Terms & Conditions

Our Terms & Conditions

Podia Terms

Jordana Borensztajn

Terms and Conditions

1 Background

In these terms and conditions (“Terms”), the words “we”, “our” and “us” refers to Jordana Borensztajn (and includes her agents and affiliates) (“Course Educator”). “You” and “your” means the person reading these Terms or such other terms or policies adopted in accordance with these Terms.

These Terms govern your use of the Course Educator’s Sites, your participation in any Courses run by the Course Educator and your access to the Course Materials.

By accessing our Sites or signing up for any Courses, you agree to be legally bound by these Terms. If you do not accept these Terms, you are not permitted to use our Sites, sign up for any Courses or access any Course Materials.

2 Definitions

Unless expressly provided otherwise, in these Terms:

“Content” means any content or materials on the Sites including (but not limited to) still or moving images, videos, sound recordings or other audiovisual materials, artistic works, written works and personal information provided or otherwise created by the Course Educator.

“Courses” means the programs, courses and other services and written content made available to you or the public by the Course Educator from time to time on the Sites including any of the courses made available via Podia, relating to public speaking, coaching and/or speechwriting.

“Course Materials” means all content and/or materials provided by the Course Educator in connection with the Courses including, without limitation, all still or moving images, videos, sound recordings or other audiovisual materials, artistic works, written works or documents made available for download.

“Fee” means any fee that may be charged by the Course Educator for any Course or an element (including without limitation a Paid Element) of a Course (such as specific Course Materials) from time to time, whether paid as a one-off fee or in instalments (if applicable).

“Intellectual Property Rights” means copyright, all rights conferred under statute, common law or equity in relation to inventions (including patents), registered and unregistered trade marks, registered and unregistered designs, look and feel, trade secrets, circuit layouts and all other rights resulting from intellectual activity in, but not limited to, the industrial, scientific, literary or artistic fields and includes moral rights.

“Loss” has the meaning given to that term in clause 4.3.

“Paid Elements” means any element of a Course, such as additional Course Materials or Sessions after an initial free Session, that may be made available to you for a Fee.

“Payment Method” means the method by which you elect to pay for any of the Courses.

“Podia” means the website and related links made available via https://jordanaborensztajn.podia.com/

“Privacy Policy” means the privacy policy of the Course Educator (as amended from time to time), the current version of which can be accessed at the following link: https://jordanab.com.au/privacy-policy/

“Promotions” has the meaning given to that term in clause 6.

“Session” means a class or scheduled meeting that is run as part of or all of a Course.

“Sites” means Podia and any other online platforms used by the Course Educator to offer Courses, including any version of the Sites (including any “app” or similar version) that is able to be viewed or accessed on any type of device, including but not limited to tablet devices.

“Social Media” means the Course Educator’s pages and accounts on third-party social media platforms such as Instagram, LinkedIn or Facebook.

“Terms” means these terms and conditions of the Courses (as amended from time to time).

3 Courses

3.1 Offer of Courses

(a) Courses will be made available from time to time on the Sites and via the Course Educator’s Social Media.

(b) If you would like to register for a Course you will need to provide your contact details to register for the Course and may be required to sign up for an account on the relevant Site.

(c) If the Course you would like to register for includes custom services or one-on-one coaching you may be required to enter into a separate agreement with the Course Educator before you can access the Course. These Terms will apply in addition to that agreement, subject to clause 17.1(a) of these Terms.

(d) If the Course you would like to register for is not a free course, you will be required to pay the Fee before you are granted access to the Course and the Course Materials.

3.2 Participation in any Course

Your participation in any Course or any activities, exercises or discussions during, or as a result of, a Session is strictly voluntary and you are solely responsible for your own well-being and assume all risks arising from such participation, including without limitation any potential emotional or psychological distress you may experience.

3.3 Age restrictions for accessing Courses

If you are accessing any Courses through any Site, you must be at least 16.

3.4 Change to Sessions without notice

(a) When you sign up for a Course or Session, you may request a date and time through the relevant Site or directly through the Course Educator. The date and time is not guaranteed until you receive a confirmation from the Course Educator.

(b) The Course Educator reserves all rights to and may discontinue a Course at any time in her absolute discretion without prior notice.

(c) If a Course includes Sessions, the Course Educator reserves the right to discontinue, extend or reschedule a Session at any time in her absolute discretion without prior notice. However, the Course Educator will use reasonable endeavours to notify you if a Session is cancelled, discontinued or rescheduled.

(d) If the Course Educator has discontinued a Course on any of the Sites after you have paid the associated Fee but before you have accessed any of the Course Materials or if the Course you have enrolled in is cancelled before you can complete it on the Site, please contact the Course Educator to request a refund. Any refund will be at the Course Educator’s sole discretion.

