Welcome to Jenna Black!
In these terms, we also refer to Jenna Black International Pty Ltd operating under the registered business name Jenna Black ABN 54 653 382 480 as “Jenna Black”, “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you sign up for our Services through our website, being https://jennablack.co and any other websites we operate with the same domain name and a different extension (Website).
Key Words used in these terms
To make it easier for you to understand the terms on which we provide, and you use, the Services, we've tried to keep these terms of use (terms) as simple as possible by using plain English.
When we say “Services” in these terms, we mean any of our services provided on our online platform or otherwise, where Jenna Black provides coaching to individuals and includes any of our Programs, content, workbooks, support communications and associated materials (Services).
We've also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
Acceptance of these terms
Before you sign up for our Services, or otherwise engage with the Services, please carefully read these terms. If you don't agree to these terms, please don't sign up for the Services. By clicking “accept” when you create an account, or otherwise proceed to engage with the Services, you agree to be bound by these terms.
These terms apply once you have agreed to these terms and continue until you have completed the Services or the Services are terminated earlier in accordance with clause 18.
DISCLAIMER
Jenna Black cannot and does not give any guarantees on results or earnings with our programs, courses, masterminds, coaching, teachings, healings and trainings.
Any results, testimonials and transformations displayed on our Website or Marketing platforms are all genuine with real people but results cannot be guaranteed. Everyone is an individual and results may vary. There are no guarantees of results or future earnings.
Jenna Black is not a counsellor, psychologist, mental health professional, medical professional or financial advisor. Jenna Black provides information that is general in nature and based on Jenna Black’s personal experience. Any information on the Website or through the Services is not a substitute for medical, mental health, financial or legal advice. Jenna Black cannot cure, diagnose or treat any health condition, including any mental health condition. Before making any changes to your mental health, your physical health or otherwise, seek medical advice to evaluate any risks.
(a) (No Guarantee on Income) Jenna Black cannot and does not give any guarantees on results or earnings with our programs, courses, masterminds, coaching, teachings, healings and trainings.
You recognise and agree that there are no guarantees of results or future earnings.
(b) (No medical advice) The purpose of providing you with the Services is to provide you with
general information that is based on Jenna Black’s personal experience. Jenna Black does not
provide medical advice. Any information on the Website, or shared in any part of our Services,
are in no way to be taken as advice, including medical advice. You cannot rely on anything
shared or provided in the Services as an exhaustive list of advice or recommendations for any
actions you may take or solutions or remedies to any issues you may be having.
(c) (Results not guaranteed) We cannot guarantee any results from your use of the Services. Any
results, testimonials and transformations displayed on our Website are all genuine with real
people but results cannot be guaranteed. Everyone is an individual and results may vary. You
are responsible for compliance with any of our Services at the pace you are comfortable with.
We will not be responsible or liable for any issues including you meeting your goals.
(d) (Suitability) We do not guarantee that our Services take into account your personal
circumstances or specific goals. Many factors will be important in determining whether you
achieve any actual results and there is no guarantee that you will be able to achieve specific
goals (whether communicated to us or not) within any timeframe or at all. You should obtain
appropriate medical or health advice or financial advice before relying on the information
provided during our Services. We make no representation or guarantee that our Services will be
useful or relevant to you or that by applying any ideas, recommendations, methods or
techniques in the Services you will achieve any particular outcomes. We are not responsible for
any of your actions, decisions or choices and any methods and techniques implemented by you
in relation to mental health, financial health or otherwise by you are done so at your own risk. By
not seeking appropriate professional medical or financial advice, you accept the risk that the
information contained in our Services may not meet your specific needs, circumstances or goals.
(e) (No legal or financial advice) Jenna Black does not provide legal, accounting, finance,
professional or other advice or services. Our Services and Website are for educational and
information purposes only. No person should act on any information provided before they have
formed their own opinion through investigation and research as to the suitability of the
information for their circumstances. Laws and regulations relating to investments, financial
advice, and the handling of money are complex. We recommend obtaining professional advice,
including professional financial advice, before you sign up to any of our Services, or if you are
unsure about anything in our Services.
(f) By signing up to our Services, or otherwise engaging with our Services, you acknowledge and
agree that you participate in the Services and use the information solely at your own risk and you
have read, understood and agree to the earnings and income disclaimer contained in clause 7.;
(g) (Not suitable for minors) Our Services are not suitable for anyone under the age of 18. DO
NOT access our Services or sign up if you are under the age of 18.
(h) (Participation) By participating in the Services, you may be exposed to experiences and
information, including sensitive information, that you may find triggering, disturbing or upsetting.
We encourage you to seek professional advice, including medical advice, if you are unsure
about anything or our Services, including if you are triggered or upset from anything that is
shared or comes up for you during the Services. The Services are designed to provide you with
support and your participation is completely voluntary. If, at any point, you feel uncomfortable
and wish to stop participating in the Services, please let Jenna Black know immediately.
(i) (Online Services) The delivery of the Services are entirely online. You agree that you will be
partaking in these Services on your own and any issues that occur are your responsibility.
(j) (Mental Health Concerns) If you are experiencing mental health concerns, please contact a
health professional immediately.
If you are unsure about anything in our Services, or participating in our Services, we encourage you to
seek medical advice and a referral from a health practitioner or financial advisor prior to using our
Services.
1. SIGNING UP FOR THE SERVICES
(a) To sign up to the Services, you may need to create an account (Account) and pay the
Fees (as defined in clause 5(a)(i)).
(b) (No under 18s) The Services are not intended for any person under the age of 18 years
old or any person who has previously been suspended or prohibited from the Services.
By creating an Account and paying the Fees or otherwise accessing the Services, you
represent and warrant that:
(i) you are over the age of 18 years and accessing the Services and Website for
personal use; and
(ii) you are authorised to use the debit or credit card you provide for the Services.
(c) Signing up to the Services constitutes your acceptance to enter into a contract with us
under these terms, where we will provide you with the Services you have ordered in
exchange for your payment of the total Fees listed upon checkout.
