PRIVACY POLICY

We value your privacy very highly. Please read this Privacy Policy carefully before using the https://www.katherinemackenziesmith.com/ website (the “Website”) operated by Katherine Mackenzie-Smith in Queensland, Australia (“us, we, our”) as this Privacy Policy contains important information regarding your privacy and how we may use the information we collect about you.

Your access to or use of the Website is conditional upon your acceptance of and compliance with this Privacy Policy. This Privacy Policy applies to everyone, including but not limited to visitors, users and others, who wish to access or use the Website.

By accessing or using the Website, you agree to be bound by this Privacy Policy. If you disagree with any part of this Privacy Policy, you do not have our permission to access or use the Website.

Who we collect personal information from

We may collect personal information from the following groups of data subjects: visitors to, and users of, our online and mobile resources; our customers; current members of our workforce and those who apply for posted jobs; and third-party vendors and business partners.

Personal information generally means information that can be used to identify you or that can be easily linked to you (for example, your name, address, telephone number, email address, social security number and date of birth). The privacy laws in some jurisdictions include unique elements in what they consider to be the personal information of the consumers or data subjects they protect. If those laws apply to us, as in the case of the California Consumer Privacy Act (“CCPA”) or European General Data Protection Regulation (“GDPR”), our use of the phrase “personal information” includes the unique elements required by such laws.

What we collect

There are two types of information that we obtain from you online and then store and use: (i) non-personal information that’s collected automatically from each visitor, such as your device operating system; and (ii) personal information that you voluntarily provide to us or that is collected automatically. 

By using our online and mobile resources or purchasing our products or services, you are signifying to us that you agree with this section of our privacy statement and that we may use and disclose your information as described

Voluntarily Submitted Information

If you participate in certain activities via our online and mobile resources, you may be asked to provide us with information about yourself. The types of personal information we collect in those situations includes identifiers (such as your name, email address, physical address, and phone number), professional information (such as the business you are in), and financial account information (such as your credit card information). We do not sell, rent, or trade voluntarily submitted personal information with third parties. 

If you don’t want us to collect this type of personal information, please don’t provide it. This means you shouldn’t participate in the activities on our online and mobile resources that request or require it and you may want to communicate with us by phone or regular mail instead. Participation is strictly your choice. Not participating may limit your ability to take full advantage of the online and mobile resources, but it will not affect your ability to access certain information available to the general public on the online and mobile resources. 

Some of the ways you voluntarily give us your personal information and how we use it: 

Emails and Online Forms – When you send us an email or fill out an online form, such as to contact us, your email address and any other personal information (e.g., home address or phone number) that may be in the content of your message or attached to it, are retained by us and used to respond back directly to you and to process your request. Depending on the personal information provided, communications from us may be in the form of emails, telephone calls, and/or text messages. We may also send you information about any of our products or services we think may be of interest to you. 

Registering for an Account – When you register for an account, you submit personal information to us such as your name and email address which we then retain. We use that information to create and manage your account and, in some cases, establish a password and profile to communicate with you via email.

Registering for Events – When you register for services, webinars, events, conferences, or programs we ourselves may host (rather than outsourced to a third-party event manager with its own privacy policies), you will be submitting the types of identifiers described above. If the event requires a fee, we may also ask you to submit credit card or other financial information. We use this information to register you for the event and send you communications regarding the event. 

Becoming a Subscriber to Our Service – We use any information provided from our customers to perform our contractual obligations and provide the products and services purchased to them, to manage their accounts and communicate with them. 

Social Media and Community Features – Some of our online and mobile resources may offer social media-like community features letting users post messages and comments, and/or upload an image or other files and materials. If you choose to make use of these features, the information you post, including your screen name and any other personal information, will be in the public domain and not covered/protected by this statement

Automatically Collected Information

When you visit our online and mobile resources, basic information is passively collected through your web browser via use of tracking technologies, such as a “cookie” which is a small text file that is downloaded onto your computer or mobile device when you access the online and mobile resources. It allows us to recognize your computer or mobile device and store some information about your preferences or past actions. 

