OVERVIEW

This Course is owned and operated by JILLIAN DINKEL PTY LTD ABN 20 642 438 417 trading as JILLIAN DINKEL DESIGNS(‘JILLIAN DINKEL’, ‘we’, ‘our’, or ‘us’).

Please read these Terms and Conditions (‘Terms’) carefully before you purchase or otherwise access our online course, THE ART OF GETTING PUBLISHED (‘Course’). These Terms, along with our Site Terms and Conditions and our Privacy Policy (‘the Terms’), govern your access to https://jillian-dinkel.mykajabi.com/,  including the Course.

By accessing the Course, you:

1. acknowledge that you have read, and agree to comply with and be legally bound by, these Terms; and
2. warrant that you are over 18 years of age and have the legal capacity to enter into a binding contract.

We reserve the right to modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to initial use as well as periodically throughout your use of our Course. If at any time you choose not to accept these Terms, you should discontinue your use of our Course.

By continuing to access this Course, you are deemed to accept any future amendments to these Terms. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

COURSE ACCESS

You may apply to access the Course by completing the application form and paying the Course Fee on our Site https://jillian-dinkel.mykajabi.com (‘Site‘). As a condition of purchase and participation in the Course, you agreed to be bound by our policies and procedures as set out in these Terms, including those incorporated by reference. You agree to provide accurate, current and complete information about yourself as requested or directed, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your Course access if we suspect that such information is inaccurate or incomplete. We also reserve the right to deny your Course application for any reason.

Your access to the Course commences when your application has been accepted by us, or a date specified on our Site, and you pay the price as displayed on our Site and in accordance with these Terms (‘Course Fees’). Your access to the Course continues until terminated under these Terms or the Course is taken down. We will provide you with [30] days’ notice should we plan to take down the Course. In the event we intend to close down the Course, we shall provide you with [30] days notice and the ability to download applicable resources contained being the lifetime access we refer to in our promotional material.

To access the Course, you may be required to create an account. In doing so, you must provide accurate information, including your name, your business name (if applicable), address, a valid email address and contact number. You must also be at least 18 years old. You agree to update this information if and when it changes. You are solely responsible for the activity that occurs on your account, so please keep your account password secure.

COURSE FEES

In consideration for access to the Course, the Course Fees must be paid:

One off lump sum payment of Course Fees (“Full Payment Fee”)

Your preferred payment option must be selected at the time of enrolment and cannot be changed at a later date.  The total amount of the Course Fees may be dependent on the payment method you select at time of enrolment.

Where you select the Full Payment Fee, you will pay the amount of $299.  Where you select the Payment Plan Fee, you will be charged for the initial payment at time of enrolment and all subsequent payments will be automatically charged,  on the monthly anniversary of the initial payment being a total of ([11] payments.  Where you opt for our instalment plan, you will remain responsible at all times for those payments unless you request a refund in accordance with our Refund Policy set out below.  You cannot under any circumstances cancel payments except in accordance with our Refund Policy.

Method of Payment

You authorise us to automatically charge the credit card or debit card provided at the time of enrolment for the Course Fees when they are due and in accordance with these Terms.

If you choose to pay in instalments, you authorise us to automatically charge the credit card or debit card on file for any payment balances owing and agree to keep all billing information and personal information current at all times and must notify us immediately of any changes to those details.  You understand and agree that as payments are electronic, you will ensure that you have adequate funds available.

Notwithstanding any adjustments made to payment dates by any third party payment provider such as Stripe, you acknowledge and agree that payments must be made on the applicable due dates and you must do all things reasonably necessary to ensure sufficient funds are in place to ensure payments are made on the applicable due dates. 

