THE ORGANISED TEACHER CIRCLE MEMBERSHIP TERMS & CONDITIONS

THE ORGANISED TEACHER COLLECTIVE

OVERVIEW

This Membership is owned and operated by Jamiela Stewart ABN 91611985457 trading as The Organised Teacher Collective (‘The Organised Teacher Collective’, ‘we’, ‘our’, or ‘us’).

Please read these Terms and Conditions (‘Terms’) carefully before you purchase or otherwise access our online membership, The Organised Teacher Circle (‘Membership’). These Terms, along with our Site Terms and Conditions and our Privacy Policy (‘the Terms’), govern your access to and participation in the Membership.

Acceptance of Terms
By accessing the Membership, you:

• acknowledge that you have read, and agree to comply with and be legally bound by, these Terms; and
• warrant that you are over 18 years of age and have the legal capacity to enter into a binding contract.

Modification to Terms
We reserve the right to modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. 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.

By continuing to access this Membership, you are deemed to accept any future amendments to these Terms. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

MEMBERSHIP ACCESS

Application and Registration
To access the Membership, you must:

• Complete the application form on our website: https://theorganisedteachercollective.com/circle-launch/ (“Site”).
• Provide accurate and current information, including your name, email address, and payment details.
• Keep your account information updated.

We reserve the right to accept or decline any application at our sole discretion. If your application is declined after payment, you will receive a full refund.

Your access to the Membership begins when your application has been accepted by us, or a date specified on our Site, and you pay the price as displayed on our Site and in accordance with these Terms (‘Membership Fees’). Your Membership continues until terminated under these Terms or the Membership is discontinued. We will provide you with 30 days’ notice should we plan to discontinue the Membership.

Setting Up Account and Account Security
To access the Membership, you will be required to create an account. In doing so, you must provide accurate information, including your name, your business name (if applicable), address, a valid email address and contact number. You must also be at least 18 years old. You agree to update this information if and when it changes. You are solely responsible for the activity that occurs on your account, so please keep your account password secure.

MEMBERSHIP FEES

Payment Terms

Fees: Membership Fees (“Fees”) are outlined on our website and are payable in full upfront for the selected subscription period (monthly or quarterly).

Auto-Renewal: Your subscription will automatically renew at the end of each billing period unless cancelled in accordance with our Cancellation Policy set out below.

Payment Authorisation: You authorise us to charge the payment method on file for recurring Fees.

CREDIT CARD AUTHORISATION

By providing your credit card or other payment method information to purchase the Membership, you:

1. Authorisation to Charge:

• Authorise The Organised Teacher Collective to charge your provided payment method for all Membership Fees, including any applicable taxes and other charges as outlined in these Terms.
• Agree that this authorisation remains in effect for the duration of your Membership, including any automatic renewals, unless you cancel your Membership in accordance with the Cancellation Policy set out in these Terms.

2. Automatic Billing:

• You understand and agree that Membership Fees are charged automatically on a recurring basis (monthly or quarterly, as applicable). You authorise The Organised Teacher Collective to process such payments without further consent or notice.

3. Payment Information Updates:

• It is your responsibility to ensure that valid payment information is provided and updated in a timely manner. If your payment method is declined or expires, we will notify you, and you must update your payment method within 7 days to avoid suspension or termination of your Membership.
• If you fail to provide updated payment information, we reserve the right to attempt to charge any other payment method you have on file.

4. Chargebacks:

• You agree not to initiate a chargeback or dispute the payment with your credit card provider or bank without first contacting us to resolve the issue.
• Initiating a chargeback without contacting us first will be considered a breach of these Terms, and we reserve the right to suspend or terminate your Membership immediately and seek reimbursement for any chargeback fees or costs incurred by us.

5. Failure to Pay:

• If any automatic payment is declined, and you fail to provide an alternative payment method within 7 days, your access to the Membership may be suspended or terminated without further notice. You remain responsible for any unpaid Membership Fees and any associated costs, including recovery fees or legal expenses.

6. Fraudulent Charges:

• You represent and warrant that you are the authorised cardholder of the credit card or payment method used to purchase the Membership and that all billing information provided is accurate.
• Any fraudulent use of payment methods will result in immediate termination of your Membership, and we reserve the right to report such activity to the relevant authorities.

7. Refunds and Disputed Charges:

• Any refund requests or disputes related to Membership Fees should be addressed directly with us as per our Cancellation Policy set out in these Terms. You agree to contact us prior to initiating any chargeback or dispute with your credit card issuer.
• If a chargeback is successful, we reserve the right to seek reimbursement for the Membership services provided, including through legal means.

