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Lawn Culture Australia

Membership Terms & Conditions

Welcome to Lawn Culture Australia. These are our membership terms and conditions which govern your access to and interaction with our membership provided via our website located at www.lawncultureaustralia.com.au)

Important note: our memberships include access to regular giveaways. Unfortunately, our competitions are not open to residents of South Australia or the Australian Capital Territory. If you are a resident of SA or ACT, please understand that if you become a member, you will not be eligible to enter any of our competitions. You will have access to other membership benefits only, such as discounts on merchandise and access to partner support.

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1. Our agreement
Who is this agreement between?
 
This agreement is between you (the person signing up for our membership) and Lawn Culture Australia Pty Ltd (ACN 675751336) trading as Lawn Culture Australia (‘we’, ‘us’).
 
Our membership is only available to residents of Australia. In accepting this agreement, you warrant to us that you’re an ordinary resident of Australia.
 
How long will this agreement last?
 
Our memberships are ongoing, until cancelled. So this agreement will start when it’s accepted by you (and confirmed by us) and will continue unless or until it’s terminated in accordance with this agreement.
 
Where we say so in this agreement, certain terms will continue to apply once this agreement has been terminated (for example, terms about confidentiality and intellectual property).
 
How can changes be made to this agreement?
 
Please ensure that you’ve read these terms and conditions carefully as they can only be waived or varied in writing and signed by both of us.
 
How can you accept this agreement?
 
You can accept this agreement by:
 
(a) Proceeding to sign up as a member or purchasing a membership subscription; or
 
(b) clicking ‘I agree’ or a ticking a box next to those words.
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2. What’s included

Membership inclusions
 
We make different levels of membership available to our members. Currently, we offer membership tiers Gold and Silver.
 
The inclusions for each type of membership are set out on our website as at the date of this agreement and can be found at (www.lawncultureaustralia.com.au.
 
We’re always on the lookout for the best deals and opportunities to offer our members. This means that the exact membership inclusions for each tier may change from time to time.
 
If there’s a major change to your membership inclusions, we’ll notify you of that change so that you’ll have a reasonable opportunity to cancel your membership before the next billing cycle if you don’t think it’s a good fit for you anymore.
 
Where membership inclusions relate to discount codes, vouchers, or something that needs to be communicated to you, these will be available in your member portal (available through our website) or will be emailed to you to your nominated email address.
 
Trade promotions
 
From time to time, our membership inclusions may provide you with entry into one of our trade promotions, at no additional cost.
 
We make our trade promotion terms and conditions available to you prior to you accepting these terms. They are also displayed on our website at (www.lawncultureaustralia.com.au)
 
By accepting our membership terms and conditions, you warrant to us that you’ve read and understood our trade promotion terms and conditions and agree to be bound by them.
 
If we administer a trade promotion with different terms and conditions than the one available at the time of your acceptance of this agreement, we’ll notify you by emailing you a copy of those terms and conditions and making them available on our website.
 
After receiving notice of new trade promotion terms and conditions, your continued membership with us indicates your acceptance of any applicable trade promotion terms and conditions.
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3. Fees

While we’re careful to ensure our website is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error).
 
It’s important to understand that when you submit an order or application to join our membership, no agreement is formed with us until we process and accept your order or application and send you a confirmation.
 
If there’s been an error leading to your order (such as a pricing error), we may choose not to complete the order, but we’ll contact you to discuss your options.
 
Payment
 
You agree to pay us the membership fees displayed on our website at checkout. Our prices are listed in Australian dollars (AUD) and include GST, unless we say otherwise.
 
How you can pay us
 
We accept payment via the methods set out on our website, which currently include direct debit and credit card facilities, and may change from time to time.
 
If we accept payment through a third-party processer, this is for your convenience, and you agree to pay any third-party merchant fees or charges notified to you at the time of checkout.
 
