Terms And Conditions - Kate Langford Career Consulting

Kate Langford Consulting Pty Ltd – Terms and Conditions of Service and Website Use (“Terms”)

BACKGROUND

This Website gives you an opportunity to browse and purchase products and services for individuals looking to get business coaching or career coaching on returning to the workforce, changing careers, or starting a new one.

APPLICATION OF TERMS

1. These Terms govern our supply of Services to you, together with the Website terms of use.

2. Unless we otherwise agree in writing, we do not accept, and will not be bound by, any terms or conditions included in, attached to, or referenced in, any other document you give to us like a purchase order.

WEBSITE USE

3. If you continue to browse and use the Website whether or not you register as a member, you are agreeing to comply with and be bound by these Terms, which together with our privacy policy:

(a) you acknowledge that you have read and understood; and

(b) govern our relationship with you in relation to the Website.

4. If you do not accept any part of these Terms, you are not authorised to use the Website.

5. The content of the pages of the Website are for your general information and use only. We may change all or part of these Terms at any time without notice. If we do, the new terms and conditions will be posted on this Website. It is your responsibility to check these Terms periodically for any changes. Your continued use of the Website will constitute your acceptance by you to be bound by these Terms (as amended from time to time).

6. You must comply with our reasonable requests prior to using the Website to engage our Services, including but not limited to, providing details of your identity or other such verification of identify processes.

7. You will not knowingly or recklessly provide us with inaccurate or incomplete information whilst trading with us or whilst using our services.

8. You agree that we do not have to establish the authority of anyone quoting your account number or account details. The use of your account details by any third party is expressly prohibited.

GENERAL

9. Your use of any information or materials on the Website is entirely at your own risk. It is your responsibility to ensure that any products, Services, or information detailed through the Website meets your specific requirements, including, without limitation, whether or not the Services detailed on the Website are suitable for your intended application, as product and Service applications may change from time to time.

10. Unauthorised use of the Website may give rise to a claim for damages or be a criminal offence.

11. These Terms are important and you should ensure that you read them carefully and contact Kate Langford at ask@katelangford.com.au if you have any questions before purchasing our products or engaging our Services.

12. Kate Langford Consulting’s products and Services are intended for people aged 18 years and over.

MODE OF ACCESS

13. In order to use the Website, you will need internet access, devices, and systems which are compatible with the Website. It is your responsibility to ensure that you meet the relevant requirements (which may change from time to time).

14. You acknowledge and agree that we have no obligation to make the Website available on any particular device or system, whether or not such device or system can currently, or has in the past been able to, access the Website.

PRIVACY POLICY

15. We may exchange your details with third party service providers, who may assist us with marketing, IT, data processing, or other Services. Some of these third parties may be located outside of Australia.

16. Please refer to our privacy policy to see how we collect, use, disclose, and protect your personal information. Please click here to view our privacy policy https://www.katelangford.com.au/privacy-policy-2/.

17. Alternatively, we can provide you with a copy of our privacy policy upon request.

COOKIES

18. When you visit the Website, we may collect information about the session between your computer and the Website through the use of cookies.

19. Cookies are text files which are stored on your computer or mobile device (by your web browser) that record specific information, such as which pages you visit, the information you have searched for, or the device you are using to access the Website.

20. We use cookies for the purposes of managing and improving the Website, improving our business functions, and gathering demographic information about the persons who visit the Website, among other things.

21. You may elect to disable or turn off cookies in your web browser, however, this may impact upon the Services we are able to offer you on the Website and may impact upon your ability to access certain features of the Website.

22. Our server will also automatically record your Internet Protocol address (IP Address).

23. An IP Address is a numerical designation assigned to each device connected to a computer network by your internet service provider. While IP Addresses can be used to identify the general physical location of a computer, they are otherwise anonymous, and we will not use your IP Address to identify you.

TRADE MARKS

24. All trade marks, service marks, and trade names are owned, registered, and/or licensed by us. You do not acquire a license or any ownership rights to any trade marks, service marks, or trade names through your access or use of the Website or Content.