We allow third party vendors to use cookies or similar technologies to collect information about your browsing activities over time following your use of the site. For example, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google“). Google Analytics uses cookies to help us analyze how you use the online and mobile resources and enhance your experience when you visit the online and mobile resources. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/. You can learn more about how to opt out of Google Analytics by going to https://tools.google.com/dlpage/gaoptout

The internet activity information collected through cookies and other similar means includes such things as: the domain name and IP address from which you accessed our online and mobile resources; the type of browser and operating system you use; the date and time and length of your visit; the specific page visited, graphics viewed and any documents downloaded; the specific links to other sites you accessed from our online and mobile resources; and the specific links from other sites you used to access our online and mobile resources. 

Additionally, if you access our online and mobile resources from a phone or other mobile device, the mobile services provider may transmit to us uniquely identifiable mobile device information which allows us to then collect mobile phone numbers and associate them with the mobile device identification information. Some mobile phone vendors also operate systems that pinpoint the physical location of devices and we may receive this information as well if location services are enabled on your device. If you do not want us to collect and use geolocation data, disable location services through your device settings. 

Regardless, we use both automatically collected information and mobile device information to compile generic reports about popular pages on our online and mobile resources, and to see how our customers and followers are accessing our online and mobile resources. We then use that

data to administer the online and mobile resources and make them better, make your activities more convenient and efficient and to enhance the functionality of our online and mobile resources, such as by remembering certain of your information in order to save you time. 

We use and retain your personal information in accordance with applicable law and as long as necessary to carry out the purposes described above in accordance with our internal data retention procedures. 

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

User Beware: External Sites, Apps, Links and Social Media

We maintain a presence on one or more external social media platforms such as Twitter, Facebook, Instagram, YouTube, and LinkedIn. We may further allow features of our online and mobile resources to connect with, or be viewable from, that external social media presence. Similarly, our online and mobile resources may contain links to other websites or apps controlled by third parties. 

We are not responsible for either the content on, or the privacy practices of, social media platforms, or any third-party sites or apps to which we link. Those apps, sites and platforms are not controlled by us and therefore have their own privacy policies and terms of use. If you have questions about how those apps, sites and platforms collect and use personal information, you should carefully read their privacy policies and contact them using the information they provide. 

 

How we use your information

Katherine Mackenzie-Smith may use the information we collect from and about you for a variety of business purposes; in general, to provide the services, improve customer experience and engagement and develop the services. We are committed to protecting and maintaining the privacy of your information. Therefore, we will process your data only in accordance with applicable data protection law and this Privacy Statement. 

We will have a lawful basis for processing your data if:

  • we need to process your information in order to provide you with the products or service you have requested or to enter into a contract;
  • you have consented to such processing;
  • we have a legitimate interest for processing your data – e.g., for fraud prevention; direct marketing; network and information systems security; data analytics; enhancing modifying or improving our services; identifying usage trends; determining the effectiveness of promotional campaigns; and advertising personalization of the service using data to make it easier and faster for you to place orders; and/or
  • we are legally obliged to process it.

We may use any and all information that we collect from you for the following customer service and transaction purposes:

  • To provide the requested Services to you.
  • To manage your account.
  • To personalize your experience: Your information helps us to better respond to your individual needs.
  • To improve our website: We continually strive to improve our website offerings based on the information and feedback we receive from you.
  • To diagnose problems with our servers or our Services.
  • To improve customer service: Your information helps us to more effectively respond to your customer service requests and support needs.
  • To process transactions, such as purchases and subscriptions.
  • To use and disclose your credit, debit or payment card or other financial information only to process payments and prevent fraud.
  • To administer a contest, promotion, survey, or other site feature.
  • To develop new products or services and to enhance current products and services.
  • To send periodic emails about Services updates, your orders, or your subscription.
  • To protect the security or integrity of our Services and our business, such as by protecting against and preventing fraud, unauthorized transactions, claims, and other liabilities.

We may use your information for the following commercial purposes:

  • To send you marketing and promotional emails.
  • To target prospective customers with our services (such targeting is only performed with your permission where your consent is required by applicable law).

We may also use information you provide to us for other purposes as disclosed at the time you provide your personal information or otherwise with your consent.

When/with whom do we share personal information

We use voluntarily provided personal information to respond to your inquiries and provide you with the services you have requested, amongst other uses as further described below. We do not sell or rent your personal information to third party data vendors or marketing companies. As you might expect, we disclose your information when required by law. 

Affiliates

In addition to those third parties set forth above, we may share your information, including personal information, within our family of companies. Those companies will use such information in generally the same manner as we do under this privacy statement which includes sending you information about their products, services, or initiatives that may be of interest to you. 

