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Impactful ActionsTerms and Conditions
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Interpretation
In these Terms and Conditions:
"Company" means The IT Hive (ABN 70 890 321 970);
"GST" means Goods and Services Tax;
"Member" means a member of Impactful Actions;
"AC" means Impactful Actions; and
"Website" means the website of Impactful Actions.
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Operator of Club
Impactful Actions is owned and operated by the Company.
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Membership Generally
- 3.1 The Company may, at its discretion, refuse an application for membership of Impactful Actions.
- 3.2 Membership of Impactful Actions is:
- 3.2.1 open to individuals or organisations;
- 3.2.2 governed by these terms and conditions; and
- 3.2.3 is not transferable.
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Membership Benefits
- 4.1 The Company shall provide the following benefits to Members
- 4.2 Goods and services will not be provided to a Member in any month where the Member's monthly membership fee is not paid in that month.
- 4.3 Membership does not create any financial or other interest in the Company or in the assets of Impactful Actions.
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Monthly Membership Fee
- 5.1 Each month Members are required to pay the monthly membership fee to the Company in advance. There is an alternative option to prepay monthly fees on an annual basis and receive a 20% discount on fees.
- 5.2 The Company may increase the monthly membership fee from time to time, provided that Members are given at least one month's notice of the increase.
- 5.3 Payment of the monthly membership fee can only be made by way of direct debit from the credit card account nominated by the Member to the Company from time to time.
- 5.4 A Member authorises the Company to deduct the monthly membership fee from the nominated credit card account each month during their membership. This authorisation shall continue until the expiration of the one-month period of notice given by a Member when terminating their membership pursuant to clause 7.2.
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Notification of Changes
Each Member agrees to promptly notify the Company of any changes to any of the information supplied in relation to membership, including but not limited to changes to credit account and contact details. Failure to do so may prevent or delay the provision of goods and services by the Company to the Member.
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Termination of Membership
- 7.1 The Company may immediately terminate the membership of a Member where the Member:
- 7.1.1 fails to pay the monthly membership fee;
- 7.1.2 acts in a way that is prejudicial or likely to be prejudicial (as determined by the Company) to the interests of the Company or Impactful Actions; and
- 7.1.3 supplies or attempts to supply misleading information, or makes any misrepresentation to the Company.
- 7.2 A Member may terminate their membership upon giving the Company one months notice of their intention to do so
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Information provided by the Company
- 8.1 The Member acknowledges that:
- 8.1.1 the Company may send information relating to Impactful Actions to Members by any medium of its choosing;
- 8.1.2 while care shall be taken in selecting the information provided as part of the goods and services provided (or otherwise) there is no warranty by the Company that the information is accurate, complete, reliable current or error free; and
- 8.1.3 the information provided by the Company is of a general nature only and is intended for educational purposes only. It does not constitute financial product advice whether general or personal and is not general financial advice. Financial advice should be obtained from licensed advisers
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Confidentiality
The Company will maintain strict privacy on the Members' personal details and shall comply with the Company's Privacy Policy, which is set out on the Website.
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Permission to use testimonials
If a Member provides a testimonial about Impactful Actions to the Company, the Company may use the testimonial, in part or whole, to promote Impactful Actions in any format or medium at any time
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Exclusion of Liability
- 11.1 The Company is absolved from all liability to a Member however arising from economic loss, special, direct, indirect or consequential damages of any kind (including legal fees) in any way due to, resulting from or arising in connection with the MemberĖs:
- 11.1 The Company is absolved from all liability to a Member however arising from economic loss, special, direct, indirect or consequential damages of any kind (including legal fees) in any way due to, resulting from or arising in connection with the MemberĖs:
- 11.1.1 membership of Impactful Actions; or
- 11.1.2 receipt or non-receipt of any goods or services.
- 11.2 Where goods or services are not sent to a Member in a month the liability of the Company for that failure shall be limited to providing such goods and services subsequently.
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Release and Indemnity
- 12.1 In consideration of the Company accepting their application for membership, the Member:
- 12.1.1 releases and forever discharges the Company from all Claims that they may have or may have had but for this release arising from or in connection with their membership of Impactful Actions and/or their participation in any MM Club activity; and
- 12.1.2 indemnifies and holds harmless the Company to the extent permitted by law in respect of any claim by any person including but not only another Member of the Company arising as a result of or in connection with membership and/or participation in any MM Club activity.
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Website Disclaimer
- 13.1 The Company expressly disclaims all warranties implied by law in relation to the Website.
- 13.2 The Company disclaims all responsibility for any loss or damage of any kind resulting from or arising out of or any way related to:
- 13.2.1 Any errors or omissions from the Website and the contents, including technical inaccuracies and typographical errors;
- 13.2.2 Any third party website or its content accessed through links in the Website; or
- 13.2.3 use of or inability to use the Website or its contents.
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Copyright
- 14.1 All photographs, artwork and graphics used on the Website are copyright © and ownership remains with the Company.
- 14.2 No part of the Website may be reproduced, stored in, or introduced into a retrieval system, or transmitted in any form, or by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior written permission of the Company.
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No commercial exploitation
A Member shall not copy or publish or otherwise goods or services provided by the Company for commercial gain without the prior written approval of the Company.
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Assignment or novation
Company may assign its rights or interests under or novate this agreement to any third party.
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Entire Agreement
These Terms and Conditions constitute the entire agreement between the Company and the Member with respect to its subject matter and supersede all prior agreements, oral representations and understandings between the parties in connection with it.
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Varying Terms and Conditions
The Company may vary these Terms and Conditions at any time by advising the Member by any suitable means (as determined by the Company), including the use of the Website.
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