25. If you use any of our trade marks in reference to our activities, products or Services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

(a) in or as the whole or part or your own trade marks;

(b) in connection with activities, products, or Services which are not ours;

(d) in a manner that disparages us or our information, products, or Services (including the Website).

RESTRICTED USE

26. Unless otherwise agreed in writing, you are provided with access to the Website only for your personal use. You are authorised to print a copy of any information contained on the Website for your personal use, unless such printing is expressly prohibited. You may not without our written and fully informed consent on-sell any information obtained from the Website.

27. You may not create a link to any page of the Website without our prior written and fully informed consent. If you do create a link to a page of the Website you do so at your own risk and the exclusions and limitations set out in these Terms will apply to your use of the Website by linking to it.

SECURITY POLICY

28. We take all reasonable steps to keep secure any information which we hold about you. Personal information may be stored both electronically on our computer system, and in hard-copy form. Firewalls, passwords, anti-virus software, and email filters act to protect all our electronic information.

SPECIFIC WARNINGS – WEBSITE USAGE

29. You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you.

30. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Website.

31. Details contained on the Website relating to goods or Services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on the Website concerning those products or Services will satisfy the laws of any other country.

32. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on the Website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

FORMATION OF CONTRACT

33. We are not obliged to provide Services until after a contract for services is formed.

34. A contract for services is formed, and you have accepted these Terms, when:

(a) you have placed an Order with us; and

(b) we have received any deposit we have required from you in respect of the Order before progressing it; and

either we have:

(d) performed any Services following receipt of your Order.

PRICE

35. The price payable for the Services will be:

(a) the price agreed in writing; or alternatively

(b) the price by our prevailing price list or rates as when you place your Order.

36. We may vary our price or rates by notice to you if you request:

(a) the Services be rendered outside Business Hours;

(b) different Services to be supplied to the contract for services; or

37. Where we vary the price or rates payable for the Services pursuant to clause 36, we will notify you of the new price or rates. Thereafter you may reject the new price/rates within seven (7) days and terminate the contract for services without any cost or penalty to you, otherwise you agree that the price/rates will apply to the contract.

PAYMENT TERMS

38. You acknowledge and agree that:

(a) deposits we have requested (if any) must be paid before we commence providing Services; and

(b) you must pay for all Services on a progressive basis as performed (or as otherwise agreed by us).

39. Payment may be made by electronic funds transfer, American Express, Visa, or Mastercard credit cards.

40. If you are a:

(a) courier service provider, then we may accept payment from you by Paypal or Afterpay; or

(b) a client which is not a courier service provider, then we may accept payment from you by Ezidebit.

41. Notwithstanding clauses 39 and 0, we reserve the right to change the payment methods that we accept at any time.

42. We may charge a payment surcharge for applicable payment transactions equal to our reasonable cost of acceptance.

43. You agree to pay GST on all taxable supplies upon us issuing you a tax invoice relating to the taxable supply.

44. You agree to pay sums due to us free of any set off or counterclaim and without deduction or withholding.

CLAIMS

45. Clauses 46 and 47 only apply if the contract for services is not a Consumer Contract and not a Small Business Contract.

46. You must, within seven (7) days of us performing the Services give us notice in writing, with particulars, of any Claim that the Services are not in accordance with the contract for services.

47. If you fail to notify us in accordance with clause 46, then, to the extent permitted by law, the Services are deemed to have been delivered in accordance with the contract for services.

GENERAL DISCLAIMER

48. All of our products and Services are intended for general education and information purposes only. Nothing on this Website, or any of the content provided to you by us during our provision of the products or Services, purports to offer, or otherwise constitutes legal, medical, tax, or other professional advice. Use caution and always seek professional advice before acting on information that we provide.

