Website Terms.
Welcome to Little Language Matters [ABN 31183498336] and www.littlelanguagematters.com.au (our website).
We hope you enjoy browsing around. By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an "Agreement".
If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement. We may also change, suspend or stop providing our website at any time. We cannot guarantee it will always be available or secure.
YOUR OBLIGATIONS WHEN USING OUR WEBSITE
To provide correct information and comply with the law
When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information. You must also comply with the laws of South Australia and Australia when you use our website, including but not limited to, all our intellectual property and cybercrime laws. Where you access our website from outside of Australia, you must also comply with all the relevant local laws.
To only make personal and non-commercial use of our content
You agree that the copyright in all Content on our website, is owned or licensed by us. You must only use the website and its Content for your personal and non-commercial use. Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing kathy@littlelanguagematters.com.au and all trademarks on our website belong to their respective owners.
To use third party software, links etc at your risk
We provide links on our website to other sites. We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way. Any use of those sites is at your sole risk and you must direct any concerns regarding their products or services to them. We also provide access to third party apps and software to enhance the functionality of our website. We have no control over those third party apps and software, and do not make any warranties in relation to them. You use them at your own risk and you must read and agree to their terms and conditions which govern your use of them.
To not rely on any “advice”
Some of the information we provide on our website may be “business (including marketing), financial, and health“ related. It does not constitute “business (including marketing), financial, and health“ advice, and we provide this information for your general use only. It may historical information, incomplete information or it could be an opinion that is not widely held. Your personal situation has not been considered when providing the information, so any reliance on this information is at your sole risk and you should seek independent professional advice.
You must not link to our website unless you have our prior written permission. Please email us here at kathy@littlelanguagematters.com.au to seek consent.
Digital Download or Digital Product Link
Upon purchasing any digital downloads or access to a digital product (via a link) you are granted a non-exclusive, non-transferable, and revocable license to download, install, and use the digital products for personal or professional use. Periodically, without notice, we updates or improve our digital products. These updates are provided at our decisions and discretion. And while not required, accessing these updates is recommended to ensure smooth functionality.
You may not distribute, share, sell, or resell the digital products or any part of them to third parties. Modifying digital products for any reason violates Little Language Matters intellectual property rights. You agree not to reverse engineer, decompile, or disassemble the digital products, remove any proprietary notices, or use the products in a manner that violates any applicable laws or regulations.
Payments and Refunds
All sales of digital downloads are final unless stated otherwise. A refund is permitted within 24 hours of the purchase date and time, except as required by law. For issues with your download or erroneous charges, contact us at kathy@littlelanguagematters.com.au within 7 calendar days of purchase.
WE MAKE NO WARRANTIES OR GUARANTEES
We cannot represent, warrant or guarantee that:
our website will always be available, that your use will not be interrupted, or that our website is free from viruses, or
our content is accurate, complete and current.
For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at kathy@littlelanguagematters.com.au if you find any issues.
LIMITATION OF LIABILITY AND INDEMNITY
We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its content. We are not responsible for any Loss or damage suffered in connection with your use of our website, its content, any interruptions, changes, suspension or termination of our website or any events beyond our control.
You indemnify us for any Claim arising out of or in connection with any third party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.
OTHER
This Agreement is governed by the laws in South Australia, Australia. If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect. The obligations and liabilities in this Agreement survive termination. The failure to exercise our rights, or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.
DEFINITIONS
Content in our website could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.
Loss or damage means any loss or damage including, but not limited to any loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.
We, us, or our means Little Language Matters [ABN 31183498336] and includes any of our directors, officers, employees, agents, partners, contractors.
Privacy Policy
This policy outlines the way we at Little Language Matters (ABN 31183498336) collect, hold, use and disclose personal information.
WHAT PERSONAL INFORMATION WE COLLECT AND HOW AND WHY WE COLLECT IT?
What personal information do we collect?
The personal information we collect is generally limited to:
your name and contact details
your billing details
job or business information, opinions, and
any communications we have.
Further, we may also collect:
sensitive information from you with your consent, such as where we ask for information about your health, and
information about how you use our website, via third parties.
How do we collect your personal information?
The main way we collect information is when you give it to us, when we perform the services or provide a product, including via our website sign up or other forms, phone, email, when you submit comments or feedback or via social media.
