The King Pixel eCommerce Starter System Terms & Conditions

Terms & Conditions

1. ACCEPTANCE OF TERMS:

By accessing, using and/or signing up to the KPDM Network, you acknowledge that you have understood these Terms and Conditions and you agree to be legally bound by these Terms and Conditions.

If you do not agree with any part of these Terms and Conditions you should not access, use or sign up to the KPDM Network. You must be at least eighteen years old to sign up to the KPDM Network.  If these Terms and Conditions are updated or modified by us, at our sole discretion, we will notify you either on the KPDM Website, via email or in the KPDM Facebook Group, and you will be responsible for deciding whether to maintain your membership with KPDM Courses and to continue accessing or using the KPDM Network.

2. SIGNING UP:

In order to access the KPDM Course, you must register and make payment of the relevant registration fee specified on the application page of the KPDM Website (“KPDM Fees”) in accordance with Section 4.  In order to create a User Account you will need to provide certain information to us, that is able to personally identify you, including but not limited to, your name, phone number and your email address.  You warrant that all information provided by you is accurate, complete, true and up to date and you agree to notify us immediately in the event that any of your personal information or contact details change.  Our use of the personal information provided by you is governed by our Privacy Policy

You agree not to do anything which would assist a third party who is not a registered user to gain access to any restricted area of the KPDM Network or Course Materials associated with KPDM Courses.

You agree that you are responsible for maintaining the protection and confidentiality of your User Account information, such as account identifiers, your password and your account activities.

You will notify us immediately if you become aware any unauthorised use of your password or account identifiers by others, or if your password is lost or becomes known to any other person.

You agree that information that you provide to us, post, and share or otherwise communicate in the course of your engagement with the KPDM Network will be licensed to us in accordance with Section 6 of these Terms and Conditions.

3. KPDM COURSES:

Upon signing up to a KPDM Course and making payment of the relevant KPDM Fees in accordance with Section 4, you will gain access to various written content, audio content, video content, information, seminars, workshops, tasks, tips, tools, models and services (“Course Materials”), which together constitute the course offered.

Upon signing up to KPDM Courses you may be given access to the KPDM Facebook Group, which is a closed group, or to other online or in-person forums or events in the KPDM Network, where you can post content, ideas, messages or other materials (“Your Content”).

You acknowledge and agree that the information offered by us in delivering KPDM Courses and generally through the KPDM Network:

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• is offered for general information purposes;

• is curated by us at our entire discretion from time to time;

• does not purport to offer specialised tax, accounting, legal or therapeutic advice;

• and is not a certified course and has no affiliation with or endorsement from any accredited university, college, school or TAFE.

• You acknowledge that you are responsible for your own business, commercial and professional success, and you understand and agree that: there are inherent risks associated with starting, owning or developing your own business and results can never be guaranteed;

• KPDM Courses are offered for the purpose of providing support, information and access to a network of other women that own or want to own their own ecommerce business or commercial fashion endeavour, and that by signing up for the KPDM Course, you will not be guaranteed any particular business, financial or professional outcome or result;

• the illustrations and information provided in the Course Materials and otherwise in association with KPDM Courses reflect concepts, theories, models, guidelines and ideas only and are not promises or representations of any actual or future performance or outcome;

• any testimonials or statements provided by us, our directors, employees or contractors, published in the Course Materials or communicated in association with the KPDM Network must not to be taken as a guarantee that you will achieve the same or similar results;

• KPDM, its directors, employees or contractors are in no way liable or responsible for your business, financial or professional decisions, acts or omissions, or any losses, damages, costs or claims that may arise from those decisions, acts or omissions.

• KPDM Courses and the KPDM Network has been established in order to provide you with access to support, information and a network of other women that own or want to own their own ecommerce business or commercial fashion endeavour.

You acknowledge and agree that:

• We are in no way responsible for the content published, communicated or shared to the KPDM Network by any other person or business, whether or not they have registered for KPDM Courses or have their own User Account; and

• you will not make decisions, take action or fail to act in reliance on the content, theory, model, ideas, information, illustrations, testimonials or statements of any other person or business, whether or not they have registered for KPDM Courses or have their own User Account.

