GENERAL WEBSITE TERMS AND TERMS OF SERVICE
K&B Media Pty Ltd (ACN 647 131 351) agrees to provide access to this website (https://thiagoborrelli.entregadigital.app.br/produtos) and the Platform (App Thiago Borrelli) to you, and to provide the Services, on the following terms and conditions (the Terms).
By accessing or using this Website or our Services, you agree to be bound by these Terms. These Terms constitute a binding agreement between you and us, and govern your use of this Website, the Platform and the Services. If you do not agree to these Terms, then you must not access or use this Website, the Platform or any of our Services.
DEFINITIONS
1. In these Terms, unless inconsistent with the context:
a. AFSL means Australian Financial Services Licensee.
b. Business Day means a day other than a Saturday or Sunday, public holiday or bank holiday in Brisbane, Queensland.
c. Confidential Information of a party includes:
i. all information disclosed to the other party, whether in writing, electronically or orally, including as part of the Services;
ii. all information which is marked as confidential, or which is disclosed on a confidential basis or which a reasonable person would consider to be confidential; and
iii. any and all information concerning, or in any way connected with, that party’s business, or business affairs, but does not include any information which is in the public domain except due to a breach of any obligation of confidence, or information which is lawfully in the possession of a party prior to receiving the same from the disclosing party.
d. Corporations Act means the Corporations Act 2001 (Cth) as amended from time to time.
e. Financial Services Laws has the meaning in section 761 of the Corporations Act.
f. GST has the meaning given to that term in the GST Act.
g. GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended).
h. Intellectual Property means all intellectual property rights, including, without limitation, any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual property rights, whether or not registered, in all parts of the world.
i. Introduction Period means the 7-day period immediately following payment of the first Subscription Fee for the Online Course that you have subscribed to.
j. Law means all Acts of Parliament, and all regulations, by-laws, awards and orders made under any Act and the lawful requirements of public, municipal and other competent authorities, in any way applicable to these Terms.
k. Materials means all course content, tools, spreadsheets, modules, frequently asked questions, materials, documents, software, information and services which form part of the Services, and all drafting and content comprised therein.
l. Nominated Payment Method means the payment method in relation to which you provided details at the commencement of the Subscription for the purpose of paying the Subscription Fees, or that you otherwise nominate from time to time. The Nominated Payment Method may be direct debit from either a bank account or credit card, or payment via the Payment Gateway.
m. Online Course means one of our online courses that we make available to Students via the Platform from time to time, including Renda em Dolar (which is our beginner’s course) and Comunidade Renda em Dolar (which is our advanced course). Further details, including the Online Course syllabus and the Material provided for each course, can be found on https://thiagoborrelli.entregadigital.app.br/produtos.
n. Payment Gateway means the payment gateway provided by the third-party service provider engaged by us from time to time.
o. Permitted Purpose means the bona fide use for personal education, including in relation to learning investment options and strategies. The commercial use of any Materials is prohibited.
p. Platform means the online site, platform or mobile application through which Students access Online Courses and Materials.
q. Services means the Online Courses that we offer from time to time, and includes the Materials and live course-specific online monthly meetings attended by the course facilitator that we make available to Students.
r. Student means a person that participates in an Online Course.
s. Subscription means your subscription to one or more Services, which will continue for successive
t. Subscription Terms until terminated in accordance with these Terms. Subscription Term means the period of 12 months immediately following payment of the Subscription Fee, or immediately following the last day of the previous Subscription Term, unless the Subscription is not renewed in accordance these Terms.
u. Third Party Services means any services, tools, materials or software which are provided to the Subscriber as part of the Services, but does not include third parties with whom you contract directly.
v. Third Party Service Provider means a third party that we engage to provide the Services from time to time.
w. Terms means these terms and conditions, as varied from time to time and available on https://thiagoborrelli.entregadigital.app.br/produtos.
x. you, your means, as the context permits, the person who is accessing the Website or the Platform, and/or the Student.
y. we, us, our means K&B Media Pty Ltd.2. z. Website means https://thiagoborrelli.entregadigital.app.br/produtos, which is owned and run by K&B Media Pty Ltd.