Where you fail to make payment or payment is declined for any reason, you must provide a new eligible method of payment immediately or we may suspend or revoke your access to the Course. You will be liable for all outstanding payments, including third party payment provider fees, any costs incurred by us trying to recoup the outstanding Course Fees such as debt collection agency costs, including any reasonable legal costs on any Course Fees that remain outstanding. For the period where your access is restricted or revoked, you acknowledge and agree that we will not be liable to you for any refund of the Course Fees due to a failure to pay Course Fee when due or be entitled to any extended period of access to the Course due to such restriction or revocation.  You further acknowledge and agree that your obligations to continue paying the Payment Plan Fee continues for the remainder of the term of the Course.
Bonuses

At the time of enrolment, we may offer individuals bonuses to sign up for the Course.  You are entitled to any bonuses on offer at the time of your enrolment.  Please note that bonuses are not guaranteed to be available at all times and they may vary subject to any promotions we may have throughout the year.

REFUND AND CHARGEBACK

The Course Fees are non-refundable except as required by law or at our sole discretion. We do not provide refunds simply because your situation has changed or you have changed your mind.

Nothing in these Terms is intended to modify or otherwise effect your statutory rights under consumer laws or any other applicable legislation.

COURSE ENTITLEMENTS

During your Course, we will provide you with certain Course Entitlements, including:

• Kajabi hosted course videos, PDF attachments

If a Force Majeure event of any kind requires that any Course Entitlements be delayed, they will either take place in a different allowable format or be rescheduled. You will not be entitled to any compensation for Course Entitlements that are unable to proceed due to a Force Majeure event.

Guest Content

From time to time, we may also provide you with certain benefits, such as products, programs, workshops or other courses, which may be provided by third parties. We do not offer any guarantees regarding these benefits, including their accuracy or quality, the duration for which they are available or that they are suitable for your purposes.

Any individual who agrees to be a interviewed as guest or contributes content in any way, transfers all intellectual property rights to us in any such interview and where assignment is not possible, will provide a non-revocable, perpetual licence to any such content.

COMPLAINTS

We are committed to your enjoyment of and satisfaction with the Course. Should you have any concerns or be dissatisfied in any way, please contact us via [email protected] and include:

1. your name;
2. the email address you used to apply for the Course;
3. details of your concern or complaint;
4. details of what you would like us to do to resolve the matter; and
5. copies of any relevant correspondence.

We will acknowledge your complaint within 5 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.

You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media.

Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.

INTELLECTUAL PROPERTY RIGHTS

As part of the Course, you will have access to certain materials, including programs, workbooks, forms, templates, precedents, webinars, digital products and other content (‘Materials’). We retain ownership of all Intellectual Property Rights (including copyright) in the Course and the Materials.

To the extent required for participation in the Course and in consideration for the payment of the Course Fees, you are granted a non-exclusive, non-transferable, single-use, limited licence to access and use the Materials for your own personal use and non-commercial use, and you agree not to:

1. modify the Materials;
2. copy or share the Materials or in any way cause or allow them to be copied or shared;
3. assign or transfer your membership of the Course to any other person without our express written consent; or
4. sublicense, publish, sell, or provide the Materials to, or otherwise allow them to be used by, third parties.

 

You must not under any circumstances remove any copyright notice, trade mark or author mark from any part of the Materials.

If you infringe our Intellectual Property Rights, we reserve the right to immediately terminate your access to the Course and the Materials without refund and pursue legal remedies including an accounting of profits should you use our Course and Materials for commercial purposes.  You will be liable for all costs (including reasonable legal costs) incurred due to your breach of these Terms.

For any intellectual property that you provide us with through your participation in the Course (‘Participant Content’), you warrant that you are the owner of this intellectual property and indemnify us against any claim made by a third party arising out of any breach of intellectual property rights from our use of the Participant Content (including distribution for promotional purposes). By participating in the Course, you grant us a non-exclusive, irrevocable, royalty-free, perpetual licence to use and reproduce your Participant Content at our discretion.

COURSE PROMOTION

Where you have provided testimonials (in any format), you acknowledge and consent that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.

