Make Good Things Happen
Welcome to the Make Good Things Happen website. By registering to subscribe to receive our Services, you are agreeing to comply with and be bound by the following terms and conditions (“Terms“), which govern our relationship with you in relation to your use of our website and our Services.
- Acceptance of these Terms
1.1 By using our website and/or accessing our Services, you signify your acceptance to be bound by these Terms as well as any and all other terms and conditions posted on our website from time to time. If you do not accept these Terms, you must refrain from using the website and the Services.
1.2 We reserve the right to amend these Terms from time to time. As a Member you need to ensure you review the Terms from time to time. Amendments will be effective immediately upon publication on the website. Your continued use of the Services following such publication will represent an agreement by you to be bound by the Terms as amended. If you do not agree with the amendments, then you must stop using the Services. Your continued use of the Services is subject to the current Terms as amended from time to time.
1.3 In relation to the registration for Courses offered by us, you consent to the giving of information for the purposes of this Agreement by electronic communication and without limiting the generality of the foregoing, your consent and signature as to acceptance of these Terms will be completed by your ticking the acceptance box on our registration booking form.
“Business Day” means a day other than: a Saturday or a Sunday; or a day which is a public holiday in the State of New South Wales, Australia.
“Content” means any and all educational material, instruction manuals, quizzes, training exercises and educational programs, including links, words, images, videos, PDFs, templates, worksheets, eBooks or newsletters we make available to you through the website or any learning management system or any other online communication service or social media platform.
“Course” means any course of educational courses, training programs, or learning and development programs for creative businesses that we offer through the website or any learning management system or any other online communication service or social media platform, including but not limited to online training conducted in real time and self-paced educational programs.
“Course Fee(s)” means the fees charged by us to access and participate in any Course.
“GST” means the goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“learning management system” or “LMS” means any software application used by us for the administration and delivery of any Content or Courses (or both).
“Member” means any person subscribing to our Services.
“Services” means the provision of Content and Courses, designed to assist any Member in your creative business.
“Subscription Fees” means the monthly or yearly fees paid by Members to subscribe to receive our Services.
“template” means a digital file that serves as a starting point for a new digital file, document or artistic work.
“website” means makegoodthingshappen.com.au
“we”, “our” and “us” means the business partnership of R.A. Baker and A. D’Alton (ABN: 31 931 277 295) trading as ‘Make Good Things Happen‘.
“you” & “your” means any Member subscribing to our Services.
3.1 You must register to become a Member in order to access and receive our Services, Content and any associated educational and training material or services. You need to first fill in your registration details that are required in the online form to gain access to the website.
3.2 All Subscription Fees and Course Fees may be paid by PayPal. We do not process any payments on the website or store credit card information on the website, in the event payment transactions occur on our website, credit card information is directed to secure third-party payment processors using secure payment technology and those third-parties process the transaction and send us the confirmation of payment:
- ACCESS TO OUR WEBSITE
4.1 To be eligible to access to our website to receive our Services and Content, Members acknowledge and agree to the following:
4.1.1 Members must keep their log-in name and password in a secure place and you must not share your log-in name and password with any other person or allow any other person to use your log-in name and password to gain access to any of our Services.
4.1.2 Members will not transfer, sublicense or grant access to any of our Services to any other person, company, business except as agreed in these Terms;
4.1.3 Members warrant that all information you provide is true, correct, up-to-date including accurate personal information and details;
4.1.4 Members must promptly update their contact, payment and other information updated and ensure it is up-to-date, complete and accurate at all times;
4.1.5 We must receive your payment prior to you receiving and accessing our Services. If we do not receive your payment, you will not be granted access to the Services; and
4.1.6 We provide you with our Services and any associated educational and training material or services to assist you in your own creative business or for your personal education. We do not, any time, guarantee any business, increase in revenue, traffic or otherwise to your business or website.
- DELIVERY OF CONTENT & COURSES
5.1 Our Services may be wholly or partially delivered using the website, a learning management system or any other communication media, including but not limited to, Facebook, YouTube and other social media platforms, as well as email delivery of Courses, Content and other material.
5.2 You need to ensure you have the appropriate technical software, hardware and internet connection to receive our Services.
5.3 As we are an online business, our primary means of communication with you is via the email address you provide to us. We will not be responsible for any missed communication or delivery due to the email address being incorrect. Please ensure you have provided your correct and accurate email to receive our communications.
- GENERAL INFORMATION DISCLAIMER
6.1 The Content, Courses and all other digital materials we supply to Members (together “Materials“) is for general information and educational purposes only. Nothing contained in these Materials is, or is intended to be, construed as advice. We are only providing Members with facts, information, insights and educational material to assist your business. Members need to decide what may work best and is suitable for your own personal or business needs. We do not have your personal information, your individual, business or product facts or situation in mind when we provide these Materials. The Materials do not constitute nor should be treated as formal advice of any type or nature and we do not guarantee any particular results. Members need to make their own enquiries and analysis to determine if any of the information is suitable for their own particular purposes and suitable for their own situation.
6.2 Content presented in these Materials is obtained from sources believed to be reliable and is given in good faith but its accuracy and completeness is not warranted, nor does the author accept responsibility arising in any other way for the data or information, including but not limited to negligence, errors or omissions. Your use of the information is entirely at your own risk and any reliance on the information should be your own decision or done with the help of a professional advisor.
- SUBSCRIPTION FEES
7.1 The subscription packages are described on the website.
7.2 Our initial Subscription Fee will cost A$19 per month or $199 for the first year as a founding member special offer ; and after 31 December 2020 we will be offering three tiers of subscription:
Tier 1: A$9 per month or $99 per year inclusive of GST;
Tier 2: A$29 per month or $299 per year inclusive of GST;
Tier 3: A$49 per month or $499 per year inclusive of GST.
