KAIA HUNTER (ABN 33 122 166 365) (the Business) provides its customers with courses, coaching, and workshops (the Services). Details of the Services are found on our website https://www.kaiahunter.com/ (the Website).
The Services and all content provided on the Website or by Business are for informational purposes only, and are not financial products, financial services, or financial advice and are not provided by a financial advisor. Nothing contained on the Website or in the Services should not be construed as personal financial product advice for the purposes of section 766B of the Corporations Act 2001 (Cth) (Act).
There are risks associated with investing or managing your finances, and before taking any action you should contact a licenced accountant or financial advisor. You should also conduct your own due diligence. Nothing contained on the Website or in the Services is a recommendation, endorsement, and the Business does not recommend any product or service appearing on or discussed on the Website or through the Services.
Acceptance of these Terms
You accept these terms and conditions (the Terms) by using the Services, making payment to the Business, browsing the Website, or by creating an Account. By using, browsing, signing up to and/or making payment through 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 use of the Website and the Services immediately.
You may not use the Services and may not accept the Terms if:
you are not of legal age to form a binding contract with the Business; or
you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
By engaging the Business, you acknowledge and understand that the Business does not provide you with any tax, legal, accounting or other specialist, professional or technical advice. For further information, please read the Terms carefully.
The Business reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Business updates the Terms, it will use reasonable endeavours to provide you with notice of the same. Any changes to the Terms take immediate effect from the date of their publication. If you choose not to accept any changes to the Terms, your sole recourse will be to stop using the Services. Before you continue, we recommend you keep a copy of the Terms for your records.
Account Set Up
To access some of the Services, you are required to register for an account with the Business (the Account). You may register for an account via the Website.
As part of the registration process or as part of your continued use of the Services, you will be required to provide personal information about yourself (such as identification, contact details, payment details and other personal).
You agree that any information you give to the Business will always be accurate, correct and up to date.
You understand that by supplying the Business with your address, email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from the Business to keep you informed about the Business’s activities. If you do not wish to receive updates from the Business, you may contact the Business at email@example.com
You acknowledge and agree that due to the nature of the Services, the Business may be required to verify your identity to ensure that you are not using the Services in an illegal or fraudulent manner.
You warrant that where the Business advises you in writing that they require further verification of your identity then you will make all reasonable endeavours to comply with this request within seven (7) days of receipt of same.
You warrant that any information that you provide pursuant to this clause will be true and correct to the best of your knowledge and belief and failure to comply with this clause will warrant an immediate termination of the provision of the Services to you.
By the Business offering its Service to you, you agree and acknowledge that:
Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are inclusive of GST;
the Business may receive a commission from third parties in relation to provision of the Services to you;
the Business does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the success of the Service;
you shall remain solely responsible for assessing the implications and risks of using the Services; and
these Terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties.
You agree that:
the Business does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the information provided through the Website and Services;
the Business does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to any outcomes of your use of the through the Website and Services;
it is your responsibility to satisfy yourself as to:
any accounting classification and taxation consequences; and
the compliance with all applicable legal and regulatory provisions in relation to information provided through the Website or Services;
you shall remain solely responsible for assessing the implications and risks of using the information provided through the Website and Services;
any advice or report provided by the Business to you, whether oral or written, is given solely for your benefit and it may only be relied on and used by you in accordance with the Terms.
You acknowledge that the Business has entered into these Terms in reliance on the acknowledgements, representations and warranties given by you in these Terms.
In the event you elect to pay the Fee by way of direct debit and/or credit card and there is a chargeback by your credit provider, the Business may suspend or terminate the Services immediately. You will be charged the then current the Business administration fee, available on the Website, plus GST (Administration Fee), and you agree to pay 2% plus the Cash Rate Target set by the Reserve Bank of Australia (the Interest) on amounts which remain unpaid after thirty (30) days from the date of the tax invoice. Upon payment of the Administration Fee and Interest in accordance with the Terms, the Business may reinstate the Services to you.
The Business reserves the right to terminate or suspend your access to the Services in the event that you fail to pay any payment pursuant to the Services or any invoice sent by the Business from time to time.
If, for whatever reason, you are unsatisfied with the Services please contact the Business outlining why you believe you are entitled to a refund of any fee so that we are able to determine whether a refund should occur.
Any refunds granted pursuant to this clause will be at the Business’s absolute discretion.
Copyright and Intellectual Property
The Website, the Services and all of the related products and services of the Business (the Material) are subject to copyright. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Materials (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, lists, design elements and interactive features) (the Content) are owned or controlled for these purposes and are reserved by the Business or its contributors.
The Business retains all rights, title and interest (including copyrights, patents and trademarks) in the Material, the Content, and all related content therein. Nothing you do will transfer any interest in the Material to you, other than the grant of the licence to you in clause 8.4 below.
Whilst using the Services, the Business grants you a worldwide, non-exclusive, royalty-free, revocable licence during the relevant term to:
download the Material and the Content;
copy and store the Material and Content; and
print pages from the Website,
for your sole personal use.
The Business does not grant you any other rights whatsoever in relation to the Material and/or the Content. All other rights are expressly reserved by the Business.
