Terms and Conditions of the Teach Me Macrame Membership

Teach Me Macrame Beginners Club Membership is an exclusive online community and resource platform for macrame enthusiasts.

These terms and conditions (Terms) are the contract between you as the online membership member (you or your) and Rebecca Jane McLennan trading as Teach Me Macrame ABN 14 944 117 410 (us, our or we, shortened to TMM or Capitalised).

By visiting or using the Membership platform at the Site, you agree to be bound by the Terms. Please read this agreement carefully and save it. If you do not agree to be bound by the Terms, you should leave the Site immediately.

Definitions
In this agreement, the following words have the following meanings:
Content means the written, video or sound content that is available for you on the Site and it may include content posted by your other members of the Site.
Governing Law means the law of Queensland.

Membership means the Teach Me Macrame Beginners Club membership. It includes the membership service we provide as set out on our Site and in this contract.
Post means Content and any other material on our Site, and includes the phrases Posted and Posting in these Terms.

Services means all of the services or benefits available with your Membership on the Site, whether free or paid.

Site means the Membership platform at https://www.tmmbeginners.newzenler.com and any other app or service designed for access by mobile phones or fixed devices and includes all web pages and social media pages controlled by us.

For clarity, the Membership platform is currently hosted by New Zenler (Membership Site) as at the date of these Terms. In agreeing to these Terms you also agree to be bound by any Terms required by the Membership Site or any other third party hosting website we use from time to time.

Our contract
These terms and conditions regulate our contractual relationship with you. By electing to join our Membership Services or use our Site free of charge, you agree to be bound by them. The contract between us comes into existence when we receive payment from you for your Membership. In entering into this contract you acknowledge and agree that you have not relied on any representation or information from any source except the definition and explanation of the Services given on our Site.
Subject to these Terms, we agree to provide to you some or all of the Services described on our Site at the prices we charge from time to time. If we give you free access to a Service or feature on our Site which is normally a paid Membership only feature or a temporary free bonus, and that Service or feature is usually subject to additional contractual terms, you agree that you will abide by those additional terms in order to gain access to that feature.

Your account and personal information
When you visit our Site, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure. You agree to inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. You agree that you have provided accurate, up to date, and complete information about yourself to us. We are not responsible for any error made as a result of such information being inaccurate. You agree to notify us of any changes in your information, such as updated credit card details or other critical personal information immediately once a change occurs. If you do not do so, we may terminate your account at our discretion.

Membership
Details of the cost and benefits of Membership are as set out on our Site and includes: a new macrame pattern pdf available monthly (Macrame Patterns); one monthly LIVE zoom meeting or a replay of the recorded meeting, if you are unable to attend; and community access via Beginner Club messenger. You may subscribe to Membership Services at any time on the basis we offer it to you at the time you elect to subscribe. If you have subscribed to the Membership Services prior to its launch, you are deemed a founding member (Founding Member) and may have additional benefits as set out on our Site and in these Terms. You do not have to take any action for these Terms to apply other than electing to be bound by the Membership.

By accepting these Terms, you instruct us to give you immediate access to the Membership Services and you know that by doing so, you may not be entitled to a refund of any Membership fees paid to us. You may not transfer your Membership to any other person. Membership is ongoing until such time as you actively cancel your Membership in accordance with these Terms.

We reserve the right to modify the Membership inclusions, rules or system and to change the Terms of this contract at any time, without notice. If, after such modifications, you continue to use your Membership, we will deem this as your acceptance of the modified Terms. Membership Fee The price payable for the Membership is set out on our Site (Membership Fee). We reserve the right to update that Membership Fee from time to time at our discretion. The Membership Fee will be in USA Dollars, if you are located in another country, you may be charged international conversion rates and be subject to an exchange rate. You will be required to pay any additional fees in this regard.