You acknowledge that part of your Course may include images, copy, text and recordings (in audio and/or video format) of your participation in the Course, where you may feature prominently. These recordings are both for the purposes of providing the Course and for us to use in our promotional material to market the Course. You irrevocably consent to our use of these recordings without restriction, including but not limited to our ability to modify, publish, reproduce or distribute them at our discretion.

TERMINATION

We reserve the right to terminate your access to the Course with immediate effect if:

1. you do not pay the Course Fees when due;
2. you infringe our Intellectual Property Rights;
3. you engage in conduct that is injurious or potentially harmful to our reputation;
4. you disclose Confidential Information without consent;
5. your actions are contrary to our interests;
6. we consider that mutual trust and/or confidence no longer exists; or
7. you fail to comply with any of the other provisions of these Terms or otherwise breach any undertaking, warranty or obligation under these Terms.

If we terminate your access to the Course, we may, at our sole discretion, refund any prorated balance of the Course Fee already paid by you.

 

CONFIDENTIALITY

You agree to respect our privacy and confidential information, which includes information relating to our business, finances, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or suppliers, along with our intellectual property and other information relating to trade secrets, know-how, systems and processes. Accordingly, unless you have our prior written consent, you will keep any information we choose to share confidential. You also agree to respect the privacy and confidential information of other Course participants unless you receive express written consent from such other participant. We will not disclose any information you provide except as set out in these Terms.

However, these obligations of confidentiality do not apply to any disclosure that:

1. is for the purpose of performing the Terms or exercising a party’s right under the Terms;
2. is required by Applicable Law; or
3. relates to Confidential Information that is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction or breach of any obligation of confidence.

PROHIBITED USE

In addition to any other prohibitions, you must not under any circumstances access or otherwise use the Course or its content:

1. for any unlawful purpose;
2. if you or your business in any way competes with our business;
3. to solicit others to perform or participate in any unlawful acts;
4. to violate any international, federal, or state regulations, rules, laws, or local ordinances;
5. to attempt to change, remove,  or otherwise interfere with the Course or any of its Materials;
6. to infringe upon any other person's proprietary rights; or
7. to send any unsolicited advertising or promotional material, commonly referred to as 'spam'.

WARRANTIES AND INDEMNITIES

We provide the Course and its content on an ‘as is’ basis, and do not guarantee any specific results from your participation. Your experience will depend on your own commitment, motivation and intent to follow through. Any examples of previous participants’ experiences, including reviews, testimonials or other statements, are provided for illustrative purposes only, and are simply examples of what can be possible.

You agree that you engage in the Course at your own risk.

Except as expressly permitted by law, we cannot be held liable for:

1. any loss or damage that you may suffer as a result of your participation (including where you disclose confidential information during any group participation);
2. your inability to participate in the Course for any reason;
3. your failure to maintain the security of your login details that enable you to access the Course;
4. the statements or conduct of any third party; or
5. your reliance on the suggestions or recommendations of any third party or Course participant.

 

You agree to indemnify us against any loss or damage, including legal costs, related to your breach of these Terms.

INFORMATION AND ADVICE (DISCLAIMER)

Any content or information provided in the Course is of a general nature only and does not constitute professional advice. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide through the Course. No part of the Course is a substitute for obtaining advice that is specific to your individual circumstances from a qualified professional. The nature of the Course means that we are unable to guarantee particular results, and any examples of achieved by other course participants is a representation of potential results only. Any results achieved through your participation in the Course will vary depending on a range of factors beyond our control.

 

 

You are responsible for determining whether the Course is right for you. We reserve the right to terminate or suspend your access to the Course at any time should we believe that it is not appropriate for you, or that further professional advice should be sought.

 

Any reference to other products or services, programs, courses, processes or other information appearing within the Course does not constitute or imply our endorsement, sponsorship or recommendation in any way.

 

PRIVACY POLICY

When you apply to take part in the Course, and during your participation, you may be required to provide us with certain personal information (such as contact details) and sensitive information (such as information about your health or finances).

