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The KN Collective Pty Ltd – Course and Program Clickwrap Terms and Conditions

Thank You for choosing to work with Kemi Nekvapil. These Terms and Conditions govern the relationship between us.

By clicking “accept” You agree to these Terms and Conditions.

These Terms and Conditions (Terms) are a legally binding contract between you and Kemi Nekvapil’s
company, The KN Collective Pty Ltd, please read them carefully. The Terms are read together with the
information on the Enrolment Page (the Enrolment Page) and Program Information Page (Information
Page) of The KN Collective’s website www.keminekvapil.com. The Information Page can be accessed via
the Website.

1. Parties
You are the Client, and your details are set out on the Enrolment Page of the Website.
AND -
The KN Collective Pty Ltd (ACN: 168 152 010) of Level 1, 1113 – 1121 High Street, Armadale, Victoria
(The KN Collective).
The KN Collective offers courses and programs from time to time where participants may, depending on
individual course and program offerings, work through self-paced course material, and/or come together in
an online setting to work with Kemi Nekvapil during online live group coaching sessions (Services). You
have engaged The KN Collective to provide the Services.
2. The Engagement
2.1. The KN Collective agrees to perform the Services for You, for the Fee, Terms and on the
Date/s as set out on the Information Page.
2.2. The KN Collective agrees to commence the Services on the Commencement Date, upon
acceptance of the Invoice generated on the Enrolment Page and these Terms, and upon
payment of the required Fee by You.
2.3. The Commencement Date is outlined on the Information Page.
2.4. Where applicable, the Services will be provided online either via the online platform available,
via Zoom, or both.

3. Fee
3.1. You agree to pay The KN Collective the Fee as set out on the Enrolment Page.
3.2. You agree to pay the Fee via the Website, by the due date of your chosen payment option.
3.3. If any payment under these Terms is not made in full on the due date, The KN Collective is
entitled to charge You interest on the overdue payment at the rate of 5% per annum,
calculated daily.
3.4. You agree that if You default on any payments due under these Terms, any costs incurred by
The KN Collective for steps taken to enforce payment terms will be recoverable and payable
by You.
3.5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST
inclusive, 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. The KN Collective reserves the right to terminate Your involvement in the Services for breach of
these Terms with 7 days’ notice by email.
4.2. If, in The KN Collective’s reasonable opinion, You would benefit from separate medical or mental
health treatment and support, The KN Collective may, at it’s discretion, terminate Your
involvement in any course or program and recommend you seek medical or mental health
treatment and support.
4.3. If The KN Collective terminates the Services, You agree to pay The KN Collective for the portion
of the Services completed up to the date and time of termination.
5. Delivery of courses and programs and License Information
5.1. Each purchase of the Services grants to You access to courses or programs through Kajabi,
or another online platform as may be used from time to time.
5.2. When You purchase a course or program through the Website, The KN Collective allows You
to access and use the course or program and its related content and materials for Your
personal purposes by granting to You a limited, revocable, non-exclusive, non-sublicensable,
non-transferable license for Your specific, non-commercial use only (the ‘License’).
5.3. The Licence is valid for the life of the course or program (‘License Term’). This means any
course or program will be viewable via the download link for the duration of the course or
program only. After this time the course or program will expire, and you will no longer have
access.
5.4. All courses and programs are intended for use only by the person registered within the
License Term only. Sharing of your License is prohibited. This includes the sharing of any
program materials, booklets, and access to any other aspect of the program.

6. Group Coaching
6.1. If group coaching forms part of an offering in a course or program, as a participant (Participant),
You expressly agree that you will not, through any means:
i. harm, harass, hassle or abuse other participants; or
ii. send un-welcomed communication such as spam to other participants; or
iii. act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable
manner; or
iv. infringe the intellectual property or privacy rights of any participant or any third-party.
6.2. The KN Collective retains the right to deny You access to the Services or to terminate Your
involvement in the Services at any time, at its discretion, for breach of these Terms.
7. Warranty Period for the Services
7.1. The KN Collective will use its best efforts and take all reasonable steps to help You work
towards your desired results. However, The KN Collective makes no warranty that the
Services will meet Your requirements or that all clients will achieve the same results.
7.2. The Services do come with guarantees that cannot be excluded under the Australian
Consumer Law. For major failures with the Services, You are entitled to cancel Your Service
contract with The KN Collective and are entitled to a refund for the unused portion, or to
compensation for its reduced value. A major failure with the service is defined by the
Australian Consumer Law and includes but is not limited to severe situations where a service
is unfit for the purpose it is sold or creates an unsafe situation.

8. Disclaimer
8.1. You are solely responsible for creating and implementing Your own personal, career,
business, mental and emotional well-being, decisions, choices, actions and results arising out
of or resulting from the Services and Your group sessions and interactions with Kemi
Nekvapil. As such, You agree that The KN Collective is not and will not be liable or
responsible for any actions You take or Your inaction, including effects on Your business,
personal life or career, or for any direct or indirect result of the Services provided by The KN
Collective.
8.2. You understand that in order to enhance the coaching relationship, You agree to
communicate honestly, and where applicable be open to feedback and assistance and to
create the time and energy to participate fully in any course or program.

