‘xojackie.com’ – Website Terms and Conditions

1. Acceptance of our Terms
   
   1. By visiting, viewing, accessing or otherwise using xojackie.com and/or any materials, information and/or services at xojackie.com or related websites (together, the “Websites”) and/or any of the services or information available on the Websites, you agree to be bound by the following Website Terms and Conditions, our Booking Terms and Conditions (where applicable) and our Privacy Policy (together, the “Website Ts & Cs”).
   2. If you do not want to be bound by our Website Ts & Cs, then your only option is not to visit, view, access or otherwise use the Websites.  You understand, agree, and acknowledge that these Website Ts & Cs constitute a legally binding agreement between you and XO Productions (ABN: 89 929 076 705) (“we”, “our” or “us”) and that your use of the Websites shall indicate your acceptance of the Website Ts & Cs.
   3. You must be at least 18 years of age to use the Websites.  By using the Websites (and therefore agreeing to these Website Ts & Cs) you warrant and represent that you are at least 18 years of age.
2. Provision of Services
   
   1. You agree and acknowledge that we may modify, delete, improve, update or discontinue any information, materials or services (including those relating to TransformU) available on the Websites (the “Services”) at our sole discretion and without notice to you, even if it may result in you being prevented from accessing any information or Services contained on the Websites.  Also, you agree and acknowledge that we are entitled to provide Services to you through subsidiaries, affiliates, agents or third parties.
   2. We operate the Services in Australia. If you choose to access our Websites and Services from locations outside of Australia, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in Australia. You also agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Service, if and to the extent local laws are applicable to use of our Services. The right to access and use the Services is not granted in jurisdictions, if any, where such access and use may be prohibited or would render us in violation of any applicable laws or regulations, including without limitation, applicable privacy laws.
   3. You agree to use the Services only for purposes permitted by these Website Ts and Cs, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. If your use of the Services or other behavior intentionally or unintentionally threatens our ability to provide the Services or other systems, or violates any of these Website Ts and Cs, we reserve the right to take all reasonable steps to protect the Services (and affiliated systems), which may include suspension or termination of your access to the Services and your Account, or any portion thereof, or taking legal action, all without notice to you. In connection with your use of the Services, you will not and will not assist or enable others to:
      
      1. violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
      2. breach or circumvent any agreements with third-parties, third-party rights, or our Website Ts and Cs;
      3. exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
      4. send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Website Ts and Cs;
      5. transmit, or procure the sending of, any advertising or promotional material without our prior written consent including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
      6. impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), or falsely claim that you have an affiliation with the Company, a Company employee, another user, or any other person or entity, or have been endorsed by the Company, a Company employee, another user, or any other person or entity;
      7. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm us or users of the Services, or expose them to liability;
      8. use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;
      9. use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the Materials on the Services;
      10. use any manual process to monitor or copy any of the Materials on the Services, or for any other purpose not expressly authorized in these Website Ts and Cs, without our prior written consent;
      11. introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or attack the Services, including via a denial-of-service attack or a distributed denial-of-service attack;
      12. attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services, or use any device, software, or routine that interferes with the proper working of the Services;
      13. copy, reproduce, modify, distribute, display, create derivative works of or transmit any Materials or other content on the Services or reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services;
      14. violate, misappropriate, or infringe a third party’s intellectual property or other right; or
      15. otherwise attempt to interfere with the proper working of the Services.
   4. Subject to your compliance with these Website Ts and Cs, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access, view, and listen to any Materials made available on or through the Services and accessible to you, solely for your personal and non-commercial use. The use of any part of the Services, except for use as permitted in these Website Ts and Cs, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
3. Ownership of Copyright and Information
   
