1. Membership General Terms
1.1 The 52 Self Portraits Membership (the ‘Membership’) gives you access to the Membership Services (the ‘Services’) outlined on the Website on the Katie K Website (the ‘Website’) and within these Membership Terms (the ‘Terms’).
1.2 The Membership and associated Services are offered by Twice Creative Pty Ltd (ACN: 600 217 356) t/a Katie K (‘Katie K’). By continuing to apply for a Membership after reading these Terms, you are deemed to have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3 The Services include a range of content, special offers and other benefits available to you via specialised Facebook Groups (the ‘Facebook Groups’), the Website and direct communication between Katie K and you.
1.4 Katie K reserves the right to change the features, content or services related to the Membership without notice to you in order to improve the quality of the Membership offered to you or for any other reason, as its sole discretion.
2. Registration for Membership
2.1 In order to access the Services you must first register for the Membership through the Website.
2.2 As part of the registration process, or as part of your continued use of the Services, you are required to provide personal information about yourself (such as identification or contact details), including: email address, payment Information and postal address.
2.3 You warrant that any information you give to Katie K in the course of completing the registration process will always be accurate, correct and up to date.
2.4 Once you have completed the registration process, and your Membership is accepted, you will be able to access the Services and agree to be bound by the Terms (a ‘Member‘).
2.5 You are required to have a Facebook account to access the Services and become a Member.
2.6 Katie K will only accept completed applications, and reserves the right to reject an application for any reason.
2.7 If your application is accepted, you will receive a confirmation e-mail on receipt of your completed application and payment. You will then be sent a journal and invited to the relevant Facebook Groups via e-mail when your intake is to start.
2.8 You may not use the Services and may not accept the Terms if:
a) you are not of legal age to form a binding contract with Katie K; or
b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
3. Membership Inclusions
3.1 Katie K offers one membership package with various inclusions as follows:
a) Access to the 52SP private Facebook Group: this group is for your allocated intake only. This group is active for the duration of your intake (52 weeks) but you will have ongoing access to this group beyond 52 weeks;
b) 52SP HQ Facebook Group: This group is for all 52 Self Portraits members across all intakes. You will have access from orientation week until 30 days after the 52nd week of your intake.;
c) Hard copy journal;
d) Live and special events held via Facebook and Zoom as per the schedule provided to you;
e) Direct communication with Katie K;
f) And other inclusions.
3.2 All inclusions are subject to change and are offered at the sole discretion of Katie K.
4. Membership Fee
4.1 You agree to pay Katie K the Membership Fee set out as on the Website.
4.2 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD).
4.3 Amounts are GST inclusive for Australian residents, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts.
4.3 You agree and acknowledge that Katie K can vary the Membership Fee at any time by providing advanced notice to you.
4.4 If you choose to renew your Membership, you will be allocated to a new intake group for a further 12 months.
5.1 The Membership Fee can be paid on a monthly or annual basis.
5.2 If paying monthly, you will be invoiced for the first month, and after that the Membership Fee is automatically billed on a monthly basis.
5.3 The annual Membership Fee is due at registration.
5.4 You can cancel your Membership at any time by following the procedure outlined in clause 8.1.
5.5 All payments made in the course of your use of the Services are made using Stripe. When making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by Stripe’s terms and conditions which are available on their website.
5.6 You acknowledge and agree that where a request for the payment of the Membership Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Membership Fee.
5.7 You acknowledge and agree that Katie K is not responsible for any third-party payment processing fees, bank fees, transaction fees, currency conversion fees and/or adverse currency fluctuations.
5.8 In the event that any payment under these Terms are not made in full on the due date, Katie K is entitled to charge You interest at the rate of 5% per annum, calculated daily.
5.9 You agree that if you default on any payments due and payable under these Terms, any costs incurred by Katie K for steps taken to enforce payment terms will be recoverable and payable by You.
6. Member Conduct and Obligations
6.1. As a Member, you expressly agree that you will not, through any means:
a) harm, harass, hassle or abuse other Members; or
b) send un-welcomed communication such as spam to other Members; or
c) act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
d) infringe the intellectual property or privacy rights of any Member or any third-party;
e) share any content posted by any other Member or third party within the Facebook Groups outside of the Facebook Groups unless it is created by you.
6.2 Katie K, at its discretion, reserves the right to remove, edit or alter any content created by you on the Facebook Groups or any other related platform.
