Terms of Participation

Kim Macdonald & Co.

Introduction

Hello! We are Kimin Pty Ltd trading as Kim Macdonald & Co (ABN: 97 141 108 643). We are delighted that you have chosen to participate in our program(s). Our programs may be facilitated by our director, Kim Macdonald (“Kim”) or carefully chosen subcontractors.

You can find out more about us here: https://www.kimmacdonald.com.au/

These Terms of Participation apply to our Profit First and Quality Mind programs.
Our Profit First Kickstart program helps business owners, at any stage of development, to become more confident in managing their finances. Please note that this program is designed specifically for service providers, trade businesses, and those in the health & wellness industry. It is not suitable for e-commerce and import-export businesses.

Our Quality Mind program supports anyone looking to create more quality, excitement, and
enjoyment in their life.

Choose to participate in one of these programs or combine them for even greater impact. You will get the most out of our programs if you are open to new ways of doing things and considering new perspectives. You need to be ready to make a change, having tried things in the
past without getting the results you want. Our programs may not be suitable for you if you are not willing to put in the work that is required each week. You will need to prioritise your personal and professional growth and commit to moving beyond your excuses.

This document sets out the Terms of Participation that you agree to when you enrol in one or both of our programs. Please read this document carefully as it sets out important boundaries intended to help our programs run smoothly for everyone involved. When you enrol, you agree that you are over the age of 18 and willing to be bound by these Terms of Participation. If you don’t accept these Terms of Participation, you must contact us to discuss your concerns before you enrol.
If you have any questions or need further information, please contact our team: hello@kimmacdonald.com.au. We prefer contact by email or SMS to 0414842721.

Our programs are offered in compliance with Australian Consumer Law.

Program Details
The details for the specific program you chose to purchase are outlined on the sales page for that program. Important dates and call times will have been either provided on our website or discussed during a discovery call with you. These details may change over time due to unexpected circumstances or as the program evolves to meet the needs of participants. We will always try to provide you with as much notice as possible. If you have enrolled in our Profit First Kickstarter, you will have lifetime access to the pre-recorded DIY version of the program, and a monthly advanced implementation call once the program finishes. Lifetime in this context means as long as we are actively offering the program. If we cease offering the program, we will give you notice and an opportunity to download the DIY materials before the program ends. If you have enrolled in our Quality Mind program, enrolment is for just the 12 weeks at a time. You are welcome to re-enroll as many times as you like. Live calls will be conducted on Zoom. If you have not used Zoom before, you will need to download the free software to a device with video capability before our first call. Please let us know if you have any difficulty with this. You will be notified of any other preparation that is required before the program commences.
Please allow at least 2 hours per week to complete the program work – our weekly sessions last for an hour and you will need an additional hour for implementation. We ask all participants to leave your video on during calls, as it helps create a shared community with your cohort. To reduce distractions so everyone can get the most value from the call, we require that you:
● dress appropriately,
● refrain from eating during the call,
● be ready to pay attention and take notes, and
● ensure that children are supervised by another adult.

Payment Terms
Pricing for the program or combination of programs you wish to enroll in will have been discussed in our discovery call with you, and your payment options 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 this agreement. All prices are in Australian dollars and include GST. Payments are made by direct bank transfer or using Stripe – a third party payment provider. We do not have access to your account details. Any financial information you enter is subject to Stripe’s security policy.

https://stripe.com/docs/security/stripe 

Payment is required either upfront or within 7 days of receiving an invoice from us.
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.

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 must get in touch and tell us if you are having difficulties BEFORE your payment becomes overdue if you wish to avoid these consequences!

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 under these Terms of Participation,
whether or not legal proceedings are issued in relation to the debt. For the purposes of debt
collection, the email setting out your payment options is evidence of what you have agreed to pay.

Refund Policy
We do not offer a refund for our Profit First Kickstarter 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.

Mutual Responsibilities
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:
● conduct all sessions in a safe and ethical manner,
● prioritise informed consent,
● hold space for you to explore your needs,
● provide you with accountability that helps you to work towards your goals,
● deliver what we have promised with integrity,
● practice within the scope of our qualifications,
● undertake ongoing professional development, and
● make all reasonable efforts to meet a high standard of best practice.