We may (but are not obligated to) do any or all of the following without notice to you:

• investigate your access, use or engagement with KPDM Courses and the Course Materials as we deem appropriate, to ensure compliance with any applicable law, regulation, government request or legal process;

• and edit or alter KPDM Courses and the Course Materials, at our sole discretion.

4. FEES:

The relevant fees payable upon signing up for KPDM Courses are listed on the KPDM Website (“KPDM Fees”).  Other services, products and offerings may become available to registered members through the KPDM Network from time to time, and all fees payable in relation to those services, products and offerings will be payable in accordance with these Terms and Conditions.

The fees payable under this Section:

• are in Australian dollars unless otherwise specified;

• include GST;

• are fixed once your registration to a KPDM Course has been confirmed, subject to payment being made at the time of purchase; and

• may change, at our discretion, without notice. 

You agree to pay the full KPDM Course fee online at the time of registering for each KPDM Course.  You agree to pay all fees payable in connection with a service, product and offering purchased through the KPDM Network at the time of purchase.  We accept payment for online purchases processed by Stripe.  Payments via Stripe are subject to Stripe’s terms and conditions.

If we invoice you for any part of the KPDM Fees or for any amount in connection with the services, products or offerings purchased through the KPDM Network, payment will be due and payable on or before the relevant due date specified on the invoice.

Where a third party agent or entity collects or debits the KPDM Fees on our behalf, you affirm that the above undertakings and representations are applicable in relation to that third party.

Upon receiving your payment of the relevant KPDM Fees in full, we will send you a communication confirming your successful registration to the KPDM Course. Any other communication from us acknowledging your sign up or User Account is for information purposes only and does not put us under any obligation to provide access to the KPDM Course until full payment can be confirmed.

You undertake and warrant that:

• all information that you have provided for the purpose of signing up to the KPDM Course is correct and not misleading;

• you are fully entitled to use the payment card or account that you use to make payments; and you have sufficient funds in your payment card or account to cover the KPDM Fees or any fees payable in accordance with this Section.

We will take all reasonable steps to ensure or procure that all personal information in connection with billing is protected or encrypted, but to the extent permitted at law, we make no warranty about the reliability, completeness or fitness for purpose of any encryption or storage system used.

Other than as required by the Competition and Consumer Act 2010 (Cth), you acknowledge that we do not provide refunds for any KPDM Fees paid by you in connection with services rendered by us in connection with KPDM Courses, including without limitation where you have been provided with access to the Course Materials or the KPDM Network, whether or not you have accessed them.

We reserve the right to:

• suspend or terminate your access to KPDM Courses if you fail to pay any part of the KPDM Fees or other amounts payable by you in connection with your access to KPDM Courses;

• on-sell or authorise a debt collection agency or other authorised agency to collect any amount that is payable by you and has not been paid; and

• inform credit watch monitoring services of ongoing defaults trends or payment avoiding strategies employed, at our discretion.

Any offers, discounts or specials on goods or services provided by us in connection with KPDM Courses, will be provided at our absolute discretion and may be withdrawn or revoked at any time if your User Account is suspended or terminated for any reason, or if you are no longer a member of the KPDM Network.

5. PROHIBITED CONDUCT:

You acknowledge and agree that when accessing the KPDM Network, you will not, inter alia:

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• access the KPDM Network in breach of any applicable laws or regulations or these Terms & Conditions;

• use the KPDM Network to transmit (or permit transmission of) unsolicited emails, junk mail, spam, promotional materials or any other uninvited correspondence or form of solicitation to any third parties, including other members of the KPDM Network;

• attempt to alter, change, modify, adapt, translate, edit or reverse engineer any element of the KPDM Network, the Course Materials or any other content contained therein;

• use or incorporate the KPDM Network, the Course Materials or any other content contained therein, on any other website or other media without our prior written consent or the prior written consent of the relevant third party that owns or controls the content contained therein;

• use the KPDM Network, the Course Materials or any other content contained therein, in any manner that we may, in our sole discretion, consider unlawful, fraudulent, misleading, deceitful, harmful, threatening, abusive, harassing, intimidating, tortious, defamatory, discriminatory, hateful, offensive, pornographic, indecent, obscene, vulgar, inflammatory or in any other way objectionable or inappropriate

• use the KPDM Network , the Course Materials or any other content contained therein in any way that we may, in our sole discretion, consider to be an infringement of any of our rights or any rights of any third parties;

• use the KPDM Network to solicit, harvest or collect any personal information, including, but not limited to usernames and passwords from any third parties by electronic or other means, with that parties express and informed consent or approval;

• or use automated scripts to collect information from or otherwise interact with the KPDM Network.

