©2017 BY VITALITY TRAIL. PROUDLY CREATED WITH WIX.COM

These materials contain proprietary content and may not be duplicated, excerpted, distributed or sold without written permission of the copyright owner.

 

LEGAL DISCLAIMER

No portion of this material is intended to offer professional, legal, medical, personal or financial advice. The information contained herein cannot replace or substitute for the services of trained professionals in any field, including but not limited to, financial or legal matters. Under no circumstances will Brooke (BB) or Vitality Trail be liable for any special or consequential damages that result from the use of, or the inability to use, the information and strategies communicated through these materials or any services provided prior to or following the receipt of these materials

This program is intended for those who are ready and able to take control of their lives in order to achieve a more enjoyable life and frame of mind. It is not intended to diagnose or treat mental illness or mental health problems.

See your medical professional and or Naturopath if you are suffering mental illness or physical body symptoms of any kind.

This program may be used as a guide and assistance to living with a balanced frame of mind and is an essential adjunct to your healing program.

The author of this program, book and website is not a medical practitioner and is in no way diagnosing or prescribing anything.

The author of this program, book and website is speaking from the experiences of her life, her many teachers and lessons learnt along the way.

The author and publisher of this site (Vitalitytrail.com) and the accompanying resources and materials have used their best efforts in preparing this site. The owner and publisher make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this site. The information contained in this site is strictly for educational and informational purposes. Therefore, if you wish to apply ideas contained in this site, you take full responsibility for your actions.

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THESE PRODUCTS AND THEIR POTENTIAL. EVEN THOUGH MINDFULNESS / INFORMATION CAN PRODUCE GREAT RETURNS IN TERMS OF MINDSET, THERE IS NO GUARANTEE THAT YOU ACHIEVE THE LIFE YOU DESIRE USING THE TECHNIQUES AND IDEAS IN MATERIALS, TECHNIQUES, PRODUCTS OR ADVICE FOUND ON OR THROUGH THIS SITE. EXAMPLES THAT MAY BE GIVEN IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF LIFESTYLE OR MENTAL WELLNESS. YOUR OUTCOME IS ENTIRELY DEPENDENT ON THE PERSON OR PERSONS USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS TO GUARANTEE A RETURN ON INVESTMENT. 

ANY CLAIMS MADE OF EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR HAPPINESS LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

MATERIALS IN OUR PRODUCTS AND ON OUR SITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT”, “PROJECT”, “INTEND”, “PLAN”, “BELIEVE”, AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL MINDSET.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR PROMOTIONAL MATERIALS ARE INTENDED TO EXPRESS OUR OPINION OF MINDSET POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE’S, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES OR MATERIALS AT ALL.

The owner of Vitalitytrail.com disclaim any warranties (express or implied), merchantability, or fitness of materials expressed for any particular purpose. The owner and company shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this material, which is provided as is, and without warranties.

As always, the advice of a competent medical, legal, tax, accounting or other applicable professional should be sought before using any materials found here or elsewhere.

The company and owner do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this site.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

This site is copyrighted by Vitalitytrail.com. No part of this may be copied, or changed in any format, sold, or used in any way, online or offline, other than what is outlined within this site, under any circumstances without express permission from Vitalitytrail and vitalitytrail.com

CONTACT INFORMATION:
vitalitytrail101@gmail.com

Terms and Conditions

Welcome https://www.vitalitytrail.com/ (our Site).

This Site gives you an opportunity to browse and purchase products and services for families and individuals offered by Vitality Trail.

These Terms and Conditions (Terms) govern your use of this Site, as well as Vitality Trail’s products and services, and form a binding contractual agreement between you and us.
These Terms are important and you should ensure that you read them carefully and contact Vitality Trail at vitalitytrail101@gmail.com if you have any questions before purchasing our products or engaging our services.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.
VitalityTrail’s products and services are intended for people aged 18 and over, or under 18 with adult supervision only.

ACCEPTANCE OF TERMS

  1. By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, or purchasing tickets to attend any Vitality Trail Events, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

  2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to contact us at vitalitytrail101@gmail.com and immediately discontinue your use of the products and/or services.