In these Terms, unless the contrary intention appears:
a. headings are for ease of reference only and do not affect the meaning of the Agreement;
b. the singular includes the plural and vice versa;
c. words importing a gender include other genders;
d. a defined word or expression has corresponding effect in relation to its other grammatical forms;
e. a reference to a document or agreement, including the Agreement, includes a reference to that document or agreement as novated, altered or replaced from time to time;
f. a reference to any legislation includes a reference to that legislation as amended, re-enacted, consolidated or replaced at any time;
g. words and expressions importing natural persons include partnerships, bodies corporate, associations, governments and governmental and local authorities and agencies; and
h. a reference to a party includes a reference to their successors and permitted assigns.
HOW TO PARTICIPATE IN OUR COURSES
3. To be accepted as a Student, you must:
a. be at least 18 years of age, or otherwise be participating in the Service(s) with the permission of a parent or guardian;
b. be fluent in written and spoken Portuguese;
c. provide the information requested upon signing up, including your name, email address and banking details; and
d. agree to these Terms.
4. You can sign up for a Subscription via the Platform by following the prompts. The Subscription includes access to the selected Online Course(s) and Materials.
5. We may refuse to provide our Services to any person in our sole discretion.
SUBSCRIPTION TERMS
6. Our Services are only available by subscription. Each Subscription Term will automatically renew for another Subscription Term, unless you instruct us otherwise in accordance with these Terms.
7. Your Subscription commences on the day that you pay the Subscription Fee and receive notification of acceptance from us (including for example via email), and continues for the Subscription Term.
8. At the end of the current Subscription Term, the Subscription will automatically renew for a further Subscription Term, unless either party provides written notice of non-renewal within the 30-day period before the end of the then-current Subscription Term (Non-Renewal Period).
9. If you do not provide written notice of non-renewal within the Non-Renewal Period, your Subscription will automatically renew, and the applicable Subscription Fee will be deducted from your Nominated Payment Method.
10. If you do not wish to continue with the Subscription and provide us written notice within the first 30 days of the new Subscription Term, we will agree to terminate your Subscription and refund
11. the applicable Subscription Fee that was deducted from your Nominated Payment Method at the commencement of the new Subscription Term. Any request to terminate your Subscription and seek a
Subscription Fee refund after this time may not be granted in our sole discretion, unless such request is due to our material breach of these Terms, in which case a refund for any pre-paid Subscription Fees will be provided on a pro rata basis.
NATURE OF OUR SERVICES
12. We provide our Services to you for personal educational purposes only. The aim of our Services is to provide Students with the necessary information to understand, analyse and make informed investment decisions.
13. The proposed Online Course syllabus and accompanying Material will be provided to each Student before or during the Introduction Period. However, you agree and understand that each syllabus may change during the Subscription to reflect changes in the economic and regulatory landscape.
14. During the Introduction Period, you will have access to some but not all of the Materials for the Online Course. You will have full access to the Materials after the Introduction Period.
15. The Material is not intended to influence you to make a decision in relation to a financial product, or class of financial products, but is rather intended to provide information to Students so that you have the necessary knowledge to make informed investment decisions.
16. You agree that we are not providing you with any general or personal financial product advice in our provision of the Services, and the Material is not intended to be, and should not be taken as, financial, real estate, legal, taxation or accounting advice. Before you act on any information that we provide in the provision of Services, you should seek your own professional advice as needed.
17. The Online Courses and Materials may include hypothetical scenarios and use historical data to assist educate Students about different products, strategies and opportunities, and to model potential outcomes. You agree and acknowledge that this is provided for education purposes only, and is not a recommendation in relation to any particular product or strategy. Historical data is not indicative of future performance, and is used in the Materials for illustrative purposes only.
