Throughout these Terms, the terms “Future Women Academy”, “we”, “us” and “our” refer to Future Women Pty Ltd and its associated entities, and “you” refers to the organisation purchasing a Membership. The term “Website” refers to our website located at http://futurewomenacademy.com. The term “Agreement” means these Terms and the Letter of Engagement.
1. CONTENT AND SERVICES
1.1. As part of your Future Women Academy Membership, you and your employees will have access to a range of content, special offers and other benefits (Content) available via the Website. It is your responsibility to maintain the confidentiality of your membership details and any password you or your staff create for accessing your account.
1.2. You may also be provided with other services (Services) as set out in the Letter of Engagement. In the event you request, and we agree to provide, additional Services, they will be set out in a separate letter to which these Terms will apply.
1.3. For certain matters, we may refer you to our partners, Diversity Partners Pty Ltd (ACN 141 965 148). Any services provided directly to you by Diversity Partners will be governed by a separate agreement entered into between you and Diversity Partners and we make no warranty and bear no liability in respect of those services.
1.5. All Content and any material provided as part of the provision of the Services is subject to copyright law and unless otherwise identified, copyright is held by Future Women Academy. Members should seek permission from Future Women Academy or the relevant copyright holder before sharing or distributing any Content accessed through the Website or any other material provided as a result of Services provided by us. In the event of failure to seek and be granted permission to share or distribute that material, Future Women Academy has the right to terminate your Membership and take further action as may be appropriate to protect any and all intellectual property rights Future Women Academy has in the Content.
2. FEES AND PAYMENT
2.1. We will charge you fees for your Membership (including access to the content) (Membership Fees) separate to any fees we charge you for Services (Service Fees). All fees are non-refundable.
2.2. All prices exclude GST unless otherwise specified.
2.3. All payments shall be made within 14 days of the invoice date. FW Academy shall be entitled to charge interest at the rate of 10 percent per annum on any amount outstanding beyond 30 days of the invoice date. Failure by you to pay any outstanding amount within a further 60 days will entitle us to terminate the agreement.
3. TERM AND TERMINATION
3.1. The Term of this Agreement, unless stated otherwise in the Letter of Engagement, is 1 year.
3.2. You may terminate this Agreement at any time by 14 days written notice subject to payment of any outstanding fees.
4. PRIVACY AND CONFIDENTIALITY
4.2. Each party will treat the terms of this Agreement and all Confidential Information (as defined under Australian Law) owned by the other party as confidential. Each party’s obligations of confidentiality in this clause will survive expiration or termination of this Agreement and will continue until the Confidential Information disclosed to it lawfully becomes part of the public domain.
5. THIRD PARTY CONTENT/SERVICES/EVENTS
5.1. Services and marketing material may be offered to Members including events, promotional offers and general advertising by our partners (including Diversity Partners Pty Ltd) (3P Member Services). These 3P Member Services may have additional terms that apply as set by the applicable third party, and we claim no responsibility or liability over the content, accuracy or availability of these 3P Member Services. Should you have any issue with a 3P Member Service please contact the third party directly.
6. LIMITATION OF LIABILITY
6.1. Other than as set out in this Agreement and to the extent permitted by law, we exclude all conditions and warranties whether express or implied, written or oral, statutory or otherwise including any implied warranty of merchantability of or fitness for a particular purpose relating to your Membership, including both the Content and the Services.
6.2. Neither party shall be liable to the other for any indirect, consequential, special or exemplary losses or damages (including damages for loss of revenue, loss of profits, business interruption and loss of business or opportunity) arising from any failure to perform any obligations under this Agreement, even if the other party had been advised of the possibility of such damages.
6.3. Where our liability cannot be excluded, such as in relation to Consumer Guarantees under the Australian Consumer Law or other prescribed terms under legislation, our liability for breach is limited to the Fees paid by you.
7.1. This Agreement shall in respects be governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises under these Terms.
7.2. If any provision of this Agreement is deemed invalid or unenforceable, all or part of that provision will be severed from this Agreement and will not affect the enforceability of the remaining provisions of this Agreement.
7.3. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under this Agreement shall not constitute a waiver of such right.
7.4. This Agreement contains the whole of the agreement between use and you with respect to the Websites and Services and supersedes any and all other representations or statements by either party whether oral or in writing and whether made prior or subsequent to the date of this Agreement.
7.5. In the event of any inconsistency between the Letter of Engagement and these Terms the Letter of Engagement will prevail to the extent of such inconsistency.
7.6. Any failure by a party to compel performance by the other party of any of the terms and conditions of this Agreement will not constitute a waiver of those terms or conditions, nor will it affect or impair the right to enforce those rights at a later time or to pursue remedies for any breach of those terms or conditions.
7.7. This Agreement may only be amended or varied by a written instrument signed by both Parties. Neither Party will assign its rights under this Agreement without the other party’s approval, such approval not to be unreasonably refused.
7.8. Each party enters this Agreement as an independent contractor and nothing in this Agreement will create any other relationship between them.
7.9. This Agreement may be executed in facsimile copies or other counterparts, each of which when signed by both Parties shall be deemed to be an original. Both Parties have read and fully understand this Agreement, and have had the opportunity to consult legal counsel prior to executing it.