THE QUEEN PLAN:  TERMS AND CONDITIONS

Welcome!

The services that we provide via our newsletters, websites, online or in-person platforms, channels, forums and/or events are collectively referred to as The Queen Plan Network  (“The Queen Plan Network”).

The website thequeenplan.com and The Queen Plan are operated by Mamamia.com.au Pty Ltd (“Mamamia”), ACN: 105 572 192, collectively  “we”, “us”, “our”.

These Terms and Conditions (“Terms of Service”) govern your registration to thequeenplan.com website, The Queen Plan, and The Queen Plan Network.

Please read these Terms of Service carefully and contact info@thequeenplan.com  if you have any questions before signing up to thequeenplan.com or engaging with our services through The Queen Plan Network.

  1. ACCEPTANCE OF TERMS:


When you register your  email and/or sign-up for The Queen Plan at thequeenplan.com  you are accessing and using and signing up to up to The Queen Plan Network. By accessing and using and signing up to The Queen Plan Network, you acknowledge that you have understood these Terms of Service and you agree to be legally bound by these Terms of Service. If you do not agree with any part of these Terms of Service, you should not access, use or sign up to The Queen Plan Network. You must be at least eighteen years old to sign up to The Queen Plan Network. You must refrain from accessing The Queen Plan  if you are not eighteen or older unless you contact us first at the email above.


If these Terms of Service are updated or modified by us, at our sole discretion, we will notify you either on thequeenplan.com or via email and you will be responsible for deciding whether to maintain your membership with The Queen Plan and to continue accessing or using The Queen Plan Network.


  1.  SIGNING UP


In order to access The Queen Plan and The Queen Plan Network, you must register to become a member by creating a user account (“User Account”) and making payment of the relevant registration fee specified on the application page of  thequeenplan.com Website (“The Queen Plan Fees.”)


In order to create a User Account you will need to provide certain information to us, that is able to personally identify you, including but not limited to, your name and your email address. You warrant that all information provided by you is accurate, complete, true and up to date and you agree to notify us immediately in the event that any of your personal information or contact details change. Our use of the personal information provided by you is governed by our Privacy Policy available at thequeenplan.com.


You acknowledge and agree that we may conduct enquiries or request further information, including a form of identification, at our entire discretion in order to verify your identity.  

You agree not to create more than one User Account without our express, written permission. 

You agree not to create User Accounts for any person or entity that is not you or that is not owned or controlled by you, without our express, written permission.

You will not seek to pass yourself off as another user or person. 

You agree not to do anything which would assist a third party who is not a registered user to gain access to any restricted area of The Queen Plan Network or to Confidential Information (defined below) or Course Materials associated with The Queen Plan.

You agree that you are responsible for maintaining the protection and confidentiality of your User Account information, such as account identifiers, your password and your account activities.

You will notify us immediately if you become aware of any unauthorised use of your password or account identifiers by others, or if your password is lost or becomes known to any other person.

You agree that the information that you provide to us, post, share or otherwise communicate in the course of your engagement with The Queen Plan Network will be licensed to us in accordance with the Terms of Service.


  1. The Queen Plan


Upon signing up to The Queen Plan, The Queen Plan Network and making payment of the relevant Fees in accordance with, you will gain access to various written content, audio content, video content, information, seminars, workshops, tasks, tips, tools, models and services (“Course Materials”), which together constitute the course offered (“The Queen Plan”). 


Upon signing up to The Queen Plan, you may be given access to online or in-person forums or events in The Queen Plan Network, where you can post content, ideas, messages or other materials (“Your Content”).


You acknowledge and agree that the information offered by us in delivering The Queen Plan and generally through The Queen Plan Network: 


You understand and agree that:


The Queen Plan and The Queen Plan Network has been established in order to provide you with tools, resources and information, however, you acknowledge and agree that:


  1. FEES:  


The relevant fees payable upon signing up for The Queen Plan are listed on thequeenplan.com (“The Queen Plan Fees”).  Other services, products and offerings may become available to registered members through The Queen Plan Network from time to time, and all fees payable in relation to those services, products and offerings will be payable in accordance with these Terms of Service.  The fees payable under this Section:


You agree to pay The Queen Plan Fees in accordance with the option selected at the time of registering for The Queen Plan.


