Membership
Terms and Conditions
1. Overview
1.1 This agreement sets out the terms and conditions (“T&Cs”) that govern your access to and participation in our membership program (“Membership”) facilitated and run by Rachel Anderson ABN 30 744 724 625 trading as Cool Wow Collective (“Cool Wow Collective”, “We”, “Us”, or “Our”).
1.2 These T&Cs are a legal agreement between you (“You” or “Your”), and, if the Member is not a sole trader, the entity that the Member accepts the agreement on behalf of, and Us, and by completing the online application form and clicking “apply”, You agree to be bound by these T&Cs, so it is important that You read these T&Cs carefully before applying. For the purposes of these T&Cs, entity includes partnership or limited liability company or trust.
2. Membership and Membership Fees
2.1 You may become a member by purchasing membership and completing the application form on Our website www.coolwowcollective.com (“Website”). You agree to provide accurate, current and complete information about yourself as requested or directed on the Website, and to promptly update this information to maintain its accuracy. We reserve the right to suspend or terminate your Membership if We suspect that such information is inaccurate or incomplete.
2.2 Your Membership commences when Your application has been accepted by Us and You pay the price as displayed on Our Website and in accordance with these T&Cs (“Membership Fees”).
2.3 We review applications and may and approve or deny Your Membership application including if, in our sole discretion, we believe your business is not a good fit for the Membership.
2.4 Your Membership continues until terminated in accordance with these T&Cs.
2.5 Membership continues for a period noted at the time you sign up. At the end of the Membership period, the Membership will not automatically renew.
2.6 You will pay Us the Membership Fees in full upfront, or in instalments, by credit card through our secure payment cart.
2.7 The Membership Fees irrespective of which payment option is selected, is non-refundable except as required by law. We do not provide refunds simply because Your situation has changed or You have changed Your mind. Where You have selected to pay in instalments, and you wish to cancel, the remaining payments will continue until the term of the Membership ends for that period.
2.8 If You do not pay Us any portion of the Membership Fees when due Your Membership may be cancelled, suspended, or You may be refused Membership entitlements and benefits until all outstanding amounts are paid.
3. Membership Entitlements, Benefits and Complaints Procedure
3.1 During your Membership, We will provide You with certain Membership benefits and this may include products, workshops, events or discounts (for Cool Wow or partner products and services). Membership also includes promotion of You and Your services by Us (including a personal profile on the Website) and access to networking opportunities with other Members via a private online community.
3.2 Membership benefits are subject to change. Membership benefits will be listed on the Website. Membership Fees are payable irrespective of whether you use your Membership entitlements or benefits. Please visit www.coolwowcollective.com/memberships for a list of current benefits.
3.3 We are committed to providing a high standard of service. If You have any concerns or are dissatisfied with the service You have received and wish to raise a complaint, then please submit Your complaint through Our Contact Us Form, which can be accessed www.coolwowcollective.com/contact.
3.4 Any complaint submitted in accordance with clause 3.3 above must include the following information at a minimum:
Your name;
the email address You used to apply for the Membership;
details of Your concern or complaint;
details of what You would like Us to do to resolve the matter; and
copies of any relevant correspondence.
3. 5 We will provide You with an acknowledgement of Your complaint within 3 business days of receipt. We will aim to resolve Your complaint within 14 business days of receipt. If We are unable to address the complaint within 14 business days, then We will write to You to explain what is happening with Your complaint.
4. Intellectual Property Rights
4.1 In relation to the Membership Materials:
a). We retain ownership of all Intellectual Property Rights (including Moral Rights) in Membership Materials;
b). the Membership services to the extent they contain Membership Materials, You are granted (subject to You paying Membership Fees) a limited right to use Membership Materials and:
(i) they may only be used for the purposes set out in the T&Cs, as part of Your Membership;
(ii) You will not modify the Membership Materials; and (iii) You will not sub-licence, publish, sell, or otherwise provide it or allow it to be used by third parties; and
c). where You have provided testimonials (in any format), We may use those testimonials to refer to You in Our websites, and other media (including social media channels) for the sole purpose of promoting Our Membership.
4.2 For the purposes of this clause and the T&Cs, (“Membership Materials”) means all tools developed and/or utilised by Us in performing the Membership services, including, without limitation, programs, course content, workshops, digital products, ebooks, webinars, masterclasses and videos.
