Terms & Conditions

 

Effective date: 1st August 2023

Thank you for choosing Hello Monday! These Terms and Conditions govern the relationship between the Parties. By clicking “accept” at the checkout page of the program, you agree to these Terms and Conditions.

These Terms and Conditions (the ‘Terms’) are read in conjunction with the information on the Booking Page (the ‘Booking Page’) and Course Information Page of the website (the ‘Information Page’). The Information Page can be accessed at www.karendennett.com/hellomonday 

 

1. Parties 

You are the Client, and your details are set out on the Booking Page of the website. - AND – Karen Dennett (ABN 19 653 201 045). Karen Dennett offers a self-guided course (Hello Monday) that assists businesses to think strategically and creatively on the core aspects of your business using a workbook and explainer videos (the ‘Course’) in an individual setting, over a 12-month period titled Hello Monday (the ‘Services’). You have engaged Karen Dennett to provide the Services.

2. The Engagement

2.1. Karen Dennett agrees to perform the Services for You, for the Fees, Terms and on the Date/s as set out on the Information Page.

2.2. Karen Dennett agrees to commence the Services on the Commencement Date, upon acceptance of these Terms and Conditions, and upon payment of the required Fees as set out on the Booking Page.

2.3. The Commencement Date is the date you register and pay for the program.

2.4. The Course is self-guided. 

2.5. Both Parties agree that the Services will be provided online, and the Workbook will be delivered to the address you provide on your booking form.

2.6. Karen Dennett is not responsible if information made available in this course is not accurate, complete, or current. The material in the course is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material in this course is at your own risk.

2.7. We reserve the right to modify the contents of this course at any time, but we have no obligation to update any information in the course. You agree that it is your responsibility to monitor changes to the course. 

3. Fees

3.1. You agree to pay Karen Dennett the Fees as set out on the Booking Page. You are responsible to pay the full amount of the price you originally agreed to pay for, regardless of if you leave the program, do not complete it in the timeframe provided, or don't use the course at all or for whatever other purpose set out in the present terms and conditions.

3.2. The Fees payable to Karen Dennett to perform the Services may be adjusted from time to time as agreed by the Parties in writing on account of changes in relation to the nature of the Services to be Performed by Karen Dennett.

3.3. You agree that if you are making payment through a payment plan, your original method of payment will be direct debited as per the payment plan.

3.4. You agree to provide current, complete, and accurate purchase and account information for all purchases made at Karendennett.com. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

3.4. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are not registered for GST, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable.

4. Cancellation and Termination

4.1. You must notify Karen Dennett of an intention to cancel the Services as soon as practicable through email to [email protected] and abide by the following (‘Cancellation Policy’).

4.2. The Course is non-refundable. This means that if you wish to terminate the Course, early, all unpaid amounts of the Fees are non-refundable.

4.3. For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course early, Karen Dennett reserves the right to immediately collect all outstanding amounts of the Fees without notice by charging your method of payment, and your access to the Services will be revoked.

4.4. In the event that any payment under the Terms is not made in full on the due date, Rise with Reels is entitled to charge You interest at the rate of 4.5% per annum, calculated daily. 

4.5. You agree that if You default on any payments due and payable under the Terms, any costs incurred by Karen Dennett for steps taken to enforce payment terms will be recoverable and payable by You.

4.6. Karen Dennett may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.

4.7. Karen Dennett reserves the right to terminate Your involvement in the Services for breach of these Terms with 7 days’ notice by e-mail.

4.8. If Karen Dennett terminates the Services, You agree to pay Karen Dennett for the portion of the Services completed up to the date and time of termination.

4.9. Karen Dennett will only provide You with a refund of the Fees in the event that Karen Dennett is unable to continue to provide the Services (the 'Refund').

4.10. Nothing herein shall limit Karen Dennett from seeking payment for any chargeback or credit card disputes made by you at anytime.

4.11. By accepting the terms of this agreement, you agree to never dispute any charges already paid, no matter the payment vehicle. (Example: PayPal, Stripe, Bank Transfer etc.)

5. Delivery of Course and License Information

5.1. Each purchase of the Services grants to you access to the Course through Kajabi, the Membership Portal (the ‘Membership Portal’).

5.2. When you purchase the Course, Karen Dennett grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘Licence’).

5.3. The Licence is valid for 12 months (‘Licence Term’). This means the Course will be viewable via the download link for 1 year.  Your workbook is yours to keep indefinitely, but must not be copied or distributed in any format either electronic or in print.

5.4. The Course is intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Course materials, booklets, and access to any other aspect of the Course.

6. Warranty Period for the Services

6.1. Karen Dennett will use its best efforts and take all reasonable steps to help You achieve the desired results. However, Karen Dennett makes no warranty that the Services will meet Your requirements or that all clients will achieve the same results. 

