ONLINE COURSE TERMS AND CONDITIONS
The online courses available through The Jilly Academy (the “Courses”) are created and sold by The Jilly Academy Inc. (“The Jilly Academy”, “us”, “we”, “our”), an affiliate of Jillian Harris Design Inc. The Courses are available for purchase through the thejillyacademy.com website operated by us (the “Website”).
By purchasing a Jilly Academy Course, you agree to comply with and be legally bound by the following terms (the "Course Terms"). In addition, you agree to comply with and be legally bound by the following general Terms and Conditions (https://jillianharris.com/terms-of-use/) and Privacy Policy (https://jillianharris.com/privacy-policy/) set out on the jillianharris.com website, which are incorporated into these Course Terms and form part of your contract with The Jilly Academy.
1. Acceptance of Course Terms
Please read these Course Terms carefully before purchasing a Course from The Jilly Academy. If you purchase a Course, you will be deemed to have accepted these Course Terms.
2. Course Terms of Use Subject to Amendment
We may, at any time, for any reason, and without notice, make changes to: (a) our Courses, or (b) these Course Terms. Unless explicitly stated otherwise, any such changes or any new features or functionality we implement will take effect when posted to the Website and will be subject to these Course Terms, as amended from time to time. By purchasing a Course, you will be deemed to have accepted and agreed to be bound by any such changes.
3. Your Relationship with Us
From time to time, websites operated by our affiliates or related entities, including the jillianharris.com website, may include links to our Website. These links are included for convenience only. When you purchase a Course, you are entering into a contract with The Jilly Academy. You will have no relationship with any of our affiliates or related entities by reason of purchasing a Course and our affiliates or related entities will not be liable in any way, either directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, your purchase of a Course.
4. Cancellation and Refunds
Due to the digital nature of the Courses, we do not offer refunds or exchanges on any Course purchases made from The Jilly Academy.
5. Copyright
The Courses are protected by copyright under the copyright laws of Canada and international copyright laws and treaty provisions. Reproduction of the Courses, or any part of the Courses, is prohibited except with our written consent or in accordance with the law and we (subject to the rights of our licensors and licensees under applicable agreements, understandings, and arrangements) maintain all rights related to the Courses.
6. Licence
When you purchase a Course from The Jilly Academy, we grant you a limited, revocable, non-exclusive, non-transferable licence to use the Course you have purchased. By purchasing a Course, you do not gain ownership, nor can you claim the Course as your own.
Your purchase of a Course does not grant you a licence or entitle you to use any of our intellectual property, including the company’s name, logo, trademark, or service marks, nor does it entitle you to use the image or likeness of Jillian Harris or any members of the Jillian Harris team for the purpose of promoting or publicizing your brand.
7. Usage of Courses
The Courses are intended for personal use only and may not be used for any commercial or other business purposes. As the purchaser, you are free to apply the tools and techniques learned in the Courses for the purpose of developing your personal, professional, or business brand; however, the Courses may not be used for any purpose that is intended to generate revenue directly for you or your business
Your purchase of a Course does not entitle you to modify, share, resell, redistribute, or copy the Courses in any form.
8. Course Platform
The Courses are hosted and sold through an online course platform operated by Kajabi, LLC (“Kajabi”), a third-party service provider. In order to access the purchased Courses and certain features of the Website, you will need to register a profile on Kajabi. Creation of a profile and use of the Courses may be subject to the terms of use and privacy policy of Kajabi. We do not control and will not be responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within the Kajabi platform.
9. Software Requirements
Our Courses do not include the software needed to view them. Before purchasing a Course, please make sure you have an appropriate version of a web browser to view the Course. While we expect that our Courses will be accessible through most web browsers, we do not make any representations or guarantees that the Courses will be accessible with a particular web browser.
10. Storage and Backup of Files
You are responsible for the appropriate storage and backup of any purchased Course content, if applicable. We are not responsible for any lost files.
