Last Updated 01/02/2025
Thank you for choosing The Email Growth Club. This document, referred to as the "Membership Terms of Conditions" or simply "Terms," governs the agreement between you, the subscriber ("Member," "you," or "your"), and Kylie Kelly "Company," "we," "us," or "our"). These Terms set forth the conditions under which you may access and use our Membership services, digital products, and other resources (the “Membership”) available through our website at https://kyliekelly.com and its related domains, subdomains, or during in-person interactions.
Acceptance of Terms.
By subscribing, accessing, or using our services, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. Your agreement is effective immediately upon subscription or first use of our services. Your action constitutes a legally binding agreement to these Terms, effective immediately upon your subscription or first use of our services. Together with our Privacy Policy, these documents constitute the complete agreement ("Governing Documents") between you and Kylie Kelly (individually referred to as a “Party” and collectively as “Parties”).
Purpose.
The intent of these Terms is to clearly define the legal relationship between you and the Company concerning your subscription to and utilisation of our services and digital products.
Scope of Membership Services.
Our membership services are designed to provide you with a suite of resources to support your learning goals. These services include, but are not limited to, the following:
- Themed Monthly Action Plans: Step-by-step strategies to grow and monetise your email list. Includes plug-and-play email and design templates tailored to each month’s theme.
- Workshops & Trainings: On-demand access to a growing library of video trainings and workshops.
- Exclusive Templates & Digital Downloads: Access to a wide variety of tools, customisable templates, and resources to implement your marketing strategies with ease.
- Private Community Platform: A vibrant community space to connect, collaborate, and grow alongside other driven female business owners.
- Resource Vault: A constantly updated library of resources, tools, and swipe files to help you grow your email list faster.
- Access to Past Trainings: Watch replays of past workshops and trainings at your convenience, ensuring you never miss out on valuable insights.
- Additional Resources: Periodic updates with fresh tools and strategies to keep your momentum strong.
Access and Delivery Membership Content.
Upon your subscription and successful payment, you will gain access to the membership content through our digital platform. The specific details of the membership services and digital content available to you are outlined on our website. Information regarding any live calls, including schedules, any events, and access instructions, will be communicated through the membership platform and/or via email. Delivery of live calls and content may follow specific schedules. We will notify members of any changes or delays in advance through the membership platform or email. While we strive to meet advertised schedules, availability may vary due to unforeseen circumstances.
Communication with Members.
Our primary means of communicating with you regarding your membership, including updates, changes, or any pertinent information, will be through the membership platform, the Slack group and email. By subscribing to our Membership, you expressly consent to receive marketing communications and email communications from the Company. These communications may include information on new services, exclusive offers, and upcoming events that may be of interest to you. We are committed to delivering value in every communication and maintaining the relevance of our content to your interests. Unsubscribing from marketing emails does not affect essential membership communications, such as billing notifications or updates about live calls. However, opting out of operational emails may impact your ability to stay informed about membership-related updates.
Scope of Membership Subject to Change.
Our membership services and content are subject to periodic updates and enhancements. We reserve the right to modify or discontinue any part of the membership content. Significant changes will be communicated in advance to ensure members are informed. Our goal is to continue delivering value to all members.
Membership Fees, Payments, and Promotions.
The membership fee is the amount listed on the Company’s website at the time of your purchase. By subscribing, you authorise us to charge the Authorised Payment Method on file for recurring subscription fees as per your chosen billing cycle (monthly, quarterly, annually). By subscribing to a monthly plan, you commit to an initial three-month minimum term. This means the first three months of your membership cannot be canceled or refunded. After the initial term, your subscription will continue on a month-to-month basis unless canceled according to our cancellation policy. Subscriptions automatically renew at each cycle's end unless you cancel in writing before the renewal date, as detailed in our cancellation policy below:
Failed Payment Attempts: If an attempt to charge your Authorised Payment Method is unsuccessful, we will make additional attempts two days apart. After failed attempts, your subscription may be suspended or canceled, and you'll be notified to resolve payment issues within 14 days.