Legally Compelled Disclosures. 

We may disclose your information, including personal information, to government authorities, and to other third parties when compelled to do so by such government authorities, or at our discretion or otherwise as required or permitted by law, including but not limited to responding to court orders and subpoenas. 

To Prevent Harm

We may disclose your information, including personal information, when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the online and mobile resources, or anyone else that could be harmed by such activities.

Business Transfer.

If we or any of our affiliates, or substantially all its or their assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation, or liquidation, personal information may be one of the transferred assets. 

Vendors and Business Partners

We may share your information, including personal information, with our vendors and other third parties with whom we have a contractual relationship. We may also share your information, including personal information, with vendors who provide third party software services that you have chosen to assist you. We do our best to disclose only the information each of those parties need. 

We have adopted standards for those vendors and business partners who receive personal information from us. We attempt to bind such vendors and business partners to those standards via written contracts. We further attempt to contractually restrict what our vendors and business partners can do with the personal information we provide to them such that it is used only to the extent necessary to carry out the business purpose for which it was provided; is not disclosed to anyone else without our consent or under our instruction; remains, as between us and the applicable vendor or business partner, our property; and is not transferred out of the United States without our consent. 

Please note, however, that we cannot guarantee that all of our vendors and business partners will agree to these contractual requirements; nor can we ensure that, even when they do agree, they will always fully comply.

Email Communications, Newsletters, Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You.

You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Your Rights and Options

You may have to provide personal information to enjoy most of the features of our online and mobile resources. Moreover, you can opt out of certain activities like newsletters and announcements. Residents of California and EU data subjects whose personal information was obtained while they were in California or a GDPR Jurisdiction, respectively, have certain additional rights. 

When you access your account on the Services, you have the option to change certain information about yourself, such as your billing or shipping address, and telephone number. 

Emails. If you consented to receive direct marketing from Katherine Mackenzie-Smith , we provide you with the opportunity to opt out of our marketing communications or change your preferences by following a link in the footer of all non-transactional email messages from us or by emailing us info(at)katherinemackenziesmith(dot)com.  Some communications from us are considered transactional or service communications (for example, account notifications and billing information). To ensure you have accurate information about your account and purchases, you do not have the option to unsubscribe from these messages.

GDPR Jurisdictions means the countries composed of the European Economic Area (including Iceland, Lichtenstein, and Norway) and the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.   

Furthermore, Andorra, Argentina, Canada (only commercial organizations), Faroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, Switzerland, Uruguay and Japan have received an “adequacy decision” from the European Commission, adheres to the material terms of the GDPR. Switzerland also has its own data protection via its Federal Act of Data Protection (“DPA”). 

GDPR no longer has jurisdiction over the United Kingdom. Since the United Kingdom (“UK”) has now formally left the European Union, it is no longer regulated domestically by the material terms of the GDPR.  The United Kingdom General Data Protection Regulation (“UK-GDPR”) is the UK’s data privacy law that governs the processing of personal data domestically. 

If we are using personal information you provided to us in order to enable us to send you materials, such as newsletters or product alerts via text or email, and you decide you don’t want to receive such materials, you may opt out by following the opt-out instructions in the email or other communication (e.g., by responding to the text with “STOP”), or by contacting us using the contact information below. When we receive your request, we will take reasonable steps to remove your name from our distribution lists. You need to understand it may take a period to remove your name from our lists after your request and due to such latency, you may still receive materials for a period after you opt out. In addition to opting out, you have the ability to access, amend, and delete your personal information by contacting us using the contact information below.

Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. Currently, we do not specifically respond to browser “do not track” signals. 

Cookies

A cookie is a small piece of data sent from a website and stored on your device by your browser. This Website sets cookies. Please visit our Cookie Policy to learn more about what cookies we set, why we set them, and how to change your cookie settings.

Children’s Privacy

This Website is intended for use by a general audience and does not offer services to children. Should a child whom we know to be under 18 send personal information to us, we will use that information only to respond to that child to inform them that they cannot use this Website.

Analytics Programs

This Website uses Google Analytics to collect information about you and your behaviors. If you would like to opt-out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout/. You can also opt out of cookies by using our cookie consent banner.

