Effective date: May 24, 2020

TERMS & CONDITIONS AGREEMENT

Welcome!

Donaldkimba (“Donaldkimba”, “Donald Kim“, “donaldkimba.com“, “Donald Kim, MBA”, “donaldkimba.com”, “we” and “our” and “us”) welcomes you. We invite you to access and use our website.

The material appearing on the websites  donaldkimba.com (the “Site”, and “Website”), is provided as either information about Donald Kim’s events, people, courses, programs and story’s, or as a platform for online connection and community. The owner of this Site (Donald Kim), agents, employees, contractors, and affiliates assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this site.

Any information by or on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. By using this Site, you accept and agree that following any information or recommendations provided therein is at your own risk. 

Please read carefully! Your access to and use of this Site is subject to legally binding terms and conditions which you accept and agree to by accessing this Site.

The following terms and conditions form a binding agreement (“Agreement”) between you and Donaldkimba, a subsidiary company of Optimized Webmedia Marketing Inc, incorporated in British Columbia, Canada. Donald Kim may modify, amend, supplement and replace these terms and conditions at any time without advance notice. Your continued use of this Site after any change means you have accepted the changed terms and conditions.

1. Copyright. All materials created by Donald Kim on the Site are protected by Canadian copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to Donald Kim. 

2. Links to Third Party Websites. This Site may contain links to third party websites. All such linked sites, materials and pages are not under the control of Donald Kim and Donald Kim is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any such website. Donald Kim accepts no liability for any errors or omissions contained in third party websites. These links are provided to improve your use of the Site, enable you to connect with Donald Kim on various platforms, and help Donald Kim offer the easiest services for you and conduct transactions. 

3. Intellectual Property Ownership.  If we have materials on the Site which you can download, a revocable, non-exclusive license is granted for you to download copies of the materials for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:             

1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Donald Kim at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 

If Donald Kim discovers that you have illegally misappropriated or used any of the intellectual property you were granted access to, you will be blacklisted from any future programs and will seek any all extent of legal remedies and you will be required to cover all legal fees necessary to enforce these rights.

4. Testimonials. We love to share your wins and successes inside our programs. By signing up for our programs and courses, you waive the right to anonymity and any testimonials including unofficial testimonials and words of praise via Instagram stories, public Facebook posts or posts inside our Facebook groups, and direct messages with Donald have the potential to be used on our marketing materials and/or any promotional efforts. You understand that all confidentiality provisions apply and that testimonials are the only exception to our confidentiality obligations.

5. Our Refund Policy. We hold a very sensible ‘Do The Work’ Refund policy which basically means you have to prove you’ve gone through our entire course, do all the required work, answer a few questions which we’ll ask you once you can prove to us that you’ve done the work and then we’ll have the unilateral discretion to grant a refund. If you want a refund, contact us within 60 days of purchasing the course, and prove you’ve done the whole course and we’ll send some follow up questions.

If you decide your purchase was not the right decision for you or your business, please contact our support team at support@donaldkimba.com within 60 days of enrollment. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 60th day, you will not be granted a refund. All refunds are discretionary as determined by Donaldkimba.

We are about honesty, fairness and customer satisfaction and have no problem issuing a full refund if you’ve actually tried your best and done the work but disliked the course.

5.1 An example of a situation where we wouldn’t give a refund is if someone doesn’t put in any effort, doesn’t try at our courses, doesn’t take full responsibility for their own success and then asks for their money back.

5.2. An example of a situation where we would give a refund is if you do the entire course, tried your best, share with us what you learned and then give an objectively fair reason why you want your money back. This means we are expecting the following documents and tasks to be completed: 