GENERAL DISCLAIMER

  1. All Vitality Trail products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.

  1. VitalityTrail provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.

  1. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

  1. You acknowledge and agree that Vitality Trail, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

MINDSET AND HAPPINESS DISCLAIMER

  1. Vitality Trail cannot and does not make any guarantees about your ability to get results or change your life or mindset with our ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any activity and agree there is no guarantee that you will have a better mindset as a result of your purchase of our products and/or services.

  1. Any mental and emotional representations referenced by us on the Site, in our videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.

REGISTERING YOUR DETAILS

  1. Before you purchase our products and/or services, you must register an account with us.

  1. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.

  1. We may at any time request a form of identification to verify your identity.

  1. If you are a registered user or member to this Site, you acknowledge and agree that:

  1. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);

  2. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;

  3. You will immediately notify us if your Password is lost or becomes known to any other person

  4. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and

  5. Any information you provide to us for posting or inclusion in our VitalityTrail and Powerful Me Community, at any time, becomes our property.

  1. To the extent that you provide personal information, Vitality Trail will treat such information strictly in accordance with its Privacy Policy.

  1. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.

  1. Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.

YOUR OBLIGATIONS

  1. When using our products and/or services, you may be given access to Facebook groups, other online or in person forums (Vitality Trail Community) or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Vitality Trail Community any of the following:

  1. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.

  2. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

  3. Information that includes personal or identifying information about another person without that person’s consent.

  4. Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.

  5. Any information or content that impersonates any person or entity.

  6. Any material, non-public information about companies without authorisation to do so.

  7. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

  1. By posting or otherwise publishing Your Content on our Site or Vitality Trail Community, you:

  1. Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;

  2. Warrant that you have the right to grant the above licences;

  3. Warrant that Your Content does not breach these Terms; and

  4. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

  1. We reserve the right (but have no obligation) to:

  1. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

  2. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

CODE OF CONDUCT

  1. Our Site and Vitality Trail Community is a space for learning and is a pitch-free, solicitation-free and sales-free environment.

  1. Whilst using this Site and/or our Vitality Trail Community, we ask that you not:

  1. Contact anyone who has asked not to be contacted.

  2. Collect personal data about other users for commercial or unlawful purposes.

  3. Infringe other user’s privacy rights.

  4. Violate the intellectual property of others.

  5. Post anything that contains software viruses, worms or any other harmful code; or

  6. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.

  1. Please see our Vitality Trail Community Guidelines in the appendix to these Terms for more information.

CONFIDENTIALITY

  1. We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other Vitality Trail product and/or services participants (Participants) and representatives of Vitality Trail.

  1. You agree:

  1. That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.

  2. Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.

  3. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us.

  4. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

  1. While you are free to discuss your personal results from our services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.

COPYRIGHT AND TRADE MARK NOTICES

  1. All material on this Site, in our Vitality Trail Community or otherwise delivered by us by us including (but not limited to) course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.

  2. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.

  3. The trademarks, logos, and service marks displayed on our Site are the registered and/or unregistered trademarks of Vitality Trail. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Vitality Trail, in any manner that is likely to cause confusion with customers, or in any manner that disparages Vitality Trail.

  4. Nothing contained on this Site or in our Vitality Trail Community should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.

  5. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Vitality Trail will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

RIGHT TO SUSPEND, TERMINATE AND REFUND

  1. We reserve the right to suspend or terminate your use of the Site, the Vitality Trail Community or our products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.

  2. Refunds are not provided for our products and/or services, including where you have been given access to Our Content or our Vitality Trail Community, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act 2010 (Cth).

FINANCIAL TERMS

  1. The cost, cancellation and refund, if any, details of our products and services are set out below:

Product or ServiceRecommended Retail Price (in AU dollars)*DurationCancellationRefund

The Powerful me program $297 8 weeksn/a14 day Guarantee

  1. Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will be granted at the discretion of the Vitality Trail team.

  2. Invoices for any Vitality Trail program are automatically generated and can be requested at any time by emailing vitalitytrail101@gmail.com.

  3. Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:

  1. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.

  2. If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.

  1. Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.

  2. We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.

  3. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

  4. We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.

  5. We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.

  6. In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.

  7. From time to time, Vitality Trail may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.

  1. You hereby waive any and all legal rights you may have against Vitality Trail in respect of Recordings of your participation in the event and grant to Vitality Trail the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.

  2. You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.

  3. You hereby release, discharge and agree to hold harmless Vitality Trail from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.

