Terms of Service
By visiting and using www.JamieNyland.com (hereinafter the “website”), or by purchasing any of our products or services, you accept and agree to be bound by these Terms and Conditions, including our Disclaimer and Privacy Policy, both of which are posted on the website and incorporated herein by reference.
The term “you” refers to anyone who uses, visits, and/or views the website. Nyland’s Media LTD (“Company,” “we,” “us,” or “our”) reserves the right to amend or modify these Terms and Conditions at its sole discretion at any time without notice. By continuing to use the website after any amendments, you agree to be bound by any changes made. It is your responsibility to periodically check the website for updates.
Your continued use of the website after the posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. If you do not agree with these Terms and Conditions, you must not access or use the website.
Privacy Policy
We are committed to respecting the privacy of your personal data. By using this website, you consent to our collection, use, and disclosure of your personal information as described in our Privacy Policy. Please review our Privacy Policy for more details. Our compliance with the UK General Data Protection Regulation (UK GDPR) is incorporated into these Terms and Conditions.
Disclaimer
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review our Disclaimer for more information.
Intellectual Property
All content on this website, including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads, and all other information (collectively, the “Content”) is owned by us and is protected by UK copyright, trademark, and intellectual property laws. You are granted a limited, revocable license to print or download Content from the website for your personal, non-commercial, non-transferable, informational, and educational use only, provided it does not violate any copyright, trademark, intellectual property, or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent, or license any part of the Content in any way without our prior written consent. You agree to comply with UK copyright, trademark laws, and intellectual property rights and shall be solely responsible for any violations of these Terms and Conditions.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive your right to bring any legal claims or class actions, now or in the future, arising out of or related to the website and our products/services. In the event of any dispute, claim, or controversy arising out of or relating to your use of this website, the terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.
You agree to submit to the exclusive jurisdiction of the courts of England and Wales for resolving any disputes or claims, without regard to the principles of conflict of law. Any claims brought by you must be filed within the jurisdiction of England and Wales.
Arbitration Notice: While arbitration may be a preferred method of dispute resolution, under the UK Consumer Rights Act 2015, consumers cannot be unfairly restricted from seeking legal recourse through the courts. As such, the provision below only applies to commercial disputes where both parties are businesses. For individual consumers, any dispute resolution must comply with the relevant consumer protection laws in force at the time.
For non-consumer disputes, you agree to resolve any disputes or claims first through mandatory arbitration in England and Wales and shall bear the costs of arbitration as permitted by law. Good faith participation in arbitration is a condition precedent to pursuing other legal remedies. In the event of a legal claim after arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action, to the extent permitted by law.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any content or information that you upload, display, post, transmit, send, email, or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that content or have express permission from the owner of the intellectual property rights to use and distribute that content.
You grant us and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, publish, post, reformat, copy, distribute, display, edit, and reproduce any content provided by you on our website and any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, or other proprietary rights related to content or information you provide to us.
You also grant us and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us the right to use your name and any posts, comments, or results you share on our social media, courses, or other platforms for marketing or informational purposes.
You agree not to upload, display, post, transmit, distribute, send, email, or submit any content or information that:
- (a) is illegal or infringes upon the rights of others;
- (b) is defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, or threatening;
- (c) encourages or advocates conduct that constitutes a criminal offence or violates any law;
- (d) contains spyware, viruses, or any other harmful information or software;
- (e) attempts to gain unauthorized access to any part of the website; or
- (f) causes disruption to the operation of the website.
You agree to use the website for lawful purposes only and shall be liable for any damages resulting from a violation of any provision of these Terms and Conditions.
THIRD PARTY LINKS
The website may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the website. However, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our Terms and Conditions.
You agree that we are not responsible for the accuracy, content, or any information provided on third-party websites.
USE OF OUR PAID AND FREE PRODUCTS
We may offer free products for download and also sell paid courses, programs, physical or digital products, and any related materials (collectively, “products”) on this website. Upon purchasing or accessing any of our products, you are granted a limited, personal, non-exclusive, non-transferable, and revocable license to use the products solely for your personal, non-commercial use.
You agree that you shall not:
- Share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance, or otherwise exploit our products without our express written consent.
- Redistribute or sell any of our products, whether free or paid, without prior written consent from Nyland’s Media LTD.
Any breach of these terms may result in immediate termination of the license granted to you and may lead to legal action for infringement of our intellectual property rights.