(d) These terms are not agreed between you and us until we have approved your payment of
the Fees and you receive an email from us confirming the Services.
(e) You are responsible for managing your Account and ensuring that you only access and
engage with the Services in an appropriate manner.
2. OUR ONLINE PLATFORM
2.1 SERVICES
(a) We will endeavour to ensure that the Services provided will be substantially the same as
the Services as described on our Website.
(b) Once we have received payment of the Fees, you will be granted access to the Services.
2.2 SESSIONS AND PROGRAMS
(a) Jenna Black may provide individual sessions with you as set out on the Website.
(b) Sessions must be scheduled in accordance with clause 6.1.
(c) Jenna Black may provide programs as set out on the Website (Programs).
(d) Programs generally run during set dates and it is up to you to attend all sessions in any
Program.
(e) There may be a set time frame for any sessions or Programs and if you do not use your
allocated sessions during this time frame they will be forfeited.
2.3 SUPPORT COMMUNICATIONS
(a) Jenna Black may offer to provide online support communications from time to time
(Support Communications). If Jenna Black offers to provide Support Communications
as part of your Program, you may contact Jenna Black via email during normal
business hours using the Jenna Black’s nominated contact details.
(b) Support Communications are subject to a fair use policy, which means that the Support
Communications cannot be used in a way that is excessive, unreasonable, or fraudulent,
or that disrupts or impedes Jenna Black’s ability to provide services to other clients.
(c) If your use of the Support Communications is in breach of our fair use policy as set out in
clause 2.3(b) (at our discretion), we reserve the right to suspend or no longer provide you
with the Support Communications.
2.4 RESOURCES
(a) As part of the Services, Jenna Black may provide you with pre-recorded videos,
workbooks or other materials (Resources).
(b) You acknowledge and agree that any Resources we provide will only be used for your
own personal and non-commercial purposes and will not be shared with anyone else
unless we expressly allow you to do so.
(c) You must obtain our permission if you want to share any of the Resources with anyone
else.
(d) Nothing in the Resources is intended to be a substitute for medical or professional
advice, including financial or legal advice.
3. YOUR ACCOUNT AND LICENCE
(a) Your Account will be valid for the duration of the Program and you will be given lifetime access to the Resources.
(b) You are granted a limited licence to use the Services for your own personal,
non-commercial purposes.
(c) You must not give access to your Account to any other person.
(d) We will only revoke your licence and terminate your Account if we suspect, for any
reason, in our sole discretion, that you are misusing the licence, for example by
distributing the Services to other people or giving access to your Account to other people,
you are making commercial use of or infringing our intellectual property rights in the
Services, or if you do not comply with these terms. In the event your license is revoked,
and your Account is terminated, you will not be entitled to a refund of the Fees.
4. YOUR OBLIGATIONS
By signing up to our Services, you agree:
(a) not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or
fraudulent activity (including to defame or harass Jenna Black); and
(b) to ensure that your conduct in using the Services is free from any harmful, discriminatory,
defamatory or maliciously false implications and does not contain any offensive or explicit
material; and
(c) not to act in any way that may harm the reputation of Jenna Black or do anything at all
contrary to the interests of Jenna Black.
5. PAYMENT
(a) All Fees are:
(i) as displayed and accepted by you at the time of checkout (Fees);
(ii) All goods sold by us are charged in the currency listed on the order form. If you are located in Australia the price includes Australian Goods and Services Tax.
(iii) subject to change without notice prior to signing up for the Services.
(b) (Payment obligations) You must pay the Fees in full at the time of signing up to the
Services or as set out in any payment plan you choose upon checkout (Payment Plan). You are responsible for your commitment to pay the entire fee of the Program or Service.
(c) (Payment Plans) We offer varying Payment Plans to help you pay for Programs over
several months as set out on the Website. Payment Plans must be paid in the set
timeframe for any Payment Plan, otherwise your access to the Program may be
restricted.
(d) (Missed or Late Payment Terms) We understand that there can be major life events or
circumstances that prevent making your payment on time, so we do allow you a 14-day
grace period in which to make payment for Payment Plans. However, if payment has not
been received within that time frame, then we will suspend your Program and Account
access until we have been contacted to reinstate and a cleared payment has resumed.
(e) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In
relation to any GST payable for a taxable supply by us, you must pay the GST subject to
us providing a tax invoice to you.
(f) (Card surcharges) We reserve the right to charge credit card surcharges in the event
that payment of the Fees are made using a credit, debit or charge card (including Visa,
MasterCard or American Express).
(g) (Online payment partner) We may use third-party payment providers (Payment
Providers) to collect payment of the Fees for Services. The processing of payments by
the Payment Provider will be, in addition to these terms, subject to the terms, conditions
and privacy policies of the Payment Provider and we are not liable for the security or
performance of the Payment Provider. We reserve the right to correct, or to instruct our
Payment Provider to correct, any errors or mistakes in collecting your Fees.
(h) (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for the
Services, we will attempt to contact you and inform you of this as soon as possible. You
will then have the option of sign up to the Services at the correct Fees or cancelling the
Services. If you choose to cancel the Services the Fees have already been debited, the
full amount will be credited back to your original method of payment.
6. SCHEDULING, REFUNDS AND CANCELLING
6.1 SCHEDULING
Jenna Black may use a third party scheduling provider for scheduling sessions with you. If you do
not use the third party scheduling provider, your session will not be considered as scheduled and
Jenna Black will not be responsible for providing you with a session during that time.
6.2 REFUND POLICY
(a) Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, Services and Program Materials, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided.
(b) Nothing in this clause 6 is intended to limit or otherwise affect the operation of any of your
rights which cannot be excluded under applicable law, including the Competition and
Consumer Act 2010 (Cth).
6.3 CANCELLATION BY YOU
(a) If you need to cancel or reschedule a scheduled session, you must provide Jenna Black
with at least 24 hours’ written notice, otherwise the session will be forfeited.
(b) All sessions need to be used within the timeframe agreed, otherwise any remaining
sessions will be forfeited.
(c) If you decide to no longer participate in a Program or Service, you are still responsible to pay the entire fee of the Program or Service.
