WEBSITE TERMS OF USE
The following Terms of Use are entered into by and between You and Kim Foo. (“Company”, “we”, or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Kimfoo.com, including any content, functionality and services offered on or through Kimfoo.com (the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.
CHANGES TO THE TERM OF USE
We may revise and update these Terms of Use at our discretion. Any changes will take effect immediately upon posting on the Website and will apply to all subsequent access and use of the Website. By continuing to use the Website after the revised Terms of Use have been posted, you acknowledge and agree to the updated terms. It is your responsibility to review this page periodically to stay informed of any changes, as they will be binding on you.
PRIVACY
Your use of the Website is also governed by the Company’s Privacy Policy. We encourage you to review the Privacy Policy, which outlines our data collection practices and how we handle your information. By using the Website, you acknowledge and agree to the terms of the Privacy Policy, which is incorporated into these Terms of Use.
DISCLAIMER
Your use of the Website is also governed by the Company’s Disclaimer. We encourage you to review the Disclaimer, which outlines important limitations regarding the information provided on the Website. By using the Website, you acknowledge and agree to the terms of the Disclaimer, which are incorporated into these Terms of Use.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend the Website, as well as any services or materials provided on the Website, at our sole discretion and without prior notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. Occasionally, we may restrict access to certain parts of the Website, or the entire Website, for users, including registered users.
To access the Website or certain resources it offers, you may be asked to provide specific registration details or other information. It is a condition of your use of the Website and any resources downloaded from it that all the information you provide is accurate, current, and complete. You agree that any information you submit to register or interact with the Website, including through any features, will be governed by our Privacy Policy. You consent to our handling of your information in accordance with the Privacy Policy.
If you are provided with a username, password, or any other security information as part of our security procedures, you must treat such information as confidential. You agree not to disclose it to any other person or entity. Your account is personal to you, and you agree not to allow any other person to access the Website or any portions of it using your username, password, or other security credentials. You agree to notify us immediately of any unauthorized use of your username, password, or any other security breach. Additionally, you agree to ensure you log out of your account at the end of each session. We recommend exercising caution when accessing your account from a public or shared computer to prevent others from viewing or recording your password or personal information.
We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, for any reason, or for no reason at all, including if we believe you have violated any provision of these Terms of Use.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
As detailed in the Disclaimer, the information provided on this Website and the resources available for download are intended solely for educational and informational purposes. The content on this Website, including downloadable resources, is not intended to serve as, nor should it be interpreted or relied upon as, legal, financial, tax, medical, health, or any other professional advice.
ACCURACY AND PERSONAL RESPONSIBLITY
As outlined in the Disclaimer, we strive to ensure that the information provided on this Website and the resources available for download are accurate and valuable. However, we cannot guarantee the accuracy of the content. Neither the Company nor any of its owners or employees shall be held liable for any errors or omissions on the Website or for any damages you may incur as a result of failing to seek professional advice from someone knowledgeable about your specific situation.
By using this Website, you accept full responsibility for the outcomes of your actions. You agree to take full accountability for any harm or damage that may result from using, or failing to use, the information or resources available on this Website. You also agree to exercise sound judgment and conduct thorough due diligence before taking any actions or implementing any recommendations or strategies suggested on this Website.
NO GUARANTEE AS TO RESULTS
As stated more fully in the Disclaimer, you acknowledge that the Company has not made any guarantees regarding the outcomes of any actions, whether recommended on this Website or not. The Company offers educational and informational resources designed to assist users in achieving success. However, you understand that your success or failure ultimately depends on your own efforts, your specific circumstances, and a variety of factors beyond the Company’s control or knowledge.
You also acknowledge that past results do not guarantee future outcomes. Therefore, the results achieved by others—whether clients of the Company or otherwise—using the principles outlined on this Website do not guarantee that you or any other individual or entity will achieve similar results.
EMAIL AND OTHER ELECTRONIC COMMUNICATIONS
By visiting the Website or sending emails to the Company, you engage in electronic communications. You consent to receive communications electronically and agree that all agreements, notices, disclosures, and other communications we provide to you via email or on the Website satisfy any legal requirements that such communications be in writing.
We are happy to communicate with you by email, and there are several places on this Website where you can send electronic messages to the Company. However, please note that sending such an email or other electronic communication does not establish a business or contractual relationship. As outlined in our Privacy Policy, we will take reasonable steps to ensure the confidentiality of your communications, but we cannot guarantee their security or that they will not be disclosed due to a court order.
