Overview
Membership
Membership fees
- Caption Formula Workshop
- Annual membership
- Monthly membership
- What happens if you don't pay
- Fee increase
- Digital Products - Cancellations and Refunds
Membership Activities
- Collaborations and Partnerships through The Wordfetti Club
- Membership Benefits/Entitlements
- Complaints Procedure
- Prohibited Membership Use
Intellectual Property Rights
- Commercial Use
- Liability for breach of licence terms
- Additional Terms Relating Commercial Use
Testimonials
- Intellectual Property Right Consent and Indemnity
Termination
Disclaimer, Warranties, Indemnities and Liability
- Disclaimers and Warranties
- No Guarantee
- Indemnities and Liability
Confidentiality and Privacy
- Privacy
Miscellaneous
Hello there! Lovely to e- meet you!
We have set out below the terms that you agree to when you become a Wordfetti Club member. Please read through carefully to ensure you understand the terms.
Terms & Conditions for Caption Formula Workshop and The Wordfetti Club
This agreement sets out the terms and conditions (“Terms”) that govern your access to and participation in our Membership program (“Membership”) facilitated and run by Wordfetti, ABN 20 642 438 417 (“Wordfetti”, “we”, “us”, or “our”).
These Terms are a legal agreement between you (“you” or “your”) and us, and by completing the online application form and paying us to join our Membership as a member, you agree to be bound by these Terms, so it is important that you read these Terms carefully before applying.
Overview
You agree to provide accurate, current and complete information about yourself as requested or directed on the Website, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your Membership if we suspect that such information is inaccurate or incomplete.
Attendance and participation in the Membership are open only to persons aged above 18 years and you must have the necessary power and authority to enter into these Terms.
You acknowledge and consent that part of your Membership includes recordings (in audio and/or video format) of your participation in the Membership, where you may feature prominently. These recordings are for the purposes of providing the Membership and for us to use in our promotional material to market the Membership. You acknowledge and agree to our usage of these recordings without restriction, including but not limited to our ability to use, modify, alter, publish, reproduce or distribute the recordings.
Your Membership commences once you pay the price as displayed on our Website and in accordance with these Terms (“Membership Fees”).
We may approve or deny your Membership application at our sole discretion.
Your Membership continues until terminated in accordance with these Terms.
To access the Membership and use the services, you are required to create an account and in doing so, you must give us accurate information including your name, your business name (if applicable), address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account setup process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. You’ll be solely responsible for the activity that occurs on your account so keep your account password secure. You must not under any circumstances share your login details with anyone else.
We reserve the right to:
- limit the number of applicants and memberships; and/or
- suspend or cancel your account at any time, at our sole discretion, including if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.
Membership
We have a few different Membership options available.
Please make sure you take the time to review the options and are happy with the option you select as our Membership offerings will renew automatically. If you don’t want your Membership to renew, we kindly and highly recommend you write your next billing date in your calendar or set a reminder at least 3 business days before so you can cancel your Membership.
Membership Fees
No refunds
Refund/Cancellation policy:
The Caption Formula Workshop Offer is a one-off payment. It will allow you (one person) access to one of our online workshops.
At the end of the Caption Formula Workshop Offer period, you will have the opportunity to sign up for our annual or monthly membership.
Once signed up for the monthly* Membership, your Membership will automatically renew unless you cancel the Membership.
Where you have opted for the annual* Membership, we will send you a reminder email prior to the automatic renewal.
* You will receive a designated link to apply at checkout against either the monthly or annual Membership.
Key terms
Offer type: Caption Formula Workshop Offer
*If you would like to cancel your annual Membership, you may do so at any time after the 12 months.
You must provide at least 3 business days' written notice (following instructions in the “Your Membership” section of your portal) prior to your renewal date to prevent the automatic renewal of the Membership.
We are UNABLE to refund in retrospect if you fail to give us 3 business day notice so please ensure you make a note of your billing date in your calendar if you wish to terminate and not auto-renew.
