MEMBER TERMS
These Member Terms (‘Terms’) apply to all Members of our Services. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In signing up for any Membership Services, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our forums or sites from time to time.
1. DEFINITIONS
‘Content’ means all videos, written and digital materials, session materials, programs, techniques, ideas, and examples accessed on or through the group, our Services as part of your Membership.
‘Services’ means offline and online coaching services.
‘Member’ means a member of our Services who has access to the Content, group sessions, products and services that may be offered from time to time.
‘We’, ‘our’, ‘us’ and ‘Zoe Martin’ means Zoe Martin Pty Ltd and includes its directors, employees and contractors.
‘You’ means the Member to the group and our Services.
HOW IT WORKS:
This membership program (“Membership”) is ideally for parents and guardians of any autistic/ADHD/neurodivergent children.
The Membership program includes a private facebook group, monthly zoom sessions and access to a growing library of support materials including guest speakers, educational materials, videos and other resources. It is intended to build a community for support as well as access live coaching sessions. SMC will be moving off Facebook in 2021.
Our membership fee starts at $66 AUD per month. You can save money by signing up for the 6 month membership for $311 AUD or the annual membership for $528 AUD. We will provide 60 days notice prior to any price increase and will offer you the opportunity to cancel your membership at no charge prior to invoking the increased rate.
We will limit our group numbers to ensure everyone has an opportunity to contribute.
2. GROUP FORUM RULES (“Rules”)
2.1 By signing up for our memberships and contributing to or participating in any comments or forums, including any social media forums, you agree to the following Rules:
2.1.1 Any recommendations, comments, information, or posts (together “Posts”) you make to our website will abide by our Rules and will be made in the spirit, culture and ethos of the website;
2.1.2 You will not post any images of your child or depicting any particular behaviour;
2.1.3 You agree you will only make correct, accurate Posts in good faith and will not use aggressive, defamatory, rude, or offensive language. We will not condone bad language nor will we permit false claims, defamation, harassment, fraud, collusion, or Posts that may offend any person, visitor, or other third party. We can at any time, in our sole discretion, remove any Post and block your access to our website without notice;
2.1.4 Posts are not permitted that: encourage illegal intent; contain ads, links or other forms of advertising; solicit business; are abusive or malicious against any other participant, our staff or any third party;
2.1.5 We will also take action, where required, against any person that does not abide by these Rules in relation to Posts and where any action is taken against us by any person, visitor or any or third party as a result of your Post;
2.1.6 You may post recommendations, experiences and other information to the Group. You agree to only do so in good faith, with honest explanations using appropriate language, truthful descriptions and helpful comments;
2.1.7 The posting of comments, reviews and your experiences on the Website or in any forum is meant to try to help other group members, and to share your guidance and information. Our aim is to encourage helpful comments and feedback and hope that you will assist, benefit and find this initiative helpful for everyone. We ask that you carefully consider any comments you may post and the impact they may have in a respectful manner and ensure that they are in keeping with the ethos of the group;
2.1.8 You understand and agree that Zoe Martin may review and delete any content, including but not limited to images, messages, photos, profiles or material that in the sole judgment of Zoe Martin violates these Rules, or that might be offensive or illegal, or that might violate the rights of, harm, or threaten the safety of group members. You may be banned from using the website at any time and in the sole discretion of Zoe Martin;
2.1.9 Opinions, advice and all other information expressed by participants in discussions or Posts are those of the author and not Zoe Martin and anyone associated with our business or services. You rely on any such information at your own risk and need to make your own enquiries before taking any action related to any Post;
2.1.10 Any action you choose to take with any other member or person on or through this group or by using our services, including but not limited to the provision of your personal information, telephone, email, arranging a meeting or other activities with anyone on or through this group at your own risk. We are at no time responsible for or liable for any action you choose to take under any circumstance; and
2.1.11 Confidentiality of the group session and individual group members is essential and paramount to the success of the group as well as a fundamental requirement for our services. You are at no time to convey any group sessions or information obtain directly or indirectly from the Services or group to any person at any time. Any breach of confidentiality will be taken seriously and immediate action will be taken. You will be immediately blocked from the group, any further sessions or Services and, where appropriate, legal action may be taken.
3. PAYMENT
3.1 Membership fees are to be paid monthly, bi-annually or annually in advance unless you are eligible for and have set up an alternative funding arrangement such as government funding. By providing us with any credit card details, you agree to the monthly membership fee being deducted each month.
