JDL Strategies Terms and Conditions of Use
About the Website
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by JDL Group in the user interface.
Subscription to use the Services
In order to access the Services, you must first purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’).
In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘ Account’).
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
First and last name
You warrant that any information you give to JDL Group in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).
You may not use the Services and may not accept the Terms if:
you are not of legal age to form a binding contract with JDL Group; or
you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Your obligations as a Member
As a Member, you agree to comply with the following:
you will use the Services only for purposes that are permitted by:
the Terms; and
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify JDL Group of any unauthorised use of your password or email address or any breach of security of which you have become aware;
access and use of the Website are limited and non-transferable;
you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of JDL Group;
you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by JDL Group for any illegal or unauthorised use of the Website; and
you acknowledge and agree that any automated use of the Website or its Services is prohibited.
Where the option is given to you, you may make payment of the Subscription Fee by way of:
All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee .
You agree and acknowledge that JDL Group can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
JDL Group will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the Director of JDL Group makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).
Copyright and Intellectual Property
The Website, the Services and all of the related products of JDL Group are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by JDL Group or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by JDL Group, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
use the Website pursuant to the Terms;
copy and store the Website and the material contained in the Website in your device’s cache memory; and
print pages from the Website for your own personal and non-commercial use.
JDL Group does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by JDL Group.
JDL Group retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of JDL Group and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Last updated: 1 February 2022
General information about visits to our Websites is collected by our computer servers, with small files “cookies” that our Websites transfers to your computer’s hard drive through your Web browser (if you allow the delivery of “cookies”). The “cookies” are used to follow the pattern of movements of users by letting us know which pages on our Websites are visited, in what order and how often and the previous website visited and also to process the items you select if you are making purchases from our Websites. The anonymous non-personal information that we collect and analyse in not personal information as described in the Privacy Act.
Why do we use “cookies” and other web use tracking technologies?
When you access our Website, small files containing a unique identification (ID) number may be downloaded by your web browser and stored in the cache of your computer. The purpose of sending these files with a unique ID number is so that our Website can recognise your computer when you next visit our Website. The “cookies” that are shared with your computer can’t be used to discover any personal information such as your name, address or email address they merely identify your computer to our Websites when you visit us.
We can also log the internet protocol address (IP address) of visitors to our Website so that we can work out the countries in which the computers are located.
We collect information using “cookies” and other tracking technologies for the following reasons:
to help us monitor the performance of our Website so that we can improve the operation of the Website and the services we offer;
to provide personalised services to each user of our Website to make their navigation through our Website easier and more rewarding to the user; and
when we have permission from the user, to market the services we provide by sending emails that are personalised to what we understand are the interests of the user.
Even if you have given us permission to send you emails, you can, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service.
In addition to our own cookies, we may also use various third-parties’ cookies to report usage statistics of the Website, deliver advertisements on and through the Website, and so on.
What are your choices regarding cookies?
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
JDL Group will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of JDL Group make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of JDL Group) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the Services or any of the products of JDL Group of Companies (JDL Group); and the Services or operation in respect to links which are provided for your convenience.
JDL Group urges you to obtain professional advice before proceeding with any investment. JDL Group does not accept any damages or losses whatsoever, arising out of, or in any way related to, the use of this website and any other site linked to this website. This website is a model only and should not be portrayed as advice. For personal advice the JDL Group highly recommends you seek professional guidance. E.g. Accountant, Finance Broker or Financial Planner.
Nothing in this website constitutes or is intended to constitute an offer of, or an invitation to purchase or subscribe for, securities. JDL Group is not liable for the decisions or calculations made on this website as they are at the discretion of the user.
JDL Group reserves the right to make changes, modifications, additions, deletions and corrections to the website, at any time and without notice.
JDL Group does not accept any liability for any investment decisions made based on this information. This web site does not constitute financial advice and should not be taken as such. JDL Group recommends you obtain professional advice before proceeding with any investment.
By using our services, you agree that JDL Group 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 JDL Group 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, coaching, materials or techniques used or provided by JDL Group.
All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial, real estate or legal advice. Results are not guaranteed and JDL Group takes no responsibility for your actions, choices or decisions.
Limitation of Liability
JDL Group’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that JDL Group, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of Contract
The Terms will continue to apply until terminated by either you or by JDL Group as set out below.
If you want to terminate the Terms, you may do so by:
not renewing the Subscription prior to the end of the Subscription Period; or
closing your accounts for all of the services which you use, where JDL Group has made this option available to you.
JDL Group may at any time, terminate the Terms with you if:
you do not renew the Subscription at the end of the Subscription Period;
you have breached any provision of the Terms or intend to breach any provision;
JDL Group is required to do so by law;
the provision of the Services to you is, in the opinion of JDL Group, no longer commercially viable.
Subject to local applicable laws, JDL Group reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts JDL Group’s name or reputation or violates the rights of those of another party.
You agree to indemnify JDL Group, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
Within 60 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 60 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association (AMA) or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Gold Coast, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 90 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services offered by JDL Group are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
Last updated: 1 February 2022