- TERMINATION
We reserve the right, at our sole discretion, to refuse access to, remove, restrict, revoke, or terminate your use of our website and/or any associated groups (such as Facebook Groups), including any content posted by you or us, at any time and for any reason. If termination occurs outside of any applicable refund policy period, you will not be entitled to a refund. - We will provide notice of termination where possible, but we are not obliged to do so. Your access to our services may be terminated immediately without notice if we believe there has been a violation of these Terms and Conditions or any applicable law.
- Refund Policy for Digital Course Products
This Refund Policy outlines the terms and conditions under which we provide access to our digital course products. By purchasing any of our digital courses, you agree to the terms of this policy. - 30-Day Refund Policy
We offer a 30-day refund policy for our digital course products. If you are not satisfied with your purchase, you may request a refund within 30 days of your purchase date by emailing [email protected]. To be eligible for a refund, you must not have accessed more than 25% of the course content. - Requests for refunds beyond the 30-day period will not be accepted. This policy complies with the Consumer Contracts Regulations 2013, which state that digital products are not eligible for cancellation once the download or streaming has begun with the consumer's consent.
- Access and Usage
Upon purchase, you will receive immediate access to the digital course materials. By accessing the materials, you acknowledge and agree that you waive any statutory right of withdrawal or cancellation. - Exceptions
In the unlikely event that technical issues prevent access to the digital course materials or in cases where the product is proven to be faulty, we will work to resolve the issue. If the issue cannot be resolved, you may be eligible for a refund, provided the request falls within the 30-day period. - Contact Information
If you experience technical difficulties or require support related to the digital course, please email [email protected] within 30 days of purchase. Our team will work with you to resolve any access issues or process a refund request. - Your Legal Rights
Nothing in this Refund Policy affects your statutory rights under UK consumer law. If the digital course product is found to be defective, you may be entitled to a replacement or an equivalent form of redress in compliance with applicable consumer protection laws.
WARRANTIES
All content, information, products, and/or services on this website are provided on an "as is" and "as available" basis, without any representations, conditions, or warranties of any kind, whether express or implied, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, and non-infringement, to the fullest extent permissible by law.
Nyland’s Media LTD makes no representations or warranties:
- As to the accuracy, completeness, or currency of the content, information, materials, products, and/or services provided on the website;
- That the website will operate uninterrupted or be error-free, or that any defects will be corrected;
- Or that the website, its servers, or the content are free of viruses or other harmful components.
However, where UK consumer protection laws apply, including under the Consumer Rights Act 2015, nothing in this disclaimer will operate to limit your statutory rights in relation to products and services that are not of satisfactory quality, fit for purpose, or as described.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, we, including our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us, shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages whatsoever arising out of or in connection with your use of this website. This includes but is not limited to damages for:
- Errors, omissions, delays, or interruptions in the website's performance or your use of it;
- Any loss of income, revenue, data, profits, business, or goodwill arising from your use of or reliance on this website or any of the information, content, products, or services provided;
- Theft or unauthorized access to your personal information, even if caused by negligence;
- The misuse of any information, products, and/or services offered on this website.
You agree that your use of the website is at your sole risk, and you are responsible for ensuring that any information you provide or actions you take based on the website’s content are accurate and appropriate for your situation.
Nothing in these Terms limits or excludes liability for death or personal injury resulting from negligence, fraud, or any other liability which cannot be limited or excluded by law. This limitation of liability applies to claims based on negligence, breach of contract, tort, or any other legal theory.
Where UK consumer laws apply, including the Consumer Rights Act 2015, any attempt to limit liability must be in line with these laws. You are entitled to certain legal rights regarding products and services provided through the website, including the right to expect that such products and services meet satisfactory quality and are as described.
INDEMNIFICATION
You agree to indemnify and hold Nyland’s Media LTD, including its officers, employees, successors, shareholders, joint venture partners, or anyone else working with us, harmless from any losses, claims, damages, demands, actions, suits, proceedings, or judgments, including reasonable costs and expenses (such as legal fees) ("Liabilities") incurred as a result of:
- (a) any actions or omissions, whether negligent or otherwise, by you, your agents, directors, officers, employees, or representatives;
- (b) your use of the website, including the purchase of products and services;
- (c) any violation of applicable laws, rules, regulations, or ordinances by you;
- (d) any breach of these Terms and Conditions by you or anyone related to you; or
- (e) any infringement by you or anyone using your account of any intellectual property or other rights of any third party.
We will notify you promptly if any such claims or liabilities arise, and we reserve the right to defend any such claim, liability, or damage at your expense. You agree to fully cooperate with us in defending any claims, including providing any information or assistance requested, at no additional cost.
