Terms and Conditions

1. These Terms and Conditions are made on behalf of Janine Garner and all references to Janine Garner ‘we’, ‘us’ or ‘Janine Garner’ in these Terms and Conditions refers to Curious Minds Pty AUS Ltd trading as Janine Garner (ABN 78 094 035 354). Use of our website http://www.Janine Garner.com.au/ (Website), Inner Circle membership and The Be Brilliant Advantage is subject to the following Terms & Conditions.
2. Welcome to our Website. If you continue to browse and use this Website you are agreeing to comply with and be bound by the terms and conditions of use (as amended from time to time) which together with our Privacy Policy govern Janine Garner’s relationship with you in relation to this Website.
3. We reserve the right to update and improve the Website and change these Terms and Conditions without further notice. The updated or changed Terms and Conditions will be available on our Website and will apply once available.
4. You agree to use this Website only for lawful purposes and in a manner which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the Website. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.

Memberships, Conduct and Payment

5. To become a member of Inner Circle, you must apply for consideration, then if accepted, pay the membership fees or fee (Membership Fee) as set out on our Website. . Acceptance as a member is on a discretionary basis.
6. When you use our Website, join Janine Garner events and interact with any other Janine Garner members, you must respect confidentiality at all times and behave in a respectful manner. Matters discussed at Janine Garner meetings and events are confidential to the participants of that meeting or event.
7. Some of our memberships may require payment of a yearly Membership Fee and you agree to pay this Membership Fees as per the payment dates and payment methods set out on our invoices. Membership Fees may change from time to time and the changed Membership Fees apply if membership is continued past the initial agreed period.
8. We may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any amounts unpaid after the payment date set out on the invoice. If invoices are unpaid after the payment date, we have the right to engage debt collection services for the collection of unpaid and undisputed debts, and the right to commence legal proceedings for any outstanding amounts owed. We reserve the right to report bad debts to independent credit data agencies.

Intellectual Property and Use of Material

9. The copyright in this Website and its content is owned by us or licensed to us. The copyright in all material created regarding Janine Garner is owned by us. All trademarks mentioned on this Website belong to their respective owners.
10. We reserve all intellectual property rights, including, but not limited to, copyright in material and/or services provided. The material provided on the Website is for personal use only and may not be re-sold and/or redistributed in any material form, stored in any storage media; and/or re-transmitted in any media (other than via any social media sharing buttons on the material), without our prior written consent.
11. You may view this Website and its contents using your web browser and electronically copy and print hard copies of parts of this Website solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this Website is strictly prohibited. You may not modify or copy the layout of the Website and any computer software and code contained in the Website.

Links to and from third-party websites

12. The Website may contain links to other websites and which are not under the control of the Janine Garner. Any links are provided for your convenience and do not signify or imply that we endorse the Website. Janine Garner is not responsible for the material contained on those linked Websites.
13. You may not create a link to/from this website from/to another website without our written consent.

User Content

14. You may be invited to or permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Website. By making available any User Content on or through our Website, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Website.
15. You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

(a)    you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b)   neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Website will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

16. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Liability and Disclaimers

17. The information contained in this Website is for general information purposes only. While we endeavour to keep information up to date and correct, any reliance you place on the information is at your own risk.
18. While every effort will be made to ensure that the Website is kept up to date and operational, to the full extent permitted by law Janine Garner disclaims any and all warranties, express or implied, regarding:
    • the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the website and/or of any linked Websites;
    • the uninterrupted and error free operation of the website; and
    • merchantability or fitness for any particular purpose for any service or product contained or referred to on the website and/or on any linked Websites.
19. You read, use and act on our Website and content on the Website, and matters discussed at Janine Garner meetings and events, at your own risk.
20. Nothing in these Terms and Conditions excludes your statutory rights as a consumer under the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010(Cth). You agree that Janine Garner’s liability for the services is governed solely by the ACL and these Terms and Conditions. 

Dispute Resolution and Termination

21. If there is a dispute between the parties in relation to these Terms and Conditions, the parties agree to the following dispute resolution procedure:

• The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The parties agree to meet in good faith to seek to resolve the dispute by agreement between them at an initial meeting.
• If the parties cannot agree how to resolve the dispute at that initial meeting, any party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The parties must attend the mediation in good faith, to seek to resolve the dispute.