Increase in Membership Fees
You acknowledge and accept that should we decide to increase our Membership Fees, you will incur the increase automatically at the start of your next billing period. 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, CHARGEBACKS AND CANCELLATIONS

Refund Policy

No Refunds: Except as required by law or specified in these Terms, all Membership Fees are non-refundable. This includes situations where you no longer wish to participate, have failed to use the Membership, or if you terminate the Membership early. Any refund requests will be handled in accordance with the terms in this Section.

Chargebacks

Dispute Resolution First: If you have any concerns about a charge, you agree to contact us directly at [email protected] to resolve the issue prior to initiating a chargeback with your credit card provider. Initiating a chargeback without contacting us first will be considered a breach of these Terms, and we may terminate your access to the Membership as a result.

Liability for Chargeback Fees: In the event of a chargeback, you agree to be responsible for any chargeback fees or costs incurred by us. If the chargeback is deemed invalid (i.e., the charge was legitimate), we reserve the right to seek reimbursement for the original amount and additional legal or collection fees.

Fraudulent Chargebacks: Any attempts to file fraudulent chargebacks will result in immediate termination of your Membership. We reserve the right to pursue legal action to recover damages, including costs associated with the fraudulent chargeback.

This section works in conjunction with section titled “Credit Card Authorisation”, where you authorise recurring charges and acknowledge responsibility for maintaining valid payment information.

Cancellation Policy

Monthly Subscriptions

Cancellation Notice: To cancel your monthly subscription, you must provide 7 days’ notice via email before your next billing date. Once we have received your cancellation request, your Membership will remain active until the end of the current billing period, after which it will not renew.

No Refund for Early Cancellation: If you cancel mid-month, no prorated refunds will be issued for the remaining days in the billing cycle, and access will continue until the end of the paid period.

Annual Subscriptions

Cancellation Notice: To cancel your annual subscription, you must provide 7 days’ notice via email before the renewal date. If proper notice is not given, you will be charged for the next year, and no refunds will be issued for early cancellation.

Access After Cancellation: If you cancel during the annual period, you will continue to have access to the Membership for the remainder of the paid term, after which your access will terminate.

Any issues related to payment failure, chargebacks, or the provision of updated payment methods are governed by the section titled “Credit Card Authorisation”.

How to Cancel
To cancel your Membership:

Method: Notify us in writing via email at [email protected] with “Membership Cancellation” in the subject line.

Information Required: Provide your full name, the email associated with your account, and the reason for cancellation.

Once we receive your cancellation request, we will confirm via email and proceed as outlined above under “Cancellation Policy”

MEMBERSHIP ENTITLEMENTS

During your Membership, you will be entitled to the benefits, services, and resources as listed on our website at the time of your enrolment (“Membership Entitlements”). These entitlements may include, but are not limited to, access to exclusive content, live or recorded sessions (e.g., Q&As/coaching), community access hosted on third-party platforms (e.g., Facebook/Skool/Circle), downloadable resources or other benefits specified on our website.

You acknowledge that:

• The Membership Entitlements available to you are as described on our Site https://theorganisedteachercollective.com/circle-launch/ at the time of your purchase or renewal, and we reserve the right to modify these entitlements at any time without notice, as long as changes do not materially reduce the overall value of the Membership.
• Any additional benefits, such as third-party products, workshops, or additional memberships, may be provided at our discretion. We do not guarantee the accuracy, availability, or quality of third-party benefits, nor do we guarantee that these will meet your specific needs or continue to be available.

Bonuses
At the time of application, we may offer individuals bonuses to sign up for the Membership.  You are entitled to any bonuses on offer at the time of your enrolment to the Membership.  Please note that bonuses are not guaranteed to be available at all times and they may vary subject to any promotions we may have throughout the year. 

Force Majeure
If a Force Majeure event (e.g., natural disaster, pandemic, or any other event beyond our control) delays or prevents the delivery of any Membership Entitlements, we will make reasonable efforts to reschedule or offer them in an alternative format. You will not be entitled to any refund or compensation for services or benefits delayed or canceled due to Force Majeure events.

Online Group Participation
As part of your Membership, you may be invited to participate in an online group or community. To remain a member of such groups, you must comply with all group rules, including those established by the hosting platform. Failure to adhere to these rules may result in revocation of your group access and, depending on the severity of the breach, your Membership access as well.

We reserve the right to discontinue the operation of any online group related to the Membership by providing 7 days’ notice. Participation in the online group is optional and provided as an additional benefit, not a core Membership Entitlement.

