Hot & Healthy Academy Membership Terms and Conditions

Hot & Healthy Academy Membership Terms and Conditions

Nicole van Hattem trading as Hot & Healthy in Business (Hot & Healthy / We / Us / Our), are offering a Membership to individuals to the Hot & Healthy Academy which provides affordable business training and coaching, to assist You to successfully start, run and grow a small business (Hot & Healthy Academy).

By signing this agreement or making payment of the fees set out in this agreement to Hot & Healthy, You are indicating Your acceptance of and agreement to be bound our standard terms and conditions set out below.

1. Application for Membership and Agreement to these Terms and Conditions

• To apply to become a Member of the Hot & Healthy Academy (Membership Application), You must complete Our Application Form and agree to pay Our Membership Fees for the Membership Category of membership You nominate.

• Our Membership Categories and Membership Fees are set out in the Schedule.

• By completing and submitting Our Application Form, You warrant that:

• The information You provide is accurate and complete; and

• You have read and agree to be bound by these terms and conditions should your Membership Application be accepted and You become a Member.

• You acknowledge that acceptance of You as a Member is at the sole discretion of Hot & Healthy and that We have the right to refuse your Membership Application without explanation.

2. Supply of Membership Services

• If We accept Your Membership Application and confirm You are approved as a Member of Hot & Healthy Academy (Academy Member), We shall use our best endeavours to provide to You the benefits listed in the Schedule for the appropriate Membership Category (Services).

• We reserve the right to make changes to the benefits listed in the Schedule, should that be necessary to comply with any safety, other statutory requirements and/or for any other reason which does not materially affect the nature of the benefits provided in that Membership Category.

• Any changes or additions to the Services provided in a Membership Category or to these Terms generally will be notified to You as a Member in writing in advance of those changes taking place.

3. Your Obligations

• As an Academy Member, You agree to conduct yourself in a professional and business-like manner, treating other members with respect at all times.

• In your dealings with Hot & Healthy and the Hot & Healthy Academy and other members You must at all times be truthful, build trust and goodwill, and display a positive and supportive attitude.

• You must not send any unsolicited or spam correspondence, whether by email, post or otherwise to any other Academy Member, without first obtaining their consent to add them to a distribution list or otherwise.

• You are not permitted to represent Hot & Healthy or the Hot & Healthy Academy in any public, media or other relationship without prior permission of the Hot & Healthy.

• If We receive a complaint about Your behaviour in connection with the Hot & Healthy Academy or any Academy Member’s behaviour, We reserve the right to suspend or terminate Your membership or that other person’s membership. Such complaints would constitute a breach of these terms.

4. Payment Options and Methods

• Your Academy Membership in the Membership Category You nominate will commence on the later of:

• Hot & Healthy receiving payment in accordance with the requirements of the Membership Category; or

• Hot & Healthy confirming acceptance of Your Membership Application (Commencement Date). Your Academy Membership will continue from the Commencement Date until the termination of this agreement (the Term).

• Where You nominate a Monthly Academy Membership, You agree to pay the Monthly Payments set out in the Schedule at the time and in the manner set out in the Schedule.

• Where You nominate an Annual Academy Membership, You agree to pay 12 monthly payments as set out in the Schedule by standing order and provide us with irrevocable authority to debit Your nominated account in the amount of each monthly instalment for the period of 12 months from the Commencement Date.

• Following the expiry of the Term, Academy Membership and payment requirements will continue until either party terminates in accordance with these Terms.

• Payment of Membership Fees is as detailed in the Schedule.

• Failure to pay any Monthly Fee will result in suspension of Your Membership.

5. Termination of Membership

• You may terminate Your Membership and this agreement at any time, by suspending payment (if a Monthly Academy Membership). 

• We may at any time terminate the contract by immediate written notice if the You commit any material breach of these terms.

• Subject to clause 6(d), no refunds will be provided where Membership has been terminated during the Term.

6. Liability

• We agree that We will use reasonable care and skill as far as reasonably possible in providing the services and support that are included in the Membership Categories. Where We use the services of any agent or third party (such as Faculty Members, speakers at events or other individuals), We do not give any warranty, guarantee or indemnity in that respect.

• You acknowledge, that whilst (a) above applies, We cannot warrant or guarantee any particular outcome for You or Your business, as:

• Each person and each business is different;
• How You chose to apply or interpret the information or insights gained through the Hot & Healthy Academy will depend on You and your individual circumstances; and
• The information and insights provided as part of the Hot & Health Academy will be general information only, and will not be tailored to Your individual business or circumstances.

