Terms & Conditions

Issue no: 1

Issue date: 10 Oct 2020

1. Introduction

Hello and welcome! This website, https://www.melindakitto.com/, is owned and operated by Melinda Kitto ABN: 98 508 950 017. If you have any questions or need further information, please email us at: customerservice@melindakitto.com.

This document sets out the Terms and Conditions you need to be aware of when using this website or purchasing from me. Please take a moment to read them, as they set out your important rights and obligations and I care about making sure we both know where we stand.

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

These terms 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 service provided to you in relation to my services. If there is inconsistency between this document and those specific terms of service, this document is overruled to the extent of any inconsistency.

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

2. Website Content Disclaimer

On this website you will find blog posts, videos, training guides and pdfs. This information is provided solely for your education, professional growth and business development.

2.1 Content Policy

I take lots of care to provide valuable information, but I cannot be responsible for the use that you make of that information. Please be aware that the generalised information I provide is not a substitute for specialist advice tailored to your individual circumstances. There is no professional relationship formed by your visit to my website unless you explicitly choose to work with me by purchasing my services or products. Any testimonials or promised results I may display on this website are based on my experience and those of my previous clients. They are not a guarantee that anyone else will achieve the same results.

While I take all reasonable care to ensure that information I provide is accurate, relevant and up-to-date, I make no guarantees in this regard and disclaim any legal liability for any inaccuracy, incompleteness or error. If you find something that seems problematic, it would be very helpful if you let me know!

I may modify the content provided on this website at any time, including altering or deleting it without notice. Where you have paid for ongoing access to course content, it is intended for that content to remain available for the foreseeable future. If it is going to be archived for any reason, I will offer you an opportunity to download the content you have paid for before it disappears.

2.2 Visitor Responsibilities

It is always important to be discerning about any information you find on the internet, including what I provide. You are solely responsible for any decisions you make or actions you take, and the consequences of those actions and decisions.

Please make sure you use your own judgement, conduct your own research, consult appropriately qualified professionals, and make fully informed decisions, so you can take what works for you and leave what does not.

2.3 Downloads

While I take every care to ensure my content is safe when it is uploaded, I am not responsible for viruses, other technologically harmful or malicious material or any other damage which might occur as a result of downloading material from my site. Please be careful to protect yourself by maintaining adequate and up to date internet security.

2.4 External Links

I may post links to other internet sites and references to information I believe to be relevant and useful. I have no control over and am not responsible for the content of any other website or any opinions expressed by others. If you find any broken, dead or inappropriate links, I always appreciate you letting me know.

2.5 Affiliate Offers

From time to time I may share promotions for businesses with whom I have an affiliate relationship. I may receive a benefit if you choose to make a purchase using my affiliate link. However, any transaction is entirely between you and the business you purchase from. I have no control over and am not a party to that transaction. Please make sure you familiarise yourself with the terms and conditions of the business you are purchasing from.

3. Disclaimer for my Product & Services

I provide marketing, messaging and copywriting services to help you to nail your marketing message so you can stand out online and sell your offers with ease.

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

I offer:

Informative guides and worksheets
A range of online self study courses
High level group coaching to help you implement the concepts you learn in my courses
1:1 coaching, assisting with strategic messaging for funnels and course launches

My intention in offering these products and services is to give you the foundational tools needed to attract the right clients and grow your online business. A lot of people skip over these foundations as they are eager to get to the fun stuff, but by paying attention to the principles of good marketing, you put yourself in the best position to grow a profitable business. My focus is on helping you build the skills you need to attract clients you love for a business that supports your unique goals and your desired lifestyle.

3.1 My Qualifications and Responsibility

I have an MBA and an extensive career working in Learning & Development, Marketing and Operations as well as real world practical experience in the digital marketing space. I've always had a fascination with how to use words to get results.

