Milly Bannister ABN 29 284 642 784 Trading As GRLKND of Suite 62 Orana Esplanade, Victoria Pt, QLD 4165 (“GRLKND” “Milly Bannister”, “us”, “we”, “our”),complies with the Privacy Act 1988 (Cth) (“Privacy Act”) and the applicable Privacy Principles in the Information Privacy Act 2009 (QLD) and the applicable Health Privacy Principles in the HRIP Act when handling personal information which is health information.
We take the protection of your personal information seriously. Personal information includes any information or opinion, whether true or not, about a person who is identified or whose identity can reasonably be established.
We collect personal information for the purposes of delivering our products and services. We may collect information through the GRLKND Website located http://www.grlknd.com (“Website”) or in the course of providing our Services in person, verbally and/or in writing from time-to-time.
We collect personal information:
from our customers – when they register as a member
when we receive enquiries through the Website or when the Website is otherwise accessed or used;
when we receive enquiries via email; and
from third party service providers – when they are engaged to supply Services to us (such as professional services), provide information to us or invoice us for the provision of services.
The kind of personal information we may collect will depend on who you are (e.g. a client or third party service provider) and the nature of your interaction with us, and may include your full name, email address, postal or residential address, age, and any medical conditions, personal concerns, billing information and other personal information. Some personal information we collect may include health information. We collect health information from customers for the purposes of providing personalised advice. This enables us to safely, appropriately and accurately provide our Services and assess the needs of our customer in the provision of our Services and to generally assist in optimising the quality of our service.
We may use any personal information collected (excluding health information) to provide our Services, operate the Website, send you our newsletter, respond to feedback and complaints, communicate with third party service providers, develop new Services or Programs, or if needed to enforce our Terms and Conditions with you. If you are a third-party service provider, we will use your personal information to email you to accept your offer to provide Services, correspond with you in relation to the provision of Services and to pay your invoices.
In all cases, unless you have opted out, you consent to us using your personal information (excluding health information) for direct marketing purposes in order to tell you about our Services. We may contact you by mail, telephone, email to market our products and Services. We will always give you the opportunity to opt out of receiving any future direct marketing correspondence.
We comply with the Health Privacy Principles in the collection, use and disclosure of all health information. We collect your health information:
from our customers when they request advice
as necessary for the provision of our Services, but only as necessary for the provision of our Services, or as otherwise in accordance with your consent, or as may be required by law including Court order;
only from you (or from someone authorised by you) (including your caregiver if you have one);
with accuracy, on the basis that you may at any time request a copy of the health information that we hold by emailing us at email@example.com. In the event our records are found to be inaccurate, we will rectify any inaccuracies on the basis of the further information you provide.
Disclosure and sharing:
Data security and quality:
We will take reasonable steps to protect the personal information we collect and hold from misuse, loss and interference and from unauthorised access and modification, and to make sure it is accurate, complete and up-to-date when we collect, use or disclose it.
To assist us, please ensure you provide us with your correct details, and let us know if you believe the information we have about you is inaccurate, incomplete, out of date or misleading (and we will take reasonable steps to correct the information). We may take steps to destroy or permanently de-identify information when it is no longer needed for any purpose for which it may be used or disclosed. We may retain and use de-identified information.
You can modify your browser to prevent cookie use – but if you do this our service (and our Website) may not work properly. The information stored in the cookie is used to identify you. This enables us to operate an efficient service and to track the patterns of behaviour of visitors to our Website.
Access, correction and complaints:
You can request, and we will provide you with access to, any personal information we hold about you (including any health information) (subject to any applicable legal exceptions). Please also let us know if you have any concerns or complaints about the way we are handling your personal information so we can address them. Requests should be submitted by email to firstname.lastname@example.org. Where our records are found to be inaccurate, we will promptly rectify any inaccuracies on the basis of the further information you provide.
Transfer in certain circumstances:
If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation of us then, in our sole discretion, we may transfer, sell or assign personal information collected to one or more relevant third parties.
GRLKND TERMS & CONDITIONS
In the following Sales Terms & Conditions (Terms & Conditions), “we”, “us” or “our” means Milly Bannister (Australia) trading as GRLKND (ABN 29 284 642 784), its successors and assignees, (referred to as “we”, “us” or “our”) and you, the person, organisation or entity that purchases products or related services from us (referred to as “you” or “your”), and the Parties. These Terms & Conditions apply to all sales made by us to you.
1. Your Acceptance
The following terms and conditions relate to the provision of any services or sale of products (including physical products or downloadable material) from the GRLKND program or website (www.grlknd.com) (“Site”) (“Services”). These Terms and Conditions constitute an agreement between us and you. Your purchase from us indicates you have read these Terms & Conditions, that you have accepted and will comply with all terms outlined in this agreement. It also indicates that you are 18 years or older, or have been given the consent of a legal guardian if you are under 18 years of age. If you do not agree to these Terms & Conditions, you should not purchase from us.
2. Consumer Law, Return, Refund & Exchange Policy
a) Certain legislation under Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) alongside similar consumer protection laws and regulations may include rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights). (b) Products & Services: If you are a consumer as defined in the ACL, the following notice applies to you: "Our products and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.”
(a) Change of mind: due to the nature of the program and immediate access to information, we do not accept returns for change of mind or other circumstances.
3. Requirement to Seek Professional Medical Advice
(a) All content on our Site is for informational and educational purposes ONLY.
We strongly advise that you consult with a medical professional prior to commencing any nutritional program as not all nutrition plans are suitable for all individuals.