• Should You require information or advice in relation to a specific scenario or Your specific business, You are recommended to engage an expert in an appropriate field to provide such information or advice.

• To the extent that Our Services come with guarantees that cannot be excluded under the Australian Consumer Law the following will apply. For major failures with the Services, You are entitled to cancel your service contract (this agreement) with Us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract (agreement) and obtain a refund for the unused portion of the contract.

• Other than in (d) above, to the extent permitted by law, We make no representations, warranties or promises in relation to our services or the Academy Memberships.

7. Confidentiality and Intellectual Property

• You must not, without the prior written consent of Hot & Healthy, use or disclose any Confidential Information belonging to Hot & Healthy or included in the Hot & Healthy Academy, unless expressly permitted by these terms and conditions to do so, or by law or any regulatory authority.

• Upon ceasing to be an Academy Member, You must return, or at Our option destroy all Confidential Information of Hot & Healthy or included in the Hot & Healthy Academy that is in Your possession or control.

• Nothing in these terms and conditions constitutes a transfer of ownership of or licence to use any Intellectual Property rights (including our logo, marketing material, systems, processes or other similar information) of Hot & Healthy to an Academy Member.

8. Privacy Policy

• Any Personal Information provided by an Academy Member to Us in the Membership Application will be dealt with in accordance with Our Privacy Policy which can be located at: hotandhealthyglobal.com

• You agree to use your best endeavours to protect the privacy of other Academy Members and to treat all information discussed at any event or session in which You participate during Your Academy Membership with the strictest confidence.

• Notwithstanding the above clause, You consent to:

• Us publishing and promoting Your details on Our Website and other social media pages from time to time;

• Being photographed or filmed from time to time at any Hot & Healthy Academy events You might attend as part of Your Academy Membership;

• Us using any photographs and films taken for promotional purposes on our website or social media pages from time to time.

9. General Terms
   1. Relationship: Nothing in this agreement constitutes Us as an employee, partner, joint venture partner or agent of You.
   2. Governing Law: This agreement is governed by the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of that state.
   3. No Assignment: You may not assign any Your Membership or any rights or benefits under this agreement without Our prior written consent.
   4. Entire agreement: This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this agreement.
   5. Amendment: An amendment or variation to this agreement is not effective unless it is in writing and signed by all the parties.
   6. Dispute Resolution: If a dispute arises between the parties, the complainant must not commence any court or arbitration proceedings, except where that party seeks urgent interlocutory relief, unless it has first complied with this clause:
      • The complainant must inform the respondent in writing of the following:
   7. The nature of the dispute;
   8. The outcome the complainant desires, and
   9. The action the complainant believes will settle the dispute.
10. Endeavour to resolve dispute

• On receipt of the complaint by the respondent, both parties will make every effort to resolve the dispute by mutual negotiation within 14 business days.

1. Any unresolved dispute or difference whatsoever arising out of or in connection with this agreement shall be submitted to mediation.
2. This clause survives termination of this agreement.

1. Waiver and amendments: Any waiver by any party to a breach of this agreement shall not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
2. Events beyond control: Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities.
3. Severance: If anything in this agreement is unenforceable, illegal or void, it is severed and the rest of the agreement remains in force.
4. Notices: A notice or other communication to a party must be in writing and delivered to that party either personally or posted to their address when it will be treated as having been received on the second business day after posting.
5. Counterparts: This agreement may be executed in any number of counterparts each of which will be an original but such counterparts together will constitute one and the same instrument and the date of the agreement will be the date on which it is executed by the last party.
6. Electronic Signature: This agreement may be executed by any and all parties by way of affixing an electronic signature which identifies the person affixing the signature. It is agreed that affixing an electronic signature is a reliable method of indicating approval of the contents of this agreement. This agreement may also be executed and delivered by email and the parties agree that such scanned execution and email delivery will have the same force and effect as delivery of an original document with original signatures. In either case, each party may use such electronic signature or scanned signature as evidence of the execution and delivery of this Agreement by all parties to the same extent that an original signature could be used.
7. Costs: Each party will pay their own costs in relation to this agreement.

Schedule

Hot & Healthy reserve the right to vary the membership fees from time to time by written notice to Academy Members.