Membership Terms and Conditions

ADDITIONAL TERMS OF SERVICE FOR OUR MEMBERSHIPS

These Additional Terms of Service (“Terms”) apply to all members, or all potential members of KG Industries Pty Ltd t/as Kaity Griffin [ABN 85165750890] (“we, us, our”). These Terms together with any other terms and conditions and policies we publish or link to on our Website and services form an Agreement with us (“Agreement”). “You” could be any client of ours.

ONLINE MEMBERSHIP WE WILL PROVIDE

Based on the type of Membership you purchase, you are entitled to the following Membership Services:

Mastermind: weekly coaching calls and access to a private Facebook group for VIP support as well as ongoing training and the latest tips for Google Ads.

Mastermind and Monthly Audit: weekly coaching calls and access to a private Facebook group for VIP support as well as ongoing training and the latest tips for Google Ads, as well as a monthly audit of one account with strategy advice.

BEFORE PURCHASE

Things you must do before purchasing a Membership Service

You must:

be 18 years old or have parental consent;
provide complete and accurate information to us, including account information, and
promptly inform us of any updates to your information (you must respond to us within 3 days); and
ensure you have adequate technology set up and internet access to make use of the Membership Services.

Acknowledgements you make when purchasing our Membership Services

You acknowledge and agree that:

the Materials we provide in the Membership Services are general in nature;
the nature of Google is that changes to algorithms regularly occur;
we cannot guarantee the success or performance of any digital marketing campaign in respect of your business;
we do not warrant the accuracy or suitability of any of your ads;
for all Membership Services, including the audit products, you are solely responsible for your own Google accounts including all implementation of our suggestions and further optimisation of your accounts for the best results.

You further acknowledge and agree that there may be:

occasional errors or omissions in the Membership Services descriptions, prices, availability and promotions;
some Membership Services with limited places or that are limited to certain regions or groups of people; and
technical problems downloading Materials, and there are inherent risks associated with downloading digital products and using online software.

Except as required by law, we cannot guarantee the accuracy of the information, or the availability of the Membership Services.

You also acknowledge that we may make recommendations of suppliers for various products or services during your Membership. Any recommendations are only recommendations, and if you purchase from the supplier that is a contract between you and the supplier, and we are not involved. Therefore, you must direct any product or service concerns, requests for refunds or other feedback to the supplier.

Payments

The Membership Fee is automatically deducted from your nominated payment method unless you or we cancel your Membership in accordance with the cancellation or termination terms below.

You authorise us to:

deduct the Membership Fee and all other accrued and owing fees from your debit or credit card; and
deduct any applicable currency conversion fees or financial service provider fees where relevant.

You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates.

Except as required under the Australian Consumer Law, we do not offer refunds for Membership Fees. In addition to any rights you have under the Australian Consumer Law, refunds will only be issued where we have made a billing error and charged you incorrectly, or where we are no longer able to provide the Membership Services you have paid for.

Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need for notifying you.

You must pay all Google ad accounts directly to Google in accordance with their terms and conditions. You acknowledge and agree that any unpaid ad accounts can hinder optimisation of your accounts.

If you have any special offer coupons, they must be used at the time of purchase to apply; they cannot be applied retrospectively.

AFTER PURCHASE

Things you must do after purchasing our Membership Services

You must:

maintain the confidentiality of your login and password for your account;
not allow other people to use the Materials or your account;
contact us by email at [email protected] if you have any difficulty downloading any Materials;
not reproduce, duplicate, copy, sell, re-sell or exploit the Materials in any way;
contact us by email at [email protected] if you have any issues with the Membership Services;
seek our prior written consent before any publication of information about us; and
in the case of a dispute keep all communications confidential.

Single-User Membership

Your Membership is granted to you as an individual and is strictly for your personal use only. You must not share, transfer, sublicense, resell, or otherwise provide access to your Membership, account, Materials, or any part of the Membership Services to any other person, including but not limited to employees, contractors, business partners or associates.

Any breach of this clause may result in immediate termination of your Membership without refund.

Posting rules

You must not post any of the following (which is determined in our discretion) in any of our public forums;

any inappropriate or offensive, threatening or abusive content;
any immoral content, including but not limited to, anything pornographic or obscene;
any illegal content, including any content which is defamatory;
anything that breaches the rights of any third party, including but not limited to, any intellectual property rights of a third party such as copyright, or trademark, or a third party’s privacy; or
any content that impersonates any other person or misleads us or third parties as to the origin of your posts.

