Membership Terms & Conditions
Overview
This Membership [‘The Organised Teacher Membership’] is operated by Jamiela Stewart ABN 91 611 985 457 under the business name of The Organised Teacher Collective, referred to throughout the site as ‘our’, ‘we’, and ‘us’.
Please read through these Terms and Conditions carefully prior to purchasing or otherwise accessing the Membership (‘Membership’) offered to you on this Website [theorganisedteachercollective.com]. These Terms and Conditions, along with our Website Terms and Conditions and Privacy Policy (‘Terms’) govern your access to and participation in the Membership. By purchasing and accessing this Membership, you agree to be bound by these Terms. If you do not agree to all the Terms, then you must not engage with and/or cease use of the Membership immediately.
We reserve the right to review and change any of the Terms by updating this page at our sole discretion. Any changes to the Terms take immediate effect from the date of their publication. It is your responsibility to review these Terms prior to initial use as well as periodically throughout your use of our Membership. If at any time you choose not to accept these Terms, you should discontinue your use of our Membership.
Acceptance of the Terms
You accept the Terms by remaining on the Website and holding an active Membership. You may also accept the Terms by clicking to accept or agree to the Terms when this option is made available to you in the user interface.
By accessing the Membership, you:
a. indicate that you have read, understand and agree to be legally bound by these Terms, and
b. warrant that you are over 18 years of age and that you can enter into legally binding contracts and agreements.
By continuing to access the Membership, you acknowledge and accept any future amendments to these Terms. Should you be unclear about the Terms, please contact us prior to completing any purchase from our Site.
Access to the Membership
In order to access the Membership, you must first purchase a Membership subscription through the Website and pay the applicable fee for the selected subscription. In purchasing the Membership subscription, you acknowledge and agree that it is your responsibility to ensure that the subscription you elect to purchase is suitable for your use.
Once you have purchased the Membership, you will then be required to register for an account through the Website before you can access the Membership. As part of the registration process, or as part of your continued use of the Membership, you may be required to provide personal information about yourself (such as identification or contact details) including, but not limited to, your name, email address, mailing address, and contact number. You warrant that any information you provide to us in the course of completing the registration process will always be accurate, correct and up to date. We have the right to suspend or terminate your Membership if we suspect that such information is inaccurate or incomplete. We also reserve the right to deny your Membership application for any reason. You agree to update this information if and when it changes.
Once you have completed the registration process, you will become a registered member of the Membership and agree to be bound by the Terms. As a member, you will be granted immediate access to all content that is currently available for your membership level from the time you have completed the registration process.
You must not access the Membership and may not accept the Terms if you are not of legal age to form a binding contract or you are a person barred from receiving the Membership under the laws of Australia or other countries including the country in which you are resident or from which you use the Membership.
Founding Membership
When joining the Membership as a Founding Member (June 2023), you acknowledge and agree that not all Membership content, resources, and Materials (as outlined under our Intellectual Property Rights) will be readily accessible. You understand that the resource library will be uploaded in stages until the entire current collection of our resources (as of June 2023) has been uploaded into the Membership. As such, the Founding Member Membership Fee is made available at a significantly discounted rate.
Once all of our current resources (as of June 2023) have been uploaded into the Membership, the Founding Member offer will no longer be available and we will revert to regular Membership Fees and pricing structure. If you joined as a Founding Member in June 2023, you will only ever pay the Founding Membership Fee, regardless of any other price increases applied to regular memberships.
Your Obligations as a Member
As a member, you agree to use the Membership only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your Membership. Any use of your registration information by another person, or third-parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware. Access and use of the Membership is limited, non-transferable, and allows for the sole use of the Membership by you.
You will not use the Membership in connection with any commercial endeavours except those that are specifically endorsed or approved by us. You will not use the Membership for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited emails or unauthorised framing of or linking to the Membership.
Prohibited Use
In addition to other restrictions, it is strictly prohibited to access or use the Membership or its content:
a. for any illegal purposes;
b. to encourage or involve others in any unlawful activities;
c. to violate any local, state, federal, or international regulations, rules, laws, or ordinances;
d. to infringe upon the intellectual property rights of others;
e. if you or your business engages in any form of competition with our business;
f. to attempt to modify, delete, or disrupt the Membership or any of its Materials;
g. to send unsolicited advertising or promotional material, otherwise known as spam.
Payment
Where the option is given to you, you may make payment of the Subscription Fee by way of PayPal or Stripe. All payments made in the course of your use of the Membership are made using PayPal or Stripe. In using the Website, the Membership, or when making payment in relation to your use of the Membership, you warrant that you have read, understood, and agree to be bound by the PayPal or Stripe (whichever is used) terms and conditions which are available on their website.