COMPLAINTS

We are committed to your enjoyment of and satisfaction with the Membership. Should you have any concerns or be dissatisfied in any way, please contact us via our Contact Form https://theorganisedteachercollective.com/contact/ and include:
a) your name;
b) the email address you used to apply for the Membership;
c) details of your concern or complaint;
d) details of what you would like us to do to resolve the matter; and
e) copies of any relevant correspondence.
 
We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.

You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media.

Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.

INTELLECTUAL PROPERTY RIGHTS

As part of the Membership, you will have access to certain materials, including programs, workbooks, forms, templates, precedents, courses, webinars, digital products and other content (‘Materials’). These Materials are proprietary to The Organised Teacher Collective and are protected by intellectual property laws, including but not limited to copyright.

Ownership & Licence
We retain full ownership of all intellectual property rights, including copyright, in the Membership and the Materials. By purchasing the Membership, you are granted a non-exclusive, non-transferable, single-use, limited license to access and use the Materials solely for your own personal, non-commercial use.

You agree not to:

• Modify any of the Materials.
• Copy, distribute, or share the Materials in any form or through any medium, whether physical or digital, including staff shared drives and team folders.
• Assign, transfer, or sublicense your Membership or access to the Materials to any other person or entity without our prior express written consent.
• Publish, sell, or make available any of the Materials to third parties, whether for free or for financial gain.

Your use of the Materials may also be subject to our Site Terms and Conditions and Privacy Policy.

Personal Use Only
The license granted to you is strictly for personal use. Any attempt to use the Materials for commercial purposes, including but not limited to using them for business ventures, client work, or resale, is prohibited without express written consent from The Organised Teacher Collective.

Breach of Intellectual Property Rights
If we suspect or determine that you have violated any provision of this Intellectual Property Rights clause, we reserve the right to:

• Immediately terminate your access to the Membership and the Materials without refund.
• Pursue legal remedies to protect our intellectual property rights, including seeking injunctive relief, damages, and legal fees incurred in enforcing our rights.

Member Content and License to Use
If you submit or provide any content through your participation in the Membership (including but not limited to comments, feedback, testimonials, or other contributions) (“Member Content”), you:

• Warrant that you are the sole owner of any intellectual property rights in the Member Content, or that you have obtained all necessary rights, consents, and permissions to share it with us.
• Grant us a non-exclusive, irrevocable, royalty-free, perpetual license to use, reproduce, distribute, and display your Member Content in any manner we deem appropriate, including for marketing and promotional purposes. This may include, but is not limited to, use on our website, social media, and in other promotional materials.

Indemnity for Member Content
You agree to indemnify and hold us harmless from any and all claims, liabilities, damages, and expenses (including legal fees) arising from any breach of intellectual property rights, whether by you or any third party, in relation to the Member Content you provide to us or the use of that content by us.

MEMBERSHIP PROMOTION

Testimonials
By providing testimonials, feedback, or reviews in any format (written, audio, or video) during your participation in the Membership, you agree and acknowledge that:

• Consent for Use: You grant us the right to use, modify, publish, and display your testimonial or feedback, along with your name, business name, and any other details you voluntarily provide, on our website, social media channels, and other marketing or promotional platforms.
• No Compensation: You acknowledge that the use of your testimonial is provided voluntarily, and you will not receive any form of compensation, monetary or otherwise, for its use.

We may choose to feature your testimonial at our discretion, and you agree to its use in perpetuity unless you withdraw your consent in writing (which may be subject to reasonable limitations, particularly where materials are already published).

Audio and Video Recordings
As part of your participation in the Membership, we may record live events, webinars, coaching sessions, or other activities where you may feature in audio or video format. By participating, you agree to the following:

• Consent to Recording: You consent to being recorded during live Membership sessions, including but not limited to webinars, group coaching calls, and other events. These recordings may include your likeness, voice, and participation.
• Use of Recordings: We reserve the right to use, modify, reproduce, publish, and distribute these recordings for purposes including but not limited to:
  • Providing the Membership content to other members or future participants.
  • Promoting the Membership through marketing channels such as our website, social media, email campaigns, or other platforms.
• No Restrictions: You agree that these recordings may be used without any restriction, including for commercial purposes, and without any further notification to you. This includes the right to edit or modify the recordings at our discretion.
• Withdrawal of Consent: If you wish to withdraw your consent for future recordings or promotional use, you must provide us with written notice. However, you understand that previously recorded materials featuring your participation may continue to be used, particularly where these recordings are already in circulation.

