Standard Purchase Terms & Conditions for All Experience Programs

Provided by KPG Mac Pty Ltd and all entities  

These terms and conditions apply to Services provided by KPG Mac Pty Ltd and all Entities

These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Experience Programs.  Please read these terms and conditions carefully before purchasing an Experience Programs and print off a copy for your records.

If there is any conflict between our Website Disclaimer, these terms and conditions and any Program Specific Terms and Conditions which might apply to a specific Experience Program then the conflict shall be resolved by applying the following order of priority:

  1. Program Specific Terms and Conditions;
  2. These Standard Terms for the Purchase of Online Programs;
  3. Website Disclaimer.

For purchases via our website or digital marketing channels, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you.  If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us. 

1. Definitions

“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Program Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

“Program Materials” means the information provided by KPG Mac Pty Ltd and all Entities to accompany a Program provided as part of the Services in electronic form.

“Fees” means the fees paid by you to KPG Mac Pty Ltd and all Entities for the Services.

“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Experience Program” means the delivery by us of an Experience Program pursuant to which you learn Program materials remotely.

“Services” means the provision of the Experience Program and/or the

Group Coaching Experience Program, Consultation and/or the Program Materials together with such other services as agreed from time to time and purchased by you through the Website or digital marketing channels.

“Group Coaching Experience Program” means a Program whereby there is a setting in which a group of people come together to learn, be coached and build a supportive community of peers. 

“Consultation” means any individual or private coaching time. 

“Website” means https://mindandbodyarchitect.com/ “you” means the individual purchasing the Services.

2. The Services

2.1. A description of the Services are available on our Website.  We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.

2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.

2.3 We expect you to confirm that the Services you are purchasing will meet your needs.  

2.4. The results are dependent on you – commitment to setting aside to follow the process, prioritise doing the work and taking the relevant actions asked. If this is taken within 5 days from purchase (or official start of the Experience Program) and is maintained then each Experience Program will shift mindsets, beliefs and behaviours towards the specific outcome outlined. We do not make any guarantee to you that you will obtain a particular result if you don’t make the effort and take responsibility to complete the Services purchased.

  1. Ordering Services

Purchasing Services via the Website

3.1. In order to purchase any of the Services online you must register your contact information with us via the Website or digital marketing channels.  If you purchased an online evergreen Program with us you can log into your account using your username and password.

3.2. When you place an order for a Service via the Website, or digital marketing channels you are offering to purchase the Services on these terms and conditions.  KPG Mac Pty Ltd and all Entities reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.4 below.

3.3. Following electronic confirmation of your order for Services via the Website or digital marketing channels we will send you a receipt of your order, electronically. 

3.4. A legally binding agreement between us and you shall come into existence when we have :

  • accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
  • received payment of the relevant Fees from you in accordance with clause 5 below.
    • Where your order consists of multiple Experience Programs or multiple Programs, each individual Program will be treated by us as a separate offer to purchase.
    • KPG Mac Pty Ltd and all Entities does not and is not responsible for booking any individual Consultation times. This is your responsibility. If you do not book by the allocated deadlines then there is no extension of this service, we accept no responsibility for you not booking the allocated number of Consultations within the allocated timeframes. This Service will not be credited to you past the relevant deadlines.

4. Cancellation and Variation

4.1. If you have purchased an Experience Program, you will be eligible for a refund of your purchase of the Service if you show that you have started the program within 5 days from the date of purchase (or official start of the Experience Program) and you have fully completed all of the training videos, learning actions and/or attended at least 70% of the Group Coaching Experience Program by the end of the program (on or before the countdown timer reaches zero) and you can show proof by providing proof of your actions and reasons why you didn’t see results via email to KPG Mac Pty Ltd and all Entities. We have 30 days to determine the eligibility of a refund based on investigation of facts. You will be contacted via email by our support team.

4.2. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of Program dates will be at the entire discretion of KPG Mac Pty Ltd and all Entities.

5. Fees

5.1. The Fees for the Services shall be as set out on the Website or digital marketing channels as at the time you placed an order for them. 

5.2. Unless otherwise specified at the time you purchase the Services the Fees are inclusive of federal, state or local taxes. 

5.3. All Fees shall be payable to KPG Mac Pty Ltd and all Entities. 

5.4. Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of purchase.  Fees must be paid in full prior to you attending any KPG Mac Pty Ltd and all Entities Program or accessing any Experience Program, unless you committed to a payment plan and have made at least 1 installment.  A higher fee is charged for those who choose payment plans than with pay in full purchases.

5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and KPG Mac Pty Ltd and all Entities shall not be responsible for these.

5.6. You shall be responsible for all costs you incur in connection with your attendance at LIVE KPG Mac Pty Ltd and all Entities Trainings or your access onto any KPG Mac Pty Ltd and all Entities Experience Program.

