1. THE KING COLLECTIVE WEBSITE TERMS AND CONDITION AND CONDITIONS OF REGISTRATION
The King Collective websites at http://www.thekingcollective.com.au and https://go.thekingcollective.com.au and https://the-kingdom.mykajabi.com and related mobile applications (together, theWebsite) are owned and operated by Millar Montgomery (31 776 135 738) of 2/77 Vernon Street, South Kingsville, Melbourne Victoria 3015, Email: firstname.lastname@example.org (The King Collective, we, us, our).
By registering on our website, you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By registering on our website, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.
These terms apply to the use of this Website, including the use of the information services provided through this Website.
Upon registration as a member, you will be provided with a password and account. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Website.
If you, or a user on whose behalf you register (including a minor), breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that The King Collective is entitled to suspend or terminate your use of the Website or membership at any time if The King Collective reasonably considers that you have brought, or may bring, the reputation of The King Collective or its members into disrepute.
If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this Website and ensure compliance with these terms.
2. PAYMENT AND REFUNDS
Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to our service is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant product that is the subject of your order. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered.
We expect that we will use Stripe payment gateway or a similar service for most financial transactions. We may be able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.
Our program fees and other charges are GST inclusive unless otherwise specified on the tax invoice. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST.
To the extent permitted by law, including subject to any rights you may have under the Australian Consumer Law:
1. All fees are non-refundable and are non-transferable once you purchase the program, unless:
- During the period in which you have paid for access to our information service through this Website, the information service is not available. In this circumstance, a pro rata refund may be granted upon written request by email at email@example.com, however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means (such as email, facebook, etc); or
- we agree to issue you with a refund in accordance with clause 9 below.
2. You must bear any expenses that you may incur in connection with your request for such a refund. Upon receipt of a refund your subscription or payment plan with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances.
3. All fees are non-cancellable and non-refundable except as expressly set out in these terms and conditions. You will not be able to terminate your subscription prior to the end of the subscribed term, and you will not be granted a refund. If you have chosen to pay the subscription fee in instalments, you acknowledge that your account will continue to be debited until the end of the subscribed term (e.g. the full 12 weeks).
3. CONDITIONS OF USE OF THIS SITE
Seek advice from a Medical or Mental Health Professional
No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website or with our coaching, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional advice.
You must consult a qualified medical or mental health professional if you have any questions concerning your medical condition or mental health.
Our service shall be delivered as described from time to time on our website. You acknowledge and understand that access to any specific trainer mentioned in the Website, including Millar Montgomery, in person, or on-line is not guaranteed.
All information provided by us on the Website and coaching is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website and coaching may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website and coaching or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website and with our coaching.
Quality of the Website
We do not promise that the Website and coaching will be error-free or uninterrupted. The Website and its content are delivered on an "as-is" and "as-available" basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed. The delivery of video messages is dependant upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website.
You may be entitled to a refund in limited circumstances. See the clause (payment and refunds) below for further details.
Third Party Content
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Program Administrator at firstname.lastname@example.org. We may investigate the claim and take appropriate action, in our sole discretion.
Security of information
No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Under the Australian Consumer Law we guarantee that the services we supply are provided with due care and skill, are reasonably fit for any specified purpose, and are provided within a reasonable time.
Our goods and services (including, but not limited to, the information services provided through this Website and coaching programs) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement (or resupply in the case of services) or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.
Terms Implied by Law
All implied guarantees, warranties and conditions of any kind in connection with the website and its contents or our services are expressly disclaimed. Some laws imply terms and conditions into agreements such as these terms and conditions that cannot be excluded. If we breach a non-excludable term or condition, we will be liable for that breach. However, if we are allowed to limit our liability for that breach under the relevant law, our liability will be limited to
1. If the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
2. If the breach relates to services, re-supplying, or paying the cost of re-supplying, those services
Limitation of liability
Indirect and Consequential Loss
To the extent permitted by law, and without limiting any non-excludable consumer rights you may have, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website or coaching, any linked website, your reliance on any information obtained through the Website or your use of any services on the Website and coaching, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
To the extent permitted by law, our total liability in respect of all claims in connection with these terms and conditions (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under these terms and conditions up until and including the date the cause of action accrued.
The limitations of liability set out in these terms and conditions do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You agree to indemnify us and our employees, agents and subcontractors, from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of:
(a) Your breach of these terms and conditions;
(b) Your use of, or access to the Website and coaching; and
(c) Any failure to comply with any law,
Except that you are not required to indemnify us for any losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred to the extent that they were was caused or contributed to by any negligent or wilful act or omission by us.
5. INTELLECTUAL PROPERTY
Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.
All names, logos and trade marks on this 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.
We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
The following are examples of conduct that are not authorised by these terms.
1. Sharing the content of this Website or your account with other persons;
2. Publishing or posting any of the content (such as recipes or exercise programs) on any other website, including on social media pages or websites;
3. Using the logo or trade marks of this Website, the phrase "The King Collective" (or anything substantially identical or deceptively similar), Millar Montgomery or his likeness to describe, market, endorse or promote any goods or services (including goods and services such as meal plans and personal training services);
4. Registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us or Millar Montgomery; and
5. Systematic downloading or "scraping" of content of the Website.
We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:
1. The frequency and nature of any downloads; and
2. The time of access and IP addresses used to access the Website.
We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.
6. LINKED WEBSITES
The Website (or User Content) may reference or link to third party sites on the internet. We have no control over these sites or the content within them. We cannot, and do not, guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.
You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time. Where there are material changes to these Terms and Conditions that could adversely affect you or The King Collective's members, we will provide you additional notice to you by way of the email address you have provided to us. Without limiting our right to give notice by any other means, you will be deemed to have:
1. Received notice of such changes when we place a notice on the Website setting out the changes; and
2. Agreed to the terms and conditions as varied the next time you access your account after we publish the notice on the Website.
If you do not agree with the changes, then prior to you accessing your account you may notify us by emailing email@example.com and requesting a pro-rata refund. Where the proposed changes have more than a minor detrimental effect on your circumstances (in our reasonable opinion), we will refund a percentage of your subscription fee calculated by reference to the amount of time remaining on your subscription.
8. PERSONAL INFORMATION COLLECTION NOTICE
In registering for access or using this Website or coaching, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you.
While we store the majority of the personal information that we collect from you in Australia, we may from time to time store some of the information in a computer server located in the United States.
9. SEVERANCE & TERMINATION
The King Collective may in its sole and absolute discretion refuse registration, or suspend or terminate membership at any time and for any reason, subject to a valid pro-rata refund of fees.
If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.
The terms underneath the following headings survive the termination and expiry of this agreement: "terms implied by law", "indirect and consequential loss", "total liability", "indemnity", "intellectual property" and "user-generated content".
11. GOVERNING LAW
These terms are governed by the laws in force in Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.