Terms and Conditions
Effective Date: 1 June 2023
Welcome to Jess Clark (Site).
This Site is owned and operated by Jess Clark [ABN 50 739 836 197], trading as Jess Clark (referred to in these terms as "Jess Clark," "we," "us," and "our"). These terms of use ("Terms") are to be read alongside the general terms and conditions ("General Terms") on our Site. That is, all of the General Terms are also applicable to the aspects of our Site covered under these Terms.
Please take the time to read the Terms that apply to your use and enjoyment of our courses, coaching programs, and other digital products ("Courses"), accessible via our Site. These Terms together with the General Terms and our Privacy Policy apply to all Site visitors, subscribers, customers, and all other users of the Site ("user," "you," and "your").
Where there are discrepancies between the Terms and the General Terms, the Terms shall prevail to the extent of the inconsistency as they relate to our Courses.
ACCESS TO COURSES By accessing and using this Site, our social media channels, and any other materials made available to you or provided to you on this Site, whether made available for purchase or not, you are taken to accept our Terms.
You agree to provide accurate, current, and complete information about yourself as requested or directed on the Site and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your access if we suspect that such information is inaccurate or incomplete.
Your selected Course commences when your application has been accepted by us and you pay the price as displayed on our Site and in accordance with these Terms. We may review and approve or deny your application at our sole discretion. Your selected Course continues until terminated in accordance with these Terms.
You may sign up for the applicable Course using the online application form located on our Site. You will need to make an account to access the selected Course. You are solely responsible for maintaining the security of this account by protecting your password and account information and maintaining the accuracy of the information provided in this account.
You will pay us the fees in full upfront or by installment payments (if applicable) over the term of the Course selected by electronic funds to an account nominated by us or by any other method nominated by us, and on or before the date that the fees become due.
The 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, except as set out below.
ENTITLEMENTS, BENEFITS, AND COMPLAINTS PROCEDURE During your selected Course, we will provide you with certain entitlements, in our sole discretion, that may include but are not limited to video, audio, workbooks, ebooks, and lessons. You consent to receive electronic communication, including by email, SMS, or announcement, for the Courses or marketing purposes.
You are granted access to the selected Courses until such time as these Terms are terminated or the selected Course is taken down. If the selected Course is taken down, we will provide you with [30] days' notice.
During your selected Course, you may also be invited to participate in our online group. In order to be admitted and retain access to the online group, you will be required to comply with the online group rules, including the rules provided by the platform that hosts the group. If you breach the online group rules, your access will be revoked, and depending on the severity of your breach of the rules, your Course may also be canceled. We reserve the right to cease this group with [7] days' notice.
We are committed to providing a high standard of service. If you have any concerns or are dissatisfied with the service you have received and wish to raise a complaint, please submit your complaint through our Contact Us Form, which can be accessed at jessclark.com.au/contact.
Any complaint submitted in accordance with the terms set out above must include the following information at a minimum:
Your name;
The email address you used to apply for the Course;
Details of your concern or complaint;
Details of what you would like us to do to resolve the matter; and
Copies of any relevant correspondence.
We will provide you with an acknowledgment of your complaint within 3 business days of receipt. We will aim to resolve your complaint within 14 business days of receipt. If we are unable to address the complaint within 14 business days, we will write to you to explain what is happening with your complaint.
PRICES AND PAYMENT All prices are as outlined on the Site and are inclusive of any Australian Goods and Services Tax (GST) (if applicable). The prices indicated on the Site may change at any time without advance notice to you. If you have purchased one of our Courses, it will be charged at the price in force at the time your order is validated.
We reserve the right at any time to modify or discontinue any or all of the Courses without notice at any time. We shall not be liable to you for any modification, price change, suspension, or discontinuance of the program, course, product, and/or service that forms part of the Courses.
We may from time to time provide discounted products and/or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued, which may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
REFUNDS Due to the nature of our Courses, refunds may not be practicable. Should you wish to request a refund for the Courses outlined below that accept refunds under circumstances, please email hello@jessclark.com.au outlining the reasons for your refund request.
We will inform you within 14 days of receipt of your request whether a refund is applicable. Where we have determined that a refund is due, we will organize prompt payment via our payment provider. Where a refund has been agreed, all access to the Course will cease, and you must immediately cease using any material provided to you as part of the Course and destroy any copies of such material.