Collection of Unpaid Fees: Accounts with unpaid fees for 90 days post suspension may be referred to a collections agency.
Promotions, Discounts, and Bonuses: From time to time, the Company may offer promotions, discounts, or bonuses to new or existing customers. These offers are subject to availability and may change at our discretion. Current members are not automatically eligible for promotional offers made after their purchase but may access specific promotions as detailed in the offer terms. We reserve the right to modify or discontinue any promotions at any time.
Refund Policy.
Due to the immediate access to digital content, we maintain a no-refund policy for all purchases and subscriptions. However, exceptions may be made for billing errors or other extenuating circumstances at the Company's discretion. Refund requests must be submitted within 14 days of the charge and include supporting documentation. If approved, refunds will be processed to the original payment method. This policy is in place to acknowledge the inherent value of the digital content and resources provided.
If you believe you have been charged in error, please contact us immediately at support@kyliekelly.com. Provide detailed information regarding the error, including proof of the charge and your account details. We will investigate the matter and, if an error is confirmed on our part, issue an appropriate refund.
90-Day Results Guarantee
We are committed to your success. If you actively participate in The Email Growth Club and do not see a 50% increase in your email list within 90 days, you are eligible for a full refund of all fees paid during this period. Additionally, you will retain complimentary access to the club until you achieve this growth.
To qualify for this guarantee, you must:
- Active Participation: Engage with all provided materials and implement the recommended strategies.
- Documentation: Provide evidence of your efforts, such as a record of strategies you've tried or analytics data, to support your refund request.
To request a refund, please contact support@kyliekelly.com within 90 days of your membership start date. Upon verification, a full refund will be issued, and you will continue to have access to the club until the specified growth is achieved.
Trial Offers and Billing Authorisation.
When you subscribe to the Membership under a trial offer, whether free or discounted, you're getting the opportunity to experience our membership services on a trial basis. By taking advantage of a trial offer, you expressly grant the Company permission to bill the Authorised Payment Method on file for the full subscription fee once the trial period concludes, unless you take action to cancel the subscription.
The specific duration of your trial will be communicated at the time of the subscription. It's essential to note the end date of the trial period to understand when billing for the regular subscription fee will commence. If you decide that you do not wish to become a paying subscriber following the trial period, you must cancel your subscription before the trial ends. Instructions for cancellation can be found in the membership platform under support - club help, or by contacting our support team directly at support@kyliekelly.com.
If your subscription is not canceled before the trial period expires, the Company will automatically convert your trial subscription into a paid subscription on the day following the last day of the trial. Your Authorised Payment Method will be charged according to the subscription plan you selected at the initiation of the trial offer.
Updating Payment Information.
Ensure your payment information remains up-to-date to prevent service interruptions. We may adjust your billing cycle or subscription plan to align with our current offerings for failed payments.
Term of Membership.
Your subscription Membership with the Company begins upon the initial payment and is established under a recurring billing cycle (e.g., monthly, quarterly, annually). This Agreement is active and remains in effect until terminated by with Party], in accordance with the specified cancellation and termination policies in these Terms.
Cancellation.
Members may cancel their subscription at any time by logging into their account, navigating to 'club help', and selecting 'cancel.' This action will terminate the membership immediately without any further obligations. Please note that upon cancellation, access to membership content and resources will cease immediately, unless you are eligible for the 90-Day Results Guarantee, in which case you will retain access until the specified growth is achieved.
Cancellation Requests: Can be submitted through the membership platform, under the support area or by directly contacting our support team through email at support@kyliekelly.com. The effective date is immediate upon completion of the cancellation process through your account settings, or on the date our support team processes your email request, with confirmation sent to you via email.
Billing at Cancellation: Any billing cycle in progress at the time of cancellation will be completed. No further charges will be applied post the effective cancellation date. Access to membership content and benefits extends until the end of the current billing cycle if cancellation is processed prior to the next billing date. Otherwise, access ceases immediately on the effective date.
