In this policy, “us”, “we”, or “our” means N & K Fennell Pty Ltd (ABN 22 142 972 165) (operating as Kylie Fennell and owner of the HOWTOMARKETING™ brand), operator of this website (or “site”). We invite you to access and use our websites, including, without limitation, injust5.com, howtomarketing.com.au and kyliefennell.com (the “Websites”).
Any user who registers with us (each, a “Registered User”) or purchases a product or service through one of our Websites, is agreeing to the terms of this Agreement.
We may change part or all of the Terms at any time. The most current Terms will always be posted on the Websites. Your subsequent or continued use of the Websites will constitute your acceptance of any changes made to these terms. If you object to any of the terms in this document, or to any changes made to them, your only remedy is to immediately cease use of and access to the Websites.
These terms were last updated on 28 November 2017.
These terms shall be construed in accordance with and governed by the laws of Queensland, Australia. You consent to the exclusive jurisdiction of the courts in Queensland to determine any matter or dispute which arises under these terms.
While we make every reasonable effort to ensure that the Websites are available and fully operational at all times, we do not make any representation or warranty that your access will be uninterrupted or error free. Your access to the Websites may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
We reserve the right to change or discontinue any feature or service on the Websites at any time without notice.
We reserve the right to terminate your access to the Websites and prevent further access without warning or notice in response to breaches of this policy by yourself, breaches of any applicable laws, or suspicious activity.
You must not use, or attempt to use the Websites:
- in breach of any applicable laws of the State of Queensland, Commonwealth of Australia, or local laws in your jurisdiction
- to impersonate any person or entity
- to solicit money, passwords, personal information or other property from any person or entity
- to harm, abuse, harass, threaten, stalk, intimidate or offend any person or entity
- to publish or facilitate publication of personal information of a third party without their consent
- to publish or facilitate publication of material for which you do not have ownership, title, or consent from the owner or title holder to do so
- to publish or facilitate publication of pornographic or offensive material
- to publish or facilitate publication of material including viruses or other computer code, files, or programs designed to interrupt or damage the functionality of computer software or hardware
- to publish or facilitate publication of advertising material for yourself or any other party without our express consent to do so.
- Breaching of these rules of conduct may result in termination of your access to the Websites and prevention of further access without warning or notice.
The copyright for all content at this site is owned by Kylie Fennell and In Just 5 © 2015-2016. All rights reserved
Except where expressly provided to the contrary by these terms, you do not have any right, title or interest in or to any proprietary rights relating to the Websites.
The Websites may contain material that is protected by copyright, trade mark, and other laws. Except where expressly provided to the contrary, you may only reproduce and distribute the material on the Websites for your own personal, non-commercial use. Material published on or sourced from the Websites must not be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or in part without our prior written consent, with the following exceptions:
- Where such use, reproduction, etc, constitutes Fair Use under the Copyright Act
- Where such use, reproduction, etc, is undertaken by normal processes on your computer only (such as your web browser’s cache).
If you’d like to repost one of our articles or content, please don’t use it word-for-word and instead link back to our relevant site. Duplicate content can negatively affect your Google rankings and our’s.
Contact Us for requests for other content re-use or further information.
6. THIRD PARTIES
Certain areas of the Websites may contain links to external websites. These external websites do not form part of our Websites and are not within our control. We do not accept any responsibility for the contents of any third party website.
Certain areas of the Websites may display third party advertising. Our display of this advertising should not be construed in any way as an endorsement or recommendation of the advertising network, advertiser, or their products or services.
Certain areas of the Websites may provide the ability to contact third parties. If you contact any third party as a consequence of visiting this website, we do not accept any responsibility for any communications or activity (including but not limited to business transactions) between yourself and the third party.
7. LIMITATION OF LIABILITY
Your use of the Websites is undertaken at your own risk.
To the extent permitted under the Trade Practices Act 1974 and other relevant legislation, the Websites and all information, content, materials, products and services included or otherwise made available are provided on an ‘as is’ basis, unless otherwise specified. We make no representations or warranties of any kind, express or implied, as to the accuracy of information on the Websites
By continued use of the Websites you agree that we will not be held liable for any damages of any kind arising from the use of the Websites or from any information, content, materials, products or services therein, unless otherwise specified in writing.
In the case of goods or services supplied or offered via the Websites, our liability will be limited to the amount paid by yourself (excluding any shipping and/or handling charges) for those goods and services.