18. All Online Courses and Materials are provided in Portuguese only, and the live monthly meetings are facilitated in Portuguese.
19. We may, in our sole discretion, decide to engage a Third-Party Service Provider to provide part or all of the Services to you.
SUBSCRIPTION FEES
20. You agree to pay the Subscription Fee to us in consideration for us providing you with the Services, using the Nominated Payment Method. You will be prompted to select your Nominated Payment Method upon signing up to the Subscription.
21. You can elect to pay your Subscription Fee:
a. upfront for the full Subscription Term, in which case the Subscription Fee paid for each subsequent Subscription Term will be “frozen” at the fee payable on the first day of your initial Subscription Term; or
b. in instalments via the Payment Gateway, in which case the Subscription Fee that will apply to subsequent Subscription Terms will be the then-current Subscription Fee. This option is subject to the third-party Payment Gateway provider agreeing to provide you with its services, and you agreeing to the applicable terms and conditions in relation the Payment Gateway.
22. The election that you make upon signing up for your first Subscription Term will be the default Nominated Payment Method for subsequent Subscription Terms, unless you instruct us in writing otherwise.
23. You agree that the option to pay the Subscription Fee in instalments is dependent on and subject to the third-party Payment Gateway provider agreeing to provide both us and you with the Payment Gateway, and you agreeing to separate terms with the Payment Gateway provider.
24. If any payment of a Subscription Fee fails for any reason, including (but not limited to) due to incorrect or incomplete information provided by you, you not updating your Nominated Payment Method details, the Payment Gateway rejecting or being unable to process your payment for any reason, or you having insufficient funds, any charges incurred by us in relation to the failed payment will be payable by you.
25. You can request a full refund of Subscription Fees paid within the Introduction Period, and also within the first 30 days of each subsequent Subscription Term. You are not entitled to a refund after the Introduction Period or the first 30-day period of subsequent Subscription Terms.
26. Subject to these Terms, we reserve the right to increase the Subscription Fee or institute new charges upon reasonable notice.
27. Subscription Fees are exclusive of GST, unless stated otherwise.
CURRENCY OF MATERIALS
28. Whilst we have taken reasonable steps to ensure the accuracy, currency, availability, correctness and completeness of the Materials, our Services are provided on an “as available” basis and we do not give or make any warranty or representation of any kind, whether express or implied. The use of the Materials and Services, including but not limited to reliance on any information provided, is at your sole risk.
29. You agree that:
a. at our sole discretion, we may amend, change or update the Materials at any time;
b. Materials will not reflect any changes to the economy, product or company information or Financial Services Laws which occur or come into force after the date those Materials are published;
c. Online Courses and Materials predominantly relate to the Australian economy and markets, and have been prepared considering the Australian investment landscape and laws only; and
d. we do not warrant or give any representation that the Materials provided to you consider any taxation regimes (including Australian taxation regimes), or laws of any jurisdiction other than in Australia.
THIRD PARTY MATERIALS
30. Our Website and Materials may contain links to other resources or websites controlled or offered by third parties. We are not responsible for the accuracy or content of the material provided by any third party.
31. We do not purport to give, nor endorse or take responsibility for, any financial product advice provided by a third party on a linked website or resource.
32. If we provide a link to any other website or resource, we are not endorsing or recommending the resource or website, or any information or material contained on that website, or any products or services offered on that website.