*The Membership Fee is non-refundable except as required by law.
We do not provide refunds simply because your situation has changed or you have changed your mind.
If you are not 100% sure about a 12-month commitment, we suggest you consider our flexible monthly option and upgrade to our annual Membership when it is next offered.
Refund/Cancellation policy:
The current annual membership investment for The Wordfetti Club is currently $490 (USD), this is inclusive of GST.
Your Membership will renew automatically at the end of twelve (12) months from your debit/credit card.
An annual membership entitles access to 1 participant into the Facebook Group and Learning/Masterclass Calls and Coworking.
Portal access to replays of previous Masterclass calls (the Vault) will be available to all annual membership members.
Active payment of your membership will grant you access to the portal.
Please note if you do cancel your membership after 12 months, you will lose access to The Wordfetti Club materials (including replays).
Please note that renewal pricing may differ from the price that you originally paid unless otherwise specified.
Key terms
Offer type: Annual Membership
To cancel your monthly membership with us at The Wordfetti Club, you must provide at least 3 business days' written notice prior to your renewal date to prevent the automatic renewal of the Membership.
You can submit the request via your portal under “your Membership”
Once cancelled, you will not be charged following that date. There is no pro-rata refund of any fees when you cancel.
If you fail to provide sufficient notice or no notice, and your next billing has occurred, please note this will NOT be refundable. Therefore, we ask that if you know you do not want to continue, please ensure you make a note of your billing date and advise us at least 3 business days prior that you would like to cancel.
We do not provide refunds simply because your situation has changed or you have changed your mind.
Please note: If you do choose to cancel your monthly membership with us, you will not be able to rejoin The Wordfetti Club for 6 months out of the integrity and intention of the container.
Refund/Cancellation policy:
Membership will automatically renew each month on the anniversary of your joining the Membership program and your debit/credit card will be charged the Membership Fee.
- A monthly membership entitles access to 1 participant into the Facebook Group and Learning/Masterclass Calls and Coworking.
- Monthly training/masterclass videos will only be accessible via the Facebook Group for that month and accessible via the link.
- Portal access to all replays is unavailable in the monthly membership.
- Active payment of your membership will grant you access to replays you are eligible for.
- Please note if you do cancel your monthly membership, you will also lose access to the monthly classes (including any applicable replays). Access is only available to active members.
Please note that renewal pricing may differ from the price that you originally paid unless otherwise specified.
Key terms
Offer type: Monthly Membership
If you do not pay us any portion of the Membership Fees when due your Membership may be cancelled, suspended, or you may be refused Membership entitlements and benefits until all outstanding amounts are paid.
You must inform us immediately if your payment details change. If payment is declined, your access to the Membership will be suspended until payment has been updated and you must pay all monies due.
On 3 failed attempts of payment, we will be revoking and terminating your access (as well as associated replays and materials) to the Club.
What happens if you don't pay
We reserve the right to increase our Membership Fees at our sole discretion, however, where you have joined our Membership prior to the Membership Fee increase, the initial price you purchased at will remain the same. If however you cancel your Membership and decide to purchase a new Membership, you will incur the increased price.
Fee increase
Due to the nature of digital products, any orders received and processed by us for digital products available to be purchased online have a strict NO REFUND/RETURN/EXCHANGE POLICY.
Where we send the wrong digital product we will send you the correct digital product and where the link provided to download is not working, we will send you the digital product direct or via a revised link at no extra cost.
Digital Products - Cancellations and Refunds
We have a few different Membership options available.
Please make sure you take the time to review the options and are happy with the option you select as our Membership offerings will renew automatically. If you don’t want your Membership to renew, we kindly and highly recommend you write your next billing date in your calendar or set a reminder at least 3 business days before so you can cancel your Membership.
Membership Activities
At the Wordfetti Club, we are massive advocates and champions for connections, collaborations and partnerships. However, it is important to note if you are to connect, collaborate and/or partner (either online or offline with a fellow Club member that this is done so at your sole discretion.