You agree to pay all fees payable in connection with a service, product and offering purchased through The Queen Plan Network at the time of purchase.


We accept payment for online purchases by Stripe. Payments via Stripe are subject to Stripe’s terms and conditions. We are not responsible for any interruptions, disruptions or delays in these services or facilities. If we invoice you for any part of The Queen Plan Fees or for any amount in connection with the services, products or offerings purchased through The Queen Plan Network, payment will be due and payable on or before the relevant due date specified on the invoice. Where a third party agent or entity collects or debits The Queen Plan Fees on our behalf, you affirm that the above undertakings and representations are applicable in relation to that third party.


Upon receiving your payment of the relevant The Queen Plan Fees in full, we will send you a communication confirming your successful registration to The Queen Plan. Any other communication from us acknowledging your sign up or User Account is for information purposes only and does not put us under any obligation to provide access to  The Queen Plan until full payment can be confirmed.


You undertake and warrant that:


We will take all reasonable steps to ensure or procure that all personal information in connection with billing is protected or encrypted, but to the extent permitted at law, we make no warranty about the reliability, completeness or fitness for purpose of any encryption or storage system used. 


Other than as required by the Competition and Consumer Act 2010 (Cth), you acknowledge that you are only entitled to a refund for any  The Queen Plan Fees within 7 days of enrolling in The Queen Plan, including without limitation where you have been provided with access to the Course Materials or The Queen Plan Network, whether or not you have accessed them.


We reserve the right to:


Any offers, discounts or specials on goods or services provided by us in connection with The Queen Plan, will be provided at our absolute discretion and may be withdrawn or revoked at any time if your User Account is suspended or terminated for any reason, or if you are no longer a member of The Queen Plan Network.


  1. PROHIBITED CONDUCT:


You acknowledge and agree that when accessing The Queen Plan Network, you will not, inter alia:


When posting, publishing, sharing or otherwise communicating Your Content or other content on the  The Queen Plan and The Queen Plan Network, you will not: 


You agree that you will not use The Queen Plan and The Queen Plan Network, for any other purpose other than its intended purpose, including, but not limited to: 


You agree to comply with any applicable “house rules” on any platform in The Queen Plan Network, and you will be respectful, professional and courteous at all times during the course of your engagement with other users on The Queen Plan Network. 

You must not 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.


You must not share content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.


  1. YOUR CONTENT


You are solely responsible for Your Content, including without limitation any photographs, profiles, messages, comments, notes, text, website links, quotes, music, images, videos, audio, listings, or other content that you post, transmit, communicate, upload, distribute, store, create, publish, make available or otherwise share through the  The Queen Plan and The Queen Plan Network.


By sharing Your Content, 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 Your Content for any purpose and in any media existing now or in the future in connection with The Queen Plan Network.


When you share Your Content, you authorise us to make such copies thereof as we deem necessary in order to facilitate the storage and sharing of Your Content on The Queen Plan Network.


Subject to the rights granted to us under these Terms of Service, you retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content.

You acknowledge and agree that when you post, publish, share or otherwise communicate Your Content via The Queen Plan Network or on any public platform associated with The Queen Plan Network, all other members or persons with access to The Queen Plan Network will be able to access, view and respond to Your Content.


You agree to comply with Section 5 when you post, publish, share or otherwise communicate Your Content to The Queen Plan Network. Whilst we take no responsibility and accept no liability for Your Content or other content that may appear on or may be communicated via The Queen Plan Network, we reserve the right to:


You must not share information, content or materials that you did not create or that you do not have explicit permission to share or disclose on The Queen Plan Network.


You are solely responsible at your sole cost and expense for creating backup copies and replacing Your Content.


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 Your Content or any content contributed by you to The Queen Plan Network. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of us and The Queen Plan Network and its nominated representatives, to any past, present and future doing of any act or omission in relation to Your Content or any content contributed by you to The Queen Plan Network that may otherwise infringe or breach such rights.


