Terms and Conditions:
This website is owned and operated by Jasmin Harrison (ABN 39 782 525 913). References in
this website to “we”, “us” and “our” refer to Jasmin Harrison.
These Website Terms and Conditions (“Website T&Cs”) set out how you are able to use our
website, access content available on our website (“Content”) and purchase or use any of
the products and services available through the website, including but not limited to our
copywriting services, case study copywriting services, blog writing packages, online
packages, free digital download checklist, workbooks, e-books, planners and merchandise
(“Products”).
We hope that you find them useful and would be delighted to answer any questions you
have about them. We can be contacted at jasmin@word-wizardry.com.
By accessing or using our website, you are taken to have agreed to these Website T&Cs and
our Privacy Policy. You may also accept and agree to these Website T&Cs and our Privacy
Policy by clicking to accept or agree where this option is made available to you on the
website.
Please note that we may vary or modify these Website T&Cs from time to time in our
absolute discretion. Any changes to the Website T&Cs take immediate effect from the date
of their publication. When accessing the website please check for the most up to date
Website T&Cs. Before you continue, we recommend you keep a copy of the Website T&Cs
for your records.
We give you a licence to use our website
So that you can use our website, our Content and purchase our Products, we grant you a
limited, non-exclusive, non-transferrable and revocable licence to use our website in
accordance with these Website T&Cs. All other uses of our website are prohibited without
our express written permission.
… but you can’t do certain things
To use our website, our Content and our Products, we expect you to abide by a certain
standard of behaviour. You must not:
a) use our website or purchase our Products if you are not of legal age to form a
binding contract with us;
b) use our website in any way or take any action that causes, or may cause, damage to
the website or impairment of the performance, availability or accessibility of the
website;
c) use our website, our Content or our Products in any way that is unlawful, illegal,
fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or
harmful purpose or activity;
d) use our website to copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, computer virus, Trojan
horse, worm, keystroke logger, rootkit or other malicious computer software;
e) conduct any systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or in
relation to our website without our express written consent; and
f) without our prior consent, use data collected from our website, our Content or our
Products for any direct marketing activity (including without limitation email
marketing, SMS marketing and direct mailing).
Intellectual property
Unless we indicate otherwise, please note that we own or licence all rights, title and interest
(including intellectual property rights) in our website, our Content and our Products. Your
use of our website, our Content or our Products does not grant or transfer to you any rights,
title or interest in relation to our website, our Content or our Products.
You may not, without our prior written permission, broadcast, republish, upload to a third
party, transmit, post, distribute or play in public, adapt or change in any way our website,
our Content or our Products for any purpose, unless otherwise provided by these Website
T&Cs. This prohibition does not extend to materials on the website which are freely
available for re-use or are in the public domain.
You are prohibited from using our website, our Content or our Products in any way that
competes with our business.
Payments
By purchasing a Product through the website, you agree to pay the purchase price listed on
the Website for the Product (the “Purchase Price”).
All payments made in connection with our website, our Content or our Products are to be
made via credit card PayPal or another payment method approved by us and made available
through our website.
In making any payment in connection with our website, our Content or our Products, you
warrant that you have read, understood and agree to be bound by these Website T&Cs and
our Privacy Policy.
You acknowledge and agree that where a request for payment is returned or denied, for
whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges associated with the non-
payment.
Refunds and returns
Following payment of the Purchase Price being confirmed by us, you will be issued with a
receipt to confirm that the payment has been received and we may record your purchase
details for future use.
We will only provide you with a refund in the event that we are unable to continue to provide
the Product. We do not provide refunds under any other circumstances (unless required to
do so by law).
Warranty
Our Product’s come with guarantees that cannot be excluded under the Australian
Consumer Law which is set out in Schedule 2 of the Competition and Consumer Act 2010.
You are entitled to a replacement or refund for a major failure of the Product and
compensation for any other reasonably foreseeable loss or damage. You are also entitled to
have the Products repaired or replaced if the Products fail to be of acceptable quality and
the failure does not amount to a major failure (the “Warranty”).
The Warranty under this provision does not apply to any appearance of the supplied
Products nor to any supplied Products where the exterior of which has been damaged or
defaced, which has been subjected to misuse, abnormal service or handling, or which has
been altered or modified in design or construction.
