UMAD

Terms Of Service

Updated 13th June 2022

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with http://umakeadifference.com website (the “Service”) operated by Melinda Cates, Globally Make a Difference Ltd (“us”, “we”, or “our”).

Please read these Terms Of Service carefully before using the Service (website).

Your access to and use of the Service (website) is conditioned on your acceptance of and compliance with these Terms. These Terms Of Service apply to all visitors, users, and others who access or use the Service

By visiting or using this Service (website) You agree to be bound by these Terms. We may change these Terms at any time and will post the changes on the Website. If You disagree with the changes then You must stop visiting and using this Website.

Definitions

In these Terms, the following words have the following meanings:

Our IP: means intellectual property owned or licensed by Us relating to Our Website, Products or Services, including the text, graphics, logos, icons, the software, and any other material underlying or forming part of this Website or Our Products or Services and includes any rights to that intellectual property, including any copyright, trade or service mark, trade or business name, logos and any other distinctive brand features, design, patent, semiconductor or circuit layout right, computer code (including source, library, object, and executable code), inventions and logical sequences, in all cases whether registered or unregistered and anywhere in the world.

Privacy Statement: this means Our Privacy Policy available on the footer of the website

Products: means any products provided by Us via this Website.

Services: means any services, features, or functionalities provided to You by Us via this Website 

Website: this means this website – www.umakeadifference.com

We, Us and Our: means Globally Make a Difference Ltd.

You: means you as an individual and Your has a corresponding meaning.

ACCEPTANCE OF THE TERMS OF SERVICE

When you choose to access and remain on the U Make a Difference website, click the accept or agree to Terms Of Service when the option is made available, as well as when you make a payment for a U Make a Difference product or service to Globally Make a Difference Ltd via Stripe you are accepting the U Make a Difference Terms Of Service.

INTENTION OF THE SITE

The information, content, and other materials available through our Website are for informational purposes only.

The Website is not providing medical, psychological, or religious advice whatsoever. The information provided via the Website and content and material held within is not intended to be a substitute for professional medical advice, diagnosis, or treatment by licensed or registered healthcare professionals. Should you have a medical or mental health concern, contact your Qualified Medical Provider or Mental Health Provider promptly.

You may use the content, information, consumer reviews, data and materials from, and the products and services available through, this Website solely for your personal and non-commercial use. Before you act on any information you have found on our Website, you should independently confirm any facts that are important to your decision. If you rely on any content, information, or other materials, products, or services available through our website, you expressly agree that you do so solely at your own risk. You understand that you are solely responsible for any damage or loss you may incur that results from your use of any content, information or other materials, products or services.

ACCESS AND USE OF THE WEBSITE

You agree to access and use the Service – Website and any Products and Services in accordance with these Terms and all applicable laws.

We grant You the right to access and use the Services via the Website. This right is non-exclusive, non-transferable, and subject to these Terms (which may be amended from time to time) and all other terms and conditions are expressly excluded unless otherwise agreed in writing.

You may:

  • temporarily download one copy of the Website content for personal, non-commercial transitory viewing only.

You may not:

  • Archive, copy, reproduce, distribute, modify, display, publish, licence, create adaptations or derivative works from, offer for sale or use (except as expressly authorized under these Terms) any of the Website content;
  • Circumvent, remove, alter, disable, deactivate or otherwise interfere with any security-related features of the Website;
  • Use any automated tools or mechanisms including any robot, spider, or scraper to access the Website or insert any code or manipulate the Website;
  • Reverse engineer, disassemble or decompile any software or software processes in relation to the Website;
  • use the Website content for any commercial purpose, or for any public display (commercial or non-commercial);
  • remove any copyright or other proprietary notices on the Website;
  • Install any viruses, worms, malware, or other harmful or destructive software or thing that may impair the functionality of the Website or the ability of others to access and use the Website, Products, or Services.

OUR OPTIONS

Under these Terms, We may:

  • Edit or remove any content, features or functionality of the Website;
  • Monitor Your use of the Website;

If You breach these Terms, We may:

  • Suspend or terminate Your use of the Website; and/or
  • Take legal action against You.

We may terminate access to the Website at any time without notice.  Our No Warranty/Disclaimers and Limitation of Liability will survive such termination.

INTELLECTUAL PROPERTY

You acknowledge and agree that all content and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Melinda Cates and Globally Make a Difference Ltd, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of Melinda Cates and Globally Make a Difference Ltd. For information on requesting such permission, please contact us.

The Service and its original content, features, and functionality are and will remain the exclusive property of Melinda Cates and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Melinda Cates.

Unless expressly provided for in these Terms (or separately agreed between us in writing), Your use of this Website or Our Products or Services do not transfer the ownership or grant any right or title in or to any of Our IP to You or any third party. You agree and acknowledge that:

You agree and acknowledge that:

  • We retain all rights, title, and interest in and to the Our IP and You agree to not attack, dispute, or contest the validity, or the ownership, of Our IP; and
  • no ownership rights in any of Our IP are vested or created by the limited rights of use granted to You under these Terms and that all use of Our IP under these Terms, continues for Our benefit.

