The KN Collective
PURCHASE TERMS AND CONDITIONS - WORKSHOPS
Thank You for choosing The KN Collective.
By clicking “accept” You agree to these Terms and Conditions.
These Terms and Conditions (Terms) are a legally binding contract between you and Kemi
Nekvapil’s company, KN Collective Pty Ltd, please read them carefully.
By clicking “accept” You agree to these Terms and Conditions.
1. Purchase Services
1.1. The Website, www.kemivekvapil.com, is operated by The KN Collective Pty Ltd
(ACN: 168 152 010) of Level 1, 1113-1121 High Street, Armadale, Victoria (‘The KN
Collective’).
1.2. Access to and use of the Website, or any of its associated products or services is
provided by The KN Collective.
1.3. The Website provides you with an opportunity to browse and purchase participation
in various self-guided workshops that have been listed for sale through the Website
(the ‘Workshops’). The Website provides this service by way of granting you
access to the content on the Website (the 'Purchase Services').
1.4. You have agreed to purchase a Workshop through the Website (‘Workshop’).
1.5. These Terms and Conditions (‘Terms’) are to be read in conjunction with the
payment page (‘Payment Page’) and Workshop information page (‘Information
Page’) of the Website.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you by The
KN Collective in the user interface.
3. Personal Information
3.1. When purchasing the Workshop, you will be required to provide personal
information such as your full name, password and e-mail address.
3.2. You agree that all details that you have provided in completing the purchase are
true and correct.
3.3. Your personal information is kept in accordance with The KN Collective Privacy
Policy (‘Privacy Policy’) which is available on the Website.
4. Purchase of Workshops
4.1. In using the Purchase Services to purchase the Workshops through the Website,
you agree to the payment of the purchase price listed on the Information Page (the
'Purchase Price').
4.2. Payment of the Purchase Price may be made with debit card and credit card
through the payment providers (the 'Payment Gateway Providers').
4.3. You warrant that you have familiarised yourself with, and agree to be bound by, the
applicable Terms and Conditions of Use, Privacy Policy and other relevant legal
documentation provided by the Payment Gateway Providers.
4.4. Following payment of the Purchase Price being confirmed by The KN Collective,
you will be issued with a receipt to confirm that the payment has been received and
The KN Collective may record your purchase details for future use.
4.5. You acknowledge and agree that where a request for the payment of the Purchase
Price 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 Purchase Price.
4.6. In the event that any payment under these Terms is not made in full on the due
date, The KN Collective is entitled to charge you interest at the rate of 5% per
annum, calculated daily.
4.7. You agree that if you default on any payments due and payable under these Terms,
any costs incurred by The KN Collective for steps taken to enforce payment terms
will be recoverable and payable by you.
4.8. 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.
5. Delivery of Workshop and License Information
5.1. Each Workshop purchase grants to you access to the Workshop through Kajabi.
5.2. When you purchase a Workshop through the Website, The KN Collective grants
you a limited, revocable, non-exclusive, non-sub licensable, non-transferable
license to access and use the specific Workshop and any related software, content,
equipment or other materials for your specific, non-commercial use only (the
‘License’).
5.3. The License is valid for the term of 6 months outlined in the Workshop information
page of the relevant Workshop (‘License Term’). This means the Workshop will be
viewable via the download link for the License Term only. After this time the
Workshop will expire, and you will no longer be able to access the Workshop.
5.4. The Workshops are intended for use in a single household within the License Term
only. Sharing of your License is prohibited. This includes the sharing of any
supplemental Workshop materials, digital resources, and access to any other
aspect of the Workshop.
6. Refunds
6.1. The Workshops are non-refundable.
6.2. The KN Collective will only provide you with a refund of the Purchase Price in the
event that The KN Collective is unable to continue to provide the Services (the
'Refund').
6.3. In the event that any payment under the Terms is not made in full on the due date,
The KN Collective is entitled to charge you interest at the rate of 5% per annum,
calculated daily.
6.4. You agree that if you default on any payments due and payable under the Terms,
any costs incurred by The KN Collective for steps taken to enforce payment terms
will be recoverable and payable by you.
7. Liability and waivers
7.1. Liability
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.
7.2. Waivers
(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.
8. Warranty Period for the Workshops
8.1. The KN Collective will use its best efforts and take all reasonable steps to help you
achieve the desired results. However, The KN Collective makes no warranty that
the Workshops will meet your requirements or that all clients will achieve the same
results.
8.2. The Workshops come with guarantees that cannot be excluded under the
Australian Consumer Law. For major failures with the Workshops, you are entitled
to cancel your 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.
9. Copyright and Intellectual Property Rights
9.1. Intellectual Property Rights
(a) You agree that any works, documentation, materials, Workshop content,
creative works or information of whatever nature produced or developed by
The KN Collective or under The KN Collective's direction pursuant to or in the
course of providing the Workshop 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) There is no assignment of Intellectual Property Rights by The KN Collective to
you pursuant to these Terms.
(c) Nothing in these Terms affects the Moral Rights in any works, items, materials
or information supplied pursuant to these Terms.
9.2. Indemnification
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.
10. Disclaimer
You are solely responsible for creating and implementing your own business, career,
mental and emotional well-being, decisions, choices, actions and results arising out of or
resulting from the Workshops and interactions with The KN Collective. As such, you agree
that The KN Collective is not and will not be liable or responsible for any actions or inaction,
or for any direct or indirect result of any Workshops provided by The KN Collective.
11. Information Disclaimer
11.1. Any information, advice, content or documentation provided through the Workshop,
including in the associated blog, podcast, on the Website or on any other related
platform do not constitute psychological, career, professional, financial, business or
other advice, and are provided for general information and guidance purposes
only.
11.2. All care is taken in the preparation of the information and published materials in the
associated blog, podcast, on the Website or on any other related platform. The KN
Collective does not make any representations or give any warranties about its
accuracy, reliability, completeness or suitability for any particular purpose.
11.3. To the extent permissible by law, The KN Collective will not be liable for any
expenses, losses, damages (including indirect or consequential damages) or costs
which might be incurred as a result of the information being inaccurate or
incomplete in any way and for any reason or your reliance on the information,
advice or documentation in the associated blog, podcast, on the Website or on any
other related platform.
12. Mailing List Registration
12.1. Upon registering for the Workshops, 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').
12.2. You may unsubscribe from the Mailing List at any time by selecting the unsubscribe
option in The KN Collective’s communications.
13. Governing Law & Jurisdiction
These Terms are governed by the laws of Victoria, Australia. In the event of any dispute
arising out of or in relation to the Purchase Services or the Workshops, The KN Collective
agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia,
situated in Victoria, Australia.
14. Severance
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.
15. Marketing
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.
16. Entire Agreement and Modifications
Both you and The KN Collective confirm and acknowledge that these Terms, Information
Page, Payment Page and Website Terms and Condition of the Website constitute the entire
agreement between you and The KN Collective and shall supersede and override all previous
communications, either oral or written, between the parties.