Your privacy is extremely important to us. We will only use your personal information in order to provide you with the Course Entitlements and to communicate with you about the Course. Where you wish to withdraw your consent from email communications, you may simply unsubscribe. Your information will be dealt with in accordance with our Privacy Policy.

ELECTRONIC SIGNATURE

These Terms will become binding when you agree to these Terms, including by clicking 'I consent' or 'I agree' or similar, or by purchasing and/or commencing the Course.

VALIDITY

Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

 

ASSIGNMENT

You cannot assign these Terms, or otherwise deal with the benefit of them or any rights under them, without our prior written consent. We reserve the right to assign or novate the Terms, or otherwise deal with the benefit of them or rights under them, without your consent.

 

ENTIRE AGREEMENT

These Terms constitute our entire agreement with you about the Course and supersede all previous agreements, understandings and negotiations.

 

GOVERNING LAW AND JURISDICTION

The performance and enforcement of these Terms will accord with the laws in force in the State or Territory in Australia where we are located as indicated on our Site. You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.

 

PRIVACY POLICY

Effective Date 10 March 2021

 

Your Privacy and Jillian Dinkel Pty Ltd (ABN 20 642 438 417) (referred to in these terms as ”Jillian Dinkel”, “we”, “us”, and “our”).

 

Who we are and how you can contact us

We are Jillian Dinkel and we are based in Mosman, New South Wales. We are committed to protecting your privacy, which means that we will respect and uphold your rights when you use this Site. This Privacy Policy applies to the information you provide to us, including when you access and use our services, either via our Site (https://jilliandinkel.com/) (“Site”) or directly.

 

This Privacy Policy explains how we collect, hold, use and disclose data and comply with the requirements of the Privacy Act 1988 (Cth). It also constitutes part of our Website Terms & Conditions. This Privacy Policy does not cover information that you submit on other websites, even if we communicate with you on those sites. For example, any social media posts are governed by the privacy policies on those platforms, and are not governed by this Privacy Policy.

 

You can contact us for privacy-related concerns through our Contact Form.

We will only use your personal information in compliance with Australian Privacy Laws (Privacy Act (1988 (Cth)), Australian Privacy Principles and, to the extent applicable, with the EU General Data Protection Regulation (GDPR) and any replacement legislation or regulation, or guidelines and standards governing the use, storage or transmission of personal data.

 

Our Role in your Privacy

Whether you are a Client of ours and use our services, or simply a visitor on our Site, this Privacy Policy will apply to you.

 

Our Responsibilities

As we are the providers of the services on this Site, we determine how and why your data is processed. We do not sell or rent your details to any third parties. We are committed to protecting your privacy and we want you to know exactly what information is collected and how we use it.

 

Your Responsibilities

Please read this Privacy Policy and the Website Terms & Conditions. If you provide us with any data relating to a third party, you confirm that you have the right to authorise us to process that data on your behalf in accordance with this Privacy Policy.

 

When and How we collect Data

From the moment you visit our Site, we are collecting data, sometimes you might provide this data by completing a form or setting up an account, otherwise we might collect the data automatically. We may also collect data when:

• You engage our services
• You complete any sign-up forms, application forms or an email to any of our nominated emails
• You participate in any request for additional data such as client surveys
• You accept our cookies and other tracking technologies on any device you use to interact with us
• You voluntarily submit your data to us for any reason

 

Types of Data we may collect (including automatically) may include

• Personal details (e.g. name, date of birth)
• Contact details (e.g. residential address, postal address, email address, contact number)
• Financial information (e.g. bank details, credit card details)
• Data that identifies you (your IP address, login, browser type, time zone, browser plugins, geolocation, operating system and version) - we do not link this with any personal Data
• Data on how you use our Site (URL clicks,  services views, how long you are on our pages and other actions)
• Data relating to your communication with other users of our services
• Information to verify your identity (e.g tax file number, drivers licence or passport)

 

How and why we use your Data and disclosure

Under data laws, we are only allowed to use your data for specific reasons and where we have the legal basis to do so.