However, we may also collect personal information from third parties, such as Google Analytics. This third party may use cookies, web beacons and similar technology to collect or receive information about you from our website and elsewhere on the internet.
Why do we collect your personal information?
We need your personal information to:
communicate with you in relation to your enquiry, engagement, or purchase
conduct our business, and enable your use of our website, products and services, and in some cases to
comply with our legal obligations, such as record keeping.
We also collect personal information to analyse and enhance our business operations and improve your experience with our business. This is used as statistical information to analyse traffic to our website, and to customise content and information we provide.
You can opt out of the collection and use of this information by changing your privacy settings or opting out. To opt out you can go to https://tools.google.com/dlpage/gaoptout
WHEN DO WE DISCLOSE PERSONAL INFORMATION AND HOW YOU CAN ACCESS IT?
When do we disclose your personal information?
We will take reasonable precautions to protect your personal information, including against loss, unauthorised access, disclosure, misuse or modification. We generally will not disclose your personal information unless:
you consent
it is required or authorised by law, or
it is reasonably necessary for one of the purposes for which we collect it.
We will only disclose your sensitive information for the purpose for which you gave it to us or for directly related purposes that you would reasonably expect or if you otherwise agree.
However, we do disclose your personal information where it is necessary to obtain third party services, such as analytics, data storage, payment service providers or marketing and advertising services. To protect your personal information we endeavour to ensure that our third party service providers also comply with the Australian Privacy Principles, but some third parties we use such as Google, Facebook may collect and hold personal information overseas. You can opt out of the collection and use of this information by changing your privacy settings or opting out.
How can you access or delete your information?
If you want access to your information to correct or have it deleted please email us at kathy@littlelanguagematters.com.au except where we are permitted or required by law to withhold it, we will help you. If you consider that we have breached any privacy laws please also email us at kathy@littlelanguagematters.com.au
ADDITIONAL PROVISIONS FOR EUROPEAN CITIZENS
If you are a resident of the European Economic Area (“EEA”) you have certain rights and protections under the General Data Protection Regulations (“GDPR”) regarding the processing of your personal information. We are a controller under the GDPR as we collect, use and store your personal information to enable us to provide you with our website services and information about them.
We rely on the following lawful means of processing your personal information:
where you have given us valid express consent to use your personal information we will rely on that consent, and only use the personal or sensitive information for the specific purpose for which you have given consent
where we need comply with the law, or act to in an emergency, we will rely on that lawful means of processing your personal information.
Your Rights
If you are an EEA resident, you have various rights including the right to be informed; right of access; right to rectification; right to object; right to restriction of processing; right to erasure or to be forgotten; right to data portability; and right not to be subject to automated processing. If you want to access personal information we hold about you, or ask if that the information be corrected, please contact us at kathy@littlelanguagematters.com.au
In some circumstances, you also have a right to object to or ask that we restrict certain processing activities or delete your personal information. If you would like to limit or request deletion of your personal information or exercise any other rights you can do so by contacting us. You can withdraw your consent to our collection or processing of your personal information. You can do so by contacting us at kathy@littlelanguagematters.com.au or by opting out of email newsletter communications by following the instructions in those emails or by clicking unsubscribe.
If you withdraw your consent to the use of your personal information, you may not have access to our services, and we might not be able to provide you with our services. In some circumstances where we have a legal basis to do so we may continue to process your information after you have withdrawn consent, for example if it is necessary to comply with an independent legal obligation or if it is necessary to do so to protect our legitimate interest in keeping our services secure.
Security
All personal information stored on our website platform is treated as confidential. It is stored securely and is accessed by authorized personnel only. Our collection is limited in relation to what is necessary, for the purpose for which the personal information is processed, and kept only for so long as is necessary for the purpose for which the personal information was collected. We implement and maintain appropriate technical, security and organisational measures to protect personal information against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure. We ensure the encryption and pseudonymisation of personal information and we have adequate cyber security measures in place. By providing us with your personal information you consent to us disclosing it to third parties who reside outside the EEA countries. We will ensure that those third parties are GDPR compliant.
