Marketers Club GrowthHUB™ Membership Terms & Conditions (please print and read)
These terms and conditions (Terms of Membership) govern the relationship between the Marketers Club ABN 15 126 159 331 and the Marketers Club GrowthHub™ (GROWTHHUB) and You in relation to your membership of the Marketers Club GrowthHub™ (Membership).
Subject to compliance with these Terms of Membership and GROWTHHUB’s acceptance of your Application, in consideration of your payment of the Fees, the GROWTHHUB agrees to provide Membership to you on the terms of these Terms of Membership.
1. The GROWTHHUB promotes business relationships and transactions through continual networking with likeminded business owners to help build stronger relationships and networks and share strategies and ideas with each other.
2. Subject to the conditions set out in clause 3 being fulfilled, in consideration of Your payment of the Fees in accordance with clause 4, the GROWTHHUB will provide you with Membership to the Marketers Club GrowthHUB™ in your area. As a Member, the GROWTHHUB will:
a. allocate you to a GrowthHUB;
b. provide you with access to Members only Facebook page;
c. promote your business, by publishing your name and business on the Marketers Club GROWTHHUB website under the relevant GrowthHUB.
3. When your Membership is approved, you will be allocated to a GROWTHHUB.
4. You are required to use your best endeavours to bring one visitor to a GROWTHHUB meeting at least once per calendar month.
2. Dealings between Members
1. The GROWTHHUB does not endorse any member, or their expertise, standards or capabilities and accepts no liability in relation to any business conducted by or between Members.
2. A decision to conduct business with another member is the sole responsibility of the member and is conducted at each member’s sole discretion and risk.
3. Becoming a Member
Prior to your Membership being considered by the Marketers Club GROWTHHUB for acceptance, you must submit an Application to the Marketers Club.
1. The Marketers Club will give you written notice of any acceptance of your Application. The Marketers Club may accept or reject your membership in its sole discretion.
2. On acceptance of your application by the Marketers Club, You will be required to pay the Fees in accordance with clause 4(1)(a).
3. Subject to acceptance of your membership, your membership and a binding agreement between you and The Marketers Club GrowthHUB™ (comprising these Terms of Membership) will commence on the date you pay the fees, and will continue for the initial term, unless terminated earlier pursuant to these terms of membership.
4. At the end of the initial term, you may apply to renew your membership for a further term. Once accepted, you must pay the membership fee in accordance with clause 4(1)(b).
4. Fees & Payment Terms
1. You must pay:
a. on acceptance of your Membership by the GROWTHHUB, the membership fee; and
b. on each renewal of your membership, the membership fee.
2. The Marketers Club GrowthHUB™ Manager will invoice you for the fees upon acceptance of your Application.
3. All invoices are payable within 7 days of receipt.
4. The Marketers Club may vary the fees from time to time on notice to you. The Marketers Club will provide a minimum of 30 days’ notice of fee changes by email to your last recorded email address. Such change in fees will be effective when you renew your membership for a further term.
5. Your Obligations
1. As a Member of the Marketers Club GrowthHUB™, you will:
a. subject to clause 3, attend the meeting for your GrowthHUB every month;
b. use your best endeavours to bring one visitor to a GrowthHUB meeting;
c. undertake, within 60 days of acceptance of your membership by the Marketers Club, a Fast Start membership;
d. not SPAM or send excessive or unsolicited marketing or other material to members or visitors to a GrowthHUB;
e. be an active and motivated member of the GROWTHHUB; and
f. treat each Member or person you interact with in connection with your membership with respect. The Marketers Club GrowthHUB™ does not tolerate bullying and harassment of any kind.
2. From time to time, the Marketers Club GrowthHUB™ may provide you with collateral. You must:
a. not copy, or attempt to duplicate or imitate any collateral;
b. not assert, or seek to register, ownership of any collateral in any way (including by adding any proprietary notice on any collateral), or otherwise use collateral in any way without express written consent from the Marketers Club GrowthHUB™ (except for the express purpose for which it was provided);
c. not sell, lease, assign, or transfer, in whole or in part, or provide any third parties with the collateral; and
d. use all reasonable efforts to protect the collateral from unauthorised use, reproduction, distribution or publication; and
e. keep the collateral confidential,
unless otherwise expressly agreed by The Marketers Club GrowthHUB™ in writing.
