Disclaimer
No Professional Advice
The information contained in our sites (including but not limited to information contained on videos, message boards, comments, on coaching calls, in emails, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters.
In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention.
We make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites.
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, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
No Warranties
This website is provided “as is” without any representations or warranties, express or implied. This website makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, this website does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.
Limitations Of Liability
This website will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
This website, the owner and our staff neither purport, nor intend to give any accounting, legal, taxation or investment advice. It is recommended that you seek professional advice from an independent, licensed, qualified investment adviser, accountant or legal practitioner prior to implementing any investment programme or financial plan. In no way is it the intention of this website, the owner or our staff to encourage users of this website or our educational materials to evade tax or any lawful responsibility they may have.
These limitations of liability apply even if this website has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any:
death or personal injury caused by this website’s negligence;
fraud or fraudulent misrepresentation on the part of this website; or
matter which it would be illegal or unlawful for this website to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other Parties
You agree that you will not bring any claim personally against this website’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect this website’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as this website.
Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, invalid or unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
THE SECTIONS BELOW TITLED “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER AND ONLY ALLOWS YOU TO BRING ACTION OR MAKE A COMPLAINT AS AN INDIVIDUAL. THEY AFFECT YOUR LEGAL RIGHTS WITHIN REASON. PLEASE READ THEM.
In using this website you are deemed to have read and agreed to the following Terms of Use:
COMMUNITY
This community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
You will not upload, post, email, transmit, or otherwise make available any content that:
infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
is defamatory, libellous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity;
You will not “stalk,” threaten, or otherwise harass another person;
You will not spam or use the Websites to engage in any commercial activities;
If you post any Registered User Content, you will stay on topic;
You will not access or use the Websites to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.
Terminology
The following terminology applies to these Terms of Use, Privacy Policy and Disclaimer, Copyright Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting this website’s Terms of Use. “Our Business”, “Ourselves”, “We” and “Us”, refers to this website. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the this website’s stated services/products, in accordance with and subject to, prevailing Australian Law in the Jurisdiction of the State of Queensland. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
PRIVACY STATEMENT
We are committed to protecting your privacy. Authorised employees within the this website on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible. Refer to Privacy Policy.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this website will only be in connection with the provision of agreed services and products.
LOG FILES
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this website on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
COOKIES
Like most interactive web sites this website may use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
LINKS TO THIS WEBSITE
You may create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
LINKS FROM THIS WEBSITE
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites is not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This website will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
COPYRIGHT NOTICE
Copyright and other relevant intellectual property rights exist on the full content of this website. Refer to the Copyright Notice.
COMMUNICATION
We may several different e-mail addresses for different queries. These & other contact information can be found on our Contact Us link on our website. This website address is on the Contact Us page
FORCE MAJEURE
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or human made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the Terms of Use of any Agreement contained herein.
WAIVER
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
GENERAL
The laws of Australia in the Jurisdiction of the State of Queensland govern these Terms of Use. By accessing this website and using our services and buying our products you consent to these Terms of Use and to the exclusive jurisdiction of the State of Queensland Australian Courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of this website to enforce any of the provisions set out in these Terms of Use and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Use or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms of Use shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of this website.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilise class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you will only bring complaints in an individual capacity and not joined with another in class action.
CHANGES
This website reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. You are therefore advised to re-read this statement, the Privacy Policy, Disclaimer and Copyright Notice on a regular basis.
These Terms of Use form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Privacy Policy, Disclaimer, Copyright Notice and the full Terms of Use contained herein. Your statutory Consumer Rights are unaffected.
Privacy Policy
Last Updated July 2021
Bernice Faith Allan and “Faith is My Middle Name” (“Bernice Allan,” “we,” “us,” or “our”) (ABN 28 967 857 935) have created this “privacy policy” because we want you to know how information you provide to us is used or shared with us.
