Effective Date: 1 May 2021
Please read these notices, terms, and conditions, “Terms” carefully before using Our Service or signing up for Membership.
KESWIN™ Academy is owned by Writing Diamonds Ltd (we, us, our), a registered New Zealand company, New Zealand Business Number 9429041020012.
The terms “we,” “us,” and “our” refer to Writing Diamonds Ltd. The term the “Site” refers to KESWIN.Academy (including subdomains, hereafter referred to as the parent site). The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.
KESWIN™Academy is a membership site for online training, courses, resources and other content relating to planning, creating, marketing and growing an authorship business (the “Service”).
Use of KESWIN.Academy, including all materials presented herein and all online services provided by Writing Diamonds Ltd, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Parties agree that the Service is in the nature of education. The scope of services provided by Writing Diamonds Ltd according to this Agreement are limited to those listed on KESWIN.Academy website. Writing Diamonds Ltd reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. Writing Diamonds Ltd makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Writing Diamonds Ltd disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Writing Diamonds Ltd will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. You must not give any third party access to your account access details (username, password, etc.) Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, inciteful, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Writing Diamonds Ltd when there are reasonable delays in the access of the Service.
Writing Diamonds Ltd reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
Where a Product or Service offers Lifetime Access, this is for the lifetime of the Product or Service. Should for any reason, the Product, Service or Writing Diamonds Ltd dissolve or cease to exist, then your access to the Product or Service terminates.
We offer a 30 day money back guarantee should you be unhappy with the Service in your first month of membership. To request a refund please contact support via our Contact Us form.
You may also cancel your monthly subscription at any time via your account page, but due to the nature of the Service no refunds will be made for any membership fees already paid, excluding the 30 day money back guarantee as stated above.
Once you cancel you will no longer have access to the Service, including all content and community resources, once your current membership period is completed.
The 30 day refund period only applies to your first subscription and cannot be used more than once.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, Writing Diamonds Ltd may provide access to a community or social media platforms in conjunction with the Service. Writing Diamonds Ltd is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and Writing Diamonds Ltd may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, inciting, or threatening. Writing Diamonds Ltd will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Writing Diamonds Ltd is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Writing Diamonds Ltd’s brand and image integrity.
We claim no intellectual property rights over the material you supply to Writing Diamonds Ltd. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Writing Diamonds Ltd remains yours to the extent that you have any legal claims therein. You agree to hold Writing Diamonds Ltd harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Writing Diamonds Ltd for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
The Site and Service contain intellectual property owned by Writing Diamonds Ltd and its founder, Deb Donnell, including trademarks, copyrights, proprietary information, and other intellectual property. Writing Diamonds Ltd’s and Deb Donnell’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Writing Diamonds Ltd’s and Deb Donnell’s copyrighted materials shall remain the sole property of Writing Diamonds Ltd and Deb Donnell. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
There can be no assurance as to any particular financial outcome based on the use of our Websites and Network, or by taking advantage of our membership, training, coaching, consulting, or services, or any products or services from our approved suppliers.
We do not claim that your business revenue or income will increase. We do not guarantee you will generate income because there are too many unpredictable variables involved to allow for such a claim. This is why the FTC requires such a disclaimer.
If you find that any representative at KESWIN™ Academy, Writing Diamonds Ltd, or our associated company Keswin Publishing Ltd, or if any of our members or approved suppliers shares information that leads you to interpret that a statement has been given regarding what you can expect to earn in your business, please report it to us immediately.
We are very careful to focus our testimonials and objectives upon your personal and business skill development, and developing specific areas of your skill development, which might include (depending on your enrollment package) developing your products, services, branding, marketing, website, blog, advertising, communication skills, business plan or action plan.
While we aim to provide testimonials that focus on skill development, some may include information about results they have received in their business as a direct result of our services.
Remember that their results have nothing to do with what results you can expect to receive in your personal life and business and are only shown to demonstrate examples of what others have achieved in working with us.
By working with us, you agree that we are not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website, our Network or services. You are solely responsible for your results.
https://keswin.academy and associated subdomains are owned and operated by Writing Diamonds Ltd and may contain affiliate links or other forms of monetization.
https://keswin.academy and associated subdomains abide by word of mouth marketing and content marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in this blog. That content, advertising space or post will be clearly identified as paid or sponsored content.
Writing Diamonds Ltd is never directly compensated to provide opinion on products, services, websites and various other topics. The views and opinions expressed on this website are purely those of the authors. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our research and expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.
This site does not contain any content which might present a conflict of interest.
Writing Diamonds Ltd makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contain on this website or any sites linked to or from this site.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
The laws of New Zealand apply to these terms and conditions. Any dispute arising in relation to these terms and conditions will be resolved in accordance with New Zealand law.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, WRITING DIAMONDS LTD IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF WRITING DIAMONDS LTD HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WRITING DIAMONDS LTD’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM WRITING DIAMONDS LTD, AND IF NO PURCHASE HAS BEEN MADE BY YOU WRITING DIAMONDS LTD’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED NZD100.
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Writing Diamonds Ltd. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
This Agreement constitutes the entire agreement between you and Writing Diamonds Ltd pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Writing Diamonds Ltd shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Writing Diamonds Ltd.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
a division of Writing Diamonds Ltd
P O Box 36-476
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Updated: May 2021
More information about our policies for protecting your personal information can be found in our other Policies and Terms documents.
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