   1. We own or control all right, title and interest (including copyright and other intellectual property rights) in and to the Services, Websites and their contents, features, technologies, and functionality (including but not limited to all information, software, text, displays, images, video, works, and audio, and the design, selection, and arrangement thereof) (collectively, “Materials”)
   2. You acknowledge that certain Materials (such as copyright and third-party trade marks and logos) may be owned by third parties and you agree not to infringe the rights of those third parties.
   3. You may access and/or reproduce Materials only for the purpose of viewing such Materials on a personal electronic device (such as your phone or computer).  You may not otherwise use or exploit (including, without limitation, by way of selling, distributing, adapting, editing, changing, transforming, republishing, showing or playing in public (for a commercial purpose), publishing or communicating) the Websites or the Materials without our prior written agreement and we reserve all such rights in the Materials.
   4. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Websites and Services, and requests for technical support or other communications relating to the Websites and Services (“Feedback“). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you.  By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
4. Permissions
   
   1. If you wish to discuss obtaining permission to use any Materials please feel free to email us at mail@xojackie.com.
5. Submitted Content
   
   1. When you submit content to the Websites you simultaneously grant us a royalty-free, worldwide, irrevocable, perpetual license to publish, display, modify, distribute, communicate, syndicate and otherwise use in any manner throughout all media such content.
6. Indemnification
   
   1. You agree to indemnify us (including our representatives, employees, agents and affiliates, together the “Indemnified”) and hold us harmless against any and all liability, loss, claims, demands and/or expenses (including indirect and consequential losses), from any allegation arising out of (or relating to) your use of the Services, Websites or Materials or which the indemnified may incur as a result of any breach by you of these Website Ts & Cs (including a breach of your warranties) or any negligent act or omission by you.
7. No Warranties
   
   1. You understand and agree that your use of the Websites and any information contained on the Websites is entirely at your own risk.
   2. We do not promise or warrant in any way:
      
      1. the Websites will be constantly available, or available at all;
      2. the information on the Websites (or on any of Jackie Gillies’ social media pages) is complete, true or accurate; or
      3. you can rely on or use any information on the Websites or in the Materials.
   3. All content provided on the Websites is for interest and entertainment purposes only. We make no representations as to the accuracy or completeness of any information on the Websites or any third party websites found by following any link or direction on the Website.
   4. Nothing on the Websites constitutes, or is meant to constitute, advice of any kind.  If you require any advice or assistance in relation to any matter (including legal, financial, medical or personal matters), then you should consult an appropriate professional.
8. Report Infringing Material
   
   1. If you become aware of any material on the Websites that you believe infringes the law or infringes your or any other person’s rights (including copyright, other intellectual property rights), or you have a complaint to make regarding the content of the Websites, you must immediately report this by email to mail@xojackie.com specifying the URL on which the material appears and a description of the relevant material.
9. Termination of Agreement
   
   1. We may, at any time, prohibit you from using the Websites (or any part of the Websites or Materials).  If we notify you of such prohibition, then you must immediately cease using the Websites (or the relevant part of the Websites or Materials) and you must not attempt to continue to use the Websites.
   2. For so long as you use the Websites, these Website Ts and Cs will continue to apply. Terms that are to continue in perpetuity shall be unaffected by any termination of your use of, and access to, the Website and Materials.
10. Limitation of Liability
    
    1. To the maximum extent permitted by law, all express or implied terms, conditions, warranties and representations in relation to any Materials, the Services provided by us (or our affiliates) and the Websites are expressly excluded.  In particular, we make no promises that the Websites will operate on your computer and we do not assume any responsibility for (and you agree we will not be liable for) any cost, damage or loss incurred by you as a result of using the Websites (or the Materials) including arising from, or in relation to, any error, action, omission, ‘bug’, interruption, interference, deletion, defect, delay in operation or transmission, communication line failure, unauthorised access to, or alteration of the Websites or Materials, whether negligent or otherwise.
    2. In no event will we (including our agents, employees or contractors) be liable for any: (a) direct loss; or (b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or (c) business interruption; however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of your use of the Websites or the Materials.
    3. If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these Website Ts and Cs, to the extent permitted by law, our entire liability and your exclusive remedy is limited, in our discretion, to: (a) with respect to the supply of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; (b) with respect to the supply of services: (i) the re-supply of the services; or (ii) the payment of the cost of having the services re-supplied.
11. Disclaimers
    
