Erin Kendal Online Courses Terms + Conditions

Effective date: 17 April 2023

OVERVIEW

This Course is owned and operated by Middle Village Trading Pty Ltd ABN 75 628 391 202 trading as Erin Kendal (‘Erin Kendal’, ‘we’, ‘our’, or ‘us’).

Please read these Terms and Conditions (‘Terms’) carefully before you purchase or otherwise access our online Course, Surface Pattern Design: Grow Your Career With an E-commerce Business (‘Membership’). These Terms, along with our Sites Terms and Conditions and our Privacy Policy (‘the Terms’), and the Terms and Conditions of the third-party payment processing provider (Stripe), govern your access to and participation to the Course.

By accessing the Course, you:

1. acknowledge that you have read, and agree to comply with and be legally bound by, these Terms; and
2. acknowledge that you have read, and agree to comply with and be legally bound by the Terms and Conditions of the third-party payment processing provider (https://stripe.com/); and
3. warrant that you are over 18 years of age and have the legal capacity to enter into a binding contract.

We reserve the right to modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to initial use as well as periodically throughout your use of our Course. If at any time you choose not to accept these Terms, you should discontinue your use of our Course.

By continuing to access this Course, you are deemed to accept any future amendments to these Terms. If you are uncertain about the Terms or anything else on our Sites, please don’t hesitate to contact us before completing any purchase. 

COURSE ACCESS 

You may apply to access the Course by paying the Course Fee on our Sites erinkendal.com or erin-kendal.mykajabi.com/ (‘Site'). You agree to provide accurate, current, and complete information about yourself as requested or directed and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your Course access if we suspect that such information is inaccurate or incomplete. We also reserve the right to deny your Course application for any reason.

Your access to the Course commences when you pay the price as displayed on our Sites and in accordance with these Terms (‘Course Fees’). Your Course continues until terminated under these Terms or the Course is discontinued. We will provide you with seven (7) days’ notice should we plan to discontinue the Course.

To access the Course, you may be required to create an account. In doing so, you must provide accurate information, including your name, your business name (if applicable), address, a valid email address, and contact number. You must also be at least 18 years old. You agree to update this information if and when it changes. You are solely responsible for the activity that occurs on your account, so please keep your account password secure. 

COURSE FEE

The Course Fee is payable in full upfront to access the Course. 

All payments are managed by a Third Party Payment Processor (Stripe) and as such, when joining the Course you also accept Stripe’s Terms and Conditions.

REFUNDS AND CANCELLATIONS

The Course Fee is non-refundable except as required by law or at our sole discretion. We do not provide refunds simply because your situation has changed or you have changed your mind.

COURSE ENTITLEMENTS

From time to time, we may provide you with certain benefits, such as products, programs, workshops, or other memberships, which may be provided by third parties. We do not offer any guarantees regarding these benefits, including their accuracy or quality, the duration for which they are available or that they are suitable for your purposes.

During the Course, you may also be invited to participate in an online group. In order to be admitted and retain access to the group, you will be required to comply with its rules, including the rules provided by the hosting platform. If you breach the rules of the online group, your access to the group will be revoked, and, depending on the severity of the breach, your access to the Course may also be revoked.

We reserve the right to cease operating any associated online group with 7 days’ notice to you.

COMPLAINTS

We are committed to your enjoyment of and satisfaction with the Course. Should you have any concerns or be dissatisfied in any way, please contact us via email [email protected] and include:

1. your name;
2. the email address you used to apply for the Course;
3. details of your concern or complaint;
4. details of what you would like us to do to resolve the matter; and 
5. copies of any relevant correspondence.

We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.

You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media.

Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.

INTELLECTUAL PROPERTY RIGHTS

As part of the Course, you will have access to certain materials, including programs, workbooks, forms, templates, precedents, webinars, digital products, and other content (‘Materials’). We retain ownership of all Intellectual Property Rights (including copyright) in the Course and the Materials.

