TERMS OF SERVICE & DISCLAIMERS
LAST UPDATED 27TH JANUARY 2024
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING ANY OF OUR PRODUCTS, SERVICES, AND PROGRAMS.
RETURNS AND REFUNDS
Jessica Erler handles returns and processes refunds by the Australian Consumer Protection legislation.
Due to the extensive time, effort, preparation and care that goes into the creation of our Programs, Products, Services, and Program Materials, we have a NO REFUND policy.
By purchasing and/or using any of our Programs, Products, Services or Program Materials, you agree and understand that all sales are final with no refunds provided.
EDUCATION, HEALING & COACHING
By using our Programs, Products or Services, you agree that Jessica Erler is not to be held liable for any decisions you make based on any of our services or guidance, and any consequences, as a result, are your own. Under no circumstances can you hold Jessica Erler liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, healing, teachings, meditations, materials, or techniques used or provided by Jessica Erler.
All our information on our Websites, Products, Programs, Services, and in private or group consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial, medical, or legal advice. Results are not guaranteed and Jessica Erler takes no responsibility for your actions, choices, decisions, results, use, misuse or non-use of the information provided or obtained through any of our Websites, Programs, Products, Services or Program Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
TELEGRAM & VOXER GROUPS
The Product, Program or Service may come with a private Telegram or Voxer Group. These Terms apply to the Telegram or Voxer group. Further, you understand that Telegram and Voxer are public platforms and therefore, we cannot guarantee your privacy for things that you share in the group as other members will also see what is posted.
Jessica Erler (”we,” “us,” or “our”) welcomes you to our website. We invite you to access and use our websites, including, without limitation, jessicaerler.com.au, (the “Websites”).
We provide visitors to our Websites (“Visitors”) access to the Websites subject to the following Terms & Conditions, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms & Conditions, our Privacy Policy, and Website Disclaimer which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Websites or purchase our Products, Programs, or Services.
Any user who registers with us (each, a “Registered User”) and wishes to purchase a Product, Program, or Service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such Product, Program or Service.
The section below titled DISPUTE RESOLUTION contains information regarding the use of arbitration on an individual basis to resolve disputes, rather than trial by jury, limiting the remedies available to you in the event of a dispute. They affect your legal rights, please ensure you read them carefully. You agree and fully understand by using our Websites or enrolling in, purchasing, and/or using any of our Programs, Products, Services, and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our Websites to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our Websites then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Jessica Erler's rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our Websites, Programs, Products or Services that you agree and accept that Jessica Erler is not legally responsible for any loss or damage you might suffer related to your use of our Websites, Programs, Products or Services whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the Websites. This includes your use or reliance on any third-party content, links, comments, or advertisements. Your use of, or reliance on, any information or materials on our Websites, Programs, Products or Services is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any Programs, Products, Services or information available through our Websites meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Jessica Erler's liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use our Websites and to purchase any of our Programs, Products, and Services.
DELIVERY OF DIGITAL GOODS
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us at hello@jessicaerler.com.au so we may try to assist you.
PURCHASES & ONLINE COMMERCE
If you purchase any of our Products, Programs or Services via debit card or credit card, you give us permission to automatically charge your debit card or credit card without any additional authorization, for which you will receive an electronic receipt. All information obtained during your transaction or purchase for our Programs, Products, and Services and all the information that you give us as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
Payments not received by the date due will result in your access being immediately and permanently revoked and access denied. You will still remain fully responsible for the full cost of the Programs, Products, and/or Services if you fail to make payment in a timely manner or voluntarily decide to withdraw at any time or for any reason whatsoever.
We use STRIPE and PAYPAL as our secure payment processors. STRIPE & PAYPAL may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing of STRIPE, PAYPAL and other Merchants. For more information regarding STRIPE & PAYPAL and their terms and conditions that may apply, visit the STRIPE website or PAYPAL website and click on its information links or contact STRIPE or PAYPAL directly.
You release us, our affiliates, STRIPE, PAYPAL and other Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchases through or use of our Websites or its Content.
LINKS TO OTHER WEBSITES
Jessica Erler may from time to time provide on its website, links to other websites, advertisements, and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval, or arrangement between Jessica Erler and the owners of those websites. Jessica Erler takes no responsibility for any of the content found on the linked websites.
Jessica Erler's Websites may contain information or advertisements provided by third parties for which Jessica Erler accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
DISCLAIMER
To the fullest extent permitted by law, Jessica Erler absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Jessica Erler gives no warranty that the Products, Programs, Services, Program Materials will be free of errors, or that defects will be corrected, or that our Websites or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable, and up-to-date information on our Websites, we do not warrant or make any representations regarding the use or the result of the use of any Product, Program, Service, Program Material, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Jessica Erler to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using our Websites or any products or services that may be offered through them. It is your responsibility to do so.