Advertising and remarketing

This Website uses the Google remarketing service. We use this service to display advertisements to people who have interacted with our Website in specific ways. This remarketing service places a cookie or a device identifier or other technology that tracks your behavior online and displays advertisements for our products or services to you on third-party websites across the Internet through the Google Content Network. You can opt out of the use of cookies or device identifiers by Google by visiting Google’s Ad Settings. You can opt out of third party vendor’s use of cookies by visiting the Network Advertising Initiative Opt-Out Page or control the use of device identifiers by changing your device’s settings.

This Website uses the Meta remarketing service. This means that third parties, including Meta, may use web cookies, beacons, and other storage technologies to collect or receive information from this Website and elsewhere on the Internet and use that information to provide measurement services and targeted ads to you on Facebook and elsewhere. This Website also uses the Meta Pixel, which is an analytics tool that allows us to measure the effectiveness of our advertising by understanding your interactions with this Website and our advertisements. The personal information collected by the Meta Pixel is anonymized to us but is processed and stored by Meta Platforms, Inc. You can opt out of this practice by visiting Metas Ad Practices Page. You can also opt out of cookies by using our cookie consent banner.

How We Protect Collected Personal Information

We will take all reasonable security precautions to protect your personal information provided to our online and mobile resources. We have adopted a security program that includes technical, organisational, administrative, and other security measures designed to protect, in a manner consistent with accepted industry standards and applicable law, against anticipated or actual threats to the security of personal information (the “Security Program”). We cannot, however, guarantee that your information, whether during transmission or while stored on our systems or otherwise in our care, will be free from unauthorised access or that loss, misuse, destruction, or alteration will not occur. Except for our duty to maintain the Security Program under applicable law, we disclaim any other liability for any such theft or loss of, unauthorized access or damage to, or interception of any data or communications including personal information. We have every reason to believe our Security Program is reasonable and appropriate for our business and the nature of foreseeable risks to the personal information we collect. We further periodically review and update our Security Program, including as required by applicable law. 

Nonetheless, as part of our Security Program, we have specific incident response and management procedures that are activated whenever we become aware that your personal information was likely to have been compromised. We further require, as part of our vendor and business partner oversight procedures, that such parties notify us immediately if they have any reason to believe that an incident adversely affecting personal information, we provided to them has occurred.

The California Consumer Privacy Act

When we collect personal information from California residents, we become subject to, and those residents have rights under, the California Consumer Privacy Act or “CCPA”. This section of our statement is used to allow us to fulfill our CCPA obligations and explain your CCPA rights. For purposes of this section, the words “you” and “your” mean only such California residents. 

What did we collect from California Residents? 

We collect the following categories of personal information: identifiers such as name, address, IP address, and other similar identifiers; personal information described in subdivision (e) of Section 1798.80 (California customer records statute) such as a name, address, telephone number, credit card number; commercial information such as products or services purchased; internet/electronic activity such as browsing history and search history; geolocation data including geographic coordinates/physical location; and audio, video, electronic or other similar information. We may disclose this information for one or more business purposes permitted by the CCPA. We do not sell, and within the last 12 months have not sold, personal information to third parties. 

Rights of California Residents 

If you are a California resident, you have the right to request the following:

  • Access: Up to two times per year, you can request that we disclose to you (1) the categories and specific pieces of personal information that we have collected from you; (2) the sources of that personal information; (3) the business or commercial purpose for that collection; (4) the categories of personal information we have disclosed for a commercial purpose; and (5) the categories of third parties with whom we have shared your personal information.
  • Deletion: You may also request that we delete any personal information that we have collected from or about you. There may be instances where we will not be able to fully comply with your request, such as if we need the personal information to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, for our internal purposes, or to comply with a legal obligation.

More information can be found here. It’s important to us that you know that if you exercise these rights, we will not “discriminate” against you by treating you differently from other California residents who use our sites and mobile resources or purchase our services but did not exercise their rights. 

To exercise your rights under California law, just contact us at info(at)katherinemackenziesmith(dot)com. We may ask you to fill out a request form. The CCPA only allows us to act on your request if we can verify your identity or your authority to make the request so you will also need to follow our instructions for identity verification. 

If you make a verifiable request per the above, we will confirm our receipt and respond in the time frames prescribed by the CCPA.

