eComm Club Membership Terms
By purchasing and/or participating in eComm Club, you accept these terms and conditions and agree to comply with and be bound by them. Please read this agreement carefully before purchasing, accessing or using eComm Club and its content.
If you do not understand or accept this agreement, please do not purchase eComm Club or access any of the materials published by Unstoppable U Pty Ltd.
This Agreement is made between Unstoppable U Pty Ltd (“Unstoppable eCommerce”, “we”, “us” and “our” as the context may require) and the individual or business (“you” or “your” as the context may require) who registers as a member of eComm Club. This Agreement governs your participation in eComm Club.
We reserve the right to amend these terms and conditions at any time, and will provide the most recent version at this link https://unstoppableecomm.com/club-terms-and-conditions
1. scope of services
1.1 eComm Club membership includes the following services:
- Monthly Guest Expert calls on eCommerce and business topics
- Monthly Facebook Optimisation calls
- Monthly Klaviyo Optimisation calls
- Monthly Coffee + Collab calls
- Monthly Ask Anything calls
- Quarterly Planning Workshops
- Access to eComm Ignitor course and other training and resources via Kajabi training portal
- Access to a private Facebook group with the Unstoppable eCommerce team and fellow eComm Club members
The eComm Club membership services outlined above are hereafter referred to as “the services” or “program or “membership”.
1.2 The services may only be accessed while you are a current paying member of the program.
1.3 Any additional services provided by the company to the client may require additional fees to be discussed and agreed upon by the parties.
1.4 The services and provided and made available by the company to the client. No compensation or discounts will be provided if the client does not access the services.
2. Client Duties
2.1 Compensation: In consideration for the Services provided by us to you as set forth in paragraph 1 above, you agree to pay us the current program fee at the time of joining as a one lump sum payment for 12 months of access or in monthly payments. You agree that you will automatically continue to be charged on a month-to-month basis until you cancel. In the event that any authorised charge applied by us to your card fails, you remain responsible for payment as agreed herein, as well as any penalty fees as detailed in paragraph (b).
2.2 Late payment fee. If any fee outlined in paragraph (a) remains unpaid on the 7th day following its due date, a penalty fee of ten percent (10%) of the payment due will be assessed. We reserve the right to restrict your access to the Services, or terminate your participation in the Services unless and until all outstanding program fees and assessed penalties are paid in full. If your Program fees remain unpaid 15 days after the initial due date, your account will be referred to our collections agency.
2.3 Payment Security and Chargebacks. To the extent that Client provides Company with Credit Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
2.4 Tools to be Provided by You. You agree to provide all tools, information and documentation that may be required by us to effectively perform said responsibilities in connection with the Services.
2.5 Additional Client Duties. You understand that your success in the program is dependent upon your level of participation in the Services. In order to get the most out of the Service, you must also work to implement the tools and strategies learned throughout the Service, and make considerable efforts toward your own personal and professional development on your own time during the term of Services. You are responsible for requesting support from us, if needed.
3.1 The term of this Agreement shall begin on the date of first payment for the Services or August 11, 2023 whichever is later, and continue until you or we terminate your membership.
4. Cancellation and Refunds
4.1 You may cancel your membership in the Program for any reason with 14 days notice before your next payment is due. You will continue to be charged the monthly fees and continue to have access to the Program until the 14-day notice period is complete. No refunds are allowed under any circumstances. Your initial membership payment is refundable in the first 30 days if you’re unsatisfied. To cancel your membership, contact firstname.lastname@example.org
5. No Guarantees
5.1 We cannot guarantee the outcome of the Services and our comments about the outcome are expressions of opinion only. We make no guarantees other than that the Services described in Paragraph 1(a) shall be provided to you in accordance with these Terms and Conditions. You acknowledge that we cannot guarantee any results of the Services as such outcomes are based on subjective factors (including, but not limited to, your participation and implementation) that cannot be controlled by us.
6. No Legal Services and No Attorney-Client Relationship
6.1 You understand that enrolment and participation in the Services does not amount to an Attorney-Client relationship between you and us, our employees, or contractors, unless we enter into a separate written agreement with you for legal services. You understand that, with respect to the Services, Company’s founder, employees and contractors are not acting in their capacity as attorneys and no statements or information made by Company’s founder, employees and contractors shall be construed as legal advice. You further understand that, although legal information may be communicated to you during the Services, such information is not legal advice. Your reliance on such legal information is at your own risk.
7.1 Client Information: Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (hereinafter referred to as “Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Client with the services specified hereunder without Client’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Client’s Confidential Information.
