Terms and Conditions

Last Updated on June 08, 2020


1. Acceptance

 

By installing and/or using Product Wand website: www.productwand.com (“Website”) or any other application or functionality we offer online (collectively, “Service”) you accept and agree to the following terms and conditions. If you do not agree with any of these terms and conditions, you must immediately cease all use of the Services, the Website or the Application and remove it from your Chrome Extensions (Options > More Tools > Extensions). These Terms and Conditions shall govern any use you make of the Service " and any dispute in connection therewith, and are deemed a binding agreement between you and Ivery Cove LTD. (“Operator” or “Product Wand”, interchangeably).

 

2. Services

Our Website offers a curated collection of trending products sold online and related information. If you wish to point out a product which can be a great business opportunity, you should submit it to [email protected] This information is collectively referred to as “BI Content”. The information gathered by the Application (as defined below) and in the Facebook group is collectively referred to as "User Submitted Content”. Both BI Content and User Submitted Content may cite or refer to third party content, including screenshots, statistics and links to third party websites or services (“Third Party Content”). You may only submit Third Party Content with permission from the respective owner. We do not imply any affiliation with Third Party Content or other websites or services. (The User Submitted Content and the BI Content, exclusive of any and all Third-Party Content, are collectively referred to as our “Content”).

 

PLEASE NOTE:

 

WE ARE NOT RESPONSIBLE FOR BI CONTENT, USER-SUBMITTED DATA, OR THIRD PARTY PRODUCTS AND PROMOTIONS IN ANY WAY.

WE DO NOT IMPLY ANY AFFILIATION WITH PRODUCT MANUFACTURERS, FACEBOOK, ALI EXPRESS, OR ANY OTHER THIRD PARTY.

THE WEBSITE’S DESIGN, “LOOK AND FEEL”, GRAPHIC AND MULTIMEDIA ELEMENTS, AND THE STRUCTURE, SEQUENCE AND ORGANIZATION OF THE WEBSITE ARE SOLE PROPERTY OF THE OPERATOR. THE APPLICATION AND THE WEBSITE ALL TRADE NAMES AND TRADE MARKS BELONG TO THEIR RESPECTIVE OWNERS.

 

The Website, the Application and all Services provided in connection therewith are provided “AS-IS” and any and all warranties in connection therewith is hereby disclaimed to the maximum extent allowed under law. These Terms of Service apply to all users of the Product Wand Service. Information provided by our users through the Product Wand Service may contain (a) indecent, harmful, malicious, defamatory or otherwise unwanted or even illegal content; (b) links to third party services, websites or content which is not regulated in any way by the Operator; (c) commercial content, publications, offers or other information. Operator assumes no responsibility for the services, products, content, or interaction with any third-party websites or services. For Removal Requests, please see Section 9 below.

By using the Application, you expressly acknowledge and agree that Operator shall not be liable in any way whatsoever for any damages, claims or any other liability arising from or related to any act or omission by any third party, explicitly including any other user of the Product Wand Application, and the Oprator’s liability is explicitly disclaimed hereunder for any content delivered (or not delivered) for any reason or intent, via the Application.

 

3. License

 

Subject to your compliance with these Terms of Service, Operator hereby grants you an international, limited, personal, non-assignable license to use the Application. All design, features, graphics, interfaces and multimedia elements, trademarks and service marks remain the sole intellectual property of the Operator (or their respective owner).

 

4. Subscriptions

 

Subscribers receive full access to the Website, Services and all User Submitted Content. Subscriptions may be terminated at any time by written notice to [email protected], after up to 3 business days for processing. Services which may depend on third party services and may be suspended at any time. Subscribers may also receive access to the AdWand Chrome Extension (“Application”), a complementary Application that monitors your Facebook feed for you to bookmark Facebook ads you are exposed to, and share their interaction statistics with others. You will have access to information shared by other users, and you also share this data with us and other users. For paying Subscribers, we offer access to a designated closed Facebook group, which is also subject to Facebook’s terms and conditions. The Operator may suspend the operation of the Application (as any other service) partially or completely, without prior notice.

 

5. Consulting Services

 

Consulting services May be provided for Subscribers or as an independent service. It is hereby clarified that Consulting services are provided on a “best effort” basis, and subject to availability. Consulting services are provided without any representations or warranties.

 

6. Your Obligations

 

6.1. Protection of Rights: You undertake to refrain for any action which may jeopardize any right of the Operator, explicitly including any breach of the license and/or breach of any acceptable use policy, and you shall explicitly refrain from any (a) intentional breach of any right, including any Intellectual Property Right of the Operator, by any unlawful or unauthorized copy, distribution, dissemination, or undue grant of access to the Application, or any action intended to facilitate the same in any way (such as automated access of any sort, reverse- engineering or any alteration or modification of the Application).