The program and advice provided in this program have been designed for healthy individuals.
The programs and modules offered on our Site are for educational purposes only and should not be used as a substitute for professional medical, dietary or nutritional advice.
You acknowledge and agree that our program does not guarantee or promote a cure for anything. To the extent permitted by law, you agree to use our products and services at your own risk, that you are voluntarily participating in our program, and assume all risk associated with modified lifestyles and advice outlined in this program.
You agree to release and discharge us from any claims or causes of action, known or unknown, arising out of your purchase and use of our products and services.
If you have or suspect that you have a mental health disorder, or if you have a pre-existing mental health issues, please contact your health care provider before using our Services.
None of the content or products offered on our Site are meant to diagnose, treat, alleviate or relieve any lifestyle concerns, nor to guarantee any particular outcome or results.
Do not disregard, avoid, or delay seeking medical advice from your doctor or qualified health
care provider or professional because of something you have read on our Site.
If at any time during the program, you notice any unanticipated changes to your health (physical, mental or emotional), please seek medical attention immediately.
4. Advice & Information
Advice and information provided on our Site is based on extensive research and information provided by a qualified Psychologist, Nutritionist and other industry professionals. However, before relying on any information on our Site, please evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Terms & Conditions. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products, services or Sites, including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Sales Terms.
6. Product/Program Testimonials
Please be aware that testimonials on our Site may not reflect the results that you achieve. Results may vary between individuals and your experience may not be similar to the experience of the user testimonials.
7. Warrant the Use of Personal Information
8. Site Newsletter
By agreeing to the terms and conditions contained in this Agreement you agree to receive our site newsletter. You can unsubscribe at any time by emailing us at with ‘unsubscribe’ in your email subject line.
9. Secure Payment
Our Site uses a secure online payment system. When purchasing any of our Services (including any products) you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors such as Stripe. By purchasing through our Site, you agree that we may charge you the price listed at the checkout screen, and that any payments processed via credit card may attract an additional percentage fee, as charged by the relevant merchant from time-to-time.
You warrant that the payment details and related personal details provided to us is correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards.
10. Goods & Services Tax (GST)
The prices for Services provided under this Agreement and Site will be as set out at the time you apply for the Service/program. All prices are in American Dollars unless otherwise stated, and inclusive of GST, and you agree that we may charge you GST as set out in the A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”). Over the course of the program launch, we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount. If you have any issues with payment do not hesitate to contact us at email@example.com
11. Contact Information
If you have any questions or concerns about your order or if you have any questions about our products do not hesitate to contact us. You may contact us by email at firstname.lastname@example.org
To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Services (including any products, programs or services listed or purchased on or through our Site. Except for the purposes of Consumer Guarantees under the Australian Consumer Law, we hereby expressly disclaim all liability for our Service, and for product defects or failures, claims that are due to your use of our Service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In regards to any breach or failure to comply with any Consumer Guarantees under the Australian Consumer Law, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again.
13. Limitations and Liability
a. (a) Notwithstanding any limitations or restrictions placed on this limitation of liability by the Consumer Act, we do not assume any responsibility or liability for any damages to you. In no event will we, or any of our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Site or any Services offered, be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of this Site, any web sites linked to this Site, or the materials, information or services contained on any or all such web sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
b. (b) For the purposes of the following clause, in addition to the defined terms above “Consequential Loss” means any loss or damage suffered by a party or any other person that is indirect or consequential, including but not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business reputation, loss of use, loss of interest, damage to credit rating or loss or denial of opportunity.
c. (c) With the exception of Consumer Guarantees, we exclude:
i. (i) any term, condition or warranty that may otherwise be implied by custom, law or statute;
ii. (ii) any liability for loss caused by our negligence; and
iii. (iii) any liability for Consequential Loss.
You agree to defend, indemnify and hold harmless Milly Bannister (Australia) acting as GRLKND its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your:
• Use of an access to our Site, Service & Program;
• Violation of any term or condition in this Agreement;
• Violation of any third party right, including without limitation any copyright, property, or privacy right; or
• Any claim that any of your use caused damage to a third party.
This indemnity will survive this Agreement and your use of our Services. You also agree that you have a duty to defend us against such claims and we may require you to pay for a solicitor of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable solicitor’s fees, court costs, and disbursements including in relation to the settlement of any claim. .
14. Choice of Law
This Agreement shall be governed by the laws in force in the state of Queensland, Australia. The offer and acceptance of this contract is deemed to have occurred in Queensland, Australia.
15. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of Queensland, Australia.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable legal fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
We may amend or make changes to this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Service.
17. Electronic Communications
We use electronic means of communication, whether you visit the Site or Service or send use-mails, or whether we post notices on the Site or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from us in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
This Agreement constitutes the whole of the agreement between the parties. It extinguishes any previous agreement or understanding between the parties about the subject matter of this Agreement and any representation or warranty previously given.
If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, it is severed from this Agreement. Any reading down or severance does not affect the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the offending provision in any other jurisdiction.
No failure by either party to exercise and no delay in exercising any right under this Agreement will be taken as a waiver of the right. No waiver of any right is effective unless made in writing. Waiver of any particular right does not in any way release the other party from strict compliance in the future with the same or any other obligation.
The rights and remedies provided in this Agreement are cumulative and do not exclude any other rights provided by law.
2. Use License
Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on the School’s web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or 'mirror' the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on the School’s website are provided 'as is'. The School 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 or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
8. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.