I engage in ongoing continuing education to refine my skills and knowledge, and to keep up to date with current marketing trends. I strongly believe in the importance of investing in improving my own business skills and acumen so that I can bring you the latest in best practice.

3.2 Your Responsibility

If you are considering working with me, I strongly encourage you to do your own due diligence and make a fully informed decision about whether I am the best mentor or coach for your needs. It is important that you understand that you will need to be actively involved in doing the work for yourself. There is no magic marketing wand that can whip the perfect promotion into existence, and if there were, you probably wouldn’t need to work with me. You need to discover your own message and your own brand voice. It is YOUR message you want to share with the world, and my guidance can only help you uncover what it is that YOU want to say... but hopefully in a much more juicy and compelling way.

3.3 Important Information

As with anything new, you will find that some parts of working with me or taking my courses will feel easy, while others will be rather challenging. It is easy to want to give up when you get to the challenging parts, particularly in the early stages. You will need to trust me and hang in there, because when you put the effort in to laying strong foundations, everything that follows becomes so much easier.

My advice is my opinion. It is based on my own experience and what I have observed from previous clients but it is not an ironclad order that you need to follow, and if you do choose to follow it, none of us can predict what the response will be. It is not helpful for your business if you go into victim mode and complain “but you told me I should do X or say Y and it didn’t work”. Messaging is an ongoing process of exploring, testing, tweaking and refining until you get to what works. Sometimes you nail it first go, sometimes it takes a couple of iterations with feedback from your audience to figure out what will resonate with them. Throughout the process it is important that you stand in your own power by focusing on finding your own voice and making decisions that align with your personal and professional values and vision.

I am not a lawyer, accountant or financial advisor. None of the information I provide is a substitute for relevant professional advice, even if it seems to touch on any of these areas. If any concerns arise, and before making major decisions about your business, it is important that you consult with an appropriately qualified professional.

It is your responsibility to educate yourself about copyright issues and be committed to seeking your own unique voice rather than stealing words from other businesses. Doing so not only exposes you to potential legal action, it undermines your own self-esteem and confidence in your business. Similarly, it is essential that you respect the confidentiality of other participants in group coaching and courses. Information and trade secrets shared on calls or in a private Facebook group must not be disclosed or used in any way without express permission.

You will get the most out of working with me if you are a service based entrepreneur. I work mainly with coaches, consultants, course creators, and online service providers who are looking for their unique voice. They know they offer an amazing service but struggle with how to articulate their offer in a way that makes other people want it. That’s where my zone of genius kicks in.

We are not going to be a good fit if you’re looking for a “get rich quick” scheme that doesn’t require any effort or you don’t really have any special skills or knowledge that you can translate into a unique service that people would want to buy. Working with me also requires a positive, willing attitude. Neither of us will enjoy the process, and you won’t get much advantage if you’re totally set in your ways and aren’t open to feedback to help you improve. If you tend to give up at the first sign of a challenge, or if you have an “I know this already” mentality that prevents you from exploring how you could do things better, save us both the frustration and look elsewhere for marketing support.

Since my focus is primarily on selling services, if you have a product based business or MLM, a program that specifically addresses marketing strategies for products will be a better investment of your time and money.

4. Intellectual Property

4.1 Copyright

You may not copy or reproduce any part of my content without my written consent. Commercial exploitation of my content in any way that competes with my business is strictly prohibited.

You are welcome to share blog posts or other publicly available content through social media, but you must provide a link back to this website and openly credit me as the author of the content.

You may link to my home page, provided you do so in a way that is fair and legal and does not damage my reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on my part where none exists.

If you are a student participating in my training, course content may be printed or downloaded to a local hard disk for your professional development use only. You must not provide my course content to anyone else under any circumstances.

4.2 Trade Marks

I claim ownership of the name OMG I need that™ as an unregistered trade mark. This name may not be used in connection with any other product or service without a licence, or in any way that is likely to cause confusion in the marketplace, or in any manner that disparages me or my business.