    1. Any information contained or otherwise made available to you through the Websites, Services (including but not limited to information contained in videos, emails, comments, readings or calls) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, psychological, medical, health or legal matters. We do not provide medical advice, diagnosis, or treatment, nor are we a medical service provider. Never disregard professional advice or delay in seeking it because of something you have read, seen, or heard via the Services.  Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss. Reliance on any information provided by us, or others via the Websites or Services, or other visitors to the Services, is solely at your own risk. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Websites or Services, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
    2. The information, products and services offered on or through the Websites and by us and/or any third-party sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable laws, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Websites or any of the Websites’ functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the Websites, or the servers that make it available, are free of viruses or other harmful components.  We do not warrant or make any representations regarding the use or the results of the use of the Services, Websites or Materials on the Websites or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
12. Links from the Websites and Third Party Content and Advertising
    
    1. The Websites may include third-party content or advertising or links to third-party content, advertising and other websites. Links to third-party content, advertising and/or other websites are inserted for convenience and do not constitute endorsement of material or information at those links, or any associated organisation, product or service. Inclusion of third-party content or advertising on the Websites does not, in itself, constitute our (or Jackie Gillies’) endorsement of such third party content or advertisement (or the subject matter contained in such content or advertisement).  You acknowledge and agree that unless specifically expressed otherwise, we and Jackie Gillies do not endorse any advertising, products, goods or resources appearing on the Websites or available via links on the Websites (and are not responsible for, or liable in any way in relation to, such advertising, products, goods or resources).
13. Jurisdiction
    
    1. You understand and agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia to resolve any legal matter arising in connection with the Website Ts and Cs (including any use of the Websites).
14. Unenforceable provisions
    
    1. If the courts of New South Wales, Australia rule that any provision of these Website Ts and Cs is invalid or unenforceable, then that provision will be removed and the remaining provisions will continue to be valid and enforceable.
15. Changes to the Terms
    
    1. We reserve the right to modify these Website Ts and Cs from time to time at our sole discretion and without any notice – you agree to regularly check these Website Ts and Cs for updates. Changes to these Website Ts and Cs become effective on the date they are posted and your continued use of the Websites after any changes to these Website Ts and Cs will signify your agreement to be bound by the amended Website Ts and Cs.
       

       
       
       TransformU Terms and Conditions

       1. Acceptance of our TransformU Terms and Conditions
          
          1. By registering for the TransformU program (“TransformU”) and/or accessing or using any of the information and materials related to TransformU (the “TransformU Materials”) and related services the “TransformU Services”), you agree to be bound by the following TransformU Terms and Conditions (the “TransformU Agreement”), which is to be read in conjunction with (and to supplement) our Reading Booking Terms and Conditions (where applicable), our Website Ts & Cs and our Privacy Policy, which shall also apply (to the extent relevant) in connection with your registration for TransformU and access to the TransformU Services and TransformU Materials (the “Course”).
          2. You understand, agree, and acknowledge that the TransformU Agreement constitutes a legally binding agreement between you and XO Productions (ABN: 89 929 076 705) (“we”, “our” or “us”) and that your registration for TransformU shall indicate your acceptance of the TransformU Agreement.
          3. You must be at least 18 years of age to register for TransformU and by registering for TransformU you warrant and represent that you are at least 18 years of age.
       2. Registration for TransformU
          
