These Member Terms (“Terms”) apply to all Members to this website and our Services. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In signing up for any membership of our website or Services, you agree to be bound by these Terms as well as any and all general Terms and Conditions posted on our website from time to time.
“Content” means any and all material, links, words and images including but not limited to any information, recommendations, comments, and advertisements submitted or posted to or provided on our website by us and users of our website.
“Member” means a member of our website who has access to our Content and Services.
“Services” means the Content, memberships, discussion forums, products and services, learning management system, coaching services, and employment information provided on our website by us and users of our website.
“the website” means The Garden Frankston website.
“We”, “our” and “us” means The Garden Frankston including its directors, officers, employees, and contractors.
“You” and “User” means the Member of our website.
- You will not share your password or login details with any other person.
- You will not transfer, sublicense or grant access to any of our Content or Services to any other person, company or business, except as agreed in these Terms.
- You will not share, recreate or otherwise reproduce any Content or Services on or provided through our website, or otherwise transmitted to you by us, except as agreed in these Terms and as intended. No reproduction, distribution or transmission of the copyrighted Content or Services is permitted without our written permission.
- You will not sell, resell, share or otherwise provide any Content or Services in any way, manner, medium or create derivative works to any third party.
- You will not transmit any viruses, malware, worms, etc. of any kind and you will not upload, post, host or transmit unsolicited material or messages to the website.
- You will keep your contact, payment and other information updated.
- You will use our Content and Services in good faith and will not manipulate, alter, circumvent or in any way use our Content or Services in an unlawful manner or for unlawful means, whether directly or indirectly.
- You agree to the following rules for room hire:
- To use the room for corporate purposes only and not for any unlawful purpose;
- To be in attendance at the room during the hire;
- To ensure they and their guests conduct themselves at all times in a respectful and lawful manner in the room;
- To keep noise to a respectable volume;
- To leave the room in a clean and tidy state;
- To turn off lights, air-conditioning and heating when leaving;
- To return furniture to their original position when leaving;
- To remove all rubbish from the room when leaving; and
- To not smoke, consume alcohol or take prohibited drugs in the room.
Additional charges may apply as a result of any non-compliance, damage or cleaning. Members are individually responsible for paying any expenses resulting from damage to equipment or the premises or any additional cleaning required.
Members must comply with any additional terms and conditions of hire we may separately impose.
We may, in our sole discretion, refuse or cancel any hire, and cancel or terminate a membership at any time, without notice for any non-compliance with these room hire terms.
- The Content is provided for information only, is general in nature, and is not in any way to be construed as individual or personal advice. Any reliance you place on such information is therefore strictly at your own risk.
- The Content does not take into account your personal situation or needs. You should, before you act on or use any of the Content, consider the appropriateness of the information having regard to your own personal situation and needs.
- You are responsible for consulting a suitable professional before relying on any of the Content on our website. All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to, substitute professional, financial or legal advice.
- We do not warrant, promise or guarantee that any of the Content or use of the Services will produce a particular result. We are only providing general educational information and to assist in provision of the Services. At no time do we provide any guarantees or warranties in relation to this Content or Services.
- You are solely responsible for cancelling your membership through the website or by contacting us.
- We have the right to terminate or suspend your membership and access to the website, with or without notice for any breach of these Terms or any reason in our sole discretion.
- We may terminate or suspend your membership if you fail to pay any fees or payments for Services when payment is due.
- We may terminate or suspend your membership if you behave in a way that is risky or seriously inappropriate, threaten or harass others, act in an improper manner, or otherwise breach these Terms or our General Terms and Conditions.
- If we suspect that you have engaged in any unlawful activity, we may refer you to the appropriate law enforcement authorities.
- Upon termination of your membership, regardless of the reasons, your right to use the website and our Services immediately ceases and we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website and Services.
- We shall 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.
- If you cancel or we terminate your membership, in accordance with these Terms, we are not obligated to provide any refund of any fees that may have been paid in advance.
- LIABILITY AND INDEMNITY
- You agree that we are not liable for any direct,
indirect, consequential or incidental loss, damage or injury which may result
from your use of our website or your reliance on any information on our website,
whether from errors or omissions in our documents or information, any goods or
services we may offer or from any other use of the website. This includes your
use or reliance on any third party content, links, comments or advertisements.
Your use of, or reliance on, any information or materials on this website is
entirely at your own risk, for which we shall not be liable.
- It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- In addition, you agree to fully indemnify us, our officers, employees, agents and successors in rights, and keep us at all times fully indemnified from and against any claims, demands, costs, damages or awards (direct, indirect, actual, consequential or incidental) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, made by any party which arises out of or in any way related to your use of our website or your reliance on any information on our website.
- COMPETITION AND CONSUMER ACT
- Our liability is governed by the Australian Consumer
Law (ACL), including any consumer guarantees provided by the ACL that cannot be
excluded or modified. All other
conditions and warranties which may be implied by custom, or statute are
expressly excluded by these Terms.
- Our liability to you will be limited to the supplying of any goods or services to you again, the replacement of the goods, or the payment of the cost of having the goods or services supplied to you again.
- Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.