This Privacy Policy applies to our information collection and use practices:
(i) online when you visit any of our websites, including, without limitation faithismymiddlename.com, bernicefaithallan.com the “Websites”); and
(ii) offline when you provide information to us via coaching, consulting or other services. Capitalized terms not defined in this Privacy Policy shall be defined in our Terms of Service.
ACCEPTANCE OF TERMS
By visiting any of our Websites, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Service, both of which govern your use of the Websites.
By providing us information offline, you are also agreeing to the terms of this Privacy Policy.
THE INFORMATION WE COLLECT
We collect the below information to help give you the best experience possible. This may include things such as:
administer this website;
personalise the website for you;
enable your access to and use of the website services;
publish information about you on the website;
send to you products that you purchase;
supply to you services that you purchase;
send you statements and invoices;
collect payments from you; and
send you marketing communications.
1. PERSONAL INFORMATION.
When you sign up to receive any of our emails, respond to a form, register for a class, or purchase any product or service, you may be required to provide us with personal information about yourself, such as:
your name,
address,
email address,
phone number
We do not collect any personal information from Visitors when they use the Websites unless they provide such information voluntarily, such as by registering or sending us an email or signing up for a newsletter. All information we collect and/or receive under this section is collectively called “Personal Information.”
2. ORDER INFORMATION.
When you place an Order online or offline, you must provide us with certain information about the products and services you are seeking to purchase. Such information is collectively called “Order Information”
An example of when we use this information is to deliver products and services.
3. BILLING INFORMATION.
When you wish to purchase a product or service, you will be required to provide certain information in addition to the Personal Information and Order Information noted above.
Such information may include a debit card number, credit card number, expiration date, billing address, activation codes, and similar information. Such information is collectively called the “Billing Information.” Although we will have access to the Billing Information, it will also be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use.
4. OTHER INFORMATION
In addition to the information noted above, we may collect additional information (collectively, the “Other Information”). Such Other Information may include:
1. From You. Additional information about yourself that you voluntarily provide to us (e.g., via a survey), such as household income range, gender, product and service preferences, and other information that does not identify you personally.
2. From Your Activity. Information that we automatically collect when you use the Websites, including, without limitation:
IP addresses, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device; browser type and language; referring and exit pages and URLs; date and time; amount of time spent on particular pages; what sections of the Websites you visit; and similar data; and
Information about your device, including the type of device; universally unique ID (“UUID”); advertising identifier (“IDFA”); MAC address; operating system and version (e.g., iOS, Android or Windows); carrier and country location; hardware and processor information (e.g., storage, chip speed, camera resolution, NFC enabled); network type (WiFi, 3G, 4G, LTE); and similar data.
3. From Cookies Information that we collect using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Websites. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Websites may not function optimally.
4. Third-Party Analytics We use third-party analytics services (such as Google Analytics) to evaluate your use of the Websites, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Websites and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the Websites, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics.
Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Websites.
5. From Other Sources We also may collect or receive information from third parties, such as Facebook and/or other third-party social media sites.
INFORMATION COLLECTED BY OR THROUGH THIRD-PARTY ADVERTISING COMPANIES
We may share Other Information about your activity on the Websites with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimising advertising you see on the Websites and elsewhere.
These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes.
Pixel tags enable us, and these third-party advertisers, to recognise a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site.
ACCESSING AND MODIFYING PERSONAL INFORMATION AND COMMUNICATION PREFERENCES
If you have registered for the Websites, you may access, review, and make changes to your Personal Information, Billing Information, and certain Other Information by following the instructions found on the Websites. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Bernice Faith Allan marketing email.
Customers cannot opt out of receiving transactional emails related to their account or their Orders.
You can opt out of email newsletter correspondence and promotions by clicking the bottom of any email matching these two categories and unsubscribing.
We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.
HOW WE USE AND SHARE THE INFORMATION
We use the Personal Information, the Order Information, the Billing Information, and the Other Information (collectively, the “Information”) to provide our services; to process Orders; to administer our rewards and promotional programs; to maintain and improve our Websites and services to you; to solicit your feedback; and to inform you about our products and services and those of our third-party marketing partners.
We may also use and/or share Information as described below.