To the extent required for participation in the Course, you are granted a non-exclusive, non-transferable, single-use, limited license to access and use the Materials for your own personal use, and you agree not to:

1. modify the Materials; 
2. copy or share the Materials or in any way cause or allow them to be copied or shared; 
3. assign or transfer your membership of the Course to any other person without our express written consent; or
4. sublicense, publish, sell, or provide the Materials to, or otherwise allow them to be used by third parties.

Your use of the Materials may also be subject to our Sites Terms and Conditions and Privacy Policy.

If you infringe our Intellectual Property Rights, we reserve the right to terminate your access to the Membership and the Materials without refund and pursue legal remedies. 

For any intellectual property that you provide us with through your membership to the Course (‘Member Content’), you warrant that you are the owner of this intellectual property and indemnify us against any claim made by a third party arising out of any breach of intellectual property rights from our use of the Member Content (including distribution for promotional purposes).

By participating in the Course, you grant us a non-exclusive, irrevocable, royalty-free, perpetual license to use and reproduce your Member Content for the purposes of promoting the Course.

COURSE PROMOTION

Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Sites and social media channels, or any other avenue, for promotional and other purposes at our discretion.

You acknowledge that part of your Course may include recording (in audio and/or video format) your participation in the Course, where you may feature prominently. These recordings are both for the purposes of providing the Course and for us to use in our promotional material to market the Course. You consent to our use of these recordings without restriction, including but not limited to our ability to modify, publish, reproduce or distribute them at our discretion.

By participating in the Course, you grant us a non-exclusive, irrevocable, royalty-free, perpetual license to use and reproduce your Member Content for the purposes of promoting the Course.

TERMINATION

We reserve the right to terminate your access to the Course with immediate effect if:

1. you infringe our Intellectual Property Rights;
2. you engage in conduct that is injurious or potentially harmful to our reputation;
3. you disclose Confidential Information without consent;
4. your actions are contrary to our interests; 
5. we consider that mutual trust and/or confidence no longer exists; or
6. you fail to comply with any of the other provisions of these Terms or otherwise breach any undertaking, warranty or obligation under these Terms.

If we terminate your access to the Course, we may, at our sole discretion, refund any balance of the Course Fee already paid by you.

CONFIDENTIALITY

You agree to respect our privacy and confidential information, which includes information relating to our business, finances, operations, marketing strategy, administration, technology, clients, customers, employees, contractors, or suppliers, along with our intellectual property and other information relating to trade secrets, know-how, systems, and processes. Accordingly, unless you have our prior written consent, you will keep any information we choose to share confidential. This also applies to the privacy and confidential information of other Members. We will not disclose any information you provide except as set out in these Terms. 

However, these obligations of confidentiality do not apply to any disclosure that:

1. is for the purpose of performing the Terms or exercising a party’s right under the Terms;
2. is required by Applicable Law; or
3. relates to Confidential Information that is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction or breach of any obligation of confidence.

PROHIBITED USE

In addition to any other prohibitions, you must not under any circumstances access or otherwise use the Course or its content: 

1. for any unlawful purpose; 
2. if you or your business in any way competes with our business;
3. to solicit others to perform or participate in any unlawful acts; 
4. to violate any international, federal, or state regulations, rules, laws, or local ordinances; 
5. to attempt to change, remove, or otherwise interfere with the Course or any of its Materials; 
6. to infringe upon any other person's proprietary rights; or
7. to send any unsolicited advertising or promotional material, commonly referred to as 'spam'.

WARRANTIES AND INDEMNITIES

We provide the Course and its content on an ‘as is’ basis, and do not guarantee any specific results from your participation. Your experience will depend on your own commitment, motivation, and intent to follow through. Any examples of previous participants’ experiences, including reviews, testimonials, or other statements, are provided for illustrative purposes only and are simply examples of what can be possible. 

You agree that you engage in the Course at your own risk.