 

6.2. User’s Responsibility: You are and shall remain solely responsible for any and all use of the Application, including all messages and content that you submit or deliver using the Application, including User Submitted Content (“Submissions”), and hold Product Wand harmless from any claim of infringement of copyright or other intellectual right, or the transmission of harmful or defamatory content of any sort.

 

6.3. Provision of Information and Access: In order to access and use Application, you will have to install it and grant access rights to your Facebook account. You expressly acknowledge and agree that in order to provide the Service, Product Wand may periodically access the information on your Facebook account.

 

6.4. Suspension of Service: Without derogating from any other provision of these Terms and Conditions, Product Wand is entitled to suspend the Service or any part thereof, at its sole discretion, from any user, without prior notice, including if suspicion of abuse or misuse of the Services, at Product Wand’s sole discretion, and you explicitly waive any claim with respect to the same.

 

7. Submissions

 

You hereby give consent for Product Wand to publish, transmit and display your information, messages, media, feedback and Submissions to other users. You acknowledge your Submissions may be hosted on remote platforms and servers, visible to devices or others, including unintended recipients of the Application, if not specifically blocked, and hereby absolve and release Product Wand from any liability and responsibility in connection therewith.

 

8. Disclaimer of Warranty

 

8.1. No Warranty with respect to Confidentiality: Product Wand is only acting as a repository of data, user content and Submissions do not necessarily represent the views or opinions of Product Wand or any person acting on its behalf.

 

8.2. No Warranty: Product Wand makes no guarantees as to the accuracy, validity, or legal status of your or other users’ Submissions or recommends any third party products .

 

8.3. No Rivalry: You are solely responsible for your Submissions and the consequences of posting or publishing them. Product Wand shall not be deemed a valid party to dispute between You and another user of the Application.

 

9. User Submitted Content

 

9.1. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to your Submissions, including the right to grant Product Wand permission are provided under these Terms and Conditions.

 

9.2. Submissions may include specific information, media files, personal information, contacts and other data, including location-based information.

 

9.3. Product Wand shall in no event be responsible or liable under any legal doctrine with respect to reliance or results of any aspect of the Service.

 

9.4. By submitting a Submission to Product Wand, you grant Product Wand and any recipient of your Submission a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submissions in connection with the Service, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media, format or channel.

 

9.5. You retain your ownership rights in your Submissions.

 

10. Removal Requests; Takedown Notice

 

10.1. We immediately remove allegedly infringing Submissions and User Submitted Content following a proper takedown notice, corresponding with US Digital Millennium Copyright Act (DMCA) to avoid copyright infringement.

 

10.2. Any communication disallowed under these Terms and Conditions, and any threatening, tortuous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or infringes or may reasonably considered infringing of third party rights, is disallowed.

 

10.3. Product Wand may remove any content if properly notified that such content or Submission infringes on another's rights (including intellectual property rights).

 

10.4. To file a copyright infringement notification, send a written notice (“Takedown Notice”) that includes the following: (i) Contact details and physical or electronic signature of a person authorized to act on behalf of the owner of the allegedly infringed rights; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaint is justified. Such takedown notices may be emailed to [email protected] Product Wand reserves the right to remove content and Submissions without prior notice, and may remove them permanently even if the dispute between the infringing and complaining party has been resolved.

 

11. Warranty Disclaimer

YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PRODUCT WAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. PRODUCT WAND EXPLICITLY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS, INFRINGEMENTS OR DEMANDS WHICH MAY ARISE, UNDER ANY LAW, CONTRACT AND/OR LEGAL DOCTRINE, IN CONNECTION OR WITH RESPECT TO ANY ASPECT OF THE SERVICE AND/OR APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, THEORETICAL (INCLUDING LOSS OF GOODWILL OR LOSS OF PROFITS OF ANY SORT) OR INCIDENTAL DAMAGE OR LOSS OF ANY SORT.

 

12. Limitation of Liability

WITHOUT DEROGATING OF ANY DISCLAIMED LIABILITY, TO THE MAXIMUM EXTENT PERMITABLE BY LAW, IT IS HEREBY AGREED THAT PRODUCT WAND’S LIABILITY SHALL NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE GROSS TOTAL AGGREGATE AMOUNT OF PAYMENTS ACTUALLY PAID AND RECEIVED BY PRODUCT WAND FROM THE USER.

 

13. Suspension of Service

 

Product Wand reserves the right to discontinue the Service or any aspect or feature of the Service, at any time, temporarily or permanently, including for maintenance, service and upgrade purposes. The Service is controlled and offered by the Operator from its facilities as may be from time to time. Product Wand makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Product Wand Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

14. Indemnity

 

You agree to defend, indemnify and hold the Operator harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your Submissions and any other aspect of your use (or abuse) and access of the Service; or any violation of these Terms and Conditions; or any third party claim with respect to the same.


