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Terms of Use

Thank you for visiting the janemckaycommunications.com.au website (the “Website”) and for reading these Terms of Use carefully before using this Website.  By using this Website, you agree to be bound by all terms and conditions contained herein, as well as by our Privacy Policy without alteration. If you do not agree to these Terms of Use or our Privacy Policy, please do not access or otherwise use this Website.

 

Last updated: September 17 2020

 

1.Use of material on the Website

1.1 Links to other websites

The Website may reference information that can be useful to you via links to other websites owned and operated by third parties, which are not under the control of Jane McKay Communications. Jane McKay Communications does not claim responsibility for the privacy and security practices of these other websites, nor for the nature of the content contained therein. Links to other websites are provided as a convenience to you and do not constitute endorsements by Jane McKay Communications of those websites’ policies, content, or services.

 

1.2 Website materials

(a) Except for the limited use set out in 1.2(b) you may not use the Website, or the material contained on it, for any purpose. This includes:

(i) The reproduction of the material in any material form;
(ii) The distribution of the material in any material form;
(iii) Re-transmission of the material by any medium of communication;
(iv) Uploading and/or reposting the material to any other website;
(v) “Framing” the material on the Website with other material on any other website.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Use.

(b) Notwithstanding the above restrictions on the use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trademark notices contained on the material.

(c) You may not modify or copy:

(i) The layout of the Website; or
(ii) Any computer software and code contained in the Website.

(d) Jane McKay Communications reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it.  The material provided on the Website is provided for personal use only and may not be:

(i) Re-sold and/or re-distributed in any material form;
(ii) Stored in any storage media; and/or
(iii) Re-transmitted in any media,

without the prior written consent of Jane McKay Communications.

 

1.3 Disclaimer

(a) The use of this Website is solely at your discretion. Jane McKay Communications is making the Website available for others to publish information without assuming a duty of care to others.  Nothing on this website should be taken to constitute professional advice and Jane McKay Communications gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or any linked websites.

(b) To the full extent permitted by law, Jane McKay Communications disclaims any and all warranties, express or implied, regarding:

(i) The accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked websites; and
(ii) Merchantability or fitness for any particular purpose for any service, practice or product contained or referred to on the Website and/or on any linked websites.

(c) Jane McKay Communications will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

(i) Acting, or failing to act, on any information contained or referred to on the Website and/or any of the linked Websites; and
(ii) Using or acquiring, or your inability to use or acquire, any service practice or product contained or referred to on the Website and/or any linked websites.

 

 

(e) The author and publisher of this site (Jane McKay Communications) and the accompanying resources and materials have used their best efforts in preparing this site. the owner and publisher make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this site. The information contained in this site is strictly for educational and informational purposes. Therefore, if you wish to apply ideas contained in this site, you take full responsibility for your actions.

Every effort has been made to accurately represent these products and their potential. Even though marketing / information can produce great returns in terms of earnings, there is no guarantee that you will earn any money using the techniques and ideas in materials, techniques, products or advice found on or through this site. Examples that may be given in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person or persons using our product, ideas and techniques. We do not purport this to guarantee a return on investment.

Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

Materials in our products and on our site may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect”, “project”, “intend”, “plan”, “believe”, and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

Any and all forward looking statements here or on any of our promotional materials are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques or materials at all.

The owner of Jane McKay Communications disclaim any warranties (express or implied), merchantability, or fitness of materials expressed for any particular purpose. The owner and company shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided as is, and without warranties.

As always, the advice of a competent legal, tax, accounting or other applicable professional should be sought before using any materials found here or elsewhere.

The company and owner do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this site.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

This site is copyrighted by Jane McKay Communications. No part of this may be copied, or changed in any format, sold, or used in any way, online or offline, other than what is outlined within this site, under any circumstances without express permission from Jane McKay Communications.

 

Wherein, you understand that:

(a) In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

(b) You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

(c) Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

(d) Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

(e) Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

(f) You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorised activities conducted by you, as explained above, and may incur criminal or civil liability.