          1. In order to access the Course you must create and register an account (“Account”).  You must provide accurate, current, and complete information during the registration process and keep your Account up to date at all times.
          2. Access to and use of the Account and the Course is subject to payment of a subscription fee (“Fee”).
          3. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your subscription, and regularly thereafter based on the terms of your subscription, and you hereby authorise us to charge your credit card for the then-applicable subscription Fee.
          4. Except in circumstances required by the law, the Fee is non-refundable. All Fees are payable in Australian Dollars, unless otherwise specified. We may change the Fee (excluding pre-paid plans such as annual plans) for the Course or any element of the Course, but will give you advance notice of these changes via a message to the email address associated with your Account.
          5. If for any reason we are unable to effect automatic payment via your credit card, we will attempt to notify you via email and your Account may be disabled until payment is received.
          6. You are responsible for notifying us of any changes to your credit card information and to update your information if your credit card has expired. We may suspend, terminate and/or otherwise interrupt your access to your Account and the Course if you fail to so notify us. You are responsible and liable for the Fee and any costs and expenses, including solicitor and collection fees, that we may incur in our efforts to collect any remaining balances due from you.
       3. Use of Your Account
          
          1. You are solely responsible for the confidentiality of your Account and password, as well as for its use and misuse. You must promptly inform us of any need to deactivate your Account, including if you become aware that your Account is compromised or being used without authorisation.
          2. You will be liable for any and all activities conducted through your Account that, if undertaken by you, would be deemed a violation of this TransformU Agreement. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, with or without providing a refund of amounts paid by you, including if, in our opinion, you have violated any provision of this TransformU Agreement. You should use caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
          3. You may delete your Account or stop using the TransformU Services at any time. This action may be non-reversible and you may lose all, or some portion of, the data associated with your Account. Termination of your Account will not relieve you of any obligation that may have arisen prior to such termination, including the obligation to pay the Fee.
       4. Location and Offering
          
          1. We currently offer the Course from New South Wales, Australia in English, but you may register for the Course anywhere throughout the world.
          2. You agree to use and access the Account and the Course only for purposes permitted by this TransformU Agreement and as otherwise directed and/or notified by us. If your use of the Account or Course, or other behavior, intentionally or unintentionally threatens our ability to provide the Course, or violates any of this TransformU Agreement, we reserve the right to take all reasonable steps to protect the Course and our systems, which may include suspension or termination of your access to the Course and your Account, or any portion thereof, or taking legal action, all without notice to you.
          3. You may not reproduce, publish, share or use the Course, TransformU Services or Account in contravention of this TransformU Agreement or in any other unauthorised manner.
          4. Subject to your compliance with this TransformU Agreement, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access, view, and listen to any TransformU Materials made available to you solely for your personal and non-commercial use.
          5. Certain features of the Course and our TransformU Services may permit (a) the posting or publishing by you and other users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “User Content“).  You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.  You acknowledge that you are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.
       5. Provision of TransformU Services
          
          1. You agree and acknowledge that we may modify, delete, improve, update or discontinue any TransformU Services or the User Content, and may change any element of the TransformU Materials at our sole discretion and without notice to you, even if it may result in you being prevented from accessing any Service, information and elements of the Course.  Also, you agree and acknowledge that we are entitled to provide the TransformU Services and deliver TransformU through subsidiaries, affiliates, agents or third parties.
       6. Ownership of Copyright and Information
          
          1. We own or control all right, title and interest (including copyright and other intellectual property rights) in and to the Course, Account, TransformU Services, TransformU Materials and all related materials, (including but not limited to all information, software, text, displays, images, video, works, audio, and the design, selection, and arrangement thereof).
          2. You acknowledge that certain TransformU Materials (such as copyright and third-party trade marks and logos) may be owned by third parties and you agree not to infringe the rights of those third parties.
          3. You may access and/or reproduce TransformU Materials only for the purpose of viewing such TransformU Materials on a personal electronic device (such as your phone or computer).  You may not otherwise use or exploit (including, without limitation, by way of selling, distributing, adapting, editing, changing, transforming, republishing, showing or playing in public (for a commercial purpose), publishing or communicating) the Course or the TransformU Materials without our prior written agreement and we reserve all such rights in the TransformU Materials.
          4. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Course, and requests for technical support or other communications relating to the Course and Account (“Feedback“).  Any Feedback you submit to us will be considered non-confidential and non-proprietary to you.  By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
       7. Submitted Content
          