  4. You acknowledge and understand that you are not permitted to make any of your own Recordings at any Event, webinar or other in-person forum.

LIABILITY IS LIMITED

  1. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Australian Consumer Law.

  2. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Vitality Trail Community or Our Content.

  3. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, Vitality Trail Community or Our Content.

  4. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

  1. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).

  2. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.

  3. Accessing websites or servers maintained by other organisations through links on our Site, Vitality Trail Community or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.

  4. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

YOUR INDEMNITY

  1. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Vitality Trail Community or through use of our products or services.

AFFILIATE DISCLOSURE

  1. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this Site or via our Vitality Trail Community.

NO ASSIGNMENT

  1. You cannot transfer or assign your Vitality Trail membership without Vitality Trail’s prior written consent.

  2. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

DISPUTE RESOLUTION

  1. If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

  2. In the case of claims against us, all notices are to be provided to ask@gracelever.com.

  3. If the dispute is not resolved by agreement within five (5) business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five (5) business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

  4. Once a mediator is appointed, the parties agree that:

    1. The costs of the mediator shall be borne equally between the disputing parties.

    2. The chosen mediator shall determine the procedures for mediation.

    3. The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

  5. If the parties have not mediated a resolution of the dispute within ten (10) business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

  6. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

  7. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.

  8. This clause survives termination of these Terms.

APPLICABLE LAW

  1. These Terms shall be construed in accordance with and governed by the laws of South Australia. You consent to the exclusive jurisdiction of the courts in South Australia to determine any matter or dispute which arises between us.

YOUR FEEDBACK

  1. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.

  2. If you have questions or comments regarding this Site, or Grace Lever® products or services, please email us at ask@gracelever.com.

Company Details

Trading Name: Inbound Marketing Pty Ltd t/as Grace Lever®, The Doing Academy® and The Doers Way®
ACN: 146 673 190
Country: Australia
Telephone Number: 0447 223 006
Email: ask@gracelever.com

APPENDIX

COMMUNITY GUIDELINES

Business owners of all levels are welcome here. We have community members of all skill and experience levels, from college students to entrepreneurs to multi-million dollar enterprises.

We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.

  • Business owners of all levels are welcome here.
    We have members of all skill and experience levels, from college students to entrepreneurs to multi-million dollar enterprises.

  • Keep it respectful
    Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.

  • No pitching to the group
    We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.

  • No gated content
    Content posted in the groups cannot be used to harvest leads in any way. If you need a feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view.

  • Respect confidentiality
    Content gathered in our Grace Lever® Community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.

  • Keep it on topic
    We reserve the right to remove posts based on off-topic content or offensive content.

  • Partnering with other members
    Access to this group does not mean that Inbound Marketing Pty Ltd t/as Grace Lever® and or The Doing Academy® endorses anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume everyone is trustworthy.

  • Report posts that are breaking group policies
    Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manger directly via private message so our team can review them.

  • Breaking the rules
    If you are deemed to be breaking the rules of the group, Inbound Marketing Pty Ltd t/as Grace Lever® and or The Doing Academy® reserves the right to remove you from the Facebook group that the offending behaviour has occurred within.

THE DOERS WAY® – DONE-FOR-YOU LEAD MAGNET TO CONSULT FUNNEL™ TERMS & CONDITIONS

These terms contained within this Done-For-You Lead Magnet to Consult Funnel™ Agreement together with our general terms and conditions and privacy policy available on our website (Agreement) govern the terms on which Inbound Marketing Pty Ltd (ACN 146 673 190) trading as The Doers Way® (The Doers Way®, we, us) agrees to provide the service (as defined below) to you as well as its related services and products (Services), and forms a binding contractual agreement between you and us.

This Agreement is an important legally binding document and you should ensure that you read carefully and contact us if you have any questions before purchasing any of our Services.

This Agreement constitutes the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings, apart from our general terms and conditions and privacy policy found on our website and which these terms also apply.

These Services are intended for people who can form legally binding contracts. If you do not qualify, please do not use our Services.

ACCEPTANCE OF TERMS

  1. You agree to be bound by this Agreement, which you acknowledge that you have read and understood when you:

    1. provide us with instructions to commence with the Services; or

    2. process or make payment of any amount for the Services; or

    3. you return a signed copy of this Agreement; or

    4. you give your acceptance either through signature or clickable agreement on www.thedoersway.net (Site).

