Please read our Membership Terms carefully to ensure that you are fully aware of the terms and conditions which apply to you when purchasing a membership (Membership) to ‘The C Word’ community (Platform) via our website www.thecword.mykajabi.com/login (Website).
Your use of the Website and any payment you make each constitute your agreement to be bound by these Membership Terms (these Terms) and the other terms and conditions and policies referenced herein, which form the agreement between GMB Digital and Media Pte Ltd (we, us, our, or GMB) and you. If you do not agree with the Terms, you should not purchase a Membership or use the Website.
You are able to browse and view the Platform as an unregistered user, however in order to access exclusive content, you will need to sign up and become a member of the Platform (Member) by creating an account (Account). You are only able to have one account on the Platform.
Membership services will vary from time to time but may include access to exclusive content and materials, group question and answer sessions and access to our exclusive Facebook group. You will need a Facebook account in order to access this part of our services.
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
The program provided via the Platform requires active participation from you. Confidence building is a self-driven process and while our tips and information is designed to assist you, ultimately it is up to you to implement the strategies.
We do not guarantee that you will be able to achieve a certain level of confidence by using our materials.
You may apply for Membership by creating an Account on our Website and making payment of the applicable Membership fee.
You must provide complete and accurate personal and contact details at the time of creating your Account and must keep those details up to date for the duration of your Membership. We may require you to provide additional details to verify your Membership.
Any username you adopt must not be offensive or in other ways insulting or contain characteristics which belong to a third party, including names of famous persons, or another person’s names. We review Account applications and reserve the right accept or decline Membership applications without being obliged to provide a reason.
You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, whether or not you authorise such activities or actions. You must immediately notify us of any unauthorised use of your Account.
The term of your Membership will depend on which billing cycle you choose. Your Membership will automatically renew unless you provide notice of cancellation as set out below in these Terms.
CONDUCT ON THE PLATFORM
Your continuing access to the Platform is subject to you complying with our rules of conduct. When you access the Platform or participate in any forum or question and answer session, you must not in our opinion:
(b) use the Platform for any purpose for which we do not intend it to be used;
(c) cause problems or discomfort amongst other members;
(d) target any other member or subject them to undue criticism, examination, bullying, harassment, stalking or any other behaviour which makes other member’s uncomfortable;
(e) defame, harass, menace or offend any other person;
(f) post anything that is obscene, indecent, excessively violent, misleading, deceptive or fraudulent;
(g) post any material that is promotional material or advertising for commercial purposes or personal financial gain;
(h) breach any person’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(i) tamper with or modify our Platform, knowingly or recklessly transmit viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
(j) do anything which might bring us or the Platform into disrepute;
(k) do any other thing which we may proscribe from time to time; or
(l) facilitate, assist or allow any other person to do any of the above acts.
If you see anything on our Platform which you consider breaches these rules, please advise us. Our remedy to you is limited to removing the offending content or member.
We will enforce our rules of conduct in accordance with our discretion with the overarching arm of protecting the purpose and intentions of the Platform. Our decisions in relation to enforcement of the rules of conduct are not subject to review.
Payment of the Membership fee is required before access to the Platform is provided. The Membership fee will be charged on a recurring basis depending on the billing cycle you have chosen, and will be charged to your selected payment method on the calendar day corresponding to when you registered for an Account. By joining as a Member, you understand and agree that the payment method you specify when signing up will be automatically charged each month or other period (depending on your chosen billing cycle), unless you or we cancel your Membership in accordance with these Terms.
In some cases your payment date may change, for example if payment is unable to be processed or if your Membership began on a day not contained in a given month. You agree and acknowledge that you must have sufficient funds in your selected payment account in order to pay the Membership fee. You are responsible for paying any fees, such as bank fees, for any payments that are dishonoured.
Please note that if you sign up to become a Member, then you cancel your membership in accordance with these Terms and you wish to sign up later, you may not be able to access the same Membership fees as your original or previous membership.
