emerge and expand membership terms of use
Last Updated: July 11, 2021

By checking the box next to these Terms of Use, and clicking the “Purchase” button, you, the purchaser of Emerge and Expand Membership (“Customer”, or “you”) agree to purchase this item provided by Katherine Mackenzie-Smith (“Company,” “we,” “our” or “us”) and agree to enter into this legally binding agreement, with terms as follows:

For good and valuable consideration, Customer agrees to purchase Emerge and Expand, a monthly membership subscription, (“Membership”) from Company.  In exchange, Company agrees to provide the purchased item, with details as outlined below.

Acceptance of the Terms of Use
These terms of use are entered into by and between You and Company. The following terms and conditions "Terms of Use" govern your access to and use of emergeandexpand.com.au, Emerge and Expand Membership, including any content, functionality, and services offered on or through emergeandexpand.com.au (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://katherinemackenziesmith.com/terms-and-conditions, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or purchase this Membership.


MEMBERSHIP DETAILS:
Emerge and Expand Membership is a monthly membership subscription.

A. Customer understands and agrees this Membership includes:
  • Unlimited access to content in the Emerge and Expand Membership Portal (including calls and content added prior to joining), as long as membership is paid and active.
  • Monthly live Q+A calls and regular live coworking sessions.
  • Access to a private community where you'll have the chance to connect with fellow members, ask questions, and get additional support.

B. Customer understands and agrees this Membership does not include:
  • 1:1 private support
  • Lifetime access to content included (as in, if membership is cancelled, access to the portal and community will cease)
  • Any good or service other than in Section A above.

Customer has done sufficient research to fully understand what is included in the Membership and what is not included in the Membership.  Customer agrees that they have reviewed and agree to Company’s Terms and Conditions, which are posted here: katherinemackenziesmith.com/terms-and-conditions


PAYMENT
In exchange of valuable consideration for the Membership provided by Company to Customer, Customer agrees to pay Company a recurring fee of AU$97 per month OR $997 per year (“Fee”).   Customer agrees to be responsible for the full Fee and agrees to pay the full Fee electronically, via Company’s website or Company’s selected third-party payment processor.

Customer shall make valid required payment prior to gaining any access to the Membership.
If the recurring monthly payment option has been chosen by the Customer, Customer gives Katherine Mackenzie-Smith permission to automatically charge Customer’s method of payment on file for all renewal payments, at the time they are due, without any additional authorisation.

Customer understands and agrees that if any payment due is not able to be processed and/or received on its due date, Company will notify Customer, who will then have a 3-day grace period to make the payment.  Once the grace period has expired, if payment is still not able to be processed, Customer’s access to the Emerge and Expand Membership will be terminated, with no refunds given for any previous payments made.

Customer further understands and agrees that Customer may choose to cancel their Membership at any time.

COMMUNICATIONS

A. Group Sessions.
Monthly classes will be scheduled at a time that is majorly acceptable to the members, speakers, and/or administrators of the group, however Customer understands this timing may not always work for Customer’s schedule or timezone.  Customer understands that any inability to attend a live class is in no way the fault of Company and does not affect the Membership.   When participating via chat during the class, Customer agrees not to be disruptive, hurtful or harassing to any members of the group.

B. Community Group.
Customer will be granted access to a private group as part of the Membership.   When participating in the social media group, Customer agrees not to post anything defamatory, harmful, hurtful, harassing or that would constitute cyberbullying.  Customer understands that Company has a zero tolerance policy towards the conduct described in this provision and will immediately terminate Customer’s access if this provision is violated.

C.  Access to Company.
During the Membership, Company will be accessible to Customer through the private Facebook community, where Company is regularly active.  Company will respond as soon as possible to questions posted within the Community.

NON-DISCLOSURE AND CONFIDENTIALITY
Customer understands that this Purchase includes access to Company’s intellectual property, original work, business affairs, third-party confidential information, trade secrets and other sensitive or proprietary information, (“Company’s Information”, “confidential information”, and/or “information”), including but not limited to video recordings, strategies, technical information, verbal guidance and other unpublished information.  Customer agrees not to share, distribute, repurpose, claim ownership of, use for commercial benefit, disclose to third parties or copy any of Company’s Information and agrees that doing so is in direct violation of these Terms of Use. Customer agrees not to resale any of Company’s intellectual property, trade secrets and other proprietary information.

