Terms of Use

PARTIES 

This writing outlines the intended legal relationship between THE KARA COLLECTIONS (the “COMPANY”, “we”, “us”, or “our”) and you (the “CLIENT”). The writing (the “AGREEMENT”) is intended to govern and control your purchase of The Kara Club (the “MEMBERSHIP”) from the COMPANY.

The COMPANY and the CLIENT are the intended parties (the “PARTIES”) to this AGREEMENT.

DEFINITIONS AND INTERPRETATION

Capitalized words not defined in the body of this agreement shall have the following meanings for purposes of this agreement:  

Shop - the CLIENT’S personal URL (website) where the CLIENT sells graphic designs to the general public.
Membership - CLIENT’S personal URL (website) where the CLIENT sells graphic designs and support to the general public. May also be referred to as PROGRAM.
Third-party sites - where the CLIENT has an account used for the purposes of providing CLIENT’S graphic designs for sale to the general public, and or persons with accounts with the third party site.  
Affiliate - any present or future entity controlling, controlled by, or under common control with, a Party
Credentials - means a unique username and password
Membership term - the length of the membership

ACCEPTING THESE TERMS

As the CLIENT, you are entering into a legally binding agreement with the COMPANY, registered in Melbourne, Australia according to the following terms and conditions, when you do any of the following:

  • Click “I Agree” 
  • Email your statement of the agreement 
  • Enter your credit card information 
  • Sign this agreement on this page, or reverse 
  • Enroll electronically in the MEMBERSHIP
  • Enroll verbally, or otherwise, in the MEMBERSHIP

With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. A facsimile, electronic, or e-mailed executed copy of acceptance of this AGREEMENT is legally binding with either a written or electronic signature and has the same result as an originally signed copy.    

COMPANY’S SERVICES

This AGREEMENT is executed and valid, when CLIENT accepts these terms (electronically, verbally, written, and or otherwise).  

The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to CLIENT.  

PARTIES agree that the MEMBERSHIP is in the nature of education and teaching included but not limited to:

  • Teaching CLIENT how to create and design CLIENT’S own graphic templates to share to the public; 
  • Learning how to create graphics and templates; 
  • Access to the COMPANY’S systems or processes involved in creating CLIENT’S templates and design resources

The scope of services provided by COMPANY according to this AGREEMENT are limited to those listed on COMPANY’s website, or as part of the MEMBERSHIP. COMPANY reserves the right to substitute services equal to or comparable to the MEMBERSHIP for the CLIENT if the need arises, without prior notice.  

CONFIDENTIALITY

The term “Confidential Information” means INFORMATION WHICH IS NOT GENERALLY KNOWN TO THE PUBLIC RELATING TO THE CLIENT’S BUSINESS OR PERSONAL AFFAIRS.

COMPANY agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with CLIENT during discussions and interactions with CLIENT, or otherwise, without the written consent of CLIENT.

COMPANY shall keep the Confidential Information of the CLIENT in strictest confidence and shall use its best efforts to safeguard the CLIENT’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.

The COMPANY’S privacy policy, terms of use, disclaimers, and disclosures also apply to how COMPANY collects, uses, stores, and who has access to any personally identifiable information supplied by the CLIENT due to its enrollment in the MEMBERSHIP.

NO TRANSFER OF INTELLECTUAL PROPERTY

COMPANY’s copyrighted and original materials are provided to the CLIENT for his or her INDIVIDUAL USE ONLY and under a limited single-user license.  

As part of the access to the intellectual property, educational, and teaching materials that are part of the CLIENT’S access to the PROGRAM, CLIENT agrees and understands that:  

  • CLIENT shall not copy and paste the COMPANY’S provided templates and then provide for sale to the general public.  
  • CLIENT shall use the access to the COMPANY’S provided templates as a foundation to create and develop CLIENT’S own graphic designs that it then shares to promote CLIENT’S products, business and services 
  • CLIENT understands that the MEMBERSHIP  includes a standard license only that client and their team (in CLIENT’S Canva account) can use to create unlimited end products for personal use. 
  • If CLIENT wishes to use the templates for multiple clients, or to create multiple end products for sale, CLIENT can purchase the Platinum Plan in The Kara Club. If the product is not available in the shop, or if CLIENT is not sure which license they need, CLIENT can reach out to COMPANY. 
  • CLIENT is not authorized to use any of COMPANY’s intellectual property, trademarks and or copyrights, for any purpose. 
  • CLIENT is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY. 

