Terms

She Simply Impacts TERMS OF USE AND MEMBERSHIP AGREEMENT

Welcome to the She Simply Impacts subscription service (She Simply Impacts Membership) and your She Simply Impacts membership (“Membership”). She Simply Impacts Membership is owned by Muninda Family and Discretionary Trust administered by the trustee company De Palma PTY LTD (ACN 126 491 852) (collectively, “us”, “our” or “we”). By accessing or using She Simply Impacts Membership, you agree to be legally bound by the following terms and conditions (“Terms of Use”). 

In order to access and use She Simply Impacts Membership, you must set up a “Membership Account” in accordance with the steps set out in section 1 of these Terms of Use. It is your responsibility to regularly check and/or review these Terms of Use and to decide whether you agree to abide by them and be bound by them. Please read these Terms of Use carefully as they detail your agreement with us as a paid member (collectively referred to as “you”, “your”). If you do not agree with any part of these Terms of Use you will not be permitted to set-up a Membership Account or use She Simply Impacts Membership. We may change, modify, add or delete portions of the Terms of Use from time to time at our sole discretion and your continued use and membership to She Simply Impacts Membership constitutes your acceptance of those changes.

1. Setting up your Membership Account

  • 1.1 In order to create a Membership Account, you will need to provide us certain personal information, including but not limited to, your name and your email address. 
  • 1.2 You can set up your Membership Account by going to our “Sales Page” via shesimplyimpacts.com/join and provide us with:
    • (i) Your first and last name;
    • (ii) Your email address and secure password;
    • (Iv) Acceptance of these Terms of Use and our Privacy Policy.
  • 1.3 You warrant that all information provided by you in relation to setting up your Membership Account is accurate, true and complete and you agree to notify us immediately in the event that any of the information you have provided us changes.
  • 1.4 Any personal information you provide us in setting up your Membership Account or throughout the course of your Membership to She Simply Impacts Membership will be handled in accordance with our Privacy Policy available at https://shesimplyimpacts.com/privacy-policy/.
  • 1.5 You acknowledge and agree that you will be responsible for maintaining the confidentiality of your Membership Account’s information identifiers (such as a password) and any account activities and you will notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.

2. Use of She Simply Impacts Membership and Prohibited Conduct:

  • 2.1 You are solely responsible for any content or information you provide us while using She Simply Impacts Membership, including but not limited to what you share in the events, photos, profiles (including your name, image and likeness), messages, comments, notes, text, website links, quotes, music, images, video, listings, and other content (“ Member Content ”) that you post, transmit, communicate, upload, distribute, store, create, use or otherwise publish or make available through She Simply Impacts Membership (“ Share ”).
  • 2.2 Your Membership and use of She Simply Impacts Membership is conditional upon your agreement to use She Simply Impacts Membership for personal use only, and your agreement not to engage in any of the following “Prohibited Conduct”:
    • (i) Share any Member Content or any other content that we consider, at our sole discretion to be;
      • (a) an infringement of any of our rights or any rights of any third party, including copyright, trade marks, patent, trade secret or any other intellectual property or proprietary rights;
      • (b) commercial in nature or Shared in return for payment of any kind from any third party;
      • (c) nowingly incorrect, misleading or fraudulent;
      • (d) defamatory;
      • (e) harmful, threatening, abusive, or harassing;
      • (f) offensive, vulgar, obscene, hateful or racially, ethically or otherwise objectionable;
      • (g) personal information of any third party, including but not limited to personal information shared in a live session, addresses, phone numbers, email addresses and credit card numbers;
      • (h) invasive of privacy or publicity rights;
      • (i) financial, legal, medical or other professional advice; or
      • (j)otherwise inappropriate.
    • (ii) Share any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
    • (iii) Share content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
    • (iv) Share unsolicited emails, junk mail, spam, promotional materials or any other uninvited correspondence or form of solicitation to any third parties;
    • (v) Attempt to alter, change, modify, adapt, translate, edit or reverse engineer any element of She Simply Impacts Membership or any content contained therein; 
    • (vi) Share She Simply Impacts Membership or any of the content contained therein in any manner that we may, in our sole discretion, consider unlawful or in any other manner that could damage, disable, overburden or impair She Simply Impacts Membership;
    • (vii) Share She Simply Impacts Membership or any of the content contained therein in any way that we may, in our sole discretion, consider to be an infringement of any of our rights or any rights of any third parties; 
    • (viii) Share She Simply Impacts Membership to solicit, harvest or collect any personal information, including, but not limited to usernames and passwords from any third parties by electronic or other means; or
    • (ix) Use automated scripts to collect information from or otherwise interact with She Simply Impacts Membership.
  • 2.3 We maintain the right to immediately terminate your Membership Account in the event that you engage in any of the above Prohibited Conduct.
  • 2.4 Whilst We take no responsibility and accept no liability for any Member Content or other content that may appear on or may be Shared via She Simply Impacts Membership, we reserve the right to remove, delete, screen, edit and monitor any Member Content or content that is contributed to She Simply Impacts Membership at our sole discretion. 
  • 2.5 You are solely responsible at your sole cost and expense for creating backup copies and replacing any Member Content you Share on or provide to She Simply Impacts Membership. 