6.4 CANCELLATION BY US
(a) We reserve the right to cancel any sessions, or any parts of the Program, at any time for any
reason, including where we are unable to attend due to sickness or unforeseen commitments
(including a COVID-19 lockdown or other emergency situation). If we cancel any part of the
Program, including sessions, we will aim to reschedule the Service or Program.
(b) Jenna Black may choose at any time to cancel a Program that included active support or a live community due to the Program concluding. If this happens, you will be granted lifetime access to all materials and you will be responsible for any remaining payments on a payment plan.
7. EARNINGS AND INCOME DISCLAIMER
(a) Jenna Black cannot and does not make any guarantees about your ability to get results
or save or earn any money with the Services. You acknowledge that there is an inherent
risk in any enterprise or activity and agree there is no guarantee that you will save or earn
any money or reach your goals as a result of your purchase of the Services.
(b) Any financial representations referenced by Jenna Black on the Website, or during the
provision of the Services are illustrative of concepts only and should not be considered as
promises for actual or future performance.
(c) Jenna Black works with money energetics and money mindset and this is in no way a
guarantee of income or financial advice.
8. INTELLECTUAL PROPERTY
8.1 OUR IP
(a) Intellectual Property Rights in the Services and our Services and any other related
information or materials (Materials) are owned or licensed by us. Except as permitted
under applicable laws, no part of the Material can be reproduced, adapted, distributed,
displayed, transmitted or otherwise exploited for any commercial purposes without our
express written consent.
(b) You will not under these terms acquire Intellectual Property Rights in any of Our IP.
8.2 DEFINITIONS
For the purposes of this clause 7:
(a) “Our IP” means all Materials owned or licensed by us and any Intellectual Property Rights
attaching to those Materials.
(b) “Intellectual Property Rights” means any and all present and future intellectual and
industrial property rights throughout the world, including copyright, trademarks, designs,
patents or other proprietary rights, confidential information and the right to have
information kept confidential, or any rights to registration of such rights whether created
before or after the date of these terms, whether registered or unregistered.
9. COLLECTION NOTICE AND PRIVACY
(a) We may collect personal information about you in the course of providing you with our
Services, to contact and communicate with you, to respond to your enquiries and for
other purposes set out in our Privacy Policy.
(b) Our Privacy Policy contains more information about how we use, disclose and store your
information and details how you can access and correct your personal information.
(c) We may collect sensitive information about you during the course of providing you with
services through the Services. We only collect the information that you choose to provide
us during the Services and will not collect this without your consent. It is up to you
whether you choose to disclose your sensitive information.
(d) By agreeing to these terms, you agree to be bound by the clauses outlined in our Privacy
Policy.
(e) Jenna Black, and other Program participants, may share personal and/or sensitive
information with you during the Program. You must all times maintain tother
he privacy and confidentiality of this information and you cannot share participants personal and
sensitive information with anyone else. You cannot share any information or recordings,
(including any recordings or information that is on any of our social media platforms) on
social media or any other platform, with anyone else.
(f) Jenna Black may record sessions, including in Programs. If you choose to continue with
that session or Program, you must consent to the recording of the session.
10. CONFIDENTIALITY
10.1 CONFIDENTIAL INFORMATION
You must all times, maintain the confidentiality of any information provided to you in any part of the
Services, Resources and Support Communication.
The parties will not, during or at any time after the Services or Program is completed, disclose
Confidential Information directly or indirectly to any third party except:
(a) with the other party's prior written consent;
(b) as required by law.
10.2 BREACH
If either party becomes aware of a suspected or actual breach of clause 10.1 by that party, that
party will immediately notify the other party and take reasonable steps required to prevent, stop or
mitigate the suspected or actual breach. The parties agree that damages may not be a sufficient
remedy for a breach of this clause 10.1.
10.3 PERMITTED USE
A party may only use the Confidential Information of the other party for the purposes of exercising
its rights or performing its obligations under this agreement.
10.4 RETURN
On termination or expiration of this agreement, each party must immediately return to the other
party, or (if requested by the other party) destroy, any documents or other Material in its possession
or control containing Confidential Information of the other party.
11. THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES
11.1 THIRD PARTY GOODS AND SERVICES
(a) The Services may be powered by goods or services provided by third parties (including
third party platforms) and therefore subject to the terms and conditions of those third
parties. Your use of the Services is subject to any applicable third party terms and
conditions and you agree to familiarise yourself with all applicable third party terms and
conditions.
(b) To the maximum extent permitted under applicable law and our agreements with any
applicable third parties, we will not be liable for any acts or omissions of those third
parties, including in relation to any fault or error of the Services or any issues experienced
in any Program.
11.2 THIRD PARTY CONTENT
The Services may contain text, images, data and other content provided by a third party and
displayed in the information provided through the Services (Third Party Content). We accept no
responsibility for Third Party Content and make no representation, warranty or guarantee about the
quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
11.3 LINKS TO OTHER WEBSITES
(a) The Services may contain links to other websites that are not our responsibility. We have
no control over the content of any linked websites, and we are not responsible for that
content.
(b) Inclusion of any linked website on the Services does not imply our approval or
endorsement of the linked website.
12. SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other
electronic devices arising in connection with use of the Services. You should take your own
precautions to ensure that the process that you employ for accessing the Services does not
expose you to risk of viruses, malicious computer code or other forms of interference.
13. REPORTING MISUSE
If you become aware of misuse of the Services by any person, any errors in the material in the
Services or any difficulty in accessing or using the Services, please contact us immediately using
the contact details or form provided on our Website.
14. SERVICE LIMITATIONS
The Services is made available to you strictly on an 'as is' basis. Without limitation, you
acknowledge and agree that we cannot and do not represent, warrant or guarantee that:
(a) the Services will be free from errors or defects;
(b) the Services will be accessible at all times;
(c) information you receive or supply through the Services will be secure or confidential; or
(d) any information provided through the Services is accurate or true.