OUR OBLIGATIONS
33. We will provide the Services to you in accordance with and subject to these Terms.
YOUR OBLIGATIONS
34. You agree and acknowledge that:
a. all information that you provide to us is accurate and current, and agree to maintain and update your information as necessary so that it remains accurate and current. If you provide us with information that is inaccurate, we reserve the right to suspend or terminate your access to the Services;
b. it is your responsibility to assess your knowledge level and the subsequent suitability of the Online Course for you. We make no representations that any Online Course will meet your needs or be appropriate for your skill and knowledge level, or that it will meet your intended purpose;
c. it is your responsibility to review the proposed syllabus and Material before the end of the Introduction Period;
d. you will interact with other Students and with us in a professional, respectful and lawful manner;
e. you will not share content with other Students that promotes any product or service (including but not limited to financial products or services);
f. you are responsible for providing the necessary equipment to access the Platform and Material, and participate in the Online Course, including but not limited to reliable internet access and a computer;
g. all Materials will be provided in Portuguese only, and it is your responsibility to ensure that your Portuguese is sufficient to access the Online Courses and Materials;
h. you are responsible for maintaining the security of your Platform password and login, and will not share your login details with any other person; and
i. you will use the Platform and participate in the live monthly meetings in a lawful manner, and in compliance with these Terms.
GENERAL WEBSITE TERMS OF USE
35. You will not, and you will not permit any other person to:
a. use or access the Website in a way that infringes our Intellectual Property or the intellectual property rights of any other person;
b. use or access the Website or Platform in a way that breaches a term of an agreement between you and a third party;
c. use any anonymous network or protocol to access the Website or Platform;
d. use any method or process to consolidate or combine the Website or Platform with any other content, data, information, image or material;
e. decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or otherwise attempt to construct or identify the source code, content, formulas or processes used by the Website or Platform;
f. do anything which will or may damage or disrupt access to or interfere with the proper operation of the Website or Platform for any period of time;
g. knowingly introduce viruses, Trojans, worms, bots, logic bombs or other malicious software to the Website or Platform;
h. do anything which will or may place an unreasonable load on the infrastructure of the Website or Platform;
i. post, distribute or send any ‘spamming’ material or any other form of bulk communication on or via the Website or Platform;
j. use the Website or Platform to transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the Website or Platform;
k. impersonate any person or entity;
u. use the Website or Platform for any unlawful purpose;
m. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction or data harvesting) on, or in relation to, the Website or Platform;
n. otherwise use the Website for any purpose that may harm our reputation; or
o. act upon a communication or notice that you receive via the Website or Platform if you are uncertain or suspicious about its authenticity.
36. We reserve the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
PROHIBITED USES OF THE SERVICES
37. You must not:
a. exploit (including sell, offer for sale, commercialise or dispose of) any of the Intellectual Property in the Website, Platform, Services or Materials;
b. supply or offer to supply or distribute or offer to distribute, any of the Intellectual Property in the Website, Platform, Services or the Material to any third party;
c. take your own recording of any Online Course, live monthly meeting or other Service;
d. create a database of the Intellectual Property in the Website, Platform, Services and/or the Material except for your own lawful and personal use;
e. use the Services for any purpose or in any manner other than for the Permitted Purpose;
f. use the Services in any way that could damage our reputation, goodwill or Intellectual Property subsisting in or related to the Website, Platform, Services and/or the Materials;
g. permit any third party to use the Services or access the Materials without our prior express written consent;
h. assign, sublicence or otherwise deal in any other way with any of your rights under these Terms without our prior writing consent;
i. attempt to sell or promote your own products or services via the Platform, including for example during the live monthly meetings;
j. copy, reproduce, translate, adapt, vary or modify the Services or any Materials or create any derivative works based upon the Website, the Services or the Materials unless specifically permitted under these Terms;
k. disassemble, decompile or reverse engineer the Website or attempt to do so;
l. modify or remove any copyright or proprietary notices pertaining to the Services or the Materials; or
m. engage in conduct that in our opinion indicates an intention to misuse and/or misappropriate the Services or any Materials.
38. You must notify us immediately if you become aware of any breach of our Intellectual Property, or any unauthorised use of the Services or the Materials.
39. You agree and acknowledge that we are not responsible for, nor do we indorse, the contributions of any Student. Nevertheless, we will take reasonable steps to moderate and correct or remove offensive or inaccurate content shared by other Students, and may delete Student content in our sole discretion.