You are responsible for all your posts and their accuracy, completeness and timeliness.

We are not responsible for any of your posts or any third-party posts. Where posts do not comply with our rules, or are otherwise objectionable we may, but do not have any obligation to, edit or remove the content.

By making posts in our community, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use the posts for any purpose, and you waive any Moral Rights in those posts.

Free 1:1 Strategy Call Entitlement

For every six (6) consecutive months of active Membership, you are entitled to one (1) thirty-minute private strategy call with one of our senior team members (“Strategy Call”).

You acknowledge and agree that:

Eligibility is based on continuous, uninterrupted Membership.
You will receive one Strategy Call for each full six-month period you remain an active member.
You must redeem your Strategy Call within two (2) months of becoming eligible.
Any Strategy Call that is not booked or used within this two-month redemption window expires permanently and will not be honoured, reinstated, or refunded.
Strategy Calls are subject to staff availability and must be booked via the process advised by us.

Strategy Calls are provided for guidance only. You remain solely responsible for any implementation and outcomes.

Confidentiality of Your Information

We acknowledge that, during your Membership, you may share account information, business plans, performance data, strategies, and other confidential or commercially sensitive information (“Confidential Information”). We agree to keep all Confidential Information private and not disclose it to any third party except where required by law.

We will not use your Confidential Information for any purpose other than delivering the Membership Services to you.

Non-Solicitation of Clients

We agree that we will not directly approach, solicit, or attempt to solicit business from any clients of our Mastermind members where such clients became known to us solely through your participation in the Membership.

This clause does not apply where:
(a) the client independently engages us without any contact initiated by us; or
(b) the client is already known to us prior to your Membership; or
(c) the client publicly engages our services outside the context of your Membership.

Christmas Membership Pause

We pause all Mastermind Membership Services for approximately one (1) month each year, generally between mid-December and mid-January (“Christmas Pause”). During the Christmas Pause:

Coaching calls, audits, trainings, and active support are temporarily suspended.
The Facebook group remains accessible for viewing, however posting, commenting, and interaction will be paused. Posting and active support will resume on the date we notify you.
You will not be billed for your Membership for the duration of the Christmas Pause.
Your Membership resumes automatically at the end of the Christmas Pause unless cancelled in accordance with this Agreement.

You acknowledge and agree that:

The Christmas Pause is applied to all members and the exact dates will be notified by us each year.
Any unused services, calls or entitlements do not roll over or extend beyond their stated timeframes unless expressly agreed by us.

Acknowledgements in relation to live events

We conduct various events as part of your Membership. We reserve the right to exclude you from any event if you become disruptive or disrespectful to other participants during any of our live or in person events.

You acknowledge and agree that we may make recordings of events that you participate in, including in person and online events. These recordings may be audio, video or still photographs, and may be used by us for marketing or information purposes.

Your participation in the events is subject to you granting us the copyright in all recordings to use, reuse and publish the recordings where you may be depicted or included, in whole or in part, in composite or distorted in character or form, without restriction as to changes from time to time, in any media now or developed in future. You waive all rights to approve of the finished recordings.

Your commitment

To get the most benefit out of the Membership Services, you should:

be open to feedback;
be open to trying our suggestions;
take all necessary actions to implement our suggestions and advice; and
understand that we will help to the best of our ability but cannot guarantee results.

You acknowledge and agree that you are solely responsible for your own success and outcomes of your Google Ads accounts during your Membership.

Things we’d love you to do after purchasing your Membership Subscription

We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at [email protected].

If you need to cancel your Membership Subscription

If you need to cancel your Membership, please email us at [email protected] with 7 days’ notice so you will not be billed automatically for the following month. All our Membership Services are for the Membership Period (monthly).

Access Upon Cancellation

When you cancel your Membership, your access will continue until the end of your current paid billing cycle, after which all access will automatically end.

At the end of the billing cycle:

your access to the Mastermind Facebook group will end;
your access to the Teachable portal or any online learning platform we use will end; and
you will lose access to all Mastermind content, materials, call replays, resources, and any other Membership Services.

