1. About the Website
1.1 Welcome to www.kateboyden.com (the 'Website'). The Website, together with various forms of social media handles currently operated by Kate Boyden (‘Related Social Media’) and electronic mail will from time to time offer, market, promote and sell a variety of online, in person, private, individual and group coaching and mentoring services (the 'Coaching and Mentoring Services') and products (the ‘Products’).
1.2 The Website is operated by Kate Boyden on behalf of MDL Coaching Group Pty Ltd. Access to and use of the Website, or any of its associated Products or Services, is provided by Kate Boyden. 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 access to and usage of the Website, or any of the Coaching and Mentoring Services, immediately.
1.3 Kate Boyden and reserves the right to review and change any of the Terms by updating this page at her sole discretion. When Kate Boyden updates the Terms, she and/or her employees, agents and contractors 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. Before you continue, we recommend you keep a copy of the Terms for your records. You can contact Kate and her team via the following ’Contact Me’ link from the Website for further information: http://kateboyden.com/contact.
1.4 Unless otherwise expressly stated by Kate Boyden or any of her employees, agents or contractors, any information, recommendations or advice provided on the Website, by electronic mail, via any Related Social Media or via any Coaching and Mentoring Services or Products marketed on the Website, by electronic mail or via Related Social Media by Kate Boyden or her employees, agents or contractors, is not prepared as, nor intended to be interpreted as, or in any way a substitution for, professional legal, medical, financial or investment advice. You acknowledge and accept that Kate Boyden does not hold a current NSW Law Society practising certificate, any professional medical qualifications, or an Australian Financial Services licence. You are advised to always seek your own professional advice before implementing any advice, information or recommendations from the Website, electronic mail, Related Social Media or any Coaching and Mentoring Services or Products.
1.5 Testimonials published by Kate Boyden or her employees, agents or contractors are independent and genuine, but do not represent any warranty or guarantee of similar results for other persons. Stock images and initials are used to protect the safety and privacy of those kind enough to share their testimonials here.
2. Acceptance of the Terms
You accept the Terms of this agreement by remaining on the Website.
3. Website, Related Social Media and Blog Comments Policy
3.1 While comments to blogs, Website material and Related Social Media posts are welcomed and actively encouraged, Kate Boyden reserves the right, in her sole discretion, to edit or remove any comments, third-party links or personal signatures attached to any comments you leave on blogs, the Website or any Related Social Media posts.
3.2 Personal attacks, threatening, abusive, defamatory, derogatory, offensive or pornographic remarks, criticism, bullying and harassment on the Website, Related Social Media, Coaching and Mentoring Services or Products will not be tolerated. Nor will any comments that are made in breach of confidence or privacy or those that are liable to incite hatred (collectively, ‘Offensive Comments’). If you become aware of any Offensive Comments before we do, please contact us urgently via email email@example.com so that appropriate action can be taken to immediately remove the Offensive Comments and immediately and indefinitely block, restrict, suspend, deny or revoke all access of the person making the Offensive Comments to the Website, Related Social Media, Coaching and Mentoring Services and Products.
3.3 Kate Boyden or her employees, agents or contractors are not required to issue the author of any Offensive Comments with any form of warning or prior notification that their access to the Website, Related Social Media, Coaching and Mentoring Services and Products will be immediately and indefinitely blocked, restricted, suspended, denied or revoked.
3.4 For the avoidance of doubt, Kate Boyden shall not be held liable to any author of Offensive Comments for any loss of money or opportunity suffered by the author of Offensive Comments as a result of their access to any Website content, Coaching and Mentoring Services, Products or Related Social Media being immediately and indefinitely blocked, restricted, suspended, denied or revoked by Kate Boyden or any of her employees, agents or contractors.
3.5 Anonymous comments will not be published on the Website, Related Social Media or any Coaching and Mentoring Services or Products. If you are not prepared to attach your real name and your personal brand to your comments, please keep them to yourself. This is a space for connection, authenticity, integrity, and trust.
3.6 The author of any comment that is made on the Website, Related Social Media, Coaching and Mentoring Services or Products remains solely responsible for the legal or other consequences of his or her comments. Please remember that your comments become a permanent part of your online presence and that they can also appear indefinitely in search engine results. You are encouraged to always consider your online reputation, legacy and personal brand prior to writing any comments.