Working Agreement
Applicable to services engaged by Kathy Rast of Little Language Matters [ABN 31183498336] ("Little Language Matters*” “LLM*” “us”/ “we”)
You as the Client or Customer as further described in the Schedule (“the Client/Customer”/”you”/”your”)
(1) THE PURPOSE OF THE AGREEMENT
1.1 We have this agreement to formalise consulting services (“Consulting”) we will be providing.
1.2 This Agreement starts on the Commencement Date and terminates in accordance with clause 10.
(2) THE CONSULTING WE WILL PROVIDE
2.1 We will perform the Consulting required with due care, skill and diligence.
2.2 The Consulting will be performed personally by Kathy Rast.
2.3 We agree to:
(a) for the duration of the session (including out-of session Consulting) keep you informed
(b) keep any documents you provide secure and, where agreed prior return or delete your documents at the termination of this Agreement
(c) at all times keep all your Confidential Information confidential, and will also not divulge the fact we are in a consulting relationship unless you do; in which case we will confirm as such, and
(d) at all times comply with our privacy policy, details of which you can find on our website.
(3) YOUR OBLIGATIONS
3.1 You must provide all information we request in order for us to perform the Consulting.
3.2 You represent and warrant that:
(a) all information you provide is true, correct, current, and to the best of your knowledge
(b) you have adequate technology set up, including internet access. to enable us to conduct any conferences that will be performed online.
3.3 You must attend the scheduled time, and participate fully during each consulting meeting with accountability, honesty, integrity and respect for us and the process. You must respect and nurture the safe structure of the space we facilitate during our session.
3.4 You acknowledge and agree:
(a) that you are required to provide transparent and accurate information during each session
(b) to properly participate in the session by following our instructions
(c) to do any tasks that are determined and agreed in each session
(d) that we cannot guarantee results, and they are dependent on your implementation, and goals may be reset anytime during the session, and
(e) that you must be on time to the session; any late attendance will result in the session ending at the scheduled end time (i.e., the session will start and end at the scheduled regardless of your arrival time).
(4) THE FEES YOU NEED TO PAY
4.1 All servieces are required to be paid in full withing 7 days of the session start date.
4.2 All digital products are to be paid at the point of sale (aka in the online checkout).
4.3 All online subscriptions are to be paid monthly through automated deduction.
4.3 Where a payment service or product is not received as per the payment terms above, then a future session may not be booked until any outstanding payment has been received.
(5) RELIANCE ON CONSULTING
5.1 Whilst we take care to ensure that we provide the best advice possible, our Consulting are not a substitute for professional marketing or branding design advice, financial advice, or health advice.
5.2 You must consider, during the performance of the Consulting, whether or not our advice is appropriate to meet your needs.
5.3 We are not your financial advisors or accountant, and any reliance on the information we provide is at your sole risk. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on this advice. For example, do not use any financial information to make an investment.
5.4 We are also not medical doctors, psychiatrists or psychologists, or qualified social workers or counsellors. We strongly recommend that you obtain independent professional health advice before you make decisions or take steps that rely on any health or medical information we may provide. We will not include any diagnosis of any form. For example, do not use any health information to treat any mental disorder or disease.
5.5 We are not trained designers and any reliance on the information we provide is at your sole risk. We strongly recommend that you obtain independent professional advice before making any decisions or taking steps towards reliance on this advice. For example, do not use any graphic designs created together an meeting industry standard.
(6) CANCELLATIONS, RESCHEDULING AND REFUNDS
6.1 For services:
(a) You may request reschedule or cancel up to 24 hours prior to your session start time.
(b) We cannot guarantee that if you are unable to attend your booking time, or at the time as prior agreed, we will be able to reschedule.
(c) Where you cancel without providing the Minimum Period of notice (24 hours), a Cancellation Fee may require payment before booking a new session.
(d) To the extent permitted by law, any refunds for any cancellations of the services are at our absolute discretion.
(e) We may not provide refunds for your change of mind, where you failed to provide us with adequate information or clearly explain your needs, or where you have failed to act on our instruction.
6.2 For digital and physical products:
(a) We comply with the Australian Consumer Law and provide refunds where required.
(7) THE AUSTRALIAN CONSUMER LAW
7.1 You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law in the Competition and Consumer Act 2010, including, but not limited to, consumer guarantees that the Consulting are delivered within a reasonable time and with acceptable care and skill.