  1. INTELLECTUAL PROPERTY: 


The intellectual property relating to The Queen Plan and Course Materials is jointly owned by Mamamia.com.au Pty Ltd (ACN 105 572 192) and Constance Hall, including, but not limited to written content, visual or interactive elements, graphics, design, code, audio or video recordings, models, software, reports, copyrights, trade marks, logos, trade names, and other intellectual property rights throughout the world.


Except as expressly set out in these Terms of Service, you do not have any rights, title or interest, including, but not limited to copyright, in or to any of the Course Materials or any content or information shared by us or a third party via The Queen Plan Network. Nothing in connection with The Queen Plan Network should be construed as granting any right of use in relation to any intellectual property owned by us. We grant to you a non-commercial, non-exclusive, non-transferable, revocable and limited licence to access and use the Course Materials for educational and general information purposes only. You may browse or print the Course Materials for educational and general information purposes, but you may not reproduce, exploit or use it for any other purpose, without obtaining the express, written consent from Us.


For the avoidance of doubt, you may not use, reproduce, modify or otherwise exploit any part of the Course Materials or any content communicated by us in connection with The Queen Plan Network to establish, develop, create, maintain or deliver, or assist in establishing, maintaining or delivering your own course, workshop, seminar or network. The trademarks, logos, and service marks displayed in connection with The Queen Plan are the registered or unregistered trademarks of Mamamia.com.au Pty Ltd and Constance Hall. You may not use, reproduce, modify or otherwise exploit our trademarks, whether registered or unregistered, in connection with any product or service, without our express, written consent. You may not use the Course Materials, any content shared via The Queen Plan Network, or our trademarks, logos, and service marks in any manner that may mislead or deceive the public or cause confusion amongst consumers.


If we make content available for sharing or embedding on third party sites, the following terms will apply:


To the extent that we have a right to seek a legal remedy in connection with this Section, you agree that we will have a right to injunctive relief.


  1. NO ENDORSEMENT


From time to time we may provide links to party websites or online applications which are entirely unrelated to  The Queen Plan or The Queen Plan Network, and any access or use by you of those third party websites or services is subject to the terms and conditions and privacy policies applicable to those third party websites or services. 


From time to time we may undertake third party advertising, or provide testimonials or statements in relation to third party websites, services, events or products. By displaying such advertising, testimonials or statements, we do not in any way represent that we endorse the relevant advertisement, its products, events or services, unless expressly stated in the advertising, testimonial or statement.


We may, from time to time, receive certain benefits or compensation in connection with advertising or making testimonials, statements or recommendations relating to a third party website, service, event or product. We will use reasonable efforts to disclose all paid or sponsored advertising, but you acknowledge and agree that you engage with third parties at your own risk and are solely responsible for your engagement with third party websites, services, events or products. 


For the avoidance of doubt, we do not accept any responsibility in connection with your engagement with or use of any third party websites, services, events or products, whether endorsed by us or not.

Your engagement with third parties via The Queen Plan Network is entirely at your own risk. We do not accept any responsibility for any communications or transactions between you and a third party using The Queen Plan Network or for your participation in a third party’s event, competition or activity, whether access via The Queen Plan Network or not.


  1. CONFIDENTIAL INFORMATION:  


For the purpose of these Terms of Service, “Confidential Information” means information that is not disclosed to the public, including without limitation, sensitive information about a party’s financial affairs, business plans, clients, works in progress, products or services. 


You agree not to disclose or use any Confidential Information received by you in relation to  thequeenplan.com, The Queen Plan, or The Queen Plan Network, without our express written permission, except:


You agree not to disclose or use the Confidential Information of any person or third party received as a result of your engagement with The Queen Plan Network, without the prior written permission of that third party, except:


You agree that the Course Materials are confidential and proprietary information and must not be shared or disclosed outside of The Queen Plan Network or your User Account, or to any person that does not have a User Account that permits them to access The Queen Plan and The Queen Plan Network.


You agree that the testimonials, statements and experiences of other The Queen Plan members constitutes Confidential Information and should not be disclosed without our express, written consent and the relevant person’s express, written permission.


To the extent that we have a right to seek a legal remedy in connection with this Section, you agree that we will have a right to injunctive relief.

