TERMS & CONDITIONS
Terms and Conditions of Business Kickstarter Course – Self-Guided and Live Group Coaching, the Essential Tech Tools Course, Empowered Entrepreneurs Club Membership, and any other courses, programs, masterclasses, trainings, masterminds, coaching, plans, templates, tools, resources or strategies by Karen Vivarelli (together, the Courses)
By purchasing access to any of the Courses you agree to the following terms and conditions of purchase (hereinafter “Agreement”), as well as our Privacy Policy, hereby incorporated by reference. This is a legal agreement between you (“user”) and Karen Vivarelli (“we”, “us”, “the company” or “Karen Vivarelli”).
The Company’s materials (including but not limited to courses, training, and coaching materials) are for educational and/or illustration purposes only. They are provided with the understanding that the Company is not engaged in rendering legal, accounting, or other professional opinions or services.
In the event of a conflict between this Agreement and our Privacy Policy or website Terms of Use, the terms of this Agreement shall control. To purchase the Courses, you must be 14 years of age or older. If you are under the age of 18, you should seek parental permission before purchasing the Courses and review these terms and conditions with your parent or legal guardian.
Please read the following Agreement carefully. THE BOLDED SECTION ENTITLED ‘BINDING ARBITRATION’ AFFECTS YOUR LEGAL RIGHTS AND IS LEGALLY BINDING.
Purchaser Rights, Conduct, and Limitations
Your purchase of the Courses includes access to the program content, including all downloads and materials.
Your privacy is important to us. Please review our Privacy Policy for information about what data we collect, how we collect your data, why we collect your data, how long we retain your data, when we may share your data, and your rights regarding your personal data.
If you are under 18, you must obtain parental consent to purchase the Courses. In our sole discretion, we reserve the right to refuse service, remove or edit content, and terminate accounts.
You hereby acknowledge and agree that the terms of this Agreement are supported by reasonable, adequate, and valuable consideration of your purchase of the Courses.
You may access/use the Courses for lawful purposes only. By accessing the Courses, you agree not to post, transmit, email, or in any other way make available content that infringes on the trademark, propriety, or privacy rights of any entity or individual including personal data belonging to another person such as their email address, telephone number, credit card information, postal address, or other sensitive data.
All of our materials are copyrighted. Any unauthorised use, including reprint (except for personal use) are prohibited. No part of our materials may be reproduced or recorded.
You agree not to post, transmit, email, or in any other way make available content that is obscene, defamatory, pornographic, sexually explicit, promotes violence, contains hate speech, or invades the privacy of another.
You agree not to access the Courses to carry out commercial activity or transmit spam.
You acknowledge and agree that Karen Vivarelli, in its sole discretion, may remove any content it deems to violate these Terms or otherwise constitute a criminal offense, fraud, or potentially create civil liability.
In the event of third-party legal action against you arising from or relating to your use of the Courses, you agree to hold harmless and indemnify Karen Vivarelli from any related claims or actions.
The Courses are developed strictly for educational purposes ONLY. You accept and agree that you are 100% responsible for your progress and results from the Courses. You understands that because of the nature of the Courses, the results experienced by you may significantly vary. Course education and information is intended for a general audience and does not purport to be, not should be construed as, specific advice tailored to any individual. Karen Vivarelli is not responsible for decisions made as a result of the Courses and assumes no responsibility for errors or omissions that may appear in any program materials.
Submissions
In your use of the Courses, you may submit comments, suggestions, reviews, questions, and other information. However, any submissions that contain illegal, obscene, or threatening information will be removed, and you may be prohibited from future access or use of the Courses. You also may not submit any type of spam including, but not limited to, mass mailings or chain letters, political campaign material, or commercial solicitations. You may not transmit any information which infringes on another party’s intellectual property, invades the privacy of another, or in any other way causes injury to another individual. You may not transmit data containing software viruses. Any violation of these terms may result in an immediate termination of your right to access the Courses and may prohibit you from future use of the program.
We reserve the right to edit and remove any content generated by or involving you on our website or in the Kajabi course platform. We assume no responsibility or liability for any content sent or posted by you or any other person.
Subject to the terms set forth in our Privacy Policy, no submissions by a purchaser will be treated as confidential and your submission of data or information to us does not form a confidential or fiduciary relationship, nor does it create any expectation of confidentiality between you and Karen Vivarelli.
Intellectual Property Rights and Limited License
Karen Vivarelli reserves rights to all content, information, data, text, logos, design elements, headers, service marks, trademarks, photographs, images, videos, blog posts, program and product names, graphics, colour schemes and artwork published, to the extent protectable, within or relating to the Courses, as well as any and all information assessed through the Courses which is proprietary.
You may not copy, reproduce, modify, upload, republish, sell, transmit, distribute, post, exploit, or create derivative works of any material from the Courses.
You may not use any trademarks, service marks, logos, or graphics owned by the Courses through common law rights or registration.
