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Terms and Conditions

About the Website

Welcome to www.projectkind.com.au (the 'Website'). The Website personal development and personal growth through workshop and supplementary content. (the 'Services').

The Website is operated by 'Project Kind'(ABN 68289024525). Access to and use of the Website, or any of its associated Products or Services, is provided by 'Project Kind'. 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 Services, immediately.

Amendment of the Terms

'Project Kind' reserves the right to review and change any of the Terms by updating this page at its sole discretion. When 'Project Kind' 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. Before you continue, we recommend you keep a copy of the Terms for your records.

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 'Project Kind' in the user interface.

Competition and Consumer ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), 'Project Kind’s' liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. You must be over 18 years of age to use this website and to purchase any goods or services.

Subscription Use

In order to access the Members only Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee'). In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the 'Account'). As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

  • Email address (so we can keep you in the loop to all things awesome)

  • Name (because everyone has a name!)

  • Mailing address (in the event we are sending you out your sign-up pack goodies)

  • Telephone number (totes optional)

  • Password (secure that shit down!)

  • Birthday (so we can send you some birthday love of course)

You warrant that any information you give to 'Project Kind' in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').

You may not use the Services and may not accept the Terms if:

  • you are not of legal age to form a binding contract with 'Project Kind'; or

  • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services

Your obligations 

As a Member, you agree to comply with the following:

  1. you will use the Services only for purposes that are permitted by: (A) the Terms; and (B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

  2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

  3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify 'Project Kind' of any unauthorised use of your password or email address or any breach of security of which you have become aware;

  4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of 'Project Kind' providing the Services;

  5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of 'Project Kind';

  6. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

  7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by 'Project Kind' for any illegal or unauthorised use of the Website; and

  8. you acknowledge and agree that any automated use of the Website or its Services is prohibited.

 

Payment

Where the option is given to you, you may make payment of the Subscription Fee and/or goods by way of PayPal ('PayPal') All payments made in the course of your use of the Services are made using PayPal. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the PayPal terms and conditions which are available on their website.

You acknowledge and agree that where a request for the payment of the Subscription Fee 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 Subscription Fee. You agree and acknowledge that 'Project Kind' can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

Delivery of Goods

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly via third party platforms upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option and community climate. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of 'Project Kind'.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you as best we can from our end.

Refund Policy

‘Project Kind’ handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Digital goods are non-refundable. Should you wish to return your physical order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of ‘Project Kind’.

Subscription refunds will only be provided in the event ‘Project Kind’ are unable to continue to provide the Services or if the manager of 'Project Kind' makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').

 

Education, Self-Development and Coaching

The advice offered by ‘Project Kind’ is intended for informational purposes only. This advice is not intended to replace or substitute for any professional, financial, medical, legal, or other professional advice. If you have specific concerns or a situation in which you require professional, psychological or medical help, you should consult with an appropriately trained and qualified specialist.

 

The opinions or views expressed by ‘Project Kind’ are not intended to treat or diagnose; nor are they meant to replace the treatment and care that you may be receiving from a licensed professional, physician or mental health professional. ‘Project Kind’, its author, and affiliated resources are not responsible for the outcome or results of following any advice in any given situation. You, and only you, are completely responsible for your actions. 

 

Links to Other Websites

‘Project Kind’ may from time to time provide on its website, links or references to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between parties. ‘Project Kind’ takes no responsibility for any of the content found on the linked websites. ‘Project Kind’ accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

 

Copyright, Trademark & Intellectual Property

The Website, the Services and all the related products of 'Project Kind' are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by 'Project Kind' or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by 'Project Kind', who grants to you a worldwide, nonexclusive, royalty-free, revocable license whilst you are a Member to: 'Project Kind' does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by 'Project Kind'.

  1. use the Website pursuant to the Terms

  2. copy and store the Website and the material contained in the Website in your device's cache memory; and

  3. print pages from the Website for your own personal and non-commercial use.

'Project Kind' retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or to you. process)

You may not, without the prior written permission of 'Project Kind' 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 Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Your Privacy

'Project Kind' takes your privacy seriously and any information provided through your use of the Website and/or Services and subscriptions are subject to 'Project Kind's Privacy Policy, which is available on the Website.

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

'Project Kind' may be required, in certain circumstances, to disclose information in good faith and where 'Project Kind' is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

General Disclaimer

Nothing in the 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. Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and 'Project Kind' 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of 'Project Kind' make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of 'Project Kind') referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  1. 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;

  2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

  3. costs incurred as a result of you using the Website, the Services or any of the products of 'Project Kind'; and

  4. the Services or operation in respect to links which are provided for your convenience.

 

Exclusion of Competitors

‘Project Kind’ encourage and welcome competitors to the market in the endeavour of enriching the lives of others. Who could argue with that? We welcome the possibility of joint collaborations between ‘Project Kind’ and competitors. However, If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of ‘Project Kind’. ‘Project Kind’ expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then ‘Project Kind’ will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. ‘Project Kind’ reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

​Limitation of liability

'Project Kind's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you. You expressly understand and agree that 'Project Kind', its affiliates, employees, agents, contributors 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.

Termination of Contract

The Terms will continue to apply until terminated by either you or by 'Project Kind' as set out below. If you want to terminate the Terms, you may do so by providing 'Project Kind' with 14 days' notice of your intention to terminate; and closing your accounts for all of the services which you use, where 'Project Kind' has made this option available to you. Your notice should be sent, in writing, to 'Project Kind' via the 'Contact Us' link on our homepage.

'Project Kind' may at any time, terminate the Terms with you if you have breached any provision of the Terms or intend to breach any provision. 'Project Kind' is required to do so by law; the provision of the Services to you by 'Project Kind' is, in the opinion of 'Project Kind', no longer commercially viable.

Subject to local applicable laws, 'Project Kind' reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts 'Project Kind's name or reputation or violates the rights of those of another party.

Indemnity

You agree to indemnify 'Project Kind', its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  1. 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 Your Content;

  2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or any breach of the Terms.

Venue & Jurisdiction

The Services offered by 'Project Kind' 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 Australia Capital Territory, Australia.

Governing Law

The Terms are governed by the laws of Australia Capital Territory, 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 Australia Capital Territory, 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.

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.

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.

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