You authorise us to automatically charge the account on file at the start of each billing period, and you agree to keep all billing information current at all times. You acknowledge and agree that where a request for the payment of the Membership Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including any costs incurred by us in an attempt to recoup the outstanding Membership Fees such as debt collection agency costs, banking fees and charges, or any legal costs associated with the outstanding Membership Fee.
You acknowledge and agree that we can vary the Membership Fee at any time and that the varied Membership Fee will come into effect automatically at the start of your next billing period. This excludes Founding Members (as Joined June 2023), where the Membership Fee will remain the same. In the event of an increase to the Membership Fee, we will provide you with 30 days notice prior to the increase coming into effect. Should you wish to cancel your Membership as a result, you may do so as outlined in our Cancellation Policy.
We will provide you with 30 days notice should we plan to increase our Membership Fees and should you choose to cancel your Membership as a result, you may do so in accordance with our Cancellation Policy.
Refunds and Cancellations
Due to the digital nature of our Products, the Membership Fees are non-refundable except as required by law or by a decision made at our absolute discretion. We do not provide refunds simply because your situation has changed or you have changed your mind.
If you would like to cancel your Membership, you may do so at any time by providing us with 30 days’ notice (for annual subscriptions) to prevent the automatic payment of your next payable Membership Fee. Once your Membership has been successfully cancelled, you will no longer be charged. However, if the required notice is not provided in the time specified above, you will incur a non-refundable Membership Fee for the next billing cycle.
Intellectual Property Rights
All resources, content, information, articles, and other materials presented by us or made available through our Site is subject to copyright, trade mark rights, and/or intellectual property rights. As part of the Membership, you will have access to certain materials, including digital and printable resources, templates, tools, images, media, and other content (‘Materials’). Unless otherwise indicated, all rights (including copyright) in the Membership and compilation of the Website (including but not limited to text, graphics, design elements, images, video images, and audio clips) or the Membership are owned or controlled for these purposes and are reserved by us or our contributors.
The Materials available to you as part of the Membership are for personal, single-classroom use by a single teacher. As part of the Membership, you are granted a non-exclusive, non-transferable, single-use, limited licence to access and use the Materials for your own personal use. You may download, print or copy the Materials for your own personal use only.
Electronic distribution is limited to single-classroom use only. Posting of the Materials electronically in any form is prohibited. You are not permitted to share these resources with others. Redistribution or duplication of the Materials is not permitted. Copying, recreating, or modifying the Materials with the intention and purpose to redistribute or sell is not permitted.
Your use of the Materials may also be subject to our Site Terms and Conditions and Privacy Policy. If you infringe on our Intellectual Property Rights, we reserve the right to terminate your access to the Membership and the Materials without refund and take legal action.
For any intellectual property that you provide us with through your Membership (‘Member Content’), you warrant that you are the owner of this intellectual property and indemnify us against any claim made by a third-party arising out of any breach of intellectual property rights from our use of the Member Content (including distribution for promotional purposes). By participating in the Membership, you grant us a non-exclusive, irrevocable, royalty-free, perpetual licence to use and reproduce your Member Content at our discretion.
Changes to the Membership and/or Site
We reserve the right to modify, change, remove or alter in any way the Content, Materials and other information and resources made available on our Site and within the Membership. You are responsible for reviewing the Content, Materials and other information provided to you through the Site and the Membership on a regular basis to be aware of any such changes. By continuing to use and access the Site and the Membership, you acknowledge, agree and accept these changes.
Membership Promotion
If you have provided testimonials in any format, you acknowledge and agree that we have the right to use them, along with references to you, on our website, social media channels, or any other platform, for promotional and other purposes, as we see fit.
Furthermore, you acknowledge that your participation in the Membership may be recorded in audio and/or video format and that these recordings may prominently feature you. These recordings serve the purpose of delivering the Membership and may also be used by us for promotional materials to market the Membership. You provide your consent for us to use these recordings without any restrictions, including but not limited to our ability to modify, publish, reproduce, or distribute them at our discretion.
Privacy
We take your privacy seriously and any information provided through your use of the Website and/or Membership are subject to our Privacy Policy, which is available on the Website.
General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law, all terms guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and we will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Membership or these Terms (including as a result of not being able to use the Membership), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Membership is at your own risk. Everything on the Website and within the Membership is provided to you “as is” and “as available” without warranty or condition of any kind. None of our affiliates, directors, officers, employees, agents, contributors, and licensors make any express or implied representation or warranty about the Membership or any products or Services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability, or currency of any information on the Website, the Membership, or any of its related products (including third-party material and advertisements on the Website);
(iii) costs incurred as a result of your using the Website, the Membership, or any of our products
(iv) the Membership or operation in respect to links that are provided for your convenience
Limitation of Liability
Our total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute, or otherwise, will not exceed the resupply of the Membership to you.