7.2 Participant Information: Client agrees to keep confidential any Confidential Information, as defined in paragraph 7.1, shared by fellow participants in the Program (herein referred to as “Participants”). Any Confidential Information shared by Participants is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
7.3 Company Information: Client agrees to keep confidential any Confidential Information, as defined in paragraph 7.1, shared by Company in the Program. Any Confidential Information shared by Company, its employees or contractors is confidential, Proprietary, and belongs solely and exclusively to Company. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
7.4 Non-Disparagement: Client shall, during and after the participation in the Program refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
7.5 Violations of Confidentiality: Client agrees that if Client violates or displays any likelihood of violating this paragraph 7 the Company and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.
8. Independent Contractors
8.1 Independent Contractor Relationship: These Terms and Conditions shall not render Company an employee, partner, agent of, or joint venturer with the Client for any purpose. Company is and will remain an independent contractor in its relationship to the Client. Company is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under these Terms and Conditions. Company shall be responsible to the ownership and management of the Client, but Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to these Terms and Conditions. Any advice given to Company regarding services performed for the Client shall be considered a suggestion only, not an instruction.
8.2 Taxes & Benefits: Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Client shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against Client for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.
9. Ownership of Intellectual Property
9.1 Client agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the world in any and all mediums. Company grants Client a license to use the Intellectual Property solely for Client’s own noncommercial purposes. Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property or that in any way violate Company’s Intellectual Property. Any registered or common law trademark, service mark, logo or tagline used in conjunction with the Program is property of the Company. Client may not use such trademarks or service marks for any purpose except with written permission by Company.
10.1 Company’s Warranties: Company represents, warrants and covenants that, Company has full authority to enter into these Terms and Conditions and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
10.2 Client’s Warranties: Client represents, warrants and covenants that Client has full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.
10.3 EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
11. PERSONAL INFORMATION AND PUBLICITY
11.1 Your Personal Information
(1) your identifying details being made accessible to other participants of eComm Club;
(2) use of your information to administer and evaluate the program (including sharing this information with facilitators and anyone else helping us to run or evaluate your Application or eComm Club), subject to appropriate obligations of confidentiality;
(3) receiving commercial emails from us and our approved third party providers; and
(4) use of your information for publicity and promotion for eComm Club in accordance with clause 4.2, below.
(a) We may carry out publicity and promotion for eComm Club and publish our evaluations and findings in relation to the program, although we will not publish any of your confidential, sensitive or personal information without your consent.
(b) You agree that you will participate in publicity for eComm Club and consent to the use of your name, the name of your organization/s, a summary of your Application, and photographs/recordings of your participation in eComm Club, in promotion and publications relating to eComm Club, Unstoppable eCommerce or other members of Our Group.
(c) Any publicity which you wish to carry out in relation to eComm Club must acknowledge Unstoppable eCommerce and be approved by us in advance including, without limitation, use or publication of any content, materials, or the name, image or likeness of a member of Our Group.
(d) You agree not to publish or permit publication of anything that would be in breach of these terms and conditions or otherwise detrimental or disparaging to any member of Our Group, eComm Club or any other participant. Should anything be published (including via online or social media) in connection with your involvement with eComm Club that we wish to have edited or removed, you agree to co-operate promptly with any reasonable requests we may make for that purpose.
(e) You warrant to us that there is no information you are aware of that might result in your involvement in eComm Club attracting adverse publicity. This includes but not limited to, significant adverse media or internet comments about you, court orders against you or being part of a legal case involving allegations against you which might be regarded as contrary to our values.
12. Limitation of Liability
12.1 IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND
12.2 IN NO EVENT SHALL COMPANY’S LIABILITY TO CLIENT EXCEED THE FEES PAID BY CLIENT UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
12.3 THE FOREGOING LIMITATIONS IN THIS SECTION 11 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPHS 7, 9 AND 19.
13. Effect of Headings
13.1 The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
14. Entire Agreement; Modification; Waiver
14.1 These Terms constitute the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of these Terms and Conditions shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of these Terms and Conditions shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
15. Neutral Construction
15.1 These Terms and Conditions were prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that these Terms and Conditions shall not be construed against Company merely because they were prepared by its counsel; rather, each provision of these Terms and Conditions shall be construed in a manner which is fair to both parties.
16. Changed Terms
16.1 We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
17.1 These Terms and Conditions shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under these Terms and Conditions, except to a wholly owned subsidiary entity of Client. No such assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties under these Terms and Conditions.
18.1 All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
Unstoppable U Pty Ltd
PO Box 557
19. Governing Law; Venue; Mediation
19.1 These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Tasmania as applied to contracts that are executed and performed entirely in Tasmania. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by negotiation. The parties further agree that their respective good faith participation in negotiation discussions is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
20 Recovery of Litigation Expenses
20.1 If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
21.1 If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the These Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Questions about these Terms and Conditions? Email us support [at] unstoppableecomm [dot] com. Updated: August 2023.