The Booked Club

Website Terms and Conditions of Use

1. About the Website
   • Welcome to thebookedclub.au (Website). The 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). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).
   • Access to and use of the Website is provided by The Booked Club. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.
   • The Booked Club reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Booked Club updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms

• You accept the Terms by using the Website, registering for an account, purchasing Resources, or subscribing to a Membership.

3. Registration to use the Purchase Services
   • In order to access the Purchase 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 Purchase Services, 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 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.

4. Registration for Membership
   • In order to become a member of The Booked Club’s membership (Member), you must complete the application process outlined on the Membership Information Page and make payment of the membership fees (Membership Fees) applicable to your chosen payment method.
   • You will be required to agree to the purchase terms and conditions at the point of purchase.
5. Purchase of Resources and Returns Policy
   • In using the Purchase Services to purchase Resources through the Website, you will agree to the payment of the purchase price listed on the Website for the Resources (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 using the Purchase Services, 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.
   • 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, any costs incurred by The Booked Club for steps taken to enforce payment terms will be recoverable and payable by you.
6. Delivery – Resources
   • 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.

7. 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.
8. 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.
9. 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.
10. Information Disclaimer
    • Any information, advice, content or documentation provided on the Website, through the Membership, Resources, social media accounts, or on any other related platform do not constitute 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 on the Website, through the Membership, Resources, social media accounts, podcast, or on any other related platform. The Booked Club does not make any representations or give any warranties about its 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 that 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 on the Website, through the Membership, Resources, social media accounts or on any other related platform.
11. Copyright and Intellectual Property
    • The Website, the Membership, Resources and all of the related products of The Booked Club are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Membership, Resources, and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes and are reserved by The Booked Club or its contributors.
    • All trademarks, service marks and trade names are owned, registered and/or licensed by The Booked Club, which grants to you a worldwide, non-exclusive, royalty-free, revocable license to:
      • use the Website pursuant to the Terms;
      • copy and store the Website and the material contained in the Website in your device's cache memory; and
      • print pages from the Website for your own personal and non-commercial use.
    • The Booked Club does not grant you any other rights whatsoever in relation to the Website, the Membership or the Resources. All other rights are expressly reserved by The Booked Club.
    • The Booked Club retains all rights, title and interest in and to the Website and the Membership and Resources. Nothing you do on or in relation to the Website will transfer any:
      • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
    • You may not, without the prior written permission of The Booked Club and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Resources or material shared in the Membership, for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
12. Privacy

The Booked Club takes your privacy seriously and any information provided through your use of the Website are subject to The Booked Club's Privacy Policy, which is available on the Website.

13. 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
      • The Booked Club 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, Resources or these Terms, whether at common law, under contract, tort (excluding negligence), in equity, pursuant to statute or otherwise.
    • Use of the Website, the Membership and the Resources is at your own risk. Everything on the Website is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of The Booked Club make any express or implied representation or warranty about the Membership or the Resources 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:
      • 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;
      • the accuracy, suitability or currency of any information on the Website, the Membership, or any of the Resources; and
      • costs incurred as a result of you using the Website, the Membership or Resources.

14. Third Party Services

The Membership or Resources may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). The Booked Club does not control any Third-Party Services. The Booked Club additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Purchase Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and The Booked Club will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal agreements that apply to these Third-Party Services.

15. Limitation of liability
    • The Booked Club's 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 Services to you
    • You expressly understand and agree that The Booked Club, its affiliates, employees, agents, contributors and licensors will 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 will 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.
16. User Generated Content
    • If you choose to contribute any content to the Website or any other platform operated by The Booked Club, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).
    • By contributing content to the Website, you grant The Booked Club a perpetual, royalty-free, non-exclusive, worldwide license to use, reproduce, modify, and display Your Content in connection with the operation and promotion of The Booked Club's business. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by The Booked Club.
    • Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree The Booked Club can use that information with Your Content for advertising and promotional purposes, or any other business purpose.
    • You confirm you own or have the right to use any copyright material included in Your Content (including replies to The Booked Club social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to The Booked Club. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
    • Please ensure you keep your own copies of Your Content as The Booked Club may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
    • The Booked Club will endeavour to provide you with an appropriate credit when using Your Content on The Booked Club platforms, though you understand and agree this may not always be possible.
    • The Booked Club reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religious or otherwise objectionable and offensive.
17. Mailing List Registration
    • You may be given the option to register for The Booked Club Mailing List (Mailing List).
    • As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including your name and email address.
    • If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from The Booked Club.
18. Indemnity

You agree to indemnify The Booked Club, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including reasonable legal fees) incurred, suffered or arising out of or in connection with Your Content;
• any direct or indirect consequences of you accessing, using or transacting on the Website in breach of these Terms or any applicable law; and/or
• any breach of the Terms.

19. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute will be in the courts of South Australia.

20. Governing Law

The Terms are governed by the laws of South Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of South Australia.

21. Independent Legal Advice

You acknowledge and agree that you have had the opportunity to obtain independent legal advice prior to agreeing to these Terms.

22. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.