  2. We may change all or part of this Agreement at any time. If we do, the new terms and conditions will be posted on our Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Agreement, your only remedy is to contact us and immediately discontinue your use of the Services.

OUR SERVICES

  1. The Done-For-You Lead Magnet to Consult Funnel™ is a done-for-you setup by the technical team at The Doers Way® tailored for your business using Clickfunnels and your chosen marketing tool being only either Infusionsoft, MailChimp or Active Campaign) (the Program).

  2. You may sign up to engage The Doers Way® to provide the Program either through the Site.

  3. Once you have accepted this Agreement, and subject to receipt of payment of any required fees, The Doers Way® agrees to provide you with the Program for the Duration.

  4. Our in-house web developers will build and provide:

    1. Done-For-You Lead Magnet Opt-In Page (being the lead capture page and the start point of the Consult Funnel;

    2. Thank You Page where a sales letter or video will promote the participant’s consult of choice;

    3. Booking Page where clients can book a consult with the participant;

    4. Application Page to pre-qualify clients who booked a consult with the participant; and

    5. Confirmation Page letting participant’s client know they are booked in for the consult.

  5. The Program will involve you completing all required questionnaires including but not limited to 6 questionnaires pertaining to the Done-For-You Lead Magnet to Consult Funnel™ information, 1 questionnaire pertaining to the Done-For-You Lead Magnet™ Information and any other questionnaires provided by us to you. Non-completion of those questionnaires in a prompt timeframe will delay any delivery of the Program by us to you. If all the answers to those questionnaires are not provided to us within 3 months of the date of purchase of the Program, we cannot guarantee delivery of the Program within 30 days delivery promise. If the questionnaires are not completed and provided to us, you acknowledge that you will not receive the Done-For-You Lead Magnet to Consult Funnel™.

  6. Links to those questionnaires will be delivered to you nominated email address. Completion of each questionnaire will trigger the delivery of the following questionnaire link to your nominated email address.

  7. Upon completion of all questionnaires, we will commence the set up of your Funnel, which will be completed by us and provided to you within 30 days after the submission of the final required questionnaire, together with training videos and worksheets upon delivery.

  8. Prior to delivery, the Funnel will be tested to ensure all elements are working and prepared for final set-up, which you acknowledge and agree you will be responsible for and any final testing and launch.

  9. You acknowledge and agree that we are not responsible for any work after delivery of the Funnel to you. We will not provide any ongoing technical support after the delivery of the Funnel and you are responsible from that point onwards including testing, user experience, and launch of the Funnel.

  10. We recommend you engage the professional services of a marketing/automation expert after we deliver the Funnel to you.

  11. We are also not responsible for any work done by either you or your automation or marketing team during the Program Duration or at any point thereafter.

  12. You acknowledge and agree that you will watch, review and read all material provided upon delivery of the Funnel to you which will allow you to amend, add content, publish and maintain at your discretion.

DURATION OF SERVICES

  1. Unless otherwise agreed between the parties in writing, our Program will commence on date of execution of this agreement and will run for a duration of 30 days after the submission of the final required questionnaire (Duration) provided that all the required information is provided to us in a prompt manner. Nothing in this clause prohibits the recovery of any outstanding fees payable by you to us.

FEES

  1. In consideration of us providing the Services to you, you agree to pay us the fees and any other charges for the Services in accordance with these terms.

  2. We offer the two following payment options:

    1. 1 upfront payment of USD$2,997; or

    2. 3 monthly payments of USD$1,197 for a total of USD$3,591.

  3. If you choose the 3 payments option then the first instalment will be due up-front with each following payment due in equal monthly instalments thereafter and will be deducted from your nominated credit card and:

    1. you agree to ensure sufficient funds are available on your nominated credit card to meet any account withdrawals made by us on your scheduled due dates; and

    2. if payment is defaulted or not received, you authorise us to debit those funds from your nominated credit card without need for notification at a future date.

  4. We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.

  5. We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.

  6. Failure to make payment by the payment date may lead to suspension of use of our Services.

  7. All prices listed on the site are in US dollars.

  8. All fees are inclusive of GST (as that word is defined under the A New Tax System (Goods and Services Tax) Act 1999 (Cth))(unless otherwise indicated).

  9. Payment of all fees must be made without set-off or counterclaim. All sums payable under this Agreement shall become due immediately on termination of this Agreement.

