Website Terms of Use

About The Website

1.1. Welcome to www.jessicaspendlove.com (the ‘Website‘). The Website provides you with an opportunity to browse and purchase Eproducts (Products), book 1:1 nutrition coaching, food brand consulting and ambassador services and career mentoring (Services) that have been listed on the Website, download free resources and browse other services on offer. The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services‘).

1.2. The Website is operated by Jessica Kathleen Spendlove (ABN: 69 923 601 447) t/as Jessica Spendlove Clinical and Sports Dietitian (‘Jessica Spendlove’). Access to and use of the Website, or any of its associated Products and Services are provided by Jessica Spendlove. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3. Jessica Spendlove reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Jessica Spendlove updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

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 Jessica Spendlove in the user interface.

Bookings And Cancellations For Services

3.1. Jessica Spendlove requires all bookings for the Services to be made via the booking system provided (the ‘Booking System’).

3.2. If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.

Individual Nutrition Coaching and Career Mentoring Sessions

3.3. Once you have made a booking for the Services, you will be sent an invoice required to make payment of the purchase price (Purchase Price) via bank transfer or credit card payment. Payment of the Purchase Price must be made prior to or on the day of your booked consultation.

Kickstart Performance and Premium Performance Packages

3.4. Once you have selected a package and made a booking for the Services, you will be required to make payment of the Purchase Price by making an upfront payment at the time of your booking or by making instalment payments.

3.5. Following payment of the Purchase Price being confirmed by Jessica Spendlove, you will be issued with a receipt to confirm that the payment has been received and Jessica Spendlove may record your purchase details for future use.

3.6. You acknowledge and agree that where a request for the payment of the Purchase Price 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 Purchase Price.

3.7. In the event that any payment under these Terms is not made in full on the due date, Jessica Spendlove is entitled to charge You interest at the rate of 5% per annum, calculated daily.

3.8. You agree that if You default on any payments due and payable under these Terms, any costs incurred by Jessica Spendlove for steps taken to enforce payment terms will be recoverable and payable by You.

Cancellation and Refunds for Services

3.9. You must notify Jessica Spendlove of an intention to cancel the Services as soon as practicable through e-mail to [email protected] and abide by the following (‘Cancellation Policy’).

3.10. Jessica Spendlove understands that things change, and therefore if you need to make a request to alter your booking time you agree to provide at least 48 hours’ notice. Unfortunately, if you have to make changes within 48 hours of your scheduled session, you will incur a cancellation fee. Cancellations made within 24-48 hours will incur a cancellation fee of 50% of the session fee. Cancellations made with less than 24 hours’ notice and missed appointments will incur a cancellation fee of 100% of the session fee.

3.11. The Services including the Premium Performance and Kickstart Performance packages are non-refundable. This means that if you wish to terminate the Services, early, all unpaid amounts of the Purchase Price are non-refundable.

3.12. For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Services early, Jessica Spendlove reserves the right to immediately collect all outstanding amounts of the Purchase Price without notice by charging your method of payment.

3.13. In the event that any payment is not made in full on the due date, Jessica Spendlove is entitled to charge you interest at the rate of 5% per annum, calculated daily.

3.14. You agree that if you default on any payments due and payable under the Terms, any costs incurred by Jessica Spendlove for steps taken to enforce payment terms will be recoverable and payable by you.

3.15. Jessica Spendlove will only provide you with a refund of the Purchase Price in the event that Jessica Spendlove is unable to continue to provide the Services (the ‘Refund‘).

Eat Like The Elite Membership General Terms

4.1. The Jessica Spendlove Membership (the ‘Membership’) and gives you access to the Membership Services (the ‘Membership Services’) outlined on the membership page on the Jessica Spendlove Website (the ‘Membership Page’) and within these Terms.

4.2. By continuing to apply for a Membership after reading these Terms, you are deemed to have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

4.3. Jessica Spendlove reserves the right to change the features, content or services related to the Membership without notice to you in order to improve the quality of the Membership offered to you or for any other reason, as its sole discretion.

