Legal Stuff

Legal stuff. I don’t know about you, but it’s right up there with taxes and accounting for the stuff I most dislike. But, it’s one of life’s necessary evils. So, read on.

Updated as of September 2019

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to my website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.kellyeamenscopywriter.com.au’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.kellyeamenscopywriter.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.kellyeamenscopywriter.com.au’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that www.kellyeamenscopywriter.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.kellyeamenscopywriter.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of www.kellyeamenscopywriter.com.au

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

LINKS TO OTHER WEBSITES

www.kellyeamenscopywriter.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.kellyeamenscopywriter.com.au and the owners of those websites. www.kellyeamenscopywriter.com.au takes no responsibility for any of the content found on the linked websites.

www.kellyeamenscopywriter.com.au’s website may contain information or advertisements provided by third parties for which www.kellyeamenscopywriter.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, www.kellyeamenscopywriter.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.kellyeamenscopywriter.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of www.kellyeamenscopywriter.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At www.kellyeamenscopywriter.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. www.kellyeamenscopywriter.com.au respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. www.kellyeamenscopywriter.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data www.kellyeamenscopywriter.com.au collects is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

www.kellyeamenscopywriter.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION

www.kellyeamenscopywriter.com.au may be required, in certain circumstances, to disclose information in good faith and where www.kellyeamenscopywriter.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.kellyeamenscopywriter.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.kellyeamenscopywriter.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. www.kellyeamenscopywriter.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

www.kellyeamenscopywriter.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and www.kellyeamenscopywriter.com.au concerning your use and access to www.kellyeamenscopywriter.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and www.kellyeamenscopywriter.com.au that results in litigation, then you must submit to the jurisdiction of the courts of NSW.

 

Contact:

Should you have any further questions or should you have any enquiries or feedback please contact us at hello@kellyeamenscopywriter.com.au

Disclaimer

If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

The information contained in this website is for general information purposes only and is provided by www.kellyeamenscopywriter.com.au. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control of www.kellyeamenscopywriter.com.au. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, www.kellyeamenscopywriter.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

COPYRIGHT NOTICE

This website and its contents are the copyright of Kelly Eamens Copywriter – © 2019. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.

Privacy Policy

Privacy Policy

The Kelly Eamens Copywriter Privacy Policy is designed to help you understand how we collect and use the personal information you provide to us and to assist you in making informed decisions when using our site and our products and services. References in this document to “us,” “our,” and “we” refer to Kelly Eamens Copywriter.

What Information is collected?

When you visit this website you may provide two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and website use information collected on an aggregate basis as you and others browse the site.

 

Personal Information You Choose to Provide

1.Registration Information

You will provide information about yourself, your firm or company, and your practices when you purchase The Kelly Eamens Copywriter products and services, register for community support, or register for email newsletters and alerts.

2. Email Information

If you choose to correspond via email, we may retain the content of your email messages together with your email address and the responses.

3. Website Use Information

Similar to other commercial websites, this site utilises a standard technology called “cookies” (see explanation below, “What Are Cookies?”) and Web server logs to collect information about how this site is used. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at this site, and the websites visited just before and just after our site. We, our advertisers and ad serving companies may also use small technology or pieces of code to determine which advertisements and promotions users have seen and how users responded to them.

 4. How Do We Use the Information That You Provide to Us?

Broadly speaking, we use personal information for purposes of administering and expanding our business activities, providing customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use the information we collect to notify you about important changes to this website, new services and special offers we think you will find valuable. You may notify us of your desire not to receive these offers by clicking the unsubscribe link contained in each such email.

 5. What Are Cookies?

A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites. Some of our business partners (e.g., advertisers) use cookies that originate from their sites. We have no access or control over those cookies.

 6. How Do We Use Information We Collect from Cookies?

As you use this website, the site uses its cookies to differentiate you from other users. In some cases, we also use cookies to prevent you from seeing unnecessary advertisements or requiring you to log in more than is necessary for security. Cookies, in conjunction with our web server’s log files, allow us to calculate the aggregate number of people visiting this site and which parts of the site are most popular. This helps us gather feedback in order to constantly improve this site and better serve our customers. Cookies do not allow us to gather any personal information about you and we do not generally store any personal information that you provided to us in your cookies. By consenting and continuing to visit our site, you consent to the placement of cookies on your device.