6.3 Katie K retains the right to revoke your Membership or deny you access to the Services at any time.
6.4 As a Member, you agree to comply with the following:
a) you will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
7. Intellectual Property Rights
7.1 You acknowledge and agree that Katie K’ name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Katie K or its affiliates whether displayed on the Website, social media accounts or on any other related platform.
7.2 You hereby indemnify and agrees to keep indemnified Katie K against all liability, losses or expenses incurred by Katie K in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Katie K or any third party by you or your agents.
7.3 In the event of failure to seek and be granted permission to share or distribute any content in the Services, including that created by other Members, Katie K has the right to terminate your Membership and take further action as may be appropriate to protect any and all intellectual property rights Katie K has in content.
7.4 For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Katie K, Katie K grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Services, and any related software, content, equipment or other materials for your specific, non-commercial use only.
8. Cancellation and Termination of this Agreement
8.1 If you are paying the Membership Fee on a monthly basis, you may cancel your Membership after the first 3 months by providing 1 month’s written notice to Katie K, before the next billing cycle. Once you have cancelled your Membership, your access to the Services will be revoked.
8.2 Once paid, the monthly annual Membership Fee is non-refundable and you are not permitted to cancel your Membership.
For Katie K
8.3 Katie K may terminate your Membership for any breach of this Agreement by providing 7 days’ written notice to you by email. At Katie K’ discretion, Katie K may allow you to remedy the breach within 3 days’ notice, or another time-frame as Katie K nominates, and in being satisfied with the remedy of the breach by you, Katie K will not terminate your Membership.
8.4 You may terminate this Agreement for a breach by Katie K of this Agreement by providing 7 days’ written notice of the breach to Katie K. During the 7 day notice period, Katie K reserves the right to remedy the breach. If Katie K remedies the breach which was the cause of the notice, the Agreement will not be terminated.
9. Third Party Services
10.1 You agree that Katie K offers the Services with no guarantee of results of any kind. You agree that any results that occur during the delivery of the Services, whether positive or negative for you or your business, are the effects of your choices.
10.2 Katie K’ total liability arising out of or in connection with the Membership and the Services, or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
10.3 You expressly understand and agree that Katie K, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
10.4 You agree and understand that any and all information or guidance provided to you by or on behalf of Katie K, is provided as general in nature and you should seek the advice of experts should you intend to rely on information in your business.
11. Information Disclaimer
11.1 Any information, advice, content or documentation provided through the Services, on the Website, social media accounts, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only. This includes information, guidance or advice provided by third-party guests and speakers on the Katie K social media accounts.
11.2 All care is taken in the preparation of the information and published materials on the Website, social media accounts, or on any other related platform. Katie K does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
11.3 To the extent permissible by law, Katie K will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, social media accounts, or on any other related platform.
12. Limitation of liability
12.1 Katie K’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
12.2 You expressly understand and agree that Katie K, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
13.1. A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
13.2. The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
14. No partnership or agency
Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.
15. Governing Law & Jurisdiction
15.1 This Agreement is governed by the laws of the Australian Capital Territory, Australia.
15.2 In the event of any dispute arising out of or in relation to the Services, Katie K agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in the Australian Capital Territory, Australia.
16.1 You agree to indemnify Katie K, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Services;
b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and
c) any breach of the terms.
17. Dispute Resolution & Mediation
17.1 If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
17.2 A party to this Agreement claiming a dispute (the ‘Dispute‘) has arisen under the terms of this Agreement, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the ‘Notice‘).
17.3 On receipt of the Notice by the other party, the parties to this Agreement (the ‘Parties‘) must within seven days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
17.4 If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by Independent Third Party as agreed or his or her nominee and attend a mediation.
17.5 It is agreed that mediation will be held in the Australian Capital Territory, Australia.
17.6 The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
17.7 All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
17.8 If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
17.9. In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.
Katie K does not agree to you to delegating, assigning, novating and/or subcontracting any obligations pursuant to this Agreement to any person or party without its prior written consent.
20. Entire Agreement and Modifications
Both you and Katie K confirm and acknowledge that:
i) This Agreement shall constitute the entire Agreement between you and Katie K and shall supersede and override all previous communications, either oral or written, between the parties;
ii) No Agreement or understanding varying or extending this Agreement shall be binding upon any party unless arising out of the specific provisions of this Agreement; and
iii) If for whatever reason there is inconsistency between this Agreement and any other Agreement, this Agreement shall prevail.