 

  1. WARRANTY: 


You warrant and represent that: 


We warrant and represent that: 


  1. SUSPENSION OR TERMINATION:


Without limiting any other remedies that may be available to us, we reserve the right to suspend or terminate your User Account and your access to The Queen Plan and The Queen Plan Network without notice if, in our sole discretion:


We may discontinue, temporarily or permanently, The Queen Plan or The Queen Plan Network (or any part thereof) or terminate, suspend or limit your access to your User Account, with or without notice, for any of the following reasons (which are not intended to be exclusive):


Where appropriate we will give you the opportunity to rectify or resolve any breach or issue before suspending, terminating or limiting your User Account or your access to The Queen Plan or The Queen Plan Network, but you acknowledge and agree that if your breach is material or is incapable of being rectified or resolved, we may suspend, terminate or limit your User Account or your access to The Queen Plan or The Queen Plan Network with immediate effect. 


We may store, keep or disclose any information that we collect about you (including personal information) in order to investigate compliance with the Terms of Service or for the purposes of any claim against you, police investigation or governmental request. 


On suspension, termination or limitation of your User Account, you may not register a new User Account or access the Course Materials or The Queen Plan Network through another member’s User Account.


You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your User Account or your access to The Queen Plan or The Queen Plan Network.


To the fullest extent permissible at law, on termination of your User Account, Sections 5, 7, 8, 9, 10, 12 and 13 of these Terms of Service will survive and remain in full effect.


  1. DISCLAIMER:


You access The Queen Plan and use The Queen Plan Network at your own risk. 

To the extent permitted by law we exclude all conditions and warranties relating to your access to and use of the  The Queen Plan and The Queen Plan Network that are not expressly set out in these Terms of Service. All Course Materials are provided as education and general information only and should not be taken or relied upon as professional advice.


We take no responsibility and accept no liability for any content that is posted on or otherwise communicated to you via The Queen Plan and The Queen Plan Network 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 the views of us, our directors, employees or assigns. Posts from users may contain information that is incorrect or dangerous. Please consult a qualified professional before relying on information you find in The Queen Plan Network.


NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE AND TO THE MAXIMUM EXTENT POSSIBLE AT LAW, WE EXCLUDE ALL LIABILITY: 


  1. LIABILITY AND INDEMNITY:  


Notwithstanding anything in these Terms of Service, you agree to indemnify us and hold us harmless against any direct or indirect damage, expense, loss, or cost arising from your use of The Queen Plan and The Queen Plan Network or your breach of these Terms of Service or any warranty included herein.


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: 


In no event will we be liable to you for any indirect, incidental, special or consequential losses or damage, including, but not limited to financial loss, loss of profits, revenue, goodwill, data, opportunity of whatever nature, or the cost of procurement of substitute products or services, howsoever arising in connection with your access to or reliance upon the Course Materials or The Queen Plan Network. 


  1. MISCELLANEOUS:  


These Terms of Service constitute the entire agreement between you and us regarding your registration to thequeenplan.com website, The Queen Plan and access to The Queen Plan Network. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The headings and section titles in these Terms of Service are for convenience only and have no legal or contractual effect. You may not assign, transfer or otherwise sublicense your rights under these Terms of Service. These Terms of Service shall operate to the fullest extent permissible at law. If any provision or provisions of these Terms of Service are determined to be unlawful, void or unenforceable, that provision shall be deemed to be severable from these Terms of Service, and shall not be deemed to affect the validity or enforceability of any remaining provisions.


These Terms of Service shall be governed by and interpreted in accordance with the laws of New South Wales, Australia, and the parties hereby agree and submit to the exclusive jurisdiction of the Courts of New South Wales.


  1. CONTACTING US: 


All notices for any communications relating these Terms of Service should be sent to info@thequeenplan.com for email or Mamamia.com.au Pty Ltd, Level 3, 68-72 Wentworth Ave, Surry Hills NSW 2010.

  1. INFRINGEMENT NOTICE


In particular, if you have a copyright infringement notification that you wish to make us aware of, you will need to identify the materials that you believe infringe your copyright, identify the protected copyright work, identify how the protected copyright work has been or is being infringed and include your contact information.

Please sign the notice and send it to info@thequeenplan.com.

© Copyright Mamamia 2019