ENTIRE AGREEMENT
These Terms and Conditions, along with our Privacy Policy and Disclaimer, constitute the entire agreement between you and Nyland’s Media LTD regarding the use of this website. It supersedes all prior communications, discussions, negotiations, or proposals, whether electronic, oral, or written.
A printed version of this agreement, including the Privacy Policy and Disclaimer, and any notices provided electronically, will be admissible in any judicial or administrative proceedings and will be treated with the same validity and effect as a written contract maintained in physical form.
SEVERABILITY
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court or any other authority of competent jurisdiction, that provision will be deemed to have been removed from this agreement. However, the remaining provisions will continue to be valid and enforceable. Any modification of the terms will be limited to what is necessary to ensure the agreement's remaining provisions retain full force and effect.
CONTACT
For any questions, please contact us at: [email protected].
PRIVACY POLICY
Nyland’s Media LTD (“company”, “we”, “us”) is committed to protecting your personal data and respecting your privacy. This Privacy Policy outlines what personal information is collected from you on www.jamienyland.com (the “website”), how it is used, and your rights under UK law. The term “you” refers to anyone who uses, visits, and/or views the website.
By visiting and using the website, or by purchasing any of our products or services, you consent to the collection and use of your information as outlined in this Privacy Policy. Should any changes be made to this Privacy Policy, your continued use of the website will constitute acceptance of those changes. You must not access or use the website if you do not agree to this Privacy Policy.
CHILDREN’S PRIVACY
We respect the privacy of children. This website and its content are intended for individuals over the age of 18 and who reside in the United Kingdom. We do not knowingly collect personal data from children under the age of 13 in compliance with the Children’s Online Privacy Protection Act (COPPA) and UK GDPR regulations.
If you believe we have inadvertently collected personal data from a child under 13 without parental consent, please contact us immediately, and we will take steps to delete such data as required by law.
WHAT INFORMATION WE COLLECT AND HOW IT IS USED
In accordance with the UK GDPR and the Data Protection Act 2018, we collect and process your personal data in a lawful, fair, and transparent manner. We may collect the following types of personal information when you interact with our website:
- Personal Identifiable Information (PII): This includes information such as your name, email address, phone number, postal address, and payment details (such as credit card information) that you provide when making purchases, subscribing to newsletters, filling out forms, using live chat, or participating in surveys.
- Automatically Collected Information: We may also collect technical information about your device and your interaction with the website through:
Log Data: Information such as your IP address, browser type, operating system, and pages visited on the website.
Google Analytics: We use Google Analytics to gather data on user behavior, including your browsing activity, geographic location, and traffic patterns to help improve our website and services. - Cookies: Like many websites, we use cookies to improve your experience on our site. Cookies are small data files stored on your device that help us remember you and personalize your experience. You can control the use of cookies via your browser settings. For more information, please refer to our Cookie Policy.
HOW WE USE YOUR INFORMATION
Your personal data will be used for the following purposes:
- To personalize and enhance your user experience;
- To provide customer service and process orders;
- To communicate with you via email or other means, responding to inquiries or requests;
- To send promotional offers, newsletters, and marketing materials (only where you have given explicit consent);
- To analyze website statistics and improve performance using Google Analytics;
- To detect and prevent fraud or unauthorized use of the website;
- To comply with legal obligations.
We may also use your information to offer you promotional content from our partners and affiliates. This may be done as part of affiliate marketing programs, but you will not incur any additional costs from these offers.
DATA SHARING AND DISCLOSURE
Your personal data will not be sold or shared with third parties except as necessary to fulfill your requests (for example, payment processing or shipping) or as required by law. In certain instances, we may share data with service providers or partners who assist in the operation of our website or conduct our business, but they will be bound by confidentiality agreements and only use your data for the purpose of delivering services.
YOUR RIGHTS
Under UK GDPR, you have the following rights regarding your personal data:
- Right to Access: You can request a copy of the personal data we hold about you.
- Right to Rectification: You can request that we correct any inaccurate or incomplete data.
- Right to Erasure: You can request that we delete your personal data in certain circumstances.
- Right to Restrict Processing: You can request that we limit how we use your personal data in certain situations.
- Right to Data Portability: You can request that we transfer your personal data to another data controller in a structured, commonly used, and machine-readable format.
- Right to Object: You can object to our processing of your personal data in certain cases.
To exercise any of these rights or for more information, please contact us at [email protected]. We will respond to your request in line with UK GDPR requirements.
SECURITY
We take appropriate measures to ensure the security of your personal data and prevent unauthorized access, disclosure, or misuse. However, please note that no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
RETENTION OF DATA
We will only retain your personal data for as long as is necessary to fulfill the purposes outlined in this Privacy Policy or as required by law.