Any attempts made by the parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the parties under this Agreement, by law or in equity

22. We may terminate any membership with Janine Garner at any time, in our sole discretion, if you:
    • breach any of our policies or terms and conditions, including these Terms and Conditions;
    • post any material on the Website, or behave or act in a way in any of our meetings, events or groups, that defames, harasses, threatens, menaces or offends any person;
    • use our Website or mailing lists to send unsolicited email messages or other communications; and
    • fail to pay any of our Membership Fees as set out in the invoice.
23. In no event will Janine Garner 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 this website.

Last update: 10 September 2020 2020

 Privacy Policy

Curious Minds AUS Pty Ltd ACN 147 480 975 trading as Janine Garner’, (‘Us’, ‘We’, ‘Our’) place great importance on protecting the privacy of individuals and We take all reasonable steps to ensure personal information is protected from misuse and unauthorised disclosure.

In this Privacy Policy, the terms ‘Member’, ‘You’ and ‘Your’ refer to Inner Circle members and users and subscribers of Our website www.janinegarner.com.au (‘Website’) and Be Brilliant Advantage (as the context requires).

This Privacy Policy describes Our practises in collecting, using, disclosing, retaining and protecting the information that We collect or Our service providers collect when You visit the Website or You become a Member of Inner Circle.

It is Our intention to always comply with the Privacy Act 1988 (Cth)(‘Act’) including the Australian Privacy Principles (‘APPs’).

This Privacy Policy uses definitions of ‘Personal Information’ and ‘Sensitive Information’ as described in the Act.

1. Collection of Information

1. Personal Information is information We hold which is identifiable as being about You. This information includes information such as Your name, address, email address or any other type of information that can reasonably identify an individual, either directly or indirectly.
2. We collect and store the Personal Information that You provide to Us directly or give to Us in other forms.

2. How We collect Your Personal Information
   1. Generally, We will collect Personal Information:
      1. From You directly when You provide Your details to Us; and
      2. from You indirectly through emails, forms, face-to-face consultations, mailing list subscriptions, registration and attendance at seminars, business cards and telephone conversations and through use of the services and facilities available through Our website and social media channels.
   2. Additionally, We may also collect any other information You provide while interacting with Us, either electronically or in person.
   3. We will collect and use Personal Information with Your consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will also process Personal Information if it is necessary for Our legitimate interests or to fulfil a contractual or legal obligation.
   4. We do not collect or process any Personal Information from You that is considered “Sensitive Information” under the Act or the European Union General Data Protection Regulation (‘GDPR’) (if applicable).
   5. You must not provide Us with Your Personal information if You are under the age of 18 without the consent of Your parent or guardian. We do not knowingly collect or process the Personal Information of persons under the age of 18.
   6. By providing Us with Personal Information, You consent to the supply of that information subject to the terms of this Privacy Policy.
3. How We use Your Personal Information
   We may use Your Personal Information with Your consent for a specific purpose as set out in this Privacy Policy, including, but not limited to:
   1. conduct Our business and provide You with Our products and services;
   2. provide, market, develop and research Our products and services;
   3. communicate with You to provide or promote Our products and services;
   4. purchase goods or services;
   5. carry out identity verification;
   6. help Us manage and enhance Our business, products and services;
   7. protect Our rights, privacy, safety, or property, and/or that of Our affiliates, You, or others;
   8. comply with Our legal obligations;
   9. for a related purpose, where the individual concerned would reasonably expect Us to use it for that related purpose;
   10. communicate with You by a variety of measures including, but not limited to, telephone, email, sms or mail;
   11. investigate complaints;
   12. present You with personalised offers;
   13. provide You with the opportunity to review Our products and services;
   14. provide You with information, updates, offers or advertising relating to Our products or services; or
   15. screen for potential risk or fraud (and to assist regulators, trade bodies and law enforcement agencies in relation to the same).

If You withhold Your Personal Information, it may not be possible for Us to provide You with Our products and services or for You to become or remain a Member.

4. Sharing of Your Personal Information
   So that We can provide You with Our products and services, We have to share some Personal Information with trusted third parties. We do not sell Your Personal Information but We may share Your Personal Information as follows:
   1. With core service providers to enable Our business to function
      We rely on a few external companies to provide Us with services to conduct Our business. Our core service providers include payment gateway providers and technological service providers. It also includes companies to help Us with Our marketing and data analytics.
   2. With regulators and law enforcement agencies when required to do so by lawWe may from time to time need to disclose Your Personal Information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
   3. When We think it is reasonably necessary to protect You or Our business
      In the unlikely event that We are the subject of attempted criminal activities, We will take all reasonable steps to protect You and Our business but sometimes We may need to share Your Personal Information where We think it is reasonably necessary to:

1. detect, monitor, investigate or prevent any suspected illegal activities, fraud or security issue;
2. enforce Our terms and conditions and to protect Your and Our rights and property; and/or
3. Investigate and defend any third party claims or allegations.

