Legals

Jen Dugard Website Terms of Use and Privacy Policy

Introduction

This website and its contents (“Website”) is owned by Jen Dugard and its subsidiaries Beyond Before Baby, Body Beyond Baby, Tough Mums, Tough Mums Team and Tuff Kids. ABN: 63 391 408 335

By accessing or using this website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the terms and conditions, the Privacy Policy and elsewhere on the website (known collectively as “Terms and Conditions”).

The Terms and Conditions govern the use of this website.

Jen Dugard reserves the right to amend these Terms and Conditions at any time with out notice. We therefore encourage you to check this document regularly.

All the information, exercises, ideas and examples contained within this website are of the nature of general comments only, and not in any way recommended as individual advice. The intent is to offer a variety of information based on the current exercise guidelines and industry practice to provide a wider range of choices now and in the future, recognizing that we all have widely diverse circumstances. Should any reader choose to make use of information contained herein without obtaining specific advice for their circumstances, this is their decision, and the contributors, Jen Dugard, Body Beyond Baby and it’s associates do not assume any responsibilities whatsoever under any conditions or circumstances. It is recommended that the reader obtain their own independent advice.

Applicable law

The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.

Jen Dugard makes no representation that the content of the website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.

Links to Third Party Sites & Third Party Advertisements

Jen Dugard assumes no responsibility and accepts no liability for the condition or content of third party websites that may be linked to or accessed from the website. Except as Jen Dugard may specifically direct otherwise, Jen Dugard does not authorise the content of those third party websites. The website may also contain third party advertisements, which contain embedded hyper-links to websites operated by third parties. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of Jen Dugard for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services, which you agree to purchase from those third parties.

Disclaimer and Liability

This website is provided on an “as is” basis. While Jen Dugard has used its best endeavors to ensure that the information contained on and accessed through the website is correct and current at the time of publication, Jen Dugard does not accept responsibility for any error, omission or defect in the information.

To the fullest extent permissible by law, Jen Dugard, its affiliated companies and their respective directors, employees, agents and contractors:

(a) Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the website, your access to the website or results of your access, or the information, content, materials or products on the website; and

(b) Do not warrant that the functions on the website will be uninterrupted or error-free, that any defects will be corrected or that the server, which stores and transmits content to you is free of viruses or other harmful components.

Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Jen Dugard, its affiliated companies or their respective directors, employees, agents and contractors) will Jen Dugard, its affiliated companies or their respective directors, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Website.

Indemnity

You agree to indemnify and keep indemnified Jen Dugard, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your willful or negligent act or omission with respect to the your use of the website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.

Intellectual Property & Restrictions On Use Of Content

The website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The website contains trademarks, intellectual property and copyright protected works, which is owned by Jen Dugard, and third parties. Except for the direct purpose of viewing, accessing or interacting with the website for your own personal use or as otherwise indicated on the website or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the website, or incorporate any part of the website into another website without Jen Dugard’s express consent.

User Submitted Content

When you submit any materials via the website including comments, recordings and images (“Content”), you, unless Jen Dugard advises otherwise, license and grant Jen Dugard its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use. You warrant that you have the full authority to grant these rights.

You agree that you are fully responsible for the Content you submit. Jen Dugard shall not be liable in any way for such Content to the full extent permitted by law. Jen Dugard may remove any Content without notice for any reason whatsoever. You warrant and agree that: (a) you will not submit any Content that is unlawful or fraudulent, or that Jen Dugard may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) you will obtain prior consent from any person or property that appears in your Content; (c) you will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) your Content shall not contain viruses or cause injury or harm to any person or entity; and (e) you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

Without limiting any other terms herein, you will indemnify Jen Dugard for any breach of the above terms.

Termination and Cancellation

Jen Dugard reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the website, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, Jen Dugard will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Jen Dugard’s liability will survive such termination.

 

Jen Dugard Privacy Policy

Jen Dugard  (“we”, “us”) is committed to protecting your privacy when you interact with content, our products, services and us.

The purpose of this Privacy Policy is to explain:

  • the application of this Privacy Policy
  • the kind of information which we may collect about you, how we collect it and how we use it
  • how we may disclose that information
  • how you can access the information we hold about you
  • when we may use your information to contact you
  • the protection of your personal information
  • the use of cookies to collect information, and how you can control or delete these cookies

1.         Application of this privacy policy

This Privacy Policy applies to personal information collected by us.

This policy applies only to Jen Dugard, Body Before Baby, Body Beyond Baby, Tough Mums, Tough Mums Team and Tuff Kids. It does not apply to any other company or organisation, including those whose digital services have links to Jen Dugard’s content or services. Third parties that have links to Jen Dugard content or services will have their own privacy policies that will govern the use of personal information they collect. We do not accept any responsibility or liability for the privacy practices of such third parties.

We will review our privacy policy regularly, and may update it from time to time. If we make changes, we will notify you and the changes will be posted here.  If you continue to use our services, you will be deemed to have agreed to the changes.

2.         Collection and use of personal information

2.1         Why we collect personal information

We will collect personal information about you:

  • because you have provided it to us, for instance if you contact us to make comments, or to ask us questions, or you have interacted with one of our digital services (including online and mobile services), for instance by participating in forums, polls or competitions;
  • because we need it to provide a product or service that you have requested, for instance, if you subscribe to an email list or loyalty program, enter  a competition, or purchase products from us;
  • because we would like to improve our services, for instance through the collection and analysis of statistical and research data and use of cookies (see below);
  • for purposes directly related to any of the above.

