Website Terms and Conditions

Kim Macdonald & Co.

Introduction

Welcome! This website, www.kimmacdonald.com.au, is owned and operated by Kimin Pty Ltd trading as Kim Macdonald & Co (ABN: 97 141 108 643). If you have any questions or need further information, please reach out to our team:

EMAIL:kim@kimmacdonald.com.au

PHONE: (+61) 0414 842 721

POST: PO Box 811, Leopold VIC 3224 Australia

This document sets out the Terms and Conditions you need to be aware of when using this website or purchasing from us. Please take a moment to read it, as it sets out the terms of our relationship so that we may benefit from clear boundaries and knowing what to expect from each other.

When you visit this website, use our services, or purchase our products, you agree that you are over the age of 18 and willing to be bound by these Terms & Conditions. If you don’t agree, you should not continue to visit this website or purchase anything from us.

All products and services advertised on this website are offered in compliance with Australian Consumer Law.

These Terms & Conditions may be changed or modified from time to time. Please check back regularly to ensure you are aware of any changes.

There may be additional, specific Terms of Participation provided to you in relation to our programs. If there is any inconsistency between this document and those specific Terms, these Website Terms & Conditions are overruled to the extent of the inconsistency.

Content Disclaimer

On this website and in our social media accounts, we provide information about business growth, personal development and money methodology. This content is provided solely for your education and development, both professional and personal. Our intention is to put an end to entrepreneurial poverty and make complex concepts simple, helping you get off the hamster wheel of life.

We conduct extensive research in order to provide content that we believe to be valuable and true, but we have no responsibility for the use that you make of that information.

Please be aware that the generalised information we provide is not a substitute for specialist advice tailored to your individual circumstances.

There is no professional relationship formed by your visit to our website unless you explicitly choose to work with us by purchasing our services or products.

Any testimonials or results we may display on this website are based on our experience and those of our previous clients. They are not guarantees that anyone else will achieve the same results.

While we take all reasonable care to ensure that the content we create is accurate, relevant and up to date, we make no guarantees and disclaim any legal liability for inaccuracy, incompleteness or error. If you find something that seems problematic, it would be very helpful if you let us know!

We may modify our content at any time, including altering or deleting it without notice. However, if you have paid for lifetime access to specific content, we will provide you with reasonable notice and an opportunity to download that content before deleting it.

Visitor Responsibilities

You are responsible for your own safety and wellbeing while browsing the internet. Do not act on anything you read without first conducting your own research, consulting appropriately qualified professionals, and making informed choices about what is right for you, based on your personal circumstances.

It really should go without saying, but as a user of our website, you agree not to behave maliciously, spam any other user, post defamatory content about anyone, infect any aspect of our website with malware, hack into any part of our website where you don’t have our permission to be, or use our website for any purpose other than consuming our content, engaging in our programs, and purchasing our products or services. You also agree not to use our website or content in any way that is unlawful or harmful to any other person or business. If you do, we have the right to refuse you service and ban you from accessing our website or social media.

Downloads

This site may offer paid and free downloads. While we take cybersecurity seriously and make every reasonable effort to ensure these downloads are safe and hassle free, we are not responsible for any viruses or other damage which might occur as a result of you downloading material from this site. Please make safety your priority and ensure you have adequate internet security to protect yourself against malicious interference from cybercriminals.

External Links

From time to time, we may provide links to external sites. We have no control over the information provided on these sites, and the links are solely for your information, education or entertainment. We do not endorse any products they offer for sale and have no relationship with them unless otherwise clearly notified.

We may provide links to the websites of our affiliates. We think they are wonderful, but we do not explicitly endorse any services or products they offer for sale. While we believe them to be reputable businesses, any relationship you enter into with them is at your own risk, and we are not a party to the transaction in any way. If you find a broken link, feel free to let us know.

Why Work With Us?

There are a number of ways you may choose to work with us that are available to purchase or book through our website. The terms and conditions in this document apply to all of our services and products unless alternative terms are explicitly provided to you.