9. Liability and waivers
9.1. Liability
The KN Collective’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.
9.2. Waivers
(a) A waiver of any right, power or remedy under this Agreement 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. It is not to be taken as an implied waiver of any
other obligation or breach or as an implied waiver of that obligation or breach in relation
to any other occasion.
(b) The fact that a party fails to do, or delays in doing, something the party is entitled to do
under this Agreement does not amount to a waiver.

10. Disclosure and Use of Confidential Information
10.1. All obligations of confidentiality set out in these Terms continue in full force and effect after
the completion of Services.
10.2. The KN Collective will not disclose any Confidential Information provided by You to The KN
Collective to any third party without your prior consent.
10.3. These Terms prohibit the disclosure of Confidential Information by The KN Collective except
in the following circumstances:
(a) when the disclosure is to a professional adviser for it to provide advice in relation to
matters arising under or in connection with these Terms and You have consented to the
disclosure of such information to the professional adviser;
(b) when the disclosure is required by applicable law or regulation; or
(c) if the confidential information is already in the public domain through no fault of The KN
Collective.

11. Copyright and Intellectual Property Rights
11.1. Intellectual Property Rights
(a) You agree that any works, items, materials or information of whatever nature produced
or developed by The KN Collective or under The KN Collective's direction pursuant to or
in any course or program or in providing the Services will remain the sole and complete
property of The KN Collective, 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 the KN Collective as
part of the Services, the KN Collective grants to You a non-exclusive and non-
transferable license to use such works, items, materials and information for Your
personal purposes.
(c) There is no assignment of Intellectual Property Rights by The KN Collective to You
under these Terms.
(d) Nothing in these Terms affects the moral rights in any works, items, materials or
information supplied according to these Terms.

11.2. Indemnification
You hereby indemnify and agree to keep indemnified The KN Collective 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.
If You breach the copyright of The KN Collective, You agree to indemnify the KN Collective. That
means You will pay for any losses suffered by The KN Collective (including reasonable lawyer’s fees)
that arise from Your breach of copyright in the works, items, materials or information supplied as part
of the Services.
12. Force Majeure
12.1. If circumstances beyond The KN Collective’s control prevent or hinder its provision of the
Services, The KN Collective is free from any obligation to provide the Services while those
circumstances continue. The KN Collective may elect to terminate these Terms or keep the
Terms on foot until those circumstances have ceased.
12.2. Circumstances beyond The KN Collective’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.
12.3. For the sake of clarity, if in The KN Collective’s reasonable opinion, the provision of the
Services will be affected by a COVID-19 pandemic, The KN Collective may suspend the
provision of the Services in part or in whole to You indefinitely. Additionally, The KN
Collective will not be liable for any losses or damage due to a COVID-19 pandemic. If You
choose to terminate due to a COVID-19 pandemic, clause 4 will apply.

13. Dispute Resolution & Mediation
We hope that a dispute between us does not arise, however in the unlikely event that it does, the following
clause will apply.
13.1. If a dispute arises out of or relates to these Terms, You and The KN Collective 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).
13.2. A party to these Terms claiming a dispute (the Dispute) has arisen under the 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).
13.3. 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 other mutually agreed means.
13.4. If for any reason, 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 by the President of the Law Society of Victoria.
13.5. It is agreed that mediation will be held in Victoria, with the venue to be agreed.
13.6. 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.
13.7. All communications concerning negotiations made by the parties are confidential and to the
fullest extent possible, must be treated as “without prejudice” negotiations.
13.8. 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.

14. Marketing
You agree that any testimonials that may be provided by you from time to time may be used by The KN
Collective for marketing purposes.
15. Mailing List
15.1. Upon registering for a course or program, You are agreeing to receive promotional material,
updates and other content from The KN Collective, and You will be registered for The KN
Collective Mailing List (the "Mailing List").
15.2. You may unsubscribe from the Mailing List at any time by selecting the unsubscribe option in
The KN Collective’s communications.

16. 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 You and The KN Collective. 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.
17. Governing & Jurisdiction
17.1. The KN Collective is located in Victoria and these Terms are governed by the laws of Victoria,
Australia.
17.2. In the event of any dispute arising out of or in relation to the Services, the parties agree that
the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in
Victoria, Australia.

18. Severance
If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent
necessary so that the Terms will otherwise remain in full force and effect.
19. Entire Agreement and Modifications
Both You and The KN Collective confirm and acknowledge that these Terms, the Enrolment Page and
Information Page of the website constitute the entire agreement between You and The KN Collective and
supersede and override all previous communications, either oral or written, between You and The KN
Collective.
I agree
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This is an invitation-only, premium group-coaching program.
I will be welcoming a maximum of 20 participants in April 2023.

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