A Friendly Note from the Rockstar Brewer Academy Team
Our goal is to provide you with a superb and streamlined product experience, one that solves your brewery management issues by giving you the tools and training you need for success.
We wrote the below Terms & Conditions to make sure that expectations are as clear as possible for what we will deliver to you and what is included. We encourage you to take a minute to review it.
What it covers:
- Definitions of certain words and ideas
- Standard terms of service
- Cancellations, refunds, and guarantees
- Communicating with us
For any other questions, just ask!
To accelerating your creativity and entrepreneurial spirit,
The Rockstar Brewer Academy Team
TERMS OF PARTICIPATION
Please READ Carefully and Sign in the Required Areas
By purchasing this product you (herein referred to as “Client”) agrees to the follow terms stated herein.
S P Henderson Trading as Rockstar Brewer (ABN: 32 393 166 187). (herein referred to as “RB,” “Rockstar Brewer Academy” or “Trading Entity”) agrees to provide the program detailed on this page (herein referred to as “Program”) identified in the online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client understands S P Henderson (herein referred to as “Consultant” or “S P Henderson”) and Rockstar Brewer Academy, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
METHODS OF PAYMENT
If Client elects to pay by monthly instalments, Client authorises the Trading Entity to charge Client’s credit card or debit card. If Client elects to pay in FULL, Client may pay by credit card or debit card.
For those product offers where a 60-Day Money-Back Guarantee is Clearly Indicated on the Sales or Checkout Pages:
If you decide this isn’t working for you, contact our support team at support (at) rockstarbrewer.com, show us you actually did the work (and completed the worksheets/templates), and we’ll issue you a prompt FULL refund. To be eligible for a refund, you must submit your request before 11:59pm Eastern US Time on the 60th day following your purchase. After you submit your materials, all refunds are discretionary. No refunds will be provided more than 60 days following the date of purchase. If you opted for a payment plan and you do not request a refund by the end of the 60th day, you are required to complete the remaining payments of your payment plan. All payments must be made on a timely basis
All refunds are discretionary as determined by Rockstar Brewer Academy. If you have any questions, contact us at support (at) rockstarbrewer.com
As mentioned above, all refunds are discretionary. If you just downloaded the training material (pdfs, audios, videos, and/or etc), and then promptly asked for a refund, we reserve the right to deny your refund request.
The Trading Entity respects Client’s privacy and insists that Client respects the Trading Entity’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Trading Entity is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Client agrees not to violate the Trading Entity’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Trading Entity’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party Trading Entity titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party.
Further, by signing below you agree that if you violate or display any likelihood of violating this session the Trading Entity and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NON-DISCLOSURE OF TRAINING MATERIALS
Material given to Client in the course of Client’s work with the Trading Entity is proprietary, copyrighted and developed solely and specifically for Trading Entity. All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made are for personal use in or in conjunction with this training program only. Original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure, reproduction and sale by Client to a third party is strictly prohibited. Program content may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Rockstar Brewer Academy.
Fees are as advertised on this website at the time of purchase. We may, from time to time, vary our fees for both new and existing customers. When we vary fees for existing customers, we will notify you via email.
NO TRANSFER OF INTELLECTUAL PROPERTY
Rockstar Brewer Academy’s program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorised to use any of Trading Entity’s intellectual property for Client’s business purposes. All intellectual property, including Trading Entity’s copyrighted program and/or course materials, shall remain the sole property of the Rockstar Brewer Academy. No license to sell or distribute Trading Entity’s materials is granted or implied.
By signing below, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Trading Entity is confidential and proprietary, and belongs solely and exclusively to the Trading Entity, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Trading Entity.
Further, by signing below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Trading Entity will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Trading Entity makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Trading Entity assumes no responsibility for errors or omissions that may appear in any program materials.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, DFAT travel advisory, labour strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Trading Entity to perform its obligations under this Agreement, the Trading Entity’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY. Client agrees they used Trading Entity’s services at their own risk and that Program is only an educational service being provided. Client releases Trading Entity, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable.
Client agrees that Trading Entity will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Trading Entity’s services or enrolment in the Program. Trading Entity assumes no responsibility for errors or omissions that may appear in any of the program materials.
NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalise or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Trading Entity or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
ASSIGNMENT. Client may not assign this Agreement without express written consent of Trading Entity.
MODIFICATION. Trading Entity may modify terms of this agreement at any time. All modifications shall be posted on the Rockstar Brewer Academy website and purchasers shall be notified.
TERMINATION. Trading Entity is committed to providing all clients in the Program with a positive Program experience. By signing below, Client agrees that the Trading Entity may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client become disruptive to Trading Entity or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Trading Entity. Client will still be liable to pay the total contract amount.
INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Trading Entity, Trading Entity’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgements, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Trading Entity, or any of its shareholders, trustees, affiliates or successors. Client shall defend Trading Entity in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Trading Entity’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Trading Entity.
In consideration of and as part of my payment for the right to participate in Rockstar Brewer Academy Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Rockstar Brewer Academy and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to independent mediation. All claims against Trading Entity must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
EQUITABLE RELIEF. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary injunction.
NOTICES. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: support (at) rockstarbrewer.com
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
This Agreement constitutes and contains the entire agreement between the parties with respect to its subject, S P Henderson, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject S P Henderson.
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia.