Effective Date: 01 January 2021
Welcome to KATEHEUSSLER.COM (Site).
CONSENT TO SITE TERMS
By accessing and using this Site, our social media channels and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.
By using the Site, accessing or purchasing any products or services, you warrant that:
1. you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
2. have read and accepted these Terms; and
3. will comply with these Terms.
CHANGES TO THESE TERMS
We reserve the right to change or 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 use and periodically throughout your use of our Site and services. If at any time you choose not to accept these Terms, you should not use this Site.
By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
The Site, products and services contain intellectual property owned by us and/ or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the products and/or services and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site, the products and/or services or the Content.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, our products and/or services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.
Free or paid content
Where you download or purchase our digital products (including checklists, guides, ebooks, workbooks, video or audio content) (Digital Products) whether directly or via our courses or programs, you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products or your membership of any course or program to any other person without our express written consent. We reserve the right, in our sole discretion, to accept or refuse to provide the products and/or services to you at any time for any reason.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites. It’s up to you to decide if those websites and their content work for you, and we recommend that you investigate and do your homework to find that out.
CREATING AN ACCOUNT
To place orders and access some features of the Site, you may have to register an account. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account (including orders placed on your account) so keep your account password secure.
We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.
PRICES AND PAYMENT
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you. If you’ve purchased one of our programs, courses, or other products and/ or services, it will be charged at the price in force at the time a customer’s order is validated.
We reserve the right at any time to modify or discontinue the program, course, product and/ or service without notice at any time. We shall not be liable to you, or to a third-party for any modification, price change, suspension or discontinuance of the program, course, product and/or service.
Where you have selected a program or course, this will be subject to additional terms and conditions located here.
IMPORTANT: By clicking “I accept”, “I agree”, “subscribe” or equivalent, you accept our Terms.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as a mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
DISCLAIMER – INFORMATION AND ADVICE
The information provided in or through our Site, programs, courses, products and/or services is intended to be for educational purposes only and is made available to you as a means of helping you help yourself. Under no circumstances should the content made available on our Site, our courses, programs, products and/or services be relied upon as business, financial or legal advice.
By referencing any programs, courses, products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the programs, courses, products or services.
You acknowledge and agree that we have not and do not make any representations as to the financial benefits, future income, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this Site, programs, courses, products and/ or services.
Our role is to support and assist you in reaching your goals, we cannot guarantee that undertaking any coaching, participating in any programs, courses or using our products and/or services will ensure success. Any success you gain, will be dependent on your own efforts, commitment, motivation and intent to follow through. Under no circumstances, can we guarantee a particular result, whether financial or otherwise. You acknowledge and agree that results may differ from person to person. Each person’s individual success is completely dependent on their background, dedication, drive and motivation to succeed as well as many other additional factors. You acknowledge and agree that when you purchase any program, participate in any coaching or purchase a product and /or service, that results may vary as there are too many variables to guarantee success. Any client reviews, statements or examples advertised or available on our Site or via any content we communicate with you (including any newsletter, social media or other advertising), are merely examples of what can be possible.
By participating in any programs, courses, purchasing any products or services or otherwise using our Site, you acknowledge you are solely and personally responsible for any results you achieve. You further acknowledge and agree that you will undertake your own due diligence and judgement before applying anything you have gained or learned from your use of this Site, purchase of products and/or services or participation in any programs or courses, taking into account your own personal circumstances.
On our Site we present real life examples and insights of other people’s experiences for illustration purposes only and any results personally achieved are due to the individuals themselves. These testimonials show users what can be possible but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results.
In addition to any other prohibitions, you must not, under any circumstances use the Site or its content:
1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any international, federal, or state regulations, rules, laws, or local ordinances;
4. attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site;
5. hack into any aspect of the Service; corrupt data; cause annoyance to other users;
6. infringe upon the rights of any other person’s proprietary rights;
7. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
8. attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.
WARRANTIES AND DISCLAIMERS
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and / or the programs, courses, products or services including that:
1. they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
2. access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
3. there is no possibility of failure to store communications or other data.
The use of any programs, courses, products and/or services, requires personal choices and/ or actions that are unique to the individual and any reliance on the content made available on our Site, through our programs, courses, products and/or services are at your own risk.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
BREACH AND TERMINATION
The agreement constituted between us by your use of the Site may be terminated:
1. where you breach any provision of these Terms; or
2. at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of NSW, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of NSW, Australia.
Course Terms & Conditions
This Website is owned and operated by THE MODEL MASTERCLASS BY KATE HEUSSLER Trading As KATE HEUSSLER ABN 77 129 508 527 (referred to in these terms as “KATE HEUSSLER”, “we”, “us”, and “our”).
These Terms are a legal agreement between You and Us, and by purchasing access to this Course, You agree to be bound by these Terms.
By using this Website, accessing or purchasing any products or services, you warrant that:
1. you are over 18 years of age and have the legal capacity to enter into a legally binding contract;
2. have read and accepted these Terms; and
3. will comply with these Terms.