As a participant in our programs, we expect that you will be prepared to do the work required to
make progress towards your goals instead of expecting us to do all the work for you. You will need to take a curious approach, being open to change, willing to consider suggestions and experiment with new ways of doing things. You are responsible for taking ownership of your journey. The effort you put in to your programs will directly affect the results you can achieve.
If you run into a roadblock, resistance, or any other issue, we ask that you message us immediately rather than staying stuck. We are here to support you, but you are responsible for telling us that you have a problem. Being upfront and honest about your challenges helps us to help you. You are responsible for doing any homework that is assigned to you – and there WILL be homework. You can’t choose not to implement the learning we offer, and then blame us if you don’t achieve the results you are hoping for.

Important Information
To take part in our programs, you will need to have access to Google Calendar, Google Docs, and
have a basic familiarity with using Zoom conferencing software. It can be very frustrating for everyone when there are delays because a participant is not confident with the required technology, so it is important to seek help if you need it, and ensure you have everything set up and tested in advance.

Please come to all calls prepared to take notes. We will try to ensure recordings are available, but
this is not guaranteed and should not be relied on. It can be very disruptive when people consistently show up late to calls. We understand that life happens, but we ask that you make an effort to be ready on time. When participating in calls, be mindful of other people in the group. Allow space for others to share their perspectives and avoid interrupting or taking over conversations. Be respectful at all times. Rude, aggressive, or judgmental comments will not be tolerated. We have the right to remove you from a call if we feel your behaviour is disruptive, and if the conduct is repeated, we may cancel your participation in the program.

Our mentoring is not financial or legal advice and is not a substitute for counselling or mental health therapy. It is particularly important that you get the right tax advice, and we strongly recommend you seek out your own accountant or financial adviser for full advice. At times, our mentoring may stir up buried emotions or cause you to question old beliefs and programming. You may consider making significant changes to your life or business. We only ever get a small window into your business and lifestyle. We don't see the big picture. However, the work you do with us can have larger implications. As a result, it is absolutely essential that you monitor your own needs and seek support from an appropriately qualified professional if you have any questions or concerns. Any progress you make towards your goals is dependent on a wide range of factors unique to you that are beyond our knowledge and control. As a result, we do not guarantee that you will achieve any specific results from working with us. The only exception is the money back guarantee for our Quality Mind mentoring program mentioned above under our Refund Policy. Any testimonials or results we may display on our website or in our marketing are based on our experiences and those of our previous clients. They are not guarantees that anyone else will achieve the same results.

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.

Limitation of Liability
We do not make any guarantees or warranties about the accuracy of any material supplied in our
programs, with the exception of 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 something in our materials doesn’t seem right, please let us know.

We make all reasonable efforts to ensure that our programs meet with the highest standards of best practice. However, if something goes wrong that is not a direct result of our negligence, misrepresentation or deliberate fault, you agree that, to the fullest extent permitted by law, we will not be liable for any loss, damage, illness, or injury you may suffer as a result of your participation, irrespective of whether it was foreseeable, and regardless of the nature of the claim. You take full responsibility for your implementation of any suggestions that we may make during the program.

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 making significant changes. You agree to indemnify us against all consequences arising directly or indirectly from your choices. You expressly agree that if this limitation of liability 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.

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. The materials and resources that we provide to you are protected by copyright laws and treaties around the world, with all rights reserved.

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.

Confidentiality
We may collect personal and sensitive information from you, including your name and contact details. We collect this information in our enrolment form, so we can maintain our client database, send you important information about the program and provide our programs to you. We take your right to privacy very seriously. Your personal information will be stored securely and kept completely confidential. It will not be shared with anyone or ever used for marketing. Access to your confidential information by our administrative team is on a strictly need-to-know basis and all team members are subject to strict confidentiality agreements.

We store your confidential information in accordance with our Privacy Policy, which you can find
linked in the footer of our website.
When participating in group calls or engaging with the program Facebook group, please be mindful of what information you choose to share, and always treat other participants’ privacy with the highest level of respect. Breach of confidentiality will be taken very seriously.

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@kimamcdonald.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.

General Provisions

Whole Agreement
This document comprises the whole agreement between all parties concerning the programs that we will provide and replaces any prior agreement, arrangement or understanding regarding our work together.

Variation
This contract may be amended by agreement between the parties. It is sufficient for a variation to be contained in an email exchange between you and us, where everyone expresses clear acceptance of the proposed changes.

Severability
If any part of these Terms is held to be void, illegal or unenforceable, it can be removed without affecting the validity, legality, or enforceability of any other part of these Terms.
Includes without Limitation
The word “including” or any variation of it means “including, without limitation” and shall not be
construed to limit any general statement that it follows to the specific or similar items or matters
immediately following it.

This Contract 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!