49. Kate Langford Consulting provides support, guidance, and tools for you to set goals, determine priorities, and achieve results to assist in your career. You acknowledge and agree that decisions you make, and the consequences that flow from such decisions, are at your responsibility and risk. Your success depends on many factors, including your background, dedication, participation, desire, and motivation.

50. Any testimonials and client examples used within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

51. You acknowledge and agree that Kate Langford Consulting, its directors, principals, employees and representatives, are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

52. We do not use artificial intelligence to write any written client document.

CAREER DISCLAIMER

53. Kate Langford Consulting cannot and does not make any guarantees about your ability to obtain a future (or potential) career or job.

54. Given the nature of the Services, all representations referenced by us on the Website, in our videos, forums, in advertising materials, or during the provision of our Services, are illustrative only and represent a general description of the Services, or concepts to support your career direction.

REGISTERING YOUR DETAILS

55. Before you purchase our products or Services, you must register an account with us.

56. You must provide accurate, complete, and up-to-date registration information, as may be requested by us, and it is your responsibility to inform us of any changes to your registration information.

57. We may at any time reasonably request forms of identification to verify your identity.

58. If you are a registered user or member of this Website, you acknowledge and agree that:

(a) you are responsible for protecting and keeping confidential any password or member identification that may be issued to, or subscribed for by you from time to time (Password);

(b) you will not reveal (or cause to be revealed through any act or omission) your Password to any other person;

(d) you are solely responsible for all access to and use of this Website via your Password, whether such access or use is by you or any other person; and

(e) any information that you provide to us and that we use for social media posting (or inclusion in our Kate Langford Consulting Community) will become our intellectual property and form part of our Intellectual Property Rights.

59. By leaving a review or rating, you consent to Kate Langford Consulting to use that material for direct marketing purposes or related marketing purposes.

60. You must ensure the security and confidentiality of your registration details, including any username and Password. You must notify us immediately if you become aware of any unauthorised use of your registered details.

61. Where a member service is for one user only, you must not let any other person use your Password, or any registered user or member services.

YOUR OBLIGATIONS

62. When using our products or Services, you may be given access to Facebook groups, other online or in person forums, or events in which you may post comments, photos, messages or other material.

63. When posting content on social media or other online forums, you agree that you will not post or otherwise publish through this Website (or our Kate Langford Consulting Community) any of the following:

(a) content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable, as may reasonably be determined by us;

(b) content that harasses, degrades, intimidates, hateful, or otherwise discriminatory to an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;

(c) information that includes personal or identifying information (or opinions) about another person without that person’s consent;

(d) information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us;

(e) any information or content that impersonates any person or entity;

(f) any material, non-public information about companies without the corresponding authorisation to do so; and

(g) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

64. By posting or otherwise posting or publishing content on the Website or Kate Langford Consulting Community, you:

(a) grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit that content in any form and for any purpose;

(b) warrant that:

(i) you have the right to grant the above licences; and

(ii) content you post or publish does not breach these Terms; and

(c) consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

65. We reserve the right (but have no obligation) to:

(a) review, modify, reformat, reject, or remove contact that you post or publish if it:

(i) breaches these Terms; or

(ii) has the potential to harm, endanger, or violate the rights of any person; and

(b) monitor use of the Website, and store or disclose any information that we collect, including in order to investigate compliance with these Terms, or for the purpose of any police investigation or governmental request.

66. When you provide us with access to your LinkedIn profile, you agree:

(a) to provide us with your username and password (as updated from time to time) to your LinkedIn account;

(b) have read, understood, and agree to all LinkedIn terms and conditions; and

67. For all consultations you must have access to stable phone reception or internet access at the time and date agreed.

68. You are required to install or have access to the latest version of Microsoft Word to ensure documents can be viewed and edited in the correct format.

CODE OF CONDUCT

69. Whilst using this Website and our Kate Langford Consulting Community, you must not:

(a) contact anyone who has asked not to be contacted;

(b) collect personal data about other users for commercial or unlawful purposes;

(d) violate the intellectual property of others;

(e) post anything that contains software viruses, worms, or any other harmful code or software; and

(f) use manual or automated software, devices, script robots, or other means or processes to access the Website or any related data or information.