3. Payment

She Simply Impacts Membership offers Monthly Memberships (“Membership Plans”). Fees payable for Membership Plans are available via Shesimplyimpacts.com/join

  • 3.1 We accept payment for the Membership Plans online via Stripe, Inc. (“Stripe”) subject to Stripe’s terms and conditions. We also accept payment from Paypal. We are not responsible for any losses, claims, damages or consequences due to Stripe or Paypal’s terms and conditions or for any interruptions or delays in Stripe or Paypal’s services or facilities.
  • 3.2 Your Full Membership Account will be activated upon the start of your free trial.
  • 3.3 You acknowledge and agree that Membership fees are non-refundable, unless a refund is required by law.
  • 3.4 Subject to the cancelation of your Membership Account (as elected by you) in accordance with section 5.1 below, you acknowledge and agree that your Membership will renew automatically, on:
    • (i) on a month-to-month basis.
  • 3.5 Further to section 3.5 above, you acknowledge and agree that the fees payable for your Membership will be charged to the same credit card you provided on the date you created your Membership Account, unless you specify otherwise.
  • 3.6 You acknowledge and agree that Membership fees may change at any time and may be subject to tax, collected by us or via Stripe or Paypal, through which you transact and are non-refundable except in the specific circumstances described in these Terms of Use. 
  • 3.7 If for any reason, payment for your Membership Account is declined, we reserve the right to cancel your Membership and terminate Membership Account unless you provide us, via Stripe or Paypal, with a valid form of payment

4. Cancellation and Termination of your Membership and Membership Account

  • 4.1 You may cancel your Membership and terminate your Membership Account by providing us with a “Cancellation Notice”.
  • 4.2 You may provide us with a Cancellation Notice by logging on to your Membership Dashboard and :
    • (i) Clicking on the “Subscription Info” tab, selecting cancel membership 
  • 4.3 For the avoidance of doubt, cancellation does not become effective unless this is initiated by you. 
  • 4.4 You acknowledge and agree that we do not provide any options to suspend or pause your Membership or your Membership Account.
  • 4.5 If you elect to cancel your Membership and terminate your Membership Account, you acknowledge and agree that you will not receive a refund of any Membership fees that have since been paid prior to the time of your Cancellation Notice.
  • 4.6 Without limiting any other remedy that may be available to us, we reserve the right to terminate your Membership Account without notice if, in our sole discretion, you have breached any of the provisions of these Terms of Use including, but not limited to, any Prohibited Conduct set out in section 2 of these Terms of Use
  • 4.7 Without limiting any other remedy that may be available to us, we may terminate your Membership Account, without notice, in the event that we discontinue the provision of She Simply Impacts Membership