Virginia Residents

If you are a Virginia resident, you may take advantage of certain privacy rights pursuant to Virginia Code 59.1-577.  For example, you may request to access, correct, or delete your personal information.  Because “selling” personal information and engaging in “targeted advertising” as these terms are defined in Virginia law, you may also exercise your right to opt-out of such sales or targeted advertising.  You have the right to appeal a denial of your privacy rights. To take advantage of either of your rights under Virginia law, or to submit an appeal to a denial of these rights, please contact us at info(at)katherinemackenziesmith(dot)com.  We may ask you to fill out a request form. We can only act on your request if we can verify your identity or your authority to make the request so you will also need to follow our instructions for identity verification. If you make a verifiable request per the above, we will confirm our receipt and respond in the time frames prescribed by Virginia law.

The EU General Data Protection Regulation

We do collect or otherwise obtain personal information from data subjects located in the GDPR Jurisdictions. We fulfill our GDPR obligations with respect to our customers (and their own end-clients), and our vendors and business partners through a series of separate notices, contracts or other terms provided to them at the time, and in the manner and form, GDPR and local law within each GDPR Jurisdiction requires. 

We describe, in the immediately following section of this statement, how we comply with the GDPR for personal information collected from visitors to and users of our online and mobile resources while they were in a GDPR Jurisdiction. Thus, for purposes of that section, the words “you” and “your” mean only such GDPR Jurisdiction-based visitors and users. 

What do we collect from you in the GDPR Jurisdictions and how do we use it? 

We collect from you the categories of personal information already described. The lawful basis on which we rely for such collection, later use and disclosure, is what the GDPR refers to as legitimate interest. As stated elsewhere in this statement, we do not sell any of your personal information to third parties nor do we use it for automated decision making.

Cross-border Data Transfers and Third-Party Processors 

If we transfer personal information from the GDPR Jurisdictions to a location that has not been deemed by the European Commission to have adequate privacy protections, we do so in the manner the GDPR permits. 

Rights of Data Subjects in the GDPR Jurisdictions 

While we attempt to allow all visitors and users of our online and mobile resources to exercise a degree of control over their personal information, under the GDPR we have a legal obligation to do so for you. More specifically, with respect to personal information collected from you while you were in a GDPR Jurisdiction, you have these rights: transparency, access, correction and deletion, portability, who, what, why and where, and restriction/objection (for more information click here)

If you would like to exercise any of these rights, please contact info(at)katherinemackenziesmith(dot)com.  Your ability to exercise these rights is subject to certain conditions and exemptions that you can read about in Articles 12 through 23 of the GDPR. Among those conditions is our right to decline part or all a request if we cannot satisfy our reasonable doubts and concerns about your identity in a manner that helps us minimize the risk that unauthorized persons might use a GDPR right to access your personal information. We will respond to all requests without undue delay, and in accordance with the time frames, if any, prescribed by the GDPR. If you are not satisfied with how we use your personal information or respond to your requests, you have the right to complain to your data protection regulator. Contact information for the EU data protection regulators can be found here

Third Party Websites

This Website may contain hyperlinks to websites operated by parties other than us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. It is up to you to read and fully understand their Privacy Policies. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Do Not Track

Do Not Track (“DNT”) is a preference you can set on your browser to inform websites that you do not want to be tracked. We do not support DNT. You can either enable or disable Do Not Track by visiting the Preferences or Settings page of your browser.

Changes to this Privacy Statement

This privacy statement was drafted on October 5, 2023, and is effective as of this date. The English language version of this privacy statement is the controlling version regardless of any translation you may attempt. 

We reserve the right to change or update this statement from time to time. Please check our online and mobile resources periodically for such changes since all information collected is subject to the statement in place at that time

Contacting Us

If you have questions about our privacy statement or privacy practices, please contact us at:

Attention Legal Department
Katherine Mackenzie-Smith
PO Box 788
Wynnum, QLD Australia 4178

Copyright 2026 – Katherine Mackenzie-Smith – All Rights Reserved

TERMS OF SERVICE

Please read this Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://www.katherinemackenziesmith.com/ website (the “Website”) operated by Katherine Mackenzie-Smith in Queensland, Australia (“us, we, our”) as this Terms of Service contains important information regarding limitations of our liability.

Your access to or use of the Website is conditional upon your acceptance of and compliance with these Terms. This Terms of Service applies to everyone, including but not limited to visitors, users and others, who wish to access or use the Website.

By accessing or using the Website, you agree to be bound by this Terms of Service. If you disagree with any part of these Terms, you do not have our permission to access or use the Website.

Offers and Pricing

We offer services and digital products on this Website.