3.5 Qualifications of the Course Educator

You acknowledge and agree that the Course Educator is not a registered psychologist or professional counsellor, financial planner, adviser, accountant, medical practitioner or legal advisor.

3.6 Results from any Courses

Although we may publish testimonials from our clients on our Sites from time to time, each experience and Course is different, and we make no guarantee regarding the outcome or results that will occur as a result of partaking in any of our Courses.

4 Use of the Course Materials

4.1 Access to Course Materials

Unless otherwise specified, you will be provided with access to Course Materials once you have enrolled in a Course and paid the Fee (as applicable). If any Course Materials are Paid Elements, you will be required to pay a Fee before you are given access to those Course Materials.

4.2 Licence to use Course Materials

The Course Educator grants you a non-exclusive, revocable, royalty free licence to use and download (if applicable) the Course Materials in connection with the Course you have enrolled in. This grant of licence is not a transfer of title of any Intellectual Property Rights in the Course Materials and under this licence you may not:

(a) modify or copy the Course Materials;

(b) use the Course Materials for any commercial purpose, or for any public display (commercial or non-commercial);

(d) remove any copyright or other proprietary notations from the Course Materials; or

(e) transfer the Course Materials to another person or ‘mirror’ the materials on any other server.

The license granted to you in relation to the Course Materials shall automatically terminate if you violate any of these restrictions set out in these Terms and may be terminated by the Course Educator at any time. Upon termination of the licence, you will no longer be able to view the Course Materials and you must destroy any downloaded materials in your possession whether in electronic or printed format.

4.3 Reliance on the Course Materials

Any inaction or action you take in reliance on the Course Materials is strictly at your own risk. To the fullest extent permitted by law, the Course Educator does not assume or accept any responsibility or liability and you irrevocably release and discharge the Course Educator from any loss, liability, claim, damage, costs, complaint, demand, action, proceeding, judgment, expense, liability or obligation whether present, future or contingent, and whether in respect of direct, indirect or consequential loss or damage, or loss or damage arising from negligence, or opportunity cost (“Loss”) suffered or incurred by you arising from or in connection with the information, including but not limited to any suffered or incurred as a consequence of:

(a) any misrepresentations, misstatements, errors or omissions in the information;

(b) your access or use of, or inability to access or use, the Course Material, a Session or any Courses and any direct or indirect consequences;

(d) any changes in law from time to time;

(e) any breach in the security of confidential or personal information or data held, stored or maintained in connection with the Course Materials or the Course, including any unlawful release, sharing or use of such information; and

(f) the quality or speed of streaming and functioning of any audio-visual technology used in connection with a Session,

and, to the fullest extent of the law, you irrevocably release and discharge the Course Educator from any Loss suffered or incurred by you, including without limitation, arising from or in connection with any of the above.

4.4 Disclaimer

You acknowledge and agree that all Course Materials provided by the Course Educator:

(a) are provided on an ‘as is’ basis;

(b) are for general information purposes or illustrative only;

(c) are not intended to be taken as (or be in substitution for obtaining) independent professional legal, business, financial, marketing, medical or other professional advice;

(d) are based on the personal experiences of the Course Educator as a keynote speaker, social media trainer, consultant, coach and educator (and of those the Course Educator has learnt from) or is intended to be purely illustrative and you may have to modify or adapt the Content and what you learn during any of the Courses, do further research or seek professional advice to suit your individual personal and financial situation; and

(e) should be used for personal use and should not be used for commercial purposes or for public display.

The Course Educator makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of Intellectual Property Rights or other violation of rights in relation to the Course Materials. The Course Educator also makes no warranty or representations concerning the accuracy, likely results, or reliability of the use of the Course Materials or otherwise relating to such materials or on any websites linked to the Sites.

5 Payment terms

5.1 Registering for a Course

Courses and Paid Elements will be available to purchase on the Sites from time to time.

To purchase a Course or Paid Element of a Course on any of the Sites, you must select the Course or Paid Element and pay the applicable Fee as set out on the checkout page of the Site. For some Courses, you may be required to use an applicable discount code that will be displayed on the Site.

If you register for a paid Course or request Paid Elements, you:

(a) agree to pay the price of the Course or Paid Element described to you on the checkout page of the Site at the time of purchase;

(b) warrant to us that all information provided by you in relation to your registration is accurate, complete and current; and

(c) warrant to us that the Courses or Paid Elements the subject of your order are intended for personal or domestic use and are not intended for commercial use.