When posting, publishing, sharing or otherwise communicating Your Content or other content on the KPDM Network, you will not:

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• infringe our rights or the rights of any third party, including in relation to copyright, trade mark, patent, trade secret or any other intellectual property or proprietary rights;

• use or communicate content that is unlawful, fraudulent, misleading, deceitful, harmful, threatening, abusive, harassing, intimidating, tortious, defamatory, discriminatory, hateful, offensive, pornographic, indecent, obscene, vulgar, inflammatory or in any other way objectionable or inappropriate;

• harass, degrade, intimidate or otherwise target an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

• use or communicate information that may identify an individual without that person’s express and informed consent;

• use or communicate information about or on behalf of any other person or entity without their express, informed consent;

• use or communicate information that misrepresents your affiliation with us or any third party;

• use or communicate information that constitutes financial, legal, medical or other professional advice; and contact other users directly without their express consent.

You agree that you will not use the KPDM Network, for any other purpose other than its intended purpose, including, but not limited to:

• use of the KPDM Network for any non-approved commercial purposes;

• the distribution of unsolicited commercial messages;

• the sale of access to the KPDM Network;

• the use of the KPDM Network for gaining advertising or subscription revenue without approval;

• the sale of advertising on the KPDM Network or any third party website without approval; and

You agree to comply with any applicable “house rules” on the KPDM Facebook Group or on any other platform in the KPDM Network, and you will be respectful, professional and courteous at all times during the course of your engagement with other users on the KPDM Network.

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You agree that you will not share any personal videos or photographs on the KPDM Network that are not directly related to your business or business idea.  You must not share any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.  You must not share content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

6. YOUR CONTENT:

You are solely responsible for Your Content, including without limitation any photographs, profiles, messages, comments, notes, text, website links, quotes, music, images, videos, audio, listings, or other content that you post, transmit, communicate, upload, distribute, store, create, publish, make available or otherwise share through the KPDM Network.

By sharing Your Content, you automatically grant, and you represent and warrant that you have the right to grant, to us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence and right to use, distribute, copy, display, modify, translate, edit, exploit and commercialise Your Content for any purpose and in any media existing now or in the future in connection with the KPDM Network.

When you share Your Content, you authorise us to make such copies thereof as we deem necessary in order to facilitate the storage and sharing of Your Content on the KPDM Network.

Subject to the rights granted to us under these Terms and Conditions, you retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content.

You acknowledge and agree that when you post, publish, share or otherwise communicate Your Content via the KPDM Network or on any public platform associated with the KPDM Network, all other members or persons with access to the KPDM Network will be able to access, view and respond to Your Content.

You agree to comply with Section 5 when you post, publish, share or otherwise communicate Your Content to the KPDM Network.  Whilst we take no responsibility and accept no liability for Your Content or other content that may appear on or may be communicated via the KPDM Network, we reserve the right to: monitor use of the KPDM Network; and review, screen, monitor, remove, delete, edit reformat, reject or modify Your Content on the KPDM Network, at our sole discretion.

You must not share information, content or materials that you did not create or that you do not have explicit permission to share or disclose on the KPDM Network.

7. INTELLECTUAL PROPERTY:

We are the sole and exclusive owner of the KPDM Courses, the KPDM Website and the Course Materials, including, but not limited to written content, visual or interactive elements, graphics, design, code, audio or video recordings, models, software, reports, copyrights, trademarks, logos, trade names, and other intellectual property rights throughout the world.

Except as expressly set out in these Terms and Conditions, you do not have any rights, title or interest, including, but not limited to copyright, in or to any of the Course Materials or any content or information shared by us or a third party via the KPDM Network.

We grant to you a non-commercial, non-exclusive, non-transferable, revocable and limited licence to access and use the Course Materials for educational and general information purposes only. You may browse or print the Course Materials for educational and general information purposes, but you may not reproduce, exploit or use it for any other purpose, without obtaining the express, written consent of King Pixel Digital Marketing.

