Terms and Conditions of Use

Last Updated: February 2025

Kirsten Lowis, (“I”, “we,” “us,” or “our”) welcomes and invites you to access and use the kirstenlowis.com (the “Website”) and Business Owner App (the “App”).

The following specifies the terms and conditions on which access is offered to you. You agree to these terms and conditions by using the Website or App (“platforms”). The sections below titled affect your legal rights. Please read these terms carefully before using the platforms.

We invite all visitors (“Visitors”) to access and use the platforms subject to the following Terms and Conditions, which may be revised and updated without notice. Your continued use of the platforms following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. By browsing the public areas or by accessing and using the platforms, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions and Privacy Policy, which is hereby incorporated by reference (“the Agreement”).  If you do not accept or agree to the terms, I ask that you do not access or use the platforms.

A member (“Member”, “You”) is a person who has registered with the platforms.  As a Member who wishes to purchase a product or service through the platforms, you hereby agree to the terms of the Agreement.

1. Description and Use of the Platform/s

Visitors and Members are provided access to the platforms as described below.

Visitors are people who do not register with www.kirstenlowis.com but want to explore and investigate the platform information, product, and services. Visitors can: a) view all publicly available content on the platforms; and (b) email us directly.

Members are initially Visitors who have registered, and can: (a) purchase we products and services through the platforms; (b) access exclusive content only available to Members; (c) access, manage, and update their personal membership accounts on the platforms; (d) interact, post content and approved content on the platforms; (e) sign up for all programs; (f) sign up for alerts and other notifications; and (g) participate in our online Community (“Community”).

 2. MEMBERSHIP

Access:

  • During the Membership registration process, we require you to create an account, which includes a Login (“Login”), a password (“Password”), and certain additional unique information that will authenticate your identity (“Unique Identifiers”). We request that you provide current, authentic, and complete information. 

  • Each Login and Password can only be used by the registered Member, and sharing this information with an unregistered and unauthorised person is a material breach of this Agreement.

  • You are solely responsible for the confidentiality and use of your Login, Password, and Unique Identifiers. You will promptly inform us of any need to deactivate your Login, Password, or Unique Identifier.

Billing and Payments:

  • All transactions processed through the platforms are processed in Australian Dollars (AUD).

  • You agree to pay all fees in effect when incurred, plus any applicable taxes or other charges. Fees and charges are non-refundable.

  • We (or our third-party payment processor) shall authorise your credit card, bank account, or approved facility you provide during the registration process.

  • The policy is to bill you for your purchase.

  • If you are using a payment plan for your purchase, you must provide current, complete, and accurate billing and credit card information (such as billing address, card number, expiry date, CCV) to keep your account active. Should your credit card expire, you will be required to supply new details that will take you up to the end of the agreed payment period.  We reserve the right to suspend your membership access and revoke your privileges until your outstanding payments are up to date and the Terms and Conditions of the Agreement are fulfilled.

  • The programs and memberships may automatically renew and your credit card or another payment method you provide at registration will be charged on the first day of each renewal period until otherwise terminated by us or cancelled by you, or unless the terms of a promotion state otherwise, for promotions that include “free” periods with “paid” periods, paid periods will elapse first.

  • We can cancel your membership if you are in breach of this Agreement.

  • Cancellation of Memberships will take effect at the end of the current billing period and will not result in a refund.

 Cancellations

  • For the record, any of the products that you purchase are not a subscription or “part-payment” program where you pay for access to certain modules, or a payment model that can be cancelled. A payment plan is a convenience that we offer to you for selected products and services.

Refunds

  • Our commitment is to educate and empower small business owners. We will promptly process a refund under this Agreement less any external fees subject to the following conditions:

  • Deadline to apply for Refund. You must be a registered member to be eligible for a refund.  You must submit your refund request by 5:00 pm Australian EST within fourteen (14) days of activating your membership or accessing the first two (2) Lessons. If you have accessed the Program beyond two lessons, and you feel we have under-delivered on our promise, please contact us by email before the deadline. The deadline exists because we want to encourage you to get started. Please make sure this is the right investment for you, as the refund does have a firm deadline.

  • Discretion. All refunds are within my sole discretion as to whether to grant or deny the refund request. 

3. COMMUNITY GUIDELINES (Members Only)

This Community, like any community, functions best when its Members follow a few simple rules.  By accessing and/or using the platforms, you agree to comply with our community guidelines (“Community Guidelines”) and applicable laws in your use of the platforms and will not use the Websites for any unlawful purpose.

We remind you to employ common sense when posting material and to keep your posts in the spirit of my mission to offer a worldwide forum for small business owners. Please be polite and respectful of other Members.

The following things are against rules:

  1. Do not make personal attacks.

  2. Do not use us as an advertising medium. Commercial or any other form of solicitation is forbidden.

  3. Do not repost content flagged as abuse. If you believed you were flagged unfairly, feel free to contact us.

  4. We may not be used for any illegal activity.

  5. Members may not use us to injure, threaten, stalk or harass someone.

  6. Do not post inappropriate material.

  7. Your Login, password, and unique details may not be calculated to impersonate someone or some organisation.

You will let me know about inappropriate content of which you become aware.  If you find something that violates our Community Guidelines, please contact us immediately, and we will review it.

