Website Terms and Conditions
1. About the Website
1.1. Welcome to sarugupta.com (the 'Website'). The Website provides you with an opportunity to browse and purchase online group coaching programs that are available from time to time (Group Coaching Programs) and a variety of online self-paced workshops (Workshops) that have been listed for sale through the Website (collectively the 'Products’) as well as download free Eproducts and digital resources (Free Resources). The Website additionally offers you the opportunity to browse Saru Gupta’s services. The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2. The Website is operated by Saru Gupta (ACN: 47 638 337 401). Access to and use of the Website, or any of its associated Products or services, is provided by Saru Gupta. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Saru Gupta reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Saru Gupta updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Saru Gupta in the user interface.
3. Purchase of Products and Returns Policy
3.1. In using the Purchase Services to purchase the Products through the Website, you will agree to the payment of the purchase price listed on the Website for the Products (the 'Purchase Price').
3.2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (the 'Payment Gateway Providers').
3.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
3.4. Following payment of the Purchase Price being confirmed by Saru Gupta, you will be issued with a receipt to confirm that the payment has been received and Saru Gupta may record your purchase details for future use.
3.5. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
3.6. 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, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
3.7. In the event that you are making payment under a payment plan, and any payment under the Terms is not made in full on the due date, Saru Gupta is entitled to charge you interest at the rate of 5% per annum, calculated daily.
3.8. You agree that if you default on any payments due and payable under the Terms, any costs incurred by Saru Gupta for steps taken to enforce payment terms will be recoverable and payable by you.
4. Delivery of Workshops and License Information
4.1. Each Workshop purchase grants you access to the Workshop through Kajabi or other platforms used from time to time (the ‘Member Portal’).
4.2. When you purchase a Workshop through the Website, Saru Gupta grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Workshop and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘License’).
4.3. The Licence is valid for 6 months (‘License Term’). This means the Workshop will be viewable via the download link for the License Term only. After this time the Workshop will expire, and You will no longer be able to access the Workshop.
4.4. The Workshops are intended for use in a single household within the License Term only. Sharing of Your License is prohibited. This includes the sharing of any supplemental Workshop materials, digital resources, and access to any other aspect of the Workshop.
5. Workshop Refunds
The Workshops are non-refundable. This means that if you wish to terminate the Workshop early, all unpaid amounts of the Purchase Price are non-refundable.
6. Warranty for the Workshops
6.1. Saru Gupta will use its best efforts and take all reasonable steps to help you achieve the desired results. However, Saru Gupta makes no warranty that the Workshops will meet your requirements or that all clients will achieve the same results.
6.2. The Workshops come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a Workshop, you are entitled to cancel your contract with Saru Gupta 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.
7. Workshop Disclaimer
You are solely responsible for creating and implementing Your own business, career, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Workshops and interactions with The KN Collective. As such, You agree that The KN Collective is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Workshops provided by The KN Collective.
8. Delivery of Group Coaching Programs and License Information
8.1. Group Coaching Programs are delivered online via xoom for live coaching sessions.
8.2. Each purchase of Group Coaching Programs grant to you access to the Program through Kajabi or other platforms used from time to time (the ‘Member Portal’).
8.3. When you purchase the Group Coaching Programs through the Website, The KN Collective grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific program and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘License’).
8.4. The License is valid for 6 months or other time frame as specified (‘License Term’). This means the Group Coaching Programs will be viewable via the download link for the License Term only. After this time the program will expire, and You will no longer be able to access the programs.
8.5. The Group Coaching Programs are intended for use in a single household within the License Term only. Sharing of your License is prohibited. This includes the sharing of any supplemental program materials, digital resources, and access to any other aspect of the program.
9. The Group Coaching Programs Refunds
9.1. Unless otherwise specified, if you attend the first live session and think that the Group Coaching Programs are not a great fit for you, you will receive a refund. All you need to do is email [email protected] 24 hours of the first session, request a refund and you will receive a refund, minus a $100 admin fee.
9.2. There will be no refunds 24 hours after the first live session. This means that if you wish to terminate the program early, the Purchase Price is non-refundable.
9.3. If You are paying through a payment plan, You are required to make all outstanding payments of the Purchase Price within 7 days of termination.