4.3 During the term of Your Membership, we grant You a non-exclusive, non-transferable licence to include the Cool Wow Collective logo and promotional materials as provided in the welcome pack if Your application is accepted, on Your website and other marketing materials.
4.4 You represent and warrant that you have the right, power and authority in relation to any content you provide to us as part of your Membership application (“Freelancer Content”) and can grant the license set out below.
4.5 You retain all ownership rights in the Freelancer Content, including in all pre-existing trademarks and copyright material. You hereby grant to Us a non-exclusive, non-transferable license to use, reproduce, and modify the Freelancer Content for use in connection with Website (including the Directory).
4.5 You will indemnify, defend and hold harmless, Cool Wow Collective from any and all claims, damages, liabilities, costs, losses and expenses (including reasonable legal costs) arising from or relating to any claim, suit, proceeding, demand, or action brought by a third party against Cool Wow relating to arising from the Freelancer Content posted on the Website or Our social media channels.
4.6. You own any IP and we will only use it to promote you and your business.
5. Termination
5.1 We may terminate the T&Cs with immediate effect, by giving You written notice if:
a. You do not pay the Membership Fees when due;
b. You fail to comply with any of the provisions of these T&Cs or otherwise breach any undertaking, warranty or obligation under this agreement;
c. engaging in conduct injurious or potentially harmful to Our reputation;
d. disclosing Confidential Information without consent.
e. You fail to conform or abide by Our applicable rules, policies or procedures;
g. Your actions are contrary to Our interests;
h. We consider that mutual trust and/or confidence no longer exists; or
i. We consider there is a conflict of interest.
5.2 If We terminate Your Membership, We may, but are not obliged to, refund any prorated balance of the Membership Fee already paid by You.
5.3 You cannot cancel your Membership prior to the end of the current Membership period.
6. Disclaimer, Warranties and Indemnities
6.1 The information and advice provided during Your Membership is intended to be for educational purposes only and is not professional, legal or financial advice.
6.2 By referencing any programs, courses, products or services throughout the Membership, including any processes or other information, this does not constitute or imply Our endorsement, sponsorship or recommendation of the programs courses, products or services.
6.3 You and We agree that:
a. We and Our directors, agents or associates shall not be responsible or liable for any loss or damage resulting from Your Membership, except as expressly permitted by law and as set out in these T&Cs.
b. You have a number of rights and consumer guarantees under Australian Consumer Law, including that Our services are fit for purpose, provided with acceptable levels of care and skill, and provided within a reasonable time-period.
c. If during Your Membership, We do not meet the guarantees above, please contact Us immediately and provide Us with details and evidence (if possible) of the problem, in accordance with Clause 3.
d. If Our services are confirmed to have a major problem, We will re-supply the services or refund all or part of the Membership Fee (as applicable) to Your original payment method. The applicable refund amount will be determined by the nature of the problem and the degree to which You may have been partially responsible for the problem.
e. We do not offer refunds where You insisted on having the Membership services provided in a way that is contrary to Our advice, failed to clearly explain Your needs to Us or simply changed Your mind.
f. We cannot guarantee and We do not promise any specific results from the Membership.
g. You will indemnify Us against all loss, cost, damage or expense (including Our legal costs and associated costs of investigations and enforcement) directly or indirectly related to Your breach of these T&Cs.
6.4 Without limiting this clause 6, We will not be liable to You for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) resulting from:
a. the use or inability to use the Membership;
b. statements or conduct of any third party or other Member; or
c. Your reliance on the recommendations and suggestions of any other Member.
7. Confidentiality and Privacy
7.1 Each party agrees that, unless it has the prior written consent of the other party, it will:
a). keep confidential at all times, the Confidential Information of the other party; and
b). ensure that any personnel, advisors, employees or contractors to whom Confidential Information is disclosed, is aware of and complies with this clause.
7.2 However, the obligations of confidentiality outlined in clause 7.1 do not apply to any disclosure that:
is for the purpose of performing the T&Cs or exercising a party’s right under the T&Cs;
is required by Applicable Law; or
relates to Confidential Information which is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction and without breach of any obligation of confidence.