15. Ability to Accept Terms of Service

 

You affirm that you are over 16 years of age and otherwise eligible in all respects to engage in this agreement with Product Wand. Users under the age of 16 may use the Services only under the supervision of their parent, natural or legal guardians, whom must review and accept the terms of use.


16. Assignment

 

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by the user. The Operator may assign any of the foregoing and any right or obligation hereunder, without restriction.


17. General

 

You agree that: (i) the Service shall be deemed solely based in Israel and any issue of dispute with respect to it shall be solely governed and resolved in accordance with the laws of the State of Israel. (ii) the competent courts in Tel-Aviv, Israel, shall have sole jurisdiction with respect to any issue or dispute in connection therewith. (iii) any cause of action not commenced by any party hereunder shall be permanently time-barred one (1) year after it occured.


18. No waiver

 

Operator's failure to assert any right or remedy under these Terms of Service shall not constitute a waiver of such right or remedy.


19. Changes and updates to these terms and Conditions and Privacy Notice

 

These Terms and Conditions may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the Website, Application and Services constitutes your agreement to these Terms and conditions and the Privacy Policy and any amendments.


20. Severability and Mandatory Law

 

These Terms and Conditions are severable and shall remain binding, but remain subject to any and all applicable mandatory legislation.


21. Purchasing


By purchasing anything from this website, you acknowledge and agree to be bound by the Terms of Conditions, our Privacy Policy, and our Terms of Purchase Policy. If you do not agree to our Terms of Conditions, our Privacy Policy, and our Terms of Purchase Policy, please do not purchase anything and don’t enter into any transaction with us.


Upon purchase, you shall be granted login credentials to access the Services. You are responsible for maintaining the secrecy and security of your login credentials, and Product Wand is not responsible for any unauthorised use of your login credentials. Only the authorised user of the login credentials is permitted to use the password-protected Services. If you loan or disclose your login credentials knowingly or unknowingly, and you knowingly or unknowingly allow unauthorised access to the Services, you shall be held responsible for any violations of the Terms of Conditions.


22. No Guarantee of Results


THIS IS REPEATED FROM OUR TERMS OF CONDITIONS FOR EMPHASIS. YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE SERVICES IS AT YOUR OWN RISK. With the exception of the Performance Guarantee, you accept, agree, and understand that you are fully responsible for your progress and results from your participation in the Session and Services. Product Wand does not offer any representations, warranties, or guarantees verbally or in writing in regards to your earnings, business profit, marketing performance, audience growth, or results of any kind. You are solely responsible for your own actions and results in both life and business, which are dependent on factors that are personal to you, including (but not limited to), your skill, knowledge, ability, dedication, business savvy, network, and personal financial situation.


You accept, agree, and understand that any testimonials or endorsements provided by Product Wand’s customers or audience that are represented through our Services, Websites, marketing materials, advertisements, or any of our communication channels have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our Services, Websites, marketing materials, advertisements, or any of our communication channels are our opinions only and therefore are not guarantees or promises of actual performance. 


The information given to you during the Session does not constitute professional legal, medical, psychological or financial advice and is general in nature. It does not take into account your specific circumstances nor does it verify the truthfulness and accuracy of what you are telling us during the Session, and it should not be acted upon without full understanding of your current situation and future goals and objectives. You are responsible for making the determination as to whether the information given to you during the Session is suitable to your needs. We don’t guarantee results or or offer legal advice. Product Wand accepts no liability for any loss or damage whatsoever arising out of the use of this website, the Services, or reliance on the content of the Website or Services.


23. Earnings Disclaimer


Results may vary from individual to individual in calculating profits, and depend on the industry, capacity, advertising budget and other factors. The sales figures stated above are our own personal sales figures. Please understand our results are not typical, we’re not implying you’ll duplicate them (or do anything for that matter). The average person who follows any ‘how to’ information gets little to no results. We’re using these references for example purposes only. Your results may vary and depend on many factors including but not limited to your background, experience, and work ethic – we make no guarantees whatsoever. All business entails risk as well as massive and consistent effort and action. If you’re not willing to accept that, then we’re not a great fit for you.


24. Performance Guarantee


We absolutely cannot guarantee that just because you buy this course, you will make money. That’s insane…BUT we will guarantee that if you follow everything we teach you, implement the lessons and put the Product Wand training into action, you’ll make $100,000 in additional revenue in the next 12 months. If you don’t, we’ll refund you the amount you paid us for the course PLUS pay you $5,000 for the inconvenience.


Now, there has to be some limitations for this part – otherwise you’d think Sabri was truly crazy.