We offer:

the DIY Profit First Kickstart course,

group mentoring services, and

free downloadable resources.

Our intention in offering these services and products is to support you with professional development in relation to your business and cashflow management and personal development assisting you to get from where you are now to the life you dream of.

Kim, our director, is a certified Profit First Professional, a certified Quality Mind Mentor, is trained in Neuro Linguistic Programming (NLP), and has 15 years of experience as a registered BAS agent, although she is no longer providing bookkeeping services.

We believe it is our responsibility to:

provide you with accountability to work towards your goals,

conduct sessions in a safe and ethical manner,

prioritise your informed consent,

deliver what we have promised with integrity,

hold space for you to explore your needs,

practice within the scope of our qualifications,

undertake ongoing professional development, and

make all reasonable efforts to meet a high standard of best practice.

What You Need to Know

You will need to have a basic knowledge of how to use Google Docs and Zoom when you work with us. Please let us know if this is a problem so we can support you to set up the tech and use it confidently.

Important information about how to get the most value out of working with us is set out below. If you have any questions or concerns, please email us before proceeding with your purchase.

It is a condition of working with us that you take ownership of your own journey and are prepared to put the effort in and do the work, instead of expecting us to wave a magic wand for a quick fix or do all the work for you. This means coming to the group sessions prepared to ask questions and participate and completing any assigned homework. You cannot choose not to implement the learning and then blame us for not getting results.

You have come to us because what you have tried to date hasn't worked for you, so it is important to remember that we are here to help you to try something different. You will need to approach this work with curiosity and keep an open mind, being open to change and suggestions for other ways of doing things. A fixed mindset will not help you to grow.

We expect you to be upfront and honest with us about your challenges so we can support you. This includes messaging us immediately if an issue arises, rather than getting overwhelmed and tangled up in overthinking. Kim is quite often in meetings or sessions so if you need to contact her, email is best - kim@kimmacdonald.com.au. We cannot help you if you choose not to be completely honest and open with us. You may think an issue is not relevant but if we have raised it in one of our programs, trust us that it is important, and we need to know so we can provide proper advice.

Group sessions are recorded and shared with other participants in the group. Please be mindful of what information you choose to share on the call. It is common to want to discuss highly sensitive personal or financial information. You can always ask us to stop the recording if there is something particularly sensitive that you wish to talk about. We also require that you respect our privacy and that of other participants. All information shared is confidential and any information you hear is not to be disclosed outside the group. Disrespectful communication of any kind will also not be tolerated.

Pricing for the program or combination of programs you wish to enrol in will have been discussed in our discovery call with you, and your payment options will be sent in a follow up email. You agree to make the payments set out in that email. If anything about your payment obligations is unclear, please contact us before you sign your program agreement. We provide lifetime access to our programs. This means you will have access to the content for the life of the program, and if we choose to no longer offer that program, we will provide you with a reasonable opportunity to download the relevant content.

If you have purchased Profit First Kickstart, you receive free access to Advanced Profit First (with a monthly live call) for the life of the membership. If you have already implemented Profit First in your business, you can pay a monthly fee to receive access to the Advanced Profit First group mentoring calls and resources. You may leave the membership at any time. However, you must provide us with at least 7 days’ notice, or you will be invoiced for the next month.

Disclaimer – You WILL need Professional Advice

Do not rely on us for tax advice. We only get a small window into your business and don't see the big picture, but the work you do with us can have larger implications. As a result, it is absolutely essential that you get appropriately qualified financial advice before making decisions. You must seek your own accountant or financial adviser for proper professional support. Our mentoring is not financial or legal advice and is not a substitute for counselling or mental health support. If any concerns arise during our work together, we strongly recommend you seek advice from an appropriately qualified professional.