7.3 Members who continue to subscribe after 31 December 2020 will be automatically put into Tier 2, subject to their changing their subscription package to another tier.
7.4 We may review the Subscription Fees again after 31 December 2020, with any changes taking effect:
(a) in respect to monthly subscribers, three (3) months after we publish the revised the Subscription Fees on the Website; and
(b) in respect to yearly subscribers, following the end of the Member’s current subscription.
- CANCELLATION, REFUND AND TERMINATION
8.1 Cancelling your registration with the website: Members are solely responsible for cancelling your registration with the website. Members must cancel in writing by notifying us at email@example.com and receiving our confirmation.
8.2 Suspension or termination of your registration with the website at any time: We have the right to terminate your registration with the website for any reason, at any time for breach of these Terms. Members agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
8.3 Upon such suspension or termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately suspend your access to, deactivate or delete your account and all related information and files. We will 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.
8.4 We are not required to provide any refund for any Subscription Fees or part thereof to you for such suspension or termination of your registration with the website or registration to participate in any Course. Any refund will be determined at our sole discretion.
8.5 Course Fee refunds: As our Services are provided electronically and cannot be physically returned, we do not provide any refunds if you change your mind or for any other reason which does not require a refund under Australian Consumer Law (“ACL“). We at all times abide by the ACL in relation to any refunds, returns and replacements of goods or refunds or delivery of services. We may, in our sole discretion, charge an administration fee for our costs incurred in processing any refunds of Course Fees.
- OPERATION OF WEBSITE AND CONTENT
9.1 We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website. In particular, we may remove, add to or modify Content at any time without notice. We will not be liable to you or any third party for any modification when it is required.
9.2 We make no representation that the operation of the website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
10.1 Content may be provided to Members from time to time during and to enable the provision of the Services. All Content will be provided without warranties of any kind, both express and implied.
10.2 Members agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our Services, the website 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, loss or use of data even if the possibility of such loss was made known to us.
10.3 This limitation of liability clause includes any reliance by Members on the information on the website and access to or inability to use the website. Members assume all risk in using the Services and we cannot be liable for your use of or reliance on the Services. While we endeavour to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
10.4 Certain legislation including the ACL in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer Members with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (“Statutory Rights“).
10.5 Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
10.6 For the purposes of the ACL, our liability is limited to: the supplying of the goods or services to Members again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
10.7 Except for your Statutory Rights, all goods and services are provided to Members 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 merchantability and fitness for a particular purpose.
10.8 Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT
11.1 All Content, custom graphics, icons, logos and brand names are our copyright works and other materials or are registered trademarks or service marks, unregistered trade or service marks that either belong to us or are licensed to us. Your rights to use our Content, custom graphics, icons, logos and brand names do not extend beyond the limited license expressly granted in these Terms.
11.2 Members agree and acknowledge that we retain all right, title and interest in the Content and Services, including but not limited to the inventions and any other intellectual property rights contained or embodied within the Services.
11.3 Any unauthorized use of the Content and other material appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
11.4 All Content provided to Members, or presented to you during any Course, is our confidential information that is provided to you for the sole use of your participation in a Course.
11.5 Confidentiality obligations survive and continue in the event of any dispute or termination of the contractual relationship and, in any event, after the delivery of the Services.
- LIMITATIONS ON USE
12.1 The right of Members to use templates provided as part of the Content is limited to copying the template onto a memory storage facility of any computer adapt and using those templates as part of your creative business, however you may not:
12.1.1 share, sell, license or distribute the templates to third parties; or
12.1.2 publish the templates online or store or use templates in any database or other storage facility in either paper or electronic form which is intended for the storage and/or provision to users of such database or other storage facility.
12.2 Members will not reproduce the Content or used it for any purpose other than your personal private use; in particular, you agree not to:
12.2.1 print or copy all or part of the Content, save onto a memory storage facility of any computer;
12.2.2 share, sell, license or distribute Content to third parties or use Content as a component of or as a basis for any material offered for sharing, sale, license or distribution;
12.2.3 publish the Content online or store or use the Content in any database or other storage facility in either paper or electronic form which is intended for the storage and/or provision to users of such database or other storage facility; and
12.2.4 in any other way reproduce, copy, download, scrape, store, publish, transmit, re-transmit, transfer, communicate, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Content or any part or portion of the Content in any form or by any means.
13.1 We only collect information required to operate our website and to provide our Services and we keep this information in secure encrypted servers. This includes records of the customers for our Services for the purpose of administering our business and maintaining business records and financial accounts in the normal way.
13.2 We comply at all times with the Privacy Act 1988 (Cth) and the National Privacy Principles, which regulates how personal information is collected, used, disclosed, stored, secured and disposed.
13.4 We reserve the right to disclose your name and any other personal details to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
14.1 If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both parties. At no time will any communications or discussions be made public; this includes but is not limited to any social media websites of either party. Any public discussion or comments about either party are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
14.2 In the event of any dispute about the Services or Content or any aspect of these Terms, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
15.1 The parties to this agreement are independent contractors, and nothing in these Terms will be construed as creating any relationship of agency, employment, joint venture, partnership, franchise or sales representative.
- FORCE MAJEURE
16.1 Neither party to these Terms will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to, power failure, Internet Service Provider failure, epidemic, pandemic, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
17.1 In the event that one or more of the provisions of these Terms is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) will be deemed severed from the remainder of these Terms. The remainder of these Terms will be valid and enforceable.
- GOVERNING LAW
18.1 These Terms are governed by the laws of the State of New South Wales, Australia which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales for determining any dispute concerning these Terms.
These Terms were last modified on 29 Sept 2020 and are effective from that date.