All prices quoted on the Website, or otherwise given to you in response to any enquiry that you may make with us, are in Australian dollars.
The prices displayed on our Website are subject to change without notice to you.
Prices are exclusive of GST and GST may be payable in addition to the price quoted. There may be additional international transaction fees and credit card fees which you are responsible for paying.
We accept payment via Stripe and any other payment method provided on our Website or agreed by us. In paying or attempting to pay for your Membership, you agree that you have not engaged in any fraudulent conduct or contravened any law.
After you make payment for your Membership, you will receive a transaction confirmation email which confirms receipt of your order. Your order is not binding on us until you receive this confirmation email.
If we do not receive cleared funds within 48 hours of you submitting your Membership application or renewal request, we will email you at the email address nominated in your order to communicate about your payment. We may choose to cancel your Membership.
REFUSAL OF MEMBERSHIP
We reserve the right to refuse service to anyone for any reason at any time without being obliged to provide a reason. If we need to refuse your Membership, we will contact you and arrange a refund of the money you have paid for services we have not provided.
You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, or emotional or psychological distress or injury which may result from such cancellation.
All content, material and information (Content) provided via the Platform whether provided in writing, verbally or otherwise is for general information purposes only. We do not take into account your specific needs, objectives or circumstances in providing you with Content and no professional relationship is created between us. Where we answer questions submitted by you which contain details of your personal circumstances, you understand that we will still provide general information in response which is for use by a general audience. If you wish to obtain specific advice, we encourage you to engage a professional advisor who can take into account your individual circumstances.
In relation to the Content we provide, we advise the following:
(a) we do not provide personalized advice and the Content is not intended to be used to diagnose, treat, cure or prevent any disease, condition nor should it be used for therapeutic purposes or as a substitute for your own health or medical professional’s advice;
(b) any reliance you place on such information is strictly at your own risk; and
(c) before relying on any information or material or using any products, you should obtain your own professional advice to ensure it is relevant to and appropriate for your particular circumstances;
We urge you to contact us directly if you have any questions or require assistance and we will endeavor to assist you in identifying an appropriate personal advisor.
Please note that we do not make any representations that on following any information provided on the Platform, that you will be able to achieve a certain result.
Whilst we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
We require all Members to keep the information on the Platform confidential and not to screenshot, copy or in any other way reproduce any Content from the Platform whether in electronic or hard copy form.
Additionally, all Content provided on the Platform is copyright and for personal use only. You agree not to use the Content in any way which competes with us. If you breach this provision, we will claim our loss, damages and expenses in addition to an accounting of profits from you.
By agreeing to these Terms, you also consent to receiving further electronic communications from us in relation to the GMB business, including information relating to items, competitions, promotions, special offers and any other commercial message. Of course, you may email us to unsubscribe at any time. If you choose to unsubscribe, you may not receive the full benefits of your Membership.
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
(a) copy or use, in whole or in part, any Content;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:
i. altering or modifying any of the Content;
ii. causing any of the Content to be framed or embedded in another website; or
iii. creating derivative works from the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free, sub-licensable licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform and Website.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
The Website may contain links to third party websites. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
USE OF WEBSITE
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the Website for indefinite periods of time or cancel the service at any time, without notice to you.
We reserve the right to limit sales of Memberships to specific jurisdictions and geographical areas.
By using our Website, you represent to us that you are purchasing the Membership for your personal use. Email us if you have any enquiries about obtaining a Membership for commercial use.
By using our Website, you represent to us that you are the age of majority according to the laws in your place of residence and are capable of entering into contracts. If you are under the age of majority (a Minor), you must have permission from your parent or legal guardian. If you are the parent or legal guardian, these Terms are binding on you and in addition you agree to:
(a) supervise the Minor’s use of the Platform and their account;
(b) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their account;
(c) ensure that the Content on the Platform is suitable for the Minor using your own judgement;
(d) ensure all information submitted to us by the Minor is accurate; and
(e) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf
You may not use the Website or any Items for any illegal or unauthorised purpose, or violate any laws in your jurisdiction, including copyright laws.