Deadline for Cancellation: For monthly plans, cancellations cannot be processed during the initial three-month minimum term. You may cancel your membership after this period by submitting a request at least 3 business days before your next scheduled billing date.
Termination Policies.
We reserve the right to terminate your membership for reasons including, but not limited to, violation of Membership Terms and Conditions, failure to pay subscription fees, or any action detrimental to the Company or our community. Members will receive notification of such termination via email. You may decide to terminate your membership at any time for any reason following the steps outlined in our cancellation policy above.
Post-Termination Access.
Upon termination or cancellation, your access to the Company's membership content, including digital products and community platforms, will be revoked. Members are encouraged to complete any video recording replays or utilise downloadable resources before the termination goes into effect, as access will not be retained post-cancellation.
Intellectual Property Ownership and License Grant.
The Company offers a wide range of membership content, including instructional materials, educational content, templates, and other digital products, all of which are protected by copyright and constitute the exclusive intellectual property of the Company. We retain all rights, titles, and interests in the membership content and any associated intellectual property. Joining the Membership and agreeing to these associated Terms, does not convey any ownership rights of the membership content to you or any third party.
Upon agreeing to these Terms, you are granted a non-exclusive, non-transferable, revocable license to access the Membership and its contents.
This License permits you to use provided resources, templates, and content for personal or business purposes, such as crafting email campaigns, creating lead magnets, or branding materials. Redistribution, resale, or sharing of these resources with third parties is strictly prohibited. You may modify, copy, edit, print, and adapt these resources and templates for content that supports your business operations, including but not limited to:
Personal and Business Use: Use of content created from our resources and templates is permitted for business operations, such as crafting email campaigns and marketing materials; designing lead magnets, free resources, or opt-ins to grow your email list; creating content for your website, blog, or social media platforms; developing and running online events, such as webinars, summits, or workshops; supporting your business's branding and customer communication efforts.
You are not permitted to resell, redistribute, provide access to, share, or transfer the resources, content, templates or any content created using the resources and/or templates to third parties. This includes refraining from using such content on behalf of other businesses or for creating content for others. Unauthorised reproduction, sharing, or distribution of membership content is a violation of these terms and may lead to termination of your membership and potential legal action.
Privacy and Data Protection.
The information we collect, which may include details about you and your devices, is utilised solely for the purpose of enhancing our operations and delivering our products effectively.
We urge you to review our Privacy Policy, accessible on our website, to fully understand how we collect, use, protect, and in certain cases, share your personal information. The Privacy Policy outlines your rights regarding your data and our obligations in protecting it, reflecting our commitment to transparency and data protection compliance.
By agreeing to these Terms and continuing to use the Company’s services, you also consent to the collection, use, and handling of your personal information as described in our Privacy Policy. We pledge to handle your data responsibly and with the utmost respect for your privacy. For details on how we uphold privacy within our community interactions and your responsibilities as a member, please refer to our 'Confidentiality and Respect for Member Privacy' section.
Confidentiality and Respect for Member Privacy.
It’s imperative to respect the privacy and confidentiality of fellow members by refraining from disclosing, sharing, or distributing their information outside the community without explicit consent. Exercise caution and respect when handling any personal information or content shared within our community, including but not limited to names, contact details, and personal stories.
Unauthorised reproduction, sharing, or distribution of any member’s personal information or contributions outside the Company’s community is strictly prohibited. Maintain a respectful and secure environment by ensuring your contributions do not infringe on the privacy or rights of other members.
We value your privacy, but cannot guarantee that information shared within group settings will remain private. By sharing information in these spaces, you understand the risk that it could become public through various means.
Limitation of Liability for Community Interactions.
The Company is not liable for actions of any member that breach privacy or confidentiality through community interactions. We cannot monitor every communication but will enforce community guidelines to support a safe environment.
You are responsible for the content you share and for respecting others’ privacy. We encourage judicious sharing of personal or sensitive information. While we commit to reasonable security measures and guidelines to protect privacy, the Company is not liable for unauthorised disclosures arising from member interactions.