Our Limited License to You
By purchasing the Courses, Karen Vivarelli grants you a limited, non-transferrable, revocable license to view and utilise content for your personal use only. If you purchase the Courses, you may access and download purchased content subject to a limited, non-transferrable, revocable license for your own personal, non-commercial use to access, download, and view the material.
This license is granted for use by (1) individual only. If you would like to participate in the Courses with a friend, business partner, or colleague, each individual must each purchase the Courses separately.
You are prohibited from reselling or distributing such purchased material. No other use of our content is permitted without the express written consent of Karen Vivarelli.
If you violate any portion of these terms, you must destroy any copies you made of our content immediately and your right to access and use the Courses and content shall terminate automatically. We reserve the right to take any and all appropriate legal action against infringement upon our intellectual property rights. We also reserve the right to revoke your access to any purchased material, without refund, and take any appropriate legal action.
Confidentiality
By purchasing the Courses, you agree to protect the privacy of Karen Vivarelli and other participants pursuant to the following conditions:
You agree not to disclose any proprietary information, confidential information, or trade secrets relating to information and content provided through the Courses.
You will not discuss or disclose the experience or personal results of other participants unless you have gained written permission from Karen Vivarelli and the participant involved.
You will not disclose any confidential or proprietary information shared by another participant or Karen Vivarelli’s agent or representative.
You may not share, disclose, reproduce, modify, distribute, sell, or create a derivative work from any content belonging to and shared by another participant.
Technology Disclaimer
By accessing and using the Courses, you acknowledge, understand, and agree that Karen Vivarelli makes no representations, warranties, or guarantees regarding the function or condition of the Courses including any features or links.
You further understand and agree that Karen Vivarelli shall not be liable to you for any loss, damage, inconvenience, or interruption to your business caused by the existence of viruses, or lack of accessibility or availability of the Courses.
In the event of an interruption of service, Karen Vivarelli will make commercially reasonable efforts to restore service and access as soon as practical.
Affiliate Disclaimer
Some of the links provided through the Courses may be affiliate links controlled by third-parties or links to products and services for which Karen Vivarelli earns an affiliate fee, referral fee, or commission. We shall use reasonable efforts to provide notice of any affiliate relationship to a link. By clicking on an affiliate link on our website, program portal, or related communications, you expressly accept liability for any and all consequences of visiting the third party Website or purchasing those goods or services.
Disclaimer
At Karen Vivarelli we make no guarantees or financial claims of any kind regarding any potential income you may earn or generate by using the Courses, or implementing information provided through the Courses or any of our resources.
Karen Vivarelli does not make any guarantees of your results or likely outcome from your purchase of the Courses. We do not guarantee any specific outcome of any kind, whether financial, physical, emotional, psychological, social, spiritual, legal, or otherwise. Your outcome may be influenced by numerous variables including but not limited to your cooperation, focus, energy, and dedication, as well as the influence of outside circumstances and variables.
Any information or content provided through the Courses is solely for educational and informational purposes.
You are encouraged to seek professional advice and counsel relating to medical, mental, psychological, legal, business, and financial matters. The information or content provided through the Courses is not represented in any way to be a substitute for such professional advice.
Your decision to use information provided through the Courses is purely voluntary and you acknowledge, understand, and agree that you use such information at your own risk. We are not liable for any harm or damages arising from or related to your use or non-use of information or content provided through the Courses.
You participate and use the information provided through the Courses at your own risk.
Payments and Fees
By purchasing the Courses, you agree to pay the fees in total and any applicable fees or taxes.
You must provide accurate and up-to-date billing and credit card information. By making a purchase, you consent to Karen Vivarelli authorising your credit card, debit card, bank account, PayPal account or any other payment form provided to process the full payment of fees and applicable taxes, through our third-party payment processor.
Please make yourself aware of PayPal’s Privacy Policy (https://www.paypal.com/webapps/mpp/ua/privacy-full) if this is your chosen payment gateway.
If you select the payment plan, the initial payment is due immediately and then your selected payment method will be automatically charged on a monthly basis until the total amount has been collected.
As part of the checkout process you will automatically be subscribed to Karen Vivarelli’s emails in order to receive important course information and updates. You can unsubscribe at any time by sending an email to hello@karenvivarelli.com.au.
Refunds
Due to the digital nature of our product, no refunds will be issued after a purchase is made. If you have committed to a payment plan, you are responsible for full payment of the fees regardless of whether you complete the program or not.
Course Access
Upon purchase of the Courses, or purchase of the first payment, you will gain access to the entire course platform and content. You have lifetime access to the course platform and materials.
Assignment
You may not assign your rights under this Agreement without our express written consent.
Force Majeure
Neither party shall be liable for any delay or failure to fulfill its obligations under this Agreement if the delay or failure is caused by forces beyond its reasonable control, including without limitation natural and nuclear disasters, fire, flood, riot, war (declared and undeclared), acts of terrorism, revolution, embargoes, strikes, work stoppages, civil or military disturbances, loss of communication or computer services, or acts of God. In any such event, the party shall be relieved of any and all obligations under this Agreement during the applicable Force Majeure and resume performance of its obligations under this Agreement as soon as reasonably practicable.
