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Effective: Aug 8th, 2022
These terms and conditions, including our Privacy Policy, (Terms) are between Connected Women Pty Ltd (ACN 657 380 857) trading as Find Joy Community (Joy), we, us, or our) and you, the Customer (You, or Your), to govern your use of our website and mobile app (our website).These Terms form the agreement (Agreement) between Joy and you. Please read these Terms carefully before accessing or using our website. By accessing or using any part of our website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this Agreement, then you may not access our website or use any of the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
OVERVIEW
Our websites and all Content (as defined below) is owned, or licensed for use, by Joy. Joy offers this website, including all information, tools and services available from our website to you and by using our website you are deemed to have agreed to these Terms. These Terms apply to all users of our website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions of these Terms, then you may not access the website or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms. If you are eligible to be a member of Joy you may set up, or request the set up of, a “user account” (User Account) which is personal to you and allows you access to and use the services offered on our website, which may include online chats, online courses, tickets to in person events/seminars (which may be free or paid) and merchandise (Services). The Services may not all be available at all times, availability is subject to and at the discretion of Joy. All new, or updated, features or tools to our website are subject to these Terms as soon as that new, or updated, feature or tool is available for you to access. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 1 - WEBSITE TERMS
Except with the written consent of Joy, you may only use the website and the Content (as defined in Section 4 of these Terms) for personal non-commercial purposes. You may not use our website or the Content for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction and Western Australia (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your User Account and any Services (as applicable).
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse to set up a User Account or provide a Service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services is provided, without express written permission by us. We do not guarantee that our website, or any Content, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict availability of all or any part of our website (including Content) for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them. Our website uses cookies (being small data files that are served by our platform and stored on your device), tracking pixels and related technologies. Our website uses cookies dropped by us or third parties for a variety of purposes including to operate and personalise our website and the Content. Also, cookies may be used to track how you use our website to target ads to you on other websites. You can disable the use of the cookies by changing your web browser settings.
SECTION 3 – USER ACCOUNTS
If you choose, or you are provided with, a username, user identification code, password or any other piece of information in relation to your User Account as part of our security procedures (Security Information), you must treat such information as confidential. You must not disclose it to any third party. You are responsible for the safekeeping of the Security Information, and liable if your account is misused by an unauthorised person. We have the right to disable any of the Security Information, whether chosen by you or allocate by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows any of your Security Information, you must promptly notify us at hello@findjoy.com.au
SECTION 4 - INTELLECTUAL PROPERTY
Joy is the owner or licensee of all intellectual property rights in our website, and in the material published on it (including but not limited to all data, text, software, images, graphics, trademarks, logos, interfaces, photographs) (Content). Our website and the Content are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others to our website or Content posted on our website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of our website and Content must always be acknowledged. You must not use any part of the Content for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy, or download any part of our website or the Content in breach of these Terms, your right to use our website and the Content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our website.
SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Our website and the Content are provided on an “as is” and “as available” basis, and to the extent permitted by law we make no guarantee, representations, or warranties, express or implied, regarding the operations or availability of our website or the Content (including but not limited to uninterrupted, timely, secure, or error-free use). We are not responsible if information made available on our website is not accurate, complete, or current. The material on our website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on our website is at your own risk. Our website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for the Services are subject to change without notice. Prior to purchasing any Service you will be notified of the price payable for that Service at that time. For the avoidance of doubt, the price for a Service will be the price as advised immediately prior to you placing your order for that Service, we may increase the price for that Service after you have placed your order but we will not increase the price you pay for the Services the subject of that order. We reserve the right at any time to modify or discontinue a Service (or any part or content thereof) without notice. Notwithstanding any other term to the contrary, if you have paid for a Service and it is discontinued during the “term” of that Service, we will provide you with at least 30 days’ notice of its modification or discontinuance and, if the Service is a “paid” service, we will refund you part (to take into account services that may have already been rendered) or all of the purchase price. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 7 - PRODUCTS OR SERVICES