If you make a payment using a third-party processor, you’ve told us that you’ve read and agreed to their terms and conditions. We’re not responsible for any issues, loss or damage arising out of your use of those facilities. If you have an issue with a third party provider, please contact them directly.
 
Subscription
 
You authorise us to debit the sum of your membership on a monthly recurring basis, in advance, from your nominated debit or credit card. Any applicable merchant fees will be charged to you.
 
Invoices will be provided via email.
 
Fee changes
 
Our fees may change from time to time. You agree and acknowledge that we can make changes to our prices by providing you with 28 days’ notice in writing (including via email or on our website).
 
This will provide you with an opportunity to cancel your membership prior to the next billing cycle if you don’t think it’s a good fit for you anymore.
 
No Refund for Cancellation
 
You can cancel your membership at any time using our online platform or by notifying us in writing. Cancellation will become effective immediately on being processed. Once cancelled, you will not have access to any membership inclusions. If you have entered a trade promotion during the term of your active membership, your entry remains valid even after cancellation, however you will not be entered into any further trade promotions.
 
You understand that we will not refund you any part of your monthly membership fee paid in advance. For this reason, we encourage you to cancel toward the end of your billing cycle. No further payments will be debited from the next billing cycle.
 
Other Refunds
 

We don’t offer refunds other than in accordance with your rights under the Australian Consumer Law (ACL). To submit an ACL claim, please email us at

 
Discounts
 
We may offer discounts on our membership from time to time. If we do offer a discount, you can only apply one discount at a time. Discounts are available for the time stated, or if no time is stated, 7 days from the date the offer was first made.

What
happens if you don’t pay us?
 
If you don’t pay us, we can choose to do one or a combination of the following:
 
(a) suspend or terminate this agreement (including suspending your access to our membership platform and or the inclusions);
 
(b) charge interest on outstanding money at a rate of 10% per year from the date you owe us the money until you pay us; or
 
(c) refer the matter to a debt collector or lawyer (you’ll have to pay their costs).
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4. Our platform

Access

Once you’ve signed up and made your first payment via our website, you’ll be prompted to create an account on our website and to set your own username and password. You can then login to the portal on our website to access membership benefits.

It is your responsibility to keep your login information confidential. You must not share your login information or any discount codes or other benefits available through the portal with any other person.

You’ll have access to your membership inclusion unless or until your membership is terminated, suspended or changes under the terms and conditions.

If you have issues accessing our membership platform or your inclusions, please let us know as soon as possible by emailing info@lawncultureaustralia.com.au.

Your conduct
 
If your membership includes access to an interactive platform, you must not post any comment or content that is defamatory, offensive, or otherwise inappropriate, or which might bring us or our membership into disrepute. You must not use our membership to harass, threaten or menace any person or send unsolicited messages.
 
You must not do anything that is unlawful, commit any breach of another person’s privacy or any other legal rights or interfere with any user. You must not tamper with our website or any membership content or inclusions (such as by transmitting viruses or other programs).
 
Other members submissions
 
You agree to keep all confidential information accessed by as part of the membership you (including submissions by other members) strictly confidential. For the purposes of this clause, confidential information means any information concerning our or another member’s business, finances, technology, or affairs which is not in the public domain (other than by a breach of this clause).
 
Your submissions
 
You warrant that all information that you submit to us is true and correct, to the best of your knowledge and information, and that you are the rightful owner of all intellectual property rights in such information.
 
If you act in a way something that is offensive, inappropriate, or contradicts this clause (including posting or commenting) we can modify or remove that comment and may suspend or terminate your access to the membership inclusions.
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5. Advice and information

All the content in our memberships (including any information, recommendations, resources, instruction, or assistance we give you) is provided for educational and entertainment purposes only.
 
While we believe our content to be accurate and up to date, we don’t give any warranty of accuracy, appropriateness, or reliability of any content you access through the program.
 