CONFIDENTIALITY

70. You agree to keep confidential and to not use or disclose, any Confidential Information provided to or obtained by you, after your entry into a contract for services. For the avoidance of doubt, this applies to Confidential Information from us and our Participants (Disclosing Parties).

71. The obligations of confidence imposed on you by clause 70 do not apply:

(a) if you obtain prior written consent from the relevant Disclosing Parties;

(b) if you use or disclose Confidential Information:

(i) for your internal business purposes only; or

(ii) in discussion with Participants during training sessions;

(i) required to be disclosed by any applicable law or under compulsion of a court, Government Authority, or the rules of any securities exchange (provided that disclosed Confidential Information is relevant and where you take reasonable steps to maintain the confidence of such Confidential Information); or

(ii) in the public domain otherwise than as a result of a breach of these Terms or other obligation of confidence.

72. You acknowledge and agree:

(a) all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong to or is licensed to us, and may only be used by you as duly authorised or directed by us;

(b) if you breach any obligations of confidentiality imposed by these Terms then we will be entitled to, among other things, seek injunctive relief; and

(c) while you are free to discuss your personal results from our Services, you must keep the experience and statements (oral, written, or otherwise communicated) of the Participants in the strictest of confidence.

COPYRIGHT

73. All material on this Website, in our Kate Langford Consulting Community or otherwise delivered by us including (but not limited to) course content, text, graphics, Workshops are subject to copyright. While you may browse or print copyrighted materials for non-commercial, personal or internal business use, you must obtain our prior written consent if you intent to use, copy, reproduce or otherwise deal in our copyrighted materials. Modification of copyrighted materials for any other purpose is a violation of our Intellectual Property Rights and other proprietary rights, and is strictly prohibited.

74. All texts, course content, graphics, user interfaces, visual interfaces, photographs, videos, trade marks, logos, sounds, music, artwork and computer code (collectively, the ‘Content’) including but not limited to the design, structure, selection, co-ordination, expression, ‘look and feel’, and arrangement of such Content contained on the website, our Kate Langford Consulting Community, is owned, controlled, or licensed by or to us and is protected by copyright, patent and trade mark laws and other Intellectual Property Rights and unfair competition laws.

75. We are either the owner, controller, licensor, or licensee of the Content. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms, you may not in any form or by any means, in relation to the website or the Content, copy, reproduce, re-publish, upload, post, publicly display, encode, translate, transmit, or distribute in any way (including ‘mirroring’) to any other computer, server, website or other medium or publication or distribution or for any commercial enterprise, or commercialise any information, products or Services obtained from any part of the Website, without our express prior written and fully informed consent.

76. You acknowledge that you do not acquire any ownership rights (or transfer of Intellectual Property Rights) by using the Website or Our Content, and in the absence of express written agreement.

77. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Kate Langford Consulting will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its Intellectual Property Rights.

ORDERING SERVICES – PURCHASING SERVICES VIA THE TELEPHONE OR ONLINE

78. To purchase Services by telephone please contact (07) 5322 4086 or proceed to using the online payment link.

79. When you place an Order for Services via telephone or online, you are offering to purchase the Services on these Terms. Kate Langford Consulting 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 81 below.

80. Following receipt by us of your Order via telephone or online, we will endeavour to provide you with a receipt of confirmation.

81. Services paid for are valid for up to twelve (12) months from the purchase date. If there has been a price increase (subject to clauses 36 and 37 of these Terms), then the remaining funds will be collected prior to the commencement of Services.

DEFAULT

82. Clauses 82 to 87 apply if you fail to pay sums to us when they fall due.

83. You authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.

84. We may charge you interest on the outstanding debt (including any judgment debt) at the rate of 10% per annum.

85. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

86. We may suspend or cease the supply of any further Services to you. We may require pre-payment in full for any Services which have not yet been supplied.

