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The Legal Stuff
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Privacy Policy | Website Terms & Conditions | Goods & Services Terms & Conditions | Affiliate Terms | Design Dollars Terms
Privacy Policy
Last edited 1st October 2018
1. We respect your privacy
1.1. Jessica Haines Design respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.
1.2. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).
1.3. "Personal information" is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.
1.4. You may contact us in writing at 600 Hoxton Park Rd, Hoxton Park, New South Wales, 2171 for further information about this Privacy Policy.
2. What personal information is collected
2.1. Jessica Haines Design will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms.
2.2. You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.
2.3. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
2.4. Additionally, we may also collect any other information you provide while interacting with us.
3. How we collect your personal information
3.1. Jessica Haines Design collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
3.2. By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.
4. How we use your personal information
4.1. Jessica Haines Design may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.
4.2. Jessica Haines Design will use personal information only for the purposes that you consent to. This may include to:
(a) provide you with products and services during the usual course of our business activities;
(b) administer our business activities;
(c) manage, research and develop our products and services;
(d) provide you with information about our products and services;
(e) communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and
(f) investigate any complaints.
4.3. We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.
4.4. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.
5. Disclosure of your personal information
5.1. Jessica Haines Design may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.
5.2. If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.
6. General Data Protection Regulation (GDPR) for the European Union (EU)
6.1. Jessica Haines Design will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.
6.2. We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.
6.3. We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.
6.4. We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.
6.5. We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.
6.6. We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.
6.7. We do not collect or process any personal information from you that is considered "Sensitive Personal Information" under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.
6.8. You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.
7. Your rights under the GDPR
7.1. If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. Jessica Haines Design complies with your rights under the GDPR as to how your personal information is used and controlled
7.2. Except as otherwise provided in the GDPR, you have the following rights:
(a) to be informed how your personal information is being used;
(b) access your personal information (we will provide you with a free copy of it);
(c) to correct your personal information if it is inaccurate or incomplete;
(d) to delete your personal information (also known as "the right to be forgotten");
(e) to restrict processing of your personal information;
(f) to retain and reuse your personal information for your own purposes;
(g) to object to your personal information being used; and
(h) to object against automated decision making and profiling.
7.3. Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.
7.4. We may ask you to verify your identity before acting on any of your requests.
8. Hosting and International Data Transfers
8.1. Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to Australia and USA.
8.2. We and our other group companies have offices and/or facilities in Australia and USA. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Jessica Haines Design's Data Protection Officer.
8.3. The hosting facilities for our website are situated in Australia and USA. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Jessica Haines Design's Data Protection Officer.
8.4. Our Suppliers and Contractors are situated in Australia and USA. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Jessica Haines Design's Data Protection Officer.
8.5. You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
9. Security of your personal information
9.1. Jessica Haines Design is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
9.2. Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.
9.3. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
10. Access to your personal information
10.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at support@jessicahainesdesign.com.
10.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.
11. Complaints about privacy
11.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to support@jessicahainesdesign.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
12. Changes to Privacy Policy
12.1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
13. Website
13.1. When you visit our website (www.jessicahainesdesign.com), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
13.2. Cookies: We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.
13.3. Third party sites: Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Jessica Haines Design is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
Terms & Conditions
Last edited 1st October 2018
By using www.jessicahainesdesign.com and the services and information offered on this website, you are agreeing to these terms and conditions.
If you purchase products or services through www.jessicahainesdesign.com, there will be additional terms and conditions relating to the purchase. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.
Definitions
Services means Squarespace Website Design or Branding services
The Website means the www.jessicahainesdesign.com
We / Us etc means Jessica Haines Design and any subsidiaries, affiliates, employees, officers, agents or assigns.
Accuracy of content
We have taken proper care and precautions to ensure that the information we provide on this website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this website or on any linked site.
The information contained on this website should not take the place of professional advice.
Use
The website is made available for your use on your acceptance and compliance with these terms and conditions. By using this website, you are agreeing to these terms and conditions.