Except as expressly permitted by law, we cannot be held liable for:

1. any loss or damage that you may suffer as a result of your participation;
2. your inability to participate in the Course for any reason;
3. your failure to maintain the security of your login details that enable you to access the Course;
4. the statements or conduct of any third party; or
5. your reliance on the suggestions or recommendations of any third party or Course participant.

You agree to indemnify us against any loss or damage, including legal costs, related to your breach of these Terms. 

EARNINGS DISCLAIMER

Every effort has been made to accurately represent our Courses and Membership and the educational value they provide. However, there can be NO assurance that any prior experience, success, or results can be used as an indication of your future success or results. Any income-generating endeavor requires significant effort, dedication, and time. Our Courses and Membership are designed to provide guidance and support, but they are not "get-rich-quick" schemes.

While we share strategies and methods that have worked for others (not just Erin), individual results will vary based on a variety of factors over which we have no control, including but not limited to changes in the market, economic conditions, your own commitment and effort, experience, intent to follow through, and educational background. Therefore, we make no representations or warranties that our programs will meet your specific needs or achieve your desired outcomes.

Any examples of previous participants’ experiences, including reviews, testimonials, or other statements, are provided for illustrative purposes only, and are simply examples of what can be possible. There is no guarantee that you will earn any money using the techniques and ideas in these materials, and we make no guarantees or warranties of any kind, express or implied.

Testimonials and examples of past success by our members are voluntary and not indicative of future results. These testimonials represent individual experiences and do not guarantee that you will achieve the same or similar results. Any claims made of actual earnings or examples of actual results can be verified upon request.

It is your responsibility to perform due diligence before making any decisions based on the information provided through our Courses and Membership. We encourage you to seek advice from qualified professionals if you have any concerns about the suitability of our programs for your specific situation.

AFFILIATE DISCLOSURE

Some of our members and partners may promote our Courses and Membership through affiliate links. These affiliates may receive a commission for referring customers to us. This does not affect the price you pay and helps support the ongoing provision of valuable content and services. We expect our affiliates to comply with applicable laws and regulations regarding marketing and endorsements.

INFORMATION AND ADVICE

Any content or information provided in the Course is of a general nature only and does not constitute professional advice. We do not purport to be legal or medical practitioners, financial advisors, or any other type of licensed professional and cannot be held liable for any reliance on the information we provide through the Course. No part of the Course is a substitute for obtaining advice that is specific to your individual circumstances from a qualified professional. 

You are responsible for determining whether the Course is right for you. We reserve the right to terminate or suspend your access to the Course at any time should we believe that it is not appropriate for you, or that further professional advice should be sought.

Any reference to other products or services, programs, memberships, processes, or other information appearing within the Course does not constitute or imply our endorsement, sponsorship, or recommendation in any way.

PRIVACY POLICY

When you apply to take part in the Course, and during your participation, you may be required to provide us with certain personal information (such as contact details) and sensitive information (such as information about your health or finances).

Your privacy is extremely important to us. We will only use your personal information in order to provide you with the Course Entitlements and to communicate with you about the Course. Where you wish to withdraw your consent from email communications, you may simply unsubscribe. Your information will be dealt with in accordance with our Privacy Policy, which is accessible here: erinkendal.com/privacy-policy

ELECTRONIC SIGNATURE

These Terms will become binding when you agree to these Terms, including by clicking 'I consent' or 'I agree' or similar, or by purchasing and/or commencing the Course.

VALIDITY

Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. 

ASSIGNMENT

You cannot assign these Terms, or otherwise deal with the benefit of them or any rights under them, without our prior written consent. We reserve the right to assign or novate the Terms, or otherwise deal with the benefit of them or rights under them, without your consent.

ENTIRE AGREEMENT

These Terms constitute our entire agreement with you about the Course and supersede all previous agreements, understandings, and negotiations.

GOVERNING LAW AND JURISDICTION

The performance and enforcement of these Terms will accord with the laws in force in the State of Victoria in Australia where we are located. You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.