Kay Ridge is a LinkedIn marketing service organisation that provides LinkedIn marketing strategies In order to provide you with the best user experience and protect your interests, especially when engaging with our Services, we require all users of the Site and/or App to comply with the following Terms of Use and the Privacy Policy.
Agreement
1. The following terms and conditions set out how Westwood 1988 Pty Ltd, trading as Kay Ridge ABN 78 151 098 752 of 43 Macadamia
Drive, Maleny Qld 4552, operates and the manner in which you must engage with us if you choose to engage with us. It applies to our website
(www.kayridge.com.au, www.kayridge.co.nz www.dashsocial.com.au) and all related websites, applications, Services and tools (“Site &/or
App”).
2. By visiting or using the Site &/or App, you agree to be bound by these Terms of Use and our Privacy Policy, and any
other terms and conditions, notices and disclaimers displayed elsewhere on the site relating to your use of the Site &/or App ("Terms of
Use"). You must be over 18 years of age to use any of the above websites or have express parental/guardian consent, whereby your
parent/guardian is also agreeing to abide by our policies and terms and indemnify us for your or their breach of any policies or terms.
3. We may change the Terms of Use at any time. If we do, an amended version of the Terms of Use will be posted on the Site
&/or App. You are responsible for ensuring that you regularly review the Terms of Use, and your continued use of the Site &/or App
after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes. If you object to any changes
to the Terms of Use or otherwise become dissatisfied with your membership of or engagement with our Services, the Site &/or App, your
only remedy is to immediately discontinue your use of our Services, the Site and/or App and/or terminate your engagement with our Services
in accordance with the Terms of Use.
Services and Features
4. When engaging in our Services as they are currently provided, you will be required to enter into a Client Supplier Agreement with us that specifically details what Services you will be paying us to deliver, that that includes and excludes, and the terms on which those Services will be delivered to you. In the event the agreement with us expires, you agree that the same terms will apply on a month-to-month basis until either you or we terminate our provisions of the Services.
5. Where a Client Agreement has not been entered into or provided at any time but, you continue to use the services without entering into that Client Agreement, our relationship will be treated as though you have accepted all terms of the Client Agreement in full and your actions in proceeding with the Services and/or making payments and/or giving instructions, will be evidence of your acceptance of the terms of the Client Agreement.
6. We will require your first name, last name, business entity details, address, phone number and email address, so we can contact you in relation to our Services and confirm that any information you provide will be treated strictly in accordance with our Privacy Policy.
7. We will charge you fees for our Services as detailed on the Website &/or App or in any Client Agreement we enter into with you, and you will also be responsible for any fees charged by the third-party vendor engaged in taking payments.
8. We reserve the right to change these fees from time to time without notification to you, and you are solely responsible for reviewing the Pricing on the Website, or whatever you have agreed to in the Client Agreement which takes priority over any pricing on the Website, as your ongoing use of the Services is deemed acceptance of the pricing that applies at that point in time (or in the Client Agreement as the case may be).
9. We do not offer payment plans, however we may in our sole discretion engage with a vendor such as Afterpay through which you would be able to use a payment plan at your own risk and expense. We will not be responsible for your financial position and will not cover any costs involved or added to the cost of our Services as a result of your requirement to use a payment plan with a third party, or dishonour fees or interest charged.
10. To the extent permitted by the Australian Consumer Laws and any other relevant law, we do not warrant that the Services will be fit for purpose or of a particular quality. You are responsible for providing us with clear instructions on your business, marketing needs, budget, industry specific requirements and restrictions and your target market so that we can use best endeavours to provide a Service that may provide you reasonable results.
11. We do not facilitate refunds for change of mind, for your failure to get the proper approval within the business in which you are working (if applicable), to engage with our Services or for any other reason excluding those required by law.
12. Additional terms and conditions relating to any future features and services (including pricing for any future chargeable services) will be made available on the Site &/or App. Any such additional terms and conditions form part of the Terms of Use and your ongoing use of the Site &/or App will be deemed acceptance of the most recent version of the Terms of Use including any modification or additions thereto.
13. Should we choose in the future to implement a chargeable service or feature, we reserve the right to change the pricing for any chargeable service or feature on the Site &/or App at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of the Site &/or App and terminate your engagement in accordance with the Terms of Use.
14. In the event of unusual activity, we reserve the right to suspend your account temporarily or permanently, and contact you, or any other relevant third party to report such unusual activity. You agree to work with us to determine the cause for the unusual activity and assist us if necessary and requested to report on and resolve the issue.
15. While we use reasonable endeavours to ensure that the Site &/or App are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the Site &/or App may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.
16. We reserve the right to change or discontinue any service or feature of the Site &/or App in whole or in part any time.