You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorise any third party to use, the website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the website or the services.
If you make any public comments on this website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the website or the services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the website.
We reserve the right to refuse or terminate service to anyone at any time without notice or reason.
Passwords and logins
You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
Indemnification for loss or damage
You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this website or the services or information offered on this website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
Intellectual property and copyrights
We hold the copyright to the content of this website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the website or in connection with the services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement.
If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:
support@jessicahainesdesign.com
Trademarks
The trademarks and logos contained on this website are trademarks of Jessica Haines Design. Use of these trademarks is strictly prohibited except with Our express, written consent.
Links to external websites
This Website may contain links that direct you outside of this website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.
You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
Limitation of Liability
We take no responsibility for the accuracy of any of the content or statements contained on this website or in relation to our services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the website or our services.
Information Collection
Use of information you have provided us with, or that we have collected and retained relating to your use of the website and/or our services, is governed by our Privacy Policy. By using this website and the services associated with this website, you are agreeing to the Privacy Policy. To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.
Confidentiality
All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this website will be confidential due to the potential ability of third parties to intercept and access such information.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in New South Wales.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
Other terms
If you enlist my services, you will be provided with a contract of service at the time of booking a design date. This outlines the full Terms & Conditions we will be bound by before, during and after your website design process, including but not limited to payments, refunds, design date changes, price adjustments, content limits, turnaround times, accreditation and promotion.
Terms and Conditions for the Online Sale of Goods and Services
Last edited 2nd November 2022
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM MY WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH JESSICA HAINES DESIGN, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through Jessica Haines Design (the "Site") pages and accounts on Facebook®, Instagram®, Pinterest® and YouTube® (the “Sites). Please read both these Terms, my Terms of Use, and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your purchase of any product or services that are available through this Site means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Jessica Haines Design and you will not take place unless and until you have received your order confirmation e-mail.
Prices and Payment Terms
All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, American Express, Apple Pay and Stripe for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Refunds
Due to the digital nature of the products on this site, we do not offer and refunds made on any purchases. If you have questions prior to purchase, please reach out to support@jessicahainesdesign.com
Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The informal dispute resolution procedure detailed in Section IX(D) is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
Intellectual Property Use and Ownership
You acknowledge and agree that:
Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.
You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You will not cause, induce or permit others' noncompliance with the terms and conditions of any of these product and service license agreements.
Jessica Haines Design is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
Governing Law
The Parties have entered into this Agreement in the State of New South Wales, Australia and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of New South Wales, Australia, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of New South Wales, Australia, and that venue of any action will be located in the New South Wales, Australia.
Binding Effect
This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
Indemnification
To the extent permitted by applicable laws, both Consumer and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expenses whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
Binding Arbitration
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF NEW SOUTH WALES, AUSTRALIA, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
Entire Agreement
This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.
Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of Jessica Haines Design’s intellectual property rights and confidential and proprietary information by you, Jessica Haines Design will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Jessica Haines Design may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in New South Wales, Australia for purposes of any such action by Jessica Haines Design.
Compliance with Law
The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
No Waiver
If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Force Majure
Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Affiliate Program Terms of Use
Last edited 7th May 2023
This contract is an Affiliate Agreement (hereinafter “Agreement”) used by Jessica Haines Design ("Company") to allow parties to promote Company’s digital products, courses and programs in exchange for an affiliate commission on accredited sales. This Agreement is between Company and the party agreeing to the terms and conditions in order to promote on behalf of Company (hereinafter “Affiliate”).
1. Promotion
Affiliate may promote Company’s programs however they see fit provided they do so within any parameters set by Company either in this Agreement or within any of promotion resources provided to Affiliate. Affiliate also agrees to promote the programs with integrity and to not make any misleading statements to induce sales or otherwise violate any laws within Affiliate’s jurisdiction.
