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Terms and Conditions

These terms and conditions (the “Terms and Conditions”) govern the use of shinyhappyspeaking.com (my “Site”). This Site is owned and operated by me (Jenny Wynter). 

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

Google Analytics and Facebook

Google

I use Google Analytics functions. You can find out how your data is collected here and there are instructions here on how to opt-out of Google Analytics data tracking.

My use of Google Analytics may include but is not limited to display advertising and remarketing. You may see my adverts across the internet, this is due to the use of tracking technologies (cookies) to optimise and serve my adverts based on past visits to my Site. When you log onto my Site, we, with the help of Google Analytics, use your browsing behaviour to connect this with other data that you previously provided to me in accordance with this privacy policy.

Facebook

I may use Facebook Insights to track your interaction with my Facebook pages https://www.facebook.com/jennywynter and https://www.facebook.com/shinyhappyspeaking this will allow me to track usage and improve the performance of my page. I will use Facebook Analytics to better measure, track and understand customer user experience to enable me to improve my products and services that I offer. You can check out Facebook’s privacy policy here and if you want to opt out of seeing ads on Facebook based on information I have received, you can control this in your ad preferences here.

EXTERNAL LINKS DISCLAIMER

The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by me.

I DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. I WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AFFILIATES DISCLAIMER

The Site may contain links to affiliate websites, and I receive an affiliate commission for any purchases made by you on the affiliate website using such links. 

I am a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for me to earn advertising fees by linking to Amazon.com and affiliated websites.

TESTIMONIALS DISCLAIMER

The Site may contain testimonials by users of my products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of my products and/or services. I do not claim, and you should not assume, that all users will have the same experiences.

YOUR INDIVIDUAL RESULTS MAY VARY. 

The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by me before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect my views and opinions. I am not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

Intellectual Property

Content published and made available on my Site is the property of me, Jenny Wynter, and the Site’s creators.

Where content is provided by third parties it is used by me and the Site’s creators in good faith. If you believe your Intellectual Property rights have been infringed or affected in any way, please contact me directly.

This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of my Site.

Sale of Goods And Services

These Terms and Conditions govern the sale of goods and services available on my Site.

​The following services are available on my Site:

  • Training Courses;

The following goods may from time to time be available on my Site:

  • Books
  • Merchandise
  • Artwork
  • Other physical items
  • Other digital items

Physical and digital goods will be paid for in full at time of purchase.

Services may be variously paid for in advance, secured by a percentage deposit or paid for on delivery of the service.

These Terms and Conditions apply to all the goods and services that are displayed on my Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that I provide about my goods and services are as accurate and up to date as possible. However, I am not legally bound by such information, descriptions, or images as I cannot guarantee the accuracy of all goods and services I provide. You agree to purchase goods and services from my Site at your own risk.

I reserve the right to modify, reject or cancel your order whenever it becomes necessary. If I cancel your order and have already processed your payment, I will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

​Payments

I accept the following payment methods on my Site:

  • Credit Card;
  • PayPal;
  • Debit; and
  • Direct Debit.

When you provide me with your payment information, you authorise my use of and access to the payment instrument you have chosen to use. By providing me with your payment information, you authorise me to charge the amount due to this payment instrument.

If I believe your payment has violated any law or these Terms and Conditions, I reserve the right to notify you and cancel or reverse your transaction.

Shipping and Delivery

When you purchase physical goods from my Site, the goods will be delivered through one of the following methods:

  • Australia Post;
  • Appropriate courier service

Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and public holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

If you purchase goods from me for delivery to a destination outside Australia your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. I am not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

​You are required to provide me with a complete and accurate delivery address, including the name of the recipient.

Where digital goods or subscriptions are purchased, you are required to provide me with a complete and accurate email address for delivery of access.

I am not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing me with inaccurate or incomplete information. Where addresses are incomplete or inadequate for successful delivery of your goods I will make reasonable efforts to contact you to confirm your delivery address. If this is not successful, I reserve the right to notify you and cancel or reverse your transaction.

Consumer Protection Law

Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability

I (Jenny Wynter) and my agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of my Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless me (Jenny Wynter) and my agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of my Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the State of Queensland, Australia.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and I are unable to resolve any dispute through informal discussion, then you and I agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and me. The costs of any mediation or arbitration will be shared equally between you and me.

Notwithstanding any other provision in these Terms and Conditions, you and I agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way I operate my Site and the way I expect users to behave on my Site. I will notify registered users by email of changes to these Terms and Conditions or post a notice on my Site.

​Contact Details

Please contact me if you have any questions or concerns. My contact details are as follows:

admin@shinyhappyspeaking.com

PO Box 176, Ferny Hills DC, QLD 4055

You can also contact me through the feedback form available on my Site.​

Effective Date: 1st day of Nov, 2022