Customer understands that this non-disclosure provision remains in effect in perpetuity and Company reserves the right to prosecute any such violation to the full extent of the law.

By participating in the Emerge and Expand Membership, Customer may share private and confidential information with Company and other members in the program (“the Group”).  Company agrees not to disclose such confidential information except as otherwise reserved in this agreement and if required to do so by law.  A further exception to this is if Company is required by law to disclose information shared by Customer, or if Company has a good faith reason to believe that disclosing such information is necessary to protect Customer, Company, a third party, or to respond to an emergency.  Further, Customer may authorise Company to disclose private and/or confidential communications independent of this agreement or outside the scope of this agreement and such authorisation will be given by Customer to Company in writing.

Customer also understands that other members of the Group may share their confidential or proprietary information (“the Group Information”).  Customer agrees not to copy, share, distribute, repurpose, claim ownership of, use for commercial benefit or disclose to third parties outside of the Group, any of the Group Information and agrees that doing so is in direct violation of these Terms of Use.  Customer understands that this non-disclosure provision remains in effect in perpetuity and a third party may prosecute any such violation to the full extent of the law.  Customer agrees to hold Company harmless from any such action taken by a third-party against Customer.
Customer and Company agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.

INTELLECTUAL PROPERTY
Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Membership, unless otherwise stated, including but not limited to, brand design, brand elements, design elements, writings, documents, templates, videos, audio recordings, worksheets, emails, handouts, recipes, activities, strategies, systems, techniques, logos, trademarks and other proprietary information and original work created by Company, whether created prior to working with Customer or specifically created for Customer.

By enrolling in the Emerge and Expand Membership, Customer is granted one limited, revocable, non-exclusive, non-sublicensable, non-transferable license solely to view, read, download, print and use the materials and content in the Membership, for Customer’s personal use only, as directed by Company.  No use by Company of the Product in any medium or manner will be deemed to interfere with the limited permissions made to Customer by Company herein. All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.

Customer agrees not to copy, give away, reproduce, edit, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent.  If a violation of this provision is discovered or suspected, Customer understands that this may constitute infringement and theft of Company’s intellectual property and may be a violation of State and Federal laws.  In the event of a breach of this section, Company may terminate Customer’s access to the Membership, without refund, and reserves the right to prosecute such infringement to the fullest extent of the law.

Company reserves all rights not expressly granted to Customer under these Terms of Use.


TERMINATION
Customer may terminate and discontinue the Membership at any time, for any reason, by going to the Company's website at https://emergeandexpand.com.au/customer-center and selecting to cancel their membership. Membership will be active up until next billing date. Customer may also email their cancellation request to the Company, and Company will cancel their subscription within 2 business days, however this will result in immediate cancellation. Customer agrees and acknowledges that no portion of payments already made will be refunded.

REFUND POLICY
Company’s refund policy is as follows:
All membership subscription payments are non-refundable regardless as to payment option.  Customer acknowledges that this is a digital membership and customer gains  access to all class replays and other inclusions upon purchase. Due to said valuable consideration, we do not issue refund payments of any kind. Customer has the right to unilaterally cancel their membership at any time by selecting to cancel their subscription through the online members portal as described in the foregoing Termination clause.

Customer understands that Company does not give refunds.


TESTIMONIALS
Company may request Customer to provide a testimonial on the Purchase.  Customer understands that there is no requirement to provide such a testimonial and further understands that if Customer declines to provide such a testimonial, there will be no negative consequences or change in relationship between Company and Customer.

If Customer chooses to provide a testimonial, it will be purely voluntary, at Customer’s own discretion.  Customer understands that the testimonial, along with Customer’s identifying information may be used in Company’s marketing and promotions, with no financial compensation to Customer, and Company will hold an unlimited, irrevocable, worldwide license in perpetuity to use, publish, distribute or repurpose any information provided to Company as part of such testimonial.  Customer agrees to sign a Testimonial Release if requested by Company.