87. We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are experiencing financial difficulties or require a payment plan, please contact us.

RIGHT TO TERMINATE

88. A party may, with immediate effect, terminate any contract for services of which these Terms form part by notice in writing, if the other party:

(a) commits a material or persistent breach of these Terms and does not remedy that breach (if capable of remedy) within seven (7) days of the receipt of a notice (or such longer time as specified in the notice) identifying the breach and requiring its remedy; or

(b) has failed to pay sums due to the party within seven (7) days; or

(d) ceases to carry on business; or

(e) comprises an entity which is the subject of the appointment of receivers or managers; or

(f) comprises a natural person who:

(i) has committed an act of bankruptcy; or

(ii) has been made bankrupt;

(g) comprises a corporation which:

(i) enters into voluntary administration;

(ii) is subject to a deed of company arrangement; or

(iii) is subject to the appointment of liquidators or provisional liquidators.

89. You acknowledge and agree that access to the Website may be terminated at any time by us with or without notice.

90. Requested refunds will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will be granted at the discretion of our CEO (which is, at the date of these Terms, Kate Langford).

91. Payments may be operated through an online and automated billing system. Where your payments are made via online payment, you agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.

OUR GUARANTEE

92. We are confident in the delivery of our resumes, however, should you not be satisfied with the end result, we are willing to work with you to make one round of amendments. Further changes required to your resume will be at additional cost.

WORKSHOPS

93. Workshops are strictly adults only to ensure professionalism and a quiet working environment for attendees.

94. Kate Langford Consulting reserves the right to exclude you from any Workshop if you are disruptive towards us and the Participants.

95. You understand and acknowledge that Kate Langford Consulting or its representatives may record any aspect of a Workshop (Recordings). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by us.

96. In the unlikely event that we cancel a Workshop, then:

(a) you will receive a full refund of the purchase price paid for the Workshop; and

(b) we will not reimburse any optional expenses including but not limited to, flights or accommodation.

REPLACEMENTS AND REFUNDS

97. As an act of good faith, Kate Langford Consulting may (in its reasonable discretion) provide you with a refund if you change your mind within 48 hours of you agreeing to these Terms (Cooling Off Period). This will be determined on a case-by-case basis. This request needs to be written in an email with 48 hours of purchase. Refunds requested after 48-hours will not be considered, unless it meets the ‘major problem’ criteria outlined in clause 98 of these Terms. Instead, a credit will be issued (this can be transferred to another person at the request of the client).

98. If you have:

(a) a ‘minor problem’ with a product or Service, the business can choose to give you a free repair instead of a replacement or refund. Kate Langford Consulting offers edits to documentation or additional coaching where necessary, only if there is a major fault from Kate Langford Consulting. If you have a concern, please email (ask@katelangford.com.au).

(b) a ‘major problem’ with a service, then you can choose to receive compensation for the drop in value below the price paid, or a partial refund. This will require investigation by our Manager and evidence that this Service was not satisfactory are clear. The decision for a refund will be at our discretion. Kate Langford Consulting does not offer full refunds for Services that are complete regardless of the Cooling Off Period – amendments or a credit will be given in this event.

99. You will not be eligible for a refund when:

(a) the work has commenced (including when coaching sessions are booked inside the 48-hour cancellation policy and/or commencing document services) or

(b) training modules access has been provided and or accessed, regardless of the 48-hour policy. For example, you have purchased a Selection Criteria Package and are sent the questionnaire with video training and valuable information to complete OR you have been sent / request access to your package’s projects or Services.

100. You acknowledge and agree that, given the nature of the Services, refunds may not be available to you where you have been given login access to the Content, whether accessed by you or not. This applies to all Services that include training modules, particularly the ‘Applications Training Pack’ due to immediate access being granted following payment. For this reason, the Cooling Off Period does not apply to the ‘Applications Training Pack’.

101. All refunds are subject to a 5% administration and servicing fee, this will be deducted from the total amount and a refund supplied in 3-5 working days.

