TERMS AND CONDITIONS OF USE
Your participation in the Jumpbooks Program (“Program”) and the use of all Jumpbooks Program Content (“Program Content”), and the Jumpbooks website and membership site at the following URL: www.jumpbooks.com.au (“Website”), is subject to the following Terms and Conditions.
These Terms and Conditions are a binding agreement between you Renee Keys Pty Ltd t/as Jumpbooks (“Company”) (ABN: 94 613 322 446) and are in addition to any other agreement between you and the Company. The Company may modify these Terms and Conditions at any time without prior notice. Your access to and use of the Website and all Program content constitutes your acceptance of these Terms and Conditions.
TERMS AND CONDITIONS
1. DEFINITIONS AND INTERPRETATION
Australian Consumer Law means the Competition and Consumer Act 2010 (Cth) and any applicable regulations, as amended from time to time.
Claim or Claims means any claims, causes of action, losses, lawsuits, damages, liabilities, litigation matters, costs and/or expenses, including legal fees and expenses.
Commencement Date means the date upon which the Program commences.
Consequential Loss means any direct, indirect, incidental, special or consequential damage or loss (including liability for loss of profits, loss of business opportunity, loss of revenue, loss of savings, loss of bargain or loss of data).
Insolvency means bankruptcy or, being a company, entering into liquidation or provisional liquidation whether compulsory or voluntary or compounds with its creditors generally or having a receiver or receiver manager or administrator appointed over all or part of its assets or passing a resolution for winding-up or a petition being presented for its winding-up.
Intellectual Property means all copyright, patents, inventions, discoveries, trade secrets, know-how, concepts, ideas, registered or unregistered designs and/or trademarks, processes, data, formulas, brand names, circuit layouts, databases, work products, company branding or brand names, business names, domain names and all other forms of intellectual property.
Intellectual Property Rights means all present and future rights to Intellectual Property (as defined in these Terms and Conditions) and all other rights to intellectual property as defined under Article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Program means the Jumpbooks online training program, which includes videos and downloadable resources to train customers how to put their bookkeeping on autopilot, including help in using the Xero bookkeeping platform.
Program Fee means the fee of $995AU, or as otherwise specified by the Company on the Website.
Upfront Payment means one upfront payment of the total price of the Program in cleared funds.
Website means the website with the following URL: www.jumpbooks.com.au (and includes the online membership site hosted by the Kajabi platform that only users of the Program have access to).
Website Content means any and all information and content displayed on the membership site or Website, including but not limited to online resources, workbooks, blogs and general information.
In these Terms and Conditions:
(a) Headings and underlinings are for convenience only and do not affect the construction of these Terms and Conditions.
(b) A provision of these Terms and Conditions will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.
(c) Currency refers to AU Dollars.
(d) A reference to a statute or regulation includes amendments thereto.
(e) A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms and Conditions.
(f) A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
(g) The opening paragraph at the top of these Terms and Conditions forms part of the binding terms and conditions of these Terms and Conditions.
(h) A reference to singular includes the plural and vice versa.
(i) A reference to time is to time in Queensland.
(j) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
(k) The words “includes”, “including” and similar expressions are not words of limitation.
2. ENROLMENT IN THE PROGRAM
To enrol in the Program, you must provide your name and email address. If enrolling in the Program, user names and passwords shall be issued for personal use only. The Company reserves the right to decline or refuse enrolment at its sole discretion.
3. YOUR DETAILS AND ENROLMENT
3.2. By registering your details with us, you warrant that you are authorised to enrol in the Program. We reserve the right to terminate your registration without notice, for any reason, if you have breached these Terms and Conditions.
3.3. By enrolling in this Program, you warrant that you have the necessary technology, including a computer that has Internet access and connected speakers that can play audio from the computer.
3.4. The Company will not be responsible for assisting you to access the content of the Program.
4. ENROLMENT AND PROGRAM DETAILS
4.1. By enrolling into this Program, you commit to study, self paced.
4.2. Throughout the Program, you are required to make a full payment as and when your payment obligations fall due. The details of payment arrangements are listed in clauses 5.2 to 5.4 of this Agreement.
4.3. By enrolling in this Program, you are enrolling in an online study program designed to help you put your bookkeeping on auto pilot and use online software and platforms (such as but not limited to, Xero) with ease and efficiency. We note that we are not officially affiliated with Xero in any way and we simply provide instruction and information to help you streamline your business and bookkeeping processes.
5. ACCESS TO PROGRAM CONTENT
5.1. Passwords and Security
To log in and use certain features of the Website, you will need a username and password, which you will receive through the Company’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, Claim or damage arising from your failure to protect your password or account information.
5.2. Payment – General
All prices are in AUD dollars. Prices are subject to change. Any fees and charges incurred as a result of foreign currency transfers in order to pay these fees are at your own expense. The Company will not be liable for, or offer a reduction in relation to, any transfer or foreign currency fees as a result of charges you incur. You can pay for the Program using either the Upfront Payment method (see clause 5.3) or by opting for our Payment Plan (see clause 5.4).