2. Compensation
Company will provide Affiliate with a unique tracking link to promote Company’s programs. Company will pay Affiliate a fee (hereinafter “Commission”) for each sale affiliated with Affiliate’s unique link. Tracking of these sales is automatically done by Company’s marketing system. Affiliate understands they will be paid only for sales tracked through Company’s systems and associated with Affiliate’s link. Affiliate is solely responsible to make sure they use the correct affiliate link provided by Company when promoting the sale. Commission is exclusively tied to the correct use of the Affiliate link, and Affiliate will only be compensated for sales associated with their Affiliate Link.
Affiliate will be granted access to an Affiliate Dashboard on Thrivecart.com once approved as an Affiliate. This Dashboard will be unique to you and will provide you with ready-made Affiliate links containing your Affiliate ID details.
NOTE: Affiliate understands they will not be paid on sales they refer to themselves. Self-commissions are excluded.
Affiliate will earn a Commission equal to 35% of the gross revenue for each sale of course outlined in the Affiliate Hub (hereinafter “Program” or “Programs”). Affiliate understands that Company may update this commission structure at any time and that Commissions earned after such updates will be at those updated percentages.
Affiliate agrees to fulfil Company’s request for all tax information necessary to maintain Affiliate’s relationship with Company.
3. Refund Period
Company may issue customer refunds at their discretion. Affiliate is not entitled to a Commissions on refunded sales.
4. Chargebacks
Affiliate further agrees that Company shall have the right to collect back from Affiliate any Commissions paid to Affiliate that were refunded due to chargebacks or any extenuating circumstances causing a refund.
5. Payouts
Company will send Commissions via PayPal within fourteen (14) days of the transaction. If Affiliate earns a commission on a Program with an installment agreement or payment plan, Company will send Affiliate’s Commissions in installments proportional to the payment plan chosen by Company’s student. For example, if Affiliate earns a 35% commission on a $3,000 sale where the student agrees to pay in three equal installments, Affiliate will receive their $1,050 Commission in three equal installments of $350. Company, may, at their sole discretion, instead choose to pay the Commission in one lump sum once all payments have been received from the student.
6. Promotion Materials
Company may provide to Affiliate graphics, email, web, or social copy, and other templates (hereinafter “Materials”) for Affiliate to use in the promotion of the Programs. The Materials may include design elements proprietary to Company. Company grants Affiliate a revocable, non-exclusive license to use the Materials solely in relation to their efforts promoting the Program under this Agreement. Distribution of Materials is prohibited.
7. Cancellation
Company may cancel this Agreement at any time. Company will this remove any affiliate links, and Affiliate agrees to cease any further promotion or use of the Materials.
8. Force Majeure
Company shall not be liable or responsible to Student, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
9. Independent Contractor
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Affiliate understands that they are an independent contractor, and that they are responsible for their own taxes on any Commissions.
10. Severability
If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.
11. Liability
Affiliate agrees to absolve Company of any and all liability or loss any person may suffer or incur as a result of their participation in the affiliate program. Affiliate agrees that Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
12. Assignment
Affiliate may not assign this Agreement without express written consent of Company.
13. Modification
Company may modify terms of this agreement at any time. Company will notify Affiliate by email when Company makes modifications. These modifications may include, but are not limited to, changes to the Commission, fee schedules, payment procedures, included Programs and Affiliate Program rules.
If any modifications are unacceptable to the Affiliate, the only recourse is to terminate this Agreement and cease the use of all Affiliate links. If Affiliate continues to use their Affiliate link, it will be considered acceptance of the change.
All changes will be announced to Affiliates via the email address they supplied.
14. Indemnification
Affiliate agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of Affiliate’s promotion and participation as an affiliate and related services, or violation of any terms of this Agreement, or any violation of any applicable laws, rules or regulations.
15. Dispute Resolution
Affiliate expressly waives any and all claims, now or in the future, arising out of or relating to this Agreement. To the extent Affiliate attempts to assert any such claim, Student hereby expressly agrees to present such claim only in the small claims courts in Sydney, NSW, Australia.
16. Waiver
No waiver of any default by any party or parties to this Agreement shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated.