102. All information on your package is sent in the welcome pack – the client is required to read this thoroughly and upon receiving agrees to the terms outlined on this page.

CANCELLING YOUR SERVICE

103. If you have a problem with any Services, you may take the following steps:

(a) contact us in writing to explain the problem;

(b) if we or any related service provider are unable to remedy the issue within a reasonable time, you may request a cancellation of the contract for services;

(c) if you have made payments toward the Service and it has already started or been delivered, you may seek to negotiate a refund to cover the Services that failed and any advance payments; and

(d) provide us with proof of purchase.

104. Kate Langford Consulting also has the right to terminate any contract of supply of which these Terms form part, should you act unlawfully, copy or exploit our Intellectual Property Rights or any Service provided, abuse staff, or insist on commencing the Services again after the use by date.

SERVICES YOU CAN’T CANCEL

105. You must pay for all Services rendered.

106. You must not, without our agreement in writing, cancel any contract for services of which these Terms form part if you:

(a) changed your mind; or

(b) insisted on having a service provided in a particular way, against our or a related service provider’s advice; or

RESUME, COVER LETTER, AND SELECTION CRITERIA AMENDMENTS

107. This applies to any Services that require Kate Langford Consulting to complete written documentation for a client.

108. After receiving the first draft of your documents, you must reply in a single email with your changes to ask@katelangford.com.au within two (2) weeks. The team will endeavour to amend these within 24-48 Business Hours, and return the final copy to you (see clause 97 if you are not satisfied with these changes).

109. Any additional information that has been requested by you to add to the documents:

(a) that was not supplied to Kate Langford Consulting prior to finalising the document on or before first draft due date, may incur a fee starting from $50 to include the additional information in the document, to cover staffing and administrative costs; and

(b) during the amendment stage (that is, 2 weeks after the first draft was sent), may also incur a fee, starting from $50, to cover staffing and administrative costs.

CONSULTATIONS CHANGES AND CONDITIONS

110. This clause applies to any service requiring private consultation with one of the team or Kate Langford. Prior to any Kate Langford Consulting consultation, you will be required to complete a questionnaire and return it to ask@katelangford.com.au, this will be sent to you via email within 24 hours from payment. Should you fail to return this document within one (1) hour before the allocated consult time, then Kate Langford Consulting has a right to reschedule or charge an additional fee for the additional time added to your appointment, and an additional $297.00AUD will apply to re-book.

111. Should you choose to cancel or reschedule an appointment time, Kate Langford Consulting require 48 hours’ notice prior to the consultation time (Notice Policy). Any reschedules or cancelation requests that do not meet the Notice Policy are required to email ask@katelangford.com.au with the request. A $297.00AUD fee (normally $397.00) will be chargeable for rebooking.

112. Your failure to attend (or otherwise arrive more than 5 minutes late) to an appointment may, in our reasonable discretion, forfeit the appointment. To rebook a $297.00AUD fee must be paid, or Kate Langford Consulting has the right to cancel your service without refund. You will not be able to receive the service again until this payment has been made.

Should an unlikely and extenuating circumstance prevent Kate from undertaking her duties as your coach, our trained head coach is equipped with all resources and has been trained by Kate personally to undertake all coaching to the fullest extent that she herself would. Should this happen, the no refund policy stands as all content and coaching will remain the same.

LIABILITY IS LIMITED

113. No party is liable to the other party for any Consequential Loss, including under clauses 116 to 118 (Indemnity), however caused arising out of or in connection with any contract for services, or use of the Website of which these Terms form part.

114. While we will take reasonable endeavours to meet any estimated delivery date or estimated time for the Services, you acknowledge and agree that we are not liable for any delay associated with meeting those estimated timeframes.

115. If the contract for services is not a Consumer Contract or a Small Business Contract then, to the extent permitted by law, our liability is limited to:

(a) us supplying the Services again; or

(b) us paying you the cost of having equivalent Services supplied.

