Kristy Robinson Consulting

Website Terms and Conditions of Use

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1. About the Website
 

1.1 Welcome to www.kristyrobinson.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase a workshop (the ‘Workshop”), course (‘Course’) and coaching program (the ‘Program’) that have been listed for sale through the Website (the ‘Services’) as well as browse and download the free resources (the ‘Free Resources’) listed on the Website. The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

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1.2  The Website is operated by Wild Basket Pty Ltd (ACN: 143 859 107) t/a Kristy Robinson Consulting (‘Kristy Robinson Consulting’). Access to and use of the Website, or any of its associated products and Services are provided by Kristy Robinson Consulting. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

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1.3 Kristy Robinson Consulting reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Kristy Robinson Consulting updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

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2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Kristy Robinson Consulting in the user interface.

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3. Purchase of Services

1. In using the Purchase Services to purchase the Services through the Website, you will agree to the payment of the Purchase Price listed on the Website for the Products.

2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (the 'Payment Gateway Providers').

3. In using the Purchase Services, 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.

4. Following payment of the Purchase Price being confirmed by Kristy Robinson Consulting, you will be issued with a receipt to confirm that the payment has been received and Kristy Robinson Consulting may record your purchase details for future use.

5. 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.

6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
    

4. Purchase of the Workshop - Refunds and Cancellations

 

1. Kristy Robinson Consulting requires all enquiries, applications, bookings and purchases for the Workshop, to be made via the method provided on the website.

2. If you choose to purchase the Workshop, Kristy Robinson Consulting agrees to perform the services for you for the Purchase Price and on the date/s as set out on the Workshop information page and payment page.

3. Subject to clauses 4.5 and 4.6, the Workshop is non-refundable. This means if you wish to terminate your involvement you will not be provided with a refund.

4. If you are no longer able to attend your original booking date for the Workshop, Kristy Robinson Consulting may at its sole discretion, and depending on availability, allow you to alter your booking to allow you to participate in the Workshop on an alternative date. Any request to alter your booking must be made in writing to kristy@kristyrobinson.com.au at least 14 days prior to the Workshop commencement date.

5. If the Workshop is cancelled by Kristy Robinson Consulting before the scheduled start date and time, for any reason whatsoever, you will receive a full refund of the Purchase Price.  Kristy Robinson Consulting will communicate with you directly.

6. Kristy Robinson Consulting may reschedule the Workshop at any time. If you are not able to attend the new date, you will be provided with a full refund of the Purchase Price.

7. Kristy Robinson Consulting will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of the Workshop.

8. If at the sole discretion of Kristy Robinson Consulting, Kristy Robinson Consulting forms the opinion that it is unable to provide the Workshop in person due to the covid-19 pandemic, the Workshop will be converted to an online format.

9. No refund will be available to you should the Workshop be held online due to the covid-19 pandemic.​

 

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5. Purchase of Program - Refunds and Cancellations and Termination

1. Kristy Robinson Consulting requires all bookings and purchases for the Program to be made via the method provided on the website.

2. If you choose to purchase the Program, Kristy Robinson Consulting agrees to perform the services for you for the Purchase Price as set out on the Program information page and payment page.

3. Subject to clause 5.7, The Program is non-refundable. This means that if you wish to terminate the Program early, all unpaid amounts of the Purchase Price are non-refundable. If You are unable to attend a group session, you will not be provided with a refund.

4. For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Program early, Kristy Robinson Consulting reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Program will be revoked

5. Kristy Robinson Consulting may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.

6. Kristy Robinson Consulting reserves the right to terminate your involvement in the Program for breach of these Terms with 7 days’ notice by e-mail.

7. If Kristy Robinson Consulting terminates the Services, you agree to pay Kristy Robinson Consulting for the portion of the Services completed up to the date and time of termination.

8. In the event that any payment under the Terms is not made in full on the due date, Kristy Robinson Consulting is entitled to charge You interest at the rate of 5% per annum, calculated daily.

9. You agree that if You default on any payments due and payable under the Terms, any costs incurred by Kristy Robinson Consulting for steps taken to enforce payment terms will be recoverable and payable by You.

10. Kristy Robinson Consulting will only provide You with a refund of the Purchase Price in the event that Kristy Robinson Consulting is unable to continue to provide the Program (the 'Refund').