Membership Inclusions

5.1. The Eat Like the Elite Membership is offered with various membership options and inclusions as follows:

Option 1 Baseline Membership

• Foundation videos
• Monthly modules and supporting templates
• Monthly Q&A recording
• Opportunity to submit questions to the monthly Q&A
• Exclusive video content with elite athletes
• Fortnightly elite newsletter
• Access to monthly product guides
• Discount on masterclasses and guest presentations

 

Option 2 Premium Membership

• Foundation videos
• Monthly modules and supporting templates
• Live monthly Q&A
• Opportunity to submit questions to the monthly Q&A
• Exclusive video content with elite athletes
• Fortnightly elite newsletter
• Access to monthly product guides
• Access to masterclasses and guest presentations
• Access to the private Facebook community

 

Option 3 VIP Membership

• Foundation videos
• Monthly modules and supporting templates
• Live monthly Q&A
• Opportunity to submit questions to the monthly Q&A
• Exclusive video content with elite athletes
• Fortnightly elite newsletter
• Access to monthly product guides
• Access to masterclasses and guest presentations
• Access to the private Facebook community
• 4 X meal plan review per year by a nutrition professional

 

5.2. For each membership option the Membership period options are 3 months, 6 months or 12 months (the Membership Period). At the end of the Membership Period, the Membership Period will automatically renew for the same Membership Period and Membership you originally chose if you do not change it or choose not to renew and cancel.

5.3. Membership inclusions are not transferable to another person.

5.4. You are permitted to upgrade your Membership package at any time. Any difference between your new Membership Fee and the current Membership Fee will be processed and charged upon upgrading your Membership. Your new Membership Fee will then be charged beginning the next monthly due date.

5.5. If you wish to downgrade your Membership at the end of the Membership Period, please email [email protected] prior to the end of the Membership Period. If you downgrade your Membership prior to the end of your current Membership Period, the current Membership Fee will remain until the end of the Membership Period. Your new Membership Fee will then be charged beginning the next monthly due date.

5.6. If you decide not to renew and cancel your Membership at the end of the Membership Period, you must provide 30 days’ notice by email to [email protected] prior to the end of your Membership Period. Any unused portions of the Membership Inclusions are not refundable. If you do not provide the required 30 days’ notice your Membership will automatically renew.

5.7. All inclusions are subject to change and are offered at the sole discretion of Jessica Spendlove.

Membership Fees

6.1. You agree to pay Jessica Spendlove in full the Membership Fees set out on the Membership Page.

6.2. The Membership Fees are non-refundable. This means if you wish to cancel or terminate your Membership you will not be provided with a refund.

6.3. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts.

6.4. You agree and acknowledge that Jessica Spendlove can vary the Membership Fees at any time by providing advanced notice to you.

Payment

7.1. You are given the option of paying for the Membership Fees upfront or on a monthly basis through a payment plan.

7.2. If you choose to pay through a payment plan, you agree to pay Jessica Spendlove the monthly Membership Fees at the then-current rate, on a monthly basis for the Membership Period.

7.3. If you choose to pay the monthly Membership Fees, fees are automatically billed on 28th day of every month, on a monthly basis (Monthly Billing Date) and will charged to the same payment process used in your initial payment.

7.4. All payments made in the course of your use of the Membership Services are made using Stripe. When making any payment in relation to your use of the Membership 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.

7.5. Following payment of the Membership Fees being confirmed by Jessica Spendlove, you will be issued with a receipt to confirm that the payment has been received and Jessica Spendlove may record your purchase details for future use.

7.6. You acknowledge and agree that where a request for the payment of the Membership Fees 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 Membership Fees.

7.7. In the event that any payment under these Terms is not made in full on the due date, Jessica Spendlove is entitled to charge You interest at the rate of 5% per annum, calculated daily.

7.8. You agree that if You default on any payments due and payable under these Terms, any costs incurred by Jessica Spendlove for steps taken to enforce payment terms will be recoverable and payable by You.