Re-posting 

Re-posting of U Make a Difference posts in their entirety is not permitted. This is due to the potential of the U Make a Difference website being penalized for publishing duplicate content.

PAYMENTS

Where the option is given to you, you may make payment for the Products (the ‘Products Cost’) or Services (the ‘Services Fee‘) by way of Credit Card Payment (‘Credit Card‘).

All payments made in the course of your use of the U Make a Difference Services or Products are made using Stripe (‘Stripe‘).

In using the Stripe Website, for the purchase of U Make a Difference Products or Services, when making any payment in relation to your use of the Products or Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

You also agree when making a payment on the Stripe website to Globally Make a Difference Ltd, for U Make a Difference Products and Services, you are agreeing to reading, understanding and agreeing with the U Make a Difference Terms of Service.

You acknowledge and agree that where a request for the payment of the U Make a Difference Products Cost or U Make a Difference Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Product Cost or Services Fee.

You agree and acknowledge that Globally Make a Difference Ltd can vary the Services Fee or Products Costs at any time.

REFUND POLICY

By clicking on the “Sign Up”, “Buy Now”, “Purchase”, “I Am In” or any other phrase on the purchase button of U Make a Difference products and services, or entering your credit card information, or enrolling electronically or otherwise, you agree to receive the products, programs, and services provided by U Make a Difference. No refunds will be given, and all sales of courses, products, and services on this website are final. 

Consideration of this policy has been given in the price and the quality of the products, programs and services you receive. 

PRIVACY AND COMMUNICATION

By using the Website, You agree to abide by and comply with Our Privacy Policy located on the footer of the website. You agree that We can send You information relating to Our Products and Services by using electronic messages or other means. You may unsubscribe from the electronic messaging services at any time by clicking on the unsubscribe and opt-out buttons on the email and or emailing Us at melinda@globallymad.com

NO WARRANTY DISCLAIMER

To the maximum extent permitted by law, We expressly disclaim and exclude all representations, warranties, conditions, and guarantees, including (without limitation) in respect of quality, merchantability, fitness for purpose, condition, description, manufacture, design, or performance whether express, implied by common law, law merchant, trade usage, custom or otherwise or statutory in relation to the Website.

The information contained on the Service (website) is purely for informational and educational purposes.

We disclaim any liability for the decisions you make based on the information contained herein, which is not meant as medical or legal advice, or psychological counseling. Nor it is intended to replace seeking the advice of a professional. Refer to the Disclaimer in the footer of the pages of the Service (website)

You acknowledge that:

  • Your use of the Website is at Your sole risk;
  • The Website is provided “as is” and “with all faults”; and
  • the Website may not be secure, timely, uninterrupted, error-free, or otherwise reliable;
  • We may cease to make available any of the Website content;

the transmission of information via the internet is not secure and We cannot guarantee the security of Your data in transmission to or from our Website links to Other Web Sites

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party websites or services that are not owned or controlled by Melinda Cates and Globally Make a Difference Ltd.

Melinda Cates and Globally Make a Difference Ltd has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Any link to other websites is not an endorsement of those websites by Us and We are not responsible for the content and accuracy of their information.

You further acknowledge and agree that Melinda Cates and Globally Make a Difference Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

TERMINATION

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

INDEMNITY

You agree to indemnify us against all liabilities, costs (including full costs between solicitor and client), losses, claims, expenses, and demands incurred by us which arise from or in connection with your access or use of the Website, including but not limited to any breach by You of warranties under these Terms, and from any third-party claims arising out of or incidental to Your use of this website.

LIMITATION OF LIABILITY

In no event shall I Make a Difference, Melinda Cates, Globally Make a Difference Ltd nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Despite anything else contained in these Terms, any liability to You by Us in respect of anything arising from or concerning these Terms or the Website or any of the Products or Services, whether arising in tort (including negligence), contract, breach of statutory duty, equity or otherwise arising from any relationship with You (Our liability) is excluded to the fullest extent permitted by law.

To the extent that Our liability cannot be excluded by law, or to the extent that the exclusion of Our liability would render these Terms unenforceable, You agree that the maximum amount that You will claim against Us (in total) and the maximum amount that We (in total) are liable to You for is one New Zealand dollar or the next largest amount that would be needed to render these Terms (including these exclusion and limitation provisions) enforceable for Our benefit.

Despite anything else contained in these Terms, You agree that We are not liable to You (or to anyone else) for any failure or delay in the performance of Our obligations under these Terms to the extent that the failure or delay is caused, directly or indirectly, by an event outside Our reasonable control.

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Melinda Cates and Globally Make a Difference Ltd its subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

CONTACT US

If you have any questions about these Terms, please contact us – at melinda@globallymad.com\

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