We reserve the right, in our sole and absolute discretion, to deny you access to any portion of the platforms, without warning or notice, and to remove any content that breaches our Community Guidelines.

8. RESTRICTIONS AND INTELLECTUAL PROPERTY

The platforms are suitable and available for individuals aged 16 years or older.  If you are under the age of majority as declared by law in your jurisdiction, you should review this Agreement with your parent or guardian prior to registration.

You agree to use the platforms for lawful purposes only. You agree not to post or transmit through our site any material that (a) violates or infringes in any way upon the rights of others, (b) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or (c) encourages conduct that would constitute a criminal offence, gives rise to civil liability, or otherwise violate any law.

You agree not to upload, post, or otherwise make available on this site any material protected by copyright, trademark or other proprietary rights without the express permission of Kirsten Lowis, the owner of the copyright, registered trademark or other proprietary rights – the burden of determining that any material is not protected by copyright rests with you, the Member.

You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter any executable code, contents, or materials downloaded from or made available through the platforms.

You agree not to use book content, programs, scripts, code, or other available methods to download or view multiple pages of content on the platforms in an automated fashion. Should your account generate an excessive number of page hits in a given period, your account may be automatically frozen and will be subject to review.

You agree not to save the content available on the platforms on your hard drive or other storage devices for viewing offline unless you have purchased the right to do so through or have otherwise given you permission to do so.

You understand that such actions may subject you to serious civil and criminal legal penalties and that we may pursue such penalties to the full extent of the law to protect our rights and the rights of publisher(s), author(s), and affiliate(s).

9. PRIVACY

Please review our Privacy Policy which applies to your use of this site and is part of the Agreement.

10. PERMITTED USE

You may use the platforms for your personal or commercial purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display, performance, reposting, tampering, framing, or embedding of this site or its content or tools, or any other third-party use whatsoever of the platforms or its content or its tools, is strictly prohibited without our prior written consent.

11. PLAGIARISM AND PROHIBITED USE

You agree not to misuse the platforms to plagiarise or represent the work of others as your own.

You are not permitted to copy any portion of the platforms for distribution to others other than in the normal course of your personal or commercial purposes.

12. TRADEMARKS, COPYRIGHTS, AND OTHER INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all content and services available on the platforms are property of Kirsten Lowis and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws internationally.

13. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY SITES

We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement contained in the content available through the platforms.

Third-party sites linked to or from the platforms are not controlled by us and therefore we are not responsible for the contents or privacy policy of any linked site. We provide the links only as a convenience and the inclusion of a linked site does not imply endorsement of the site by us.

14. CONTENT POSTED TO THE PLATFORMS

Notes, comments, reviews, and other types of content posted by members on the platforms or via the closed Facebook group, YouTube Channel, Podcast or any other public forum, may be used throughout our service. By posting content, you grant (and you represent and warrant that you have the right to grant) us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully transferable, and sub-licensable right to display, use, analyse, aggregate, modify, adapt, publish, translate, transform, and create derivative works from such content.

  • You understand that we will be recording Podcasts, Live Training and Question and Answer sessions, which may include videoing, audio recording, or interviews.

  • Social Media comments and posts may be used as testimonials in marketing material. 

  • Community recordings, case studies and testimonials may then be used for the creation of educational products, or turned into online videos or audios, or used as marketing material.  You give permission for this to occur.

15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. KIRSTEN LOWIS, ITS AFFILIATES OR PARTNERS NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, AND THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE QUALITY OR ACCURACY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.
THIS SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN NO EVENT WILL KIRSTEN LOWIS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THIS SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT KIRSTEN LOWIS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

16. INDEMNIFICATION

You agree to defend, indemnify and hold us and our officers, directors, employees, agents, affiliates and partners and their respective directors, officers, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable legal fees) arising out of your use of our platforms.

No representations or warranties are made with respect to the results to be obtained from participating in the Websites or purchasing the programs and services available. No portion of our material would constitute legal, professional, personal or financial advice.

17. COPYRIGHT LAW

We respect the intellectual property rights of others and attempts to comply with all relevant laws.  We will review all claims of copyright infringement received, and remove any content which is deemed to have been published or distributed in violation of such laws.

If you believe that the platforms constitute copyright infringement, please contact our designated agent as follows:

Kirsten Lowis
PO Box 700
Townsville, Queensland 4810
AUSTRALIA
Email: inbox@kirstenlowis.com

18. ACCESS OUTSIDE OF AUSTRALIA

We do not represent that materials and content in the service are appropriate or available for use in countries outside Australia. If you choose to use the service from outside Australia, you are solely responsible for compliance with your local laws.

19. CONTROLLING LAW

This Agreement and any action related thereto will be laws of the State of Queensland, Australia without regard to Private International Law provisions.

20. MISCELLANEOUS

This Agreement is personal to you and you may not assign your rights or obligations to anyone. Any attempt to do so will be null and void.

Except as expressly agreed by us and you in writing, this Agreement constitutes the entire agreement between you and us with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.

The section headings used herein are for convenience only and shall not be given any legal import.