PERSONNEL AND SUBCONTRACTING

  1. You acknowledge and agree that we may provide the Services to you through a number of personnel and subcontractors. Unfortunately, due to the nature of work, we are unable to guarantee any specific personnel will be available to provide the Services and if necessary, we may need to vary or substitute the personnel providing the Services.

GENERAL DISCLAIMER

  1. All Services are intended for general education and information purposes only. It is intended for a general audience and does not purport to be, nor should it be construed as, advice or counselling tailored to any specific business or industry. Nothing on the Site, or any of the content provided to you by us during our provision of the Services, purports to offer legal, medical, tax, financial, marketing, automation, or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.

  2. We are committed to providing all participants in the Program with a positive experience, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.

  3. Nothing on the Site or any of Our Content or Services is a promise or guarantee of results or future earnings. Any information given is purely based on experience and is for illustrative purposes only. Information provided may not always be tailored specifically or to your business specifically. You understand that because of the nature of the program and extent, the results experienced by each client may significantly vary.

  4. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

  5. You acknowledge and agree that we, our directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time. Just to be clear, you are solely responsible for any actions you do or do not take directly or indirectly in connection with the Services. You are 100% responsible for your progress and results from the Services.

  6. You acknowledge and agree that use of the Services is solely at your own risk. We provide our Services on an “as-is” and “as available” basis and whilst every effort is taken to ensure Our Content and the Site is accurate, we make no representations and give no guarantees or warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of Our Content and the Site for any purpose. Subject to the other terms of this clause and to the maximum extent permitted by any applicable laws, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in this Agreement, including our general terms and conditions and privacy policy available on our website.

EARNINGS AND INCOME DISCLAIMER

  1. We cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any money or reach your goals as a result of your purchase of or participation in our Services.

  2. Any financial representations referenced by us on the Site, in our videos, forums or during the provision of our Services are illustrative of concepts only and should not be considered as promises for actual or future performance.

YOUR OBLIGATIONS

  1. During the provision of the Services you must:

    1. give your full attention to the Services during this time;

    2. complete all activities required by us promptly;

    3. be respectful to our staff and other participants of the Program;

    4. keep us informed of any medical health or personal circumstances that may interfere with the Services;

    5. be responsible for your own results, which includes complying with reasonable directions, and using your program benefits (including templates and guides, videos and spreadsheets); and

    6. honour the relationship between you and us, by being direct, truthful and open so we can work together.

  2. You acknowledge and agree that if you breach any of our Terms or become disruptive, abusive or difficult to work with, we reserve the right to limit, suspend or terminate this Agreement without refund or explanation.

CONFIDENTIALITY

  1. We respect your confidential and proprietary information, logins, database contact information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our Services, you agree to respect the same rights of the other participants in the Program (Participants) and the rights of The Doers Way® and its representatives.

  2. You agree:

    1. that any Confidential Information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us;

    2. not to disclose such information to any other person or use it in any manner other than in discussion with Participants;

    3. that all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorised by us;

    4. that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

  3. While you are free to discuss your personal results from our Services, you must keep the experience and statements, oral or written, of the Participants in the strictest of confidence.

  4. You grant us the right to disclose Confidential Information provided that such information is de-identified or where you provide us with your consent.

COPYRIGHT AND TRADE MARK NOTICES

  1. All material delivered by us to you in the Program including (but not limited to) content, documents, templates, text, videos, graphics and information architecture (Our Content), is subject to copyright.

  2. While you may access, browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior express written permission if you’d like to use, copy, record or reproduce it. Otherwise, all materials and information provided to you by us are confidential and our intellectual property and may only be used by you as authorised by us.

  3. The reproduction, distribution or sale of any of the materials provided by us under this Agreement is strictly prohibited.

  4. Modification of Our Content for any other purpose is also a violation of our copyright, trade marks (whether registered or unregistered) and other proprietary rights and is strictly prohibited.

  5. You acknowledge that you do not acquire any ownership rights by using Our Content.

  6. The Content of this Program is centred around copyrighting training, Clickfunnels usage training and software integration with various 3rd party software programs. All materials, including but not limited to procedures, policies, standards, manuals and teaching aids have been or will be provided by us or our facilitators, are for your individual use only and are not to be distributed, sold or reproduced in any way. You acknowledge and agree that we are not responsible for any errors or omissions that may appear in any of those materials.