Member Conduct And Obligations

8.1. As a Member, you expressly agree that you will not, through any means:

(a) harm, harass, hassle or abuse other Members; or
(b) send un-welcomed communication such as Spam to other Members; or
(c) act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
(d) infringe the privacy rights of any Member or any third-party.

8.2. Jessica Spendlove, at its discretion, reserves the right to remove, edit or alter any content created by you, on the membership site or any other related platform.

8.3. Jessica Spendlove retains the right to revoke your Membership or deny you access to the Membership Services at any time.

8.4. As a Member, you agree to comply with the following:

(a) you will use the Membership Services only for purposes that are permitted by:
       i. the Terms; and
       ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) 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 Membership Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. you agree to immediately notify Jessica Spendlove of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Jessica Spendlove providing the Membership Services;
(e) you will not use the Membership Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Jessica Spendlove;
(f) you will not use the Membership 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;
(g) 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 Membership Services. Appropriate legal action will be taken by Jessica Spendlove for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Membership Services is prohibited.

Cancellation And Termination Of Your Membership

Cancellation

9.1. You may cancel your Membership by providing written notice to Jessica Spendlove, by giving 1 months’ notice.

9.2. Once paid, the Membership Fee is non-refundable. This means if you cancel your Membership, you will not be provided with a refund.

9.3. If you decide not to renew and cancel your Membership at the end of the Membership Period, you must provide 30 days’ notice by email to [email protected] prior to the end of your Membership Period. Any unused portions of the Membership Inclusions are not refundable. If you do not provide the required 30 days’ notice your Membership will automatically renew.

9.4. Jessica Spendlove will only provide You with a refund of the Membership Fee in the event that Jessica Spendlove is unable to continue to provide the Membership Services (the ‘Refund‘).


Termination by Jessica Spendlove

9.5. Jessica Spendlove may terminate your Membership for any breach of these Terms by providing 7 days’ written notice to you by email. At the discretion of Jessica Spendlove, Jessica Spendlove may allow you to remedy the breach within 3 days’ notice, or another time-frame as Jessica Spendlove nominates, and in being satisfied with the remedy of the breach by you, Jessica Spendlove will not terminate your Membership.


Termination by You

9.6. You may terminate this Agreement for a breach by Jessica Spendlove of these terms by providing 7 days’ written notice of the breach to Jessica Spendlove. During the 7 day notice period, Jessica Spendlove reserves the right to remedy the breach. If Jessica Spendlove remedies the breach which was the cause of the notice, the Agreement will not be terminated.

Purchase Of Products

10.1. In using the Purchase Services to purchase the Products through the Website, you will agree to the payment of the Purchase Price listed on the Website for the Products.

10.2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (the ‘Payment Gateway Providers‘).

10.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

10.4. Following payment of the Purchase Price being confirmed by Jessica Spendlove, you will be issued with a receipt to confirm that the payment has been received and Jessica Spendlove may record your purchase details for future use.

10.5. You acknowledge and agree that where a request for the payment of the Purchase Price 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 Purchase Price.

10.6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

Product Refunds And Returns

Jessica Spendlove does not provide change of mind refunds. Please keep this in mind when making a purchase.

Delivery Of Eproducts

12.1. Eproducts are delivered as links to download sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact [email protected].

12.2. Jessica Spendlove will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Eproduct.

Warranty

13.1. Eproducts

(a) Jessica Spendlove’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty‘). A major failure with a product under Australian Consumer Law includes but is not limited to where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.

(b) If you have received an Eproduct that you believe is faulty or defective, please contact [email protected] with photographic proof.

13.2. Services
(a) Jessica Spendlove will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Jessica Spendlove makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.
(b) The services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel the Terms with Jessica Spendlove, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

Products Disclaimer

You are solely responsible for creating and implementing your own physical, health, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from your use of the Products and any free resources. As such, you agree that Jessica Spendlove is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or for any direct or indirect result of any Products and free resources provided by Jessica Spendlove.

Services Disclaimer

15.1. You agree that when you purchase the Services, you are solely responsible for creating and implementing your own physical, health, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from Jessica Spendlove’s relationship with you, its educational materials and interactions with you. As such, you agree that Jessica Spendlove is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services it provides.