6. Liability

6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of medical advice and as such KPG Mac Pty Ltd and all Entities disclaims warranties of every kind related but not limited to psychological and medical personal injury, damages, loss or death. You agree to use this Experience Program and Services at your own risk.

6.2. Although KPG Mac Pty Ltd and all Entities aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programs or Program Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue , goodwill, or emotional reactions to Program content (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.  No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

6.4. KPG Mac Pty Ltd and all Entities’ total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant KPG Mac Pty Ltd and all Entities Experience Program or KPG Mac Pty Ltd and all Entities Group Coaching Program, Consultation in relation to which a dispute has arisen.

6.5. No claim may be brought more than six months after the last date on which the Services concerned have been purchased, finished or ceased to be provided by us.

7. Intellectual Property

7.1. All Intellectual Property Rights in the KPG Mac Pty Ltd and all Entities Program Materials, KPG Mac Pty Ltd and all Entities Experience Programs and the speeches made by trainers at the KPG Mac Pty Ltd and all Entities Group Coaching Programs are, and remain, the intellectual property of KPG Mac Pty Ltd and all Entities or its licensors, whether adapted, written for or customised for the Client or not.

7.2. You are not authorised to:

  • copy, modify, reproduce, republish, sublicence, sell, upload, broadcast, post, transmit or distribute any of the KPG Mac Pty Ltd and all Entities Program Materials without prior written permission;
  • record on video or audio tape, relay by videophone or other means the KPG Mac Pty Ltd and all Entities Experience Program or KPG Mac Pty Ltd and all Entities Experience Programs given
  • use the KPG Mac Pty Ltd and all Entities Program Materials in the provision of any other Program or training whether given by us or any third party trainer;
  • remove any copyright or other notice of KPG Mac Pty Ltd and all Entities on the KPG Mac Pty Ltd and all Entities Program Materials;
  • modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the KPG Mac Pty Ltd and all Entities Experience Programs.

Any breach of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Experience Programs, and may be punishable by law.

7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, access to the KPG Mac Pty Ltd and all Entities Program Materials for the sole purpose of completing the KPG Mac Pty Ltd and all Entities Experience Program and / or attending the KPG Mac Pty Ltd and all Entities Experience Programs.

8. Confidentiality

8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.

8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

8.3. This clause shall continue notwithstanding termination of these terms and conditions.

9. Termination

9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

  1. fail to pay installments when due;
  2. act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of KPG Mac Pty Ltd and all Entities, any teacher or lecturer who provides the KPG Mac Pty Ltd and all Entities Group Coaching Programs or any participants who attend any KPG Mac Pty Ltd and all Entities Experience Program;
  3. steal or act in fraudulent or deceitful manner towards us or our employees or any other participants who may be on our premises or attending our KPG Mac Pty Ltd and all Entities Experience Programs;
  4. intentionally or recklessly damage our property or the property of our employees or other participants attending our premises;
  5. are intoxicated through alcohol or illegal drugs while on our premises;
  6. commit any criminal offence committed on our premises or where the victim is our employee or participant;
  7. are in breach of these terms and conditions.

9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.

10. Assignment

Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.  In no terms is it permissible to share electronic links with others wo have not purchased the KPG Mac Pty Ltd and all Entities Experience Programs to access illegally.

We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

11. Entire Agreement

These terms and conditions, together with the Website Disclaimer and Program Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.  Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

12. Force Majeure

KPG Mac Pty Ltd and all Entities shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes, pandemics,  and other natural disasters, terrorism, strikes, delay caused by transport disputes, electricity outages, technological malfunctions, failure to provide a Program caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

13. Assignment

We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

14. Data Protection

14.1 The nature of the Services provided by us ensures all data is securely kept and only used by KPG Mac Pty Ltd and all Entities, for KPG Mac Pty Ltd and all Entities, and for affiliate offers.  By purchasing the Services you agree to this Use.

14.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the Program.

14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to provide you with communications. We will not pass any personal data onto anyone outside of KPG Mac Pty Ltd and all Entities.

14.3 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.

14.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.

14.5. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.

14.6. KPG Mac Pty Ltd and all Entities endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting online over the internet and will not hold us responsible for any breach of security.

14.7. If you wish to change or update the data we hold about you, please email us.   

15. Law and Jurisdiction

This Agreement is subject to Australian law and the parties submit to the exclusive jurisdiction of the Australian courts in connection with any dispute hereunder.

16. Notices

You can contact us by any of the following methods:

KPG Mac Pty Ltd

59 Yorlambu Parade

MAROOCHYDORE   QLD   4558 Mobile & SMS: (61) 0411 227 108

enquiries@fitmindsandbodies.com.au

 

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