  7. Our intellectual property may not be used in connection with any product or service that does not belong us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.

  8. Nothing contained on the Site or provided in our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.

  9. You agree that damages may be an inadequate remedy to a breach of this Agreement and acknowledge that we will be entitled to seek injunctive relief against you if such steps are necessary to prevent violations of our intellectual property rights.

  10. You hereby consent to the use of your name, photograph, likeness, voice, testimonial and biographical material, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, digital print media and the Internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research. Your consent is granted to The Doers Way® and extends to such use without restriction or limitation as to time or geographic boundary.

  11. You hereby waive all rights you may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by The Doers Way® for any product and/or service in connection with such use and publication. The participant also waives any right to inspect, review or approve any photograph, recording, or other written material at any time, and waives the right to approve the use and medium of publication determined by The Doers Way®.

  12. You understand that The Doers Way® owns all rights in and to any such photograph, recording or testimonial, including any copyright and/or trademark relating to such use.

RIGHT TO SUSPEND & TERMINATE

  1. We reserve the right to suspend or terminate this Agreement, or our Services generally, without refund or forgiveness of payments if you become disruptive to us or Participants, you fail to follow the Program guidelines, you are difficult to work with, you impair the participation of the other Participants in the Program or you breach any terms of this Agreement, as determined by us in our sole discretion.

NO REFUNDS OR CANCELLATIONS

  1. To the extent permitted by law, irrespective of whether you are absent or withdraw from the Services prior to the expiry of the Duration, refunds are not provided for Services, including where you have been given access to Our Content whether accessed by you or not.

  2. You acknowledge and agree that you waive all rights to attempt to charge-back any amounts paid under this Agreement with your nominated credit card provider.

LIABILITY IS LIMITED

  1. The disclaimers, liability limitations and indemnities within this Agreement do not exclude rights that by law may not be excluded. Such rights include, but are not limited to, those rights under the Australian Consumer Law.

  2. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of the Services, our Site, or Our Content.

  3. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon the Services, the Site, or Our Content.

  4. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:

    1. reliance on the completeness, accuracy, suitability or currency of information, Services irrespective of any verifying measures taken by us (including third party material and advertisements);

    2. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

    3. accessing websites or servers maintained by other organisations through links on our Site, or Services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk; and

    4. the use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

YOUR INDEMNITY

  1. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, Services or any breach by you or your agents of this Agreement. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, or through use of our Services.

AFFILIATE DISCLOSURE

  1. As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from the Site.

NO ASSIGNMENT

  1. You cannot transfer or assign this Agreement without our prior written consent.

  2. We may assign or transfer our obligations under this Agreement at any time, subject to giving you one (1) weeks prior notice in writing.

DISPUTE RESOLUTION

  1. If a dispute arises between the parties in relation to this Agreement, the dispute must be dealt with in accordance with this clause and any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

  2. In the case of claims against us, all notices are to be provided to us in writing.

  3. If the dispute is not resolved by agreement within 5 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 5 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.

  4. 66 Once a mediator is appointed, the parties agree that:

    1. the costs of the mediator shall be borne equally between the disputing parties;

    2. the chosen mediator shall determine the procedures for mediation; and

    3. the chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

  5. If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

  6. Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.

  7. Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.

  8. This clause survives termination of this Agreement.

APPLICABLE LAW

  1. This Agreement shall be construed in accordance with and governed by the laws of the State of South Australia. You consent to the non-exclusive jurisdiction of the courts in South Australia to determine any matter or dispute which arises between us.

PRIVACY POLICY

Introduction

1. Inbound Marketing Pty Ltd t/as Grace Lever, The Doing Academy and The Doers Way (ACN 146 673 190) (Grace Lever, we, us) is committed to protecting the information about you that we collect, store and use when you provide it to us on our website: https://www.gracelever.com/ (Site).

2. We respect your rights to privacy under the Privacy Act 1988 (Cth) (Privacy Act) and so in accordance with this Act, we are compliant with its requirements in respect of the collection, management and disclosure of your personal information.

3. We also uphold your rights to privacy if you are based in the European Union, in accordance with the General Data Protection Regulation (GDPR) (EU).  Your rights under the GDPR are listed below.

4. If you do not wish to provide personal information to us, then you do not have to do so.  However, this may affect your use of this Site or any products and services offered on it.

