TERMS & CONDITIONS
This website and all associated digital platforms, social media accounts, and other online presences (together, the Website), contents, products, materials, and services (together, the Services) are licensed and operated by Kathryn Rose Pty Ltd ABN 90607397311 (The Retail Toolkit, we, us, our). The terms you or Client refer to any user or browser of the Website, or a purchaser or consumer of our Services.
These Terms and Conditions and any additional disclaimers, policies, and legal notices displayed on this Website from time to time explain how you may use the Website and our Services. It is important that you read and understand these Terms and Conditions. By accessing any information or using the Services provided through the Website, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time.
You agree that the use of the Website and Services is at your own risk. If you are under the age of 18, you must obtain your parent or guardian’s prior consent to use the Website and Services. You acknowledge and agree that using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of this Agreement, and this Agreement may be terminated in accordance with the provisions below.
These Terms and Conditions do not modify, restrict, or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted, or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Services.
1. Our Services
The Website and Services aim to provide information, education, and consultation services for individuals and businesses via online courses, guides, templates, and one-on-one consulting. All information, videos, content, and material contained in or available through the Website and Services are provided for general informational and educational purposes only.
The information we provide is based on our knowledge and experience as business consultants, though we make no guarantees of any specific result from the use of the Website or Services. We derive our information from sources that we believe to be accurate and up to date at the time of publication, but we do not make any representations or warranties that the information we provide is reliable, current, or complete at all times. Your reliance on any information on this Website is solely at your own risk, and we make no guarantees as to the suitability, outcome, or results of its application.
2. Scope of Work
For each specific consulting project, the parties will agree to a separate Statement of Work (SOW). The SOW will detail the project's specific deliverables, timeline, fees, and the responsibilities of both parties. The SOW will be considered an integral part of these Terms and Conditions.
3. Permitted Use
The Retail Toolkit prohibits the use of the Website or any of its functionalities, features, and content in any manner other than expressly indicated. You agree to use the Website and Services responsibly and comply with all applicable laws and regulations. You must not interfere with or disrupt the platforms, servers, or networks connected to the Website. You agree you may not use the Website or Services for any unlawful purpose or to solicit the performance of any illegal activity or other conduct that infringes on our rights or the rights of others.
You may not use the Website or Services, or any part of them, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, selling, creating derivative works, exploiting or distributing any content accessed or purchased through our Services. You are granted a limited, personal, non-exclusive, non-transferable license to use our downloadable content for your own personal or internal business use.
4. Registration and Subscriptions
By making an inquiry, subscribing, or downloading any of our free materials, you consent to receiving electronic communications from us. You can choose to opt out of receiving communications from us at any time by following the unsubscribe instructions contained in the email.
We may offer products and services that require registration or subscription. By doing so, you agree that you are responsible for maintaining the confidentiality of your account details and for all activity that occurs via your account. You agree that all information you provide to us will be true, accurate, current, and complete.
5. Community Guidelines
If and when a community platform is provided, it is essential to ensure that all members adhere to the Community Guidelines to maintain a safe and ethical online environment. We will not tolerate disrespectful conduct of any kind toward any individual. You must not defame, stalk, bully, abuse, or harass anyone, or restrict another user’s use and enjoyment of the community.
We reserve the right to suspend or terminate access to the community or Services for any member who violates these guidelines or engages in any conduct that threatens the integrity of the community.
6. Third-Party Information and Links
The Website may contain links to third-party websites or resources for informational purposes. You acknowledge and agree that we are not responsible for the information, services, or resources of any third parties. These links do not imply any commercial endorsement by, or affiliation with, us. Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Services. Any other link will be covered by the terms and conditions of that website or resource, for which we are not responsible.
We use third-party services like HubSpot, Zoom, and various payment gateways to provide our services. Your use of these platforms is subject to their own respective terms and conditions.
7. Purchases and Payments
By purchasing our Services, you agree to pay all specified fees. You will be responsible for the full amount purchased. We reserve the right to suspend Services if payment is not made on time.
You agree that you will not make any chargebacks to our account or cancel any credit card provided without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks.
8. Payment Terms Payment for all invoices is due within 14 days of the invoice date. We reserve the right to charge a late payment fee calculated at a rate of 10% per annum, applied daily, on any overdue amounts. In addition to the late payment fee, you agree to pay for any costs we incur in recovering the overdue amount, including but not limited to our internal administrative and legal costs, and any fees charged by a third-party debt collection agency. We may suspend the provision of Services until all outstanding amounts and related fees are paid in full.
