Last updated: December 2015
Welcome to the GetJackD! Method online portal! We created the portal to enable start‑ups/small businesses to have insight on our way of doing things. We’re hoping you will learn from the benefit of our experience and go forth to create some great campaigns of your own.
There are different levels of service available within the portal, but these Terms govern everything you do here including your use of the website generally. Read these Terms carefully, put them under your pillow or maybe stick them on the fridge. Oh, and check back regularly, as they will be updated for things like changes in the law, additional product or service offerings or enhancements to existing offerings. See the ‘last updated’ date at the top of this page? Keep your eyes on it.
Legal stuff … boring but necessary
We’ve tried to create these Terms in easy to understand language, but our lawyers (as fabulous as they are) insist on some things being a little bit more formally worded. It’s important that you read these Terms carefully as they will govern your relationship with us and your use of anything you access via the portal.
So here we go …
Who’s in charge here?
That would be us – GetJackD! Media Pty Ltd (ACN 165 862 091). In these Terms, we’ll refer to ourselves as ‘we’, ‘us’ or ‘our’.
What’s available via the portal?
We offer a range of online services via the portal, each called a ‘Method’. Within each Method you will have access to instructional information, content (including newsletters and downloadable templates and PDFs), blogs, links to useful sites and other interesting stuff provided by us or third party content providers engaged by us (‘Content’). These Terms govern your use of the portal, Methods and Content.
Pricing & payment
On our website, www.getjackdmedia.com, you will see a range of Methods available for purchase. You will only be able to access a Method once you have paid for it in full. Payment is via PayPal only. Once you have purchased a Method you will be provided with a password, which you can change any time via the portal. Store your password securely – you will be responsible for any unauthorised access to the portal via your password.
You will have access to each Method you purchase for a period of two (2) years from the date of purchase. If you wish to continue using a Method (including accessing the stuff you created via the portal) after this 2 year period, you will need to re‑purchase the Method within 30 days of expiry.
Our content & your rights to use it
Ok, this is something our lawyers are very serious about, so listen up. Everything that you access via the portal either belongs to us or is licensed to us by others – this includes the Content and any other informational or other content we provide, including any templates and PDFs that are available for download. We own that stuff – it’s ours. In boring legal speak, that means we own all copyright, trade marks, business methods and other intellectual property rights in any Content or service you access via the portal.
On payment of the appropriate fee, we grant you a non‑exclusive, non‑transferrable, non‑sublicensable revocable, personal licence to use the Methods and Content for a period of two (2) years from the date of purchase. You must only use the Methods and Content for your own purposes – you can’t take them and run off to start up your own media agency! Any use, reproduction or redistribution of the Methods and Content not in accordance with these Terms is expressly forbidden. Just don’t go there. We have rights under the Copyright Act 1968 and if you do the wrong thing we will enforce our rights against you.
You will own anything you create via the portal (excluding the rights in the Methods and Content, which will continue to belong to us and our third party content providers). What this means in practice is that if you build a business plan using one of our Methods (for example), you will own the business plan but not the Method and Content (e.g. the template) sitting behind it.
In working together, it’s possible that we are going to exchange confidential information. When we talk about ‘Confidential Information’ in these Terms, we mean any information which is in fact, is reasonably regarded as, or is marked as, confidential or proprietary to the disclosing party. It includes things like technical processes and formulae, source code, product designs, sales, cost and unpublished financial information, product and business plans, strategy, operations, customers, suppliers, competitors, projections, and marketing data. Confidential Information does not include information that is in the public domain (unless it entered the public domain through breach of confidentiality), is already known by the other party prior to its disclosure, or is obtained lawfully from a third party without any breach of confidentiality.
To make sure we’re on the same page, both you and we acknowledge that our respective Confidential Information is secret and valuable and both you and we agree:
(a) to keep the Confidential Information of the discloser secret, and not disclose or permit its disclosure to any person, except to employees, officers, contractors, or agents of the recipient who require access to it for the purposes set out in these Terms, and who are informed of and are under written obligations to comply with the same obligations of confidentiality regarding that information, consistent with these Terms;
(b) to only use the Confidential Information of the discloser for the purposes of these Terms including your use of the portal; and
(c) that both you and we are each responsible for any misuse by our respective employees, officers, contractors or agents regarding the disclosure of Confidential Information.
These obligations of confidence do not apply:
(a) if a disclosure is required by law but the recipient intending to make such a disclosure must first notify the discloser and the discloser may take action to object to that disclosure; or
(b) if a disclosure is made to a professional legal or financial adviser.
We’ve taken reasonable steps to make the portal secure. You must not violate or attempt to violate the security of the portal. You must not: access data that is not intended for you or which you are not authorised to access; pretend that you are someone else; pretend that you represent someone who you do not actually represent; probe, scan or test a system or network to breach security or authentication measures; access, acquire, copy or monitor any Method or Content without our authorisation; impose an unreasonable load on our systems or networks; or attempt to obtain goods or services to which you are not entitled.
We’re in this together, but there are some things that we think are ‘not cool’. When accessing the portal and using a Method you must not:
a) break any laws, infringe anyone else’s rights (including ours), interfere with other users of the portal, or defame, offend or harass anyone;
b) modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Content available via the portal except to the extent necessary for your legitimate business purposes;
c) mirror or frame any web page that forms part of the portal;
d) transmit any virus, bot, worm, scripting exploit or other harmful code or malware or any other thing which is likely to harm or corrupt the portal or any part of it;
e) transfer outside your current organisation any information, functionality or products or services available via the portal; or
f) reverse engineer, decompile, disassemble, decipher, decrypt, or otherwise seek to discover or obtain the source code of the portal.
Any information you provide to us must be accurate, honest, current and complete (and you must update this information as appropriate).
If we believe that you have not complied with these Terms, we may immediately cancel or terminate your access to or use of the portal, or otherwise restrict your use of the portal, without notice and without liability to you.
Cancellation of your account
You’re free to cancel your account any time but we will not give any refunds (subject to any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010)). If you do cancel your account or don’t renew your subscriptions then everything you’ve created via the portal (including your personal information) will be deleted.
Our liability to you
Our lawyers are also pretty serious about this bit. Because you pay so little for such great Methods and Content we need to limit our liability. Only fair, right? So….here we go….subject to the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) we provide this website and all Methods and Content on an “as is” basis without warranties of any kind. You agree not to rely on anything on this website or on any Methods or Content without first yourself assessing the suitability of the information/material for you and your circumstances. To the maximum extent permitted by law we limit our liability to you under the Australian Consumer Law and at law generally whether in contract, tort (including negligence) or otherwise at our discretion to:
- providing our services again; or
- refunding to you the cost of our services.
You agree that this is the maximum extent of our liability to you and that we have no other liability to you whatsoever.
You should also be aware that we reserve the right to do any of the following, at any time, without notice to you: (1) modify, suspend or terminate operation of or access to our website or any part of it (including the portal), for any reason; (2) modify or change our website or any part of it (including the portal), and any applicable policies or terms; and (3) interrupt the operation of our website or any part of it (including the portal) as necessary to perform routine or non-routine maintenance, error correction, or other changes.
These terms are governed by the laws of New South Wales and contain the whole of the agreement between you and us in relation to use of the portal and any Methods or Content or other services available via the portal or provided by us in some other way. Nothing in these terms creates a relationship of employment, partnership or joint venture between us and you or any other person.
You made it!
Yay! Now you’ve got the inside story on when and how you can use the portal, Methods and Content. Remember to check back here regularly, as these terms will be updated as necessary.
For now, though – go forth.