What is your personal information?

5. When used in this privacy policy, the term “personal information” has the meaning given to it in the Privacy Act and GDPR.  In general terms, it is any information that can be used to personally identify you.  This may include your name, address, telephone number, email address and profession or occupation.  If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

6. We may also collect some information that is not personal information because it does not identify you or anyone else.  For example, we may collect anonymous answers to surveys or aggregated information about how users use our website.

7. Your personal information will not be shared, sold, rented or disclosed other than as described in this privacy policy.

What information may we collect from you?

8. Grace Lever may collect the following personal information from you:

1. name;

2. current mailing or residential address;

3. email address;

4. telephone number;

5. age or birth date; and

6. profession or occupation.

9. We collect personal information about you so that we can perform our business activities and functions and to provide best possible quality of customer service.  We collect, hold, use and disclose your personal information for the following purposes:

1. to provide our services to you;

2. to send communications requested by you;

3. to answer enquiries and provide information or advice about existing and new services;

4. to provide you with access to protected areas of our website; and

5. to comply with any Law, rule, regulation, Lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority.

How do we collect your personal information?

10. We collect your personal information directly from you unless it is unreasonable or impracticable to do so.  When collecting personal information from you, we may collect in ways including:

1. when you make an enquiry about our services;

2. through your access and use of our website, including when you register as a member of our website;

3. during conversations between you and our representatives;

4. when you ask to be placed on one of our subscription/mailing lists; or

5. when you become a client or customer of ours or otherwise use our products or services.

What happens if we can’t collect your personal information?

11. If you do not provide us with the personal information described above, some or all of the following may happen:

1. we may not be able to provide our products or services to you, either to the same standard or at all;

2. we may not be able to provide you with information about services that you may want, including information about special promotions; or

3. we may be unable to tailor the content of our website to your preferences and your experience of our website may not be as enjoyable or useful.

Site User Tracking Experience

12. We may use tracking software to review and improve your experience of our Site. In particular, we may use Facebook, click funnels, Infusionsoft and Google Analytics Advertising products: Remarketing with Google Analytics and Google Analytics Demographics and Interest Reporting. Google Analytics collects data about our Site traffic via Google Advertising cookies and anonymous identifiers. Data collected via these Google products is not linked with any personally identifiable information you submit while on our Site. If you wish to opt out of the Google Analytics data collection, you may do so on Google’s Site at https://tools.google.com/dlpage/gaoptout/.

Cookies

13. When you access our website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer.  This enables us to recognise your computer and greet you each time you visit our website without bothering you with a request to register.  It also enables us to keep track of services you view so that, if you consent, we can send you news about those services.  We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate.

14. We use this to research our users’ habits so that we can improve our online services.  Our cookies do not collect personal information.  If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.  We may log IP addresses (that is, the electronic addresses of computers connected to the Internet) to analyse trends, administer the website, track users’ movements, and gather broad demographic information.

Security

15. As our website is linked to the Internet, and the Internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online.  We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the Internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

Links

16. We provide links to websites outside of our website, as well as to third party websites (such as social media sites). These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that websites and its privacy policy.  Third party websites are responsible for informing you about their own privacy practices.

Groups and forums

17. If you participate in a discussion forum, chat room or webinar, you should be aware that the information you provide there will be made broadly available to others, potentially inside or outside Grace Lever, who have access to that discussion forum or chat room. Also, please recognise that individual forums and chat rooms may have additional rules and conditions. Each participant’s opinion on a forum or chat room is his or her own and should not be considered as reflecting the opinion of Grace Lever.

18. Please be advised that for any forums or Webinars you attend, recordings can be enabled by a meeting or webinar host. By signing up for any of Grace Lever’s, or any other host authorised by Grace Lever’s, webinar services or otherwise using them in any way, including without limitation by attending any Grace Lever meeting or webinar, you expressly acknowledge that we may make and store Recordings for meetings or webinars, and may make such recordings available to hosts and other Attendees at the direction of Grace Lever. If you do not want to be recorded, you can choose to leave the meeting or webinar.

To whom will Grace Lever disclose my personal information?

19. We may disclose your personal information to:

1. our employees, contractors or service providers for the purposes of operating our website or our business, fulfilling requests by you, and to otherwise provide services to you including, without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants;

2. suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes; and

3. any other organisation for any authorised purpose with your express consent.