Bernice Faith AllanPty. Ltd. will access, use, and share the Information as required to process your Orders and provide support to you.
We may employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, Order fulfillment, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
In order to provide our services and administer our rewards and promotional programs, we may share the Information (excluding the Billing Information) with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs.
With your permission, third-party applications or services may access your Personal Information such as Facebook and Twitter (e.g., when you agree to a pop-up requesting you to allow another application to access your account information).
In an ongoing effort to better understand our Visitors, customers, and our products and services, we may analyse the Order Information and Other Information in aggregate form in order to operate, maintain, manage, and improve the Websites and/or our products and services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes.
We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganisation, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets. You will be notified in advance if this ever occurs.
To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Bernice Faith AllanPty. Ltd. or others.
INFORMATION YOU SHARE
Please keep in mind that whenever you voluntarily make your Personal Information available to third parties – for example on message boards or web logs; through email; during webinars, classes, telephone conferences, or coaching calls; or in comment or chat areas – that information can be seen, collected, heard, and/or used by others besides us. We cannot be responsible for any unauthorised third-party use of such information.
HOW WE PROTECT THE INFORMATION
We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Websites may not be secure, and you should therefore take special care in deciding what information you send to us via email.
CROSS-BORDER DATA TRANSFERRAL
It is important to note that the Websites and their servers are operated in the United States, while our coaching and consulting services are based in Australia. If you are located outside of the United States, please be aware that any Information you provide to us will be transferred to the United States. By using the Websites and by providing us Information when using our services, you hereby irrevocably consent to this transfer and our use of the Information and data provided by you in accordance with this Privacy Policy.
CHILDREN
You must have parental permission if you are under the age of consent in your region to purchase any products or services.
For those under the age of 13, we do not knowingly collect Personal Information from children under the age of 13 through the Websites. If you are under 13, please do not give us any Personal Information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information through the Websites without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us, and we will endeavour to delete that information from our databases.
CALIFORNIA RESIDENTS
Bernice Faith Allan Pty. Ltd. does not monitor, recognise, or honour any behavioural advertising opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
EXTERNAL WEBSITES
The Websites may contain links to third-party websites. We have no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third party privacy policy and terms of use when visiting any other websites.
CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. By accessing the Websites and/or using our services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.
HOW TO CONTACT US
If you have questions about this Privacy Policy, please contact us via email at bernice@faithismymiddlename.com with “Privacy Policy” in the subject line.
REFUND POLICY
In terms of legal obligations, the following cancellation and transfer policies will be enforced and your cooperation is greatly appreciated.
Transfer & Cancellation Policy
This Refund Policy (“Policy”) applies to all purchases on this website
General
(a) We only offer refunds in accordance with the Australian Consumer Law and on the terms set out in this Refund Policy (“Policy”)
(b) Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law
(c) Before making a purchase, please read this Policy so that you can understand your rights and what you can expect from us if you are not satisfied
Cancellation and Change of Mind
(a) We do not offer any refund if you change your mind, or find the same service cheaper elsewhere
Exceptions
Notwithstanding the other provisions of this Policy, we may refuse to provide a refund if
(i) You did not follow the instructions or processes
(ii) You were aware of a problem before the service was started
(iii) You asked for a service to be done in a certain manner, or asked for certain adjustments because you were unclear on what you wanted
(iv) Any other exceptions that apply under the Australian Consumer Law
You understand that you have 72 hours to cancel this agreement and have 100% of your investment refunded. Thereafter, you understand there are no refunds given after 72 hours from the date of the signed payment agreement.
You understand if you are on a payment plan, you are liable to honour the payments of the payment plan for which you have agreed to. You understand the fee you have paid and the total fee for any program is not transferable to another course or program. You understand if you resign early from the program within the repayment period, you are liable to pay the program or product amount in full for the value of the intellectual property you have received access to.You understand if you am on a payment plan with a third party organisation I agree to honour my repayments to the third party organisation.
If you wish to speak to us about this Policy or about any refund, please contact us at bernice@faithismymiddlename