Once you have paid the Fee via the checkout page of the Site, you will receive an email acknowledgement confirming receipt of your order and you will receive access to the Course or Paid Element (if available online).

If the Course includes one-on-one coaching or services that are to be provided by the Course Educator, the Course Educator reserves the right not to accept your request for services and will contact you if they are unable to provide the Course. If the Course Educator is unable to provide the Course and cancels your order under these Terms, all monies you have paid will be refunded to you.

5.2 Fees

Unless otherwise specified, a Fee will be payable at the time of signing up for any Course. The Fee is listed on the Site that the Course is provided on and is subject to change. Unless otherwise specified, the Fee is in Australian Dollars and is exclusive of GST and other applicable Australian taxes.

5.3 Cancellation and refunds

The Course Educator is not required to provide a refund if you change your mind about the Course you have selected to enrol in. You acknowledge that all sales of any Courses are final and non-refundable unless otherwise provided.

6 Promotions

6.1 General promotions

We may, from time to time, provide promotional discounts, benefits, coupon codes or free trials (“Promotions”) in relation to any of the Courses provided by us in our sole and absolute discretion.

We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotion in our sole and absolute discretion. The Promotions do not apply retrospectively.

Promotions may be an offer to vary the price or the terms of supply of any of our Courses. Some Promotions may also be offered for a limited period of time, which may be specified on a Site, on Social Media, or in a direct message to you about our Courses if you have signed up to receive direct marketing messages from us.

Promotions may be subject to additional terms and conditions published on the Sites which prevail to the extent of any inconsistency with these Terms.

6.2 Masterclass promotions

The Course Educator may offer free promotional masterclasses from time to time (Masterclass) which may include a Promotion such as a coupon code to sign up to another Course for a reduced fee once it is completed.

The Course Educator will notify you of any Masterclasses being offered from time to time either through general advertising, on Social Media or by specifically advising you if you have agreed to receive direct marketing messages from the Course Educator. To access a Masterclass, you will be required to provide your contact details and register for the Masterclass.

You will only be able to access the relevant Promotion once you have completed the Masterclass and/or by using the coupon code provided to you upon signing up to the Masterclass. The coupon code will be available for a strictly limited time after the date you begin the Masterclass.

The Course Educator reserves the right to cancel or cease offering any Promotion or Masterclass at any time in her sole discretion.

7 Custom Courses

If you contact the Course Educator to request custom Courses or services, the Course Educator will work with you to create a program which addresses the outcomes you wish to achieve. All custom Courses will attract a Fee and will be invoiced on a case-by-case basis.

If the scope of your custom Course or the services you have requested change, the Course Educator reserves the right to amend the Fee accordingly to reflect the change to the services provided in connection with the updated Course program.

8 Rights under Australian Law

Australian law, including the Australian Consumer Law, provides you with certain rights in respect of our Services that cannot be excluded by these Terms, including that the Courses will be rendered with due care and skill.

Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy imposed or implied by law, including the Australian Consumer Law, which cannot by law be excluded, restricted or modified.

10 Intellectual Property Rights

10.1 Our rights in relation to Intellectual Property

The Course Educator is the sole owner of all Intellectual Property Rights in all Content (including the Course Materials but excluding any work created exclusively for you and your benefit during a Session) and, except as expressly permitted under the Copyright Act 1968 (Cth) or other applicable laws, none of the Course Materials provided to you or any part of the Course Materials may be altered in any way, reproduced, adapted, transmitted or distributed to a third party without the written consent of the Course Educator.

To the extent that you upload content to any of the Course Educator’s Site, including any testimonials, reviews or comments, you:

(a) grant the Course Educator a non-exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish that content and to sub-licence the same for such purposes in connection with the provision of the Courses as the Course Educator considers necessary from time to time;

(b) grant us the right to use your name and other information that you provide in connection with that content (subject to our Privacy Policy); and

(c) warrant that you have all necessary rights and consents in the content that you contribute and that the content does not in any way breach these Terms.

You also consent for the benefit of the Course Educator to all or any acts or omissions that would ordinarily constitute an infringement of your moral rights in relation to all intellectual property that you may create or generate in the course of, or arising from, the Session or arising from your use of the content. Moral Rights has the meaning given to it in the Copyright Act 1968 (Cth) and includes:

(d) a right of attribution of authorship;

(a) a right not to have authorship falsely attributed; and

(b) a right of integrity of authorship;

10.2 Your obligations in relation to Intellectual Property Rights

You must not record by audio, video, photography, or by any other means, any part of a Session without the prior written permission of the Course Educator and any unauthorised recordings will become the sole and absolute property of us automatically upon its creation.

