MEMBERSHIP GROUP TERMS AND CONDITIONS (‘TERMS’)
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
1. Who we are and how to contact us
1.1 www.thatjessab.com is a website (‘Website’) operated by Jessa Bellman ATF the Bellman Family Trust ABN 18 933 045 154 (‘JB, we, us and our’).
1.2 To contact us, please email hello@jessa.com.au
1.3 We offer digital products and content creation online membership groups via the Website from time to time (‘Group’). Reference to the Website, includes the Group.
2. By using our Website you accept these Terms
2.1 By using our Website and Group, you confirm that you accept these Terms of use and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website. You agree you are at least 18 years old to make any purchases on our Website.
2.2 We are the owner or the licensee of all intellectual property rights in our Group, Website, and in the material published on it. Nothing in these Terms transfers any rights to you. All such rights are reserved.
3. We may make changes to these Terms
3.1 We amend these Terms from time to time. Every time you wish to use our Website, please check these Terms to ensure you understand the Terms that apply at that time.
3.2 Please refer to the Website for the most recent version of the Terms.
4. We may make changes to our Website
4.1 We may update and change our Website from time to time to reflect changes to our Group, Group, our users’ needs, changes in law and our business priorities.
5. We may suspend or withdraw our Website
5.1 We do not guarantee that the Group, the Materials, our Website, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Website or products for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5.2 This Website is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Website or Group.
6. Our Groups
6.1 Where you chose to subscribe, JB will provide you membership to the following Groups through the Website:
(a) Template Creators Society, where you will get access to:
(i) Monthly tutorials, course information for creating digital products, trend tracking and 24hour support (included in “Services”)
(ii) Canva templates, tools and other downloadable resources (included in “Materials”)
(b) Course Creators Society, where you will get access to:
(i) Live coaching, on demand training, 24 hour support (included in “Services”)
(ii) Templates, tools and other downloadable resources (included in “Materials”)
(c) Passive Income Society, where you will get access to:
(i) Two weekly coaching calls, access to the Template Creators Society, Course Creators Society and Etsy Superstar (included in “Services”)
(ii) Templates, tools and other downloadable resources (included in “Materials”)
(d) Etsy Superstar, where you will get access to:
(i) Course materials and training aimed at building an Etsy store (included in “Services”)
(ii) Templates, tools and other downloadable resources (included in “Materials”)
6.2 We will perform the Services and prepare the Materials with reasonable skill and care and in accordance with these Terms and all relevant laws.
6.3 You acknowledge and agree that any dates for completion notified by us are estimates only, and we will have no liability to you for failing to meet any delivery or milestone date.
6.4 We reserve the right to postpone the delivery of any one-to-one element of the Services in the event of personnel illness or other unforeseen event. We will endeavour to provide you with as much notice as possible of any postponement.
6.5 You may not disclose any Materials, or make the benefits of the Group available, to anyone else except: (i) as stated in these Terms; (ii) with our prior written consent; or (iii) where required by law or regulation.
7. Registration to use the Group
7.1 In order to access the Group, you must first register as a member through the Website.
7.2 As part of the registration process, or as part of your continued use of the Group, you may be required to provide personal information about yourself (such as identification or contact
details), including; email address, mailing address, telephone number, password, and residential address
7.3 You warrant that any information you give to JB in the Group of completing the registration process will always be accurate, correct and up to date.
7.4 Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the Terms.
8. Subscription
8.1 When you subscribe as a Member you enter into an agreement to receive the Services and be a member of the Group on an ongoing basis, except for the Etsy Superstar which is a one-off course. There is no minimum term and you may cancel your subscription at any time by selecting the cancel button in the Member’s portal.
8.2 You agree to pay the current subscription fee for the particular Group as notified by us from time to time (‘Subscription Fee’). Payment for Subscriptions Fees may be made by Visa, MasterCard or American Express debit or credit cards. We will cancel your subscription if the Subscription Fee is not paid in advance
8.3 You agree that you have read, understood and agree to be bound by the relevant payment gateway terms and conditions which are available on their website.
8.4 You may skip, pause or cancel your subscription up to 7 days before the date the start of a new month. You expressly authorise us to automatically charge your credit or debit card for each Subscription Fee every month (or otherwise in accordance with your subscription), without further authorisation from you.
8.5 You will be liable for any banking fees and charges and out administration fees where there has been a refund or denial of the Subscription Fee by you banking or credit institution.
8.6 You agree and acknowledge that we can vary the Subscription Fee at any time. We will provide you with reasonable notice of any changes to Subscription Fees before the changes take effect.
9. Your obligations as a Member
9.1 As a Member, you agree to comply with the following:
(a) you will use the Group only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) 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 the Group. You must immediately notify us of any breach of your user details;
(c) you will not use the Group, Services, Materials or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of JB;
(d) you will not use the Group, Services, Materials or Website for any illegal and/or unauthorised use which includes collecting other Members’ data and sending unsolicited emails;
(e) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Group. Appropriate legal action will be taken by JB for any illegal or unauthorised use of the Website; and
(f) you acknowledge and agree that any automated use of the Website or its Group is prohibited.