The price of these services and digital products can be found listed on the Website. This price includes all applicable taxes and other fees unless otherwise stated.

Purchases

When you make a purchase on the Website, you will be using a third party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third party payment processor: American Express, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor is true, correct and complete.

Cancellation

We offer cancellations on purchases made of the services and digital products offered on our Website. We offer cancellations only prior to download and prior to performance of the service. You may cancel your order by contacting us. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will issue you a refund of the full purchase price that you paid if you cancel your purchase. We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will not provide you with any notice prior to cancelling your purchase. We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor is true, correct and complete.

Refund Policy

We offer refunds on purchases made of the services and digital products offered on our Website. To qualify for a refund, you must submit your request to us within 7 Days of your purchase date by contacting us. We offer refunds on any purchases made of the services and digital products offered on our Website for any reason, unless otherwise stated.

No Warranty on Purchases

THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS”. NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Remedies

You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. This remedy is intended to be your sole and exclusive remedy for any breach of this Terms of Service as it relates to your purchase.

Subscriptions

This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription We offer monthly and yearly subscriptions.

WE DO NOT OFFER THE OPTION TO REVOKE YOUR SUBSCRIPTION SHORTLY AFTER MAKING YOUR PURCHASE.

THERE IS NO MINIMUM PURCHASE REQUIRED TO QUALIFY FOR THE SUBSCRIPTION.

AUTOMATIC RENEWALS OF SUBSCRIPTIONS

WHEN YOU PURCHASE A SUBSCRIPTION ON THE WEBSITE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EVERY MONTHLY OR YEARLY DEPENDING ON WHAT THEY SIGNED UP FOR. WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION BY USING THE PAYMENT METHOD ON FILE UNTIL YOU CANCEL YOUR SUBSCRIPTION.

YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION VIA THE FOLLOWING MEANS:

PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ON YOUR CANCELLATION EFFECTIVE DATE.

YOU MUST PROVIDE US WITH 3 DAYS NOTICE PRIOR TO YOUR AUTOMATIC RENEWAL DATE OF YOUR INTENT TO CANCEL THE AUTOMATIC RENEWALS FOR THE CANCELLATION TO BE EFFECTIVE.  If you provide such notice less than three (3) days before the first day of your next subscription month, your credit card may still be charged.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account. We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.

Prohibited Uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

  1. Impersonating or attempting to impersonate Katherine Mackenzie-Smith or its employees, representatives, subsidiaries or divisions;
  2. Misrepresenting your identity or affiliation with any person or entity;
  3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
  5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
  6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
  7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorised purpose;
  8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
  9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
  11. Otherwise attempting to interfere with the proper working of the Website;
  12. Using the Website in any way that violates any applicable province, territory, state or country laws, rules or regulations.

Products, Services, And Prices Available On The Website

Katherine Mackenzie-Smith takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website.  If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. 

Limitations of Liabilities

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL KATHERINE MACKENZIE-SMITH OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER KATHERINE MACKENZIE-SMITH HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES.  THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. 

IN NO EVENT SHALL KATHERINE MACKENZIE-SMITH’S LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO KATHERINE MACKENZIE-SMITH FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST KATHERINE MACKENZIE-SMITH OCCURRED.

Website Conduct

All aspects of our Website are protected by Australian and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads.  No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. Katherine Mackenzie-Smith trademark and logo are proprietary marks of Katherine Mackenzie-Smith, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Katherine Mackenzie-Smith.

Intellectual Property and DMCA Notice and procedure for intellectual property infringement claims

The DMCA
The Digital Millennium Copyright Act (“DMCA”) creates a standardised process for copyright holders (including software developers) to ask ], Katherine Mackenzie-Smith to take down infringing content. You can find more information about the DMCA at the U.S. Copyright Office’s official website.

As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. Our guides are NOT legal advice and shouldn’t be taken as such.

Accurate Information

The DMCA requires that you swear to the facts in your notice of infringement under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration. (See U.S. Code, Title 18, Section 1621). Submitting false information could also result in civil liability—that is, you could get sued for money damages.

Investigate

Filing a DMCA notice of infringement against such is a serious legal allegation that carries real consequences for real people. Because of that, we ask that you conduct a thorough investigation and consult with an attorney before submitting a takedown request to make sure that the use isn’t actually permissible.

A great first step before sending us a takedown notice is to try contacting the user directly.