ALL INTELLECTUAL PROPERTY, INCLUDING COMPANY’S COPYRIGHTED SHOP OR MEMBERSHIP MATERIALS, SHALL REMAIN THE SOLE PROPERTY OF THE COMPANY. NO LICENSE TO SELL OR DISTRIBUTE COMPANY’S MATERIALS IS GRANTED OR IMPLIED.

MEMBERSHIP MISUSE

 The intent of The Kara Club is to benefit its members by providing templates, information, training, tools, materials and community to improve their marketing and business.  

Any misuse or abuse of this program will constitute a breach of this AGREEMENT and will include immediate termination of services, cease and desist and an impartial assessment of damages which will be leveraged in full litigation. COMPANY also reserves the right to publish the name and details of any such action as we see fit.  

Potential membership misuse includes:

  • CLIENT joins the membership to get access to the resources, downloads available resources and terminates the membership within the 3 month membership period.  
  • CLIENT abuses the community to try and sell services and products to them. 
  • CLIENT uses templates and resources, and uses it for client work without a commercial license or tries to resell templates and resources (even if tweaked slightly)

MEMBERSHIP RULES

To the extent that CLIENT interacts with COMPANY staff and or other clients, CLIENT agrees to behave professionally, courteously, and respectfully with staff and clients at all times.  

CLIENT agrees that failing to follow course rules is cause for termination of this AGREEMENT. In the event of such a termination, CLIENT is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the Fee.

ARBITRATION

In the event that a dispute arises between the PARTIES or a grievance by CLIENT, the PARTIES agree that all claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Australia or another location mutually agreeable to the parties.  

The arbitration shall be conducted on a confidential basis pursuant to the laws of Melbourne. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in digital memberships and digital shops and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

USE OF PROGRAM MATERIALS  

  • By accepting this AGREEMENT, CLIENT consents to recordings being made of the MEMBERSHIP resources. 
  • COMPANY reserves the right to use, at its sole discretion, the following: MEMBERSHIP materials, videos, audio recordings, and materials submitted by CLIENT (in the context of the MEMBERSHIP for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the CLIENT.
  •  CLIENT consents to its name, voice, and likeness being used by COMPANY for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the CLIENT. 

NO RESALE OF SERVICES PERMITTED

CLIENT agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the PROGRAM including materials, use of the PROGRAM, or access to the PROGRAM. This AGREEMENT is not transferable or assignable without the COMPANY’s prior written consent.

  • CLIENT shall not simply take the provided designs from the COMPANY and without any changes add them to the CLIENT’S shop and or third party site. 
  • CLIENT shall take the provided designs from the COMPANY and use them as a foundational starting point to create the CLIENT’S own original graphic designs and templates.

TERMINATION

This AGREEMENT ends if any of the following occur: 

  1. CLIENT’s account is in arrears and no action has been taken to correct the late payments; or 
  2. Otherwise in default of this AGREEMENT, then full payment is immediately due and CLIENT is barred from using any of COMPANY’s services. COMPANY is allowed to immediately collect all Fees from CLIENT and stop providing further services to CLIENT. 

PAYMENT

 CLIENT agrees to pay COMPANY the stated fee (the “FEE”) according to the payment terms:

  • As outlined on COMPANY’s website, 
  • Provided through email, 
  • According to the Payment Schedule and the payment plan selected by CLIENT (the “FEE”), or 
  • As otherwise noted in this AGREEMENT.

Installment or payment plans: when CLIENT agrees to the purchase of COMPANY’S Membership as part of an installment or payment plan and a payment fails, the COMPANY will make reasonable attempts to notify the buyer and have the payment issue addressed.

If the payment issue is not addressed, then the COMPANY has the right to cancel the CLIENT’S account. 

REFUNDS

Due to the nature of this Membership, there will be no refund. CLIENT will receive access to COMPANY’s templates, membership portal, Facebook Group, training and resources.  It is up to CLIENT to make the most of the resources provided and to reach out to COMPANY with any issues that arise to use the PROGRAM as effectively as possible.

CHARGEBACKS & PAYMENT SECURITY

To the extent that CLIENT provides COMPANY with credit card(s) information for payment of FEE on CLIENT’s account, COMPANY is authorized to charge CLIENT’s credit card(s)for any unpaid charges on the dates agreed to. 

