The Booked Club

Purchase Terms and Conditions

Thank you for choosing The Booked Club.

These terms and conditions govern your purchase (Terms and Conditions)

 

By clicking to accept/agree, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions set out below.

1.  Services
   • The website thebookedclub.au (Website) is operated by The Booked Club Pty Ltd (ABN: 72 695 702 642) (The Booked Club).
   • The Website provides you with an opportunity to browse and purchase resources made available for purchase (Resources), and to subscribe to The Booked Club’s membership (Membership) (collectively referred to as the Services).  
   • You have agreed to make a purchase through the Website.
   • These Terms and Conditions are to be read in conjunction with the relevant payment page (Payment Page) and information page (Information Page) of the Website, relevant to your purchase.
2.  Acceptance of the Terms and Conditions
   • You accept the Terms and Conditions by clicking to accept/agree and proceeding with your purchase.
   • You may only accept the Terms and Conditions if you are over the age of 18 years.
3.  Personal Information
   • When making a purchase on the Website, you will be required to provide personal information such as your full name and email address. You are responsible for ensuring the security of your password and account information, and must notify us immediately of any unauthorised access or security concerns.
   • You agree that all details that you have provided in completing the purchase are true and correct.
   • Your personal information is kept in accordance with The Booked Club Privacy Policy (Privacy Policy), which is available on the Website.
4.  Registration for the Services
   • In order to access the Services, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to): name, e-mail address, contact number, password, address.
   • You warrant that any information you give to The Booked Club in the course of completing the registration process will always be accurate, correct and up to date.
   • 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 and Conditions.
   • You may not use the Services and may not accept the Terms and Conditions if you are not of legal age to form a binding contract with The Booked Club.
5. Registration for Membership
   • In order to subscribe to The Booked Club’s membership (Membership), you must complete the registration process outlined on the Membership Information Page on the Website (Membership Information Page) on the Website and make payment of the Membership Fees (Membership Fees) applicable to your chosen payment method.
   • All inclusions of the Membership are set out on the Membership Information Page.
   • As part of the registration process, or as part of your continued use of the Membership, you are required to provide personal information about yourself and your business (such as identification or contact details), including email address, payment Information, business name and ABN.
   • You warrant that any information you give to The Booked Club in the course of completing the registration process will always be accurate, correct and up to date.
   • Payment of the Membership Fees may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
   • In registering for the Membership, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers
   • Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable.
   • Once you have completed the registration process, and your registration is accepted, you will be a registered participant of the Membership (Participant) and agree to be bound by these Terms and Conditions.
   • The Booked Club will only accept completed registrations and reserves the right to reject a registration for any reason.
   • You may not use the Membership and may not accept the Terms and Conditions if you are not of legal age (at least 18 years) to form a binding contract with The Booked Club.
6. Participant Conduct and Obligations
   • As a Participant of the Membership, you expressly agree that you will not, through any means:

• harm, harass, hassle or abuse other Participants; or
• send un-welcomed communication such as spam to other Participants;
• send ads or self-promotion communication to other Participants; or
• act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
• infringe the intellectual property or privacy rights of any Participant or any third-party.
  • The Booked Club, at its discretion, reserves the right to remove, edit or alter any content created by you, in the Membership or on any other related platform:
  • The Booked Club retains the right to revoke your Membership or deny you access to the Membership at any time for reasonable cause. If revocation is not due to your breach, The Booked Club will provide a pro-rata refund of any prepaid Membership Fees for the unused portion of the Membership period.
  • As a Participant, you agree to comply with the following:
    • you will use the Membership only for purposes that are permitted by:
      1. the Membership Terms and Conditions; and
      2. 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 the Membership;
    • any use of your registration information by any other person, or third parties, is strictly prohibited. you agree to immediately notify The Booked Club 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 or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of The Booked Club;
    • you will not use the Membership or Website for any illegal and/or unauthorised use which includes collecting email addresses of Participants by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
    • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Membership without notice and may result in termination of the Membership. Appropriate legal action will be taken by The Booked Club for any illegal or unauthorised use of the Membership.