Please ensure you do your due diligence as Wordfetti cannot be held liable for any damages, or mishaps or be responsible to facilitate any conflict or disagreements.
Collaborations and Partnerships through The Wordfetti Club
During your Membership, we will provide you with certain Membership entitlements and benefits as notified from time to time. Please note, however, that Membership Fees are payable irrespective of whether you use your Membership entitlements or benefits. We cannot guarantee the duration for which these entitlements and benefits will be available.
Our Membership entitlements may include third-party services and content, however, to the extent you opt to use such entitlements, you agree that we cannot guarantee the accuracy or quality of such third-party services or content and shall not be liable for such third-party services and/or content.
You are granted access to the Membership until these Terms are terminated or the Membership is taken down. If the Membership is taken down, we will provide you with 30 days' notice.
Membership Benefits/Entitlements
Any complaint submitted in accordance with these Terms must include the following information at a minimum:
- Your name;
- the email address you used to apply for the Membership;
- details of your concern or complaint;
- details of what you would like us to do to resolve the matter; and
- copies of any relevant correspondence.
We will provide you with an acknowledgement of your complaint within 3 business days of receipt. We will aim to resolve your complaint within 14 business days of receipt. If we are unable to address the complaint within 14 business days, then we will write to you to explain what is happening with your complaint.
Any dispute that cannot be resolved will be submitted for mediation in accordance with and subject to The Arbitrators and Mediators Australian Mediation and Conciliation Rules.
Complaints Procedure
In addition to any other prohibitions, you must not, under any circumstances, share or use the Membership, the Membership entitlements or benefits, the Website or any content or materials provided to you over the course of your Membership:
a) for any unlawful purpose;
b) to solicit others to perform or participate in any unlawful acts;
c) to violate any international, federal, or state regulations, rules, laws, or local ordinances;
d) attempt to change, remove, deface, hack or otherwise interfere with this Website or any material or content displayed on the Website;
e) hack into any aspect of the Service, corrupt data, or cause annoyance to other users;
f) infringe upon the rights of any other person's proprietary rights;
g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
h) attempt to affect the performance or functionality of any computer facilities of or accessed through the Website or your Membership.
Prohibited Membership Use
Except for any content you may provide to us, all materials that are provided to you as part of your Membership are our exclusive property, which means that we own that content. We would really appreciate it if you would be respectful of our ownership rights and do the right thing and use the content to make some content magic.
Please note, that your active investment into the membership does not mean you “own” the materials, content, and the information we share. The active investment of the membership will entitle you to the ACCESS of our material, and you are granted a general license to use our materials for the purposes of your own business.
If you will be using our materials for financial gain (e.g. for your clients), we kindly refer you to the Commercial License.
In relation to the Membership Materials:
a) We retain ownership of all Intellectual Property Rights (including Moral Rights) in Membership Materials;
b) the Membership services to the extent they contain Membership Materials, you are granted (subject to you paying Membership Fees) a limited right to use Membership Materials and:
i. it may only be used for the purposes set out in the Terms, as part of your Membership ;
ii. You will not modify the Membership Materials except to the extent that they relate to templates provided for your use and as otherwise agreed by us; and
iii. You will not sublicense, publish, sell, or otherwise provide it or allow it to be used by third parties.
("General Licence")
Intellectual Property Rights
Where you’ve joined us under a Commercial License, in addition to the General Licence terms set out above, the following terms will also apply:
- You must pay the fee applicable for Commercial Use;
- Subject to payment of the correct fee, you may use the content and templates we have provided for Commercial Use.
Except as set out in these Terms, the licence granted for Commercial Use does not allow you, under any circumstances sell or sublicense any of the Membership Materials to any third party.
For the purposes of these Terms, "Commercial Use" means any use:
i. that results in an exchange of money or other consideration (including the exchange of products and/or services in lieu of money),
ii. that promotes any business, product, or service, or
iii. where financial gain or any other consideration (including the exchange of products and/or services in lieu of money) either directly or indirectly, of your use of the Membership Materials.