To be eligible for the guarantee, you MUST be able to show the following:


  1. You are the legal owner of an established business entity, and were at least 18 years of age at the time of course purchase.
  2. Your proof of purchase of Product Wand, and you didn’t dispute or chargeback the purchase at any point.
  3. You own a business that generates revenue via lead generation.
  4. You have successfully generated sales prior to the purchase of Product Wand.
  5. Your business has an average lifetime customer value of at least $3,000.
  6. Independently verified revenue numbers for the 12-month period after completion of the Product Wand course, plus the name, phone, and contact email for your external auditor or accountant.
  7. Independently verified revenue numbers for the 36-month period immediately preceding the 12-month period after completion of the Product Wand course.
  8. Evidence that you have implemented all recommendations in the Product Wand course. Evidence includes, but isn’t limited to, completing all the course modules (verifiable by Product Wand), your sales funnel, proof that you’ve run paid advertising to the funnel, a complete list of your leads and outcomes, and we want to hear your sales calls too (to ensure you’ve followed the sales scripts).


You need to submit your claim within eight weeks of the conclusion of the 12-month period after completing the Product Wand course. That’s right – you have a whole year to put this system to the test. For example, if you finish the course on 30 June 2020, add 12 months (1 July 2021) and you have 8 weeks from 1 July 2021 to apply for a refund. The course completion date is verifiable by Product Wand. No refund requests will be considered if not lodged within the described timeframe.


All Performance Guarantee currency references are in US Dollars. Product Wand reserves the right to verify the validity of all refund claims made. If your claim is assessed as valid, your refund will be paid into your nominated bank account by electronic funds transfer. We have the absolute discretion to determine whether you have correctly implemented the Product Wand system. If you tamper with the claim process or submit a claim that is misleading or fraudulent, your claim will be rejected. We have 60 calendar days to assess refund claims from the complete submission of all related evidence. If your claim is approved, we will make the claim payment within 30 calendar days of approval.


25. Fees


As consideration for any purchase you make on the Website(s), you shall pay us all applicable fees and taxes without offset of any kind. We (or our third-party payment processor) shall authorise the nominated payment method (e.g. credit card, bank account, or other approved payment facility) provided by you during the purchase and registration process for the full payment of all fees and applicable taxes owing (without offset of any kind), and you consent to the same. All payments will be charged and made in United States Dollars.


We offer the ability to provide payment via our Website(s) or via phone or video call. You consent to us processing your payment on your behalf if you choose to provide payment details via phone or video call. You must provide current, complete and accurate billing and payment information. You agree to only provide us with a payment method to which you are authorised to use. If your billing information changes, you must promptly update us. If you choose to purchase our Services using the payment plan option, you consent to us making multiple charges to your chosen payment method. If your billing and payment information changes during the payment plan, you must provide us with updated billing and payment information immediately. You consent to us re-trying any failed payment plan transactions, and you agree to pay any fees or related charges incurred as a result of the failed payment.


If the fees and applicable taxes charged to you are dishonored, rejected, or otherwise not made available to us, you agree to immediately pay all amounts due upon demand. If the payment method you use is subject to a foreign transaction fee or related charges, you will be responsible for paying those fees or related charges. It is recommended that you verify the fees and related charges that you may be responsible for with your payment issuer. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance owed to us.


26. Refunds


Refunds shall be granted at our sole discretion.


27. Use of Downloadable Assets


To protect the security of our Downloadable Assets, we reserve the right to place a limit on the number of times course materials can be downloaded, specifically the plugin(s). We accept no liability for any loss or damage whatsoever arising out of the use of our Downloadable Assets. Use of our Downloadable Assets is a decision made at your sole discretion. We have used best efforts to ensure the Downloadable Assets are free from malicious code, including viruses, worms, and Trojan horses but we are not responsible for the security of your systems or your website. As part of delivery of the Services, you will be required to activate the Downloadable Assets. In doing so, you agree that if any license(s) granted to you as part of the Downloadable Assets are compromised (including being copied, distributed or shared without our authorisation), we may revoke the license(s) without notice to you. In this event, you will not be entitled to a refund or any compensation. You agree by purchasing the Services that the Product Wand Funnel builder and supporting assets are to be used by one business, on one domain. You are purchasing a single license and you must not replicate, sell, or distribute any of the resources. It will only be possible to activate the Downloadable Assets if the Product Wand Services have been purchased in full without refund, partial refund, bank or credit card dispute, failed payment(s), or invoice offset. In the event the Services have not been paid in full, we may, at our sole discretion, revoke access to any or all parts of the Services. No payment, no Services. Simple.


Be sure to return to these Terms of Purchase Policy periodically to review the most current version. We reserve the right at any time, at our sole discretion, to change or otherwise modify these Terms of Purchase Policy without prior notice; however, the date of any effective changes shall be reflected at the bottom of this page.

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