USE OF COMMUNICATION SERVICES
The Website may offer bulletin boards, chat areas, newsgroups, forums, communities, personal web pages, calendars, blog comment sections, and other communication platforms (collectively, "Communication Services") designed to allow you to interact with the public or a specific group. By using any Communication Service, you agree to post, send, and receive messages and materials that are appropriate and relevant to that particular service.
By way of example (but not limited to), you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten, or violate the legal rights (such as privacy and publicity rights) of others;
Publish, post, upload, distribute, or disseminate any content that is inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful;
Upload files that contain software or materials protected by intellectual property laws (or privacy rights) unless you own the rights or have received all necessary consents;
Upload files that contain viruses, corrupted files, or software that could harm another user's computer;
Advertise or offer goods or services for sale, unless specifically allowed by the Communication Service;
Conduct or forward surveys, contests, pyramid schemes, or chain letters;Download files posted by others that you know (or reasonably should know) cannot be legally distributed;
Falsify or delete author attributions, legal notices, or proprietary labels in uploaded files;
Restrict or inhibit others from using and enjoying the Communication Services;Violate any applicable guidelines, conduct codes, or laws.
While the Company has no obligation to monitor the Communication Services, it reserves the right to review materials posted and remove any content at its sole discretion. The Company also reserves the right to terminate your access to any or all Communication Services at any time, without notice, for any reason.
The Company may disclose any information as necessary to comply with applicable laws, legal processes, or governmental requests, or to edit, refuse to post, or remove any content, in part or whole, at its sole discretion.
Please exercise caution when sharing personally identifiable information in any Communication Service. The Company does not control or endorse the content, messages, or information shared through these services and disclaims all liability related to the Communication Services and any actions resulting from your participation. Managers and hosts of the Communication Services are not official spokespersons of the Company, and their views may not reflect those of the Company.
Materials uploaded to a Communication Service may be subject to specific usage, reproduction, and dissemination limitations. You are responsible for complying with these restrictions if you upload any materials.
MATERIALS PROVIDED TO THE WEBSITE
The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input, or submit to any part of the Website or its associated services (collectively, “Submissions”). However, by submitting your Submission, you grant the Company, its affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their online businesses. This includes, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission, and to publish your name in connection with your Submission.
No compensation will be paid for the use of your Submission as outlined herein. The Company is under no obligation to post or use any Submission you provide and may remove any Submission at its sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission, you represent and warrant that you own or control all rights to your Submission, including the rights necessary to provide, post, upload, input, or submit the Submission.
LINKS TO THIRD PARTY WEBSITES AND SERVICES
The Website may contain links to third-party websites ("Linked Websites"). These Linked Websites are not under the control of the Company, and the Company is not responsible for the content of any Linked Website, including but not limited to any links contained within a Linked Website, or any changes or updates to such websites. The Company provides these links for your convenience, and the inclusion of any link does not imply endorsement by the Company or any association with the operators of the Linked Websites.
Certain services offered on the Website are provided by third-party websites and organizations. By using any product, service, or functionality originating from the Website, you acknowledge and consent to the Company sharing relevant information and data with third parties with whom the Company has a contractual relationship to provide the requested product, service, or functionality to users and customers of the Website.
USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL
The Company offers various courses, programs, and related materials for sale on this Website. Upon purchase, the Company grants you a limited, personal, non-exclusive, non-transferable license to use the courses, programs, and materials (collectively, the "Courses") for your personal use or internal business purposes. Unless otherwise stated, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works from, reverse engineer, alter, enhance, or exploit the Courses in any way.
By ordering or participating in any Course, you agree that the Courses you purchase or download are for your personal or business use only. You may not sell, redistribute, or share the Courses without the express written consent of the Company.
Additionally, by ordering or participating in the Courses, you agree not to create derivative works based on the Courses, nor to offer any competing products or services using the information contained in the Courses.
USE OF FREE DOWNLOADABLE CONTENT
The Company provides various resources on this Website that users can access by providing an email address. Upon providing your email, the Company grants you a limited, personal, non-exclusive, non-transferable license to use the resources provided (the "Freemium Content") for your personal or internal business use. Unless otherwise specified, you agree that you have no right to modify, edit, copy, reproduce, create derivative works from, reverse engineer, alter, enhance, or exploit the Freemium Content in any way.
By downloading the Freemium Content, you agree that it is for your personal or business use only and may not be sold, redistributed, or shared without the express written consent of the Company.
Furthermore, by downloading the Freemium Content, you agree not to create derivative works based on it or offer any competing products or services using the information contained within the Freemium Content.