Compliance with Applicable Laws
Our business and website is based in Perth Western Australia. If you purchase access to the Courses, you do so at your own risk. We make no claims as to whether our website or program portal may be accessed, used, viewed, or downloaded outside of Australia.
Disclaimer of Warranties; Limitation of Liability
THE COURSES AND ANY CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE RESERVE THE RIGHT TO MAKE CHANGES, ADDITIONS, CORRECTIONS, AND IMPROVEMENTS TO THE COURSES AT ANY TIME WITHOUT NOTICE. WE MAKE NO REPRESENTATIONS OR GUARANTEES OF THE ACCURACY OF ANY INFORMATION ON THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY TECHNICAL, TYPOGRAPHICAL, OR PRICING ERRORS REGARDING THE COURSES, EXCEPT AS REQUIRED BY LAW. YOU USE THE CONTENT PROVIDED THROUGH THE COURSES AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KAREN VIVARELLI DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. KAREN VIVARELLI DOES NOT WARRANT THAT THE COURSES WILL OPERATE FREE FROM ERROR, DESTRUCTIVE FEATURES, COMPUTER VIRUSES OR OTHER CONTAMINATION.
FURTHERMORE, KAREN VIVARELLI DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, CORRECTNESS, RELIABILITY, OR YOUR RESULTS FROM YOUR USE OF THE CONTENT, SOFTWARE, SERVICES, INFORMATION, OR FACILITIES OF THE COURSES.
IN NO EVENT, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS DISRUPTION, THROUGH ANY ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATED TO YOUR USE OF THE COURSES OR ANY CONTENT CONTAINED ON THE MEMBERSHIP SITE. IN ANY AND ALL CIRCUMSTANCES, YOUR MAXIMUM REMEDY AND THE MAXIMUM LIABILITY OF KAREN VIVARELLI, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE PRICE OF PURCHASE.
Indemnification
BY ACCESSING AND USING THE COURSES, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS KAREN VIVARELLI FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, EXPENSES, LIABILITIES, CAUSES OF ACTION, AND/OR CLAIMS ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF THIRD PARTY RIGHTS, OR YOUR MISUSE OF THE COURSES OR RELATED CONTENT.
Termination
Any violation of this Agreement may lead to termination of your right to access our website and program portal and/or appropriate legal action.
Governing Law and Jurisdiction
The terms of this Agreement will be governed by the laws of Western Australia. The state and federal courts located in Australia will have exclusive jurisdiction over any case or controversy arising from or relating to this Agreement, use of online program, or any products or services provided by Karen Vivarelli or disputes arising out of or relating to your purchase of the Courses.
You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of the federal and state courts of Western Australia for purposes of any claim or action arising out of or relating to these Terms and waive any defense of forum non conveniens. Through your access and use of the Courses, you are deemed to have knowingly and voluntarily waived any right to a trial by jury in any case or controversy related to this Agreement, use of program, or any related products or services.
Dispute Resolution
If a dispute arises from or relating to this Agreement, our Content, the Courses, or the Membership Site and the Parties are unable to settle the dispute through direct communication, the Parties agree to first try to settle the dispute by mediation with the help of a mutually agreed upon mediator in Perth Western Australia. The Parties shall share any costs and fees related to the mediation equally, other than attorney fees.
BINDING ARBITRATION
IF MEDIATION DOES NOT RESOLVE A CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PARTIES AGREE THAT ANY UNRESOLVED CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AUSTRALIAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO ITS COMMERCIAL ARBITRATION RULE AND ANY JUDGMENT RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
Miscellaneous
Any failure by us to act on or enforce any provision contained within these Terms shall not constitute or be construed as a waiver of the provision or any other provision contained within these Terms. To be effective, a waiver of any provision contained within these Terms must be made by us in a signed, written agreement and no such waiver shall constitute a waiver of any other provision within these Terms besides the provision expressly waived in that signed writing.
The section headings contained within these Terms shall not be given any legal meaning or significance and are provided simply for convenience.
Severance
If any provision of this Agreement is found unenforceable, illegal or invalid, it shall not affect any other provisions of this Agreement.
Complete Understanding
This Agreement supersedes any prior agreement, communication, or representations between you and Karen Vivarelli and constitute a complete and final agreement regarding your purchase of the Courses.
Karen Vivarelli Pty Ltd cannot and does not give any guarantees on results or earnings with our information, courses, programs, masterclasses, trainings, masterminds, coaching, plans, templates, tools, resources or strategies.
You recognise and agree that nobody and nothing part of the Karen Vivarelli Pty Ltd brand has made any implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future results or earnings, or that you will earn any money, with respect to your purchase of Karen Vivarelli courses, programs, masterclasses, trainings, masterminds, coaching, plans, templates, tools, resources or strategies, and that we have not authorised any such implication, promise, or representation by others. There are no guarantees of results or future earnings.