2.2        How we collect information when you use a digital service (including online and mobile services)

Broadly, there are two types of information or data we collect:

Information that you specifically give us

For example, you may provide information about yourself when you are filling in a form or when you sign up to a service. This type of information may include your name, email address and age. The information that you give us may be:

  • Personal information that is required. In some instances, you must provide personal information if you wish to use a particular service or participate in an activity. For example, your age may be required if we need to confirm that you are old enough to use a particular service.
  • Permissions. Sometimes you will be asked to confirm that you agree to a particular activity. For example, you may need to expressly agree that you would like to receive a newsletter or to confirm that you agree to the terms and conditions of a competition.

Data we collect that tracks your activity

We may automatically gather information to monitor the use of our services (including online and mobile services), like the numbers and frequency of visitors to our websites.

This information helps us improve our services by learning what our customers use and don’t use. It can also help us identify if there are any problems with our services that need fixing.

This data is usually collected using ‘cookies’. See below for more information about “cookies” and the information we may collect using them.

3.         Disclosure of personal information

3.1        Disclosure by us of personal information to third parties

We will not disclose your personal information to third parties, other than to third parties;

  • who we engage to provide us with services;
  • for the purposes of customising and promote to you services we provide that may be of interest to you;
  • for the purposes of providing technical support to you;
  • as permitted or required by law; or
  • consented to by you.

We may also disclose your personal information:

  • to our related companies;
  • to our professional advisors;
  • to law enforcement authorities, if we suspect that an unlawful act is being committed or that such disclosure will prevent that unlawful act.

Other than the types of disclosures set out in this Privacy Policy or as otherwise agreed by you, we will not disclose your personal information to any third party.

3.2       Information that you disclose publicly

When using digital services (including online and mobile services), we suggest that you use your discretion and exercise caution when providing your personal information. For instance, if you “share” information that you have posted on a Jen Dugard’s website using a social media tool, it is likely that you will be sharing your personal information. Please note that we have a limited capacity to protect personal information that you choose to share and you are solely responsible for sharing such personal information.

3.3      Information that is disclosed via other platforms or services

Some of our services may be integrated with external services, including social media networks. This may mean that information about you (for instance about your interests and activities) is tracked or pulled from other places (such as Facebook). If you use any of our services that are integrated with social media tools, this information may be available to others depending on the privacy settings you have in place on other platforms.

Your ability to opt-out of a third party tool or platform will depend on the conditions governing your agreement with that third party.

4.         Accessing your personal information

You are entitled to know what personal information we hold about you.  You are also entitled to update or correct your personal information.  If you would like to contact us in relation to your personal information, please do so by email to jen@jenduard.com

5.         Use of your personal information

We use to provide you with the services we provide.

Without limiting the generality of the foregoing, we may use your personal information to:

  • send you information about our services or other services our related companies provide or any changes or upgrades that we make to those services (including by way of e-marketing, SMS marketing, mail-outs and other forms of advertising and marketing);
  • to provide you with any other information or services you request that we provide; and
  • to answer queries or resolve complaints.

Except as set out in this Privacy Policy or otherwise agreed by you, we will not share your personal information with third parties (such as marketing companies) or use your personal information other than for our internal purposes.

6.         Protection of your personal information

We will take all reasonable steps to ensure that your personal information is properly protected from misuse or loss, and unauthorised access, modification or disclosure.

At the same time, we are committed to providing innovative and interactive experiences, and to being available to audiences on multiple platforms. Some of those platforms are not operated or controlled by us, and our ability to protect your personal information is limited.

Accordingly, we encourage you to be vigilant about the protection of your own personal information when using third party digital services (such as social media platforms).

7.         Use of cookies

We may use “cookies” with our digital services. A “cookie” is a small data file placed on your machine or device, which lets our digital service store information. This information allows us to make our digital services easier to use and more relevant.

We may use cookies for interactive features such as forums, voting, some games and online shopping. For instance, cookies allow our servers to keep track of your customer details between visits to the Jen Dugard website. The information stored by the cookie includes data that is provided during online registration processes. Placing cookies on your device also means we can serve you promotional information that you might be more interested in. The promotional information can appear on third party digital services as well as our services. It also allows us to control the number of times you see that promotional information and measure how effective the campaign has been.

Credit card information is never stored in a cookie.

Any “cookies” we use will be for the purpose of gathering aggregated information regarding visitor use of our services.

7.1         Controlling and deleting cookies

Popular browsers will usually give users a level of control over cookies.

You can set your browsers to accept or reject all, or certain, cookies. You can also set your browser to prompt you each time a cookie is offered.

7.2        Third Party Cookies

We may use suppliers who set cookies on our digital services on our behalf in order to deliver the services that they are providing.

For instance, if we embed photos and video content from third parties such as flickr and youTube, those third parties may have set cookies relating to that content. If you then “share” that content, another third party cookie may be set by the service you have chosen to share content through. We do not control these cookies, and we do not block cookies set by third parties in these ways.

 

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