Welcome to the website of Nirelle Bennett Business Coach (ABN 21 362 397 726) (“we”, “us” or “Nirelle Bennett”), a business coach who helps female business owners develop, refine, and enhance the skills and mindset they need to succeed.
This website is located on the web via the domain http://nirellebennett.coach and includes all of the files located in that domain (“this site”).
Legal capacity to transact
If you are under 18 years of age, you cannot place orders through this site. By using this site, you represent and warrant to Nirelle Bennett that you are over the age of 18 years. Should Nirelle Bennett suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Restrictions on use
Your use of this site is subject to the rules set out in Schedule 1 below.
Without limiting any other remedies available to Nirelle Bennett at law or in equity, Nirelle Bennett reserves the right to, without notice, temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:
- Nirelle Bennett is unable to verify or authenticate any information that you provide to us; or
- Nirelle Bennett believes that your actions may cause damage and/or legal liability to Nirelle Bennett, any of its customers or suppliers or any other person.
You indemnify and hold harmless Nirelle Bennett and her employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
- any material or information that you submit, post, transmit or otherwise make available through this site;
- your use of, or connection to, this site; or
Registration and account security
Requirement for registration
Nirelle Bennett reserves the right to make any parts of this site accessible only to users who have registered.
Username and password
Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. Nirelle Bennett will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Nirelle Bennett will be entitled to assume that any person using this site with your username and password is you or your authorised representative.
You must notify Nirelle Bennett immediately of any known or suspected unauthorised use of any password or any other breach of security.
- a valid email address;
- accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
- any other information that may be required by Nirelle Bennett during the registration process.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to Nirelle Bennett that all information provided to Nirelle Bennett by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
Multiple accounts and automated account opening
One person may not maintain more than one account with this site. Accounts registered by “bots” or other automated methods are not permitted.
Approval of registrations
Nirelle Bennett reserves the right to accept or reject any application for registration of an account with this site at its discretion.
Order constitutes offer
We will not commence processing any order made through this site unless and until:
- payment for the order has been received by us in full; and
- the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion to:
- at any time:
- refuse to provide services to you;
- terminate your access to this site; and/or
- remove or edit any content on this site.
Acceptance of orders
Acceptance of each order will take place if and when Nirelle Bennett either:
- provides the services to you, at the time at which Nirelle Bennett commences providing the services; or
- notifies you in writing that your order has been accepted, at the time at which such notification is sent by Nirelle Bennett.
Nirelle Bennett reserves the right to change the prices for services displayed in this site at any time before you place an order.
Payment for orders placed through this site may be made:
- by credit card processed online using the secure PayPal payment gateway;
- using a Stripe Payments account;
- using a PayPal account; or
- via direct bank deposit by electronic funds transfer (EFT).
PayPal and Stripe secure payment gateways
Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to PayPal or Stripe, other than information that is required in order to process your order and deliver your purchased items to you (e.g. your name, email address and billing address).
Credit and debit card payments
It is not necessary to have a PayPal or Stripe account in order to make a purchase on this site. PayPal and Stripe each accept all major credit and debit cards. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Nirelle Bennett does not charge additional transaction fees for paying by credit card.
Payment by EFT
You may request to pay for an order by direct deposit using EFT via email – firstname.lastname@example.org. On request, we will send you an email containing instructions for making the payment, or otherwise provide such information to you, including our bank account details and the reference number for your order. Please quote the reference number for the EFT transaction in order to avoid delays in processing your order.
Refunds and other remedies
While PayPal, Stripe and our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than Nirelle Bennett.
Nirelle Bennett may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as Nirelle Bennett considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.
- this site;
- the content of our coaching programs;
- all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
- all software, systems and other information owned or used by Nirelle Bennett in connection with the services offered through this site (whether hosted on the same server as this site or otherwise).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark, or other proprietary notices.
The look and feel of this site (including all button icons, scripts, custom graphics, and headers) are the trademarks, service marks and/or trade dress of Nirelle Bennett. These trademarks, service marks and trade dress may not be used, copied, or imitated, in whole or in part, without the prior written consent of Nirelle Bennett.
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIRELLE BENNETT AND HER EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an “as is” basis. To the maximum extent permitted by law, Nirelle Bennett and her employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
- the use of this site will be secure, timely, uninterrupted, or error-free or operate in combination with any other hardware, software, system, or data;
- this site will meet your requirements or expectations;
- anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
- the quality of any services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
- errors or defects will be corrected; or
- this site or the servers that make it available are free of viruses or other harmful components.
Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, Nirelle Bennett and her employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Nirelle Bennett’s sole discretion):
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- the singular includes the plural and vice-versa;
- a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body, or any other entity; and
- the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Governing law and jurisdiction
Schedule 1 – Prohibited conduct
YOU MUST NOT:
- use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer, or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve, or index any portion of this site;
- use this site by any automated means;
- use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
- access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfere with the display of any advertisements appearing on or in connection with this site;
- reverse engineer, decompile, disassemble, adapt, modify, translate, frame, or reformat any of the material contained on this site;
- reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
- falsely imply that any other website is associated with this site;
- do anything that leads, or may lead, to a decrease in the value of Nirelle Bennett’s intellectual property rights in this site;
- use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Nirelle Bennett without Nirelle Bennett’s prior written consent; or
- use this site to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically, or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful, or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance, or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements, or solicitations; or
- likely to bring Nirelle Bennett or any of its staff into disrepute.