Suitability

You will get the most out working with us if your approach to business isn’t working for you, so you are looking for other options. We normally work with service-based business owners – either in the health and wellbeing industry or tradies. You will need to have a sense of humour and be here for a big life. That means being willing to jump in and give new things a go. Our most successful clients are those who are ready to learn, take action and keen to get the most out of this opportunity.

We do not work with e-commerce or import/export businesses. We also choose not to work with business owners who do not have integrity, so if you are trying to hide money in your business, not do the right thing by your employees, or rip people off, you are not a good fit to work with us.

Indemnity

We do not make any guarantees or warranties about the accuracy of any material displayed on this website, or the products, services, or programs offered through it, except for any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law. We are human and errors creep in despite the best of intentions. If you see something that doesn’t seem right, please let us know.

We deeply care about your experience and will always strive to support you in any way we can. However, even though we do our best to ensure the utmost integrity in everything we offer and make all reasonable efforts to meet the highest standards of best practice, sometimes things may not go as planned. If something goes wrong you agree that, to the fullest extent permitted by law, we won't be held responsible for any loss or damage related to our website, products, or services unless it is directly caused by our negligence, misrepresentation, or deliberate fault.

You take full responsibility for your implementation of any suggestions that we may make while providing our services. You understand that our advice is limited to providing you with options for your consideration, and that you are solely responsible for any actions that you choose to take. Always consult your own values and vision, do your own research, and check with appropriately qualified professionals before making major decisions or significant changes. You agree to indemnify us against all consequences arising directly or indirectly from your choices.

You expressly agree that if this indemnity is unenforceable for any reason, our total cumulative liability for all causes of action of any kind (other than negligence or deliberate wrongdoing) shall not exceed the amount that you have paid to us for the relevant program that you are currently participating in.

Payment Terms

All prices on our website are in Australian dollars and are inclusive of GST.

We accept payment through Stripe or by bank deposit.

We do not have access to your account details. Any financial information you enter is stored under Stripe’s security policy: https://stripe.com/docs/security/stripe.

Payment is required either upfront at time of booking or due within 7 days of invoice.

Payment plans are offered for your convenience only, so you can spread your payment out over time. You are still committed to paying the whole amount, even if you change your mind about your purchase, as you have had access to our intellectual property. It is your responsibility to ensure you have sufficient funds to make payment instalments on time. Contact us if there is a problem due to extenuating circumstances. We may make alternative arrangements on compassionate grounds at our sole discretion.

If a payment is overdue by more than 48 hours, access to the program content will be suspended until your payments are up to date. If your payment is more than 7 days overdue and you have not contacted us to make alternative arrangements, the payment plan will be cancelled, we will send you an invoice for the whole amount remaining, and our normal payment terms will apply to that invoice.

You agree to pay all costs, including debt collection agency fees and solicitor’s costs, that we may incur in taking steps to recover any money that you owe to us, regardless of whether legal proceedings are issued in relation to the debt.

Refund Policy

We do not offer a refund for our Profit First Kickstart program if you change your mind, as you will receive immediate access to our intellectual property. As a result, we encourage you to consider carefully whether this program is right for you before you commit to enrolling.

For our Quality Mind mentoring program, there is a money back guarantee if you don’t see positive changes in your Life Scorecard after 12 weeks. To qualify for this refund, you must have completed all the daily actions in the Quality Mind app (a minimum of 30 minutes per day) and attended all of the weekly group mentoring sessions. There are no refunds if you change your mind about participating and choose not to undertake the required activities.

Consumer Guarantees

If you feel that there is any problem with our program, please let us know as soon as possible. We are keen to understand what has gone wrong if you are unhappy so that we can address your concerns and try to find a mutually acceptable solution.

We take our obligations under Australian Consumer Law seriously and will do our best to address any issues that arise. However, even if there is a major problem, our liability is strictly limited to:

replacing the goods or providing the services again; or

if we are unable to do so within a reasonable time, refunding the full amount that you have paid to us.