15. NOTICES
(a) A notice or other communication to a party under these terms must be:
(i) in writing and in English; and
(ii) delivered to the other party via email, to the email address most regularly used
by the parties to correspond regarding the subject matter of these terms as at
the date of these terms (Email Address). The parties may update their Email
Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that the email
was not delivered to the other party's Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party, whichever is earlier.
16. LIABILITY
(a) To the maximum extent permitted by applicable law, we limit all liability to any person for
loss or damage of any kind, however arising whether in contract, tort (including
negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to
the Services, the Website, the Services these terms or any other goods or services
provided by us provided by us to the value of the Fees (if any) paid for the Services. If no
Fee has been paid, liability is excluded to the maximum extent permitted by applicable
law.
(b) All express or implied representations and warranties in relation to the Services, the
Website, the Services these terms or any other goods or services provided by us are, to
the maximum extent permitted by applicable law, excluded.
(c) Nothing in these terms is intended to limit the operation of the Australian Consumer Law
contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you
may be entitled to certain remedies (like a refund or replacement) if there is a failure with
the goods or services we provide.
(d) (Indemnity) You indemnify us and our employees and agents in respect of all liability for
loss, damage or injury which is or may be suffered by any person arising from your or
your representatives':
(i) breach of any of these terms;
(ii) use of the Services, the Website, the Services or any other goods or services
provided by us; or
(iii) use of any other goods or services provided by us.
(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances
will we be liable for any incidental, special or consequential loss or damages, or damages
for loss of data, business or business opportunity, goodwill, anticipated savings, profits or
revenue arising under or in connection with the Services, the Website or the Services,
these terms or any other goods or services provided by us (except to the extent this
liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
17. DISPUTE RESOLUTION
(a) A party claiming that a dispute has arisen under or in connection with this agreement
must not commence court proceedings arising from or relating to the dispute, other than a
claim for urgent interlocutory relief, unless that party has complied with the requirements
of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this
agreement must give the other party or parties to the dispute written notice containing
reasonable details of the dispute and requiring its resolution under this clause. It is the intent of Jenna Black that should any differences arise, we could work them out amicably through written correspondence. Prior to seeking legal support, you agree to send an email to us at [email protected] and include all of your reasons for dissatisfaction with your Program.
(c) Once the dispute notice has been given, each party to the dispute must then use its best
efforts to resolve the dispute in good faith. You understand and agree now that the only remedy that can be awarded to you through written dispute is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
18. TERMINATION
18.1 TERMINATION FOR CONVENIENCE
We may, in our sole discretion, terminate these terms for convenience at any time by providing 7
days’ written notice to you.
18.2 TERMINATION FOR CAUSE
Either party may immediately terminate these terms by written notice to the other party if:
(a) the other party is in default or breach of these terms;
(b) the other party is convicted, or any of the other party’s personnel are convicted, of a
criminal offence involving fraud or dishonesty or an offence which, in the opinion of the
other party, affects the other party’s obligations under these terms;
(c) the other party or any of the other party’s personnel conducts themselves in a way
tending to bring them or the other party into disrepute; or
(d) the other party or any of the other party’s personnel has a conflict of interest that cannot
be resolved to the satisfaction of the other party.
18.3 EFFECT OF TERMINATION
Upon termination of these terms:
(a) your Account may be terminated, and you will no longer have access to the Services;
(b) any Fees paid are non-refundable (except in accordance with clause 6.4); and
(c) if requested, you must immediately deliver to us all property belonging to us and materials
comprising or containing any of Our IP (as defined in clause 8.2(a)) which is in your care,
custody or control, and you must thereafter destroy any copies you have of such
materials.
18.4 SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these terms will survive and be enforceable after such termination or expiry.
19. FORCE MAJEURE
(a) Jenna Black will not be liable for any delay or failure to perform its obligations under this
agreement if such delay or failure arises out of a Force Majeure Event.
(b) If a Force Majeure Event occurs, Jenna Black must use reasonable endeavours to notify
you of:
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which the Supplier will be unable to
perform or be delayed in performing its obligations under this agreement.
(c) Subject to compliance with clause 19(b), the relevant obligation of Jenna Black will be
suspended during the Force Majeure Event to the extent that it is affected by the Force
Majeure Event.
(d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide,
explosion or fire;
(ii) strikes or other industrial action outside of the control of the Supplier; or
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil
commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of
COVID-19 beyond the reasonable control of Jenna Black, to the extent it affects
Jenna Black’s ability to perform its obligations.
20. GENERAL
20.1 GOVERNING LAW AND JURISDICTION
These terms is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party
irrevocably waives any objection to the venue of any legal process on the basis that the process
has been brought in an inconvenient forum.
20.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any
right unless the waiver is in writing and signed by the party granting the waiver.
20.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent
that it is void or unenforceable. The validity and enforceability of the remainder of these terms is
not limited or otherwise affected.
20.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or
benefits them jointly and severally.
20.5 ASSIGNMENT
You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms
without the prior written consent of the other party. We can assign the rights or novate these terms
in whole or part without your consent, on notice which may be communicated electronically on the
website or by email.
20.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in
connection with negotiating, preparing, executing and performing these terms.
20.7 ENTIRE AGREEMENT
These terms embodies the entire agreement between the parties and supersedes any prior
negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to
the subject matter of these terms.
20.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other
gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech
or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to "person" or "you" includes an individual, the estate of an
individual, a corporation, an authority, an association, consortium or joint venture
(whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party's executors, administrators, successors
and permitted assigns, including persons taking by way of novation and, in the case of a
trustee, includes any substituted or additional trustee;
(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or
annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or
annexure to or of these terms, and a reference to these terms includes all schedules,
exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including these terms) is to that document as
varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect
interpretation;
(i) (includes) the word "includes" and similar words in any form is not a word of limitation;
and
(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a
party because that party was responsible for the preparation of these terms or that
provision.
In these terms, we also refer to Jenna Black International Pty Ltd operating under the registered business name Jenna Black ABN 54 653 382 480 as “Jenna Black”, “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you sign up for our Services through our website, being https://jennablack.co and any other websites we operate with the same domain name and a different extension (Website).