INDEMNITY

116. If you default in the performance or observance of your obligations under any contract of which these Terms form part, then:

(a) we will take steps to mitigate our loss and act reasonably in relation to any default by you; and

(b) we will give you notice requesting payment for loss and damage occasioned in respect of those events and requesting that you remedy any breach within a reasonable time; and

(c) if that demand is not met then you indemnify us in respect of loss, damage, costs (including collection costs, bank dishonour fees, and legal costs on an indemnity basis) that we have suffered arising therefrom.

117. Your liability to indemnify us will be reduced proportionally to the extent that any fraud, negligence, or wilful misconduct by us or a breach of our obligations under contract has contributed to the Claim, loss, damage, or cost which is the subject of the indemnity.

118. Your liability to indemnify us is a continuing obligation separate and independent from your other obligations and survives the termination or performance of any contract of which these Terms form part.

YOUR FEEDBACK

119. We welcome enquiries or feedback on the Website. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

120. If you have questions or comments regarding this Website, or Kate Langford Consulting products or Services, please email us at ask@katelangford.com.au.

TRUSTEES

121. If you are the trustee of a trust (whether disclosed to us or not), you warrant to us that:

(a) you enter into the contract for services in both your capacity as trustee and in your personal capacity;

(b) you have the right to be reasonably indemnified out of trust assets;

(d) you will not retire as trustee of the trust nor appoint any new or additional trustee without first notifying us in writing and having the new or additional trustee sign an agreement on terms substantially the same as these Terms.

122. You must give us a true and complete copy of the trust deed upon request.

VARIATION

123. We may amend these Terms in the future by notifying you in writing. The amended Terms will thereafter apply to each Order you place unless you earlier give us written notice in advance of placing a further Order.

ASSIGNMENT

124. A party may only assign its rights and obligations under the contract for services with the written consent of the other party.

CONFLICTS AND INCONSISTENCIES

125. If there is any conflict or inconsistency between any of the documents which together govern the relationship between the parties, it is agreed the order of precedence will be (highest to lowest):

(a) any additional terms or conditions contained in our quotation applicable to the supply of Services;

(b) the terms and conditions contained in the document titled ‘Business Accelerator Program Agreement’ (if applicable), as amended from time to time;

SEVERANCE

126. If any part or term of our agreement with you is illegal, invalid, or unenforceable, it will be read down so far as necessary to give it a valid and enforceable operation or, if that is not possible, it will be severed from the contract and the remaining provisions will not be affected, prejudiced, or impaired by such severance.

127. If any provision of these Terms is deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable from the other provisions of these Terms and will not affect the validity and enforceability of any other provision of these Terms.

GOVERNING LAW AND JURISDICTION

128. Our relationship is governed by and must be construed according to the law applying in the State of Queensland.

129. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Queensland with respect to any proceedings that may be brought at any time relating to our relationship.

ENFORCEMENT OF COSTS AND RECOVERY OF ENFORSEMENT EXPENSES

130. “Enforcement Expenses” means any costs and expenses incurred by Kate Langford Consulting in recovering any outstanding payments or in enforcing any rights under any contract for Services, including but not limited to:

(a) legal fees calculated on a solicitor/own client basis

(b) internal administration fees

The Client is liable and agrees to pay all Enforcement Expenses to Kate Langford Consulting.

Nothing in this clause shall be construed to limit Kate Langford Consulting’s rights under relevant laws from time to time of the said State.

DEFINITIONS

131. In these Terms, unless the context otherwise requires, the following definitions apply.

132. Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended.

133. Business Hours means:

(a) (for our Brisbane office) 09:00am to 5:00pm on a day that is not a Saturday, Sunday, or gazetted public holiday in the place where the Services are to be performed; and

(b) (for the Website) 24/7 every day except during periods of website maintenance.

134. Claim includes a claim, notice, demand, action, proceeding, litigation, investigation, judgment, or award howsoever arising, whether present, unascertained, immediate, future, or contingent, whether based in contract, tort, pursuant to statute or otherwise and whether involving a third party or a party to a contract for services.