We reserve the right to change or 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 Website. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Website and services. If at any time you choose not to accept these Terms, you should not use this Website or access the Course.
By remaining on this Website and your continued use of this Website and the Course is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” where such an option is made available to you during your use of the Website. If you’re uncertain about the Terms or anything else on our Website, please don’t hesitate to contact us before completing any purchase.
Course Access and Fees
The Course is owned and provided by Us and these T&Cs set out how you are allowed to access and use Our Course.
You may apply to access the Course by completing the application form and paying the Course fee on Our website KATEHEUSSLER.COM (“Website”). You agree to provide accurate, current and complete information about yourself as requested or directed on the Website, 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.
Your Course commences when Your application has been accepted by Us, or a date specified on our Website and You pay the price as displayed on Our Website and in accordance with these T&Cs (“Course Fees”).
We may review and approve or deny Your Course application at Our sole discretion.
Your Course continues until terminated in accordance with these T&Cs.
If you opt to pay in instalments, you must pay the initial payment on the date of purchase and the balance will be deducted automatically on a monthly basis, until the total fees are paid in full. Where you opt to pay in instalments, you must inform us immediately if Your payment details change. If payment is declined, your access to the Course will be suspended until payment has been updated and You must pay all monies due. Except as set out in the Refund Policy, you cannot cancel or avoid the monthly payments.
Method of Payment
You will pay Us the Course Fees in full upfront:
1. by electronic funds to an account nominated by Us or by any other method nominated by Us; and
2. on the date that the Fees become due.
The Course Fees are non-refundable except as required by law or in Our sole discretion. We do not provide refunds simply because Your situation has changed or You have changed Your mind.
We want you to be 100% happy with your purchase, consequently, We provide a 7 day money back guarantee. In order to qualify, there is an expectation that you have applied your best efforts by actively participating in and incorporating any strategies from the Course. To qualify for a refund, you must within 7 days of purchase.
Criteria for Course Cancellation Approval
Email us at: firstname.lastname@example.org (subject line: REFUND)
Provide completed coursework to support that you have actively participated in the Course.
Any other evidence to support the output of any course work and your active participation e.g. attendance at organised coaching calls/group calls/participation in the group.
We will NOT refund where you have failed to submit your request within 7 days of purchase. There are no refunds after 7 days of purchase and you will remain responsible for all Course Fees due regardless of whether you choose to complete the Course.
We will inform you within 14 days of receipt of your request whether a refund is applicable and where We have determined that a refund is due, We will organise prompt payment via our payment provider.
If We determine in our sole discretion, based on the material you have provided, your request for cancellation of the Course, your Course will cease and you must immediately cease using and destroy any materials provided to you in the Course.]
Course Entitlements, Benefits and Complaint Procedures
During your Course, We will provide You with certain Course Entitlements, in our Sole discretion, that may include but are not limited to video, audio and lessons.
You Consent to receive electronic communication including by email, SMS or announcement, including but not limited to communications for the Course or for marketing purposes.
You are granted access to this Course until such time as these Terms are terminated or the Course is taken down. If the Course is taken down, We will provide you with  days notice.
From time to time we may also provide You with certain benefits that may include products, classes, workshops or other courses, in Our sole discretion. We cannot guarantee the duration for which these Benefits will be available for.
During your Course, you may also be invited to participate in our online group, in order to be admitted and retain access to the online group, you will be required to comply with the online group rules, including the rules provided by the platform which hosts the group. Where you breach the online group rules, your access will be removed and depending on the severity of your breach of the rules, your Course may also be cancelled. We reserve the right to cease this group with  days notice.
The parties acknowledge and agree that the process set out below will apply to any complaints and both parties agree that they must not engage in any communications or behaviour with any third party (public or private), including but not limited to social media channels designed to be derogatory or negative of the other party.
We are committed to providing a high standard of service. If you have any concerns or are dissatisfied with the service You have received and wish to raise a complaint, then please submit Your complaint through Our Contact Us Form, which can be accessed at www.kateheussler.com
Any complaint submitted in accordance with the provision set out immediately above must include the following information at a minimum:
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 provide You with an acknowledgement of Your complaint within 3 business days of receipt. We will aim to resolve Your complaint within 14 business days of receipt. If We are unable to address the complaint within 14 business days, then We will write to You to explain what is happening with Your complaint.
Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of NSW, Australia where We are located.
Intellectual Property Rights and Testimonials
You agree that:
We retain ownership of all Intellectual Property Rights (including Moral Rights) in the Course Materials
To the extent required for participation in the Course, You are granted a non-exclusive, non-transferable, single use, limited licence to access and use the Course Materials for your own personal use and:
1. It may only be used for the purposes set out in the Terms, as part of your access to the Course;
2. You will not modify the Course Materials;
3. You will note copy the Course Materials or in any way cause the Course Materials to be copied or shared;
4. You may not assign or transfer your membership of the Course to any other person without Our express written consent; and
5. You will not sub-licence, publish, sell, or otherwise provide it or allow it to be used by third parties.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Course Materials in any manner whatsoever except as authorised by us.