3.7 Kate Boyden and her employees, agents and contractors reserve the right to exercise editorial discretion at all times and to retain any comments that are posted as permanent Website or Related Social Media content.
3.8 By adding any content or comments to the Website or Related Social Media, electronic mail, Coaching and Mentoring Services or Products, or posting or making comments during any webinars, seminars or workshops conducted by Kate Boyden, you grant Kate Boyden non-exclusive, royalty free, irrevocable, worldwide and transferable right and license to use that content in any way without limitation, and you permit Kate Boyden or her employees, agents and contractors acting on her behalf, to authorise any other person to do the same thing. You acknowledge and accept that you may or may not be attributed as the contributor of such content or comment.
3.9 In the event that you want or need to remove any comment you have previously made on the Website, Related Social Media, electronic mail, Coaching and Mentoring Services or Products as a result of court orders or for the safety or security of yourself or your loved ones, please contact us urgently with this request via email (firstname.lastname@example.org).
4. No Spam
4.1 You acknowledge and agree that the provision of email addresses and contact forms by Kate Boyden and her employees, agents and contractors on the Website, electronic mail, Related Social Media or any Coaching and Mentoring Products or Services does not imply any form of consent to unsolicited commercial electronic messages or SPAM.
4.2 We delete SPAM. We have filters in place that automatically catch the majority of automated SPAM comments. Any SPAM or other promotional material that slips through those filters will also be deleted immediately.
4.3 If you send unsolicited SPAM to Kate Boyden or any of her employees, agents or contractors, she reserves the right in her sole discretion to immediately block, restrict, suspend, deny or revoke your access to the Website, Related Social Media, electronic mailings and all Coaching and Mentoring Services and Products.
5. Registration to use the Services
5.1 In order to access any Online Coaching and Mentoring Services offered by Kate Boyden, you may be required to first register for an account through the Website (the 'Account').
5.2 As part of the registration process, or as part of your continued use of the Website, Related Social Media, Coaching and Mentoring Services or Products, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to:
(a) first name;
(b) last name;
(c) email address;
(d) residential address; and
(e) phone number.
5.3 You warrant that any information you provide to Kate Boyden or her employees, agents or contractors in the course of completing the registration process will always be accurate, correct and up to date.
5.4 Once you have completed the registration process, you will become a registered subscriber of the Website (a 'Subscriber') and you agree to continue to be bound by the Terms.
5.5 You may not use the Coaching and Mentoring Services or Products and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Kate Boyden; or
(b) you are a person barred from receiving the Coaching and Mentoring Services or Products under the laws of Australia or other countries including the country in which you are resident or from which you use the Coaching and Mentoring Services or Products.
6. Your obligations as a Subscriber
6.1 As a Subscriber, you agree to comply with the following:
(a) you will use the Coaching and Mentoring Services and Products only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your access to the Coaching and Mentoring Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Kate Boyden of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Kate Boyden providing the Coaching and Mentoring Services;
(e) you will not use the Coaching and Mentoring Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by Kate Boyden;
(f) you will not use the Coaching and Mentoring Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in immediate termination of your access to the Website and/or any of the Coaching and Mentoring Services. Appropriate legal action will be taken by Kate Boyden for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or any of the Coaching and Mentoring Services offered by Kate Boyden is strictly prohibited.
7.1 Where the option is given to you, you may make payment for Coaching and Mentoring Services (the 'Services Fee') by way of Credit or Debit Card Payment ('Credit Card') via the Stripe payment gateway unless otherwise agreed in advance with Kate Boyden or one of her employees;
7.2 All payments made in the course of your use of the Coaching and Mentoring Services are made in advance. In using the Website, the Coaching and Mentoring Services or when making any payment in relation to your use of the Coaching and Mentoring Services, you warrant that you have read, understood and agree to be bound by the Stripe (as applicable) terms and conditions which are available on their websites.
7.3 You acknowledge and agree that where a request for the payment of any Services Fee owing to Kate Boyden is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
7.4 You agree and acknowledge that Kate Boyden can vary the Services Fee at any time.
8. Refund Policy
Kate Boyden will only provide you with a refund of the Services Fee in the event Kate Boyden is for whatever reason unable to continue to provide the Coaching and Mentoring Services or if Kate Boyden makes a decision, in her absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
9. Copyrights and Intellectual Property
9.1 The Website and all of the related products of Kate Boyden are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Coaching and Mentoring Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Coaching and Mentoring Services are owned, licensed or controlled for these purposes, and are reserved by Kate Boyden or its contributors.