Key Words used in these terms
To make it easier for you to understand the terms on which we provide, and you use, the Services, we've tried to keep these terms of use (terms) as simple as possible by using plain English.
When we say “Services” in these terms, we mean any of our services provided on our online platform or otherwise, where Jenna Black provides coaching to individuals and includes any of our Programs, content, workbooks, support communications and associated materials (Services).
We've also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
Acceptance of these terms
Before you sign up for our Services, or otherwise engage with the Services, please carefully read these terms. If you don't agree to these terms, please don't sign up for the Services. By clicking “accept” when you create an account, or otherwise proceed to engage with the Services, you agree to be bound by these terms.
These terms apply once you have agreed to these terms and continue until you have completed the Services or the Services are terminated earlier in accordance with clause 18.
DISCLAIMER
Jenna Black cannot and does not give any guarantees on results or earnings with our programs, courses, masterminds, coaching, teachings, healings and trainings.
Any results, testimonials and transformations displayed on our Website or Marketing platforms are all genuine with real people but results cannot be guaranteed. Everyone is an individual and results may vary. There are no guarantees of results or future earnings.
Jenna Black is not a counsellor, psychologist, mental health professional, medical professional or financial advisor. Jenna Black provides information that is general in nature and based on Jenna Black’s personal experience. Any information on the Website or through the Services is not a substitute for medical, mental health, financial or legal advice. Jenna Black cannot cure, diagnose or treat any health condition, including any mental health condition. Before making any changes to your mental health, your physical health or otherwise, seek medical advice to evaluate any risks.
(a) (No Guarantee on Income) Jenna Black cannot and does not give any guarantees on results or earnings with our programs, courses, masterminds, coaching, teachings, healings and trainings.
You recognise and agree that there are no guarantees of results or future earnings.
(b) (No medical advice) The purpose of providing you with the Services is to provide you with
general information that is based on Jenna Black’s personal experience. Jenna Black does not
provide medical advice. Any information on the Website, or shared in any part of our Services,
are in no way to be taken as advice, including medical advice. You cannot rely on anything
shared or provided in the Services as an exhaustive list of advice or recommendations for any
actions you may take or solutions or remedies to any issues you may be having.
(c) (Results not guaranteed) We cannot guarantee any results from your use of the Services. Any
results, testimonials and transformations displayed on our Website are all genuine with real
people but results cannot be guaranteed. Everyone is an individual and results may vary. You
are responsible for compliance with any of our Services at the pace you are comfortable with.
We will not be responsible or liable for any issues including you meeting your goals.
(d) (Suitability) We do not guarantee that our Services take into account your personal
circumstances or specific goals. Many factors will be important in determining whether you
achieve any actual results and there is no guarantee that you will be able to achieve specific
goals (whether communicated to us or not) within any timeframe or at all. You should obtain
appropriate medical or health advice or financial advice before relying on the information
provided during our Services. We make no representation or guarantee that our Services will be
useful or relevant to you or that by applying any ideas, recommendations, methods or
techniques in the Services you will achieve any particular outcomes. We are not responsible for
any of your actions, decisions or choices and any methods and techniques implemented by you
in relation to mental health, financial health or otherwise by you are done so at your own risk. By
not seeking appropriate professional medical or financial advice, you accept the risk that the
information contained in our Services may not meet your specific needs, circumstances or goals.
(e) (No legal or financial advice) Jenna Black does not provide legal, accounting, finance,
professional or other advice or services. Our Services and Website are for educational and
information purposes only. No person should act on any information provided before they have
formed their own opinion through investigation and research as to the suitability of the
information for their circumstances. Laws and regulations relating to investments, financial
advice, and the handling of money are complex. We recommend obtaining professional advice,
including professional financial advice, before you sign up to any of our Services, or if you are
unsure about anything in our Services.
(f) By signing up to our Services, or otherwise engaging with our Services, you acknowledge and
agree that you participate in the Services and use the information solely at your own risk and you
have read, understood and agree to the earnings and income disclaimer contained in clause 7.;
(g) (Not suitable for minors) Our Services are not suitable for anyone under the age of 18. DO
NOT access our Services or sign up if you are under the age of 18.
(h) (Participation) By participating in the Services, you may be exposed to experiences and
information, including sensitive information, that you may find triggering, disturbing or upsetting.
We encourage you to seek professional advice, including medical advice, if you are unsure
about anything or our Services, including if you are triggered or upset from anything that is
shared or comes up for you during the Services. The Services are designed to provide you with
support and your participation is completely voluntary. If, at any point, you feel uncomfortable
and wish to stop participating in the Services, please let Jenna Black know immediately.
(i) (Online Services) The delivery of the Services are entirely online. You agree that you will be
partaking in these Services on your own and any issues that occur are your responsibility.
(j) (Mental Health Concerns) If you are experiencing mental health concerns, please contact a
health professional immediately.
If you are unsure about anything in our Services, or participating in our Services, we encourage you to
seek medical advice and a referral from a health practitioner or financial advisor prior to using our
Services.
1. SIGNING UP FOR THE SERVICES
(a) To sign up to the Services, you may need to create an account (Account) and pay the
Fees (as defined in clause 5(a)(i)).
(b) (No under 18s) The Services are not intended for any person under the age of 18 years
old or any person who has previously been suspended or prohibited from the Services.
By creating an Account and paying the Fees or otherwise accessing the Services, you
represent and warrant that:
(i) you are over the age of 18 years and accessing the Services and Website for
personal use; and
(ii) you are authorised to use the debit or credit card you provide for the Services.
(c) Signing up to the Services constitutes your acceptance to enter into a contract with us
under these terms, where we will provide you with the Services you have ordered in
exchange for your payment of the total Fees listed upon checkout.
(d) These terms are not agreed between you and us until we have approved your payment of
the Fees and you receive an email from us confirming the Services.
(e) You are responsible for managing your Account and ensuring that you only access and
engage with the Services in an appropriate manner.
2. OUR ONLINE PLATFORM
2.1 SERVICES
(a) We will endeavour to ensure that the Services provided will be substantially the same as
the Services as described on our Website.