You may not, without the prior written consent of the Business and the permission of any other relevant rights owner: broadcast, republish, upload to a third party, transmit, post, distribute, show or display or publish in public, adapt or change in any way the Material or Content for any purpose, other than for the purposes expressly allowed by these Terms. This prohibition does not extend to the Material and Content which are freely available for re-use or are in the public domain.
Material and Content
You may read and copy the Material and Content for your own needs, but you may not publish, resell or sub-licence it. The Business makes no guarantees, representations or warranties about the accuracy or legal correctness of any of the Material or Content.
Third Party Website
the Business works with a number of partners and affiliates whose websites or mobile phone applications may be linked with or provided by the Business and are controlled by parties other than the Business (each a Third Party Content).
The Business is not responsible and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Content, any website accessed from a Third Party Content or any changes or updates to such sites. the Business makes no guarantees about the content or quality of the products or services provided by such sites.
Any employment opportunities made available or described through the Services are delivered by third parties. By using any information, product, service, or functionality originating from the Services, you are allowing the Business to share information with any third party with whom the Business has a pertinent contractual relationship – any information necessary to facilitate its provisions of products, services, or functionality to you.
The Business’s use of your material
By engaging the Business to perform the Service, you acknowledge and agree that the Business is granted an irrevocable, perpetual, worldwide, royalty free right to use your trade mark, logo, photographs, testimonials, feedback or name for the purpose of promoting the Business or the Services, now and in the future. This includes any promotion, testimonials, marketing or advertising by way of online, in print, in social media, in competitions, advertisements, books and magazines, design publications and any other self-promotional or demonstrative purpose.
Nothing in the 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.
If you are not a Consumer (under the Australian Consumer Law), you agree that the Business has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website or the Services.
If you are a Consumer (under the Australian Consumer Law), the Business limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law.
Where there is a breach of the Consumer Guarantees, then to the maximum extent permitted by law, the Business’s liability to you is limited to resupply of the Services or payment of the cost of re-supplying the Services.
Subject to this clause and to the extent permitted by law:
the Business excludes all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
the Business will not be liable for any claims, causes of action, damage or expenses arising out of or in connection with the Website or the Services (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, in equity, pursuant to statute, or otherwise.
Limitation of liability
The Business’s total liability arising out of or in connection with the Services or the Terms, however arising, including at law, in equity, under statute, or otherwise, will not exceed the resupply of the Service to you.
You expressly understand and agree that the Business will 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 includes, but is not limited to, any loss of profit, any loss of goodwill or business reputation and any other intangible loss.
You expressly understand and agree that the Business will not be liable to you for your use of the information in the Services.
You agree to indemnify the Business from and against:
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
inaccurate or misleading information provided by you or your agent; or
any breach of the Terms.
any direct or indirect consequences of you accessing, using or transacting on the Website or the Services or attempts to do so.
This indemnity will survive termination of the Terms.
Termination of Services
The Terms will continue to apply until the deletion of your account, or until terminated by the Business as set out below.
If you elect to terminate, you must provide at least thirty (30) days’ written notice to the Business.
The Business may at any time, terminate the Terms with you if:
you have breached any provision of the Terms or intend to breach any provision;
the Business is required to do so by law;
the partner, if any, with whom the Business offered the Services to you has terminated its relationship with the Business or ceased to offer the Services to you;
the Business is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service;
the provision of the Services to you by the Business is, in the opinion of the Business, no longer commercially viable;
if you have used the Services:
in breach of any law;
in a way that is misleading or deceptive;
in a way which is unreasonable as determined by the Business at its absolute discretion; or
in a manner which can or does bring the Business into disrepute or could damage the Business’s reputation as determined by the Business at its absolute discretion.
Subject to local applicable laws, the Business reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct damages the Business’s name or reputation or violates the rights of those of another party.
Upon the termination of the customer’s account, all of the legal rights, obligations and liabilities that you and the Business have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
Governing Law and Jurisdiction
The Services offered by the Business are intended for residents of Australia. These Terms are governed by and are to be constructed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts situated in Sydney, Australia in respect of all matters arising out of or relating to these Terms, the Website, the Services and their performance.
The Business may provide any notice to you under the Terms by sending a message to your email address. The notice provided by the Business to you by email shall be deemed to have been properly given on the date the Business sends the email, regardless of whether you have received the email.
Unless specified otherwise, any notices provided by you to the Business must be in writing and be delivered either in person, or via registered post to Suite 2, 3-5 Ballinger Road, Buderim, QLD, 4556. Notices provided by registered post shall be deemed to have properly given three days after they are posted (if posted).
If any part of the Terms is found to be void or unenforceable, that part shall be severed and the rest of the Terms shall remain in force.
A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.
A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
The Business may assign or transfer its rights or obligations under the Terms without your consent.
You may not assign or transfer your rights or obligations under the Terms without prior written consent of the Business. A purported assignment without written consent will be deemed to be void and convey no rights.
These Terms have been prepared by MurdockCheng Legal Practice on behalf of the Business.
Copyright 20149- Kaia Hunter - All Rights Reserved