For the avoidance of doubt, you may not use, reproduce, modify or otherwise exploit any part of the Course Materials or any content communicated by us in connection with the KPDM Network to establish, develop, create, maintain or deliver, or assist in establishing, maintaining or delivering your own course, workshop, plan, seminar or network.

8. WARRANTY:

You warrant and represent that:

• you have full authority to enter into these Terms and Conditions;

• you are at least 18 years of age or older;

• all Your Content is original to you and will not infringe any rights of any third parties, including, but not limited to copyrights, intellectual property and moral rights; and your

• Content does not breach these Terms and Conditions;

• Your Content is not defamatory, abusive, harassing or an infringement on our rights or the rights of third parties; you have the right to use Your Content and grant us a licence in relation to Your Content in accordance with Section 6;

• you consider the terms and conditions of these Terms and Conditions to be reasonable and appropriate in light of each party’s interests.

We warrant and represent that:

• we have full authority to enter into these Terms and Conditions;

• all Course Materials are original to us or are properly licensed to us for the purpose of delivering KPDM Courses;

9. SUSPENSION OR TERMINATION:

Without limiting any other remedy that may be available to us, we reserve the right to suspend or terminate your User Account and your access to KPDM Courses and the KPDM Network without notice if, in our sole discretion:

• you have breached any of the provisions of these Terms and Conditions;

• you have breached or violated any laws, rules, regulations, guidelines or third party arrangements in connection with the KPDM Network;

• We may discontinue, temporarily or permanently, KPDM Courses or the KPDM Network (or any part thereof) or terminate, suspend or limit your access to your User Account, with or without notice, for any of the following reasons (which are not intended to be exclusive):

• a request by you;

• requests by law enforcement or other government agencies;

• technical or security issues or problems;

• and maintenance periods;

• or extended periods of inactivity.

Where appropriate we will give you the opportunity to rectify or resolve any breach or issue before suspending, terminating or limiting your User Account or your access to the KPDM Courses or KPDM Network, but you acknowledge and agree that if your breach is material or is incapable of being rectified or resolved, we may suspend, terminate or limit your User Account or your access to the KPDM Network with immediate effect.

We may store, keep or disclose any information that we collect about you (including personal information) in order to investigate compliance with the Terms and Conditions or for the purposes of any claim against you, police investigation or governmental request.

On suspension, termination or limitation of your User Account, you may not register a new User Account or access the Course Materials or the KPDM Network through another member’s User Account.

10. DISCLAIMER:

You access the KPDM Courses and use the KPDM Network at your own risk.

All Course Materials are provided as education and general information only and should not be taken or relied upon as professional advice.

We take no responsibility and accept no liability for any content that is posted on or otherwise communicated to you via the KPDM Network by any other user, member or third party. The information posted in our comments, including advice and opinions, is the responsibility of those members who create the posts and do not necessarily reflect the views of us, our directors, employees or assigns. Posts from users may contain information that is incorrect or dangerous. Please consult a qualified professional before relying on information you find in the KPDM Network.

11. LIABILITY AND INDEMNITY:

Notwithstanding anything in these Terms and Conditions, you agree to indemnify us and hold us harmless against any direct or indirect damage, expense, loss, or cost arising from your use of the KPDM Network or your breach of these Terms and Conditions or any warranty included herein.

To the extent that our liability for breach of any implied warranty or term cannot be excluded by law, our liability will be limited, at our option, to:

• in relation to services, the re-supply of the service or the payment of the costs of having the service re-supplied;

• or in relation to goods, the replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of having the goods replaced or payment of the cost of having the goods repaired.

In no event will we be liable to you for any indirect, incidental, special or consequential losses or damage, including, but not limited to financial loss, loss of profits, revenue, goodwill, data, opportunity of whatever nature, or the cost of procurement of substitute products or services, howsoever arising in connection with your access to or reliance upon the Course Materials or the KPDM Network.

These Terms and Conditions shall be governed and interpreted in accordance with the laws of South Australia, Australia, and the parties hereby agree and submit to the exclusive jurisdiction of the Courts of South Australia.