Where any one or more of the criteria set out above is met, then the use is deemed “Commercial” and accordingly the applicable fees will apply. Where you fail to pay the fee for Commercial Use, you will be deemed to have breached these Terms and will be liable to us. Further, we reserve all rights, including the right to enforce our Terms and cease all access to the Membership Materials immediately.
Commercial Use
For the purposes of this clause and the Terms, ("Membership Materials") means all tools developed and/or utilised by us in performing the Membership services, including, without limitation, templates, programs, hashtags, strategy documents, Membership content, workshops, digital products (including ebooks), webinars, audio and videos.
Liability for breach of licence terms
You acknowledge and accept that, due to the nature of the license provided, an audit right is required by us to be able to verify and monitor your compliance with the material obligations under these Terms and for a period of 12 months post-termination.
Upon receipt of our reasonable request, you shall provide us with any information, documentation or records which are reasonably required to enable us to verify and monitor your compliance with your material obligations under these Terms. Such information and records may be redacted to remove confidential commercial information not relevant to the request. All information and records shall be provided without undue delay and where possible within 7 days of receipt of such request.
Scope of Audit
The scope of the audit will be for the purpose of monitoring and assessing compliance with the material terms of these Terms. You must provide all information and assistance necessary to make a determination subject to any confidentiality requirements.
Cost of Audit
We shall be responsible for the reasonable costs of the audit, however, where the audit results in discrepancies, You shall be responsible for all costs associated with the audit and will account for any profits made that have not been reported and pay us any monies due as a result of any discrepancies.
Record Keeping
You shall keep full, true and separate up-to-date books of account, records and documentation relating to the use of the Membership Materials (including appropriate audit trails) for any sales and other transaction records.
Reporting
You will provide us with the reports relating to your Commercial Use in accordance with our request.
These additional terms survive termination.
Additional Terms Relating Commercial Use
Where you have provided testimonials (in any format), we may use those testimonials to refer to you in our Websites, and other media (including social media channels) for the sole purpose of promoting our Membership and our services.
We love it when you give us feedback and suggestions. It helps us improve our products and services, the only thing is we can’t pay you if we use any feedback or suggestions.
Testimonials
We may terminate the Terms with immediate effect, by giving you written notice if:
a) You do not pay the Membership Fees when due;
b) You fail to comply with any of the provisions of these Terms or otherwise breach any undertaking, warranty or obligation under this agreement;
c) engaging in conduct injurious or potentially harmful to our reputation;
d)disclosing Confidential Information without consent.
e) You fail to conform or abide by our applicable rules (including online group rules), policies or procedures;
f) Your actions are contrary to our interests; or
g) We consider that mutual trust and/or confidence no longer exists.
If we terminate your Membership, we may, but are not obliged to, refund any prorated balance of the Membership Fee already paid by you.
Termination
Disclaimer, Warranties, Indemnities and Liability
You and we agree that:
a) The Website, Membership and content is provided on an ‘as is’ basis;
b) You use the Website and Membership at your own risk;
c) You are responsible for maintaining the security of your account and access to the Website and Membership including by maintaining the security of your password and account login details.
The information and advice provided during the Membership are intended to be for educational purposes only and no warranty or condition of any kind (either express or implied), or fitness for a particular purpose or that any result or objective can or will be achieved or attained at all.
We do not provide any legal, tax, or other professional advice and would advise that you seek expert professional advice before acting on any information provided to you.
Disclaimers and Warranties
All express or implied warranties, representations, statements, terms and conditions relating to the Terms or its subject matter which are not contained in the Terms are excluded from the Terms to the maximum extent permitted by law.
By referencing any programs, courses, products or services throughout the Membership, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the programs, courses, products or services.