1. As part of a business sale or purchase, merger or reorganisation
   Although We have no current plans to do so, if there is a change of control in Our business or a sale or transfer of business assets, We reserve the right to transfer to the extent permissible at law Our user databases, together with any personal information and non-personal information contained in those databases.

When We share Your Personal Information We take all steps required by law to ensure that it remains secure.

5. Security of Your Personal Information
   1. We are committed to ensuring that the Personal Information You provide to Us is secure.
   2. In order to prevent unauthorised access or disclosure, We have put in place reasonable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
   3. The transmission and exchange of information is carried out at Your own risk.
   4. We cannot guarantee the security of any information that You transmit to Us or receive from Us.
   5. Although We take measures to safeguard against unauthorised disclosures of information, We cannot assure You that Your Personal Information that We collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
6. Personal Information retention
   1. We will not keep Your Personal Information for longer than is necessary by law or for the purposes described in this Privacy Policy.
   2. At the end of the retention period, Your Personal Information will either be completely deleted or anonymised so that it can be used in a non-identifiable way for statistical analysis and business planning.
7. Access to Your Personal Information
   1. You may request details of Your Personal Information that We hold in accordance with the provisions of the Act and to the extent applicable, the GDPR.
   2. If You would like a copy of the information which We hold about You or believe that any information We hold on You is inaccurate, out of date, incomplete, irrelevant or misleading, please contact Us using the details set out in the “Contact Us” section of this Privacy Policy. We will respond to Your request as soon as reasonably practicable. We may ask You to verify Your identity before acting on any of Your requests.
   3. We reserve the right to refuse to provide You with information that We hold about You in certain circumstances set out in the Act or any other applicable law.
8. Your rights under GDPR
   1. We comply with Your rights under the GDPR as to how Your Personal Information is used and controlled if You are an individual residing in the European Union.
   2. If You are a European resident, You have the right to access the Personal Information We hold about You and to ask that Your Personal Information be corrected, updated, or deleted. If You would like to exercise this right, please contact Us using the details set out in the “Contact Us” section of this Privacy Policy. We may ask You to verify Your identity before acting on any of Your requests.
   3. Additionally, if You are a European resident We note that We are processing Your information in order to fulfil agreements We might have with You, or otherwise to pursue Our legitimate business interests listed above. Additionally, please note that Your information will be transferred outside of Europe, including Australia.
9. Complaints
   If You have any complaints about Our privacy practices, please feel free to send the details of Your complaints using the details set out in the “Contact Us” section of this Privacy Policy. We take complaints very seriously and will respond as soon as reasonably practicable.
10. Changes to Privacy Policy
    We may modify this Privacy Policy at any time, in Our sole discretion, and all modifications will be effective immediately upon providing the modifications to You or posting the modifications on Our website. Continued membership or use of the Website will constitute Your acceptance of the modified Privacy Policy.
11. The Website
    Generally when You visit the Website, We may automatically collect certain information about Your device, including information about Your web browser and some of the cookies that are installed on Your device. We may also collect information about the individual web pages or products that You view and information about how You interact with the Website.
    1. Web Browser
       When You visit the Website, We may collect certain information such as Your web browser, IP address, time zone, the date and time of Your visit, the pages viewed and information downloaded etc. This information is used in an aggregated manner to analyse how people use the Website such that We can improve Our service and to assess the success of Our marketing and advertising campaigns.
    2. Cookies
       From time to time cookies may be used on the Website. Cookies are very small files which a website uses to identify You when You come back to a website and to store details about Your use of the website. Most web browsers automatically accept cookies but You can choose to reject cookies by changing Your browser settings. However, this may prevent You from taking full advantage of the Website. The Website may from time to time use cookies to analyses website traffic and help Us provide a better visitor experience.
    3. Using pixel tags, web beacons, clear GIFs or other similar technologies We may from time to time use pixel tags, web beacons, clear GIFs or other similar technologies in connection with some website pages and HTML formatted e-mail messages to, among other things, measure the success of Our marketing campaigns, and compile statistics about website usage and response rates.
12. Third party sites
    The Website may, from time to time, have links to other websites not owned or controlled by Us. These links are meant for Your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that We are not responsible for the privacy practices of other such websites. We encourage Our users and Members to be aware, when they leave the Website, to read the privacy statements of each and every website that collects Personal Information.
13. Contact Us
    Should You have other questions or concerns about our Privacy Policy, please send Us an email at [email protected]