Terms Of Website Use
We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.
You must comply with the provisions of our Acceptable Use Policy when using our site.
It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on our site for commercial purposes without a license from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.
If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.
Reliance On Information And Links
The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
Information About You And Your Visits To Our Site
Linking To Our Site
You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Acceptable Use Policy and must be owned by you. You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. If you wish to make any use of material on our site other than that set out above, please address your request to [email protected]
Uploading To Our Site
When you upload material to our site, or make contact with other users of our site, you must comply with our Acceptable Use Policy. If you upload material in breach of our Acceptable Use Policy and we suffer loss as a result, you will reimburse us for such loss. Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
Viruses and Other Hacking Offences
You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude: All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect any liability which cannot be excluded or limited under applicable law.
Jurisdiction and Applicable Law
This policy (together with our Terms of Website Use and any other documents referred to on it) sets out the basis on which we Coaching with Kim Kent, will process any personal data we collect from you, or which you provide to us, in the course of using our site www.kimkent.com.au (“site”). For the purpose of the Data Protection Act 1998 we are the data controller.
When you use our site, there are a number of ways in which you provide information and other data to us. By using the site, you consent to us processing and collecting this data, on the terms and for the reasons which are explained below.
How Your Information Is Used
We may use your information to: • send you our newsletters from time to time. • ensure that content from our site is presented in the most effective manner for you and for your computer. • provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes. • carry out our obligations arising from any contracts entered into between you and us. • allow you to participate in interactive features of our service, when you choose to do so. • notify you about changes to our service. If you do not want us to use your information for marketing purposes, utilise the unsubscribe link in such emails, or contact us directly by emailing [email protected]
Disclosure Of Your Information
We may disclose your personal information to any of our group companies (which means our subsidiaries, our ultimate holding company and its subsidiaries, and also to third parties in the following circumstances: if we are required to do so by law, any applicable regulation or to protect the rights, property, or safety of ourselves or others. This may include disclosing to other companies and organisations in connection with fraud protection and credit risk reduction.
Access To Information
You have the right under the Data Protection Act to access the information which we hold about you. If you wish to exercise this right, please send your request to [email protected]. In order to meet our costs in responding, we will charge you a fee of $25.
Acceptable Use Policy
This is the acceptable use policy, which, together with our Terms of Website Use, sets out the terms under which we Coaching with Kim Kent allow you to use our site www.kimkent.com.au (“site”) whether you are a visitor or a registered user. All enquiries should be directed to www.kimkent.com.au. Please read the terms of this policy carefully, as by using our site you indicate that you agree to comply with and be bound by them.
Prohibited Use Of Our Site
Whether you are a visitor or registered user, you must comply with our Terms of Website Use, and use our site for lawful purposes only. In particular, you must not use our site for the uses listed (without limitation) below:-
any fraudulent activity;
any activity which breaches any applicable law or regulation, whether national or international;
any activity which may cause or result in harm to a child under 18 years of age;
sending unsolicited advertising or other content (spam), or entering into any arrangement for such material to be sent;
reproducing, selling or otherwise handling our site or its contents in breach of our terms of website use;
knowingly introducing to our site, or transmitter attempt to transmit to any other site, computer or network, viruses, trojans, worms, logic bombs or other material, code or program which is malicious or technologically harmful;
attempting to gain unauthorised access to our site, our software, our server, or any server, computer or database connected to our site; or
attacking our site via a denial-of-service attack or a distributed denial-of service attack.
Contributing And Interacting
Our site may offer users the facilities to upload or contribute content or other material, or to interact with other users. When making use of these facilities, it is your responsibility to ensure that any contribution or interaction is, as far as you are aware, factually correct, represents your honest opinion, and does not breach any applicable law or regulation.
In addition, any contribution or interaction must not include any material which (without limitation):-
is defamatory, obscene, offensive, hateful or inflammatory;
is, or refers to material which is, sexually explicit;
promotes violence, illegal activity or any form of discrimination;
infringes any other person’s copyright, database right or trade mark;
threatens, harasses, upsets, embarrasses, alarms or annoys any other person, or is likely to do so;
advocates, promotes or assists any illegal activity;
is likely to deceive any person or is made in breach of a legal duty owed to a third party (such as a duty of confidence);
invades another’s privacy or cause inconvenience or anxiety to any person;
is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
gives the impression that the material emanates from us, if this is not the case.
If we at any time use our site to provide users with any interactive service, the following moderation provisions will apply:-
we will notify users if moderation is in place, and, if so, whether the moderation is provided by a person or is automated;
if moderation is in place, we will give you a means to contact the moderator;
although we will do our best to assess any risks which such interactive service may pose, we will be under no obligation to moderate it, and we expressly exclude any liability for any loss or damage to any person caused by use of it; and
children should at all times be supervised when using the interactive services on our site, whether such services are moderated or not.
Breaches Of This Policy
Any breach of this acceptable use policy will be dealt with in the same way as breach of our Terms of Website Use, and we reserve the right to take any other action we reasonably deem appropriate, including restricting your use of our site and/or taking legal action against you. We are not liable for any loss or damage caused by any breach of this acceptable use policy.