No Guarantee
You and we agree that:
a) We and our directors, agents or associates shall not be liable for any loss or damage resulting from your Membership, except as expressly permitted by law and as set out in these Terms.
b) You have a number of rights and consumer guarantees under Australian Consumer Law, including that our services are fit for purpose, provided with acceptable levels of care and skill, and provided within a reasonable timeframe.
c) If during your Membership, we do not meet the guarantees above, please contact us immediately and provide us with details and evidence (if possible) of the problem, in accordance with these Terms.
d) If our services are confirmed to have a major problem, we will re-supply the services or refund all or part of the Membership Fee (as applicable) to your original payment method. The applicable refund amount will be determined by the nature of the problem and the degree to which you may have been partially responsible for the problem.
e) We do not offer refunds where you insisted on having the Membership services provided in a way that is contrary to our advice, failed to clearly explain your needs to us or simply changed your mind.
f) We cannot guarantee and we do not promise any specific results from the Membership.
g) You will indemnify us against all loss, cost, damage or expense (including our legal costs and associated costs of investigations and enforcement) directly or indirectly related to your breach of these Terms.
Without limiting these Terms, we will not be liable to you for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) resulting from:
a) the use or inability to use the Membership;
b) statements or conduct of any third party or other Member; or
c) Your reliance on the recommendations and suggestions of any other Member.
To the extent that we are liable for anything, our maximum liability to you is capped to the fees paid in the 6 months preceding the liability’s occurrence.
Indemnities and Liability
Each party agrees that, unless it has the prior written consent of the other party, it will:
a) keep confidential at all times, the Confidential Information of the other party; and
b) ensure that any personnel, advisors, employees or contractors to whom Confidential Information is disclosed, are aware of and comply with this clause.
However, the obligations of confidentiality outlined in these Terms do not apply to any disclosure that:
a) is for the purpose of performing the Terms or exercising a party’s right under the Terms;
b) is required by applicable law or by law enforcement agencies; or
c) relates to Confidential Information which is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction and without breach of any obligation of confidence.
For the purposes of this clause, confidential information in relation to a party means information of a confidential nature including information about its business, financial information, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or suppliers, this may also include: pricing lists or methods, customer or supplier information, financial performance or plans; participation or conduct during coaching or mentoring sessions, participation in any workshops, information relating to concepts, trade secrets, know-how, systems and processes ("Confidential Information").
Confidentiality and Privacy
When you apply for your Membership, we will require you to provide us with certain personal information about you; this may include information about your full name, date of birth, email address, credit card details, and mailing address.
Your privacy is extremely important to us, and we take your privacy seriously. We will only use the personal information provided by you to us strictly for the purposes of providing you with our Membership services and to market to you with your consent. Where you wish to withdraw your consent, you can unsubscribe within the body of any email we send or inform us via email. We will disclose and deal with your information in accordance with our privacy policy which you can access at any time here.
Privacy
You and we agree that we are independent contractors and that the relationship between you and us does not constitute a partnership, joint venture, agency or the relationship of employer and employee. You must not hold yourself out as being entitled to contract, make any representations or otherwise bind us.
You are responsible for compliance with any applicable laws, regulations, standards and/or licences required to provide and or promote your services. We offer no guarantees that the Membership Materials comply with any laws, regulations, standards and/or licence requirements that may apply to the products and/or services you offer.
The Terms (together with our Privacy Policy, online group rules and disclaimers) constitute our entire agreement with you about the subject matter and supersedes all previous agreements, understanding and negotiations, whether oral, written or electronic, in respect to the Website, your use of the Website and the Membership and your use of the Membership.
The formation, construction, performance and enforcement of the Terms will be in accordance with the laws in force in Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
We reserve the right to change these Terms or to modify Membership benefits or entitlements at any time. If these Terms or the Membership benefits or entitlements are changed, we will provide you with the updated version of the Terms. You may choose whether to accept the updated Terms or to terminate your Membership.
Whenever possible, each provision of the Terms will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the Terms is held invalid or unenforceable, the remainder of the Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
You cannot assign the Terms or otherwise deal with the benefit of it or a right under them without our prior written consent. We may assign or novate the Terms or otherwise deal with the benefit of it or right under them without your consent.
Miscellaneous
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