We care about your privacy:
We will never rent, trade or sell your email address to anyone.
We will never publicly display your email address or other personal details that identify you.
The Australian Privacy Principles
We will treat all personal information in accordance with any and all obligations that are binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays down 13 key principles in relation to the collection and treatment of personal information, which are called the “Australian Privacy Principles”.
What is “personal information”?
Personal information held by Nirelle Bennett may include your:
- name and date of birth;
- residential and business postal addresses, telephone/mobile and email addresses;
- your business details;
- bank account and/or credit card details for agreed billing purposes;
- any information that you provided to us by you during your account creation process or added to your user profile;
- preferences and password for using this site and your computer and connection information; and
- any information that you otherwise share with us.
Information provided to PayPal or Stripe
All purchases that are made through this site are processed securely and externally by either PayPal or Stripe. Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to PayPal or Stripe, other than information that is required in order to process your order and deliver your purchased items to you (eg, your name, email address and billing address).
How we may collect your personal information
At this site, we only collect personal information that is necessary for us to conduct our business as a business coach who helps female business owners develop, refine and enhance the skills and mindset they need to succeed, which includes (without limitation) enabling users to:
- be guided by an experienced professional with a proven track record in sales, marketing, operations and business systems management and a demonstrated history of working in large corporates, SMEs and start-up environments;
- engage in a range of entrepreneurial programs where participants will learn business and marketing strategies that will transform how they show up in business; and
- participate in a personalised coaching program which will teach participants business and marketing strategies that will transform how you show up in business.
Information that you provide to us
We may collect personal information that you provide to us about yourself when you use this site, including (without limitation) when you:
- create a user account;
- add information to your user profile;
- purchase any services through this site;
- register for access to premium content or request certain premium features; or
- complete an online contact form to contact us;
- provide information to us by telephone or through marketing or competition application forms; or
- send us an email or other communication.
This site may also collect Internet Protocol (IP) addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. Nirelle Bennett collects and manages IP addresses as part of the service of providing internet session management and for security purposes. Nirelle Bennett may also collect and use web log, computer, and connection information for security purposes and to help prevent and detect any misuse of, or fraudulent activities involving this site.
This site uses “cookies” to help personalise your online experience. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the “Cookies” folder on your computer and remains in that folder after you close your browser and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer. Cookies cannot be used to run programs. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store personal information about you. Nirelle Bennett extends the same privacy protection to your personal information, whether gathered via cookies or from other sources.
You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.
- remember your preferences for using this site;
- manage the signup process when you create an account with us;
- recognise you as logged in while you remain so. This avoids your having to log in again every time you visit a new page;
- facilitate e-commerce transactions, to ensure that your order is remembered between pages during the checkout process;
- show relevant notifications to you (e.g. notifications that are relevant only to users who have, or have not, created an account or subscribed to newsletters or email or other subscription services); and
- remember details of data that you choose to submit to us (e.g. through online contact forms).
Many of these cookies are removed or cleared when you log out, but some may remain so that your preferences are remembered for future sessions.
In some cases, third parties may place cookies through this site. For example:
How we may use your personal information
Your personal information may be used in order to:
- verify your identity;
- assist you to place orders through this site;
- process any purchases of services that you may make through this site, including charging, billing, and collecting debts;
- make changes to your account;
- respond to any queries or feedback that you may have;
- conduct appropriate checks for credit-worthiness and for fraud;
- prevent and detect any misuse of, or fraudulent activities involving this site;
- conduct research and development in respect of our services;
- gain an understanding of your information and communication needs or obtain your feedback or views about our services in order for us to improve them; and/or
- maintain and develop our business systems and infrastructure, including testing and upgrading of these systems,
and for any other purpose reasonably considered necessary or desirable by Nirelle Bennett in relation to the operation of our business.
From time to time we may email our customers with news, information and offers relating to our own services or those of selected partners. Your personal information may also be collected so that Nirelle Bennett can promote and market products and services to you. This is to keep you informed of products, services, and special offers we believe you will find valuable and may continue after you cease acquiring products and services from us. If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request. You can unsubscribe from such communications at any time if you choose.
When we may disclose your personal information
In order to deliver the services, you require or for the purposes set out above, Nirelle Bennett may disclose your personal information to organisations outside Nirelle Bennett. Your personal information may be disclosed to these organisations only in relation to this site, and Nirelle Bennett takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. These organisations may carry out or provide:
- customer enquiries;
- mailing systems;
- billing and debt-recovery functions;
- information technology services;
- marketing, telemarketing, and sales services;
- market research; and
- website usage analysis.