You expressly understand and agree that we, our affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
Your interactions with advertisers, vendors, and any other external party discovered on or through our Site or the Membership, including the payment and delivery of associated products or services, as well as any other agreements, conditions, guarantees, or statements connected to such interactions, are exclusively between you and the respective third-party. By adhering to relevant laws, you acknowledge and accept that we hold no responsibility or liability for any form of loss or damage arising from such interactions or the presence of advertisers and vendors on our Site or within the Membership.
Termination
Subject to local applicable laws, we reserve the right to discontinue or cancel your Membership at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website or the Membership without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts our name or reputation or violates the rights of those of another party.
We reserve the right to terminate your access to the Membership with immediate effect if:
(i) you infringe on our Intellectual Property Rights;
(ii) you do not pay the Membership Fees when due;
(iii) you engage in conduct that is injurious or potentially harmful to our reputation;
(iv) you disclose Confidential information without consent;
(v) your actions are contrary to our interests;
(vi) we are required to do so by law;
(vii) we consider that mutual trust and/or confidence no longer exists; or you have breached any provision of the Terms or intend to breach any provision;
If we terminate your access to the Membership, we may, at our sole discretion, refund any prorated balance of the Membership Fee already paid by you.
Indemnity
Except as expressly permitted by law, we cannot be held liable for:
(i) any loss or damage that you may suffer as a result of your engagement;
(ii) your inability to engage in the Membership for any reason;
(iii) your failure to maintain the security of your login details that enable you to access the Membership;
(iv) the statements or conduct of any third-party; or
(v) your reliance on the suggestions or recommendations of any third-party or other member within the Membership.
You agree to indemnify us, our affiliates, employees, agents, contributors, third-party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
Warranties, Information and Advice
We offer the Membership, its Materials, and other content on an ‘as is’ basis, without any guarantee of specific outcomes resulting from your participation. The effectiveness of your experience will rely on your personal actions. Any instances or experiences shared by previous participants, including reviews, testimonials, or other statements, are merely provided as examples to illustrate what is achievable.
All the content and information provided in the Membership is of a general nature and should not be considered as professional advice. We do not claim to be legal or medical professionals, financial advisors, or licensed experts in any field, and we cannot be held accountable for any reliance placed on the information presented through the Membership. None of the Membership’s content should be seen as a substitute for seeking professional advice tailored to your specific circumstances.
It is your responsibility to determine if the Membership is suitable for your needs. We reserve the right to terminate or suspend your access to the Membership at any time if we deem it inappropriate for you or if we believe you should seek further professional guidance.
Unless explicitly stated otherwise, any references to other products, services, programs, memberships, processes, or information within the Membership should not be interpreted as endorsements, sponsorships, or recommendations in any manner.
By engaging in the Membership, you acknowledge that you do so at your own risk. You acknowledge and agree that use of this Membership and its Materials is at your own risk. We provide the Site, Membership and Materials on an ‘as is’ and ‘as available’ basis. Users who download or access Materials and Content through the Site and Membership do so at their own risk and are solely responsible for any computer, device, or loss of data damage that may result after downloading said Materials or Content.
Dispute Resolution
We are committed to ensuring your satisfaction and enjoyment of the Membership. If a dispute arises out of or related to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.
On receipt of that notice by that other party, the parties to the Terms must:
(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they mutually agree;
(ii) If for any reason whatsoever, 14 days after the Notice, the Dispute has not been resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. If the dispute cannot be resolved through mediation, you agree to submit to the exclusive jurisdiction of the courts in the State or Territory where our business is located.
(iii) The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertaking to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Australia.
If you have any concerns or are dissatisfied in any way, please reach out to us via email at [email protected]. In your email, please provide the following information:
(i) your name;
(ii) the email address used for your Membership application;
(iii) details of your concern or complaint;
(iv) details or suggestions on how you would like us to resolve the matter; and
(v) copies of any relevant correspondence.
Upon receiving your email, we will acknowledge your complaint within seven business days and strive to resolve it as indicated above.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Both parties agree not to engage in any negative or derogatory behavior, whether publicly or privately, towards each other. This includes refraining from making such remarks in communications with third-parties or posting on social media.
Governing Law and Jurisdiction
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to these laws, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and replaced by a valid or enforceable provision. The rest of the Terms shall remain in force.
Electronic Signature
These Terms will be legally binding once you indicate your agreement by clicking “I consent,” “I agree,” or any similar statement, or by purchasing and/or starting the Membership.