1. Terms of use
1.1. In these terms of use, “we”, “us” and “our” means Kayla Hart (ABN 35 667 336 362) of Queensland, Australia. Please read these terms of use carefully as they apply to your use of this Website including any content on it (kaylahart.com). By accessing or using this Website you agree to be bound by these terms of use.
1.2. We may revise these terms of use from time to time. We will display a notice on this Website indicating when any such revisions have been made.
2. Copyright and other rights
2.1. This Website is subject to copyright and possibly other intellectual property rights.
2.2. The text, images, works and all data, in particular the Circularity book cover, graphic designs, photographs and university projects featured on this Website (kaylahart.com) are also protected by copyright.
2.3. Subject to the terms of clause 3 (Licence to use the content on the Website), any use of this Website and of the Website Content may infringe our copyright or other rights, or the rights of any other owner of the copyright in the Website Content.
3. Licence to use the content on this Website
3.1. We grant you a limited, non-transferable licence to access and use this Website solely for your personal, non-commercial purposes.
3.2. We (or our licensors) retain all right, title, and interest in and to this Website, and nothing you do on or in relation to this Website will transfer any intellectual property rights to you or, except for the licence referred to in clause 3.1, licence you to exercise any intellectual property rights unless this is expressly stated.
3.3. Except as provided in these terms of use, permission to use or copy this Website for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at enquiries@kaylahart.com if you wish to seek such consent.
3.4. Subject to applicable law, we may revoke the permission referred to in clauses 3.1 and 3.3 at any time and may suspend or deny, in our sole discretion, your access to or use of this Website without notice.
4. Linking to this Website
4.1. You may not create a link to any page on this Website, or use the URL kaylahart.com, Kayla Hart logo or any of our other trade marks without our prior written consent.
4.2. We do not represent or endorse links from any third party websites.
4.3. You must not frame this Website, or represent or imply that any part of this Website belongs to anyone other than us.
4.4. If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
5. Email and SMS services
5.1. This Website provides various ways for you to receive emails and/or SMSs from us. Emails you receive from us will be to communicate booked sessions and students’ progress reports.
5.2. If you receive unwanted emails and/or SMSs from us, you may contact us to request that emails and/or SMSs to you be discontinued by contacting us at enquiries@kaylahart.com.
5.3. We are not responsible for any phone or email charges incurred by you or any other person who has access to your phone or email address.
6. Your content
Your responsibilities
6.1. You must not provide any material through an email that:
a. infringes the intellectual property or other rights of another person;
b. is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
c. relates to unlawful conduct;
d. creates a privacy or security risk to any person, including by soliciting personal information from any person;
e. solicits money from any person;
f. is false, misleading or deceptive;
g. contains financial, legal, medical or other professional advice;
h. would harm, abuse, harass, stalk, threaten or otherwise offend;
i. would reflect negatively on us, including our goodwill, name and reputation;
j. tampers with, hinders the operation of, or makes unauthorised modifications to this Website;
k. would breach any applicable laws; or
l. would otherwise result in civil or criminal liability for you, us or any third party.
Indemnity
6.2. You agree to indemnify and hold Kayla Hart (including any of its directors, officers, employees, consultants, or shareholders) harmless from any claim made by any third party arising out of Your Content.
7. General restrictions
7.1. In using this Website, you must not:
a. provide us with inaccurate or incomplete information;
b. violate any applicable laws, or use this Website for any purpose that is unlawful;
c. use the email functionality of this Website to send unwanted emails or spam;
d. distribute viruses, spy-ware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
e. collect or store personal data about other users of this Website; or
f. engage in any other conduct that inhibits any other person from using or enjoying this Website.
8. Warranties and liabilities
8.1. All express or implied warranties, representations, statements, terms and conditions relating to these terms of use and this Website that are not contained in these terms of use, are excluded to the maximum extent permitted by law.
8.2. In particular, and without limiting paragraph 8.1:
a. while we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and
b. we cannot be responsible for any loss, corruption or interception of data sent to or from this Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
8.3. We recommend that you install and use up-to-date anti-virus, anti-spy-ware and firewall software on your computer.
8.4. Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms of use or this Website whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD $50.
8.5. Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
a. special, indirect, consequential, incidental or punitive damages; or
b. damages for economic loss, loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data,
whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
8.6. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
9. Variation of this Website
9.1. We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website.
10. Links and advertisements
10.1. This Website may contain links to other third party websites. We have not reviewed any of the sites linked to this Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Website. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement.
11. Privacy policy
11.1. In using this Website, you may give us personal information. By using this Website, you grant us consent to collect, store, use and disclose such personal information in accordance with our privacy policy.
11.2. We collect information from you when you fill out an enquiry form on the Contact Page, send us an email or attend a Zoom session. Personal information sent via email will be stored electronically.
11.3. When filling out the enquiry form, you may provide your name, email and phone number. Upon booking a tuition session, you may provide additional personal details, such as the student’s name and contact information, for the purpose of tailoring a program for the student.
11.4. We will disclose personal information if it is required or authorised by law.
11.5. You may update any personal information you have given us at any time by emailing enquiries@kaylahart.com.
11.6. This Website is powered by WordPress.com and as such, data may be collected by third parties. Site data, such as the number of times this Website has been visited, may be collected, stored, used and disclosed to third parties. By using this Website, you consent to the collection, storing, using and disclosing of this type of information in accordance with these terms of use.
11.7. Any third party websites are subject to their own terms of use and privacy policies. It is your responsibility to read their terms.
12. Force majeure
12.1. Neither party will be liable for any delay in performing any of its obligations under these terms of use if such delay is caused by circumstances beyond the reasonable control of that party.
13. Infringing or objectionable content
13.1. If you believe this Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us at enquiries@kaylahart.com.
14. General provisions
14.1. If any part of these terms of use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
14.2. These terms of use are governed by the laws of Queensland, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia.
This Website is intended for users within Australia only.
14.3. These terms of use constitute the entire agreement between us and you in relation to this Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to this Website.
14.4. Your use of this Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of this Website, including sending you electronic notices.
14.5. The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use.
14.6. No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
14.7. The word “including” when used in these terms of use is not a term of limitation.
Date of last revision: 07/06/2021
Kayla Hart 