In addition, we may disclose your personal information to:
- your authorised representatives or legal advisers (when requested by you to do so);
- credit-reporting and fraud-checking agencies;
- credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision and financing);
- our professional advisers, including our accountants, auditors, and lawyers;
- government and regulatory authorities and other organisations, as required or authorised by law;
- organisations who manage our business strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our business risk and funding functions; and
- the police or other appropriate persons where your communication suggests possible illegal activity or harm to others.
Contacting us about privacy
If you would like more information about the way we manage personal information that we hold about you or are concerned that we may have breached your privacy, please contact us by email or by post.
Access to your personal information
In most cases, you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the Australian Privacy Principles. All requests for access to your personal information must be directed to the Privacy Officer by email or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information that is not currently in use, may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.
In some cases, we may refuse to give you access to personal information that we hold about you. This may include circumstances where giving you access would:
- be unlawful (e.g. where a record that contains personal information about you is subject to a claim for legal professional privilege by one of our contractual counterparties);
- have an unreasonable impact on another person’s privacy; or
- prejudice an investigation of unlawful activity.
We may also refuse access where the personal information relates to existing or anticipated legal proceedings, and the information would not be accessible by the process of discovery in those proceedings.
If we refuse to give you access, we will provide you with reasons for our refusal.
Correcting your personal information
We will amend any personal information about you that is held by us and that is inaccurate, incomplete, or out of date if you request us to do so. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information that is held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.
Storage and security of your personal information
We are committed to maintaining the confidentiality of the information that you provide us, and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration. In our business, personal information may be stored both electronically (on our computer systems and with our website hosting provider) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all of our electronic information. Likewise, we take all reasonable measures to ensure the security of hard-copy information.
Redirection to PayPal or Stripe
In particular, when you submit an order to us, you may be automatically redirected to PayPal or Stripe in order to complete the required payment. The payment pages provided by PayPal and Stripe are not part of this site. As noted above, we are not privy to any of the bank account, credit card or other personal information that you may provide to PayPal or Stripe, other than information that is required in order to process your order and deliver your purchased items to you (e.g. your name, email address and billing address). We recommend that you refer to the privacy statement of PayPal or Stripe (as applicable) if you would like more information about how PayPal and Stripe collect and handle your personal information.
You can set preferences for how Google advertises to you using the Google Ads Settings page (https://www.google.com/settings/ads). Facebook has enabled an AdChoices link that enables you to opt-out of targeted advertising.
Nirelle Bennett welcomes the General Data Protection Regulation (“GDPR”) of the European Union (“EU”) as an important step forward in streamlining data protection globally. We intend to comply with the data handling regime laid out in the GDPR in respect of any personal information of data subjects in the EU that we may obtain.
The requirements of the GDRP are broadly similar to those set out in the Privacy Act and include the following rights:
- you are entitled to request details of the information that we hold about you and how we process it. For EU residents, we will provide this information for no fee;
- you may also have a right to:
- have that information rectified or deleted;
- restrict our processing of that information;
- stop unauthorised transfers of your personal information to a third party;
- in some circumstances, have that information transferred to another organisation; and
- lodge a complaint in relation to our processing of your personal information with a local supervisory authority; and
- where we rely upon your consent as our legal basis for collecting and processing your data, you may withdraw that consent at any time.
If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations. However, please be aware that:
- such objection or withdrawal of consent could mean that we are unable to provide our services to you, and could unduly prevent us from legitimately providing our services to other customers/clients subject to appropriate confidentiality protections; and
- even after you have chosen to withdraw your consent, we may be able to continue to keep and process your personal information to the extent required or otherwise permitted by law, in particular:
- to pursue our legitimate interests in a way that might reasonably be expected as part of running our business and which does not materially impact on your rights, freedoms, or interests; and
- in exercising and defending our legal rights and meeting our legal and regulatory obligations.
Storage and processing by third parties
Data that we collect about you may be stored or otherwise processed by third party services with data centres based outside the EU, such as Google Analytics, Microsoft Azure, Amazon Web Services, Apple, etc and online relationship management tools. We consider that the collection and such processing of this information is necessary to pursue our legitimate interests in a way that might reasonably be expected (e.g. to analyse how our customers/clients use our services, develop our services and grow our business) and which does not materially impact your rights, freedom or interests.
Nirelle Bennett requires that all third parties that act as “data processors” for us provide sufficient guarantees and implement appropriate technical and organisational measures to secure your data, only process personal data for specified purposes and have committed themselves to confidentiality.
Duration of retention of your data
We will only keep your data for as long as is necessary for the purpose for which it was collected, subject to satisfying any legal, accounting or reporting requirements. At the end of any retention period, your data will either be deleted completely or anonymised (for example, by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning). In some circumstances, you can ask us to delete your data.
Keeping your information up-to-date
To ensure that your personal information is accurate and up to date, please promptly advise us of any changes to your information by contacting our data protection officer at email@example.com.
If you require any further information about the Privacy Act and the Australian Privacy Principles, you can visit the Federal Privacy Commissioner’s website (see www.privacy.gov.au).