7.2 If you believe we have breached your consumer guarantees, please contact us and we will comply with the law.
(8) INTELLECTUAL PROPERTY AND PUBLICITY
8.1 We own or have a license to use all Intellectual Property Rights in any materials we may provide you throughout the performance of the Consulting. You must not use our materials for any purpose other than your sole personal, business or career development. Any materials we provide you must not be reproduced or resold without our prior written permission which will be given at our absolute discretion and will be the subject of license fees.
8.2 From time to time, we may request to use any photos, videos and testimonials you provide to us for marketing and information purposes, or publications, exhibitions and professional awards identifying you and/or your business by name.
8.3 With verbal or written consent, you permit us to use any quotes or outcomes in our marketing and information purposes, or publications, exhibitions and professional awards without specifically identifying you by business name or your name.
8.3 We may also make recordings of training videos that will be used on our website, workshop or online advertising. Where we take photos or videos of you, we will seek your prior written consent to use them.
8.4 You must seek our prior written consent before any publication of information about our Consulting.
(9) LIMITED LIABILITY AND INDEMNITY
9.1 The terms in this Agreement that exclude or limit our liability will apply only to the extent permitted by law. Provisions of the Australian Consumer Law and other statutes from time to time in force cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent.
9.2 This Agreement must be read and construed subject to any such statutory provisions. If any such statutory provisions apply, then to the extent to which we are entitled to do so, our liability under those statutory provisions will be limited, at our option to:
(a) the replacement of the services or the supply of equivalent services; or
(b) the payment of the cost of replacing the services or of acquiring equivalent services.
9.3 You agree and acknowledge that we are not liable for any Loss or damage which may result from the Consulting. This includes, but is not limited to any loss, personal injury, death, negligence, loss of profits, revenue, salary, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our Consulting.
9.4 In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice or online payment.
9.5 You acknowledge, agree and undertake that you shall be the legally responsible party for any conduct by you in respect of any legal proceedings and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in using our Consulting, any third party claims.
(10) TERMINATION
10.1 We may either suspend the Consulting, or terminate the Consulting where:
(a) we are unable to agree on required actions during the session
(b) you fail to act on our instruction, or
(c) we become aware that there is, or may be a conflict of interest
(d) when additional Consulting are requested, or additional Information changes the scope of the services.
10.2 We may also, at our option and without prejudice to any of our rights, immediately terminate this Agreement where you default on any of our invoices, breach this Agreement, or commit an act of bankruptcy. We may also immediately terminate this agreement where we determine, in our discretion, that you need more qualified assistance.
10.3 Upon termination, you must pay to us all accrued Fees owing up to the date of termination.
10.4 Clause 6, 10, 11 and 12, survive termination of this Agreement.
(11) IF THERE IS A DISPUTE
11.1 If at any time any aspect of the Consulting are not reasonably acceptable to you or we disagree on the quality or substance of the Consulting you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns.
11.2 If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
11.3 In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
(12) THE GOVERNING LAW AND OTHER MATTERS
12.1 This agreement completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties in respect of its subject matter.
12.2 This Agreement may not be modified or amended except in writing signed by both parties.
12.3 If any Consulting have been provided by us before the data of signing of this Agreement, the parties agree that this Agreement applies retrospectively.
12.4 The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision.
12.5 In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect.
12.6 This Agreement must not be transferred or assigned without the prior written consent of the other party.
12.7 This Agreement is governed by the laws from time to time in force in the state of South Australia, Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of South Australia, Australia for determining any dispute concerning this Agreement.
DEFINITIONS
Agreement means these terms and conditions, and the Schedule including the Proposal and Our Fees.
Claim means any claim under statute, tort, contract or negligence, any demand, awards or costs.
Confidential Information means any sensitive personal information and/ or any of your including but not limited to personal information as defined under the Privacy Act 1988 and any sensitive business information, including any business staff and system knowledge.
Information means any information you provide to us during the Consulting.
Intellectual Property Rights means all trademark, copyright, design rights, patents, trade secrets, confidential information and all other intellectual property rights whether registered or unregistered.
Loss and damage means any direct, indirect, consequential or incidental loss or damage, including but not limited to any personal injury, disability and death.
All other capitalised terms are defined in the Schedule.