Please check this page regularly, as we may revise this acceptable use policy at any time. We may also change or update our acceptable use policy at any time by means of notices published anywhere on our site.
PURCHASE AND REFUND POLICY
For any purchase of a coaching package, we do not offer refunds or cancellations. All contracts and purchases are binding.
For any info product purchase in a business capacity and downloadable at the time of purchase and entry, the terms are laid out per product. The guarantees provided differ per product. All purchases are binding outside of these explicit terms.
Application Of Terms And Conditions
These terms and conditions (“Terms”) apply to Coaching with Kim Kent Programs, operated by Kim Kent. By registering to be a participant in our Program, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.
The agreement between us and you, the person or entity registering to be a participant in the Program (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon your purchase of the Program and shall continue until terminated in accordance with these Terms.
Any content posted or submitted by you to our site in the course of the Program is subject at all times to the Acceptable Use Policy.
Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.
The Program content and inclusions will be provided over the course specified on the sales page and shall be delivered by a combination of online sessions, and as a downloadable product as detailed on the site.
The date and time of all online sessions are as set out on the site but are subject to change. We will provide you with as much notice of any change as is possible but we shall not be liable to you in any way for any change to such dates or times.
If you need to cancel an 1:1 Session, you should provide us with as much notice as possible (by emailing [email protected]) and we will endeavour to reschedule the session to a mutually convenient date and time.
If you provide us with less than 24 hours’ notice or fail to provide us with any notice we will be unable to reschedule the session and shall not be obliged to refund you any amounts paid in relation to such session.
If you arrive late for a 1:1 Session, the session will end at the scheduled time and we will not be obliged to refund you any amounts paid in relation to such session.
The online sessions of the Program are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Program but in the event that such content (or any content added by you or other participants in the Program) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.
You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorised use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorised use of your account.
The total price payable for the Program is as set out on the sales page before purchase.
You may choose to pay by instalments or in one lump sum and the total price payable shall depend upon which option you have chosen and shall be as set out on the Program page.
If you choose to pay in instalments, a deposit of the amount set out on the Program page is payable on registration for the Program. Further instalments will be scheduled as per the terms laid out on the Program page.
Payment is to be made by any method that is detailed on our site which may change from time to time.
Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base rate and/or (ii) suspend the availability of the Program until such time as payment is made.
The total price payable as set out in the summary of key terms is inclusive of GST (and any other applicable taxes or duties).
All payments are non-refundable outside of the terms of the guarantee associated with each individual program.
We warrant to you that the Program and Program materials purchased from us is of satisfactory quality and reasonably fit for the purpose for which the Program is supplied.
Other than as set out in paragraph above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.
We will endeavour to ensure that all information we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
We acknowledge that in the course of the Program we will have access to your confidential information and we agree not to (except in the proper course of our duties) use or disclose to any third party such confidential information. This restriction does not apply to:
(a) any use or disclosure authorised by you or required by law; (b) any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or (c) any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.
You acknowledge and agree that your personal data will be processed by and on behalf of us as part of us providing the Program to you.
We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Program and all content within the Program and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Program or the content of the Program to you or to any other person.
You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials contained in the Program.
We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the Program for the purposes for which the Program were provided only.
Except as set out in the above sentence, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
You may not without our prior written consent make any audio or visual recordings of any part of our Program.
We may from time to time record the Program being delivered during your attendance. You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent. Due to the nature of some of the work we do, we will endeavour to share only what is necessary to promote our services and nothing that would expressly identify you or any personal matter without your consent.
You acknowledge that certain information contained in the Program and Program materials is already in the public domain.
You are not permitted to sell or promote products or services to other participants in the Program at or during any part of our Program without our prior written permission.
The provisions of this paragraph on Intellectual Property shall survive termination of the Contract.
Term and Termination
The Contract shall continue until the end of the Program when the Contract shall expire other than for the Terms that are specifically stated to remain in force.
Notwithstanding the provisions of paragraph 8.1 or 8.2, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).
Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
This paragraph on Term and Termination shall survive termination of the Contract.
Where the Contract expires, this shall be treated as a termination for this purpose and all other paragraphs that refer to “termination”.
Nothing in this paragraph shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Program.
Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Program.
If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
We shall not be not liable for additional costs incurred by you as a result of changes in (i) the Program, (ii) any other content, (iii) the location of venues, (iv) the time and date of sessions or (v) trainers, instructors or coaches.
The provisions of this paragraph shall survive termination of the Contract.
You acknowledge and agree that:
The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Program (which shall be deemed to have been terminated by mutual consent);
In entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Program other than as expressly set out in the Contract.
By registering for any of our Programs you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old; and
That all information you provide us with is materially true and accurate at all times and not misleading in any way.
You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site and in the community area. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We may vary these Terms (other than the price payable by you for the Program) as we see fit from time to time and if we do, we shall notify you by email of the change of terms.
The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Western Australian law.
We each irrevocably agree that the courts of Western Australia shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).