You may be notified from time to time of additional terms and conditions that apply to a Service, such additional terms and conditions are in addition to those set out in this document, and the additional terms and conditions will form part of this Agreement. Certain products or services may be available exclusively online through our website. These products or services may: (1) be subject to additional terms and conditions; (2) have limited quantities; and, (3) may be subject to a return policy (if applicable). We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right to and may, in our sole discretion, limit, or cancel, the sale of a Service to any person, geographic region, jurisdiction or quantity. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Service that we offer. All descriptions or pricing of Services are subject to change at anytime without notice, in our sole discretion. We reserve the right to refuse any order you place with us for any Service (for any reason). The restrictions noted above may include orders placed by or under the same User Account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Any offer for any product or service made on this site is void where prohibited.We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 8 – BANKING MERCHANT
You acknowledge that payments are processed by a third party banking merchant (Banking Merchant) and agree that the Banking Merchant and Joy may exchange information about you as is necessary for the purpose of this Agreement. You acknowledge that use of the Banking Merchant gateway is subject to the terms and conditions of use of the Banking Merchant.If you choose to save your credit/debit card details via the Banking Merchant’s gateway (which you are directed to from our website for the purposes of processing payment only), you acknowledge that your card details are saved at your risk and that Joy is not liable for any loss you may suffer (including but not limited to any claim, liability, damage, judgement, award, loss, cost, expense, demand, or fee (including reasonable solicitors’ fees)) due to the storing of those card details. For the avoidance of doubt, Joy does not store any card details, and if such details are collected for the purpose of providing a refund those card details are destroyed immediately after use.
SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 10 - THIRD-PARTY LINKS
Our website may contain certain Content, products, and Services provided by, and licenced from, third-parties. Our website also contains third-party links which may direct you to third-party websites that are not affiliated with us. These links are provided for your information only. Such links should not be interpreted as approved by us of those linked websites or information you may obtain from them.We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. If you choose to visit, or use, a third-party website, or its content, you do so at your own risk and acknowledge that you are bound by the terms of service of that third-party provider. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We make no representations or warranties, whether express or implied, about the quality or accuracy of material available on, or in, a third-party website, or that such material does not infringe the intellectual property rights of a third party. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request or without a request, you send certain specific submissions (for example contest entries) creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, or post in an online chat or forum (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.In our absolute discretion, we may terminate your User Account immediately and without notice if you breach or are alleged to have breached a term of this Section 11.
SECTION 12 - PERSONAL INFORMATION
Your submission of Personal Information (as that term is defined in the Privacy Act 1988 (Cth) (Act)) via our website (including for your User Account) is governed by our Privacy Policy. Our Privacy Policy is located here. Joywill only use your Personal Information to respond to your queries, process your registration as a Member, provide you with Services, to ensure you can obtain the benefits of your Membership and for administrative purposes. We may disclose your Personal Information to third parties that help us deliver our Services and your Membership (including information technology suppliers, communication suppliers and our business partners) but otherwise Joy will not share your Personal Information without your written consent unless we are required to do so by law. Joy will comply with the Australian Privacy Principles and the Act.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Notwithstanding any other term herein to the contrary and to the extent permitted by law, we reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using our website or the Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to transmit, or procure the sending of, any advertising or promotional, including any “junk mail”, “chain letter”, or “spam” or any other similar solicitation; or (m) to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including without limitation, by using email addresses associated with any of the foregoing). We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Additionally, you agree not to: (1) use our website in any manner that could disable, overburden, damage, or impair our website or interfere with any other party's use of our website, including their ability to engage in real time activities through our website; (2) use any robot, spider, scraping device, deep link, or other automatic device, tool or algorithm, to process or means to access our website for any purpose, including monitoring or copying any of the Content; (3) use any manual process to monitor or copy any of the Content or for any other unauthorised purpose without our prior written consent; (4) use any automatic or manual process to reverse engineer or decompile any part of our website; (5) use any device, software or routine that interferes with the proper working of our website; (6) attack our website via a denial-of-service attack or a distributed denial-of-service attack; (7) introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful; (8) attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of our website, the server on which our website is stored, or any server, computer or database connected to our website; (9) breach the security of our website, test or scan the vulnerability of our website, or make any unauthorised modifications to our website; or (10) use our website or the Content in any way that otherwise breaches these Terms.