Terms

Website Terms & Conditions of Use

1. About the Website

1.1 Welcome to www.futureative.com (Website). The Website is operated by Futureative Pty Ltd (ABN: 89 686 458 695) (Futureative). Access to and use of the Website is provided by Futureative.

1.2 The Website provides you with an opportunity to browse and purchase access to events run by Futureative (Events), and add-ons to Event purchases as made available from time to time.

1.3 Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you 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 immediately.

1.4 Futureative reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Futureative updates the Terms, it will provide you with at least 30 days' notice via email to your registered email address. Any changes to the Terms take effect 30 days from the date of notice, except where changes are required by law, in which case they may take immediate effect. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by using the Website, registering as a Member, or purchasing access to an Event.

3. Registration for Events

3.1 To access an Event, you will be required to register as a user of the Website. As part of the registration process you will be required to provide personal information about yourself (such as identification or contact details), including (but not limited to) name, e-mail address, ABN, address.

3.2 You warrant that any information you give to Futureative in the course of completing the registration process will always be accurate, correct and up to date.

3.3 Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

3.4 You may not register for or purchase access to an Event if you are not of legal age to form a binding contract with Futureative.

4. Your obligations as a Member

4.1 As a Member, you agree to comply with the following:

4.2 You will use the Website only for purposes that are permitted by:

(a) the Terms;

(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your access to the Website;

(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Futureative of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Futureative providing access to Events that you purchase;

(f) you will not use the Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of your use of the Website. Appropriate legal action will be taken by Futureative for any illegal or unauthorised use of the Website; and

(h) you acknowledge and agree that any automated use of the Website is prohibited.

5. Purchase Price

5.1 In using the Website to purchase access to an Event, you will agree to the payment of the purchase price listed on the Website for the relevant Event (Purchase Price).

5.2 Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).

5.3 In using the Website, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.

5.4 Following payment of the Purchase Price being confirmed by Futureative, you will be issued with a receipt to confirm that the payment has been received and Futureative may record your purchase details for future use.

5.5 You acknowledge and agree that where a request for the payment of the Purchase Price 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 Purchase Price.

5.6 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable.

6. Delivery of Events and Licence Information

6.1 Each Event purchase grants you access to the Event through the online platform provided or other platforms used from time to time (Member Portal).

6.2 When you purchase access to an Event through the Website, Futureative grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Event and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).

6.3 The Licence is valid for the term outlined on the relevant Event information page of the Website (Licence Term). This means the Event content will be viewable via the download link for the Licence Term only. After this time access will expire.

6.4 Event access is intended for use by you only and sharing of the Licence is prohibited. This includes the sharing of any supplemental materials, digital resources, and access to any other aspect of the Event.

7. Event Refunds

7.1 You may notify Futureative of an intention to cancel your involvement in an Event through e-mail to hello@futureative.com. The following cancellation policy will apply (Cancellation Policy).

7.2 Event purchases are non-refundable. This means that if you wish to terminate your involvement in an Event, the Purchase Price is non-refundable.

8. Group Events

8.1 Where an Event has a group component, you will be considered a participant in such an Event (Participant) and you expressly agree that you will not, through any means or medium:

(a) harm, harass, hassle or abuse other Participants; or

(b) send unwelcome communication such as spam to other Participants; or

(d) infringe the intellectual property or privacy rights of any Participant or any third-party.

8.2 Futureative, at its discretion, reserves the right to remove, edit or alter any content created by you or on any platform utilised in the delivery of the Event.

8.3 Futureative retains the right to deny you access to the Event at any time for breach of these Terms.

9. Warranty

9.1 Futureative will use reasonable efforts to deliver the Events in accordance with these Terms. However, Futureative makes no warranty that the content on the Website or the Event content will meet your requirements or that all participants will achieve the same results.

9.2 The Website and the Events come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Website or Events, you are entitled to cancel your contract with Futureative and are entitled to a refund for the unused portion where applicable. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

10. Disclaimer

10.1 You are solely responsible for creating and implementing your own business, financial, marketing, and personal decisions, choices, actions and results arising out of or resulting from your use of the Website and the Events. As such, you agree that Futureative is not and will not be liable or responsible for any actions or inaction, including effects on your business, personal life or career, or for any direct or indirect result of any content shared on the Website or the Events.

10.2 You understand that the Website and the Events, and any information you receive through your involvement or interaction with Futureative are not a substitute for psychological, legal, business or financial advice. Futureative recommends you seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided through the Website or the Events. Futureative will not be liable in any way for your use of, or reliance upon, the information or advice provided to you.