(b) Once we have received payment of the Fees, you will be granted access to the Services.
2.2 SESSIONS AND PROGRAMS
(a) Jenna Black may provide individual sessions with you as set out on the Website.
(b) Sessions must be scheduled in accordance with clause 6.1.
(c) Jenna Black may provide programs as set out on the Website (Programs).
(d) Programs generally run during set dates and it is up to you to attend all sessions in any
Program.
(e) There may be a set time frame for any sessions or Programs and if you do not use your
allocated sessions during this time frame they will be forfeited.
2.3 SUPPORT COMMUNICATIONS
(a) Jenna Black may offer to provide online support communications from time to time
(Support Communications). If Jenna Black offers to provide Support Communications
as part of your Program, you may contact Jenna Black via email during normal
business hours using the Jenna Black’s nominated contact details.
(b) Support Communications are subject to a fair use policy, which means that the Support
Communications cannot be used in a way that is excessive, unreasonable, or fraudulent,
or that disrupts or impedes Jenna Black’s ability to provide services to other clients.
(c) If your use of the Support Communications is in breach of our fair use policy as set out in
clause 2.3(b) (at our discretion), we reserve the right to suspend or no longer provide you
with the Support Communications.
2.4 RESOURCES
(a) As part of the Services, Jenna Black may provide you with pre-recorded videos,
workbooks or other materials (Resources).
(b) You acknowledge and agree that any Resources we provide will only be used for your
own personal and non-commercial purposes and will not be shared with anyone else
unless we expressly allow you to do so.
(c) You must obtain our permission if you want to share any of the Resources with anyone
else.
(d) Nothing in the Resources is intended to be a substitute for medical or professional
advice, including financial or legal advice.
3. YOUR ACCOUNT AND LICENCE
(a) Your Account will be valid for the duration of the Program and you will be given lifetime access to the Resources.
(b) You are granted a limited licence to use the Services for your own personal,
non-commercial purposes.
(c) You must not give access to your Account to any other person.
(d) We will only revoke your licence and terminate your Account if we suspect, for any
reason, in our sole discretion, that you are misusing the licence, for example by
distributing the Services to other people or giving access to your Account to other people,
you are making commercial use of or infringing our intellectual property rights in the
Services, or if you do not comply with these terms. In the event your license is revoked,
and your Account is terminated, you will not be entitled to a refund of the Fees.
4. YOUR OBLIGATIONS
By signing up to our Services, you agree:
(a) not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or
fraudulent activity (including to defame or harass Jenna Black); and
(b) to ensure that your conduct in using the Services is free from any harmful, discriminatory,
defamatory or maliciously false implications and does not contain any offensive or explicit
material; and
(c) not to act in any way that may harm the reputation of Jenna Black or do anything at all
contrary to the interests of Jenna Black.
5. PAYMENT
(a) All Fees are:
(i) as displayed and accepted by you at the time of checkout (Fees);
(ii) All goods sold by us are charged in the currency listed on the order form. If you are located in Australia the price includes Australian Goods and Services Tax.
(iii) subject to change without notice prior to signing up for the Services.
(b) (Payment obligations) You must pay the Fees in full at the time of signing up to the
Services or as set out in any payment plan you choose upon checkout (Payment Plan). You are responsible for your commitment to pay the entire fee of the Program or Service.
(c) (Payment Plans) We offer varying Payment Plans to help you pay for Programs over
several months as set out on the Website. Payment Plans must be paid in the set
timeframe for any Payment Plan, otherwise your access to the Program may be
restricted.
(d) (Missed or Late Payment Terms) We understand that there can be major life events or
circumstances that prevent making your payment on time, so we do allow you a 14-day
grace period in which to make payment for Payment Plans. However, if payment has not
been received within that time frame, then we will suspend your Program and Account
access until we have been contacted to reinstate and a cleared payment has resumed.
(e) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In
relation to any GST payable for a taxable supply by us, you must pay the GST subject to
us providing a tax invoice to you.
(f) (Card surcharges) We reserve the right to charge credit card surcharges in the event
that payment of the Fees are made using a credit, debit or charge card (including Visa,
MasterCard or American Express).
(g) (Online payment partner) We may use third-party payment providers (Payment
Providers) to collect payment of the Fees for Services. The processing of payments by
the Payment Provider will be, in addition to these terms, subject to the terms, conditions
and privacy policies of the Payment Provider and we are not liable for the security or
performance of the Payment Provider. We reserve the right to correct, or to instruct our
Payment Provider to correct, any errors or mistakes in collecting your Fees.
(h) (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for the
Services, we will attempt to contact you and inform you of this as soon as possible. You
will then have the option of sign up to the Services at the correct Fees or cancelling the
Services. If you choose to cancel the Services the Fees have already been debited, the
full amount will be credited back to your original method of payment.
6. SCHEDULING, REFUNDS AND CANCELLING
6.1 SCHEDULING
Jenna Black may use a third party scheduling provider for scheduling sessions with you. If you do
not use the third party scheduling provider, your session will not be considered as scheduled and
Jenna Black will not be responsible for providing you with a session during that time.
6.2 REFUND POLICY
(a) Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, Services and Program Materials, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided.
(b) Nothing in this clause 6 is intended to limit or otherwise affect the operation of any of your
rights which cannot be excluded under applicable law, including the Competition and
Consumer Act 2010 (Cth).
6.3 CANCELLATION BY YOU
(a) If you need to cancel or reschedule a scheduled session, you must provide Jenna Black
with at least 24 hours’ written notice, otherwise the session will be forfeited.
(b) All sessions need to be used within the timeframe agreed, otherwise any remaining
sessions will be forfeited.
(c) If you decide to no longer participate in a Program or Service, you are still responsible to pay the entire fee of the Program or Service.
6.4 CANCELLATION BY US
(a) We reserve the right to cancel any sessions, or any parts of the Program, at any time for any
reason, including where we are unable to attend due to sickness or unforeseen commitments
(including a COVID-19 lockdown or other emergency situation). If we cancel any part of the
Program, including sessions, we will aim to reschedule the Service or Program.