135. Confidential Information includes:

(a) any information relating to our business and affairs;

(b) any information that is by its nature confidential;

(d) any information that you know, or ought to know, is confidential; and

(e) all financial information, pricing information, and commercially valuable information of ours.

136. Consequential Loss includes any:

(a) consequential loss;

(b) loss of anticipated or actual profits or revenue;

(d) financial or holding costs;

(e) loss or failure to realise any anticipated savings;

(f) loss or denial of business or commercial opportunity;

(g) loss of or damage to goodwill, business reputation, future reputation, or publicity;

(h) loss or corruption of data;

(i) downtime costs or wasted overheads; or

(j) special, punitive, or exemplary damages.

137. Consumer Contract has the meaning given to this term in section 23(3) of the Australian Consumer Law.

138. Content has the meaning given to it in clause 74 of these Terms.

139. Cooling Off Period has the meaning given to it in clause 97 of these Terms.

140. Client, you means the person or other entity who has placed an Order with us for the supply of Services (or the person on whose behalf an Order is placed) or uses the Website.

141. Disclosing Parties has the meaning given to it in clause 71 of these Terms.

142. Government Authority means:

(a) a government or government department or other body;

(b) a governmental, semi-governmental, or judicial person; or

143. Intellectual Property Rights means all industrial and intellectual property rights throughout the world, whether present or future, and whether protectable by statue, at common law or in equity, including rights in relation to copyright, trade secrets, know how, trade marks (whether registered or unregistered or whether in word or logo/device form), designs, patents and patentable inventions, including the right to apply for registration of any such rights.

144. IP Address has the meaning given to it in clause 22 of these Terms.

145. Law includes any requirement of any statute, rule, regulation, proclamation, ordinance or by-law, present or future, and whether state, federal or otherwise.

146. Notice Policy has the meaning given to it in clause 111 of these Terms.

147. Order means a written or oral order placed by you requesting that we provide Services.

148. Participant means any person that attends our seminars (whether in person or virtually), which includes but is not limited to our clients, our representatives, and our guest speakers (if any).

149. Password has the meaning given to it in clause 58(a) of these Terms.

150. Recordings has the meaning given to it in clause 95 of these Terms.

151. Services means all services performed by us, as described on our quotation, invoice, or any other form issued by us.

152. Small Business Contract has the meaning given to this term in section 23(4) of the Australian Consumer Law.

153. Supplier, we, us means Kate Langford Consulting Pty Ltd (ACN 633 926 968) trading as “Kate Langford Career Consulting” and “Kate Langford Business Consulting”.

154. URL means Uniform Resource Locator, webpage address, or hyperlink (as the context requires).

155. Website means the following URL: https://www.katelangford.com.au/.

156. Workshop means meetings for discussions and activities (forming part of the Services), involving us, You, and our Participants (as the context requires).

INTERPRETATION

157. In these Terms, unless the context otherwise requires:

(a) A time is a reference to the time zone of Brisbane, Australia unless otherwise specified.

(b) $, dollar, or AUD is a reference to the lawful currency of Australia.

(c) A party includes a reference to that person’s executors, administrators, successors, substitutes (including a person who becomes a party by novation), assigns, and in the case of a trustee, includes any substituted or additional trustee.

(d) A right includes a benefit, remedy, authority, discretion, or power.

(e) The singular includes the plural and vice versa, and a gender includes other genders.

(f) “In writing” or “written” means any expression of information in words, numbers, or other symbols, which can be read, reproduced, and later communicated, and includes electronically transmitted and stored information.

(g) If a word or phrase is given a defined meaning, its other grammatical forms have a corresponding meaning.

(h) Words such as “includes”, “including”, and “for example” are not words of limitation and are to be construed as though followed by the words “without limitation”.

(i) A term of an agreement in favour of two or more persons is for the benefit of them jointly and each of them separately.

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