(g) We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
(i) Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
(ii) Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
(iii) Contains any type of unauthorised or unsolicited advertising;
(iv) Impersonates any person or entity, including any https://www.janemckaycommunications.com.au/ employees or representatives.

We have the right at our sole discretion to remove any content that we feel in our judgement does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

(h) We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of https://www.janemckaycommunications.com.au/ and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

(i) You agree to indemnify and hold harmless https://www.janemckaycommunications.com.au/ and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

1.4 Website Availability and Disclaimer

(a) Jane McKay Communications strives to make this Website available and functioning properly at all times.  However, access to the Website may, from time to time, be unavailable, delayed, limited, or slowed due, among other things, to hardware or software failures, system overloads, power or communication interruptions, or other causes beyond our control.

(b) The use of this Website is at your own risk.  does not warrant, guarantee or make any representation that:

(i) The Website, or the server that makes the site available on the internet are free of software viruses, malware, spyware, adware malicious code;
(ii) The functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(iii) Errors and defects in the Website will be corrected.

(c) The materials published on this Website may contain inaccuracies or typographical errors. Due to mechanical and human error, as well as other factors, this Website is provided “as is.” Jane McKay Communications will not under any circumstances be liable for any sort of loss or damages arising out of:

(i) Errors or omissions in the Website and/or linked websites;
(ii) Delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(iii) Defamatory, offensive or illegal conduct of any user of the Website,

whether caused through negligence or any other cause.

(d) You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

 

 

1.5 Limitation of Liability

Clause 1.3 and/or clause 1.4 may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law.  To the full extent permitted by law Jane McKay Communications’ liability for any implied warranty or condition is limited, at the choice of Jane McKay Communications, to one or more of the following:

(a) If the breach of an implied warranty or condition relates to services:

(i) The supply of the services again; or
(ii) The payment of the cost of having the services supplied again; and

(b) If the breach of an implied warranty or condition relates to goods:

(i) The replacement of the goods or the supply of equivalent goods;
(ii) The repair of such goods; or
(iii) The payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

1.6 For educational and Information Purposes only 

As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

 

1.7 No Guarantees as to Results

As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognise that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

 

1.8 Shop Templates and Design Assets

Each design template is copyrighted by Jane McKay Communications and cannot be sold, redistributed or given away unless otherwise permitted by the owner. All credit for the designed must be attributed to Jane McKay Communications,  as appropriate. If you are not sure about the use of templates or whether a Commercial License is required, please reach out to support@janemckaycommunications.com.au.

Shop items once purchased are non-refundable. This is because full access is immediately granted. If you have any concerns or questions please email us directly.

Buyers and members are not allowed to share template links, or claim any designs as their own, even with the purchase of the commercial license.

 

1.9 Use of Paid Courses, Programs and Associated Material

The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

 

2.0 Use of Free Downloadable Content

The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Free Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Free Content in any manner.

By downloading the Free Content, you agree that the Free Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By downloading the Free Content, you further agree that you shall not create any derivative work based upon the Free Content and you shall not offer any competing products or services based upon any information contained in the Free Content.

2.1 Use of information gathered

Jane McKay Communications respects your privacy.  Please see our Privacy Policy for details on the use of information obtained from this Website.

(a) Jane McKay Communications and/or authorised persons may gather and process the information obtained from this Website:

(i) Which you may provide when accessing the Website, such as your name, address, email address and other personal information about you; and
(ii) Regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website; and
(iii) To monitor all network traffic to this Website in order to identify and block any unauthorized or malicious activities.

(b) You agree to the collection and processing of information acquired in accordance with para (a).

 

2.2 Updates to Terms of Use

Jane McKay Communications reserves the right to change these Terms of Use:

(a) With or without further notice to you; and

(b) Without giving you any explanation or justification for such change.

 

2.3 Jurisdiction

If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.

(a) These Terms of Use will be governed by and interpreted in accordance with the laws of Victoria, without giving effect to any principles of conflicts of laws.

(b) You agree to the jurisdiction of the courts of Victoria to determine any dispute arising out of these Terms of Use.