(b) Jenna Black may choose at any time to cancel a Program that included active support or a live community due to the Program concluding. If this happens, you will be granted lifetime access to all materials and you will be responsible for any remaining payments on a payment plan.
7. EARNINGS AND INCOME DISCLAIMER
(a) Jenna Black cannot and does not make any guarantees about your ability to get results
or save or earn any money with the Services. You acknowledge that there is an inherent
risk in any enterprise or activity and agree there is no guarantee that you will save or earn
any money or reach your goals as a result of your purchase of the Services.
(b) Any financial representations referenced by Jenna Black on the Website, or during the
provision of the Services are illustrative of concepts only and should not be considered as
promises for actual or future performance.
(c) Jenna Black works with money energetics and money mindset and this is in no way a
guarantee of income or financial advice.
8. INTELLECTUAL PROPERTY
8.1 OUR IP
(a) Intellectual Property Rights in the Services and our Services and any other related
information or materials (Materials) are owned or licensed by us. Except as permitted
under applicable laws, no part of the Material can be reproduced, adapted, distributed,
displayed, transmitted or otherwise exploited for any commercial purposes without our
express written consent.
(b) You will not under these terms acquire Intellectual Property Rights in any of Our IP.
8.2 DEFINITIONS
For the purposes of this clause 7:
(a) “Our IP” means all Materials owned or licensed by us and any Intellectual Property Rights
attaching to those Materials.
(b) “Intellectual Property Rights” means any and all present and future intellectual and
industrial property rights throughout the world, including copyright, trademarks, designs,
patents or other proprietary rights, confidential information and the right to have
information kept confidential, or any rights to registration of such rights whether created
before or after the date of these terms, whether registered or unregistered.
9. COLLECTION NOTICE AND PRIVACY
(a) We may collect personal information about you in the course of providing you with our
Services, to contact and communicate with you, to respond to your enquiries and for
other purposes set out in our Privacy Policy.
(b) Our Privacy Policy contains more information about how we use, disclose and store your
information and details how you can access and correct your personal information.
(c) We may collect sensitive information about you during the course of providing you with
services through the Services. We only collect the information that you choose to provide
us during the Services and will not collect this without your consent. It is up to you
whether you choose to disclose your sensitive information.
(d) By agreeing to these terms, you agree to be bound by the clauses outlined in our Privacy
Policy.
(e) Jenna Black, and other Program participants, may share personal and/or sensitive
information with you during the Program. You must all times maintain tother
he privacy and confidentiality of this information and you cannot share participants personal and
sensitive information with anyone else. You cannot share any information or recordings,
(including any recordings or information that is on any of our social media platforms) on
social media or any other platform, with anyone else.
(f) Jenna Black may record sessions, including in Programs. If you choose to continue with
that session or Program, you must consent to the recording of the session.
10. CONFIDENTIALITY
10.1 CONFIDENTIAL INFORMATION
You must all times, maintain the confidentiality of any information provided to you in any part of the
Services, Resources and Support Communication.
The parties will not, during or at any time after the Services or Program is completed, disclose
Confidential Information directly or indirectly to any third party except:
(a) with the other party's prior written consent;
(b) as required by law.
10.2 BREACH
If either party becomes aware of a suspected or actual breach of clause 10.1 by that party, that
party will immediately notify the other party and take reasonable steps required to prevent, stop or
mitigate the suspected or actual breach. The parties agree that damages may not be a sufficient
remedy for a breach of this clause 10.1.
10.3 PERMITTED USE
A party may only use the Confidential Information of the other party for the purposes of exercising
its rights or performing its obligations under this agreement.
10.4 RETURN
On termination or expiration of this agreement, each party must immediately return to the other
party, or (if requested by the other party) destroy, any documents or other Material in its possession
or control containing Confidential Information of the other party.
11. THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES
11.1 THIRD PARTY GOODS AND SERVICES
(a) The Services may be powered by goods or services provided by third parties (including
third party platforms) and therefore subject to the terms and conditions of those third
parties. Your use of the Services is subject to any applicable third party terms and
conditions and you agree to familiarise yourself with all applicable third party terms and
conditions.
(b) To the maximum extent permitted under applicable law and our agreements with any
applicable third parties, we will not be liable for any acts or omissions of those third
parties, including in relation to any fault or error of the Services or any issues experienced
in any Program.
11.2 THIRD PARTY CONTENT
The Services may contain text, images, data and other content provided by a third party and
displayed in the information provided through the Services (Third Party Content). We accept no
responsibility for Third Party Content and make no representation, warranty or guarantee about the
quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
11.3 LINKS TO OTHER WEBSITES
(a) The Services may contain links to other websites that are not our responsibility. We have
no control over the content of any linked websites, and we are not responsible for that
content.
(b) Inclusion of any linked website on the Services does not imply our approval or
endorsement of the linked website.
12. SECURITY
We do not accept responsibility for loss or damage to computer systems, mobile phones or other
electronic devices arising in connection with use of the Services. You should take your own
precautions to ensure that the process that you employ for accessing the Services does not
expose you to risk of viruses, malicious computer code or other forms of interference.
13. REPORTING MISUSE
If you become aware of misuse of the Services by any person, any errors in the material in the
Services or any difficulty in accessing or using the Services, please contact us immediately using
the contact details or form provided on our Website.
14. SERVICE LIMITATIONS
The Services is made available to you strictly on an 'as is' basis. Without limitation, you
acknowledge and agree that we cannot and do not represent, warrant or guarantee that:
(a) the Services will be free from errors or defects;
(b) the Services will be accessible at all times;
(c) information you receive or supply through the Services will be secure or confidential; or
(d) any information provided through the Services is accurate or true.
15. NOTICES
(a) A notice or other communication to a party under these terms must be:
(i) in writing and in English; and
(ii) delivered to the other party via email, to the email address most regularly used
by the parties to correspond regarding the subject matter of these terms as at
the date of these terms (Email Address). The parties may update their Email
Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that the email
was not delivered to the other party's Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party, whichever is earlier.