The information contained on our Websites is general and/or based on personal experiences and is not intended to serve as advice. No warranty is given in relation to the accuracy or reliability of any information. Users should not act or fail to act on the basis of information contained herein. The facts of every situation will be different and you must satisfy yourself that this information is appropriate for the particular case or circumstances for which you intend to use the information. It is the user or purchaser’s responsibility to fully and completely research any suggestions, tactics, plans or strategies before undertaking action. Users are encouraged to consult with a relevant professional for advice concerning specific matters before making any decision.
We do not warrant that this information is entirely free of defects or fit for any specific purpose and we do not accept any liability for any errors or omissions in the information and any loss, injury or damages resulting from or connected with the use of the information.
In the preparation of the Websites every effort has been made to offer the most current, correct and clearly expressed information possible. Nonetheless, inadvertent errors can occur and applicable laws, rules, technology, the marketplace and regulations may change.
The end user of the Websites should use the contents and the materials as a general guideline and not as the ultimate source of current information. Any case studies, examples, illustrations cannot guarantee that the user will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.
13. UNSOLICITED EMAILS
Electronic addresses are published on the Websites for professional communications only and do not constitute an invitation to send unsolicited commercial emails which do not relate to our business.
1. MINIMUM AGE AND LEGAL CAPACITY
Purchasing products or services on the Websites is restricted to individuals 18 years of age or older. Individuals below the age of 18 may have purchases made on their behalf by a parent or guardian.
Should we suffer any loss or damage as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
2. ACCURACY OF PRODUCT DESCRIPTION
All products and services listed on the Websites are described to the best of our abilities and using the information available to us at the time. Care is taken to ensure that this information is correct, but we cannot eliminate the possibility of:
- Human error in entry of information
- Incorrect information provided to us by suppliers or distributors
- Failure of suppliers or distributors to supply updated information to us
We reserve the right to change any information including but not limited to pricing, specifications, descriptions, or product names without notice.
All orders are placed in Australian dollars.
In the case that you pay for an order with your credit card, we do not store your credit card number on our servers, however it may be retained by our payment gateway provider in circumstances where this is required.
In the case of offline payment, we will contact you to arrange payment. This process must be completed before your order can be fulfilled.
In cases where your payment for an order fails for reasons including but not limited to insufficient card credit, or cheque dishonour, your access to membership or resources may be paused or cancelled until payment issues rectified.
4. PRICES AND TAXES
Prices are displayed to Australian visitors of the Websites (unless otherwise marked) including GST if applicable to the product, and in Australian Dollars.
If we determine that you are in a foreign country, we may display prices to you without GST and/or in alternate currencies.
5. RETURN POLICY
In the case of purchase of a product from the Websites which satisfies one or more of the following cases we will gladly arrange a refund or exchange of the product:
- The product proves faulty within 14 days of receiving the product and/or date of invoice
- The product does not match its description as provided when sold
- The product received is not the product ordered
Please contact us immediately if any of the above occurs to arrange a return. Products returned without prior notice will be rejected.
Please ensure that returned products are safely packed in their original packaging. We will not be held liable for damage to products incurred during return shipping.
6. TAX INVOICE
Upon completion of your order, we will supply a Tax Invoice to you in the form of an email. Please ensure that the email address you have provided us is correct.
You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.
8. LIMITATION OF LIABILITY
Under no circumstances will we be liable for any direct, indirect, incidental, consequential or other damages or injury resulting from the purchase, delivery, use, or return of any product or service purchased from the Websites beyond the value of the item purchased, including but not limited to loss of profits or interruption to business.
10. PAYMENT PLANS
Full access to any product purchased using a payment plan (where offered) ‘may’ be restricted if payment fails. Failure to make all payment ‘may’ result in exclusion from any paid product forums or groups.
11. PARTICIPATION IN FREE AND PAID GROUPS, FORUMS AND INTERACTIVE AREA’S
You agree that you will not:
- Use our forum, private Facebook group or any other user interactive area of our Websites for any illegal purpose.
- Place any material in our forum, private Facebook group or any other user interactive area of our Websites that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party.
- Place any material in our forum, private Facebook group or any other user interactive area of our Websites that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person,
- Place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, private facebook group or any other user interactive area of our Websites.
- Place materials in our forum, bulletin board, chat room, or any other user interactive area of our Websites that are disruptive or off-topic.
We appreciate comments and feedback but need to ensure that all comments are relevant and respectful towards are readers and the general community.