17. Where you believe there is an issue in the Service/s you have purchased or they are significantly different to what you were anticipating from our marketing and/or information provided on our Site &/or App, you agree to contact us to discuss the situation so that we can reach a suitable outcome in compliance with the Australian Consumer Laws, and not write a review or speak negatively about Kay ridge or Dash Social or our Services, without first honouring our right under the Australian Consumer Law to correct the issue.
Online Payment Processing
18. Given payments are processed by a third-party provider not by us, please note that we do not store your credit card details – this is all stored in the payment gateway or facility provider’s system, therefore when entering your financial details, you are agreeing to the terms and privacy policy of that third party provider and hold us harmless for any issues relating to your interaction with that vendor. We cannot delete any information you provide to the third-party provider or invoices generated by them, as this data is not within our control.
19. We will not store any of your financial data such as passwords or credit card numbers on our website or in our systems – if you provide such details to Stripe or any other the third party payment facility service provider, they will be wholly responsible for appropriate storage of your data and you hold us harmless for any loss or damage you may suffer as a direct result of your use of that gateway or facility.
20. We will use best endeavours to provide a third-party payment facility that is reasonably priced, secure and easy to use however we cannot warrant their services and we reserve the right to change the third-party payment facility service provider at any time with no notice to you.
Use of the Site &/or App and Prohibited Activities
21. You agree not to use the Site &/or App or any of our social media applications, or in any forum where we are active (or contact any other member of our Site &/or App) to:
22. You also agree not to:
23. Unauthorised framing / linking to the Site &/or App is prohibited.
24. We have no obligation to monitor any User’s engagement with our Site &/or App, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request and ensure any User is acting in strict accordance with these Terms of Use and the Privacy Policy.
Intellectual Property
25. We (or one of our subsidiaries/associates) own and retain all proprietary rights in and relating to the Site &/or App and our Services. Proprietary rights in and relating to the Site &/or App must not be used in any way without our prior written consent.
26. Any logos, brand look and feel, copyright and trademarks you provide to us will remain your sole intellectual property to the extent that such materials are not already owned by a third party. Any designs or intellectual property we create for you will be treated in accordance with the terms of the Client Agreement.
27. You warrant that any content that you post or transmit on the Site &/or App, or otherwise transmit to any other member of our Site &/or App by any means whether on social media applications or any forum online or in person, will not infringe the intellectual property rights of any third party.
28. Subject to our obligations under Privacy Policy you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your designs and any content posted on our social media applications or any forum online or in person when speaking about our Services or Kay Ridge in any capacity whether directly or indirectly, and for any purpose. You warrant that you have the right to grant us such rights.
29. No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any content posted or transmitted on our Site &/or App, or otherwise transmitted to any member of our Site &/or App, other than their own content, without our express written permission.
30. If you believe that any content has been posted or transmitted on the Site &/or App, or otherwise transmitted to any member of our Site &/or App by any other means, in violation of your rights, please send an email via the Contact Us page.
External Activities
31. From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions, or other activities that may be conducted offline and may be conducted by third parties (“External Activities”).
32. External Activities may be subject to separate terms and conditions. You acknowledge that you participate in any External Activities entirely at your own risk.
33. In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost, or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.
34. In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.
Third Party Websites, Apps and Integrations
35. From time to time, the Site &/or App may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Site &/or App and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third-party websites, you leave the Site &/or App entirely at your own risk.
36. From time to time, the Site &/or App may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products, or services.
Limitation of Liability and Indemnity
37. You acknowledge that you use the Site &/or App at your own risk.
38. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Site &/or App or our social media pages, or any other members' or third-party suppliers’ use of or conduct in connection with the Site &/or App or our social media pages, in any circumstance.
39. You agree to indemnify us for any loss, damage, cost, or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site &/or App or our social media pages, including any breach by you of the Terms of Use.
40. To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your use of the Site &/or App. In particular, we do not make any representations or warranties that the Site &/or App will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the Site &/or App.
41. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable Service or feature on the Site &/or App purchased by you during the term of your membership.
42. In no circumstances will we be liable for any indirect, punitive, or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
Termination and suspension
43. You may terminate your membership of the Site &/or App for any reason only by providing written notice to us. You can provide notice of termination by:
44. Upon receiving your request to terminate your account, we will raise a support ticket to manage this process and anticipate it will be completed within 30 days of receipt of your request.
45. We reserve the right to, without limitation, do any or all, of the following in relation to your membership:
46. Any refunds of paid amounts for courses will be at the discretion of Kay Ridge and will not be automatically refunded.
General
47. No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Site &/or App.
48. The Terms of Use represent the entire agreement between you and us regarding your use of the Site &/or App. No other discussion, agreement, understanding or representation will be relevant unless it is specifically addressed in these Terms of Use, the Privacy Policy or any update to either in the future.
49. If any provision of the Terms of Use is held to be invalid, that provision may be severed such that the remainder of the Terms of Use shall continue in full force and effect.
50. You agree that the Terms of Use will be governed by the laws of Queensland.
Last updated Monday 21 November 2023.