6.2. The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, You are entitled to cancel Your Service contract with Karen Dennett, and are entitled to a refund for the unused portion, or to compensation for its reduced value.

7. Disclaimer

7.1. You are solely responsible for creating and implementing Your own business, marketing, mental and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the Services and interactions with Karen Dennett. As such, You agree that Karen Dennett is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life, or career, or for any direct or indirect result of any Services provided by Karen Dennett.

7.2. You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Course.

8. Liability and waivers

8.1. Liability

Karen Dennett’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.

8.2. Waivers

(a) A waiver of any right, power or remedy under these Terms must be in writing signed by the Party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. 

(b) The fact that a Party fails to do, or delays in doing, something the Party is entitled to do under these Terms does not amount to a waiver.

9. Disclosure and Use of Confidential Information

9.1. All obligations of confidence set out in these Terms continue in full force and effect after completion of services.

9.2. Karen Dennett must not disclose any Confidential Information to any third Party without your prior consent.

9.3. This Agreement prohibits the disclosure of Confidential Information by Karen Dennett with exception to the following circumstances: 

1. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms has consented to the disclosure of such information to the professional adviser; 
2. the disclosure is required by applicable law or regulation; or 

iii. if the confidential information is already in the public domain at no fault of Karen Dennett.

10. Copyright and Intellectual Property Rights

10.1. Intellectual Property Rights 

(a) You agree that any works, items, materials, or information of whatever nature produced or developed by Karen Dennett or under Karen Dennett’s direction pursuant to or in the Course of providing the Services will remain the sole and complete property of Karen Dennett, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information). 

(b) If You have fully complied with these Terms and if the works, items, materials or information referred to in clause 10.1(a) have been produced by Karen Dennett as part of the Services, Karen Dennett grants to You a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date. 

(c) There is no assignment of Intellectual Property Rights by Karen Dennett to You pursuant to these Terms. 

(d) Nothing in these Terms affects the Moral Rights in any works, items, materials, or information supplied pursuant to these Terms.

10.2. Indemnification You hereby indemnify and agree to keep indemnified Karen Dennett against all liability, losses or expenses You incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.

11. Force Majeure

(a) If circumstances beyond Karen Dennett’s control prevent or hinder its provision of the Services, Karen Dennett is free from any obligation to provide the Services while those circumstances continue. Karen Dennett may elect to terminate these Terms or keep the Agreement on foot until such circumstances have ceased.

(b) Circumstances beyond Karen Dennett’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

(c) For the sake of clarity, if in Karen Dennett’s reasonable opinion, the provision of the Services will be affected by the COVID-19 Pandemic, Karen Dennett may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Karen Dennett will not be liable for any losses or damage due to the COVID19 Pandemic. If You choose to terminate an agreement due to the COVID-19 Pandemic, cl. 4.2. will apply.

12. Dispute Resolution & Mediation

Karen Dennett hopes that a dispute does not arise, however in the unlikely event that it does, the following clause will apply.

(a) If a dispute arises out of or relates to the terms of these Terms, either Party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) A Party to these Terms claiming a dispute (the Dispute) has arisen under the terms of these Terms, must give written notice to the other Party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the Notice).

(c) On receipt of the Notice by the other Party, the parties must within 7 days from the date the Notice was served, attempt in good faith to resolve the Dispute as expeditiously as possible, including by negotiation or such other means upon which they may mutually agree.

(d) If for any reason whatsoever, 21 days after the date the Notice was served, the Dispute has not been resolved the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed.

(e) It is agreed that mediation will be held in Western Australia, with the venue to be agreed.

(f) The parties agree to be equally liable for the Fees and reasonable expenses of a mediator and the cost of the venue of the mediation and undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation.

(g) All communications concerning negotiations made by the parties arising out of and in connection with this clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.

(h) In the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute.

13. Marketing

You agree that any testimonials or results shared may be used by Karen Dennett for marketing purposes.

14. No partnership or agency

Nothing contained or implied in these Terms will create or constitute, or be deemed to create or constitute, a partnership between the parties. A Party must not act, represent, or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

15. Governing Law & Jurisdiction

15.1. This Agreement is governed by the laws of Western Australia, Australia.

15.2. In the event of any dispute arising out of or in relation to the Services, Karen Dennett agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia.

16. Severance

Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provisions in any other jurisdiction.

17. Entire Agreement and Modifications

Both You and Karen Dennett confirm and acknowledge that these Terms, the Booking Page and the Information Page of the website constitute the entire Agreement between You and Karen Dennett and shall supersede and override all previous communications, either oral or written, between the parties.

 

Contact Us

If you have any questions, concerns or complaints about these Terms and Conditions, please contact us:

• By email: [email protected]
• By visiting this page on our website: www.karendennett.com