NO GUARANTEES, NO WARRANTIES
Customer is participating in this Purchase voluntarily and understands that Company makes no guarantees or warranties regarding Customer’s results with this Purchase.

Customer agrees that Company is not responsible and Customer does not have a cause of action, legal remedy or an entitlement to a refund if Customer does not achieve the desired result upon completion of the Purchase.  Customer agrees that Company is not responsible if there are errors or omissions in the Purchase or any of its materials.

The Purchase is provided “as is,” and, except for the express warranties in these Terms of Use, is offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement.  Customer agrees not to hold Company responsible if Customer becomes dissatisfied with the Purchase.  The Purchase is intended for a general audience and is not in any way specific advice tailored to any individual.

Content and calls are designed to support you in reaching your goals, but your success depends on many factors, including your own motivation, dedication, starting point, willingness to work hard and apply the lessons, mindset, etc. and you understand that these factors will impact your results.  You also understand that Company may offer guidance, direction, and program materials but does not actually implement anything for you.  You are responsible for producing your results.

DISCLAIMER

REFERENCE
Customer understands that nothing in the Purchase is intended to constitute or should be relied upon as financial, business or legal advice. Katherine Mackenzie-Smith provides social media information and education.  Client understands that Company is not an accountant firm, financial advisor firm, law firm or other licensed business professional firm and is not acting as such.  Nothing in the Services is intended to be a substitute for professional advice from an accountant, financial advisor, lawyer or other licensed business professional.

 Company is providing services only in the capacity as a consultant, not as a licensed business professional.  Katherine Mackenzie-Smith does not guarantee that Client will obtain any specific results or earn any money using its recommendations.

Customer has read, understands and consents to be bound by Company’s full Disclaimer, located at katherinemackenziesmith.com/terms-and-conditions, which is incorporated here.

ASSUMPTION OF RISK 
Customer is entering into this Purchase voluntarily at Customer’s own free will.  Customer understands that the Purchase may include participation in financial, business or career strategies which include inherent risks.  Customer confirms that during participation in this Purchase, Customer will always have the opportunity to consult with a licensed business  professional before acting on any content of the Purchase.  If Customer chooses not to consult with other licensed professionals and chooses to act on any content in the Purchase, Customer agrees that Customer is acting voluntarily and assumes all risks of use or non-use and agrees not to hold Company responsible for any harm, illness, injury or other negative results.

LIMITED LIABILITY, INDEMNIFICATION
Customer agrees that under no circumstances is Company to be held liable for any damages, whether direct or indirect, resulting from these Terms of Use or the Purchase, including any losses, injuries or medical ailments, and Company expressly excludes such liability to the fullest extent of the law.  In no event shall Company’s liability exceed the fees paid under these Terms of Use.

Customer agrees at all times to indemnify, defend and hold Company and its team members, agents, affiliates, and other parties associated with Company, harmless from any actions, losses, damages or expenses, as well as third party claims, including legal fees and expenses, arising out of or related to these Terms of Use or Purchase.

GOVERNANCE
These Terms of Use shall be construed in accordance with, and governed by, the laws of the State of Queensland, Australia as applied to contracts that are executed and performed entirely in Queensland, Australia - regardless of Customer’s location.  The exclusive venue for any legal proceeding based on or arising out of these Terms of Use shall be Brisbane, Queensland.


ENTIRE AGREEMENT, WAIVER, SEVERABILITY, ASSIGNMENT
Customer and Company agree that these Terms of Use constitute the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings or proposals.  Customer understands that any expectation regarding the Purchase, which is not specifically included in these Terms of Use is not included in the Purchase.

Customer agrees that no waiver of any of the provisions of these Terms of Use shall be deemed, or shall constitute, a waiver of any other provision of these Terms of Use, nor shall any waiver constitute a continuing waiver.

If any term of these Terms of Use is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

These Terms of Use are not assignable, delegable, sub-licensable, or otherwise transferable.

CHANGES TO TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in the dispute resolution and governance provisions will not apply to any disputes for which the parties have actual notice [on or] before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.


FINAL
By purchasing Membership, Customer and Company acknowledge and agree to all of the terms of these Terms of Use.

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