          1. When you submit content in connection with the Course you simultaneously grant us a royalty-free, worldwide, irrevocable, perpetual license to publish, display, modify, distribute, communicate, syndicate and otherwise use in any manner throughout all media such content.
       8. Indemnification
          
          1. You agree to indemnify us (including our representatives, employees, agents and affiliates, together the “indemnified“) and hold us harmless against any and all liability, loss, claims, demands and/or expenses (including indirect and consequential losses), from any allegation arising out of (or relating to) your use of your Account and the Course or which the indemnified may incur as a result of any breach by you of this TransformU Agreement (including a breach of your warranties) or any negligent act or omission by you.
       9. No Warranties
          
          1. You understand and agree that your use of the Course Materials and/or access to the Course is entirely at your own risk.
          2. We do not promise or warrant in any way that:
             
             1. your Account or any part of the Course will be constantly available, or available at all;
             2. the information made available in, and in connection with, the Course is complete, true or accurate; or
             3. you can rely on or use the TransformU Services or TransformU Materials other than as specifically indicated by us.
          3. We make no representations as to the accuracy or completeness of any specific information contained within the Course other than as expressly represented by us.
          4. If you require any advice or assistance in relation to any specific matter (including legal, financial, medical or personal matters), then you should consult an appropriate professional.
       10. Termination of Agreement
           
           1. We may, at any time, prohibit you from using and/or accessing your Account or the Course (or any part of your Account or the Course).  If we notify you of such prohibition, then you must immediately cease using your Account and/or the Course.
           2. For so long as you access your Account or Course, this TransformU Agreement will continue to apply. Terms that are to continue in perpetuity shall be unaffected by any termination of this agreement.
       11. Limitation of Liability
           
           1. To the maximum extent permitted by law, all express or implied terms, conditions, warranties and representations in relation to your Account and the Course are expressly excluded.  In particular, we make no promises that Course will be suitable to your needs and we do not assume any responsibility for (and you agree we will not be liable for) any cost, damage or loss incurred by you as a result of registering for, or participating in, the Course or accessing your Account, whether caused by negligent or otherwise.
           2. In no event will we (including our agents, employees or contractors) be liable for any: (a) direct loss; or (b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or (c) business interruption; however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of your participation in the Course.
           3. If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by this TransformU Agreement, to the extent permitted by law, our entire liability and your exclusive remedy is limited, in our discretion, to: (a) with respect to the supply of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; (b) with respect to the supply of services: (i) the re-supply of the services; or (ii) the payment of the cost of having the services re-supplied.
       12. Disclaimers
           
           1. Any information contained or otherwise made available to you within the Course or Account (including but not limited to information contained in videos, emails, comments, readings or calls) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, psychological, medical, health or legal matters. We do not provide medical advice, diagnosis, or treatment, nor are we a medical service provider.
           2. Never disregard professional advice or delay in seeking it because of something you have read, seen, or heard in connection with the Course or Account.  We make no representations or warranties concerning any action, or application of by any person following the information offered or provided within or through your Account or the Course unless expressly indicated otherwise.  Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss.  Reliance on any information provided by us, or others via your Account or the Course, is solely at your own risk.  You alone are responsible and accountable for your decisions, actions and results in life, and by your use of your Account, the Course or the TransformU Materials, and you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
           3. The information, products and services offered on or through your Account and the Course are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable laws, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that your Account or the Course (or any part thereof) will be uninterrupted or error-free or that defects will be corrected.
           4. We do not warrant or make any representations regarding the use or the results of the use of your Account or the Course or on third-party materials in terms of their correctness, accuracy, timeliness, reliability or otherwise.
       13. Jurisdiction
           
           1. You understand and agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia to resolve any legal matter arising in connection with this TransformU Agreement (including any use of your Account or the Course).
       14. Unenforceable provisions
           
           1. If the courts of New South Wales, Australia rule that any provision of this TransformU Agreement is invalid or unenforceable, then that provision will be removed and the remaining provisions will continue to be valid and enforceable.
           2.