 7. Sharing Information with Third Parties

The information we collect is used to improve the content of this site and the quality of our service, and is not shared with or sold to other organisations for commercial purposes. That being said, your information could be shared under the following circumstances:

We use third parties to facilitate our business, including, but not limited to, sending email and processing payments. In connection with these offerings and business operations, these third parties may have access to your personal information for use in connection with those business activities.

As we develop our business, we may buy or sell assets or business offerings. Customer, email, and visitor information is generally one of the transferred business assets in these types of transactions.

We may also transfer such information in the course of corporate divestitures, mergers, or any dissolution.

If it becomes necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, or as otherwise required by law.

8. Notice of New Services and Changes

Occasionally, we may also use the information we collect to notify you about important changes to this website, new services, and special offers we think you will find valuable. As our customer, you will be given the opportunity to notify us of your desire not to receive these offers by clicking the unsubscribe link contained in each such email.

 9. How Do We Secure Information Transmissions?

Email is not recognised as a secure medium of communication. For this reason, we request that you do not send private information to us by email. Some of the information you may enter on this site may be transmitted securely via Secure Sockets Layer SSL, 128 bit encryption services. Pages utilising this technology will have URLs that start with HTTPS instead of HTTP.

 10. Certain Disclosures

We may disclose your personal information if required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law or comply with legal process served on us or affiliated parties; (b) protect and defend our rights and property, our site, the users of our site, and/or our affiliated parties; (c) act under circumstances to protect the safety of users of our site, us, or third parties.

 11. What About Other Websites Linked to This Site?

We are not responsible for the practices employed by websites linked to or from our site nor the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of our site. Please remember that when you use a link to go from our site to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including sites which have a link on our site, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.

 12. Our responsibilities as a “controller” under the General Data Protection Regulations (GDPR) 

If you are a resident of the European Economic Area (“EEA”) you have certain rights and protections under the GDPR regarding the processing of your personal information. We are a controller under the GDPR as we collect, use and store your personal information to enable us to provide you with our goods and/ or services and information about them.

We rely on the following lawful means of processing your personal information:

  1. Where it is necessary to fulfil a contract with you. This includes where we collect your personal information to enable us to send you course materials.
  2. Where you have given us valid consent to use your personal information, we will rely on that consent, and only use the personal information for the specific purpose for which you have given consent. This includes where we email newsletters, or send mobile notifications;
  3. We may also process your personal information where it is to further our legitimate interests where they are overridden by your rights or interests. This could include usage statistics, analytics and internal analysis so we can improve our services.

13. Your rights

If you are an EEA resident, you have various rights including the:

  • Right to be informed;
  • Right of access;
  • Right to rectification;
  • Right to object;
  • Right to restriction of processing;
  • Right to erasure or to be forgotten;
  • Right to data portability; and
  • Right not to be subject to automated processing.

If you want to access personal information we hold about you, or ask if that the information be corrected, please contact us. In some circumstances, you also have a right to object to or ask that we restrict certain processing activities or delete your personal information. If you would like to limit or request deletion of your personal information or exercise any other rights you can do so by contacting us.

14. Withdrawing your consent

You can withdraw your consent to our collection or processing of your personal information. You can do so by contacting us or by opting out of email newsletter communications by following the instructions in those emails or by clicking unsubscribe. If you withdraw your consent to the use of your personal information, you may not have access to our services, and we might not be able to provide you with our services. In some circumstances where we have a legal basis to do so we may continue to process your information after you have withdrawn consent, for example if it is necessary to comply with an independent legal obligation or if it is necessary to do so to protect our legitimate interest in keeping our services secure.

15. Our compliance

All personal information stored on our platform is treated as confidential. It is stored securely and is accessed by authorised personnel only. Our collection is limited in relation to what is necessary, for the purpose for which the personal information is processed, and kept only for so long as is necessary for the purpose for which the personal information was collected. We implement and maintain appropriate technical, security and organisational measures to protect personal information against unauthorised or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure. We ensure the encryption and pseudonymisation of personal information, and we have adequate cyber security measures in place.

16. Your acknowledgement

By providing us with your personal information, you consent to us disclosing it to third parties who reside outside the EU. We will ensure that those third parties are GDPR compliant.

17. Your Consent

By using this site you consent to our collection and use of your personal information as described in this Privacy Policy. If we change our privacy policies and procedures, we will post those changes on this site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it.

Phew!

That’s heavy going. Let’s skip to something a bit more fun, like how we can work together