7. Cancellation and Termination of the Membership
   • You may cancel your Membership by providing at least 30 days written notice to The Booked Club by e-mail to thebookedclub@outlook.com.
   • The Membership Fees are non-refundable, except as required under the Australian Consumer Law or where The Booked Club terminates your Membership other than for your breach of these Terms and Conditions.
   • For the sake of clarity, if you have chosen to pay monthly, then cancellation will take effect on the next monthly billing cycle, and no further payments will be processed. If you have chosen to pay annually, cancellation will take effect on the next annual billing cycle, and no further payments will be processed. Refunds will not be provided for either payment option, irrespective of when the cancellation takes effect.
   • The Booked Club reserves the right to terminate your involvement in the Membership immediately for material breach of these Terms and Conditions, or with 48 hours notice by e-mail for non-material breaches.
   • If The Booked Club terminates the Membership due to your breach of these Terms and Conditions, you agree to pay The Booked Club for your access to the Membership until the date of
8. Resources
   • In using the Website to purchase a Resource, you will agree to the payment of the purchase price listed on the Website for the Resource (Purchase Price).
   • Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
   • In purchasing a Resource, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
   • Following payment of the Purchase Price being confirmed by The Booked Club, you will be issued with a receipt to confirm that the payment has been received.
   • You acknowledge and agree that where a request for the payment of the Purchase Price 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 banking fees and charges, associated with the Purchase Price.
   • Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999.
   • You agree that if you default on any payments due and payable under the Terms and Conditions, any costs incurred by The Booked Club for steps taken to enforce payment terms will be recoverable and payable by you.
9. Delivery of Resource and Licence Information
   • Resources are delivered as links to download sent via email following purchase, and are available for download following completion of the purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact hello@thebookedclub.com
   • The Booked Club will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account that are beyond The Booked Club's reasonable control and that result in an inability to receive the Resources.
10. Refunds
    • The Booked Club does not provide refunds for Resources except as required under the Australian Consumer Law. Please keep this in mind when making a purchase.
11. Warranty
    • The Booked Club makes no warranty that the Resources or the Membership will meet your requirements or that all parties will achieve the same results.
    • The Resources and Membership come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures, you are entitled to cancel your contract with The Booked Club and are entitled to a refund for the unused portion. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.
12. Disclaimer
    • You are solely responsible for creating and implementing Your own business, financial, marketing, mental decisions, choices, actions and results arising out of or resulting from the Membership and Resources. As such, You agree that The Booked Club is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or career, or for any direct or indirect result of any Membership or Resources provided by The Booked Club.
    • You understand that the Resources and any information you receive through the Membership are not a substitute for legal, business or financial advice. The Booked Club recommends you seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided through the Resources or Membership. The Booked Club will not be liable in any way for your use of, or reliance upon, the information or advice provided to you.
13. Information Disclaimer
    • Any information, advice, content or documentation provided through the Services or on any other related platform, including in any accompanying resources, are not a substitute for professional, financial, business or other advice, and are provided for general information and guidance purposes only.
    • All care is taken in the preparation of the information and published materials, including in any Resources. The Booked Club does not make any representations or give any warranties about accuracy, reliability, completeness or suitability for any particular purpose.
    • To the extent permissible by law, The Booked Club will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation in the Membership or Resources.
14.  Copyright and Intellectual Property Rights
    • You agree that any works, documentation, materials, Services content, creative works or information of whatever nature produced or developed by The Booked Club or under The Booked Club’s direction pursuant to or in the course of providing the Services will remain the sole and complete property of The Booked Club, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).
    • There is no assignment of Intellectual Property Rights by The Booked Club to you pursuant to these Terms and Conditions.
    • Nothing in these Terms and Conditions affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.
    • You hereby indemnify and agree to keep indemnified The Booked Club against all liability, losses or expenses The Booked Club incurs in relation to or in any way directly or indirectly connected with any breach of copyright by you under this clause.
15.  Limitation of Liability and Waivers
    • The Booked Club's total liability arising out of or in connection with the Services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the greater of: (a) the resupply of the Services to you; or (b) the total amount paid by you to The Booked Club in the twelve months preceding the event giving rise to the liability, except where such limitation is prohibited by applicable law.
    • You expressly understand and agree that The Booked Club, its affiliates, employees, agents, contributors and licensors will not be liable to you for any indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability, except where such exclusion is prohibited by law. This includes, 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.

 

• A waiver of any right, power or remedy under these Terms and Conditions must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

 

• The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms and Conditions does not amount to a waiver.

 

16.  Dispute Resolution & Mediation

If a dispute arises out of or relates to these Terms and Conditions, neither party may commence any legal proceedings in relation to the dispute (except for urgent interlocutory relief) unless: (a) that party has first given written notice of the dispute to the other party; (b) the parties have attempted in good faith to resolve the dispute through mediation with an appropriate mediator to be appointed by mutual agreement, with the costs of mediation to be shared equally between the parties; and (c) at least 30 days have elapsed since the commencement of such mediation.

17.  Force Majeure
    • If circumstances beyond The Booked Club’s control prevent or hinder its provision of the Services, The Booked Club is free from any obligation to provide the Services while those circumstances continue. The Booked Club may elect to terminate these Terms and Conditions or keep them current until such circumstances have ceased.
    • Circumstances beyond The Booked Club’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
18.  Marketing

You agree that any testimonials that may be provided by you from time to time may be used by The Booked Club for marketing purposes.

19.  Governing Law & Jurisdiction

These Terms and Conditions are governed by the laws of South Australia. In the event of any dispute arising out of or in relation to the Services, the parties agree that the exclusive venue for resolving any dispute will be in the courts of South Australia.

20.  No partnership or agency

Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

21.  Assignment

These Terms and Conditions may not be assigned without the consent of both parties.

22.  Variation

These Terms and Conditions may not be changed or modified in any way except in writing.

23.  Severance

Any provision of these Terms and Conditions, which is prohibited or unenforceable in any jurisdiction, will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provisions in any other jurisdiction.

24.  Entire Agreement

These Terms and Conditions constitute the entire agreement of the parties in respect of the matters dealt with in these Terms and Conditions and supersedes all prior agreements, understandings, undertakings and negotiations in respect of the matters dealt with in these Terms and Conditions.