TERMS AND CONDITIONS OF MEMBERSHIP

TERMS AND CONDITIONS OF MEMBERSHIP

Welcome to the Modern Marketing Collective. It’s great to have you here!

In these terms and conditions of membership, we’ll use the word Platform to describe the Modern Marketing Collective community available at www.emilyosmond.mykajabi.com/login and which may be available through other addresses or channels. When we talk about we, our, or us in these terms and conditions of membership, we mean Emily Osmond ABN 68 665 172 660. Emily is the proud owner of this Platform. 

accepting the terms and conditions of membership

By accessing and/or using our Platform, you; each person, entity or organisation using our Platform (referred to as you or a User) (i) warrant to us that you have reviewed these terms and conditions of membership, including our Privacy Policy (available on the Platform) (Terms), with your parent or legal guardian (if you are under 18 years of age) and you understand them; (2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and (3) agree to use the Platform in accordance with these Terms.

If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create an account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.

collection notice

  1. When you access and use our Platform, we collect personal information about you in order to tailor the Platform to your needs and for us to know what kind of content you are interested in. We also collect personal information from you so we can respond to any of your inquiries and for other purposes set out in our Privacy Policy.
  2. We may disclose that information to third party service providers who help us deliver our services (including data storage, web-hosting and server providers, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform, or your use of the Platform may be limited.  In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
  3. Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. 
  4. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

signing up

  1. You are able to browse and view the Platform as an unregistered user, however to access exclusive content, you will need to sign up and become a member of the Platform (Member) by creating an account (Account). You are only able to have 1 Account on the Platform.
  2. When you sign up to become a Member, you must provide basic information including your name, email address, your location and details about your business, so we know who you are. You may choose your login details, including your password. If we allow you to create a username, the username you choose must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights. We review applications to become a Member and we may refuse to provide any person within membership, including if, in our sole discretion, we believe your business is not a good fit for the Platform. 
  3. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
  4. You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, whether or not you authorised such activities or actions.
  5. You will immediately notify us of any unauthorised use of your Account.

what conduct is acceptable when using the Platform and other associated social media platforms?

Becoming a Member means we give you access to exclusive content and materials, including but not limited to group question and answer sessions and access to our exclusive Facebook group. Your access to and your participation in any question and answer session, or any forum we make available via the Platform, including on Facebook, is subject to certain minimum standards of conduct. You being given access to our exclusive content, Facebook group, question and answer sessions and other benefits is conditional on you complying with the standards of behaviour we expect of you.

When you access the Platform, participate in any forum we curate(including on Facebook), or you participate in any of our question and answer sessions, you must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):

  1. to use our Platform or associated forums to defame, harass, threaten, menace or offend any person, or to post any content that defames, harasses, threatens, menaces or offends any person;
  2. posting anything that is obscene, indecent, excessively violent, misleading, deceptive or fraudulent;
  3. posting any material that is promotional material or advertising for commercial purposes or personal financial gain;
  4. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  5. interfering with any other User using our Platform;
  6. tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
  7. anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations; or
  8. facilitating or assisting a third party to do any of the above acts.

We reserve the right to remove any posts in our forum which we, in our sole discretion, deem to be inappropriate or not in compliance with this clause.

exclusion of competitors

You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business.  If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

payments

  1. Access to exclusive content is made available to you based on your payment of our membership fee (Membership Fee).
  2. You agree that you must pay our Membership Fee to gain access to exclusive content and to join the Modern Marketing Collective. There are a number of ways you may choose to pay the Membership Fee, which are set out on the Platform.
  3. Any payments will be made through our third party payment processor, currently Stripe or by any other payment method set out on the Platform.
  4. The Membership Fee for Members and any other charges applicable to the use of the Platform, such as any applicable taxes, will be charged on a recurring basis depending on the billing cycle period you have chosen, to your selected payment method on the calendar day corresponding to when you registered for an Account. By joining as a Member, you understand and agree that the payment method you specify when signing up will be automatically charged each month or other period (depending on your chosen payment period), unless you or we cancel your Membership in accordance with these Terms.
  5. In some cases your payment date may change, for example if payment is unable to be processed or if your membership began on a day not contained in a given month. You agree and acknowledge that you must have sufficient funds in your selected payment account in order to pay the membership fee. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.
  6. Please note that if you sign up to become a Member, then you cancel your membership in accordance with these Terms and you wish to sign up later, you may not be able to sign up at the same fee rate as your original or previous membership.

licence to use our Platform

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent.

Information

The Content (see the ‘exclusion of competitors’ clause above) is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice.  While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):

      1. copy or use, in whole or in part, any Content;
      2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
      3. breach any intellectual property rights connected with our Platform, including (without limitation) by:
        1. altering or modifying any of the Content;
        2. causing any of the Content to be framed or embedded in another website; or
        3. creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Platform.  By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.  You represent and warrant that:

      1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
      2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Third party sites: Our Platform may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites.  You should make your own investigations with respect to the suitability of those websites. 

Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part.  We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Consumer Guarantees

      1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
      2. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. 

Warranties, disclaimers and indemnity

To the extent permitted by law, we make no representations or warranties about our Platform or the Content including (without limitation) that:

      1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
      2. access will be uninterrupted, error-free and free from viruses; or
      3. our Platform will be secure.

Please note that we do not make any representations that on following any information provided on the Platform, that you will be able to achieve a certain number of follows or followers on your social media accounts, or boost your rankings on any advertising network account. Marketing is a competitive space and while our tips and information is designed to assist you, ultimately how you carry out your social media marketing policy is up to you and you are responsible for the execution of your strategy. We do not guarantee that you will be able to achieve a certain level of profit or social media following by using our materials.

You read, use, and act on our Platform and the Content at your own risk.

Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:

      1. our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and
      2. we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

      1. Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any: 
        1. event or circumstance beyond our reasonable control;
        2. acts or omissions of you or your personnel;
        3. any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
        4. use of the Platform and/or Content;
        5. interaction you have with other Users whether in person or online;
        6. any injury or loss to any person;
        7. Content which is incorrect, incomplete or out-of-date; or
        8. breach of these Terms or any law.
      2. You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
      3. This clause will survive the termination or expiry of these Terms.

Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

cancelling, refunds and termination

Cancellation

      1. If you pay your Membership Fee on a month to month basis, you must cancel your subscription (you can do this online) at least 5 business days before the Membership Fee is due to be paid for the following month, to allow your cancellation to be processed. If you do not cancel your subscription in this timeframe, your Membership Fee may still be deducted from your chosen payment account.
      2. If you pay your Membership Fee every six months (or another period), then you must cancel your subscription at least 5 business before the end of the term you have paid for, otherwise your Membership Fee for the following six months or other timeframe will be automatically deducted from your chosen payment account.
      3. If you cancel your membership, your account will automatically close at the end of your current billing period. We will also remove you from the Facebook group.

Refunds

      1. If you sign up and pay to become a Member, then you change your mind, you have 20 days from the day you sign up to let us know that you would like to cancel your membership and receive a refund of the Membership Fees you have paid.

Termination

      1. We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
      2. At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights or (ii) you fail to comply with acceptable standards of conduct on the Platform or associated social media forums.

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet (this can be via phone, video conference or in person-in our sole discretion) at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith.  All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Assignment

You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected. 

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Platform and these Terms are governed by the laws of Victoria.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform may be accessed throughout Australia and overseas.  We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia.  If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

For any questions and notices, please contact us at:

Emily Clare Osmond ABN 68 665 172 660

Email: [email protected]

Last update: 11 July 2018

© LegalVision ILP Pty Ltd

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