• Proof of all worksheets being completed 
• A link to your Instagram handle proving that you have implemented the lessons accordingly and have made an effort of using our strategies with screenshots included
• Screenshots of the following:
• Your signature lead magnet followed by each step of the entire strategy call bump funnel 
• Proof of market research survey with at minimum 5 responses from a real audience 
• An entire coaching offer outline created 
• Proof of initiating requests and promotion for people to join your signature program
• Instagram stories proving your attempts to cultivate and connect with an audience
• Proof of using our tools to validate a profitable niche 
• Ideal audience profile created using our market research strategies and tools 
• Proof of active participation in the Facebook group 
• Proof of attendance and participation to the monthly group coaching calls in the private membership Facebook Group 
• A progress rate of at least 80% within the member’s portal 
• Screenshots and proof that you have made an effort to ask questions when experiencing challenge during the program 
• A minimum one-page write up on the top 3 lessons you learned from the program and a fair reason of why you think the program didn’t work for you

Disclaimer: Due to the digital nature of our course, we do not offer refunds for those who do not do their due diligence to ensure the course is the right fit for them. It is your responsibility to review our sales page and terms and conditions carefully prior to purchase, use or access to any of our products and online courses. We have taken every measure to clearly communicate through all marketing channels, communication platforms, sales pages, and webinars to educate the public on who our programs and online courses would and would not benefit.

6. Termination of Membership. You have the right to terminate your use and access to our membership program(s). Please send an email to support@donaldkimba.com to start the process in writing. Cancellation of your membership does not excuse you from any outstanding balances from previous monthly membership fees and any outstanding balances will become immediately due upon the cancellation request being initiated. Your membership is not cancelled until all balances owing are paid.  You must initiate cancellation before your next billing date.

7. Being Blacklisted. Donald Kim retains the right to ‘Blacklist’ you from accessing any and all materials, courses or other products or services he offers in the event that you do not pay your bills or if you steal any of our intellectual property. You will be taken off the  blacklist once you pay your full amount owing. 

8. Payment Plans. You will have two options of payment plans with Donald Kim. You can either pay up-front in full or you can pay in monthly installments. Please note that for monthly payments, Stripe will automatically deduct the amount from the account information you provide Stripe. In the event your payment fails, you will not be able to access any of the information or content sold through our Site or any other of our courses, products or services. In the event of three failed payments, you understand Donald Kim may contract a collection agency to collect the money from you.  

8. Breaking Payment Plans + Discontinued Payments. In the event that you break your agreed upon payment plan ($297/month for four months), our team will permit a three month grace period and will actively work with you to get payments back on track. However, after three months of delinquent payments, you will be charged 10% per month ($29.70) for every month thereafter, that you either pause or discontinue your payment plan for up to one year. The 10% late fee will only commence after your initial three month grace period.

• For example: If you have paid the first three months but then pause your payment plan for the fourth month and fail to get back on track after three months, you will owe $29.70 for EACH month (up to one year) that your account sits inactive. You will have to pay this amount before you can re-access your account.

9. No Guarantees. We make NO GUARANTEES about any success that you’ll get from our Site or our courses or any of our free offers. We will do everything for you to succeed, but we make no guarantees and we try our best but can only control so much about your success through our courses. You understand that Donald Kim makes no guarantees whatsoever regarding any results based on any action or inaction relating to your life, social media accounts or businesses based on the information we share or services we sell or share for free through the Site. At the end of the day, we will not be responsible or make any promises for what will happen in your life and business. Even if you’ve worked with us as a client before and had certain results, we make no guarantee that will happen again. We cannot be any more clear about this: We love you, but we make no promises regarding results and make no guarantees whatsoever. 

10. Entire Agreement. These terms and conditions and any other legal notices, policies and guidelines of Donald Kim linked to these terms and conditions or contained on this Site constitutes the entire Agreement between you and Donald Kim relating to your use of this Site and supersedes any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter.  This Agreement may not be amended or modified except by Donald Kim.

11. Site Terms of Use Modifications. Donald Kim may revise these terms of use for its website at any time without notice. By using the Site, you are agreeing to be bound by these Terms and Conditions of Use.

12. Limitation of Liability and Indemnity. In no event shall Donald Kim or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to view or use the materials or content on the Site, even if Donald Kim has been notified orally or in writing of the possibility of such damage. 

13. Governing Law. Any claim relating to Donald Kim website shall be governed by the laws of the Province of British Columbia without regard to its conflict of law provisions.

14. Indemnity. As a condition of your use of the Site, you hereby indemnify Donald Kim and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.