20. We only disclose this information if the third party has agreed to comply with the standards in our Privacy Policy.

21. If there is a change of control of 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. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith and where we have sought to maintain confidentiality.

Direct marketing materials

22. We may send you direct marketing communications and information about our services that we consider may be of interest to you.  These communications may be sent in various forms, including mail, SMS and email, in accordance with applicable marketing Laws, such as the Spam Act 2003 (Cth).  If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.  In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our subscription/mailing list.

23. We do not provide your personal information to other organisations for the purposes of direct marketing.

Security and data quality

24. We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure.

25. We strive to ensure the security, integrity and privacy of personal information that you submit to us through our website. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. We endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.

26. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.

27. We may hold your information in either electronic or hard copy form.  Personal information is destroyed or de-identified when no longer needed or when we are no longer required by Law to retain it (whichever is the later).

How long do you retain my personal data for?

28. We will only keep your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

29. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

30. By Law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for five years for Australian tax Law purposes.

31. In some circumstances you can ask us to delete your data; see your legal rights below for further information.

32. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

If I am based in the EU, what are my legal rights under the GDPR?

33. If the General Data Protection Regulation applies to you because you are in the European Union, you have rights under data protection Laws in relation to your personal data:

1. The right to be informed – that’s an obligation on us to inform you how we use your personal data;

2. The right of access – that’s a right to make what’s known as a ‘data subject access request’ for copy of the personal data we hold about you;

3. The right to rectification – that’s a right to make us correct personal data about you that may be incomplete or inaccurate;

4. The right to erasure – that’s also known as the ‘right to be forgotten’ where in certain circumstances you can ask us to delete the personal data we have about you (unless there’s an overriding legal reason we need to keep it);

5. The right to restrict processing – that’s a right for you in certain circumstances to ask us to suspend processing personal data;

6. The right to data portability – that’s a right for you to ask us for a copy of your personal data in a common format (for example, a .csv file);

7. The right to object – that’s a right for you to object to us processing your personal data (for example, if you object to us processing your data for direct marketing); and

8. Rights in relation to automated decision making and profiling – that’s a right you have for us to be transparent about any profiling we do, or any automated decision making.

34. These rights are subject to certain rules around when you can exercise them.

35. If you wish to exercise any of the rights set out above, please contact us at ask@gracelever.com.

How can you access and correct your personal information?

36. You may request access to any personal information we hold about you at any time by contacting us (see the details below).  Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you).  We may charge you a reasonable fee to cover our administrative and other reasonable costs in providing the information to you.  We will not charge for simply making the request and will not charge for making any corrections to your personal information.

37. There may be instances where we cannot grant you access to the personal information we hold.  For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality.  If that happens, we will give you written reasons for any refusal.

38. If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it.  We will consider if the information requires correction.  If we do not agree that there are grounds for correction, then we will add a note to the personal information stating that you disagree with it.

How can you withdraw your consent to this privacy policy?

39. You may withdraw your consent to this privacy policy at any point.  If you wish to withdraw your consent to our collection and retention of your data, please contact our Data Protection Officer at ask@gracelever.com and we can arrange for your data to be deleted.

40. You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us at the email address listed in this Privacy Policy.

41. To unsubscribe from our e-mail database, or opt out of any communications, please contact us at the email address listed at the start of the Privacy Policy, with “Unsubscribe” in the subject line of the e-mail.

What is the process for complaining about a breach of privacy?

42. If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it.  We will treat your complaint confidentially, investigate your complaint and aim to ensure that we contact you and your complaint is resolved within a reasonable time (and in any event within the time required by the Privacy Act and/or GDPR, if applicable).

Contacting us

43. If you have any questions about this privacy policy, any concerns or a complaint regarding the treatment of your privacy or a possible breach of your Data Protection Officer using the details set out below.  We will treat your requests or complaints confidentially.  Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved.  We will aim to ensure that your complaint is resolved in timely and appropriate manner.

44. Please contact our Data Protection Officer by email on ask@gracelever.com.

Changes to our privacy policy

45. We may change this privacy policy from time to time, however we will notify you of any changes to our privacy policy.  Any updated versions of this privacy policy will be posted on our website and will be effective from the date of posting.

46. This privacy policy was last updated on 24 May 2018.

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