 

6. Cancellation and rescheduling of one-on-one coaching sessions

1. Both Parties agree to reschedule any one-on-one sessions in writing.

2. Kristy Robinson Consulting understands that things change, and therefore if you need to make a request to alter your session time you agree to provide at least 2 business days’ notice. Unfortunately, if you have to make changes within 2 business days of your scheduled session, you will forfeit the session.

 

7. Purchase of the Course – Refunds and Cancellations

1. Kristy Robinson Consulting requires all bookings and purchases for the Course to be made via the method provided on the website.

2. If you choose to purchase the Course, Kristy Robinson Consulting agrees to perform the services for you for the Purchase Price as set out on the Course information page and payment page.

3. The Course is non-refundable. This means that if you wish to terminate the Course early, all unpaid amounts of the Purchase Price are non-refundable. If You are unable to attend a group session, you will not be provided with a refund.

4. For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course early, Kristy Robinson Consulting reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment, and your access to the Course will be revoked.

5. Kristy Robinson Consulting may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.

6. Kristy Robinson Consulting reserves the right to terminate your involvement in the Course for breach of these Terms with 7 days’ notice by e-mail.

7. If Kristy Robinson Consulting terminates the Course, you agree to pay Kristy Robinson Consulting for the portion of the Services completed up to the date and time of termination.

8. In the event that any payment under the Terms is not made in full on the due date, Kristy Robinson Consulting is entitled to charge You interest at the rate of 5% per annum, calculated daily.

9. You agree that if You default on any payments due and payable under the Terms, any costs incurred by Kristy Robinson Consulting for steps taken to enforce payment terms will be recoverable and payable by You.

10. Kristy Robinson Consulting will only provide You with a refund of the Purchase Price in the event that Kristy Robinson Consulting is unable to continue to provide the Course (the 'Refund').

 

8. Delivery of Course and License Information

1. Each Course purchase grants to You access to the Course through the relevant Member Portal (the ‘Member Portal’).

2. When You purchase a Course through the Website, Kristy Robinson Consulting grants You a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for Your specific, non-commercial use only (the ‘Licence’).

3. The Licence is valid for the Course term outlined in the Course information page of the relevant Course (‘Licence Term’). This means the Course will be viewable via the download link for the Licence Term only. After this time the Course will expire and You will no longer be able to access the Course.

4. The Course is intended for use in a single household within the licence Term only. Sharing of Your Licence is prohibited. This includes the sharing of any supplemental Course materials, digital resources, and access to any other aspect of the Course. 

 

9. Copyright and Intellectual Property Rights
 

Intellectual Property Rights

1. You agree that any works, items, materials or information of whatever nature produced or developed by Kristy Robinson Consulting or under the direction of Kristy Robinson Consulting pursuant to or in the Workshop, Program, Course or in the course of providing the Services will remain the sole and complete property of Kristy Robinson Consulting, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).

2. If you have fully complied with these Terms and if the works, items, materials or information referred to in clause 8.1 have been produced by Kristy Robinson Consulting as part of the Workshop, Program, Course or in the course of providing the Services, Kristy Robinson Consulting grants to you a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the commencement of the Workshop, Program or Course.

3. There is no assignment of Intellectual Property Rights by Kristy Robinson Consulting to you pursuant to these Terms.

4. Nothing in these Terms affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms.

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10. Indemnification

You hereby indemnify and agree to keep indemnified Kristy Robinson Consulting 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 in such literary and artistic works supplied as aforesaid.

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11. Group Coaching

1. As a participant in a group Course (Participant), you expressly agree that you will not, through any means:

   • harm, harass, hassle or abuse other Participants; or

   • send un-welcomed communication such as spam to other Participants; or

   • act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or

   • infringe the intellectual property or privacy rights of any Participant or any third-party.

2. Kristy Robinson Consulting, at its discretion, reserves the right to remove, edit or alter any content created by you on any platform utilised in the delivery of the Services.

3. Kristy Robinson Consulting retains the right to deny you access to the Services at any time for breach of these Terms.

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11. Warranty

1. Kristy Robinson Consulting will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Kristy Robinson Consulting makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.

2. The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled to cancel these Terms with Kristy Robinson Consulting, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. 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.

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12. Services Disclaimer

You agree that you are solely responsible for creating and implementing your own career, financial, business, physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and Kristy Robinson Consulting’s relationship with you, its educational materials and interactions with you. As such, you agree that Kristy Robinson Consulting is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services it provides.