5.3. Payment – Upfront Payment
You must pay in full the Program Fee at the time of your enrolment in order to qualify for our Upfront Payment offer. The Upfront Payment offer entitles you to a discounted price. If you do not make the Upfront Payment at the time of your enrolment, you will need to make payment via our Payment Plan (see clause 5.4). The discount is calculated solely at the discretion of the Company and is subject to change at any time. Should you decide to cancel your enrolment in the Program after the Commencement Date of the Program, the Happiness Guarantee will apply.
6. DELIVERY OF CONTENT
All Program content will be delivered via downloadable Portable Document Form (“PDF”) worksheets, workbooks and/or online training videos. The Program content will be delivered through the Website and can be accessed immediately upon enrolment. Your access to the Help Desk inside the Program within the Website will expire in 12 months from the date of purchase.
7. INTELLECTUAL PROPERTY
By using or visiting the Website and participating in the Program, you acknowledge and agree that:
7.1 The Program (and Program Content and Website Content) is owned the Company, is the Intellectual Property of the Company and is protected by the Copyright Act 1976 (Cth) and other applicable Intellectual Property laws. The Company retains all Intellectual Property Rights to the Program.
7.2 The Program Content and Website Content is intended for your personal, non-commercial use only. It is intended to be used for the specific use of implementing a financial record keeping and bookkeeping system in their business The Company grants you a limited, non-exclusive, revocable, non-sublicensable licence for that purpose only.
7.3 The Program Content and Website Content, including all text, graphics, video, audio, software code or logos, is not intended for distribution and you must not, unless explicitly authorised in these Terms and Conditions alter, modify, copy, republish, reproduce, transmit, post, rent, lease, sell, distribute, commercially exploit or create any derivative works. You may, however, from time to time, download and/or print one copy of individual pages of the Website and workbooks for your personal, non-commercial use in accordance with clause 7.2, provided that you keep intact all copyright and other proprietary notices.
7.4 The Company reserves the right the change the Program Content and/or Website Content without notice to you.
8.1 The Company reserves the right to terminate your access to the Program, Program Content and Website Content at any time in the event that:
(a) you are in default of any payment obligation, including your payments not being able to be processed by PayPal or Stripe (or the applicable payment gateway used by the Company from time to time);
(b) you sell or redistribute the Program content to any other person or organisation without the Company’s authorisation;
(c) you provide access to the Program content by providing your login details to another person without the Company’s knowledge and express permission;
(d) you fail to remedy a breach of any non-payment related obligation within 7 days of having been given written notice to remedy the breach by the Company;
(e) you become unable to pay your debts as and when they fall due; or
(f) you commit an act of Insolvency.
8.2 In the event of a default as listed in clause 8.1, the Company may, without prejudice to any other rights or remedies available to it under these Terms and Conditions or otherwise, by notice in writing to you:
(a) suspend access to the Program and require full or partial payment in advance for the remainder owing (in the sole discretion of the Company) before access is granted again;
(b) Retain monies paid by you;
(c) Claim immediate payment of all monies due in respect of the Program, which are then immediately due and payable notwithstanding the due date or dates or payment;
(d) Terminate this Agreement;
(e) Continue to enforce its rights (including taking debt recovery or court action) and recover from you such payments and any other amounts owing as and when they fall due.
9.1 The Program and Website are not intended to provide specific or customised legal, tax, bookkeeping or financial advice. You are solely responsible for determining whether any strategy, advice or process is appropriate for you based on your personal financial circumstances and objectives. You should obtain independent legal, tax, bookkeeping and financial advice regarding your specific situation before acting on any advice. If any information or advice that may constitute financial advice is given in the Program, such advice is not authorised or endorsed by the Company.
9.2 The Company does not guarantee you will earn any specified revenue, profit or income as a result of your enrolment in the Program. The strategies and examples promoted by the Company are unique to particular businesses, circumstances and products. Any income earning potential will be based on your skill level and the particular business or product you are marketing.
9.3 Whilst the Company has made every effort to ensure the accuracy of the information on the Website, the Program Content, the information and content is subject to change without notice. The Company does not provide any representation or warranty that the content or information is accurate, complete or up to date.
9.4 The Company will not be held liable (and you release the Company, its officers, agents, contractors and representatives) for any errors in the material displayed on the Website or in the Program or Program Content. Further, the Company will not be responsible or liable for any actions you take in reliance on the Program Content and/or Website content or any loss or damage or Claim that may arise directly or indirectly from the Program, Program Content and/or Website Content.
9.5 The Website and Program are continually under development and the Company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. You acknowledge and agree that no representation has been made by the Company or its affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in this Program.