40. We reserve the right at any time to deny or terminate all or part of your access to the Website or Platform Services where, in our reasonable opinion, there are concerns regarding unreasonable use, security or unauthorised access or where you have breached any of these Terms.
AVAILABILITY OF THE WEBSITE AND SERVICES
41. We take reasonable steps to ensure we can deliver the Website, Platform and Services effectively, reliably and securely. However, we do not warrant, guarantee or represent that:
a. the Website, Platform or Services will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component;
b. there will be operational stability, availability or continuation of the Website, Platform or Services;
c. the Website or Platform are safe from hacking; or
d. your use of the Website, Platform or Services will not infringe the rights of any third party.
42. In addition, the Website, Platform or Services may be suspended or discontinued in our sole discretion, and may be inaccessible at times due to:
a. down-time and/or maintenance of the Website or Platform by us or by a Third-Party Service Provider;
b. outages to the internet, networks or servers;
c. equipment failure, including the failure of third-party systems; or
d. other events outside of our control.
43. You acknowledge that we have not made any warranty that the Website, Platform or Services will be error free, and we are not required to notify you of any malfunction in the Website or Platform, or if any content is limited, restricted or ceases.
44. We will not be liable in the event that the Website, Platform or Services is temporarily unavailable to you for any reason.
45. This Website and Material is intended to be distributed to, accessed and used by people within Australia, and is not intended for any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
INTELLECTUAL PROPERTY
46. As between you and us, all Intellectual Property in the Website, Platform, Materials and Services is solely owned by us.
47. Except as expressly provided for in these Terms, or as otherwise agreed between the parties:
a. your use of and access to the Website, Platform and Services does not transfer any Intellectual Property to you or grant you any right, title or interest to or in the Intellectual Property; and
b. use of the Intellectual Property in the Website, Platform and the Services other than on the terms and conditions of these Terms is prohibited.
48. We grant to you a limited, non-exclusive, non-sublicensable, non-transferable worldwide, royalty-free licence to use the Website and, if you are a Student, the Material and Services, for the Permitted Purpose and subject to these Terms.
CONFIDENTIALITY
49. A party (the recipient party) must keep all Confidential Information of the other party (the disclosing party) that the disclosing party communicates to the recipient party confidential and must not:
a. use that Confidential Information except to perform and comply with its obligations under, and have the benefit of, these Terms; or
b. disclose that Confidential Information, except:
i. with the prior written consent of the disclosing party;
ii. if required by Law; or
iii. to the extent it is required to be disclosed in connection with legal proceedings relating to these Terms.
LIMITATION OF LIABILITY
50. To the fullest extent permitted by Law, all conditions, warranties and other terms which otherwise are or might be implied by statute, common law, or equity and which are capable of being excluded by agreement, are excluded.
51. You agree and acknowledge that we are not liable for:
a. any breach of these Terms where the breach is due to acts, events omissions or accidents beyond our control, including any abnormal and unforeseeable or regulatory circumstances beyond our control, or where the breach is due to legal requirements;
b. any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software;
c. any failure of products of services offered by third parties that we may recommend, or for any information, materials or advice offered or shared on a third-party website or resource that we may recommend; or
d. any decision that you make, including the performance of any investment decision that you make, which is based on the Material provided as part of the Services.
52. Notwithstanding any other provision in these Terms, our maximum liability to you will not in any circumstances exceed an amount equal to twice the Subscription Fee for one Subscription Term that you have paid for.
INDEMNITIES
53. You indemnify K&B Media and each of its directors, officers, shareholders, advisers, consultants, agents, employees and contractors (each an Indemnitee) against all liabilities, claims, losses and expenses (Losses) which may be incurred or suffered by the Indemnitees directly or indirectly arising out of your fraud or wilful failure to comply with these Terms. Losses may include consequential losses (which consequential loss includes loss of revenue, loss of profits and future profits, loss of reputation or goodwill and expenses incurred through breach), any legal fees incurred in defending or responding to Losses. This indemnity will not apply to the extent that Losses were incurred or suffered by an Indemnitee due to acts of K&B Media.