You acknowledge and agree that:

once access ends, you will not be able to download or retain any materials;
no refunds or partial refunds are provided if you choose to cancel part-way through your billing cycle;
re-joining the Membership in the future will be subject to availability and the price at the time of re-joining.

Refunds

Except where required under the Australian Consumer Law, we do not offer refunds for any Membership Fees for any reason, including changes of mind, failure to implement our guidance, or inability to make use of the Membership Services.

In addition to any rights you have under the Australian Consumer Law, we will only issue a refund where we have made a billing error and charged you incorrectly, or where we are no longer able to provide the Membership Services you have paid for.

OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information on our website

Except as required by law, we may at any time, and without prior notice to you:
change and update information including availability and promotions;
change prices or descriptions of our Membership Services; and
discontinue any Membership Services.
We comply with the Australian Consumer Law

You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the Membership Services are delivered with due care and skill and in a reasonable time.
Except as required by law we do not warrant the quality of the Membership Services or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where you fail to provide us with adequate information, where you can no longer benefit from the Membership Services or where you fail to comply with our instructions.

If we need to cancel the Membership Services, we will provide a refund

Except as required by law, all payments are non-transferable and non-refundable. On occasion we may cancel the Membership Services where we are no longer able to provide them. In these or similar circumstances where you have paid in advance, we will provide you with a refund. We will notify you as soon as possible of any changes to the Membership Services. We do not provide refunds except as required under the Australian Consumer Law.

We can refuse to serve you and provide Membership Services at any time

We may refuse to provide our Membership Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate your use of our Website and services, any account and disable your ability to purchase a Membership. We can also change, suspend or stop providing Membership Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Membership Services.

INTELLECTUAL PROPERTY

All the Intellectual Property Rights in our Materials are owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use our Materials for your personal use only. This licence to use our Materials in relation to the Membership Services is for the duration of your Membership only. In particular, you must not use our Materials for any commercial purposes without our prior written consent which is given or withheld at our sole discretion. Any use beyond your sole personal use will be conditional on the payment of license fees, and acknowledgement of our moral rights under the Copyright Act 1968 where applicable. Please contact us at [email protected] to seek consent.

RELIANCE ON ADVICE DISCLAIMER

We may provide information in our Materials and that may be classed as business advice. Whilst we exercise due care in ensuring its accuracy, sometimes it may not be accurate. There may be typographical errors, or it may be based on an opinion of the author that is not widely held. Occasionally the information may be historical information, and based on primary sources of material, contemporary thinking, regulations or laws which existed at the time of publication, and these will change from time to time. Occasionally the information may not be complete. For that reason, we cannot guarantee that the information is accurate, complete or current.

You acknowledge that any decisions you make, and any actions you take (including how you implement our suggestions or advice), are your sole responsibility, and we are not liable for any outcomes arising from them.

LIABILITY AND INDEMNITY

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and services or any Membership Services, including, but not limited to, any errors or omissions, price changes or discontinued Membership Services, your reliance on any of our information, any results of your Google Ads accounts, any visitor posts and content, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and services.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

the replacement of the Membership Services or the supply of an equivalent service; or
the payment of acquiring equivalent services.

In any case, our liability to you will not exceed the amount of $100.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you provide incorrect information, any breach of the group session and posting rules, and any breach of our Intellectual Property Rights.

IF THERE IS A DISPUTE

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER

This Agreement is to be construed in accordance with the laws of VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us.

In the event of an inconsistency between the terms in this document, and other terms and conditions on our Website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law.

The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect.

All obligations and liabilities in this Agreement survive termination of this Agreement.

DEFINITIONS

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Agreement means these terms, and the general Website terms and conditions and all other terms and conditions and policies published or linked to on our Website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
Materials means any of our materials, including anything provided to you during your Membership.
Membership Fee means the membership fee as advertised on our Website from time to time.
Membership Period means monthly.
Membership Services means the Mastermind package and the Mastermind and Monthly Audit package, and includes all Materials.

We, us, or our means KG INDUSTRIES PTY LTD t/as Kaity Griffin [ABN 85165750890] and includes any of our directors, officers, employees, agents, partners, contractors.

Website and services mean https://kaitygriffin.com, and everything available on this website including, but not limited to, all Membership Services.