THIRD-PARTY LINKS
The website may contain links to third-party websites. We are not responsible for the privacy practices of these third-party sites, and we encourage you to review their privacy policies.
COMMENTS AND SOCIAL MEDIA
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. When you leave a comment, your name, email address and website/organization name is not shared with a third party, and may be used to communicate with you.
Social media accounts and sharing options are available on this website. Social media sites (Facebook, Twitter, YouTube, and so forth) can track your personal information. Should you choose to interact with us on social media, please note that you will be voluntarily disclosing that personal information. This information is no longer private. It becomes public information and can be collected and used by others. We have no control over and take no responsibility for the use, storage or dissemination of such publicly disclosed personal information by you.
Any such interactions via comments and social media with us do not subject us to any kind of liability related to misuse of your information by others.
USE OF COOKIES
- Introduction to Cookies
Our website uses cookies to enhance your experience and facilitate your use of the site. Cookies are small text files that contain data, including an anonymous unique identifier, sent to your computer’s hard drive while you are visiting the website. They help us collect information such as your IP address, geographic location, language preferences, date and time of visit, and browsing activity. - Consent for Cookies
By using our website, you consent to the use of cookies in accordance with this policy. You may opt to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser settings to decline cookies if you prefer. Please note that disabling cookies may affect your ability to use certain features of the website. - Types of Cookies We Use
We may use cookies for various purposes, including:
Essential Cookies: Necessary for the website to function properly.
Preference Cookies: To remember your preferences and settings for future visits.
Analytics Cookies: To analyze how visitors use our website and to track website performance.
Advertising Cookies: To serve ads that are relevant to you based on your interests and online behavior.
Comment Cookies: If you leave a comment on our website, you may opt-in to save your name, email address, and website in cookies. This is for your convenience so you do not have to fill in your details again when leaving another comment.
If you have an account and log in to our website, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. - Turning Off Cookies
You have the option to turn off cookies on your computer through your browser settings. However, if you choose to do so, you may not be able to access all features and content of the website.
​USE OF WEB BEACONS AND PIXELS
- Web Beacons and Tracking Technologies
In conjunction with cookies, we may use web beacons (also known as clear GIFs, web bugs, or pixel tags) to collect general information about your usage of our website. These technologies help monitor user activity and track customer behavior data. - Third-Party Tracking
Third parties, including social media platforms (e.g., Facebook, Twitter), may also use their own cookies, web beacons, and other tracking technologies to collect and receive information from our website. This information may be used to tailor advertisements based on your behavior and interests, track conversions, and run targeted advertisements. - Your Rights
You have the right to access your personal data and request the deletion of your personal data collected through cookies. You may also withdraw your consent for cookies at any time by adjusting your browser settings or by contacting us directly.
THIRD PARTY LINKS AND USE
- Third Party Links
Our website may contain links to third-party websites, products, or services. Once you click on a third-party link, you will leave our website and no longer be bound by our Privacy Policy and Terms and Conditions. We encourage you to review the privacy policies of any third-party websites you visit, as we are not responsible for their practices or content. - Embedded Content
Articles on our website may include embedded content (e.g., videos, images, advertisements). Embedded content from other websites behaves in the same way as if you visited those websites directly. These third-party sites may collect data about you, use cookies, and monitor your interaction with that embedded content, especially if you have an account and are logged into that website. - Advertising
We may use third-party advertising services, including Google AdSense, to serve ads on our website. These third parties may also use cookies to deliver targeted advertisements. You can opt out of Google’s use of cookies by visiting their privacy policy. - No Control Over Third Parties
We do not have control over third-party websites and services. They have their own privacy policies, and we are not responsible for their activities or practices. Your use of third-party websites is solely at your own risk.
DISCLOSURE OF YOUR INFORMATION
- General Disclosure Practices
As a general rule, we do not disclose your personal information to third parties without your consent, except in the following circumstances: - Trusted Third Parties
We may share your personal information with trusted third parties who assist us in operating our website, providing services to you, and conducting our business. This may include:
• Website hosting providers
• Email marketing service providers
• Other service providers necessary for the operation of the website - Legal Compliance
We may disclose your personal information to comply with legal obligations, such as in response to a court order or in connection with a legal claim related to copyright infringement or other legal issues. - Business Transfers
In the event of a merger, acquisition, restructuring, dissolution, or partial sale of our business, your personal information may be transferred to the acquiring party. However, such a transfer will be subject to this Privacy Policy, and your information will be treated in accordance with the applicable data protection laws. - Your Rights
You have the right to request access to your personal information, as well as the right to request correction or deletion of your personal information in accordance with UK data protection laws.