16. LIABILITY
(a) To the maximum extent permitted by applicable law, we limit all liability to any person for
loss or damage of any kind, however arising whether in contract, tort (including
negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to
the Services, the Website, the Services these terms or any other goods or services
provided by us provided by us to the value of the Fees (if any) paid for the Services. If no
Fee has been paid, liability is excluded to the maximum extent permitted by applicable
law.
(b) All express or implied representations and warranties in relation to the Services, the
Website, the Services these terms or any other goods or services provided by us are, to
the maximum extent permitted by applicable law, excluded.
(c) Nothing in these terms is intended to limit the operation of the Australian Consumer Law
contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you
may be entitled to certain remedies (like a refund or replacement) if there is a failure with
the goods or services we provide.
(d) (Indemnity) You indemnify us and our employees and agents in respect of all liability for
loss, damage or injury which is or may be suffered by any person arising from your or
your representatives':
(i) breach of any of these terms;
(ii) use of the Services, the Website, the Services or any other goods or services
provided by us; or
(iii) use of any other goods or services provided by us.
(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances
will we be liable for any incidental, special or consequential loss or damages, or damages
for loss of data, business or business opportunity, goodwill, anticipated savings, profits or
revenue arising under or in connection with the Services, the Website or the Services,
these terms or any other goods or services provided by us (except to the extent this
liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
17. DISPUTE RESOLUTION
(a) A party claiming that a dispute has arisen under or in connection with this agreement
must not commence court proceedings arising from or relating to the dispute, other than a
claim for urgent interlocutory relief, unless that party has complied with the requirements
of this clause.
(b) A party that requires resolution of a dispute which arises under or in connection with this
agreement must give the other party or parties to the dispute written notice containing
reasonable details of the dispute and requiring its resolution under this clause. It is the intent of Jenna Black that should any differences arise, we could work them out amicably through written correspondence. Prior to seeking legal support, you agree to send an email to us at [email protected] and include all of your reasons for dissatisfaction with your Program.
(c) Once the dispute notice has been given, each party to the dispute must then use its best
efforts to resolve the dispute in good faith. You understand and agree now that the only remedy that can be awarded to you through written dispute is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
18. TERMINATION
18.1 TERMINATION FOR CONVENIENCE
We may, in our sole discretion, terminate these terms for convenience at any time by providing 7
days’ written notice to you.
18.2 TERMINATION FOR CAUSE
Either party may immediately terminate these terms by written notice to the other party if:
(a) the other party is in default or breach of these terms;
(b) the other party is convicted, or any of the other party’s personnel are convicted, of a
criminal offence involving fraud or dishonesty or an offence which, in the opinion of the
other party, affects the other party’s obligations under these terms;
(c) the other party or any of the other party’s personnel conducts themselves in a way
tending to bring them or the other party into disrepute; or
(d) the other party or any of the other party’s personnel has a conflict of interest that cannot
be resolved to the satisfaction of the other party.
18.3 EFFECT OF TERMINATION
Upon termination of these terms:
(a) your Account may be terminated, and you will no longer have access to the Services;
(b) any Fees paid are non-refundable (except in accordance with clause 6.4); and
(c) if requested, you must immediately deliver to us all property belonging to us and materials
comprising or containing any of Our IP (as defined in clause 8.2(a)) which is in your care,
custody or control, and you must thereafter destroy any copies you have of such
materials.
18.4 SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these terms will survive and be enforceable after such termination or expiry.
19. FORCE MAJEURE
(a) Jenna Black will not be liable for any delay or failure to perform its obligations under this
agreement if such delay or failure arises out of a Force Majeure Event.
(b) If a Force Majeure Event occurs, Jenna Black must use reasonable endeavours to notify
you of:
(i) reasonable details of the Force Majeure Event; and
(ii) so far as is known, the probable extent to which the Supplier will be unable to
perform or be delayed in performing its obligations under this agreement.
(c) Subject to compliance with clause 19(b), the relevant obligation of Jenna Black will be
suspended during the Force Majeure Event to the extent that it is affected by the Force
Majeure Event.
(d) For the purposes of this agreement, a ‘Force Majeure Event’ means any:
(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide,
explosion or fire;
(ii) strikes or other industrial action outside of the control of the Supplier; or
(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil
commotion, epidemic, pandemic; or
(iv) any decision of a government authority in relation to COVID-19, or any threat of
COVID-19 beyond the reasonable control of Jenna Black, to the extent it affects
Jenna Black’s ability to perform its obligations.
20. GENERAL
20.1 GOVERNING LAW AND JURISDICTION
These terms is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party
irrevocably waives any objection to the venue of any legal process on the basis that the process
has been brought in an inconvenient forum.
20.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any
right unless the waiver is in writing and signed by the party granting the waiver.
20.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent
that it is void or unenforceable. The validity and enforceability of the remainder of these terms is
not limited or otherwise affected.
20.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or
benefits them jointly and severally.
20.5 ASSIGNMENT
You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms
without the prior written consent of the other party. We can assign the rights or novate these terms
in whole or part without your consent, on notice which may be communicated electronically on the
website or by email.
20.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in
connection with negotiating, preparing, executing and performing these terms.
20.7 ENTIRE AGREEMENT
These terms embodies the entire agreement between the parties and supersedes any prior
negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to
the subject matter of these terms.
20.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other
gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech
or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to "person" or "you" includes an individual, the estate of an
individual, a corporation, an authority, an association, consortium or joint venture
(whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party's executors, administrators, successors
and permitted assigns, including persons taking by way of novation and, in the case of a
trustee, includes any substituted or additional trustee;
(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or
annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or
annexure to or of these terms, and a reference to these terms includes all schedules,
exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including these terms) is to that document as
varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect
interpretation;
(i) (includes) the word "includes" and similar words in any form is not a word of limitation;
and
(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a
party because that party was responsible for the preparation of these terms or that
provision.
Terms & Conditions
Jenna Black International Pty Ltd
Suite 126, 20-40 Meagher Street, Chippendale,NSW,2008
Australia