3.2 You can cancel at any time by providing us with 14 days written notice to [email protected] to avoid the additional monthly charge being automatically processed.
3.3 If we do not receive your payment in advance or as pre-arranged and agreed, your access to the group, any Content and Services will be stopped. You can re-join once we have received your payments up-to-date.
3.4 You agree at all times to keep your contact, payment and other information updated.
4. SERVICES
We may use different moderators, representatives, contractors or third-party services (“Representatives”) to assist us to deliver our Services from time to time. All our Representatives will be under the same duty of confidentiality as we are to provide these Services.
5. DISCLAIMER
5.1 Our Content provided as part of our Services including made available through any group session is for educational purposes only, is general in nature only and is not in any way to be construed as individual or personal advice. Any reliance you place on such information is therefore strictly at your own risk.
5.2 The Content does not take into account your individual health, medical, physical or emotional situation or needs. You should, before you act on or use any of the Content, consider the appropriateness of this information having regard to your own personal situation and needs.
5.3 You are responsible for consulting a suitable medical professional before using any of the Content or Services offered online or accessed through our Services or taking any course of action that may directly or indirectly affect your health or well-being. Our Content and Services are not a substitute for or intended to take the place of proper medical examination, diagnosis and treatment by a qualified medical professional.
5.4 We do not warrant, promise or guarantee that any of the Content or use of the Services will produce a particular result. We are only providing general educational information and to assist in provision of the Services. At no time do we provide any guarantees or warranties in relation to this Content or Services.
5.5 We encourage you to consult your own professional practitioner prior to taking any action that may impact either you or your family’s health or well-being.
5.6 Any comments, suggestions, recommendations or other information (together “Information”) that any commenter, group member or person, including any guest speaker, may make at any time including but not limited to any Post, is relied upon at your own risk. We do not validate nor recommend reliance on any Post or Information without making your own investigations and consulting your own professional practitioner. It is a no time intended to be nor should it be taken as personal advice.
6. CANCELLATION AND TERMINATION
6.1 You are solely responsible for cancelling your membership by contacting us.
6.2 We have the right to terminate or suspend your membership and access to the group and our Services, with or without notice for any breach of these Terms or any reason in our sole discretion.
6.3 We may terminate or suspend your membership if you fail to pay any fees or payments for Services when payment is due.
6.4 We may terminate or suspend your membership if you behave in a way that is risky or seriously inappropriate, threaten or harass others, act in an improper manner, are disrespectful, rude or provide instruction or information to other Members where you are not authorised by us to do so.
6.5 We may terminate or suspend your membership if you are suspected of fraudulent, abusive or illegal activity and may refer the matter to the appropriate law enforcement authorities.
6.6 Upon such termination, regardless of the reasons, your right to attend any group sessions and our Services immediately ceases and we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our Services.
6.7 We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
6.8 If you cancel or we terminate your membership, in accordance with these Terms, we are not obligated to provide any refund of any fees that may have been paid in advance.
7. LIABILITY
7.1 You take full responsibility and assume all risk for making any decision based on the Content, any group Information or contained in or as part of the Services.
7.2 You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss, damage or injury which may result from your use of or reliance on the Information, sessions, Content. the Services or any information contained on it or linked to it. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, injury or damage to person or property.
7.3 Our liability is governed solely by the Australian Consumer Law and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your statutory rights.
7.4 Except for your statutory rights, all goods and Services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of that the Services will be provided with due care and skill and fitness for a particular purpose.
7.5 When your statutory rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option, the supply of any Services again or the payment of the cost of having any Services supplied again.
7.6 In the event of any successful claim, our liability is limited to the amount of the fees for Membership Services last paid by you to us.
7.7 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
8. INDEMNITY
8.1 You agree to defend, indemnify and hold us and our officers, directors, employees, contractors, members, agents and licensees harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar including but not limited to any costs, losses, damages whether direct, indirect, consequential or special.
8.2 This indemnity includes all legal fees resulting from your breach of our Terms, any third-party claims including but not limited to your family or relatives, any activity you may engage in through any use of our Services, or your use of the Services.
9. GOVERNING LAW
These Terms are subject to the laws of the State of Queensland with the courts of the State of Queensland Australia having exclusive jurisdiction over any disputes arising in respect of this Agreement.
SUBSCRIPTION TO MAILING LIST
Part of completing this purchase is that you get added to my communications emails. You won't get spam from me. Yuck. If I have something I feel can serve you then I will send it. Your privacy is protected and if you want to bail out at any time you can.