Please report any privacy breaches or misconduct. We are committed to addressing issues in line with our community standards.
Failure to adhere to these privacy and confidentiality expectations may result in immediate suspension or termination of your membership, at the Company's sole discretion. We reserve the right to take appropriate action to protect the integrity of our community and the privacy of its members.
Consent to Use Member Submissions.
By submitting any form of feedback, including reviews, images, comments, testimonials, or social media tags ("Submissions") to the Company through any platform, whether it be social media, online review sites, or directly to our website, you hereby grant the Company a non-exclusive, royalty-free, perpetual, and worldwide license to use these Submissions. This use may include, but is not limited to, incorporating your Submissions into our website, social media channels, marketing materials, promotional guides, and any other forms of communication or advertisement, for any purpose related to our business.
Furthermore, when you provide these Submissions, you also consent to the use of your name, photograph, and any other publicly available information that you have disclosed in connection with your Submissions. This might include sharing or highlighting your feedback across our various platforms and materials to promote the Company, showcase member satisfaction, or for other reasonable business purposes as we see fit.
Please note, by making a Submission, you confirm that you have the right to grant this permission, including the right to use any personal information contained in your Submissions, and that the use of such Submissions and information by the Company will not infringe upon or violate the rights of any third party.
This consent does not obligate the Company to use your Submissions or related personal information, but rather provides us with the legal permission to use them at our discretion. The Company is committed to respecting your privacy and rights in line with our Privacy Policy and applicable laws.
Disclaimer.
The Company and its representatives do not provide legal, medical, financial, or other professional advice as part of our membership services. Our content is designed for informational and educational purposes only. Should you require professional assistance, we strongly advise consulting with a qualified expert in the relevant field.
No Guarantee of Results.
The insights, information, and guidance offered by the Company are intended to support your personal growth and decision-making. However, we cannot guarantee specific outcomes or results from utilizing our services. Success depends on individual efforts and circumstances, and members are responsible for the application of any information provided.
Limitation of Liability.
The Company and its affiliates will not be liable for any direct, indirect, incidental, punitive, or consequential damages arising from your membership or use of our services. This includes damages for loss of profits, goodwill, use, data, or other intangible losses, whether based on contract, tort, negligence, or any other legal theory, even if we have been advised of the possibility of such damages. In cases where the Company is found liable, damages shall be limited to the greater of (a) the total amount paid by you for our services in the 12 months preceding the claim, or (b) $500, except where such limitations are not permitted by law.
Indemnification: You agree to indemnify and hold the Company, its directors, officers, employees, affiliates, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our services, your violation of these Terms, or your violation of any rights of another. This duty to indemnify will survive the termination of your membership.
Age Limitations.
By engaging with the Company through payment submission, enrollment, or any form of participation on our website, you confirm that you are of legal age in your jurisdiction to enter into these Terms and to purchase our products. You represent that you are fully able and competent to meet the obligations stipulated in these Terms of Purchase, and acknowledge that we rely on this representation in offering you access to our products and services.
Accuracy of Information.
We are committed to providing our members with accurate and up-to-date information across our website, including details on our products, services, and promotions. We regularly review and update our site content to ensure reliability.
Despite our best efforts, there may be occasions where information on the website contains inaccuracies or may not be current. We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice, including after an order has been submitted. These corrections may relate to product descriptions, pricing, promotions, and availability.
We understand the importance of accurate information in making informed purchasing decisions, and we are dedicated to providing transparent and prompt updates should any information change.
Binding Arbitration Agreement.
Should any dispute arise between the Parties regarding the membership terms, services, or any related activities that cannot be resolved through direct communication and negotiation, both parties agree to submit the dispute to binding arbitration. This arbitration will be conducted in accordance with the rules established by the The Australian Centre for International Commercial Arbitration, ensuring a fair and impartial resolution.