11. Professional Advice
The Courses are designed for individuals who have some working knowledge in the areas of marketing, finance, social media, and brand partnerships. We are not marketing, financial, tax, legal, or human resource advisors, nor do we provide advice of any kind in connection with our Courses. Any suggestions, recommendations, or other content included with our Courses are for general informational purposes only and are intended solely to communicate Jillian Harris’s personal experience in building her brand. You are solely responsible for seeking appropriate professional advice prior to making use of our Courses or acting on information given in our Courses.
12. Acknowledgment of Risk
You acknowledge that starting and building a business involves inherent risks including, among other things, financial risk. You are solely responsible for: (a) your financial decisions; (b) ensuring you have the knowledge and skills necessary to implement the material included in our Courses; and (c) following appropriate professional advice when implementing the material included in our Courses, notwithstanding the instructions included in our Courses. You further acknowledge that following the suggestions or recommendations in our Courses does not guarantee that you will achieve any specific results.
13. No Representations or Warranties
The information contained in our Courses is for general information purposes only. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, or suitability with respect to the Courses for any purposes.
Our Courses are made available to you on an “as is” basis and your use of the Courses, and any reliance you place on the Courses, is entirely at your own risk, for which we will not be liable. We expressly deny any and all warranties and representations, express or implied, regarding the Courses. For greater certainty, we do not represent nor warrant that the purchase of a Course will satisfy your purposes. It will be your own responsibility to ensure that the Course you purchase meets your specific requirements.
14. Limited Liability
Your use of the Courses is at your own risk. In no event will The Jilly Academy Inc., its legal affiliates, or any of their respective directors, officers, shareholders, employees, or agents, be liable for any losses or damages, financial or otherwise, including without limitation loss or damage arising from the loss of data, revenue, salary, profits, or reputation in connection with the use of our Courses. We take no responsibility for, and will not be liable for, any error or inaccuracies in our Courses. The limitations in this section apply notwithstanding the failure of the essential purpose of any limited remedy.
15. Changes to Website, Courses, or Fees
In connection with any purchase of Courses from our Website, we do not make any promise regarding the continuation of any current features or functionality or delivery of any future features or functionality. We have the right to change any of the features of the Courses. We also reserve the right to change any prices and initiate any new fees in connection with the Courses.
16. Indemnity
You agree to indemnify, defend, and hold harmless The Jilly Academy Inc., its legal affiliates, and their respective directors, officers, shareholders, employees, agents, licensors, and suppliers, from and against any and all claims, actions, demands, losses, expenses, damages, and costs, including reasonable lawyers’ fees, resulting from, or alleged to result from, your acts, omissions, access to or use of the Courses, your violation of these Course Terms, your breach of your representations and warranties hereunder, or your violation, or violation by any other user under your name, of any laws, including intellectual property laws, or other right of any entity or person in relation to your use of the Courses. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification, in our sole discretion. In such event, you will provide us with such cooperation as is reasonably requested by us.
17. Privacy
Certain information that we collect about you are subject to the Privacy Policy set out on the jillianharris.com website, the terms of which are incorporated into these Course Terms. Please visit the full Privacy Policy (https://jillianharris.com/privacy-policy/) for details. The Privacy Policy applies to the personal information collected and retained directly by us.
Creation of a profile and use of the Courses will also be subject to the privacy policy of Kajabi, which is a third-party service provider. We do not control and are not responsible for the privacy practices and policies of Kajabi. Please read Kajabi’s privacy policy (https://kajabi.com/policies/privacy) prior to providing your personal information in connection with the creation of a profile or the purchase of a Course.
18. Severability
The invalidity or unenforceability of any provision of these Course Terms will not affect the validity or enforceability of any other provision of these Course Terms and any such invalid or unenforceable provision will be deemed to be severable.
19. Waiver
No waiver of any breach of any provision of these Course Terms will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by the waiving party.
20. Assignment
We have the right to assign these Course Terms in relation to a merger, acquisition, corporate reorganization, by operation of law or otherwise.
21. Jurisdiction
The laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein govern these Course Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any claim, whether at law or equity, arising out of or related to the provision of services or materials by us, regardless of the date of accrual of such dispute, will be within the exclusive jurisdiction of the courts of British Columbia, Canada.
22. Contact
If you have any questions or concerns about these Course Terms, please contact us in writing at [email protected].
