Disclaimer and Terms and Conditions

All information on these coaching and consulting services purchased online or through my website is for educational purposes only and is not intended to provide financial or business advice. Katherine Mackenzie-Smith’s consulting and coaching services and packages are not providing any legal or financial advise and all information included here is presented only as a private opinion of Katherine Mackenzie-Smith (and not advice or financial advice or business advice in any meaning, also in the meaning of any act, regulation or law of any country) and must not be used with financial activities. Katherine Mackenzie-Smith is not offering or providing any financial or business advice. Any statements about profits or income, expressed or implied, does not represent a guarantee. You accept full responsibilities for your actions, profit or loss, and agree to hold Katherine Mackenzie-Smith of such information harmless in any and all ways. The engagement in these services and packages constitutes acceptance of Disclaimer.

Every effort has been made to accurately represent this service and its potential, however there is no guarantee that you will earn any money using the techniques and ideas Katherine Mackenzie-Smith provides, or from the consulting and coaching services she gives you. Again, please note that all information presented here is for educational purposes only and is not intended to provide financial or business advice. Examples in presented materials are not to be interpreted as a promise or guarantee of success.

Your level of success in attaining the results claimed in these services depends on the time you devote to it, your finances, knowledge and various skills. Since these factors differ according to individuals, Katherine Mackenzie-Smith cannot guarantee your success, nor is she responsible for any of your actions.


Accepting these Terms

Please read these Terms of Service (“Terms”) carefully before using katherinemackenziesmith.com (the “Site”) operated by Katherine Mackenzie-Smtih (“Company”).

By accessing or using any content on the Site you agree to be bound by these Terms.  If you disagree with any part of the terms then you may not access the Site.

Privacy

Your use of the Site is subject to Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Website Use

The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are  at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater),  operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement  and understand and agree to its terms.

As a Katherine Mackenzie-Smith user, you will be required to create an account with Katherine Mackenzie-Smith. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Katherine Mackenzie-Smith user account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to you as Katherine Mackenzie-Smith Subscriber/User, including technical information, pricing, business strategy, and data about other past or current Katherine Mackenzie-Smith users or their customers.

Subscription Terms and Automatic Payments

A Katherine Mackenzie-Smith user is responsible for paying all sums due to Katherine Mackenzie-Smith in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively “Fees”). 

Failure by the Katherine Mackenzie-Smith user to use any of the services available through the service provided by Katherine Mackenzie-Smith does not relieve the Katherine Mackenzie-Smith user of their payment obligations under these Terms. Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. 

You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment  terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms)  and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a  monthly basis and for a specific amount).

IF YOU WISH TO CANCEL YOUR KATHERINE MACKENZIE-SMITH SUBSCRIPTION (INCLUDING SUBSCRIPTIONS FOR SERVICES) AT ANY TIME AFTER A FREE TRIAL OR DISCOUNTED PERIOD ENDS, YOU MUST SUBMIT A CANCELLATION REQUEST TO US VIA OUR SUPPORT EMAIL ADDRESS INFO(AT)KATHERINEMACKENZIESMITH(DOT)COM. FOR MONTHLY SUBSCRIPTIONS (INCLUDING SUBSCRIPTIONS FOR SERVICES), YOU CAN CANCEL VIA ONE CLICK HERE BEFORE YOUR NEXT PAYMENT IS DUE.

Katherine Mackenzie-Smith reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Katherine Mackenzie-Smith starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 18 below. In addition to any Fees, Katherine Mackenzie-Smith may also charge applicable value added or other tax.

Electronic Communications

Visiting the Site or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications provided electronically to you by Company, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Links to Third Party Sites

The Site may link to other websites (“Linked Sites”). These Linked Sites are not under the control of Company. Company is not responsible for the contents of any Linked Sites. Company provides these links as a convenience to you. The links do not constitute endorsement by Company of the site or any association with its operators.

Intellectual Property

You are granted a non-exclusive, non-transferrable, revocable license to access and use the Site in strict accordance with these Terms. All content included on this Site is the property of Company and is protected by copyright and other laws that protect Company’s intellectual property and proprietary rights. You agree to not modify, publish, transmit, reverse engineer, or create derivative works found on the Site. You agree that you do have nor will have any ownership rights in any protected content, and that Company does not grant you any licenses, express or implied, to the intellectual property of Company except as expressly authorized by these Terms.

You agree not to use or attempt to use the Website, or any software provided by Katherine Mackenzie-Smith, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Katherine Mackenzie-Smith.  You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from: 

  • HARMFUL ACTS. Any dishonest or unethical practice; any violation of the law; infliction  of harm to Katherine Mackenzie-Smith reputation; hacking and other digital or physical attacks on the Website;  scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website  and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or  storing viruses or other malicious code; interfering with the security or operation of the Website;  framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a  competitive offering; infringing another party’s intellectual property rights, including failing to  obtain permission to upload/transfer/display works of authorship; intercepting or expropriating  data; and the violation of the rights of Katherine Mackenzie-Smith or any third party; 
  • “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Katherine Mackenzie-Smith reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws. 
  • OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you,  including without limitation postings on any website operated by you, or social media or blog, which  are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening,  harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of  unlawful behavior. 
  • SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Katherine Mackenzie-Smith, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind. 

Indemnification

You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses relating to or arising out of your use of the Site or services.

Dispute Resolution

Both You and Company agree that any dispute or claim arising from or relating to these Terms shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

Liability Disclaimer

The information and content on this Site may include inaccuracies or typographical errors. Company may make periodical changes at any time. Company makes no representations about the suitability, reliability, timeliness, or accuracy or the information on the Site. To the maximum extent permitted by applicable law, in no event shall Company be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages, without limitation. 

International Users

Company is owned and operated in Australia. If you access the Site or services provided by Company outside of Australia, you are responsible for compliance with your local laws. 

Access Restriction

Company reserves the right, in its sole discretion, to terminate your access to the Site at any time without notice.

Governing Law

These terms are governed by the laws of Virginia without regard to its conflict of law rules, and the laws of the United States of America.

Notice and Takedown Procedures; Digital Millennium Copyright Act

If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Katherine Mackenzie-Smith a notice requesting that Katherine Mackenzie-Smith remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Katherine Mackenzie-Smith a counter-notice. Notices and counter-notices should be sent to Katherine Mackenzie-Smith, PO Box 788, Wynnum, QLD, Australia 4178, or by e-mail to info@katherinemackenziesmith.com

Entire Agreement

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Katherine Mackenzie-Smith and  governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Katherine Mackenzie-Smith. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

Severability

If any part of this agreement is determined to be invalid or unenforceable, the rest of this agreement shall still be enforceable and the portion deemed invalid will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Change to Terms

Company reserves the right, in its sole discretion, to change these Terms. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed on updates.

Contact Us

Company encourages you to contact us at info(at)katherinemackenziesmith.com with any questions or comments regarding these Terms.
Last updated: 19th December 2024