All decisions made by the arbitrator will be final and binding on both parties, and the arbitration process will be held in New South Wales, Australia, ensuring accessibility and relevance to the company's operations. Should it become necessary to relocate the arbitration due to unforeseen circumstances, the Company reserves the right to select an alternative venue. The Parties agree to equally share the costs associated with the arbitration process.
Choice of Law.
These Terms, including its formulation, execution, and effect, shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. Where conflicting laws arise, the laws of New South Wales, Australia, shall prevail, providing a single point of legal reference to govern the agreement.
Notices.
To ensure effective communication regarding your membership, the Company utilizes the following methods for sending and receiving notices.
Email Notices: For direct communication, including billing changes, subscription updates, and general service announcements, the Company will send notices to the email address associated with your membership account. These notices are considered effective when received. For routine inquiries, including questions about your membership, billing adjustments, or cancellation requests, you may contact the Company via email at support@kyliekelly.com
Website Notices:
The Company reserves the right to post updates or changes to membership offerings, company policies, and other significant announcements on our website. Such notices become effective at the time of posting and are accessible to all members.
Formal Legal Notices: For formal legal communications, including but not limited to legal proceedings or official disputes, notices must be sent to Kylie Kelly via certified mail at the following address:
19 Sunset Drive, Thornton, New South Wales, Australia 2322
Notices of this nature are deemed effective upon the Company's actual receipt of the mail, ensuring that legal communications are documented and responded to with the appropriate level of diligence and formality
Force Majeure.
In our commitment to providing uninterrupted access to our online membership program, we recognize that certain events beyond our control may occasionally disrupt our services. These events, known as force majeure events, absolve us from liability for any service interruptions or delays they may cause.
Relevant force majeure events include, but are not limited to: widespread internet outages or significant disruptions; cybersecurity incidents, including hacking, viruses, and other malicious software attacks that impact our ability to deliver services; governmental restrictions or actions, including lockdowns, that affect digital operations or access; supplier or partner disruptions that affect the availability of digital content or services, severe natural events, disasters, pandemics, war, Acts of God, unanticipated regulatory changes affecting the digital content, e-commerce, or online education sectors.
Should such an event occur, we will: promptly notify our members of the situation and its expected impact on our services; take all reasonable measures to restore access and service quality as swiftly as possible; and, adjust our policies or offerings temporarily, if necessary, to mitigate the impact on our members
Disruption of Membership Services.
In the event that the Company is unable to continue providing membership services and content due to circumstances beyond our reasonable control - including but not limited to financial insolvency, changes in legal or regulatory conditions, force majeure events, or other significant disruptions - the Company reserves the right to terminate memberships with immediate effect. Should such a situation arise, we will endeavor to provide members with timely and clear notice regarding the discontinuation of services. This communication will be delivered through the email address associated with your membership account or posted directly on our website.
Upon the discontinuation of membership services, the Company will assess the possibility of issuing prorated refunds for any pre-paid membership fees covering the remainder of the billing cycle or membership term, in accordance with our refund policy at that time. We shall not be liable for any losses, damages, or claims that arise as a result of the discontinuation of membership services. Members agree that the recourse for any pre-paid fees will be limited to the refund policy as stated and that we will not be obligated beyond this provision.
Revisions to Terms.
We may update these Terms at any time. Significant changes will be communicated via email or posted on the membership platform. By continuing to use the Membership after revisions are made, you agree to the updated Terms. It is your responsibility to review these Terms periodically for any changes. Your continued use of the membership and the Company’s products following the posting of revised Terms signifies your acceptance of and consent to the updates. We encourage you to remain informed of any changes that may affect your rights or obligations.
Severability + No Waiver.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorised representative of the Company.
Assignment and Transfer Restrictions.
The rights and privileges granted to you under these Terms are personal to you and cannot be transferred, assigned, or delegated to any third party.
Headings. The headings used throughout these Terms are intended solely for convenience and should not be used to interpret the agreement's provisions.
Entire Agreement + All Rights Reserved.
This document represents the entire agreement between the Parties regarding our services and supersedes any prior agreements. The Company reserves any and all rights not expressly granted in these Terms.
