickly as is reasonably possible and practical.
- Cancelling the Products/Services
7.1 There will be no refunds for this product.
- Our Liability
8.1 We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any transaction between you and Us.
8.2 Our total liability to you for all other losses arising out of or in connection with any transaction between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total amount paid and payable by You in the 30-day period preceding the occurrence of the losses.
8.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents, or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
- Events Outside of Our Control (Force Majeure)
9.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic, or other natural disaster, or any other event that is beyond Our reasonable control.
9.2 If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
9.2.1 We will inform you as soon as is reasonably possible;
9.2.2 Our obligations under these Terms of Sale will be suspended and any time limits that We are bound by will be extended accordingly;
9.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times, or availability of Products/Services as necessary;
9.2.4 If the event outside of Our control continues for more than 30 days, We may cancel the transaction and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation.
- Communication and Contact Details
If you wish to contact Us with general questions, feedback, or complaints, you may contact Us by email at [email protected].
- Other Important Terms
11.1 You warrant that you have the legal right and authority to enter into and perform the obligations under this transaction.
11.2 We may transfer (assign) Our obligations and rights under these Terms of Sale to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected, and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
11.3 You may not transfer (assign) your obligations and rights under these Terms of Sale without Our express written permission.
11.4 The agreement is between you and Us. It is not intended to benefit any other person or third party in any way, and no such person or party will be entitled to enforce any provision of these Terms of Sale.
11.5 If any of the provisions of these Terms of Sale are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
11.6 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
11.7 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale at any time, We will give you at least 30 days’ written notice of the changes before they come into effect. If you wish to cancel the transaction as a result, please notify us.
- Law and Jurisdiction
12.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, US law.
12.2 Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of the United States of America.