9.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Kate Boyden who grants to you a worldwide, non-exclusive, royalty-free, non-transferable, revocable license to:
(a) use the Website pursuant to the Terms and conditions set out in this Agreement;
(b) access the Website using a publicly available web browser commonly used to view websites;
(c) copy and store the Website and the material contained in the Website in your
device's cache memory; and
(d) print pages from the Website for your own personal and non-commercial use.
Kate Boyden does not grant you any other rights whatsoever in relation to the Website or the Coaching Services. All other rights are expressly reserved by Kate Boyden.
9.3 Kate Boyden retains all rights, title and interest in and to the Website and all related Coaching and Mentoring Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
9.4 You may not, without the prior written permission of Kate Boyden 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 Coaching and Mentoring Services or third party Coaching and Mentoring Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
10. Links to Third Party Websites
12. General Disclaimer
12.1 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.
12.2 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 the Terms are excluded; and
(b) Kate Boyden will not be liable for any special, indirect, incidental or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from Kate Boyden’s failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website, the Coaching Services, Products or these Terms or your inability to use or access the Website (including as a result of not being able to use the Coaching and Mentoring Services or Products or the late supply of the Coaching Services or Products), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
12.3 For the avoidance of doubt, nothing in these Terms limits or restricts your ability to make a claim that may be available to you for the failure of Kate Boyden to comply with a guarantee under the Australian Consumer Law.
12.4 Use of the Website, the Coaching and Mentoring Services, Programs and materials and files on the Website, electronic mail and Related Social Media is at your own risk. Everything on the Website, electronic mail, Related Social Media and all of the Coaching and Mentoring Services and Products are provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Kate Boyden or MDL Coaching Group Pty Ltd make any express or implied representation or warranty about the Website, Products or Coaching and Mentoring Services (including the Products or Coaching Services of Kate Boyden) referred to on the Website, electronic mail or Related Social Media. 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, and failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of or interference with data, hardware or software, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, completeness, quality, suitability, fitness for purpose or currency of any information included on the Website, the Coaching and Mentoring Services or Products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Coaching and Mentoring Services or any of the products of Kate Boyden; and
(e) the Website, Coaching and Mentoring Services, Products or their operation in respect to links, which are provided for your convenience.
Prior to using any downloaded files from the Website, electronic mail or Related Social Media, you are advised to carry out an appropriate virus check.
13. Limitation of liability
13.1 Kate Boyden's total liability arising out of or in connection with the Coaching and Mentoring Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the relevant Coaching and Mentoring Service to you.
13.2 You expressly understand and agree that Kate Boyden, her affiliates, employees, agents, contributors 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 allergy, intolerance, illness, disability, loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
14. Termination of Contract
14.1 The Terms will continue to apply until terminated by either you or by Kate Boyden as set out below.
14.2 If you want to terminate the Terms, you may do so by:
(a) providing Kate Boyden with 14 days notice of your intention to terminate; and
(b) closing your accounts for all of the Coaching and Mentoring Services, which you use, where Kate Boyden has made this option available to you. Your notice should be sent, in writing, to Kate Boyden via the following 'Contact' link www.kateboyden.com/contact.
14.3. Kate Boyden may at any time, suspend, deny or terminate your access to the Website, related social media, the Coaching and Mentoring Services and the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Kate Boyden is required to do so by law;
(c) the provision of the Coaching and Mentoring Services to you by Kate Boyden is, in the opinion of Kate Boyden no longer commercially viable.
14.4 Subject to local applicable laws, Kate Boyden reserves the right to discontinue or cancel your Subscription at any time and may suspend or deny, in her 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 impacts Kate Boyden’s name or reputation or violates those or the rights of another party.
15.1 You agree to indemnify Kate Boyden, her 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 Website content; any Coaching and Mentoring Services; or any products or programs relating thereto;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
16. Dispute Resolution
16.1 Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
16.2 Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
16.3 Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in New South Wales, Australia.
16.4 Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
16.5 Termination of Mediation: If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
17. Venues and Jurisdiction
Kate Boyden is based in NSW, Australia. In the event of any dispute arising out of or in relation to the Terms, the Website or the Coaching Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
18. Governing Law
The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.
If any part of these Terms is found to be invalid, void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in full force and effect.
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