CLIENT MUST CONTACT COMPANY FIRST BEFORE FILING A DISPUTE OR MAKING A CHARGEBACK ON THE CARD THAT CLIENT USED FOR PAYMENT WITH CLIENT.  

When you, the CLIENT, file a dispute or a chargeback, there are significant fees involved. The COMPANY agrees to work with you to correct any fees you feel are incorrect. If you bypass the COMPANY and file a dispute or a chargeback, the COMPANY WILL INVOICE YOU FOR THOSE FEES.

CONTROLLING AGREEMENT

In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’s representatives, or employees, the provisions in this AGREEMENT control.

ENTIRE AGREEMENT  

This AGREEMENT is the entire AGREEMENT between the PARTIES relating to the subject matter and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a writing signed by both PARTIES. 

LIMITATION OF LIABILITY

By using COMPANY’s services and enrolling in the MEMBRSHIP, CLIENT releases COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from his or participation in the MEMBERSHIP. The MEMBERSHIPprovides education and teaching.

CLIENT accepts any and all risks, foreseeable or non-foreseeable arising from the PROGRAM.  

Regardless of the previous paragraph, if COMPANY is found to be liable, COMPANY’s liability to CLIENT or to any third party is limited to the lessor of:  

The total amount of money CLIENT paid to COMPANY.  

All claims against the COMPANY must be filed with the entity having jurisdiction within 90 calendar days of the date of the first claim or otherwise be forfeited forever. CLIENT agrees that COMPANY will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of COMPANY’s services or enrollment in the MEMBERSHIP.  

CLIENT agrees that use of COMPANY’s services is at CLIENT’s own risk.

INDEMNIFICATION

COMPANY recognizes and agrees that all of the COMPANY’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions, or representations of the COMPANY.

CLIENT shall defend, indemnify (insure and protect), and hold harmless the COMPANY, COMPANY’s shareholders, trustees, affiliates, and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the PROGRAM.

These include (without limitation): claims, damages, judgments, awards, settlements, investigations, legal actions, regulatory actions, costs, attorneys fees, disbursements, or the like that occur from or are related to this AGREEMENT.

Any expenses or liabilities that result from a breach of this AGREEMENT, sole negligence, or willful misconduct by the COMPANY, COMPANY’s shareholders, Trustees, Affiliates, or Successors are excluded from indemnification. 

DISCLAIMER OF GUARANTEE

CLIENT ACCEPTS AND AGREES THAT HE OR SHE IS 100% RESPONSIBLE FOR HIS OR HER PROGRESS AND RESULTS FROM THE PROGRAM. CLIENT ACCEPTS AND AGREES THAT HE OR SHE IS THE ONE VITAL ELEMENT TO THE PROGRAM’S SUCCESS AND THAT COMPANY CANNOT CONTROL CLIENT.  

COMPANY makes no representations or guarantees verbally or in writing regarding the performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the PROGRAM will meet CLIENT’s requirements or that all CLIENTs will achieve the same results.

CHOICE OF LAW/VENUE

This AGREEMENT is governed and interpreted in accordance with the laws of the State of Victoria, Australia without giving effect to any principles of conflicts of law.  

The PARTIES agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration in the State of Melbourne, VA  according to the rules of the The Australian Centre for International Commercial Arbitration (ACICA). The arbitration is binding upon the PARTIES and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.

SURVIVABILITY

The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of Fees owed set forth in this AGREEMENT, and any other provisions that by their sense and context the PARTIES intend to have survive shall survive the termination of this AGREEMENT for any reason.

SEVERABILITY

If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT. 

FACEBOOK® GROUP RULES

This agreement is between you (the GROUP MEMBER) and The Kara Collections (the COMPANY), a registered business in the state of Victoria, Australia. This Facebook® group The Kara Club Membership (the “GROUP”) is provided as a courtesy and optional service from the COMPANY as part of CLIENT’S active account in the COMPANY’S PROGRAM.  

This agreement in no way circumvents or takes the place of the terms and conditions of use imposed by Facebook®. You are also bound by any terms of use provided by Facebook®.

Facebook® is a registered trademark of Facebook, Inc. a Delaware Corporation and COMPANY makes no claim or right on the intellectual property regarding the trademark Facebook® or Canva®.

COMPANY INFORMATION

You may contact the COMPANY by emailing hello@thekaracollections.com

© Copyright 2021 | Designed by The Kara Collections