 

We will use your data for the purposes it was collected and related purposes including:

• To run our Site
• Provide you with products, information and services
• Customer support
• Make your experience on our Site more efficient and enjoyable
• Market research e.g. we may contact you for feedback about our  services
• Provide you with information about events, other products or services or opportunities that may be of interest
• Marketing (with your consent)
• Monitor your compliance with our Website Terms and Conditions

 

We may disclose your data for the purposes it was collected and also:

• As required by law subject to our obligations
• With your consent
• Within our business
• Send you marketing material (with your consent)
• To enable us to provide our services by sharing it with third parties

 

Sensitive information

 

Where we collect sensitive information, it will be strictly for the purposes necessary to enable the use of or access to our services and as authorised or required by law or where you have consented to such disclosure. Sensitive information that we collect may include information about your gender, race, ethnicity, religious, political and philosophical beliefs, legal capacity, finances and health.

 

Google Analytics

 

We use Google Analytics functions. You can find out how your data is collected here and there are instructions here on how to opt-out of Google Analytics data tracking.

 

Our use of Google Analytics may include but is not limited to display advertising and remarketing. You may see our adverts across the internet, this is due to the use of tracking technologies (cookies) to optimise and serve our adverts based on past visits to our Site. When you log onto our Site, we, with the help of Google Analytics, use your browsing behaviour to connect this with other data that you previously provided to us in accordance with this privacy policy.

 

 

Facebook

We use Facebook Insights to track your interaction with our Facebook page, which will allow us to track usage and improve the performance of our page. We will use Facebook Analytics to better measure, track and understand customer user experience to enable us to improve the services that we offer. You can check out Facebook’s privacy policy here and if you want to opt out of seeing ads on Facebook based on information we have received, you can control this in your ad preferences here.

 

Choose not to provide personal data

You can choose not to provide us with any personal data. If you do this, we will not be able to provide you with any services, however, you can continue to use our Site and browse the pages of our Site.

 

Turning off cookies

Our Site uses cookies and similar technologies to provide certain functionality to our Site. You can turn off cookies by activating the setting in your browser that allows you to do this. You can also delete cookies through your browser settings. If you do decide to turn off cookies, you can continue to use the Site, however, certain services may not work as effectively.

 

Don't want marketing?

We will always let you know before we collect any data from you what the intended use is and if we intend to use it for marketing and if third parties are involved we will obtain your consent (which you can withdraw at any time). You can change your mind about marketing material by opting out by:

1. completing the contact us form on our contact page; or
2. by unsubscribing within the email if you have previously subscribed to our newsletter.

 

Your rights

You can exercise your rights at any time by contacting us through our Contact Us Form.

 

You can access information we hold about you

We will provide you with the information within 30 days of your request, unless doing so would adversely affect the rights and freedoms of others (e.g. another person’s confidentiality or intellectual property rights). We will tell you if we can't comply with your request and why.

 

Inaccurate information

You can contact us to ask us to correct any information we hold about you, that you believe is inaccurate.

 

Objections to using data for profiling or automated decisions

We may use your data to determine what services are relevant to you (e.g. tailoring our emails based on your behaviour). Otherwise, the only circumstances in which we will use this data is to provide our services to you.

 

You have the right to be forgotten

You have the right to request that your data be erased. This means we have to delete all information that we hold about you, except to the extent of any information we are required to hold due to our legal obligations.

 

You have the right to make a complaint regarding the use of your data

If you have any complaints regarding how your data is handled, please contact us through our Contact Form. If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner.

 

 

How secure is the data collected?