10. Intellectual Property
10.1 We own the intellectual property rights in the Group, Website, Services and Materials, and you will have a non-exclusive, non-transferable licence to use the Group and Materials for your own personal purposes.
11. User Content
11.1 This Website may include information and materials uploaded by other members of the Website, including to comment threads. This information and these materials have not been verified or approved by us. The views expressed by other Members on our Website do not represent our views or values.
11.2 This Website may contain comment threads, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, ‘Interactive Services’) that allow Members to post, submit, publish, display or transmit to other Members or other persons (post) content or materials (collectively, ‘Member Contributions’) on or through the Website.
11.3 All Member Contributions must comply with the content standards set out in Error! Bookmark not defined.12 of these Terms.
11.4 Any Member Contribution you post to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any Member Contribution on the Website, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
11.5 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
11.6 We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards in Error! Bookmark not defined.12 of these terms.
11.7 You are solely responsible for securing and backing up your content.
11.8 You represent and warrant that:
a) You own or control all rights in and to your Member Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.
b) All of your Member Contributions do and will comply with these terms.
c) You understand and acknowledge that you are responsible for any Member Contributions you submit or contribute, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
d) We are not responsible, or liable to any third party, for the content or accuracy of any Member Contributions posted by you or any other Member of the Website.
11.9 We have the right to remove, refuse to post or take any action with respect to any Member Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other Members please email us at hello@jessa.com.au
12. Content Standards
12.1 The content standards in this clause 12 apply to any and all Member Contributions and use of social media features. Member Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your Member Contributions will not:
a) Contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
b) Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
c) Infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person.
d) Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms and our privacy policy on our website.
e) Be likely to deceive any person.
f) Promote any illegal activity, or advocate, promote or assist any unlawful act.
g) Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
h) Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us.
i) Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
j) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
12.2 Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other Members of our Website, you must comply with the content standards in this clause 12.
12.3 You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. In the event of such a breach, your membership will cease immediately.
13. Competitors
13.1 If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of JB. Competitors are not permitted to use or access any information or content on our Services and Materials. If you breach this provision, JB will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
14. Privacy
14.1 JB takes your privacy seriously and any information provided through your use of the Website and/or Group are subject to JB’s Privacy Policy, which is available on the Website.
15. General Disclaimer
15.1 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.
15.2 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.
15.3 By using our services, you agree that JB is not to be held liable for any decisions you make based on any of the Group, Services, Materials or guidance and any consequences, as a result, are your own. Under no circumstances can you hold JB liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, Services, Materials or techniques used or provided by JB.
15.4 All our information on both the Website and in Group is informational only, not tailored to your specific circumstances and intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and takes no responsibility for your actions, choices or decisions.
16. Limitation of liability
16.1 JB’s total liability arising out of or in connection with the Group or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the annual Subscription Fees.
16.2 You agree that we will not be liable for (i) loss or corruption of data, (ii) loss of profit, goodwill, business opportunity, anticipated savings or benefits or (iii) indirect or consequential loss.
16.3 Nothing in these Terms will limit a person’s liability for: a) death or personal injury caused by that person’s negligence; b) that person’s fraud; or c) anything else that cannot be limited by law
17. Termination/Cancellation
17.1 The Terms will continue to apply until terminated by either you or by JB as set out below.
17.2 You may terminate your subscription in accordance with clause 8.4.
17.3 JB may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) JB is required to do so by law;
(c) if your conduct impacts JB’s name or reputation or violates the rights of those of another party;
(d) the provision of the Services to you by JB is, in the opinion of JB, no longer commercially viable.
18. Indemnity
18.1 You agree to indemnify JB, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) 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;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
19. Confidentiality
19.1 We and you agree to use each other’s confidential information only in relation to the Group, and not to disclose it without prior written consent, except where required by law or regulation.
19.2 However, we may give confidential information to relevant subcontractors or service providers as long as they are bound by confidentiality obligations, and to your advisers who are involved in the relevant matter. The obligations to keep the information received in connection with the Terms confidential shall remain in legal effect for three years after receipt of such information.
19.3 The above will not apply to information which (i) is publicly available, or (ii) has been received from someone else who owes no duty of confidence in relation to it, or (iii) was already known by the receiving party.
20. We are not responsible for viruses
20.1 We do not guarantee that our Website will be secure or free from bugs or viruses or any other type of malicious code or software.
20.2 You are responsible for configuring your technology to access our Website. You should use your own antivirus software.
21. We are not responsible for Websites we link to
21.1 Where our Website contains links to other Websites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and you access third party Websites subject to the terms and conditions for those Websites.
22. Dispute Resolution
22.1 If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless both parties have attempted to resolve the dispute through mediation.
23. Governing Law and Jurisdiction
23.1 The Group offered by JB is intended to be viewed by residents of Australia. The Terms are governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to the Website or Group, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.