NO GUARANTEES Our role is to support and assist you in reaching your goals; we cannot guarantee that undertaking any coaching or participating in any of the Courses will ensure success. Any success you gain will be dependent on your own efforts, commitment, motivation, and intent to follow through. Under no circumstances can we guarantee a particular result, whether financial or otherwise. You acknowledge and agree that results may differ from person to person. Each person's individual success is completely dependent on their background, dedication, drive, and motivation to succeed as well as many other additional factors. You acknowledge and agree that when you purchase any of the Courses or participate in any Courses, results may vary as there are too many variables to guarantee success. Any client reviews, statements, or examples advertised or available on our Site or via any content we communicate with you (including any newsletter, social media, or other advertising) are merely examples of what can be possible.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES You acknowledge and agree that you will be bound by any affirmation, acceptance, or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely through electronic transmission. You further acknowledge and agree that when you click on or tick "I agree," "I consent," or other similarly worded click or tick options by electronic means using an electronic device such as a mobile phone, tablet, desktop, laptop, or any other device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
DISCLAIMER - INFORMATION AND ADVICE The information provided on our Site and Courses is intended to be for educational purposes only and is made available to you as a means of helping you help yourself. Under no circumstances should the content made available on our Site or our Courses be relied upon as business, financial, or legal advice.
By referencing any programs, courses, products, or services on our Site, including any processes or other information, the Courses do not constitute or imply our endorsement, sponsorship, or recommendation of the programs, courses, products, or services.
You acknowledge and agree that we have not and do not make any representations as to the financial benefits, future income, sales volume, or potential profitability or loss of any kind that may be derived as a result of your use of this Site or the Courses.
PERSONAL RESPONSIBILITY By participating in any Courses or otherwise using our Site, you acknowledge that you are solely and personally responsible for any results you achieve. You further acknowledge and agree that you will undertake your own due diligence and judgment before applying anything you have gained or learned from your use of this Site, the purchase of any Courses, or participation in any Courses, taking into account your own personal circumstances.
TESTIMONIALS On our Site, we present real-life examples and insights of other people's experiences for illustration purposes only, and any results personally achieved are due to the individuals themselves. These testimonials show users what can be possible but are not intended to represent or guarantee that any current or future users of our Courses will achieve the same or similar results.
As part of the Courses, all coaching services are recorded, and we reserve the right to utilise these recordings for our business purposes, including purposes such as training staff and marketing. Our use of the recordings will be in accordance with our Privacy Policy and will not incorporate any sensitive information.
TERMINATION OF COURSES We may terminate your access to the applicable Course with immediate effect if: a) You do not pay the Course fees when due; b) You fail to comply with any of the provisions of these Terms or otherwise breach any undertaking, warranty, or obligation under these Terms; c) Engaging in conduct injurious or potentially harmful to our reputation; d) Disclosing confidential information without consent; e) You fail to conform or abide by our applicable rules, policies, or procedures; f) Your actions are contrary to our interests; or g) We consider that mutual trust and/or confidence no longer exist.
If we terminate your Course, we may, but are not obliged to, refund any pro-rated balance of the applicable Course fee already paid by you.
ENTIRE AGREEMENT The Terms (together with our Privacy Policy, Additional Terms, and disclaimers) contained on this Site constitute the entire understanding and agreement between us and you concerning your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, with respect to this Site and your use of this Site.
INTELLECTUAL PROPERTY
Ownership of Content: All content provided on our Site, including but not limited to Courses, is the property of Jess Clark or its content providers, and is protected by Australian and international copyright laws. This includes, but is not limited to, written content, graphics, designs, information, logos, software, audio, and digital downloads.
Limited License: Upon purchasing or accessing our Courses, we grant you a limited, non-exclusive, non-transferrable license to access and use the content solely for personal, non-commercial purposes. This license does not include any resale or commercial use of the content or its contents, or any derivative use of this content.
Restrictions: You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our express written permission. This includes but is not limited to selling, renting, leasing, or licensing the content or any portion of the content.
No Unlawful or Prohibited Use: As a condition of your use of the Courses and the content, you warrant to Jess Clark that you will not use the content for any purpose that is unlawful or prohibited by these Terms.
Recognition: Unless otherwise stated, Jess Clark and/or its licensors own the intellectual property rights for all material on Jess Clark's Site and Courses. All intellectual property rights are reserved.
GOVERNING LAW AND JURISDICTION All Terms shall be construed in accordance with and governed in all respects by the laws of Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost-effectively, and efficiently as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.