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We make no warranty about the website or the Content, or the benefits you may receive from your Membership. Without limitation we do not warrant that the results that may be obtained from the use of the Service or your Membership will be accurate or reliable, or that our website will be secure, error free or free from viruses. You agree that from time to time we may discontinue or suspend operation of our website or remove a Service for indefinite periods of time or cancel the Service at any time, without notice to you.You expressly agree that your use of, or inability to use, a Service, our website and the Content is at your sole risk. To the extent permitted by law, Joy, its associated entities (as that term is defined in the Corporations Act 2001 (Cth)), licensors, service providers and each of their respective officers, employees, contractors, agents, licensors, suppliers, successors and assigns (Affiliates) are not liable for damages of any kind, under any law, arising out of or in connection with your use, or inability to use, our website, any website linked to it, the Content or such other websites content or any services or items obtained through our website, or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. Joy and its Affiliates do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation. Where Joy and its Affiliates’ liability cannot be excluded, their liability is limit to the fullest extent permitted by the Australian Consumer Law.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Joy and its Affiliates harmless from and against any claim, liability, damage, judgement, award, loss, cost, expense, demand, or fee (including reasonable solicitors’ fees) made by any party due to or arising out of your breach of these Terms or the use of our website, including but not limited to your use of any document, information or Content other than as expressly authorised in these Terms.
SECTION 17 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by an applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms are effective unless and until terminated by either you or us.You may terminate these Terms at any time by:(a) ceasing to use our website for any reason. (b) notifying us that you no longer wish to use our Services and to cancel your User Account. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). For the avoidance of doubt, this includes suspending or terminating your access to your User Account.The suspension or termination shall not affect either party’s rights or liabilities.Joy may disclose any information we may have about a user in relation to an investigation or allegation that your use of our website or the Content is in breach of these Terms or is in breach of law or other regulation. Joy reserves its right to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief.
SECTION 19 – MEMBERSHIP TERMS
You may apply for, via our website, a membership to Joy which gives you access to member only content on our website, including the ability to interact with other members and to register for events (free and fee paying) (Membership). If you are granted a Membership, at the absolute discretion of Joy, you are granted that Membership subject to these Terms, including the terms in this section 19: (a) Membership is for woman, including a person who identifies as a woman, who are over the age of 50 and are based in Australia (Eligibility Criteria). (b) By requesting a Membership, you warrant that you satisfy the Eligibility Criteria at the time of submitting your Membership application by the Website in the format prescribed on the Website. (c) We may approve or reject an application for Membership entirely at our discretion. We do not need to give reasons for a decision to reject an application for Membership.(d) From the date we agree to grant Membership to an applicant (Grant Date) you will be given a 30-day free trial period (Trial Period). For the avoidance of doubt, calculation of the Trial Period is inclusive of the Grant Date. (e) During the Trial Period you will have access to all of the benefits of Membership, as if you are a full paying member. (f) If you wish to continue with your Membership after the expiry of the Trial Period, you must pay the membership fee prescribed by us from time to time on the Website (Membership Fee) to the account specified on our Website or the payment platform published on the Website. (g) By applying for a Membership you agree to be bound by these Terms and comply with these terms and any community guidelines and code of conduct that we may publish on the Website from time to time (Code of Conduct). Joy may terminate your Membership at any time if you breach any of these Terms or any Code of Conduct (including non-payment of the Membership Fee) and such a breach is unable to be rectified within 14 days after you receive a notice of that breach. (h) If you are paying monthly, you can cancel at any time and once you cancel you will not be debited for any further payments but no refunds will be made if a payment has already been processed. (i) If you are paying annually, you can cancel at any time, however no refunds will be made.
SECTION 20 – WAIVER AND ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on our website or in respect to a Service constitutes the entire agreement and understanding between you and us and govern your use of our website and that Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you a Service shall be governed by and construed in accordance with the laws of Western Australia. SECTION 22 - CHANGES TO THESE TERMS You can review the most current version of these Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website or notifying you by email (at our discretion). It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or a Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 23 - CONTACT US
If you have any questions or queries in relation to these Terms, please contact us at hello@findjoy.com.au