10. Warranty for Group Coaching Programs
10.1. The KN Collective will use its best efforts and take all reasonable steps to help you achieve the desired results. However, The KN Collective makes no warranty that the Group Coaching Programs will meet your requirements or that all clients will achieve the same results.
10.2. The Group Coaching Programs come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the program, you are entitled to cancel your 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.
11. Group Coaching Programs Disclaimer
You are solely responsible for creating and implementing Your own business, career, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Program and interactions with The KN Collective. As such, You agree that The KN Collective is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Group Coaching Programs provided by The KN Collective.
12. Copyright and Intellectual Property
12.1. The Website, the Purchase Services, podcast, blog, Free Resources and all of the related Products of The KN Collective are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by The KN Collective or its contributors.
12.2. The KN Collective retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of The KN Collective; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
12.3. You may not, without the prior written permission of The KN Collective and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
12.4. You agree that any works, documentation, materials, Workshop content, the Group Coaching Programs content, Free Resources, creative works or information of whatever nature produced or developed by The KN Collective or under The KN Collective ' direction pursuant to or in the course of providing the Workshop or the Program 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). There is no assignment of Intellectual Property Rights by The KN Collective to you pursuant to these Terms. Nothing in these Terms affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms.
13. Privacy
The KN Collective takes your privacy seriously and any information provided through your use of the Purchase Services are subject to The KN Collective Privacy Policy.
14. General Disclaimer
14.1. You acknowledge that The KN Collective does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
14.2. Product descriptions posted on The KN Collective’ Product pages are used as an indication of the services rather than an actual representation. The KN Collective accepts no responsibility for inaccurate information supplied to it.
(a) The website may contain technical inaccuracies or typographical errors or omissions. The KN Collective is not responsible for typographical, pricing, product information or advertising.
(b) Advertised prices and availability are subject to change without notice. The KN Collective reserves the right to make changes, corrections and/or improvements to the Website, and to the Products and services described in such information, at any time without notice.
14.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
14.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) The KN Collective will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
14.5. Use of the Website, the Purchase Services, the podcast, the blog, the Free Resources and any of the Products of The KN Collective is at your own risk. Everything on the Website, the Purchase Services, the podcast, the blog and the Products of The KN Collective, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of The KN Collective make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of The KN Collective) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related Products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
15. Information Disclaimer
15.1. Any information, advice, content or documentation provided through the Workshops, the Group Coaching Programs, the Free Resources including in any associated blog article or podcast, on the Website or on any other related platform do not constitute psychological, career, professional, business or other advice, and are provided for general information and guidance purposes only.
15.2. All care is taken in the preparation of the information and published materials in any Free Resources associated blog article or podcast, on the Website or on any other related platform. The KN Collective does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
15.3. To the extent permissible by law, The KN Collective will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or Your reliance on the information, advice or documentation in any Free Resources, associated blog article or podcast, on the Website or on any other related platform.
16. User Generated Content
16.1. If you choose to contribute any content to the Website or any other platform operated by The KN Collective, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).
16.2. By contributing content to the Website, you grant The KN Collective a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by The KN Collective.
16.3. Additionally, if you post Your Content with any personal information including identifying information such as location or name, you agree The KN Collective can use that information with Your Content for advertising and promotional purposes, or any other business purpose.
16.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to The KN Collective social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to The KN Collective. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
16.5. Please ensure you keep your own copies of Your Content as The KN Collective may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
16.6. The KN Collective will endeavour to provide you with an appropriate credit when using Your Content on The KN Collective platforms, though you understand and agree this may not always be possible.
16.7. The KN Collective reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
17. Mailing List Registration
17.1. When you register for or purchase the Products, 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').
17.2. You may unsubscribe from the Mailing List at any time by selecting the unsubscribe option in The KN Collective’s communications.
18. Limitation of Liability
18.1. The KN Collective's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of The KN Collective is the resupply of information or Purchase Services to you.
18.2. You expressly understand and agree that The KN Collective, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
18.3. The KN Collective is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of The KN Collective, by third parties or by any of the Purchase Services offered by The KN Collective.
19. Indemnity
19.1. You agree to indemnify The KN Collective, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
20. Venue and Jurisdiction
The Purchase Services offered by The KN Collective is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
21. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
22. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
23. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