From time to time, our third-party providers and partners may provide content on our platform. We don’t give any warranty of accuracy, appropriateness, or reliability of any third-party content you access through the program.
 
Any recommendations or instructions given are general in nature and are not intended to constitute or substitute for professional advice. You should seek appropriate professional advice suitable for your personal circumstances if necessary.
 
If you engage a third-party provider or partner, you understand we are not a party to that contract and will not accept any obligations any respect of that contract or transaction. You should read the provider’s own terms and conditions before entering into any transaction.
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6. Intellectual property

Our intellectual property

All membership content is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, we own or control all intellectual property rights in the platform content.

You acknowledge and agree that all intellectual property owned by us or to which we are entitled before and after this agreement with you is formed will remain our sole property and that nothing in this agreement transfers any ownership in the intellectual property to you.

Limited licence to use and access our platform

As part of your membership, we grant you a worldwide, non-exclusive, royalty-free, revocable license to access and use our online content in accordance with these terms and any instructions we give you.
 
We don’t grant you any other rights in relation to our online content. You must not re-use any content for commercial use or share the content with any other person, whether or not for commercial purposes, unless we say so in writing.
 
We can cancel this license immediately if you breach it or these terms and conditions in any way. The license is automatically cancelled when this agreement ends, except in relation to any intellectual property we have specifically said in writing you can continue to use on an ongoing basis.
 
In addition to any other rights we have at law, and to the maximum extent permitted by law, you agree to indemnify us on a full indemnity basis for any breach of this clause including for any costs we incur in seeking legal advice on the breach and in taking legal proceedings against you.
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7. No affiliation

You understand that, unless we say otherwise, neither us nor our trade promotions are in any way associated with, sponsored by, endorsed or administered by Meta Platforms, Inc. (Meta), its affiliates or any other entity.
 
You understand that if you participate in one of our trade promotions by way your membership with us, that you’re not required to share, repost, tag others, or in any way promote our trade promotions.
 
You participate in our trade promotions, including those make available online at your own risk. You fully release and hold Meta harmless from liability in relation to this clause.
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8. What happens if we disagree?

Dispute resolution

If we disagree about something that relates to this agreement, we both agree not to go straight to court or a tribunal unless we need urgent relief, like an interlocutory order.
 
We agree to follow the steps set out in this clause first.
 
(a) First, the party with the issue needs to tell the other person about the issue in writing so they understand what the problem is. This written notice needs to include the outcome that the person with the issue wants and the action they think the other person needs to take to settle the issue. 
 
(b) Once the other person receives the notice of the issue, both parties agree to do their best to try and resolve the issue together within 20 business days.
 
If a dispute is declared, any communications between us are confidential and should be treated as ‘without prejudice’ negotiations for the purpose of evidence law. This means that neither of us can use these communications if we go to court.
 
Mediation
 
(a) If we can’t resolve the issue on our own, we agree to select an independent mediator to help us work through the problem. We have up to 7 business days to select a mediator together.
 
(b) If we can’t agree on a mediator, then we both agree to ask the President of the Law Society of New South Wales to appoint a mediator for us.
 
(c) If we must mediate, we agree to attend virtual mediation whenever possible, or else to go to mediation in NSW and split the fees equally between us (to be paid in advance).
 
This clause will continue to apply even if this agreement ends.
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9. Cancellation
You can cancel your membership at any time by notifying us in writing. Once you have provided notice, you won’t incur any further charges.
 
Unless otherwise required by law, you won’t be refunded the portion remaining until the next billing cycle, but you will have access to the membership inclusions until then.
 
Notice can only be given by emailing us at info@lawncultureaustralia.com.au.
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10. Ending our agreement

When can we end this agreement?We may terminate this agreement in the following circumstances:

(a) at any time on 14 days’ written notice to you;

(b) immediately, by giving you notice in writing if a default event occurs as described below; and

(c) if you have breached these terms and don’t fix your breach within 7 days of being given notice of your breach.