GUESTS
From time to time, the Company may feature third-party content, including podcast guest interviews, appearances on other platforms, guest blog posts, or other mediums. The Company does not control the information provided by these third-party guests, nor is it responsible for verifying the accuracy or truth of any statements made. The Company cannot guarantee the veracity of the information shared by these guests.
Individuals who agree to appear as guests on any podcast hosted by the Company agree to transfer all intellectual property rights they hold in the interview to the Company. Additionally, they grant the Company a license for any rights they are unable to assign.
CANCELLATION OF SUBSCRIPTION
Certain products and services offered by the Company are available through a monthly subscription. This applies to ongoing membership subscriptions, not to programs with a set number of payments. Users may cancel their subscriptions at any time by emailing [email protected]
.
Upon cancellation, your subscription and access to the course portal will be terminated immediately, and no refund will be issued. You will not be charged after cancellation.
MONEY BACK GUARANTEE
Unless otherwise specified on the checkout page at the time of purchase, all sales are final, and the Company does not offer any money-back guarantees. By making a purchase, you acknowledge and agree that you are not entitled to a refund under any circumstances.
NO WARRANTIES
The Company makes no warranties regarding the performance or operation of this Website. Additionally, the Company makes no representations or warranties, express or implied, regarding the accuracy, content, materials, documents, programs, products, books, or services available on or through this Website. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
LIMITATION OF LIABILITY
You agree to release the Company from any and all liability or loss that you or any person or entity associated with you may incur as a result of using the information on this Website and/or the resources you download from it. You further agree that the Company will not be liable for any damages, including but not limited to direct, indirect, special, incidental, equitable, or consequential damages arising from your use of this Website.
The Company and/or its suppliers make no representations or warranties regarding the suitability, reliability, availability, timeliness, or accuracy of the information, software, products, services, or related graphics on the Website for any purpose. To the fullest extent permitted by applicable law, all such information, software, products, services, and related graphics are provided "as is" without any warranty or condition. The Company and/or its suppliers disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
To the fullest extent permitted by law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising from the use or performance of this Website, the inability to access or use the Website, the provision (or failure to provide) services, or any information, software, products, or services obtained through the Website. This applies regardless of whether the damages arise from contract, tort, negligence, strict liability, or otherwise, even if the Company or its suppliers have been advised of the possibility of such damages.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with any portion of the Website or with these Terms of Use, your sole remedy is to stop using the Website.
INTERNATIONAL USERS
The Service is controlled, operated and administered by the Company from our offices within Australia. If you access the Service from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties from any losses, costs, liabilities, or expenses (including reasonable attorneys' fees) arising out of or related to your use of, or inability to use, the Website or services; any user content you post; your violation of any terms of this Agreement; your infringement of any third-party rights; or your breach of any applicable laws, rules, or regulations. The Company reserves the right, at its own expense, to assume exclusive control over the defense of any matter otherwise subject to indemnification. In such cases, you agree to cooperate fully with the Company in asserting any available defenses.
TERMINATION AND ACCESS RESTRICTION
The Company reserves the right, at its sole discretion, to terminate your access to the Website and related services, or any portion thereof, at any time, without prior notice. To the fullest extent permitted by law, you consent to resolve any and all disputes arising from or related to this Website or these Terms of Use in accordance with the Dispute Resolution Clause above. The use of the Website is prohibited in any jurisdiction where these Terms, including this section, are not enforceable.
NO JOINT VENTURE OR OTHER RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Website. The Company’s performance under this Agreement is governed by applicable laws and legal processes, and nothing in this Agreement limits the Company’s right to comply with governmental, court, or law enforcement requests or requirements related to your use of the Website or the information provided to or collected by the Company in connection with such use. If any provision of this Agreement is found to be invalid or unenforceable under applicable law, including but not limited to the warranty disclaimers and liability limitations outlined above, the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely aligns with the original intent. The remainder of this Agreement will remain in full effect.
ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between you and the Company regarding the Website. It supersedes all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, related to the Website. A printed version of this Agreement, as well as any notice provided in electronic form, shall be admissible in judicial or administrative proceedings related to this Agreement, to the same extent and under the same conditions as business documents and records originally maintained in printed form. The parties expressly agree that this Agreement and all related documents be written in English.
CHANGES TO TERMS
The Company reserves the right, at its sole discretion, to modify the Terms under which the Website is offered. The most recent version of the Terms will supersede all prior versions. We encourage you to review the Terms periodically to stay informed about any updates.
CONTACT US
If you have any questions or concerns regarding our Terms of Use, please feel free to contact us at:
[email protected]
Effective as of Jan 01, 2025
“I dig deep so you don’t have to, let’s uncover the seeds of health and happiness together.”
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