If you have joined the Membership as a Founding Member, the Price payable is a special discounted fee (Founding Member Fee). The Founding Member Fee will remain unchanged for all Founding Members on the entry level tier only as long as you remain active. The Membership Fee is inclusive of any goods and services tax or other sales tax (where it is applicable). You will pay all sums due to us under these Terms and your Membership by the means specified without any set-off, deduction or counterclaim.

Payment Terms & Renewal Payments
Your Membership Fee must be paid through credit / debit card via a third party processor (such as Stripe), or in accordance with any other method set out on our Site (Payment Terms). Any payments made through our third party payment processor may be subject to additional terms and conditions and you also agree to be bound by these terms Your Membership and licence to use the Membership Services will renew automatically each month. At the monthly renewal we will automatically take payment from your credit card as the then monthly Membership fee. If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion) immediately cease providing the Membership Services and/or charge you interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly.

Cancellation and Termination
Members may cancel their Membership at any time by contacting customer support or following the instructions set out on the Site. Cancellation will take effect the following month after notice is received. You acknowledge that any Membership Fees that have already been paid when your cancellation notice is given are non-refundable.

We reserve the right to terminate or suspend a Member at any time and for any reason with written notice. We will have no liability to you in the event this occurs. On cancellation or termination of your Membership, you acknowledge and agree that: all rights and obligations you have under these Terms cease immediately; you will retain the Membership materials provided to you during the term of the Membership for personal use only, including the use of Macrame Patterns, as well as any material you have separately purchased from us or they were downloaded for free with our consent; and we are under no obligation to forward any unread or unsent messages to you or any third party. There shall be no re-imbursement or credit if the Service is terminated due to your breach of the terms of this agreement.

We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

Intellectual Property & Licence
We own or licence all rights, title and interest (including intellectual property) in the Content on the Site, the Materials, and anything developed, adapted, modified or created by us in connection with the Membership and provision of the Membership Services. Your use of the Site and our Services to participate in the Membership we offer and your use of or access to any Content does not grant or transfer to you any rights, title or interest, other than the licensing rights set out below.

Unless otherwise agreed in writing with us, you must not: modify, alter or adapt the Macrame Patterns; remove, modify or alter any of our branding on the Macrame Pattern for any reason; copy, reproduce, modify, adapt, distribute or display the Materials; use or exploit the Materials for any reason other than the Purpose.

For the avoidance of doubt, you must not use the Materials for online tutorials, wholesale purposes or to compete with our business; and permit a third party to use the Material.

To the maximum extent permitted by law, we will have no liability for and you release and indemnify us against any liability arising directly or indirectly as a result of or in connection with: the Material being defective; and/ or the Material not meeting your requirements or being fit for any particular purpose (including the Purpose). No rights in the Material are granted to you other than as set out in the Licence.

Restrictions on what you may Post to Our Site
 We may, at our discretion, read, assess, review or moderate any Content Posted on our Site. If we do, we do not need to notify you or give you a reason. You agree that you will not use or allow anyone else to use our Site to Post Content which is or may: be malicious, defamatory, offensive, threatening, violent, sexually explicit or pornographic; solicit passwords or personal information from anyone; link to any of the material specified above, in this paragraph; and post excessive or repeated off-topic messages.

For the avoidance of doubt, Clauses 9-12 applies to all platforms and websites related to the Membership, including access to the Beginners Chat messenger. Restricted Content In addition to the restrictions set out above, a Posting must not contain: hyperlinks, other than those specifically authorised by us; keywords or words repeated, which are irrelevant to the Content Posted; the name, logo or trademark of any organisation other than yours; or inaccurate, false, or misleading information. We may refuse or edit or remove a Post that does not comply with these terms.

How we handle your Content
Our privacy policy is at https://www.tmmbeginners.newzenler.com/privacypolicy. If you Post Content to any public area of our Site it becomes publicly available to others also registered on the Site. We have no control over who sees it or what anyone does with it. You should therefore avoid Posting unnecessary confidential information.