5. Intellectual Property

  • 5.1 Nothing displayed on She Simply Impacts Membership should be construed as granting any right of use in relation to any intellectual property displayed on She Simply Impacts Membership without our written consent, unless it is made available through your affiliate tab.
  • 5.2 We grant to you a non-exclusive, non-transferable, revocable and limited licence to access and use She Simply Impacts Membership and affiliate program, only as permitted by these Terms of Use.
  • 5.3 In particular, you may not use any material on She Simply Impacts Membership to establish, maintain or deliver, or assist in establishing, maintaining or delivering your own membership platform apart from marketing content supplied through our Affiliate tab.
  • 5.4 You may not share Member Content or other content that you did not create or that you do not have permission to Share. 
  • 5.5 Subject to the rights granted to us in these Terms of Use, you retain full ownership of all of your Member Content and any intellectual property rights or other proprietary rights associated with your Member Content. By submitting any Member Content or other content to She Simply Impacts Membership, you automatically grant, and you represent and warrant that you have the right to grant, to us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence and right to use, distribute, copy, display, modify, translate, edit, exploit and commercialise that Member Content and/or content for any purpose and in any media existing now or in the future in connection with She Simply Impacts Membership or otherwise.
  • 5.6 When you Share Member Content, you authorise us to make such copies thereof as we deem necessary in order to facilitate the storage and sharing of the Member Content on She Simply Impacts Membership 
  • 5.7 You waive all moral rights or other similar rights that you may be entitled to under the laws of any and all jurisdictions throughout the world in perpetuity in any content or Member Content contributed by you to She Simply Impacts Membership. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of She Simply Impacts Membership and its nominated representatives, to any past, present and future doing of any act or omission in relation to any content or Member Content contributed by you to She Simply Impacts Membership that may otherwise infringe or breach such rights.

6. Disclaimer

  • 6.1 You acknowledge and agree to use She Simply Impacts Membership and your Membership Account at your own risk.
  • 6.2 To the extent permitted at law we exclude all conditions and warranties relating to your use of She Simply Impacts Membership that are not expressly set out in these Terms of Use.
  • 6.3 Except where specifically set out on She Simply Impacts Membership, all information and material is provided as general information only and should not be taken or relied upon as professional advice.
  • 6.4 We do not make any representations or warranty that any of the information or other content provided on She Simply Impacts Membership is reliable or accurate or complete and we do not accept any liability arising from errors or omissions. 
  • 6.5 We take no responsibility and accept no liability for any content or Member Content that is posted on or otherwise communicated to you via She Simply Impacts Membership by any other user, member or third party. The information posted in our comments, including advice and opinions, is the responsibility of those members who create the posts and do not necessarily reflect our views. Posts from users may contain medical information that is incorrect or dangerous to you or your children. Please consult your doctor or other qualified professional before relying on information you find in the community areas. 
  • 6.6 NOTWITHSTANDING ANYTHING IN THESE TERMS OF USE AND TO THE MAXIMUM EXTENT POSSIBLE AT LAW, WE EXCLUDE ALL LIABILITY:
    • (i) WHATSOEVER IN RELATION TO YOUR USE OF She Simply Impacts Membership OR ANY BREACH OF THESE TERMS OF USE;
    • (ii) ARISING FROM ANY CANCELLATION, MODIFICATION, ERROR OR INTERRUPTION IN She Simply Impacts Membership OR ITS SERVICES, WHETHER CAUSED BY US OR NOT;
    • (iii) ARISING FROM ANY DEFECT, CORRUPTION, ATTACK, VIRUS, TROJAN HORSE, INTERFERENCE, HACKING OR OTHER SECURITY OR TECHNICAL INTRUSION IN CONNECTION WITH She Simply Impacts Membership;
    • (iv) WHATSOEVER IN RELATION TO YOUR RELIANCE ON THE ACCURACY, COMPLETENESS OR PROFESSIONAL SOUNDNESS OF CONTENT MADE AVAILABLE ON She Simply Impacts Membership.

7. Liability and Indemnification

  • 7.1 Notwithstanding anything in these Terms of Use, you agree to indemnify us and hold us harmless against any direct or indirect damage, expense, loss, or cost arising from:
    • (i) your use of She Simply Impacts Membership; 
    • (ii) your breach of these Terms of Use and/or any warranty contained therein by you or your representative; or
    • (iii) your use of She Simply Impacts Membership by you on behalf of any other person or provision of any information to any other person.
  • 7.2 To the extent that our liability for breach of any implied warranty or term cannot be excluded by law, our liability will be limited, at our option, to (i) in relation to services, the re-supply of the service or the payment of the costs of having the service re-supplied; or (ii) in relation to goods, the replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of having the goods replaced or payment of the cost of having the goods repaired. 
  • 7.3 In no event will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including, but not limited to financial loss and/or loss of profits, revenue, goodwill, data or opportunity) of whatever nature howsoever arising in connection with She Simply Impacts Membership

8. Trade Promotions and Exclusive Membership Offers 

  • 8.1 We may sometimes run trade promotions for She Simply Impacts Membership members from time to time which will be subject to terms in addition to these Terms of Use. 
  • 8.2 We may provide Members the chance to take advantage of exclusive membership offers, discounts or giveaways (“Exclusive Offers”) from time to time. 