In addition to any other legal rights and remedies, We reserve the right to remove access to the Course and Course Material without refund and to pursue all legal remedies if you infringe our intellectual property rights.
Where You have provided testimonials (in any format), We may use those testimonials to refer to You in Our websites, and other media (including social media channels) for the sole purpose of promoting Our Course.
For the purposes of these T&Cs, ‘Course Materials’ means all tools developed and/or utilised by Us in provision of the Course, including, without limitation, programs, course content, classes, workshops, digital products (including ebooks), webinars and videos.
Terms and Consequences
We may terminate these Terms with immediate effect, by giving You written notice if:
1. You do not pay the Course Fees when due;
2. You fail to comply with any of the provisions of these Terms or otherwise breach any undertaking, warranty or obligation under these Terms;
3. You infringe Our intellectual property;
4. engaging in conduct injurious or potentially harmful to Our reputation;
5. disclosing Confidential Information without consent.
6. You fail to conform or abide by Our applicable rules, policies or procedures;
7. Your actions are contrary to Our interests; or
8. We consider that mutual trust and/or confidence no longer exists.
If We terminate Your Course, We may, but are not obliged to refund any prorated balance of the Course Fee already paid by You and access to the Course will be immediately terminated.
We will not disclose any information you provide except as set out in these Terms. It is a condition of participating in the Course that you agree to respect the privacy of other Course participants and Our confidential information. Accordingly, unless you have a Course participant’s prior written consent you will keep confidential at all times, any information shared by a Course participant. Additionally, you must not under any circumstances, share any details in the content of the Course as the content contains our intellectual property including templates, workbooks, processes, forms and other information. You acknowledge and agree that you will not share the information provided to you as part of the Course with anyone other than Us or the Course participants.
However, these obligations of confidentiality do not apply to any disclosure that:
Disclosure for the purpose of performing the Terms or exercising a party’s right under the Terms.
Disclosure that is required by Applicable Law.
Disclosure that relates to Confidential Information which is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction and without breach of any obligation of confidence.
In addition to any other prohibitions, you must not, under any circumstances use the Website 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. attempt to change, remove, deface, hack or otherwise interfere with this Website or any material or content displaced on the Website;
6. hack into any aspect of the service; corrupt data; cause annoyance to other users;
7. infringe upon the rights of any other person’s proprietary rights;
8. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
9. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Disclaimers, Warranties and Indemnities
You and We agree that:
1. The Website, Course and Course Material is provided on an ‘as is’ basis;
2. You use the Website and Course at your own risk;
3. You are responsible for maintaining the security of your account and access to the Website and Course including by maintaining the security of your password and account log in details;
4. We cannot guarantee and We do not promise any specific results from participation in the Course.
Any success you gain, will be dependent on your own efforts, commitment, motivation and intent to follow through. Under no circumstances, can we guarantee a particular result, whether financial or otherwise. You acknowledge and agree that results may differ from person to person. Each person’s individual success is completely dependent on their background, dedication, drive and motivation to succeed as well as many other additional factors. You acknowledge and agree that when you purchase any program, participate in any coaching or purchase a product and /or service, that results may vary as there are too many variables to guarantee success. Any client reviews, statements or examples advertised or available on our Website or via any content we communicate with you (including any newsletter, social media or other advertising), are merely examples of what can be possible.
We and Our directors, agents or associates shall not be responsible or liable for any loss or damage resulting from Your Course, except as expressly permitted by law and as set out in these T&Cs.
You will indemnify Us against all loss, cost, damage or expense (including Our legal costs and associated costs of investigations and enforcement) directly or indirectly related to Your breach of these T&Cs.
Without limiting this clause, We will not be liable to You for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) resulting from:
1. the use or inability to use the Course;
2. your failure to maintain the security of your account;
3. statements or conduct of any third party; or
4. Your reliance on the recommendations and suggestions of any third party or Course participant.
Electronic Communications and Electronic Signatures
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.
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.
Ceasing our Website
We have the right to discontinue this Website. If We decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using Our Website, at any time and at Our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
You cannot assign these Terms or otherwise deal with the benefit of it or a right under it without Our prior written consent. We may assign or novate the Terms or otherwise deal with the benefit of it or right under it without Your consent.
These Terms constitute Our entire agreement with You about the subject matter and supersedes all previous agreements, understanding and negotiations on that subject matter.
Governing Law and Jurisdiction
The formation, construction, performance and enforcement of these Terms will be in accordance with the laws in force in the State or Territory in Australia in which We are located. You and We submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
Copyright © 2021 Kate Heussler
Copyright © 2021 Kate Heussler