5. Payment Terms

I accept payment through Stripe and Paypal. For 1:1 consulting, you may request to pay by direct deposit.

Payment is generally required in advance. Payment plans are offered for courses, and details may be found on the sales and checkout pages. If you choose take advantage of a payment plan, please note that even though the payment plan gives you the convenience of spreading your payment over time, you remain committed to paying the whole amount, even if you choose not to complete the course, as you have been granted access to all of the course material.

6. Delivery

Courses are delivered through an online membership portal which provides videos, audios, and worksheets for you to consume at your own pace.

Group calls are held using Zoom or similar online conferencing software. I also provide live training in private FB groups for course students.

All consultations and coaching calls take place on Zoom or an equivalent program.

PDF products are downloaded directly from my website.

7. Appointment Policies

Bookings for 1:1 consultations are made through Acuity. You will be provided with a confirmation email and a link to reschedule or cancel your appointment. Please respect my time and provide at least 24 hours’ notice. Your payment may be forfeit at my sole discretion for cancellations made within 24 hours of the appointment time.

All group calls are recorded, with access to the recording through the course portal or FB group. If you are unable to attend a scheduled call, you can submit your questions ahead of time.

8. Refund Policy & Consumer Guarantees

There are strictly no refunds for change of mind unless an alternative policy is clearly stated on the specific sales page, so I encourage you to carefully consider whether a purchase is right for you before you make your payment.

If you experience any technical issues with the delivery of course materials or downloading PDFs, please contact customerservice@melindakitto.com so we can help you resolve the problem.

If you feel that there is a major problem with a product or service you have purchased from me, please let me know as soon as possible. I am keen to understand what has gone wrong if you are unhappy so that I can address your concerns and try to find a mutually acceptable solution. I take my obligations under Australian Consumer Law seriously and will do my best to address any issues that arise.

8.1 Waiver of Liability

I do not make any guarantees or warranties about the accuracy of any material displayed on this website or in my coaching or courses, with the exception of any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law. I am human and errors creep in despite the best of intentions. If you find something that doesn’t seem right, please let me know.

While I make all reasonable efforts to ensure that my services and products meet with the highest standards of best practice, if something does go wrong that is not a direct result of my negligence or deliberate fault, you agree that, to the fullest extent permitted by law, I will not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of my website, any products or services purchased through it, or any material posted on it, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

In any event, you expressly agree that my total cumulative liability for all causes of action of any kind is limited to the amount that you have paid to me for the product, course or service.

9. Respectful Communication

I reserve the right to delete any comments on my website, social media accounts, Facebook groups or course portals which is rude, offensive or which I deem to be unacceptable. Keep it polite and play nicely, please!

If I invite other experts and business consultants to write guest blogs or collaborate with me, I am not responsible for their opinions or the content they share.

10. Dispute Resolution & Jurisdiction

If you have any concerns, issues or complaint arising out of your use of this website, my products or services, or these terms and conditions, you agree to communicate with me with the intention of making a genuine effort to seek a win/win solution, and trying to resolve the dispute through negotiation and discussion.

If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an independent accredited mediator, seeking online dispute resolution or mediation by telephone if we are not both in NSW, Australia.

The mediator is to be appointed by agreement between us or, failing agreement within 21 days of the negotiation period ending, the person initiating the dispute will seek the appointment of a dispute resolution professional by the President of the Law Society of NSW.

We agree to share all the costs of mediation equally between us.

We agree that neither of us will commence legal action until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

We both agree that we shall not publicly or privately disparage each other or anyone connected with the other’s business, but rather shall act in good faith to refrain from any conduct or communication which might reasonably be expected to negatively interfere with each other’s business or personal interests.

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

With all that said, I hope that you find the contents of this website and my courses to be extremely valuable in mastering your message and growing your online business. If you choose to invest in my courses or services, I look forward to working with you.