 We require the freedom to be able to publicise our Services and your use of them. Accordingly, you irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on our Site, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights. We will use that licence only for commercial purposes of the business of our Site and will stop using it after a commercially reasonable period of time. You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.Please notify us immediately of any security breach or unauthorised use of your account.

Removal of offensive Content
For the avoidance of doubt, this paragraph is addressed to any person who comes on our Site for any purpose. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

If you are offended by any Content, you must submit a complaint to us and we will investigate in accordance with internal processes. The subject of the complaint may then be removed or may remain as determined at our sole discretion. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit. If any complaint made by you is either frivolous or vexatious, you agree that you will repay us the cost of our investigation including legal fees, if any.

Security of Our Website
You agree that you will not, and will not allow any other person to: modify, copy, or cause damage or unintended effect to any portion of our Site, or any software used within it. download any part of our Site, without our express written consent; collect or use any product listings, descriptions, or prices; collect or use any information obtained from or about our Site or the Content except as intended by this agreement; aggregate, copy or duplicate in any manner any of the Content or information available from our Site, other than as permitted by these Terms; share with a third party any login credentials to our Site; Notwithstanding the preceding clauses, we grant a licence to you to create a hyperlink to our Site for the purpose of promoting an interest common to both of us.

This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

Disclaimers
The law differs from one country to another. This paragraph applies so far as the applicable law allows. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term. The Site and our Membership and Services are provided “as is”.

We make no representation or warranty that the Site, Membership or Services: will be useful to you or of a satisfactory quality; will be fit for a particular purpose, including that you will be able to successfully learn the Macrame Patterns to others; or be available or accessible, without interruption, or without error; Your use of the Membership Services or the Site, or the exercise of any right granted under this agreement will infringe any other intellectual property or other rights of any other person.

Our Site may contain links to other third party Internet websites (Third Party Sites). We do not have power or control over any Third Party Sites and you acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our Site. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our Site or receive directly from a third party as a result of an introduction via our Site. You must make your own enquiries regarding your individual circumstances before applying any information or otherwise obtained from our Site and we disclaim all responsibility in this regard.

From time to time we may arrange Membership events on third party platforms like Facebook, Zoom or other platforms. In attending these events you will be responsible for your internet security and passwords and we shall not be liable for any loss or damage arising from use of such platforms to attend Membership Events.

Interruption to Services
If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you. You acknowledge that the Services may also be interrupted for many reasons beyond our control. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services (including loss of any data).

Limitation of liability
Our total liability to you, for any one event or series of related events, and whether in contract, tort, negligence, breach of statutory duty or otherwise, shall be limited to the amount of your monthly Membership fee. Neither party shall be liable to the other in any possible way, for any loss or expense which is: indirect or consequential loss; or economic loss or other loss of turnover, profits, business or goodwill. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

Indemnity
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of: any act, neglect or default of yours in connection with these Terms or your use of the Services; your breach of this agreement; your failure to comply with any law; a contractual claim arising from your use of the Services.
Miscellaneous matters

Severance: If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
Successors: The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
Survival: Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue. No failure: No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Notices: Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail. It shall be deemed to have been delivered: if delivered by hand: on the day of delivery; if sent by post to the correct address: within 72 hours of posting; or if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if the sender has received no notice of non-receipt.
Dispute: In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
Third Party Rights: So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
Force Majeure: Neither party shall be liable for any failure or delay in performance of this agreement that is caused by circumstances beyond its reasonable control.
Entire Agreement: These Terms contain the entire agreement between you and us in respect of its subject matter and supersedes any prior agreements or understandings between us.
Governing Law: Governing Law set out in the Definitions shall govern the validity, construction and performance of this agreement and you agree that any dispute arising from it shall be litigated in accordance with the Governing Law.
We have no obligation or liability in connection with the Program until you accept these Terms. You will be deemed to have accepted these Terms by using the Teach Me Macrame Membership materials. By accepting these Terms, you warrant that you have read and understood these Terms, including the terms of the Licence.