We will remove any comments that are:
- Harassing: it’s fine to share different ideas and opinions but all comments need to be respectful towards our contributors and those leaving comments.
- Anonymous: you need to identify yourself if you’re leaving a comment.
- Promotional: you can’t promote products, services or businesses or provide backlinks to these in your comments.
- Nonsensical of spammy: comments need to be legible and make sense to the reader. We don’t accept spam or jibberish.
We reserve the right to remove any comments from our Websites. You can contact us for any questions about our commenting policy.
We are committed to the protection of your personal information. The data we collect will be handled sensitively and securely in accordance with our privacy policies, which comply with our legal obligations.
- What information do we collect?
We collect information from you when you place an order or subscribe to our newsletter.
When ordering or registering on our Websites, as appropriate, you may be asked to enter your: name, e-mail address, phone number or credit card information.
2. What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
You can access your personal information and may update your records at any time.
Other personal information held by us may include any resumes you send to us. This data is used primarily for internal purposes.
You can choose to not receive this information at any time by either emailing us at email@example.com.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
3. What other information do we collect and how do we use it?
How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site (eg. via facebook) or request certain features, such as newsletters or when you make a purchase. You may provide information when you participate in sweepstakes and contests, message boards and chat rooms, and other interactive areas of our site. Like most websites we also collect information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognise you and hold information from your visit. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customise the site’s features according to your preferences. You may also opt out of our mailing lists and promotional emails we send at any time.
5. Facebook Conversion Tracking
Facebook Conversion Tracking Pixel With your permission, our website utilises the Conversion Tracking Pixel service of Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA (“Facebook”). This tool allows us to follow the actions of users after they are redirected to a provider’s website by clicking on a Facebook advertisement. We are thus able to record the efficacy of Facebook advertisements for statistical and market research purposes. The collected data remain anonymous. This means that we cannot see the personal data of any individual user. However, the collected data are saved and processed by Facebook. We are informing you on this matter according to our information at this time. Facebook is able to connect the data with your Facebook account and use the data for their own advertising purposes, in accordance with Facebook’s Data Use Policy found under: https://www.facebook.com/about/privacy/. Facebook Conversion Tracking also allows Facebook and its partners to show you advertisements on and outside Facebook. In addition, a cookie will be saved onto your computer for these purposes. Only users over 13 years of age may give their permission. If you are younger than this age, please consult your legal guardians. Please click here if you would like to revoke your permission: https://www.facebook.com/ads/website_custom_audiences/
6. Disclosing your information
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our Websites, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our Websites’ policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
7. Maintenance and provision of records
We will ensure that all personal information is recorded, kept and made available for inspection in accordance with our obligations under the Privacy Act 1988.
8. Correcting or updating your personal information
You may access and update your information by emailing us at firstname.lastname@example.org.
The security of your personal information
We conduct periodic reviews of the personal information contained in our records to ensure that the information is accurate, complete and up-to-date.
We will take all reasonable steps to protect your personal information by:
+ Keeping information secure
+ Establishing clear guidelines as to who can access personal information and under what circumstances
+ Using passwords, virus protection software and firewalls for computer records
+ Destroying or de-identifying any information that is no longer needed
+ Ensuring staff understand their privacy obligations to prevent unauthorised access.
We will only transfer personal information about an individual to a recipient in a foreign country if the individual consents to the transfer.
9. Affiliated sites, linked sites and advertisements
Children we do not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe we habe any information from or about anyone under 13, please contact us at the address listed below. We can be reached by contacting: Email: email@example.com
If we receive a product or service for free from a company or were compensated for including their product on our Websites, we will disclose that the first time we use the product or service on this site. If we are sponsored to attend an event for free or at a reduced price, we will mention the sponsor in accordance with the sponsorship agreement. In most cases, product or service mentions are completely uncompensated and when they aren’t, they are clearly marked.
We do from time to time partner with likeminded businesses and affiliates that we believe may benefit our readers and customers. For this reason, we do include affiliate links on our Websites, if you purchase the product or service after clicking through, we may get a small percentage of the sale with no charge to you.
Giveaways are sponsored and fully managed by the organisations we partner with. We are not liable for how our partner or affiliate organisations manage their business or giveaways.
Sponsored content will be cleared marked and we will try where possible to ensure it fits within our brand promise.
This policy and the use of our websites are governed by Queensland law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Queensland Australia. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Queensland Australia, under the rules . Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
© 2017 Kylie Fennell. All rights reserved.