15.2. You understand that the Services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Services are not to be used as a substitute for dietetic care. It is your exclusive responsibility to seek such independent professional guidance as needed.

15.3. You agree to release and discharge Jessica Spendlove from and against all claims arising out of or in connection with provision of the Services. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Service from Jessica Spendlove.

Information Disclaimer

16.1. Any information, advice, content or documentation provided on the Website, through the Services or within Products, free resources, Instagram and other social media accounts, blog, podcast or on any other related platform do not constitute professional advice and are provided for general information and guidance purposes only.

16.2. All care is taken in the preparation of the information and published materials on the Website, through the Services or within Products, free resources, Instagram and other social media accounts, blog, podcast or on any other related platform. Jessica Spendlove does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

16.3. To the extent permissible by law, Jessica Spendlove will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Services or within Products, free resources, Instagram and other social media accounts, blog, podcast or on any other related platform.

Copyright And Intellectual Property

17.1. You acknowledge that the Website, the Purchase Services, Jessica Spendlove’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Jessica Spendlove or its affiliates, licensors, or suppliers whether displayed on the Website, social media accounts, blog or on any other related platform (‘the Content’).

17.2. You hereby indemnify and agrees to keep indemnified Jessica Spendlove against all liability, losses or expenses incurred by Jessica Spendlove in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Jessica Spendlove or any third party by you or your agents.

17.3. You may not, without the prior written permission of Jessica Spendlove 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 Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

17.4. For any services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Jessica Spendlove, Jessica Spendlove grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific services, and any related software, content, equipment or other materials for your specific, non-commercial use only.

Privacy

Jessica Spendlove takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Jessica Spendlove’s Privacy Policy.

General Disclaimer

19.1. You acknowledge that Jessica Spendlove does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products and Services other than provided for pursuant to these Terms.

19.2. Nothing in these 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.

19.3. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Jessica Spendlove 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 Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

19.4. Use of the Website, the Purchase Services, and any of the Products and Services of Jessica Spendlove is at your own risk. Everything on the Website, the Purchase Services, and the Products of Jessica Spendlove, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Jessica Spendlove make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Jessica Spendlove) 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:

(a) 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;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Services;
(d) the Content or operation in respect to links which are provided for your convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

User Generated Content

20.1. If you choose to contribute any content to the Website or any other platform operated by Jessica Spendlove, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).

20.2. By contributing content to the Website, you grant Jessica Spendlove a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Jessica Spendlove.

20.3. Additionally, if you post Your Content with any personal information including identifying information such as location or name, you agree Jessica Spendlove can use that information with Your Content for advertising and promotional purposes, or any other business purpose

20.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Jessica Spendlove social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Jessica Spendlove. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

20.5. Please ensure you keep your own copies of Your Content as Jessica Spendlove may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

20.6. Jessica Spendlove will endeavour to provide you with an appropriate credit when using Your Content on Jessica Spendlove platforms, though you understand and agree this may not always be possible.

20.7. Jessica Spendlove reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

Mailing List And Sms List Registration

21.1. You will be given the option to register for the Jessica Spendlove Mailing List (the ‘Mailing List‘) and SMS List (the ‘SMS List’)

21.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Name and address
(c) Mobile phone number

21.3. If you choose to register for the Mailing List or SMS List, you agree to receive promotional material, updates and other content from Jessica Spendlove.

Limitation Of Liability

22.1. Jessica Spendlove’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Jessica Spendlove is the resupply of information or Purchase Services to you.

22.2. You expressly understand and agree that Jessica Spendlove, its affiliates, employees, agents, contributors, third party content providers 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.

22.3. Jessica Spendlove is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Jessica Spendlove, by third parties or by any of the Purchase Services offered by Jessica Spendlove.

Indemnity

23.1. You agree to indemnify Jessica Spendlove, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) 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 any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.

Venue And Jurisdiction

The Purchase Services offered by Jessica Spendlove 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 New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.

Severance

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.