The Gift of Asking Program Clickwrap Terms and Conditions
Thank You for choosing to the KN Collective. These Terms and Conditions govern the relationship between us.
By clicking “accept” You agree to these Terms and Conditions.
These Terms and Conditions (Terms) are a legally binding contract between you and The KN Collective Pty Ltd, please read them carefully. The Terms are read together with the information
on the Enrolment Page (the Enrolment Page) and Program Information Page of the website (Information Page). The Information Page can be accessed via the website.
You are the Client, and your details are set out on the Enrolment Page of the website.
The KN Collective Pty Ltd (ACN: 168 152 010) of Level 1, 1113 – 1121 High Street, Armadale, Victoria (The KN Collective).
The KN Collective offers a unique program titled The Gift of Asking (The Gift of Asking Program), where participants explore their wants and needs and step into a life that honours them while learning to own their unique voice and take meaningful action (The Gift of Asking Program is referred to throughout as the Services). You have engaged The KN Collective to
provide the Services.
2. The Engagement
2.1. The KN Collective agrees to provide the Services for You, for the Fee, Terms and on the Date/s as set out on the Information Page.
2.2. The KN Collective agrees to provide the Services on the Commencement Date, upon acceptance of these Terms by You, and upon payment of the required Fee by You.
2.3. The Commencement Date is the date of payment by you.
2.4. The Services will be provided online.
3.1. You agree to pay The KN Collective the Fee as set out on the Enrolment Page.
3.2. You agree to pay the Fee via the payment method provided.
3.3. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are
GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the Services are provided outside Australia, GST is inapplicable.
4. Cancellation and Termination
4.1. The Services are non-refundable.
4.2. The KN Collective reserves the right to terminate Your involvement in the Services for breach of these Terms with 7 days’ notice by email.
5. Delivery of The Gift of Asking Program and License Information
5.1. Each purchase of the Services grants to You access to The Gift of Asking Program through Kajabi.
5.2. When You purchase The Gift of Asking through the Website, The KN Collective allows You to access and use the program and its related content and materials for Your personal purposes by granting to You a limited, revocable, non-exclusive,
non-sublicensable, non-transferable license for Your specific, non-commercial use only (the ‘License’).
5.3. The Licence is valid for 6 months (‘License Term’). This means The Gift of Asking Program will be viewable via the download link for 6 months. After this time the program will expire, and you will no longer be able to access The Gift of Asking Program.
5.4. The Gift of Asking Program is intended for use only by the person registered within the License Term only. Sharing of your License is prohibited. This includes the sharing of any program materials, booklets, and access to any other aspect of the
6. Warranty Period for the Services
6.1. The KN Collective makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results.
6.2. The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, You are entitled to cancel Your Service contract with The KN Collective 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.
7.1. You are solely responsible for creating and implementing Your own personal, career, business, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services. As such, You agree that The
KN Collective is not and will not be liable or responsible for any actions You take or Your inaction, including effects on Your business, personal life or career, or for any direct or indirect result of the Services provided by The KN Collective.
8. Liability and waivers
The KN Collective’s total liability arising out of or in connection with the 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 Services to you.
(a) A waiver of any right, power or remedy under these Terms 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.
(b) The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.
9. Disclosure and Use of Confidential Information
9.1. All obligations of confidence set out in these Terms continue in full force and effect after completion of services.
9.2. The KN Collective will not disclose any Confidential Information provided by You to The KN Collective to any third party without your prior consent.
9.3. These Terms prohibit the disclosure of Confidential Information by The KN Collective except in the following circumstances:
(a) when the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms and You have consented to the disclosure of such information to the professional adviser;
(b) when the disclosure is required by applicable law or regulation; or
(c) if the confidential information is already in the public domain through no fault of
The KN Collective.
10. Copyright and Intellectual Property Rights
10.1. Intellectual Property Rights
(a) You agree that any works, items, materials or information of whatever nature produced or developed by The KN Collective or under The KN Collective's
direction pursuant to or in The Gift of Asking Program or in providing the Services will remain the sole and complete property of The KN Collective, whether such property is tangible or is in the nature of industrial and
Intellectual Property Rights (including copyright and rights of Confidential Information).
(b) If You have fully complied with these Terms and if the works, items, materials or information referred to in clause 10.1(a) have been produced by the KN
Collective as part of the Services, the KN Collective grants to You a non- exclusive and non-transferable license to use such works, items, materials and
information for Your personal purposes.
(c) There is no assignment of Intellectual Property Rights by The KN Collective to You under these Terms.
(d) Nothing in these Terms affects the moral rights in any works, items, materials or information supplied according to these Terms.
You hereby indemnify and agree to keep indemnified The KN Collective against all liability, losses or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied.
If You breach the copyright of The KN Collective, You agree to indemnify the KN Collective. That means You will pay for any losses suffered by The KN Collective (including reasonable lawyer’s fees) that arise from Your breach of copyright in the works, items, materials or information supplied as part of the Services.
11. Force Majeure
11.1. If circumstances beyond The KN Collective’s control prevent or hinder its provision of the Services, The KN Collective is free from any obligation to provide the Services while those circumstances continue. The KN Collective may elect to terminate these Terms or keep the Terms on foot until those circumstances have
11.2. Circumstances beyond The KN Collective’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or
orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
11.3. For the sake of clarity, if in The KN Collective’s reasonable opinion, the provision of the Services will be affected by a COVID-19 pandemic, The KN Collective may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, The KN Collective will not be liable for any losses or damage due to a
COVID-19 pandemic. If You choose to terminate due to a COVID-19 pandemic, clause 4 will apply.
12. Dispute Resolution
We hope that a dispute between us does not arise, however in the unlikely event that it does, the following clause will apply.
12.1. If a dispute arises out of or relates to these Terms, You and The KN Collective may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is
12.2. A party to these Terms claiming a dispute (the 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 (the
12.3. On receipt of the Notice by the other party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or other mutually agreed means.
12.4. If for any reason, 21 days after the date the Notice was served, the Dispute has not been resolved the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Victoria.
12.5. It is agreed that mediation will be held in Victoria, with the venue to be agreed.
12.6. The parties agree to be equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and 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.
12.7. All communications concerning negotiations made by the parties are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
12.8. In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute.
You agree that any testimonials that may be provided by you from time to time may be used by The KN Collective for marketing purposes.
14. Mailing List
14.1. Upon registering for The Gift of Asking Program, You are agreeing to receive promotional material, updates and other content from The KN Collective, and You will be registered for The KN Collective Mailing List (the Mailing List).
14.2. You may unsubscribe from the Mailing List at any time by selecting the unsubscribe option in The KN Collective’s communications.
15. No partnership or agency
Nothing contained or implied in these Terms will create or constitute, or be deemed to create or constitute, a partnership between You and The KN Collective. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
16. Governing Law Jurisdiction
16.1. The KN Collective is located in Victoria and these Terms are governed by the laws of Victoria, Australia.
16.2. In the event of any dispute arising out of or in relation to the Services, the parties agree that the exclusive venue for resolving any dispute shall be in the courts of
Australia, situated in Victoria, Australia.
If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
18. Entire Agreement and Modifications
Both You and The KN Collective confirm and acknowledge that these Terms, The Gift of Asking Program Terms & Conditions, the Enrolment Page and Information Page of the website constitute the entire agreement between You and The KN Collective and supersede and override all previous communications, either oral or written, between You and The KN Collective.