No Obligation for Use
While we may record or collect testimonials during the course of the Membership, we are under no obligation to use or publish them. Similarly, we may choose to discontinue the use of any promotional material featuring your testimonial or likeness at our discretion.

TERMINATION

We reserve the right to terminate your access to the Membership immediately and without prior notice under the following circumstances:

1. Failure to Pay: If you fail to pay the Membership Fees when they are due or if your payment method is declined and you do not update your payment information within 7 days of notice.
2. Intellectual Property Infringement: If you infringe upon our Intellectual Property Rights or attempt to copy, share, or distribute the Materials in violation of these Terms.
3. Harmful Conduct: If you engage in conduct, whether publicly or privately, that is injurious or potentially harmful to our reputation, business interests, or other members.
4. Disclosure of Confidential Information: If you disclose any Confidential Information without our express written consent, including but not limited to business practices, proprietary information, or private member discussions.
5. Conflict of Interests: If you take actions that are contrary to our business interests, including actions that may pose a conflict of interest or are deemed competitive with our services.
6. Breach of Trust: If, at our sole discretion, we determine that the relationship between you and us has deteriorated such that mutual trust or confidence no longer exists.
7. Breach of Terms: If you fail to comply with any other provisions of these Terms or breach any warranties, undertakings, or obligations outlined in these Terms.

Consequences of Termination

• Immediate Suspension of Access: Upon termination, your access to the Membership and all related Materials, resources, and communities will be immediately revoked.
• No Refunds for Breach: If your access to the Membership is terminated due to a breach of these Terms, you will not be entitled to any refund of the Membership Fees already paid. This includes situations where the termination occurs mid-billing cycle.
• Prorated Refunds for Non-Breach Termination: If we terminate your access to the Membership for reasons other than breach (e.g., discontinuation of the Membership), we may, at our sole discretion, refund you a prorated portion of the Membership Fee already paid, covering the unused period of your Membership.
• Legal Action for Breach: In cases where the termination is due to infringement of our Intellectual Property Rights, breach of confidentiality, or harmful conduct, we reserve the right to pursue legal action, including claims for damages and legal costs.

Member-Initiated Termination
If you choose to cancel your Membership, please refer to the section (Refunds, Chargebacks, and Cancellations) for detailed instructions on how to do so.
 

CONFIDENTIALITY

You agree to respect our privacy and confidential information, which includes information relating to our business, finances, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or suppliers, along with our intellectual property and other information relating to trade secrets, know-how, systems and processes. Accordingly, unless you have our prior written consent, you will keep any information we choose to share confidential. This also applies to the privacy and confidential information of other Members. We will not disclose any information you provide except as set out in these Terms.

However, these obligations of confidentiality do not apply to any disclosure that:

• is for the purpose of performing the Terms or exercising a party’s right under the Terms;
• is required by Applicable Law; or
• relates to Confidential Information that is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction or breach of any obligation of confidence.

PROHIBITED USE

In addition to any other prohibitions, you must not under any circumstances access or otherwise use the Membership or its content:

• for any unlawful purpose;
• if you or your business in any way competes with our business;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, or state regulations, rules, laws, or local ordinances;
• to attempt to change, remove,  or otherwise interfere with the Membership or any of its Materials;
• to infringe upon any other person’s proprietary rights; or
• to send any unsolicited advertising or promotional material, commonly referred to as ‘spam’.

WARRANTIES AND INDEMNITIES

No Guarantees or Warranties
We provide access to the Membership and all associated content, materials, and services (collectively, the “Membership”) on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Membership or the information, content, materials, or products included therein.

You acknowledge and agree that:

• No Guaranteed Results: We do not guarantee any specific results or outcomes from your participation in the Membership. Your success will depend on your personal effort, commitment, motivation, and ability to follow through with the strategies or guidance provided.
• Illustrative Examples: Any testimonials, reviews, or examples of prior participants’ results are provided solely for illustrative purposes and do not constitute a promise or guarantee of future outcomes.

Limitation of Liability
To the fullest extent permitted by law, we will not be held liable for any direct, indirect, incidental, special, or consequential damages arising out of or related to your use of the Membership, including but not limited to:

• Participation Risks: Any loss or damage you may suffer as a result of your participation in the Membership.
• Inability to Participate: Any loss or inconvenience resulting from your inability to access or participate in the Membership due to technical issues, personal circumstances, or other factors beyond our control.
• Security Breaches: Any loss, damage, or unauthorised access resulting from your failure to maintain the security of your login details, account information, or access credentials.
• Third-Party Actions: Any actions, statements, or conduct of third parties, including but not limited to other Membership participants, guest speakers, or any third-party services or products that may be mentioned or provided as part of the Membership.
• Reliance on Information: Your reliance on any advice, suggestions, recommendations, or contributions from third parties, including other participants in the Membership. All such information is provided as general guidance only and is not intended to replace professional advice specific to your circumstances.