We will not provide any refund, credit, or other compensation if we terminate this agreement due to your breach.
 
When can you end this agreement?
 
You may terminate this agreement with us in the following circumstances:
 
(a) by cancelling your membership in accordance with the cancellation clause of these terms and conditions.
 
For the purposes of this clause, event of default means:
 
(a) you fail to make a payment as provided in these terms and conditions and do not remedy such failure within 3 days of us giving you notice to remedy;
 
(b) we form the reasonable belief that you have infringed our intellectual property rights, breached any of the conduct, confidentiality or intellectual property clauses, or threatened to do so; and
 
(c) any of the following events occurs: the death, bankruptcy or winding up of a party.
 
What happens when it ends?
 
All disclaimers, exclusions and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.
 
To be an eligible entrant into our trade promotions, you must hold a valid membership for the entire duration of the trade promotion period. The trade promotion period is set out in our trade promotion terms and conditions.
 
If you cancel your membership, your entry will no longer be valid for the purposes of any applicable trade promotion.
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11. Liability and Indemnity

Liability under the Australian Consumer Law (ACL)
 
Australian customers are entitled to guarantees under the ACL. We can’t and won’t change these. We specifically exclude all other guarantees that might apply to our services.
 
Liability for breach of contract
 
To the maximum extent applicable by law, we specifically exclude all liability for breach of contract, other than in circumstances where you do not have access to an ACL claim for the same event. If you don’t have access to an ACL for the same event, our liability for breach of contract will be limited to total amount of fees paid under this agreement.
 
Other liability, including for negligence
 
To the maximum extent applicable by law, we specifically exclude all other liability to you, including for negligence.
 
Liability for consequential losses
 
To the maximum extent permitted by law, we exclude all consequential losses, however arising.
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12. Third-party partners

We make our membership available to you, at your own risk. Everything in our content is provided ‘as is’.
 
From time to time, our memberships may include access discounts and benefits with third-party providers. We make these available to you ‘as is’ and are not responsible for the delivery of the services by a third-party provider. It’s up to you to investigate the suitability of any activity, promotion, good or service offered by a third-party provider.
 
We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on our content or third-party content or goods or services accessed via our online platform, unless otherwise required by law.
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13. General

(a) Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver of this provision.

(b) We won’t voluntarily assign or otherwise transfer our obligations under this agreement without your prior consent, however, we may sub-contract one or more aspects of the services, provided always that we will remain the head contractor and will be responsible for the delivery of services in accordance with this agreement.

(c) 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.

(d) If anything in this agreement is unenforceable, illegal or void, it is severed, and the rest of the agreement remains in force

(e) Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.

(f) Neither party will 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, or major injury or illness of key personnel.

(f) The law of New South Wales (NSW) governs this agreement, and the parties submit to the non-exclusive jurisdiction of the courts of NSW.

(g) The law of New South Wales (NSW) governs this agreement, and the parties submit to the non-exclusive jurisdiction of the courts of NSW.

(h) Notices

  •  A notice or other communication to a party must be in writing and delivered to that party in one of the following ways
  • delivered personally;
  • posted to their address, when it will be treated as having been received on the second business day after posting; or
  • sent by email to their email address, when it will be treated as received when it enters the recipient’s information system

(i) Interpretation

  • If we refer to a piece of legislation, this includes changes or updates to it, and instruments and regulations introduced under it.
  • Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders
  • Headings are just for convenience, not for interpretation.
  • Grammatical forms of defined words or phrases have corresponding meanings;
  • Dates and times set out in this agreement are in reference to Sydney, New South Wales, Australia;
  • If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day;
  • References to a party are intended to bind their executors, administrators and permitted transferees; and
  • Obligations under this agreement affecting more than one party bind them jointly and each of them severally.

(j) Definitions

  • Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • Business Day means a day on which banks are open for business in Sydney, other than a Saturday, Sunday or public holiday.

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