“Content” means any and all material, links, words, images including but not limited to any goods and services on the website.
“Member” means a member to the Services on this website.
“Services” means access to online courses on general business, management, social media, internet and other information delivered via our website and may include consulting services from time to time.
“the website” means [Katherine Mackenzie-Smith/The Introvert Effect]
“We”, “our” and “us” means Katherine Mackenzie-Smith and includes all officers, directors, employees, contractors and affiliates.
“You” means a Member or any user of our Services and by doing so, agree to these Terms.
MEMBERSHIPS FOR ONLINE COURSES
You need to first fill in your registration details that are required in the online form to gain access to one of our membership plans. Depending on your choice of membership plan, you must pay the membership fee in advance or alternatively provide payment details for the instalment plan in order to sign up to our website to receive our courses, newsletters, information and any associated services.
By providing your credit card details, you authorise us and agree to the instalment membership fee being automatically deducted from your credit card or other nominated payment method when payment is due unless you or we cancel the membership in accordance with the below Cancellation terms.
AGREEMENT FOR MEMBERSHIP SERVICES
When join to our website Services, you acknowledge and agree to the following:
- You will not share your password or login details with any other person and you will keep your contact, payment and other information updated;
- You warrant that all information you provide is true, correct, up-to-date and accurate personal information and details;
- You will not transfer, sublicense or grant access to any of our Services to any other person, business or other third party except as agreed in these Terms.
AGREEMENT FOR CONSULTING SERVICES
Any consulting services we may agree to provide will be done pursuant to a written proposal (“Proposal”). The scope of any such services will be limited to the description provided in the Proposal and as agreed in writing from time to time.
Materials and work may be provided to you during the consulting services from time to time. All materials and work is provided without warranties of any kind, both express and implied.
Any confidential information or materials that is not already in the public domain which may be provided by you to enable us to perform our consulting services will, at all times, be kept confidential and secure. We will not at any time disclose or allow access by any person or third party to any of the confidential information unless required to perform the Services in which case, we will ensure they are under the same duty of confidentiality.
In providing our Services, we are providing you with facts, information, insights and ideas only, in order to assist you in your business. You need to decide what may work best for your own personal or business needs and should make your own assessment after careful consideration of your situation.
We do not have your personal information, finances, your individual facts or situation in mind when we provide these Services. Our Services are not intended as, nor should they be construed as advice and we recommend that you contact a professional advisor if you would like information or advice that takes into account your personal and particular goals and financial situation.
We also do not guarantee that any information in our online courses and Services will increase revenue, profits, customer base, online presence or rankings, improve or make any guarantee about your business. We do, however, provide our experience, insights, perspectives and recommendations in order to assist you to consider options for your business which may have an overall positive impact and help you with your business needs.
We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period.
You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.
CANCELLATION, REFUND AND TERMINATION
REFUND: you can cancel your membership within 14 days of your payment and receive a full refund. You must cancel your membership in writing by notifying us at info(at)katherinemackenziesmith(dot)com with your reason for cancellation and request for refund.
WE MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME: We may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
We are not required to provide any refund or part thereof to you for such termination of your membership.
MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time and from time to time to remove, delete, alter or amend any Content, Services or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
While we endeavour to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, the Services or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.
This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on this Service.
Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).
Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights, all material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Services: To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Katherine Mackenzie-Smith.
All other trademarks or service marks within this website are the property of their respective owners. You own and retain ownership of all of your Content. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any thing you access through our Services.
You agree and acknowledge that we retain all right, title and interest in the Services, including but not limited to the inventions and intellectual property rights contained or embodied within the Services.
You have been provided with a license to use the information and Services only for the purposes notified to you and included in these Terms. Any other use, including but not limited to, commercial use, provision to a third party in whole or in part, or reproduction in any manner, breaches the license provided to you under these Terms and our copyright.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorised use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.