Testimonials
We love to hear from you! If you provide us with a testimonial or review, you permit us to
post or otherwise transmit the testimonial or review on our social media or other online
channels. Of course, you can email us at jasmin@word-wizardry.com if you would like a
testimonial removed.
General disclaimer
You acknowledge that we do not make any terms, guarantees, warranties, representations
or conditions whatsoever regarding the Products other than provided pursuant to these
Website T&Cs.
We will make every effort to ensure a Product is accurately depicted on the website.
However, you acknowledge that sizes, colours and packaging of Products may differ from
what is displayed on the website.
Nothing in these Website T&Cs limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the Australian Consumer
Law(or any liability under them) which by law may not be limited or excluded.
Subject to the above, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not
expressly stated in these Website T&Cs are excluded; and
(b) we will not be liable for any special, indirect or consequential loss or damages
(unless such loss or damage is reasonably foreseeable resulting from our failure to
meet an applicable consumer guarantee under the Australian Consumer Law), loss of
profit or opportunity, or damage to goodwill arising out of or in connection with our
website, our Content or our Products, including as a result of not being able to use
the Content or Products or the late supply of the Content or Products, whether at
common law, under contract, tort (including negligence), in equity, pursuant to
statute or otherwise.
Use of the website, our Content and our Products is at your own risk. Everything on the
website (including our Content and our Products) are provided to you “as is” and “as
available” without warranty or condition of any kind. Neither we, nor any of our affiliates,
directors, officers, employees, agents, contributors and licensors make any express or
implied representation or warranty about our website or the Content or Products referred
to on the website.
Our liability is limited
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, un-
ascertained, future or contingent (“Liability”) suffered by you or any third party, arising from or in connection with your use of our website, our Content or our Products and/or any
inaccessibility of, interruption to or outage of our website and/or any loss or corruption of
data and/or the fact that our website is incorrect, incomplete or out-of-date.
Our right to be indemnified
To the maximum extent permitted by law, you must indemnify us, and hold us harmless,
against any Liability suffered or incurred by us arising from or in connection with your use of
our website, our Content or our Products, or any breach of these Website T&Cs or any
applicable laws by you. This indemnity is a continuing obligation, independent from the
other obligations under these Website T&Cs, and continues after these Website T&Cs
end. It is not necessary for us to suffer or incur any Liability before enforcing a right of
indemnity under these Website T&Cs.
Termination
The Website T&Cs will continue to apply until terminated by either you or by us, as set out
below.
If you want to terminate these Website T&Cs, you may do so by:
(a) providing us with 10 days’ notice of your intention to terminate; and
(b) closing your accounts connected with our website, our Content or our Products,
where we have made this option available to you.
Your notice should be sent, in writing, to jasmin@word-wizardry.com
We may at any time, terminate these Website T&Cs with you, if:
(a) you have breached any provision of the Website T&Cs or intend to breach any
provision;
(b) we are required to do so by law; or
(c) the provision of the Content or Products to you by us is, in our opinion, no longer
commercially viable.
Subject to local applicable laws, we may suspend or deny, in our sole discretion, your access
to all or any portion of the website, our Content or our Products without notice if you
breach any provision of these Website T&Cs or any applicable law or if your conduct impacts
our name or reputation or violates the rights of another party.
Jurisdiction and governing law
Use of our website, our Content and our Products, and these Website T&Cs are governed by
the laws of Queensland. You irrevocably and unconditionally submit to the exclusive
jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals
from those courts and waive any right to object to proceedings being brought in those
courts.
If you access our website and you are based overseas, we do not represent that our website
complies with the laws (including intellectual property laws) of the country in which you
reside (if you reside outside Australia).
Independent legal advice
Both parties confirm and declare that the provisions of these Website T&Cs are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice declare that the Website T&Cs are not against public policy on the grounds of
inequality or bargaining power or general grounds of restraint of trade.
Severance
If any part of these Website T&Cs are found to be void or unenforceable by a Court of
competent jurisdiction, that part shall be severed and the rest of the Website T&Cs shall
remain in force.
If you have any questions about these Website T&Cs, we would be delighted to discuss
them with you. You can contact us at jasmin@word-wizardry.com.