Terms of Use & Privacy – Kylie Fennell

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 Lorikeet Ink and 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, lorikeetink.com and kyliefennell.com (the “Websites”).

We provide visitors to our Websites (“Visitors”) access to the Websites subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use 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 11 March 2021.

GENERAL TERMS

1. JURISDICTION

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.

2. ACCESS

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.

3. CONDUCT

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.

4. PRIVACY

Please review our Privacy Policy below, which also governs your visit to the Websites, to understand our practices.

5. COPYRIGHT

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.

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.

12. DISCLAIMER

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.

PURCHASING ONLINE

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.

3. PAYMENT

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.

Refunds will be issued to the extent required by the Trade Practices Act 1974 (Cwth) and Sale of Goods Act 1958 (Vic). No part of these terms of use is to be taken as an express or implied repudiation of our obligations under these pieces of legislation.

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.

7. SECURITY

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.

COMMENTING POLICY

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 kylie@kyliefennell.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.

Like other Web publishers, we collect information to enhance your visit and deliver more individualiaed content and advertising. We respect your privacy and do not share your information with anyone. Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). This includes cookie tracking provided by PerfectAudience.com. Anonymous aggregated Information may occasionally be shared with our advertisers and business partners. Again, this information does not include any Personally Identifiable Information about you or allow anyone to identify you individually. The PerfectAudience.com platform uses cookies, tracking pixels and related technologies to provide our services for Advertisers.

4. Cookies

Cookies are small data files that are served by our platform and stored on your device. They enable us to identify your device when you move between different websites and applications, so that we can serve targeted advertising to you. You can opt out of receiving targeted ads served by us or on our behalf by clicking on the blue icon in the corner of the ads we serve. We may use Personally Identifiable Information collected on our websites to communicate with you about your registration and customisation preferences; our Terms of Service and privacy policy; services and products offered by us and other topics we think you might find of interest.

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 kylie@kyliefennell.com.

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

We expects our partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a site page, certain content that is actually created or hosted by a third party. Also, through our websites you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. We are not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party. While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. We do not control the use of this technology by third parties or the resulting information, and is not responsible for any actions or policies of such third parties. You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond our control and this policy.

10. Children

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: prosper@injust5.com

11. Changes to our Privacy Policy

This privacy policy relates to our current privacy policy standards. The policy may change from time to time. For a copy of our latest policy, or if you have any questions or feedback about this statement, email us at kylie@kyliefennell.com.

DISCLOSURE

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.

GOVERNING LAW

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.