17. Article Headings
All article, paragraph, and section headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction, or effect of this Agreement or any of the provisions thereof.
18. Sole and Only Agreement
This Contract contains the entire understanding between the parties with respect to the subject matter and supersedes any and all other prior written Contracts and understandings (whether oral or written) between the parties. No amendment or modification of this Contract shall be effective unless executed in writing by both parties.
19. Communication
Affiliate agrees to keep their email address updated for payments to be made. It is not the Company’s responsibility to track down an Affiliate to make a payment. Company will make reasonable attempts to pay Affiliate for up to 3 months using Affiliate’s provided information. If Company is unable to contact Affiliate during this period through reasonable efforts, Affiliate will forfeit any payments owed to them.
Affiliate agrees to receive emails regarding this affiliate program. This may include, but is not limited to, updates to the Affiliate program, the addition of new Programs to the Affiliate program, updated promotional materials, upcoming sales and potential Affiliate bonuses.
Affiliates will not be added onto the main Company email list unless they choose to do so of their own accord.
20. Federal Trade Commission Disclosure
Affiliate agrees to follow current FTC endorsement guidelines for disclosure when sharing affiliate links. The link below covers these guidelines in more depth.
https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking
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Design Dollars Terms
Last edited 5th January, 2025
Woohoo, you have some Design Dollars!
This is like a gift card, but for your business, and you can use it towards anything I offer in my business (services or courses), unless stated otherwise.
You can use your Design Dollars towards something bigger, or towards multiple things (and you don’t have to spend it all in one go).
You must apply your Design Dollars BEFORE purchasing. It can’t be applied retrospectively.
Promotions and launches are a great time to redeem your Design Dollars since you’ll get any bonuses or discounts that are available (just as thouh you were paying with cash).
Design Dollars are NOT available for purchase (they are given as a bonus/incentive/giveaway/fun surprise), and they are NOT redeemable for cash.
Design Dollars are non-transferable and cannot be used by another person, business or member of your team. If it has been found that you have provided your code to someone else, their course access will be removed and your Design Dollars will be forfeited.
We reserve the right to remove, revoke, restrict or otherwise void any Design Dollar balances in case of abuse or exceptional circumstances, such as payments plans falling in arrears. This will be handled at our discretion on a case-by-case basis.
Design Dollars and any items redeemed with Design Dollars are subject to our terms and conditions above.
How to Redeem your Design Dollars
If you want to redeem some or all of your Design Dollars, simply email hello@jessicahainesdesign.com with the name of the offer you’d like to redeem your Design Dollars for and you’ll be sent a code to use at the checkout or be given access to the offer(s) directly.
You’ll typically recieve a response within 1-2 business days, but this may take longer during a launch. If you email during a launch period, any discounts or offers will be honoured for at least 24 hours after we’ve responded to your request to use your Design Dollars as long as you have emailed before the offer deadline.
You can check your balance at any time by emailing hello@jessicahainesdesign.com.
If you suspect you have Design Dollars under multiple email addresses, please supply all email addresses you currently have in use to hello@jessicahainesdesign.com and we can look them up.
What can you spend Design Dollars on?
You can use it towards anything I offer in my business (services or courses), unless stated otherwise. It will not be available for any collaborative offers such as bundles, summits or joint courses.
How long is it valid for?
Design Dollars will be valid for a period of 6 months from the date of issue unless otherwise stated.
You will recieve an email when Design Dollars are issued confirming the date they expire, along with a reminder email 60 days and 7 days before they expire. These reminder emails are a courtesy, but please be mindful that it is your responsiblity to use your Design Dollars before they expire.
Any unused Design Dollars will expire after this date and can no longer be redeemed. Extensions will not be given except in extenuating circimstances that are considered on a case-by-case basis.
Want to offer credit like this in your business? Check out Elizabeth Goddard’s $9 course, Credit To Your Business!
*This is an affiliate link. By purchasing via this link, I will earn a commission at no extra cost to you