No Automated Bots

You should have a trained professional evaluate the facts of every takedown notice you send. If you are outsourcing your efforts to a third party, make sure you know how they operate, and make sure they are not using automated bots to submit notices in bulk. These notices are often invalid and processing them results in needlessly taking down content.

Counter Notices

Any user affected by your takedown notice may decide to submit a counter notice. If they do, we will re-enable their content within 14 days unless you notify us that you have initiated a legal action seeking to restrain the user from engaging in infringing activity relating to the content on Katherine Mackenzie-Smith.

The Determination

Katherine Mackenzie-Smith exercises little discretion in the process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury.

DMCA Takedown Notice

If someone is using your copyrighted content in an unauthorized manner on Katherine Mackenzie-Smith, please send an email notification to info(at)katherinemackenziesmith(dot)com. Please include a plain-text version of your letter in the body of your message. Please include the following information into the notice:

– To submit a notice of claimed copyright infringement, you will need to provide us with the following information:

– A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf;

– Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);

– Identification of the infringing material and information reasonably sufficient to permit Twitter to locate the material on our website or services;

– Your contact information, including your address, telephone number, and an email address;

– A statement that you have a good faith belief that the use of the material in the manner asserted is not authorised by the copyright owner, its agent, or the law; and

– A statement that the information in the complaint is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.

If you must send your notice by physical mail, you can do that too, but it will take substantially longer for us to receive and respond to it. Notices we receive via plain-text email have a much faster turnaround than PDF attachments or physical mail. If you still wish to mail us your notice, our physical address is:

Katherine Mackenzie-Smith
DMCA Notice
PO Box 788
Wynnum, QLD Australia 4178

By submitting a DMCA notice via our form, email, or physical mail, you acknowledge that a copy of your DMCA submission disclosing all information provided may be shared with the accused party.

Copyright 2026 – Katherine Mackenzie-Smith – All Rights Reserved

Governing Law, Severability, Dispute Resolution, Class Action Waiver

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Queensland, Australia.

YOU AND KATHERINE MACKENZIE-SMITH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Katherine Mackenzie-Smith, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service by posting the updated terms of service to this website.

Questions and Contact

If you have questions about our privacy statement or privacy practices, please contact us at:

Attention Legal Department
Katherine Mackenzie-Smith
PO Box 788
Wynnum, QLD Australia 4178

Copyright 2026 – Katherine Mackenzie-Smith – All Rights Reserved

DISCLAIMER

Please read this Disclaimer carefully before using the https://www.katherinemackenziesmith.com/ website (the “Website”) operated by Katherine Mackenzie-Smith in Queensland, Australia (“us, we, our”) as this Disclaimer contains important information regarding limitations of our liability.

Your access to or use of the Website is conditional upon your acceptance of and compliance with this Disclaimer. This Disclaimer applies to everyone, including but not limited to visitors, users and others, who wish to access or use the Website.

By accessing or using the Website, you agree to be bound by this Disclaimer. If you disagree with any part of these Terms, you do not have our permission to access or use the Website.

Affiliate Disclaimer

We participate in various affiliate programs, which are designed to provide a means for us to earn fees by linking to their products or services on our Website. The fact that we participate in affiliate programs means we are compensated for clicks on such links, purchases of certain products or services or for our reviews. Affiliate links will be disclosed where possible.

Testimonials, Reviews, Pictures, Videos Disclaimer

Katherine Mackenzie-Smith is pleased to hear from users and customers and welcomes your comments regarding our services and products.  Katherine Mackenzie-Smith may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it.  Testimonials may be used for any form of activity relating to Katherine Mackenzie-Smith’ services or products, in printed and online media, as Katherine Mackenzie-Smith determines in its sole and exclusive discretion.  Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products.  As set forth above in Section 11, your business’ results will vary depending upon a variety of factors unique to your business and market forces beyond Katherine Mackenzie-Smith’ control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant (Katherine Mackenzie-Smith a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them. 

Additionally, Katherine Mackenzie-Smith reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use.  Katherine Mackenzie-Smith shall be under no obligation to use any, or any part of, any testimonial or product review submitted.  

Changes to Disclaimer

We reserve the right to make changes to this Disclaimer at any time. We will notify you immediately of making any changes to these Disclaimer by posting the updated terms of service to this website.

Questions and Contact

If you have questions about this Disclaimer, please contact info(at)katherinemackenziesmith(dot)com