 

13. Information Disclaimer

1. Any information, advice, content or documentation provided on the Website, through the Services, Free Resources, social media accounts, podcast, blog or on any other related platform do not constitute career, professional, financial, business or other advice, and are provided for general information and guidance purposes only.

2. All care is taken in the preparation of the information and published materials on the Website, through the Services, Free Resources, social media accounts, podcast, blog, or on any other related platform. Kristy Robinson Consulting does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

3. To the extent permissible by law, Kristy Robinson Consulting will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services, Free Resources, social media accounts, podcast, blog, or on any other related platform.
    

14. Copyright and Intellectual Property

1. You acknowledge that the Website, the Purchase Services, the Services and Free Resources content, the blog content, the podcast content, social media content, Kristy Robinson Consulting’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Kristy Robinson Consulting or its affiliates, licensors, or suppliers whether displayed on the Website, social media accounts, blog or on any other related platform (‘the Content’).

2. You hereby indemnify and agrees to keep indemnified Kristy Robinson Consulting against all liability, losses or expenses incurred by Kristy Robinson Consulting in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Kristy Robinson Consulting or any third party by you or your agents.

3. You may not, without the prior written permission of Kristy Robinson Consulting and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

4. For any services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Kristy Robinson Consulting, Kristy Robinson Consulting grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific services, and any related software, content, equipment or other materials for your specific, non-commercial use only.
    

15. Privacy

Kristy Robinson Consulting takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to the Kristy Robinson Consulting Privacy Policy.
 

16. General Disclaimer

1. You acknowledge that Kristy Robinson Consulting does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services and Free Resources other than provided for pursuant to these Terms.

2. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

3. Subject to this clause, and to the extent permitted by law:

   • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

   • Kristy Robinson Consulting will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

4. Use of the Website, the Purchase Services, Services and Free Resources of Kristy Robinson Consulting is at your own risk. Everything on the Website, the Purchase Services, Services and Free Resources of Kristy Robinson Consulting, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Kristy Robinson Consulting make any express or implied representation or warranty about its Content or any Services or Purchase Services (including the Services or Purchase Services of Kristy Robinson Consulting) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

   • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

   • the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

   • costs incurred as a result of you using the Website, the Purchase Services or any of the Services;

   • the Content or operation in respect to links which are provided for your convenience;

   • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

   • any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
      

17. Mailing List and SMS List

1. You will be given the option to register for the Kristy Robinson Consulting Mailing List (the 'Mailing List') and the SMS List (the ‘SMS List’).

2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

   • Email address

   • Telephone number

   •  Name and address

3. If you choose to register for the Mailing List or SMS List you agree to receive promotional material, updates and other content from Kristy Robinson Consulting.
    

18. User Generated Content

If you choose to contribute any content to the Website or any other platform operated by Kristy Robinson Consulting, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).

1. By contributing content to the Website, you grant Kristy Robinson Consulting a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Kristy Robinson Consulting.

2. Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Kristy Robinson Consulting can use that information with your User Content for advertising and promotional purposes, or any other business purpose

3. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Kristy Robinson Consulting social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Kristy Robinson Consulting. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

4. Please ensure you keep your own copies of Your Content as Kristy Robinson Consulting may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

5. Kristy Robinson Consulting will endeavour to provide you with an appropriate credit when using Your Content on Kristy Robinson Consulting platforms, though you understand and agree this may not always be possible.

6. Kristy Robinson Consulting reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
    

19. Limitation of Liability

1. The total liability of Kristy Robinson Consulting arising out of or in connection with the Purchase Services 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 Kristy Robinson Consulting is the resupply of information or Purchase Services to you.

2. You expressly understand and agree that, Kristy Robinson Consulting, its affiliates, employees, agents, contributors, third party content providers and licensors shall 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. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

3. Kristy Robinson Consulting is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Kristy Robinson Consulting, by third parties or by any of the Purchase Services offered by Kristy Robinson Consulting.
    

20. Indemnity

1. You agree to indemnify Kristy Robinson Consulting, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

   • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

   • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

   • any breach of the Terms.
      

21. Venue and Jurisdiction

The Purchase Services offered by Kristy Robinson Consulting is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
 

22. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
 

23. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
 

24. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.