Exclusions
Nothing in these Terms shall exclude or limit any warranty implied by law that cannot be legally excluded or limited. If you are entitled to statutory protections or remedies under Australian Consumer Law or other applicable laws, nothing in these Terms is intended to exclude, restrict, or modify such rights.

Indemnity
You agree to indemnify and hold us harmless from any and all claims, liabilities, damages, or losses (including legal fees and costs) that arise from:

• Your Breach: Any breach of these Terms by you, including any infringement of our intellectual property rights or violations of confidentiality obligations.
• Your Conduct: Any negligent, fraudulent, or wrongful conduct by you or any third party acting on your behalf in relation to your use of the Membership.
• Third-Party Claims: Any claims made by a third party as a result of your actions, such as misuse of the Membership, unauthorised sharing of content, or breach of intellectual property or confidentiality obligations.

Assumption of Risk
By enrolling in the Membership, you acknowledge and accept that you are participating at your own risk. You are responsible for assessing whether the Membership content is appropriate for your needs and whether any actions you take as a result of participating are suitable for your personal or business circumstances.

INFORMATION AND ADVICE

General Information Only
The content, materials, and information provided in the Membership are intended for general informational purposes only and are not intended to constitute professional advice in any field. We do not provide legal, financial, medical, or other licensed professional services, and nothing in the Membership constitutes a substitute for obtaining advice tailored to your specific individual or business circumstances from a qualified professional.

You acknowledge and agree that:

• Any information, guidance, or suggestions provided within the Membership are for general informational purposes and do not take into account your individual circumstances, financial situation, or legal obligations.
• No Reliance: You will not rely solely on the information provided within the Membership to make decisions related to legal, financial, medical, or other professional matters. You are encouraged to seek independent professional advice before taking any action or making decisions based on the information provided in the Membership.

Responsibility for Determining Suitability
You are solely responsible for determining whether the Membership is suitable for your personal or business needs. By enrolling in the Membership, you acknowledge that:

• It is your responsibility to assess whether the content and materials provided within the Membership align with your goals and circumstances.
• If at any time we determine that the Membership may not be appropriate for your needs, or if it appears that you would benefit from seeking additional professional advice, we reserve the right to suspend or terminate your access to the Membership, with or without notice.

No Endorsement or Sponsorship
From time to time, we may reference or recommend third-party products, services, memberships, or other programs within the Membership. You acknowledge that:

• No Endorsement: Any mention of third-party products, services, or programs is provided for informational purposes only and does not constitute or imply our endorsement, sponsorship, or recommendation.
• No Responsibility for Third Parties: We are not responsible for the content, accuracy, or quality of any third-party products or services mentioned, and you assume full responsibility for engaging with third parties and evaluating their offerings.

Limitation of Liability
We cannot be held liable for any decisions or actions you take based on the information provided through the Membership. You agree that any reliance on the content, materials, or suggestions provided within the Membership is at your own risk, and we disclaim all liability for any loss or damage that may arise from such reliance.

 PRIVACY POLICY

When you apply to take part in the Membership, and during your participation, you may be required to provide us with certain personal information (such as contact details) and sensitive information (such as information about your health or finances).

Your privacy is extremely important to us. We will only use your personal information in order to provide you with the Membership Entitlements and to communicate with you about the Membership. Where you wish to withdraw your consent from email communications, you may simply unsubscribe. Your information will be dealt with in accordance with our Privacy Policy, which is accessible here https://theorganisedteachercollective.com/privacy-policy/

ELECTRONIC SIGNATURE

These Terms will become binding when you agree to these Terms, including by clicking ‘I consent’ or ‘I agree’ or similar, or by purchasing and/or commencing the Membership.

VALIDITY

Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

ASSIGNMENT

You cannot assign these Terms, or otherwise deal with the benefit of them or any rights under them, without our prior written consent. We reserve the right to assign or novate the Terms, or otherwise deal with the benefit of them or rights under them, without your consent.

ENTIRE AGREEMENT

These Terms constitute our entire agreement with you about the Membership and supersede all previous agreements, understandings and negotiations.

GOVERNING LAW AND JURISDICTION

The performance and enforcement of these Terms will accord with the laws in force in the State or Territory in Australia where we are located as indicated on our Site. You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.