You must, on request by us, immediately return to the Course Educator or destroy all copies of the Course Materials or recordings made by you (or any part thereof).

11 Links

The Sites may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

Our inclusion of linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any materials, products or services referred to or contained on those linked websites, unless and to the extent expressly stipulated to the contrary.

12 Privacy, Security of Information and data and system integrity

We will take all reasonable steps to ensure the security of our Sites. Our policy on the collection, use and disclosure of your personal information is set out in our Privacy Policy which can be accessed here https://jordanab.com.au/privacy-policy/

13 Indemnity

To the fullest extent permitted by law, the Course Educator disclaims and excludes all representations, guarantees and warranties, whether express or implied in fact or by law in relation to the Courses and Course Materials, including but not limited to:

(d) the completeness, reliability, usefulness, currency or accuracy of the Content or a Course;

(e) the suitability of the Content or a Course for your personal, professional or financial circumstances;

(f) the results, outcomes or consequences arising from your use of the Content or participation in a Course;

(g) the quality or speed of streaming and functioning of any audio-visual technology used in connection with a Course; and

(h) the reasonableness of any assumption contained in the Content.

You agree to indemnify and hold harmless the Course Educator for any Loss that the Course Educator may suffer or incur as a result of your use or misuse of the Content or participation in a Course, by breach of these Terms, or by infringement by you of a third party’s Intellectual Property Rights.

14 Limitation of liability

To the maximum extent permitted at law, you acknowledge and agree that the Course Educator will not be liable to any person for, and you forever release and discharge us from any claims that you have now or may have against us, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or for any Loss, whether caused by a participant in a Course or by us.

In the event of a breach by us of a condition, warranty or obligation under these Terms, to the maximum extent permitted by law, our liability for such breach is limited to:

(a) reimbursement of any charges deducted in error; or

(b) refund of Fee paid in connection with any Courses or Paid Elements,

as determined by us in our discretion.

15 Warnings and lawful use

15.1 Lawful use of the Sites and access to any Courses

The Sites and any Courses made available by the Course Educator must be used for a lawful purpose only. No Content shall be communicated via the Sites or to us directly which violates our rights or that is threatening, abusive, defamatory or would violate any law or give rise to civil liability.

15.2 Other laws or policies that may prohibit access

You must ensure that your access to any of the Sites is not illegal or prohibited by laws or policies (such as employers’ usage policies) that apply to you.

You must take your own precautions to ensure that the process that you employ for accessing the Sites does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility or liability for any interference or damage to your own computer which arises in connection with your use of the Sites or any linked websites or services and which is not attributable to us.

16 Termination and prohibition of access

If we form the view there is a breach or threatened breach of these Terms by you, we reserve the right to suspend or terminate your access to the Courses or our Sites without notice. To the maximum extent permitted at law, these Terms survive such suspension or termination.

We reserve the right to ban any person from accessing the Courses or our Sites on the basis of past or threatened breaches of these Terms.

17 General

17.1 Inconsistency

(a) If these Terms conflict with any other agreement you have entered into with the Course Educator in relation to a Course, that agreement will prevail to the extent of the inconsistency.

(b) Unless otherwise provided in these Terms, to the extent that these Terms conflict with any other Site terms and conditions, documents, agreements or arrangements other than as set out in clause (a) above, the Site terms and conditions, documents, agreements or arrangements prevail to the extent of the inconsistency.

17.2 Severability

Any provision of these Terms which is void or unenforceable may be severed from these Terms without affecting the enforceability of other provisions.

17.3 Headings

All headings are used for convenience only and will not affect the construction of these Terms.

17.4 Waiver

Any failure or delay by us to enforce or exercise a power or right or provisions of these Terms will not constitute a waiver of those rights or provisions, and the exercise of a power or right by us does not preclude our ability to exercise that or any other power or right in the future. All rights not expressly granted are reserved.

17.5 Amendment

We reserve the right at our reasonable discretion to revise these Terms at any time. You should review these Terms periodically via this link: https://jordanab.com.au/terms-conditions/. However, if you have enrolled in a Course, we will notify you by email to the email address linked to your account when amendments are made to these Terms. Amendments will be effective immediately upon upload to the Sites. If you access our Courses, Course Materials or Sites after the date that any changes are made, you agree to comply with the changes made to the Terms.

17.6 Governing Law

These Terms are governed by, and must be construed according to, the law in force in the State of Victoria, Australia. The Courts in that State will have the exclusive jurisdiction to determine disputes in relation to these Terms or any other matter concerning the operation of the Courses.

18 Effective Date

These Terms are effective on and from 30 October 2023.