EMAIL MARKETING
- Subscription and Communication
You have the option to opt in or unsubscribe from our email marketing list at any time. By subscribing and opting in, you consent to receive newsletters, updates, promotional materials, and any other content related to our website. When you send us an email, your email message, along with your email address and any responses, will be retained for communication purposes. This information will be kept confidential, and we will not share, sell, or trade your email information with third parties, except as otherwise stated in this Privacy Policy. - Compliance with UK GDPR
While we primarily serve users in the United Kingdom, we do not intend to offer goods or services to individuals residing in the European Union, as outlined in the General Data Protection Regulation (GDPR). - Consent for EU Residents
If you are in the European Union and choose to opt in to receive any of our free products or services and/or purchase any products or services through our website, you will be subscribed to receive our free email newsletter once you provide affirmative consent. If you wish to unsubscribe from our emails, please refer to the “Opt Out” section below. - Automatic Subscription for Non-EU Residents
If you are not in the European Union and opt in to receive any of our free products or services and/or purchase any products or services through our website, you will be automatically subscribed to receive our free email newsletter. If you wish to unsubscribe from our emails, please refer to the “Opt Out” section below. - Legal Disclaimer
In accordance with legal requirements, please note that Jamie Nyland and Nyland’s Media LTD cannot and does not guarantee your ability to achieve results or earn any income from our ideas, information, tools, or strategies. All claims regarding earnings and results are for illustrative purposes only and have not been independently verified. The average person may not earn any money through online business programs. If you do not agree with these terms, please refrain from participating in our training or further engagement.
GDPR VISITOR RIGHTS
Under the UK General Data Protection Regulation (UK GDPR), if you are a resident in the United Kingdom or the European Union, you are entitled to certain rights regarding your personal data. The rights listed below are in accordance with the applicable data protection legislation:
- Data Retention
We will retain any personal information you choose to provide until the earlier of the following events occurs:
a. You request the deletion of your information by sending a request to [email protected] Please be aware that such requests may result in your inability to access any paid or free content previously provided to you.
b. Our decision to cease using our existing data providers.
c. The Company’s decision to cease operations or discontinue the provision of services.
d. The data is no longer necessary for the purpose for which it was collected, is too costly to retain, or has become outdated. - Right to Access
You have the right to request access to the personal data we hold about you and to receive information regarding how we process that data. - Right to Rectification or Erasure
You have the right to request the rectification of your personal data if it is inaccurate or incomplete. Additionally, you have the right to request the erasure of your personal data in certain circumstances. - Right to Restriction of Processing
You have the right to request restrictions on the processing of your personal data. When processing is restricted, we can store your data but cannot process it further without your consent, except for storage purposes. - Right to Object
You have the right to object to the processing of your personal data in certain circumstances, including but not limited to direct marketing, profiling, and processing based on legitimate interests or in the public interest/exercise of official authority. - Right to Data Portability
You have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transfer that data to another data controller. - Right to Withdraw Consent
If you have provided consent for the processing of your personal data, you have the right to withdraw that consent at any time without affecting the lawfulness of processing based on consent prior to its withdrawal. - Right to Lodge a Complaint
You have the right to lodge a complaint with the Information Commissioner’s Office (ICO) or another supervisory authority if you believe that your data protection rights have been infringed. - Necessity of Information
We only require information that is reasonably necessary to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition for entering into a contract with us.
SECURITY
The security of your personal information is of paramount importance to us. We are committed to following generally accepted industry standards to protect the personal information you voluntarily and automatically provide to us. However, it is important to understand that no method of transmission over the Internet or electronic storage is 100% secure. Therefore, we cannot guarantee the absolute security of your information.
When you make a credit card purchase or complete any transaction through our website, you will be redirected to a third-party vendor to process the transaction. Any information you provide during the checkout process is not stored on our website but is instead processed and stored by the third-party vendor responsible for completing the purchase transaction.
By using this website, you agree to indemnify and hold us harmless from any security breach and from any unauthorized use of your personal information by third parties. You also acknowledge that we cannot be held responsible for any disclosure of your information through our website without our knowledge and consent.
PRIVACY POLICY UPDATES
This Privacy Policy is effective as of August 2, 2019, and will be updated and modified as necessary. It is your responsibility to review this page periodically for any changes to this policy. Any modifications to this Privacy Policy will be effective upon our publication of the revised terms. Your continued use of our website following the posting of any updates will signify your acceptance of the modified Privacy Policy.
CONTACT
For any questions, comments, or concerns regarding this Privacy Policy, please contact us at [email protected].