7.3 For the purposes of clause 7.1, confidential information in relation to a party means information of a confidential nature including information about its business, financial information, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or suppliers, this may also include: pricing lists or methods, customer or supplier information, financial performance or plans; participation or conduct during coaching or mentoring sessions, participation in any workshops or masterclasses, information relating to concepts, trade secrets, know-how, systems and processes (“Confidential Information”).
7.4 When You apply for Your Membership, We will require You to provide Us with certain personal information about You; this may include information about your finances. Your privacy is extremely important to Us and We take your privacy seriously. We will only use the personal information provided by You to Us strictly for the purposes of providing You with Our Membership services and to market to You with Your consent. Where You wish to withdraw Your consent, You can unsubscribe within the body of any email We send or inform Us via email. We will disclose and deal with Your information in accordance with. Our privacy policy which You can access at any time here www.coolwowcollective.com/privacy.
8. Referrals
8.1 As part of Your Membership you will be added to a directory of professional freelancers (Directory) Your listing on the Directory is subject to completing an application form and approval by Us. Where You have been approved, this may result in referral opportunities, however, we cannot guarantee your selection by a customer and You are solely responsible for determining whether You should accept any request by a customer.
8.2 You must not represent that you are an authorised representative or agent of Cool Wow Collective.
8.3 You must maintain an up to date listing on the Directory by notifying Us in writing of any changes to the services you offer and/or your contact details, failure to do so will result in removal from the Directory.
8.4 You agree that You will at all times deal with Cool Wow Collective, its members and Clients in an honest, lawful and professional manner, and not to intentionally do anything that is or may be harmful to or adversely affects the interests or reputation of Cool Wow Collective.
8.5 We accept no liability for any aspect of the interaction between you and the customer including but not limited to the performance, pricing or delivery of Your services.
8.6 You acknowledge and agree We simply provide you with the ability to list You and Your products and/or services on the Directory.
9. Mailing List
9.1 By becoming a Member, You consent to Us adding You to Our marketing and mailing lists and to receiving marketing messages and material from Us from time to time. You can unsubscribe from Our marketing list at any time by clicking ‘unsubscribe’ at the end of an electronic message that You receive from Us or replying with a message saying ‘unsubscribe’ in its body.
10. Security of your credit card
10.1 Credit card payments are not processed on a page controlled by us. Rather, processing of your Membership Fee takes place on the third party payment processor (Third Party Payment Processor) connected to Us. We are bound by the terms and conditions of our Third Party Payment Processor that the Platform uses to take your payment and, by offering payment through that Third Party Payment Processor, you also agree to be bound by their terms and conditions.
10.2 If you have concerns about the safety or otherwise of your card, the Platform and other Third Payment Processor terms should be read before you agree to a payment taken from your card for the Annual Program Fee installments to ensure the details are being kept safely. While we will use our reasonable commercial endeavours to ensure the safety of any details we hold, we cannot directly control the details held by third party sites and will not be liable in this regard.
11. Miscellaneous
11.1 You and We agree that We are independent contractors and that the relationship between You and Us does not constitute a partnership, joint venture, agency or the relationship of employer and employee. You must not hold yourself out as being entitled to contract, make any representations or otherwise bind Us.
11.2 The T&Cs constitute Our entire agreement with You about the subject matter and supersedes all previous agreements, understanding and negotiations on that subject matter.
11.3 The formation, construction, performance and enforcement of the T&Cs will be in accordance with the laws in force in Queensland. You and We submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
11.4 We reserve the right to change these T&Cs or to modify Membership benefits or entitlements at any time. If these T&Cs change, We will provide You with the updated version of the T&Cs or a link to the T&Cs. You may choose whether to accept the updated T&Cs or to terminate Your Membership. Where the Membership benefits or entitlements are changed, you will find the updated list of benefits and entitlements on our Membership site. For the avoidance of doubt, where you are on an existing Membership program, any increase in Membership Fees will only apply in regards to any renewal of your Membership.
11.5 Whenever possible, each provision of the T&Cs will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the T&Cs is held invalid or unenforceable, the remainder of the T&Cs will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
11.6. You cannot assign the T&Cs or otherwise deal with the benefit of it or a right under it without Our prior written consent. We may assign or novate the T&Cs or otherwise deal with the benefit of it or right under it without Your consent.