1. About the Website
1.1 Welcome to katiek.com.au (the ‘Website‘). The Website provides you with an opportunity to browse and purchase Digital Products (Digital Products) and event tickets that have been listed for sale through the Website (the ‘Products‘). The Website also provides you with the opportunity to make a booking for a free initial consult with Katie K (Free Initial Consult). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).
1.2 The Website is operated by Twice Creative Pty Ltd (ACN: 600 217 356) t/a Katie K (‘Katie K’). Access to and use of the Website, or any of its associated Products and services, are provided by Katie K. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3 Katie K reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Katie K updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
2.1 You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Katie K in the user interface.
3. Free Initial Consult
3.1 Katie K requires all bookings for the Free Initial Consult to be made via Acuity Scheduling (the ‘Booking System’).
3.3 Katie K understands that circumstances change. Should you wish to cancel or reschedule you free appointment, please kindly write to email@example.com prior to 48 hours before your scheduled appointment to allow your time slot to be given to another individual.
3.4 If you choose to proceed with Katie K mentoring services, you will be provided with a separate set of terms and conditions that will govern your involvement in the services.
4. Purchase of Products
4.1 In using the Purchase Services to purchase a Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price‘).
4.2 Payment of the Purchase Price may be made through the available payment methods (the ‘Payment Gateway Providers‘)
4.4 Following payment of the Purchase Price being confirmed by Katie K, you will be issued with a receipt to confirm that the payment has been received and Katie K may record your purchase details for future use.
5. Digital products
5.1 Katie K does not provide refunds for Digital Products. Please keep this in mind when making a purchase.
5.2 Digital products are delivered as links to download sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact firstname.lastname@example.org.
5.3 Katie K will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the digital product.
6.1 Katie K requires all bookings for events to be made via the third party ticketing platform provided (the ‘Ticketing Platform’).
6.3 If an event is cancelled or rescheduled before the scheduled start date and time, for any reason whatsoever, refunds may be issued. Katie K will communicate with ticket holders directly, or via the Ticketing Platform.
6.4 Katie K will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of an event.
6.5 With the exception of 6.1 above, event tickets are not refundable in any other circumstances.
6.6 Tickets may be transferred to another individual. To do this you must advise Katie K of the transfer in writing by email to email@example.com.
6.7 If at Katie K’s sole discretion, Katie K forms the opinion that it is unable to provide an event in person due to the covid-19 pandemic, the event will be converted to an online format.
6.8 No refund will be available to you should the event be held online due to the covid-19 pandemic.
7.1 Digital products
Katie K Digital Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Digital Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Digital Products repaired or replaced if the Digital Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the products are unfit for their normal purpose.
The services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with Katie K, and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
8. Information Disclaimer
8.1 Any information, advice, content or documentation provided on the Website, through the events, or within Digital Products, social media accounts or on any other related platform do not constitute marketing, career, financial, business or other professional advice, and are provided for general information and guidance purposes only.
8.2 All care is taken in the preparation of the information and published materials on the Website or within Digital Products, through the events, social media accounts or on any other related platform. Katie K does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
8.3 To the extent permissible by law, Katie K will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the services or within Eproducts, through the events, social media accounts or on any other related platform.
9. Copyright and Intellectual Property
9.1 You acknowledge that the Website, the Purchase Services, any content within Eproducts, Katie K’ name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Katie K or its affiliates, licensors, or suppliers whether displayed on the Website, social media accounts or on any other related platform (‘the Content’).
9.2 You hereby indemnify and agrees to keep indemnified Katie K against all liability, losses or expenses incurred by Katie K in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Katie K or any third party by you or your agents.
9.3 You may not, without the prior written permission of Katie K and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9.4 For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Katie K, Katie K grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Services, and any related software, content, equipment or other materials for your specific, non-commercial use only.
11. General Disclaimer
11.1 You acknowledge that Katie K does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
11.2 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
11.3 Subject to this clause, and to the extent permitted by law:
a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
b) Katie K will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
11.4 Use of the Website, the Purchase Services, and any of the products of Katie K is at your own risk. Everything on the Website, the Purchase Services, and the Products of Katie K, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Katie K make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Katie K) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
c) costs incurred as a result of you using the Website, the Purchase Services or any of the Services;
d) the Content or operation in respect to links which are provided for your convenience;
e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
12. User Generated Content
12.1 If you choose to contribute any content to the Website or any other platform operated by Katie K, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).
12.2 By contributing content to the Website, you grant Katie K a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Katie K.
12.3 Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Katie K can use that information with your User Content for advertising and promotional purposes, or any other business purpose
12.4 You confirm you own or have the right to use any copyright material included in Your Content (including replies to Katie K social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Katie K. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
12.5 Please ensure you keep your own copies of Your Content as Katie K may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
12.6 Katie K will endeavour to provide you with an appropriate credit when using Your Content on Katie K platforms, though you understand and agree this may not always be possible.
12.7 Katie K reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
13. Limitation of Liability
13.1 Katie K’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Katie K is the resupply of information or Purchase Services to you.
13.2 You expressly understand and agree that Katie K, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
13.3 Katie K is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Katie K, by third parties or by any of the Purchase Services offered by Katie K.
14.1 You agree to indemnify Katie K, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
c) any breach of the Terms.
15. Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of the Australian Capital Territory, Australia.
16. Governing Law
The Terms are governed by the laws of the Australian Capital Territory, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of the Australian Capital Territory, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.