9.6 The Website Content and the Program Content is for general information purposes only and is current at the time of first publication. You are responsible for determining the validity, quality and relevance of any information, material or service before acting or relying on it to ensure that it meets your particular requirements.
9.7 The Website may feature third party advertising or content. The Company does not control the content or accuracy of information on such websites. The Company does not in any way represent that the advertiser and their products or services are endorsed or recommended by the Company. Links are provided for your reference only and the Company excludes all liability and responsibility for the content or operation of these third-party websites.
9.8 The Website may feature third party presentations or knowledge from third party sources. The Company does not control the content or accuracy of information in such presentations. The Company does not in any way represent that the third-party presenter or source and their products or services are endorsed or recommended by the Company. Presentations are provided for your reference only and the Company excludes all liability and responsibility for the content or operation of these third-party websites.
10 LIMITATION OF LIABILITY
10.1 Your participation, correspondence or business dealings with any Program member or other third party found on or through the Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that the Company shall not be responsible or liable for any loss, damage, Claim or other matters of any sort incurred as the result of such dealings.
10.2 You specifically acknowledge and agree that the Company is not liable for any defamatory, offensive or illegal conduct of any user of the Website or Program. If you are dissatisfied with the Website, Website Content, Program or Program Content or with any of these Terms and Conditions, your sole and exclusive remedy as against the Company is to discontinue using the Website and/or Program.
10.3 Subject to clause 9.4, the Company, its subsidiaries, parent companies and/or affiliates shall not be liable for any Consequential Loss that results from the use of, or inability to use the Website, the Program, the Website Content and/or the Program Content including all of its materials, products or services, or third party materials, products or services, made available through the Website and Program even if the Company is advised beforehand of such damage or loss or Claim.
10.4 In any event, the Company’s total liability under these Terms and Conditions (if any) is limited to the total amount paid by you to the Company in respect of the Program.
10.5 All terms, conditions and warranties that are implied by statute as excludable are excluded from these Terms and Conditions. Such terms, conditions and warranties implied by statute (or categories of damages) that are not excludable (including any non-excludable guarantees pursuant to the Australian Consumer Law, if applicable) are not excluded from these Terms and Conditions however the Company’s liability for such terms, conditions and warranties implied by statute (or categories of damage) that are not excluded is limited to the total amount paid by you to the Company (see clause 10.4), under these Terms and Conditions.
You agree at all times to defend, indemnify and hold harmless the Company, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all Claims, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions, your use of the Website or Program Content or arising from your own conduct, except where the Claims are directly and solely attributable to the gross negligence or wilful default of the Company or any of its duly authorised employees or agents.
12 INTERACTIVE FEATURES
The Website and Program may include a variety of features, such as community forums, web logs, chat rooms, Facebook groups, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on community forums, web logs, chat rooms, Facebook groups, and other public posting areas on the Website, or sent via any email services on the Website, lies with each user - you alone are responsible for the material you post or send, verbally and electronically. We do not control the messages, information or files that you or others may provide through such forums. It is a material condition of your use of the Website that you do not:
12.1 Gain unauthorised access to the Website or Program Content, or any account, computer system, or network connected to the Website, by means such as hacking, password mining or other illicit means.
12.2 Interfere with or disrupt any servers or networks used to provide the Website or its features or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website.
12.3 Use the Website to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
12.4 Use the Website to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights of that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
12.5 Use the Website to post or transmit any information, software or other material that contains a virus or other harmful component.
12.6 Purchase, download or copy any products or services from the Website and use to pirate the said content, products or services.
13 REFUND POLICY
The Company is committed to ensuring your satisfaction with the Program and Program Content. If you are not satisfied with the Program, you have fourteen (14) days from the Commencement Date to request a refund. In order to claim the Happiness Guarantee, you must have completed all content provided under the Program and provided evidence of the completed worksheets as a result of the Program Content during the first fourteen (14) days. Acceptance of satisfactorily completed PDF worksheets are at the sole discretion of the Company.
14 DISPUTE RESOLUTION
14.1 If there is a dispute in relation to any aspect of the Program, Program Content, Website, and/or Website Content either party may notify the other in writing of the dispute.
14.2 Following any such notification, there will be a period of 28 days during which both parties must participate in good faith in any negotiations or discussions regarding the dispute.
14.3 If the dispute has not been resolved by the end of this 28-day period, the Company may require that the dispute be submitted to mediation in accordance with, and subject to, the Institute of Arbitrators & Mediators Australia and its applicable rules.
14.4 Neither party will commence court proceedings or other similar actions relating to a dispute unless it has complied with the procedure set out in this clause.
15 GOVERNING LAW
These Terms and Conditions are governed by the laws of the state of Queensland, Australia and where applicable, those of the Commonwealth of Australia. Any provision of, or the application of any provision of, these Terms and Conditions which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
16 ENTIRE AGREEMENT
This Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.
Renee Keys Pty Ltd t/as Jumpbooks
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