11. Information Disclaimer

11.1 Any information, advice, content or documentation provided on the Website, through the Events, Member Portal or through your involvement with Futureative, 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.

11.2 All care is taken in the preparation of the information and published materials on the Website, through the Events, Member Portal, through your involvement with Futureative, social media accounts, podcast, or on any other related platform. Futureative 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, Futureative will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that 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, through the Events, Member Portal, through your involvement with Futureative, social media accounts or on any other related platform.

12. Copyright and Intellectual Property

12.1 The Website, the Events and all of the related products and content of Futureative are subject to copyright. The material on the Website and within the Events is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in Events and the compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled for these purposes and are reserved by Futureative or its contributors.

12.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Futureative, which grants to you a worldwide, non-exclusive, royalty-free, revocable license to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in your device's cache memory; and

12.3 Futureative does not grant you any other rights whatsoever in relation to the Website or the Events. All other rights are expressly reserved by Futureative.

12.4 Futureative retains all rights, title and interest in and to the Website and all related Events. Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

12.5 You may not, without the prior written permission of Futureative and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Website or content shared in the Events for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

13. Privacy

Futureative takes your privacy seriously and any information provided through your use of the Website and/or Events are subject to Futureative's Privacy Policy, which is available on the Website.

14. General Disclaimer

14.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

14.2 Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Futureative will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from Futureative's failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Events or these Terms (including as a result of not being able to use the Events or the late supply of the Events), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

14.3 Use of the Website and the Events is at your own risk. Everything on the Website and the Events is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Futureative make any express or implied representation or warranty about the Events or any products or Events (including the products or Events of Futureative) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Events, or any of its Events related products (including third party material and advertisements on the Website);

(d) the Events or operation in respect to links which are provided for your convenience.

15. Third Party Services

The Website and/or the Events may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Futureative does not control any Third-Party Services. Futureative additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Futureative will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal agreements that apply to these Third-Party Services.

16. Affiliate relationships

16.1 Futureative may engage in affiliate marketing and may allow third-party affiliate links to be made available on the Website from time to time. This means that Futureative or a third-party may earn a commission if you click on or make purchases via affiliate links. Such links will be disclosed in accordance with applicable legal requirements.

16.2 Futureative is not responsible for the content, availability, or performance of any third-party websites or services linked to or through the Website.

17. Limitation of liability

17.1 Futureative's total liability arising out of or in connection with the Website, the Events or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content or material to you.

17.2 You expressly understand and agree that Futureative, its affiliates, employees, agents, contributors and licensors will 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 will 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.

18. User Generated Content

18.1 If you choose to contribute any content to the Website or any other platform operated by Futureative, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).

18.2 By contributing content to the Website, you grant Futureative a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Futureative.

18.3 Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree that Futureative can use that information with Your Content for advertising and promotional purposes. This consent is subject to Futureative's Privacy Policy and applicable privacy laws.

18.4 You confirm you own or have the right to use any copyright material included in Your Content (including replies to Futureative social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Futureative. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

18.5 Please ensure you keep your own copies of Your Content as Futureative may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

18.6 Futureative will provide you with appropriate credit when using Your Content on Futureative platforms, except where it is technically impracticable to do so or where Your Content has been substantially modified or incorporated into derivative works.

18.7 Futureative reserves the right to remove Your Content at any time where it breaches these Terms, violates applicable laws, or is reasonably determined by Futureative to be inappropriate for the platform. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

19. Mailing List Registration

19.1 You will be given the option to register for Futureative's Mailing Lists as made available from time to time (Mailing List).

19.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including your name and email address.

19.3 If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Futureative. You may unsubscribe from the Mailing List at any time by following the unsubscribe instructions included in each email or by contacting us at hello@futureative.com. All marketing communications will comply with the Spam Act 2003 (Cth).

20. Indemnity

20.1 You agree to indemnify Futureative, 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 reasonable legal fees) incurred, suffered or arising out of or in connection with Your Content, to the extent caused by your breach of these Terms or your negligent or wrongful acts;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

21. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website, the parties agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

22. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of Victoria, Australia.

23. Independent Legal Advice

Both parties acknowledge that they have had the opportunity to obtain independent legal advice in relation to these Terms.

24. Severance

If any part of these Terms is found to be void, unenforceable or unfair by a court of competent jurisdiction, that part will be severed to the minimum extent necessary and the rest of the Terms will remain in force to the extent permitted by law.