YOUR PRIVACY
At Jessica Erler, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email at hello@jessicaerler.com.au All information we receive from our customers is protected by our secure servers. Our Website secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
THIRD PARTIES
We do not and will not sell or deal with personal or customer information. We may however use it in a general sense without any reference to your name, or your information to create marketing statistics, identify user demands, and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
Jessica Erler may be required, in certain circumstances, to disclose information in good faith and where Jessica Erler is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar Programs, Products, Services or Program Materials for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Jessica Erler. Jessica Erler expressly excludes and does not permit you to use or access our Websites, download any documents or information from its website, or obtain any such documents or information through a third party. If you breach this term then Jessica Erler will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Jessica Erler reserves the right to exclude and deny any person access to our Websites, Programs, Products, Services, Program Materials or information in our sole discretion.
COPYRIGHT, TRADEMARK, AND RESTRICTIONS OF USE
This website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information, or materials on our Website for the purposes of sale or use by any third party. In particular, you are not permitted to republish, upload, transmit electronically, or otherwise distribute any of the materials, documents or products that may be available for download from time to time on our Websites.
Jessica Erler expressly reserves all copyright and trademark in all documents, information, and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
You may not share your login details or give access to third parties (family members, friends, businesses, etc.) who have not bought the Product, Program, or Service directly. If they wish to access any of our paid content they must purchase it individually to gain access.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and Jessica Erler concerning your use and access to our Websites and your use and access to the Programs, Products and Services on them. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
COMMUNICATION GUIDELINES
If you have a question or concern about our Websites, Programs, Products, Services, or Program Materials, you may send an e-mail to hello@jessicaerler.com.au and we will do our best to reply to your questions or concerns within 48 hours.
TERMINATION
If at any time you wish to terminate your use of or participation in our Programs, Products or Services you may send an email to hello@jessicaerler.com.au In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us. We reserve the right in our sole discretion to terminate or refuse access to your Programs, Products, Services or Program Materials in part or in full, at any time, without notice, by sending you an email to the email address provided upon purchase of the Program, Product, Service or Program Materials.
JURISDICTION
This agreement and our Websites are subject to the laws of the Northern Territory and Australia.
DISPUTE RESOLUTION
Jessica Erler hopes should any differences arise, we are able to amicably work them out and resolve them through email correspondence. However, if an amicable resolution can not be obtained within a reasonable time frame, you agree that the only method of legal dispute resolution that will be used is binding arbitration.
Any dispute, controversy or claim arising out of, relating to or in connection with this agreement, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Australian Commercial Disputes Centre (ACDC).
The arbitration shall be conducted in Darwin, Northern Territory, Australia in accordance with the ACDC rules, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
Prior to seeking arbitration, you must send an email to us at hello@jessicaerler.com.au and include clearly your issues and dissatisfaction with your Program, Product and/or Service purchased from us.
Arbitration must begin within one (1) year of the date of your e-mail to Jessica Erler referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You understand and agree now that a full refund of your Payment made to date will be the only remedy provided to you. No other financial awards of consequential damages, other actions, or any other type of damages, may be granted to you. We both agree now that the decision of the ACDC is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
In the event of a dispute between us, you agree to not publicly or privately, including on social media conduct or communicate any content designed to disparage, discount, or harm our business, or any of our Programs, Products, or Services.
If you have any issues, questions or concerns about our Terms & Conditions please do not hesitate to contact us at hello@jessicaerler.com.au
DISCLAIMERS
LAST UPDATED 27TH JANUARY 2024
WEBSITE DISCLAIMER
Jessica Erler (“we,” “us,” or “our”) welcomes you to our website. We invite you to access and use our websites, including, without limitation, www.jessicaerler.com.au (the “Websites”). If you continue to browse and use our Websites you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.
The information contained on this website is for general information and educational purposes only and is provided by Jessica Erler. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, programs, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of our Websites.
Through our Websites, you may be able to link to other websites which are not under the control of Jessica Erler. We have no control over the nature, content, and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep our Websites up and running smoothly. However, Jessica Erler takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
COPYRIGHT NOTICE
This website and its contents are the copyright of Jessica Erler – © 2023. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other forms of electronic retrieval system.
EARNINGS DISCLAIMER
When addressing healing, creating, and manifesting love, health, and wealth matters in any of our sites, videos, newsletters, or other content, we’ve made every effort to ensure we accurately represent our programs and their ability to heal and improve your life. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies, or recommendations. This is not a “get healed/rich and sorted quick scheme.” Nothing on our Sites is a promise or guarantee of life changes. Your level of success in attaining results is dependent upon a number of factors including your motivation, mental state, emotional state, spiritual awareness, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, life changes, wealth, abundance, money, and well-being. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our Sites, and we offer no professional legal, medical, psychological, or financial advice.
NO PROFESSIONAL ADVICE
The information contained in or made available through our sites (including but not limited to information contained on videos, message boards, comments, on coaching calls, in emails, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions, and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
If you have any issues, questions or concerns about our Website Disclaimer please do not hesitate to contact us at hello@jessicaerler.com.au