9. Warranty 

9.1 You warrant and represent:

  • (i) that you have full authority to enter into these Terms of Use;
  • (ii) that if you are under 18 years of age, you have first obtained consent from your parent or guardian to access and use She Simply Impacts Membership;
  • (iii) that all Member Content and any other content posted by you on She Simply Impacts Membership or communicated by you via She Simply Impacts Membership is original to you and will not infringe any rights of any third parties, including, but not limited to infringement of copyright or infringement of moral rights; and
  • (iv) that no Member Conversations nor any other content posted by you on She Simply Impacts Membership or communicated by you via She Simply Impacts Membership is defamatory, abusive, harassing or an infringement on our rights or a third party’s rights.

10. Functionality 

  • 10.1 She Simply Impacts Membership may make some of its content available for sharing or embedding on third party sites. Such content may not be used for commercial purposes except as part of your Affiliate marketing agreement, with out prior written consent, and content may only be shared or embedded in accordance with the functionality made available through She Simply Impacts Membership. 
  • 10.2 No rights whatsoever in any content are granted to you by virtue of the sharing and embedding functions of She Simply Impacts Membership, we reserve all rights in relation to the content, including the right to delete or remove or to require users to delete or remove shared or embedded content for any reason in our absolute discretion. Members must display sufficient contact information on the relevant website to allow She Simply Impacts Membership to make contact and/or request such removal. However, She Simply Impacts Membership will not necessarily notify Members of the decision to delete or remove shared or embedded content. 
  • 10.3 If a request is made to remove shared or embedded content from a third party website, the owner of that website must comply in a timely way, but in any case, within one business day of the request being made. 
  • 10.4 She Simply Impacts Membership does not make any warranty, representation or guarantee as to the availability or any quality of service of embedding functionality and may disable the functionality without notice.

11. Links to Third-Party Websites 

  • 11.1 From time to time She Simply Impacts Membership will contain links to third party websites, which are entirely unrelated to She Simply Impacts Membership, and any access or use by you of those third party websites is subject to the terms and conditions and privacy policies applicable to those third-party websites.
  • 11.2 From time to time She Simply Impacts Membership may display third party advertising. By displaying such advertising, we do not in any way represent that we endorse the relevant advertisement, its products, events or services, unless expressly stated. 
  • 11.3 She Simply Impacts Membership does not accept responsibility in connection with any third party website, or any third party advertising, product, event or services, whether endorsed by She Simply Impacts Membership or not. Your engagement with such third party websites or advertised products, events or services is entirely at your own risk. 
  • 11.4 She Simply Impacts Membership does not accept any responsibility for any communications or transactions between you and a third party using She Simply Impacts Membership functionality or for your participation in a third party’s event, competition or activity. 

12. Severability

  • 12.1 In the event that any clause or part of a clause is held to be unenforceable, that clause or part of a clause will be severed, and the remaining provisions will remain in full force and effect. 

13. Entire Agreement

  • 13.1 These Terms of Use constitute the entire agreement between you and us, and do not create any relationship of agency, trust or attorney between any persons. 

14. No Waiver

  • 15.1 No waiver of any provision of these Terms of Use will be effective unless agreed in writing between the parties. 

15. Governing Law

  • 15.1 These Terms of Use are governed by the laws of Queensland and you hereby submit to the non-exclusive jurisdiction of the courts of Queensland and any courts that may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use. 

16. Contacting us

  • 16.1 If you have any concerns or complaints about these Terms of Use or you think that She Simply Impacts Membership has been accessed or used by another user in breach of the Terms of Use, please email us at hello@Shesimplyimpacts.com and we’ll consider your points and determine whether there are grounds for removing the content or taking any other action. Please note that we will not necessarily contact you about our decision. 

17. Intellectual Property Infringement Notification17.1 If you have a copyright infringement notification that you wish to make us aware of, you will need to identify the material/s that you believe infringe/s your copyright, identify the protected copyright work, identify how the protected copyright work has been or is being infringed and include your contact information. You will need to sign the notice and send it to hello@shesimplyimpacts.com