3. We understand that our Members have other commitments. For this reason, as a Member, you may be absent from the meeting of your GrowthHUB two (2) times every twelve (12) months.
6. Privacy and Direct Marketing
2. The Marketers Club GrowthHUB™ and/or its Members may send you promotions, offers or other direct marketing. You can opt out of receiving these communications at any time, however declining to receive communications from The Marketers Club GrowthHUB™ may mean that you cannot take full advantage of your Membership.
3. The Marketers Club GrowthHUB™ does not authorise and is not in any way responsible for marketing communications sent to members by other members. If you do not wish to receive marketing or other communications from another members, you should contact that member directly.
7. Representations, warranties and acknowledgements
1. You acknowledge and agree that
a. You have exercised your own judgment in respect of membership and have not relied on any representation, promise, warranty or undertaking by The Marketers Club GrowthHUB™, its directors or agents;
b. The Marketers Club GrowthHUB™ provides no representation, promise or undertaking as to the composition of members in each GrowthHUB. You may not be the only member in The Marketers Club GrowthHUB™ who is a professional in your field or industry.
c. The Marketers Club GrowthHUB™ may introduce new members to existing GrowthHUBs, and in its sole discretion restructure or disband a GrowthHUB. If your GrowthHUB is restructured or disbanded, where possible, you will be offered a position in another GrowthHUB. If you are offered a position in a nearby GrowthHUB, but you decline that invitation, your membership will be terminated and The Marketers Club GrowthHUB™ will not be required to refund any fees that you have paid.
2. You warrant in favour of The Marketers Club GrowthHUB™ the accuracy and legality of all representations that you provide to The Marketers Club GrowthHUB™ and Members, and the representations that The Marketers Club GrowthHUB™ provides to others (including members) on your behalf (with your authority). you agree that you are fully liable for any and all loss, damage or liability incurred by The Marketers Club GrowthHUB™ or another member arising as a result of breach of this warranty.
3. You unconditionally and irrevocably agree that The Marketers Club, its directors, employees and agents, are not liable to you in any way for any loss, damage, liability or injury incurred by you or the business that you represent arising directly or indirectly in connection with your membership or this agreement with The Marketers Club GrowthHUB™.
1. You may cancel your membership at any time before the expiry of the current term on written notice to The Marketers Club GrowthHUB™.
2. The Marketers Club GrowthHUB™ may terminate your Membership:
a. immediately on notice to you:
i. if you fail to make payment of your Fees, without prejudice to The Marketers Club GrowthHUB™ rights to recover any overdue payments;
ii. pursuant to clause 4; or
iii. acting reasonably, if you are otherwise in breach of these terms of membership and such breach, if capable of remedy, is not remedied within thirty (30) days of notice from The Marketers Club GrowthHUB™ of such breach; or
b. without cause on thirty (30) days’ notice to you subject to refund of a proportion of the membership fee being equivalent to the balance of the current term.
3. Upon termination of membership you must continue to keep confidential all copies of any collateral that The Marketers Club GrowthHUB™ has made available to you during the membership.
4. Unless your membership is terminated in accordance with clause 8(1), any fees paid are not refundable in the event of early termination by either party.
9. Dispute Resolution
1. If any dispute between you and The Marketers Club GrowthHUB™ arises out of or in connection with the terms of membership (dispute), you must notify the director(s) of The Marketers Club GrowthHUB™ of the dispute by email at email@example.com. The parties must use their best endeavours to resolve the dispute within ten (10) business days of the matter being referred to the director(s) of The Marketers Club GrowthHUB™.
2. If the matters in dispute are not resolved within ten (10) business days, the dispute shall be submitted to mediation in Victoria in accordance with, and subject to mediation rules of the Resolution Institute.
3. The mediation process will terminate if the dispute is not settled within thirty (30) days of the commencement of mediation or the appointment of a mediator (whichever is the later date) (unless such period is extended by agreement of the parties). Once the mediation is terminated, either party will be entitled to commence court proceedings in relation to the matter or matters in dispute.
4. Notwithstanding the existence of a dispute each party shall continue to perform its obligations under the terms of membership.