54. We are not required to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make any payment before enforcing a right of indemnity conferred by these Terms.
SUSPENSION OR TERMINATION OF SERVICES
55. We may suspend or terminate any part of our Services at any time. If you have paid in advance for Services that are cancelled, we will refund the amount of the Subscription Fee that relates to the period of time for which you will not receive the Services, less any bank processing fee that is charged to us.
56. We will use our best endeavours to provide you with reasonable notice of any suspension or termination, which notice will not be less than 5 Business Days, unless it is not commercially practicable.
57. If you wish to terminate your Subscription, you can do so during the Introduction Period by emailing us at [email protected]. After the Introduction Period, you may seek to terminate the Subscription, but are not entitled to a refund of Subscription Fees for the Subscription Term.
58. Rights which accrue prior to termination of these Terms continue to have effect after termination.
59. The following clauses survive termination of these Terms:
a. clause 1, relation to definitions and interpretation;
b. clauses 19-26, relating to the payment of fees;
c. clause 45-47, relating to Intellectual Property;
d. clause 48, relating to confidentiality;
e. clauses 49-51, relating to the limitation of liability;
f. Clauses 52-53, relating to the indemnities;
g. clauses 57-58, relating to the consequences of termination; and
h. clauses 65-71, which contain the miscellaneous provisions.
OUR RELATIONSHIP
60. Your use of the Website, Services or Materials is not intended to, and does not, create a financial adviser and client relationship between you and K&B Media.
61. The Terms do not constitute or give rise to any partnership, joint venture or agency relationship of any kind between the parties.
VARIATION
62. Unless stated otherwise in the Terms, we may vary these Terms by providing 10 Business Days advance notice via the Website, or by any other means, at any time.
63. You acknowledge that we may vary these Terms immediately without advance notice to protect the security or integrity of the Website or to comply with Law or regulation or to manage a technical or system fault or error.
HOW TO CONTACT US
64. If you have any feedback, questions, or complaints, you can contact us via by emailing [email protected].
65. When you contact us, please provide us with your name, address, and any other information we may need to identify and contact you, and the issue(s) on which you have feedback, questions, or complaints.
MISCELLANEOUS
66. Neither party will be liable to the other for any breach or failure to perform any of its obligations under the Terms where such breach or failure is caused by natural disaster, act of war or terrorism, riot, governmental action, internet outages or disturbances or malicious third party act, that is beyond the party’s reasonable control (Force Majeure Event) provided that the affected party uses its best endeavours to mitigate the Force Majeure Event. If the Force Majeure Event continues for more than 10 Business Days, we may terminate the Terms immediately by giving notice to you.
67. The provisions of these Terms will be deemed to be severable and any invalidity of any provision of these Terms will not affect the validity of the remaining provisions of the Terms.
68. No waiver of any breach, or failure to enforce any provision, of these Terms at any time by either party will in any way limit or waive the right of such party to subsequently enforce and compel compliance with the provisions of these Terms.
69. Any provision in these Terms, which is or becomes unenforceable, illegal or invalid for any reason, will be severed and will not affect the enforceability, legality, validity or application of any other provision which will remain in full force and effect. Nothing in these Terms is intended to have the effect of contracting out of any applicable Laws, except to the extent permitted by such Laws.
70. Any notice or communication required or permitted to be made or given to a party under these Terms must be sent in writing to that party’s provided email address, or to such other address as notified to the other party in accordance with this clause.
71. Notices or communications given in accordance with these Terms are taken to be received at the time shown in a delivery confirmation report generated by the sender’s email system.
72. The Terms are governed by, and are to be construed in accordance with, the laws in force in the State of Queensland, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland and any courts which have jurisdiction to hear appeals from any of those courts, and waives any right to object to any proceedings being brought in those Courts.