Delivery

All sessions are held online using Zoom. It is your responsibility to ensure that the software is installed and working before our session. You will need a private location where you won’t be disturbed and can speak freely.

1:1 sessions may be recorded and uploaded to the Zoom cloud unless you request otherwise. We can make recordings available to you on request. This is for your personal recollection only.

Group sessions will be recorded, and the recordings are shared with other participants.

Recordings are not to be shared externally or made public for any reason.

If anything is unclear or confusing, we encourage you to reach out to us so we can provide clarification.

Appointment Policies

1:1 sessions require at least 12 hours’ notice to reschedule. This allows us to help someone else in the time that has been reserved for you.

If less than 12 hours’ notice is provided, we may agree to reschedule at our sole discretion in exchange for an administrative fee of $27.50.

If you are prevented from attending our session due to an emergency beyond your control, please contact us as soon as possible to let us know. We may agree to waive the administrative fee on compassionate grounds at our sole discretion, depending on the nature of the emergency.

On the very rare occasion that we must cancel a session due to circumstances beyond our control, we will contact you as soon as possible to arrange a mutually convenient time to reschedule.

If you are unable to attend a group call, a recording will be provided.

Intellectual Property

Commercial exploitation of our content in any way that competes with our business is strictly prohibited.

You are expressly prohibited from claiming our intellectual property as your own.

Copyright material is provided to you for your personal use and professional development only and must not be copied or shared in any way without our written consent.

During our programs, we will be sharing trade secrets and confidential information with you. It is an essential condition of participation that you agree that you will not provide extracts of any of our content to anyone else under any circumstances. It takes a lot of learning and qualification to deliver these materials to you. We are specifically authorised to share these trade secrets by the owners of that intellectual property. Unless you undergo the same level of certification and attain a license, you are not equipped with the level of detail needed to provide proper support - you could only convey a superficial understanding and that is not serving anybody. Sharing trade secrets without proper authorisation is a serious breach of these Terms. If you are interested in pursuing certification, please ask and we can connect you with the right person.

As certified practitioners of Profit First® and Quality Mind® we are authorised to display these registered trade marks under license by the respective trade mark owners.

Respectful Communication

We reserve the right to moderate any comments made on this website, in the Facebook Groups we control, and on any of our social media pages and profiles, including deleting comments that we deem to be rude, offensive, spammy or unacceptable, without any notification or correspondence with you. Keep all communication kind and polite, please.

Disrespectful or aggressive behaviour towards our team or anybody else will not be tolerated.

Dispute Resolution & Jurisdiction

If a dispute arises, you agree that you will not engage in any public discussion about the issues, will behave politely towards us, and will avoid any conduct or communication which might reasonably be expected to interfere with our business or personal interests. You agree to act in good faith and be reasonably cooperative at all stages of the dispute resolution process. We will treat you with the same consideration.

If you have any concerns, issues or complaint arising out of your participation in our programs, you agree to communicate with us with the intention of making a genuine effort to seek a win/win solution and trying to resolve the dispute in good faith through negotiation and discussion. Please email our director at kim@kimmacdonald.com.au and expect a response within 5 business days.

If the problem is serious, you agree to meet with us in good faith to discuss it and try to make a genuine effort to find a win-win solution. If the problem cannot be resolved within a reasonable time, you agree to pursue mediation and alternative methods of dispute resolution, with litigation being a last resort. We commit to making a similar effort to resolve any disputes in a friendly manner.

These Terms of Participation are subject to the governing law of Victoria, Australia. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of Victoria, and the Commonwealth of Australia, will have exclusive jurisdiction.

This Document is Copyright

A lot of effort has been invested in making these Terms easy to read and fair to everyone involved. Please let us know if you find anything that is not fully aligned with our practice, or which is difficult to understand. Copying this document without permission is a breach of copyright and bad business practice. Show respect for us, yourself & your clients by getting your own Contracts that Care from www.carefreecounsel.com!

This document was created with the support of Carefree Counsel.