5. In no circumstances will The Marketers Club GrowthHUB™ be responsible for any dispute arising between you and another member. Any such dispute will be resolved between members without any contribution or involvement from The Marketers Club GrowthHUB™.
1. The terms of membership and any other information made available to you by The Marketers Club GrowthHUB™ in relation to membership (including collateral) is confidential information. You must not disclose and must keep that information confidential at all times until that confidential information becomes generally available to, and known by, the public other than due to a breach of an obligation of confidence owed by you under these terms of membership.
2. You must not make or authorise any press release or other public statement concerning The Marketers Club GrowthHUB™ or your membership without the prior written consent of The Marketers Club GrowthHUB™.
3. Any publicity, advertising or other materials containing references to The Marketers Club GrowthHUB™, or using The Marketers Club GrowthHUB™ intellectual property (whether registered or unregistered), must not be distributed or made public without The Marketers Club GrowthHUB™’s prior written consent.
11. Transfer of Membership and assignment
Your membership, and your rights and obligations under these terms of membership are not transferrable by you, nor able to be exchanged, resold or redeemed for cash. The Marketers Club GrowthHUB™ may assign or novate its rights or obligations under these terms of membership on written notice to you.
12. No Waiver
Failure by The Marketers Club GrowthHUB™ at any time to enforce the provisions of these terms of membership will not be a waiver of any of The Marketers Club GrowthHUB™ ‘s rights under these Terms of Membership.
The Marketers Club GrowthHUB™ may give notice by email to amend these terms of membership. If you renew your membership you will be deemed to have agreed to the amendment and such amended terms of membership will apply for the new term following your renewal.
14. Implied Warranties
1. These terms of membership and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties and, subject to the express terms contained in these Terms of Membership, all previous negotiations, representations, warranties, arrangements and statements (if any), whether expressed or implied, including any collateral agreement or warranty, regarding the subject matter or the intentions of either of the parties are hereby excluded and cancelled. You acknowledge that You have not been induced to enter into these Terms of Membership by any representation, advice or information given or made by or on behalf of The Marketers Club GrowthHUB™.
2. To the extent permitted by law, should The Marketers Club GrowthHUB™ be liable for breach of a condition or warranty implied by Division 1, Part 3-2 of Schedule 2 (The Australian Consumer Law) of the Competition and Consumer Act 2010 (Cth) (other than a condition or warranty implied by section 51 of Schedule 2) The Marketers Club GrowthHUB™ ‘s liability for the breach will be limited to one of the following as determined by The Marketers Club GrowthHUB™:
a. the supplying of 12 months’ Membership again; or
b. the payment of the cost of having 12 months’ Membership supplied again.
15. Governing Law
These Terms of Membership are governed by the laws of Victoria in Australia, and the parties submit to the exclusive jurisdiction of the courts of or in Victoria and the courts of appeal therefrom.
16. Defined Terms and Interpretation
In these Terms of Membership:
a. Application means your application for Membership made by completing the Membership Application Form.
b. Application Fee means a fee payable by you to The Marketers Club GrowthHUB™ in accordance with clause 4 of these Terms of Membership in the amount set out in the Membership Application Form;
c. Collateral means any documents or materials in any form (and all intellectual property rights therein) provided by The Marketers Club GrowthHUB™ to you or other members in any form during the Term of your Membership;
d. Fees means the Membership Fee;
e. GrowthHUB means the Marketers Club GrowthHUB™;
f. Further Term means any further term, each of one year duration, of your Membership;
g. Initial Term means the initial one year term of your Membership;
h. Member means a member of The Marketers Club GrowthHUB™ that has agreed to these Terms of Membership;
i. GrowthHUB means a The Marketers Club GrowthHUB™ group of members normally meeting monthly, that is authorised and facilitated by The Marketers Club GrowthHUB™;
j. Membership Application Form means the form set out on the reverse of these Terms of Membership;
k. Membership Fee means the annual fee payable by you to The Marketers Club GrowthHUB™ in accordance with clause 4 of these Terms of Membership in the amount set out in the Membership Application Form in respect of the Initial term and thereafter for Further Terms in accordance with clause 4;
l. Membership means your membership of The Marketers Club GrowthHUB™;
m. Term means the Initial Term and/or any Further Terms; and
n. You means the person whose details are set out in the Membership Application Form and your has equivalent meaning.