9. Cancellations and Refunds
Refunds on our consulting services and online courses are considered on a case-by-case basis. We reserve the right to refuse to provide a full or partial refund, pursuant to the Competition and Consumer Act 2010 (Cth). Please note that cancellations or re-scheduling of a consultation meeting may incur a non-refundable cancellation fee.
Refunds for any digitally downloaded products, including but not limited to guides, templates, and ebooks, will not be granted.
10. Intellectual Property & Ownership
You acknowledge and agree that the Website and the Services contain information and content that is owned by The Retail Toolkit and is protected by all intellectual property and copyright laws recognised throughout the world.
You are prohibited from copying, distributing, sharing, and/or transferring information, content, and material from the Website or Services (and/or their associated usernames or passwords) that you purchased to any third party or person.
All names, logos, and trademarks on the Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos, or trademarks without the express written agreement of the relevant owners.
All intellectual property rights, including copyrights, in any materials, reports, or methodologies developed by us during the course of providing the Services will remain our property. You are granted a limited, non-exclusive, non-transferable license to use these materials solely for your own internal business purposes related to the Services we have provided. You may not reproduce, distribute, or create derivative works from these materials without our express written consent.
11. Confidential Information
All personal information is handled in accordance with our Privacy Policy. With respect to your confidential business information, we will not disclose your identity or that of your business to external third parties without your permission. We will only discuss your information with others outside our company if it is for the explicit purpose of seeking information to provide our services. Internally, we may share information about your case with our team or trusted contractors to ensure we can deliver the service.
12. Warranties and Liability
Certain Australian legislation, including the Competition and Consumer Act 2010 (Cth), may contain guarantees or impose obligations that cannot be fully excluded, restricted, or modified. These Terms must in all cases be read subject to such statutory provisions. If we are liable to you under these provisions, our liability is limited, to the extent permitted by law, to:
Supplying the services again; or
The payment of the cost of having the services supplied again.
We do not guarantee that your use of the Services will be uninterrupted or error-free. You expressly agree that your use of the Services is at your sole risk. The Services and all content delivered to you are provided on an ‘as is’ and ‘as available’ basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
In no case shall The Retail Toolkit, its directors, employees, or contractors, be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services. In any event, our aggregate liability for all claims related to the Services shall not exceed the greater of $100 AUD or the amount you have paid us in the last 12 months.
We do not guarantee that the Services will be free from loss, corruption, viruses, or other security intrusions. You are responsible for backing up your own system and hereby release us from any liability related to the security of your information.
13. Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms and Conditions if such failure or delay is caused by a Force Majeure Event. A Force Majeure Event is an event or circumstance beyond a party’s reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, fire, flood, epidemic, or government restrictions.
14. Waivers and Indemnity
By using the Services, you agree to indemnify and hold The Retail Toolkit, its directors, officers, employees, and affiliates harmless with respect to any claims arising out of your breach of this agreement or your misuse of the Services. You agree not to sue or seek to recover any damages from us for actions we take as a result of a suspected or actual violation of this agreement. This waiver applies to all violations described or contemplated by this agreement.
15. Governing Jurisdiction
This agreement is governed by the laws of Western Australia. You agree to submit to the exclusive jurisdiction of the courts of Western Australia, or other such competent courts, to resolve any dispute or claim between the parties arising from or in relation to this Agreement.
16. Miscellaneous
This Agreement constitutes the entire agreement between you and The Retail Toolkit concerning your use of this Website and supersedes all prior agreements. If any part of this Agreement is held invalid or unenforceable, that part may be severed, and the remaining portions will remain in full force and effect. The failure of a party to enforce any provision of these Terms does not constitute a waiver of that provision.
DISCLAIMER
Website Content: The information on this Website and the resources available for download are for educational and informational purposes only and are not a substitute for professional advice. We have done our best to ensure the information is accurate, but we cannot be held liable for any errors or omissions.
No Guarantees: You acknowledge that we have not made any guarantees regarding the results of taking any action based on our information. Your ultimate success or failure will be the result of your own efforts, circumstances, and other factors beyond our control. Any testimonials or reviews from other clients are not a guarantee of similar results.
Affiliate Links: We may participate in affiliate marketing and may earn a commission if you click on or make purchases via affiliate links. We will only affiliate with products, services, and experts that we believe will provide value. It remains your responsibility to conduct your own research before making a purchase.