You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website and all Content and products and services delivered to you through the Website are (to the maximum extent permissible by law) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement.
In this section:
(a) GMB includes its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors.
(b) Loss includes injury, loss, claim, psychological or emotional distress or injury, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise and whether such Loss is alleged or suffered by you or a third party.
To the maximum extent permissible by law:
(a) GMB shall not be liable for any Loss arising from any delays or failure in relation to the Membership or delivery of goods or services, your use of the Website or any goods or services procured using the Website, or for any other claim related in any way to your use of the Website or any goods or services, including, but not limited to, any errors or omissions in any Content, the Content being outdated, or any loss or damage of any kind incurred as a result of the use of the service or any Content or goods or services, transmitted, or otherwise made available via the Website, even if we are made aware of their possibility;
(b) GMB’s liability to you is limited to the amounts you have paid us in the last 3 months or $100, whichever is higher;
(c) GMB will not be liable for any delay or failure to perform our obligations if such delay is due to any circumstances beyond our reasonable control;
(d) GMB are not liable for any Loss arising from any delays or failure in relation to delivery of the Membership, goods or services, or for any other claim related in any way to your use of the Membership, goods or services even if we are made aware of their possibility; and
(e) You agree to release, indemnify, defend and hold harmless GMB from any claim or demand, including reasonable legal fees:
i. where made against you by any third party;
ii. arising out of your breach of these Terms or the documents and policies they incorporate by reference; and/or
iii. arising out of your breach of any law or the rights of a third party.
REFUNDS AND CANCELLATION
We do not warrant that the quality of any goods, services, information, or other material purchased or obtained via your Membership or our Website will meet your expectations, or that any errors will be corrected.
If you wish to cancel your Membership, the following shall apply:
(a) You must cancel your subscription (you can do this online) at least 5 business days before the Membership Fee is due to be paid for the following billing cycle, to allow your cancellation to be processed. If you do not cancel your subscription in this timeframe, your Membership Fee may still be deducted from your chosen payment account.
(b) If you cancel your Membership, your Account will automatically close at the end of your current billing period and your access to the Platform will be ended. We will also remove you from the Facebook group.
We will not provide refunds. All payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.
If we are in dispute, either of us may provide notice in writing particularizing the dispute and requiring attempts to resolve the matter by good faith negotiation within 14 days.
If it cannot be resolved by negotiation within 14 days, either party may refer the matter to the Australian Commercial Disputes Centre to be resolved in accordance with their guidelines which are incorporated into these Terms by reference. You agree to attend mediation before resorting to instituting any legal or court proceedings. The costs of mediation will be shared equally between us. Time is of the essence in resolving disputes with us. This clause shall not prevent either party from seeking urgent, injunctive relief.
You may not assign, transfer or delegate your Account, the benefit of these Terms, or its rights and obligations hereunder without our prior written consent. We may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at our sole discretion. If we do so, we will post notice on our Website.
We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Website. The Terms which apply at any given time are the ones currently posted on the Website, therefore you are encouraged to regularly check for changes.
We may terminate these Terms and the provision of the goods and services via the Website for reasons of convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if:
(a) you are in breach of these Terms, any applicable laws, regulations or third party rights; or
(b) you fail to comply with acceptable standards of conduct on the Platform or associated social media forums.
Any notices that need to be given to you will be sent to the email address registered when you placed your order. You can give us notices using our contact methods listed on our website.
The laws of Victoria, Australia govern these Terms. Where the Australian Consumer Law is applicable to your use of the Website or purchase of goods or services, our policies are to be read subject to that law, with any modifications set out in our policies which are not made contrary to that law.
Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.
Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction.
Please email us if you have any questions about these Terms.
Membership Terms last updated 3 June 2021.