We realise that our customers trust us to protect their data and whilst we cannot guarantee the security of any information you transmit to us, or receive from us, we take that task seriously and maintain reasonable and appropriate physical, electronic and procedural safeguards to help protect your data. This includes the following:

• Storing electronic data with reputable third party storage providers who have appropriate security protections
• Limit access to personal information to individuals who need to know.
• Using payment providers who are PCI DSS compliant
• We do not store your payment details

 

Where we store data

We use service providers based in Mossman, Australia. If we transfer personal data outside of Australia, we will ensure that your privacy rights are adequately protected by ensuring these service providers have the same or similar measures in place to protect data shared. 

 

How long we store data for

We will keep your data for as long as we need it and this period will also depend on your interactions with us. If you have made a purchase with us, we will keep a record of your purchase for the period necessary for invoicing and tax purposes. When we no longer need to keep your information, we will delete it permanently or anonymise Data which is no longer necessary.

 

Third parties who process your data

We share data with third parties in the following circumstances:

• Other companies in our group of companies, as necessary to operate our Site
• Our suppliers and service providers working for us e.g. payment processors
• Our professional and legal advisors
• Third parties engaged in fraud prevention and detection
• Law enforcement or other government authorities
• Share with third parties who enable us to provide our  services which may include:
• payment processors such as Stripe, PayPal, Xero, Shopify who may process your payment for any  services bought from us;
• Social media and analytics such as Facebook, Instagram and Google Adwords for purpose of custom audience generation and the development of targeting criteria;
• Where we have your consent to do so or otherwise where we are legally permitted to do so.

 

Payment Security

All of our real-time credit card authorisations are handled by secure third-party gateway providers and these are secured by the highest level of security. The following measures are taken to protect your data:

•  Payments are fully automated with an immediate response
•  Your complete credit card number cannot be viewed by us or any outside party
•  All transaction data is encrypted for storage within our third party gateway suppliers bank-grade data centre, further protecting your credit card data
•  Our third party gateway provider is an authorised third party processor for all the major Australian banks
•  Our third party gateway provider will at no time touch your funds, all monies are directly transferred from your credit card to the merchant account held by us

 

We use third-party gateway providers that are widely respected for providing secure and reliable online payment solutions. We have chosen to deal with the best so you can feel safe that your personal information is kept safe and secure at all times. While we attempt to protect the information in our possession, no security system is perfect and we cannot promise that information about you will remain secure in all circumstances.

 

The Payment Card Industry Data Security Standard (PCI DSS) is an information security standard for all organisations that handle branded credit cards from major card schemes. PCI DSS is a standard mandated by the card brands like Visa, Mastercard, American Express and Discover and is managed by the PCI Security Standards Council.

 

PCI-DSS requirements help ensure the secure handling of credit card information through our Site and the service providers.

 

Age of consent

By using this Site, you warrant that you are at least 18 years of age. We accept no liability should our Site be accessed or used by anyone under the age of 18 and we do not knowingly collect data from anyone under the age of 18.

 

Cookies and how to block them

We use cookies, which helps us improve the services we provide.

 

What are cookies?

Unfortunately, they are not the edible kind! “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. Cookies can also be used to analyse traffic and for advertising and marketing purposes. They do not harm your systems and the HELP function in your browser will tell you how to restrict or block the cookies. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. If you use browser settings to block all cookies, you may not be able to access all or parts of our Site.

 

Web Beacons

We may use web beacons (or clear gifs) on our website and in our emails. So basically when we send emails, we have the ability to track behaviour such as who opened the emails, who clicked the links and collection information such as your IP address, your browser or email type, we then put this information together to improve the performance of our email campaigns and provide you with better services specific to your needs. You will always have the ability to opt out of any emails we send just click the link in the email that says “unsubscribe”.

 

Governing law

This Privacy Policy and your use of this Site is governed in all respects by the laws of Australia.

 

The End

If you are reading this, well done! You got to the end of this Privacy Policy. Kudos to you.

 

Updates to our Privacy Policy

Please make sure to check in on our Privacy Policy periodically, as we may update it from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. We will always ensure that the current date of the Privacy Policy, also known as the “Effective Date”, is prominently displayed at the very top so you know when this version came into effect.