1. Website and Program
1.1. The website www.kateaddamo.com (Website) is operated by Life & Business In Flow Pty Ltd (ABN: 73 678 047 071) (Kate Addamo).
1.2. The Website provides you with an opportunity to browse and purchase the Find Your Flow online program (Program).
1.3. You have agreed to purchase the Program through the Website.
1.4. These Terms are to be read in conjunction with the payment page (Payment Page) and Program information page (Information Page) of the Website.
2. Acceptance of the Terms
You accept these Terms by clicking to accept or agree and by proceeding with your purchase.
3. Personal Information
3.1. When purchasing the Program, you will be required to provide personal information such as your name, address and e-mail address.
3.2. You agree that all details that you have provided in completing the purchase are true and correct.
3.3. Your personal information is kept in accordance with Kate Addamo’s Privacy Policy (Privacy Policy) which can be accessed via the Website.
4. Registration to purchase the Program
4.1. In order to purchase the Program, you may be required to register as a user of the Website. As part of the registration process you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):
(a) E-mail Address
(b) Password
(c) ABN/ACN
(d) Address
4.2. You warrant that any information you give to Kate Addamo in the course of completing the registration process will always be accurate, correct and up to date.
4.3. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by these Terms.
4.4. You may not purchase the Program and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Kate Addamo; or
(b) you are a person barred from receiving the Program under the laws of Australia or other countries including the country in which you are resident or from which you use the Program.
5. Purchase of the Program
5.1. When purchasing the Program through the Website, you will agree to the payment of the purchase price listed on the Website for the Program (Purchase Price).
5.2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
5.3. In purchasing the Program, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
5.4. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
5.5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
5.6. In the event that you are making payment under a payment plan, and any payment under the Terms is not made in full on the due date, Kate Addamo is entitled to charge you interest at the rate of 5% per annum, calculated daily.
5.7. You agree that if you default on any payments due and payable under the Terms, any costs incurred by Kate Addamo for steps taken to enforce payment terms will be recoverable and payable by you.
5.8. Program participation cannot be transferred or assigned to another person.
6. Delivery of Program and Licence Information
6.1. Each Program purchase grants to you access to the Program via zoom and email where Program materials (including workbooks) and recordings (Program Material) will be shared with you.
6.2. When you purchase the Program through the Website, Kate Addamo grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Program Materials for your specific, non-commercial use only (Licence).
6.3. The Program is intended for single use only. This means sharing your Licence is not permitted (please don’t share log on details with anyone else). This includes the sharing of any Program materials, digital resources, and access to any other aspect of the Program.
7. Cancellation and Program Refunds
7.1. Please notify Kate Addamo of an intention to cancel your involvement in the Program as soon as possible through e-mail to kate@kateaddamo.com and abide by the following (Cancellation Policy).
7.2. The Program is non-refundable. This means that if you wish to terminate the Program early, all unpaid amounts of the Fees are non-refundable. This is due to the nature of the Program and the fact that you have access to the Program materials and Kate Addamo’s intellectual property in addition to the group coaching sessions. You acknowledge and agree that You are receiving considerable value upon registering for the Program that extends beyond group coaching sessions.
7.3. For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Program early, Kate Addamo reserves the right to immediately collect all outstanding amounts of the Fees without notice by charging your method of payment, and your access to the Program will be revoked.
8. Group Program
8.1. The Program includes a group component. As a participant in a group program (Participant), you expressly agree that you will not, through any means:
(a) harm, harass, hassle or abuse other Participants; or
(b) send un-welcomed communication such as spam to other participants; or
(c) act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
(d) infringe the intellectual property or privacy rights of any Participant or any third-party.
8.2. As a Participant, during your involvement in the Program, you agree and undertake to respect other participants and to hold any and all information shared by other participants as confidential and sensitive. Under no circumstances are you authorised or permitted to share information shared by another participant in any way without the prior written consent of the participant.
8.3. Kate Addamo retains the right to deny you access to the Program at any time for breach of these Terms.
8.4. You understand and acknowledge that Kate Addamo may record group coaching sessions, and these will be made available to participants via email for viewing. All recordings will expire for privacy reasons and once expired You will no longer have access to any recordings.
9. Warranty
9.1. Kate Addamo will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Kate Addamo makes no warranty that the Program will meet your requirements or that all participants will achieve the same results.
9.2. The Program come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Program, you are entitled to cancel your contract with Kate Addamo and are entitled to a refund for the unused portion. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation
10. Disclaimer
10.1. You are solely responsible for creating and implementing Your own business, financial, marketing, health and wellbeing decisions, choices, actions and results arising out of or resulting from the Program and Your group sessions and interactions with Kate Addamo. As such, You agree that Kate Addamo is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or career, or for any direct or indirect result of the Program.
10.2. You understand that the Program, and any information You receive through Your involvement in the Program or through any materials and documents provided to You are not a substitute for professional, legal, business, financial, medical or other professional advice. Kate Addamo recommends You seek independent advice as applicable before relying on any information, tools, case examples, or guidance provided through the Program. Kate Addamo will not be liable in any way for Your use of, or reliance upon, the information or guidance provided to You.
11. Privacy
Kate Addamo takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Kate Addamo’s Privacy Policy.
12. Mailing List
When you purchase the Program, you agree to be subscribed to Kate Addamo’s Mailing List and you agree to receive promotional materials, updates and other content from Kate Addamo via e-mail.
13. Limitation of Liability
13.1. Kate Addamo's total liability arising out of or in connection with the Program or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Kate Addamo is the resupply of the Program to you.
13.2. You expressly understand and agree that Kate Addamo, its affiliates, employees, agents, contributors, third party content providers and licensors will not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.
14. Copyright and Intellectual Property Rights
14.1. You agree that any works, documentation, materials, Program content, creative works or information of whatever nature produced or developed by Kate Addamo in respect of the Program will remain the sole and complete property of Kate Addamo.
14.2. There is no assignment of intellectual property rights by Kate Addamo to you pursuant to these Terms. This means you are not authorised or permitted to copy or reproduce in any way, any of Kate Addamo’s intellectual property.
14.3. Nothing in these Terms affects the moral rights in any works, items, materials or information supplied pursuant to these Terms.
15. Indemnity
You hereby indemnify and agree to keep indemnified Kate Addamo against all liability, losses or expenses you incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright, or any breach of these Terms.
16. Venue and Jurisdiction
In the event of any dispute arising out of these Terms, or in relation to the Program, you agree that the exclusive venue for resolving any dispute will be in the courts of Queensland, Australia.
17. Governing Law
The Terms are governed by the laws of Queensland, Australia.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice.
19. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.
20. Variation
These Terms may not be changed or modified in any way except in writing.
21. Entire Agreement
These Terms, and the information on the Information Page and Payment Page, constitute the entire agreement of the parties in respect of the matters dealt with in these Terms and supersede all prior agreements, understandings, undertakings and negotiations in respect of the matters dealt with in these Terms.
