Membership Terms and Conditions

By joining the Celebrate Society you are accepting the below terms and conditions:

Membership Terms and Conditions

 

1. Membership General Terms
   • The Celebrate Society Membership (the ‘Membership’) gives you access to the Membership Services (the ‘Services’) outlined on the Membership Page on the Life’s Little Celebrations Website (the ‘Membership Page’) and within these Membership Terms (the ‘Terms’).
   • The Membership and associated Services are offered by Tanya Savithri Castellino (abn: 65 508 472 023) t/a Life’s Little Celebrations. By continuing to apply for a Membership after reading these Terms, you are deemed to have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
   • The Services include a range of content, special offers and other benefits available to you via the Life’s Little Celebrations Facebook Group (the ‘Facebook Group’), blog, membership site, the Website and direct communication between Life’s Little Celebrations and you.
   • Life’s Little Celebrations reserves the right to change the features, content or services related to the Membership without notice to you in order to improve the quality of the Membership offered to you or for any other reason, as its sole discretion.
   • Once Your Membership is accepted by Life’s Little Celebrations, this Agreement, the Website Terms and Conditions <found here>, Privacy Policy <found here>, the Facebook Terms and Conditions facebook.com/terms including the Facebook Community Standards available at https://www.facebook.com/communitystandards/ as each amended from time to time will govern your continued Membership and use of the Services.

2.     Registration for Membership

• In order to become a member of the Celebrate Society (the ‘Celebrate Society’), you must first register for an account through the Membership Page on the Website (the ‘Account‘).
• As part of the registration process, or as part of your continued use of the Services, you are required to provide personal information about yourself and your business (such as identification or contact details), including: email address, payment Information, business name and ABN.
• You warrant that any information you give to Life’s Little Celebrations in the course of completing the registration process will always be accurate, correct and up to date.
• Once you have completed the registration process, and your Membership is accepted, you will be a registered member of the Website and agree to be bound by the Terms (a ‘Member‘).
• Life’s Little Celebrations will only accept completed applications, and reserves the right to reject an application for any reason.
• If your application is accepted, you will receive a confirmation e-mail on receipt of your completed application and payment.
• You may not use the Services and may not accept the Terms if:
  • you are not of legal age to form a binding contract with Life’s Little Celebrations; or
  • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

3. Membership Inclusions
   • Life’s Little Celebrations offers three membership packages with various inclusions as follows:

• Luxe: At the price of $129.97/month inclusive of advertising through the Life’s Little Celebrations Instagram page, with 1 instagram reel per month. Additionally, you will receive a website sidebar advertisement, and the ability to engage in Q&A communication with Life’s Little Celebrations.  Furthermore, you my be invited, from time to time,   to submit expressions of interest for a magazine listing.

 

Luxe members will also have access to inclusions in the Sparkle membership packages.

 

• Sparkle: At the price of $61.97/month inclusive of directory listing, Facebook group access. You may  be invited to submit expressions of interest for magazine photoshoots, and for your business to be shared on the Life’s Little Celebrations Blog.
• Glitter: at the price of $29.97/month inclusive of directory listing, Facebook group access and access to online masterclasses

 

• All inclusions are subject to change and are offered at the sole discretion of Life’s Little Celebrations.

 

• When participating in photoshoots, there is no guarantee that all product shoots will be included in the magazine. All styling and photographs will be at the discretion of the stylist for each photoshoot, Life’s Little Celebrations and magazine graphic designers.  All photographs will be made available to you for sharing outside the magazine.

 

• All magazine shoot vendors must remain as active paying members until the end of the month the magazine is released.

 

• All magazine photoshoots are independent photoshoots and Life’s Little Celebrations is not responsible for, either directly or indirectly, the coordination of the photoshoot or how the photoshoots are styled or organized or any injuries/damages resulting from these photoshoots. Any issues that arise between members and third parties associated with a photoshoot must be resolve between the member and the relevant third party directly.  Life’s Little Celebrations is in no way responsible for assisting to resolve issues or disputes.

 

 

• You are permitted to alter your membership package at any time. Your new Membership fee will be charged beginning the next monthly due date. This does not result in the cancellation of your membership.

 

• You are solely responsible for providing information to Life’s Little Celebrations for inclusion in the directory. If information not provided it cannot be included. Life’s Little Celebrations will not be responsible or liable if Member information is not included in the directory due to a failure to provide it.

 

4. Membership Fees
   • You agree to pay Life’s Little Celebrations the monthly Membership Fees set out as on the Membership Page.
   • Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts.
   • You agree and acknowledge that Life’s Little Celebrations can vary the Membership Fee at any time by providing advanced notice to you.

5.     Payment

• Membership Fees are automatically billed on a monthly basis and will charged to the same payment process used in your initial registration, unless otherwise paid in full in advance.
• If involved in a magazine shoot you must remain an active paying member until the end of the month of the magazine release. Outside of the magazine shoots you can cancel your Membership  with one months notice by following the procedure outlined in clause 8.1.
• All payments made in the course of your use of the Services are made using Paypal. When making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by Paypal terms and conditions which are available on their website.
• You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

6.     Member Conduct and Obligations

6.1.            As a Member, you expressly agree that you will not, through any means:

• harm, harass, hassle or abuse other Members; or
• send un-welcomed communication such as spam to other Members; or
• act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
• infringe the intellectual property or privacy rights of any Member or any third-party.
  • Life’s Little Celebrations, at its discretion, reserves the right to remove, edit or alter any content created by you, on the membership site or on the Facebook Group or any other related platform.

 

• Life’s Little Celebrations retains the right to revoke your Membership or deny you access to the Services at any time.

 

• As a Member, you agree to comply with the following:
  • you will use the Services only for purposes that are permitted by:
    1. the Terms; and
    2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
  • any use of your registration information by any other person, or third parties, is strictly prohibited. you agree to immediately notify Life’s Little Celebrations of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Life’s Little Celebrations providing the Services;
  • you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Life’s Little Celebrations;
  • you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Life’s Little Celebrations for any illegal or unauthorised use of the Website; and
  • you acknowledge and agree that any automated use of the Website or its Services is prohibited.

7. Intellectual Property Rights
   • You acknowledge and agree that Life’s Little Celebrations’ name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Life’s Little Celebrations or its affiliates, licensors, or suppliers whether displayed on the Website, membership site, social media accounts or on any other related platform.
   • You hereby indemnify and agrees to keep indemnified Life’s Little Celebrations against all liability, losses or expenses incurred by Life’s Little Celebrations in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Life’s Little Celebrations or any third party by you or your agents.
   • In the event of failure to seek and be granted permission to share or distribute any content in the Services, including that created by other Members, Life’s Little Celebrations has the right to terminate your Membership and take further action as may be appropriate to protect any and all intellectual property rights Life’s Little Celebrations has in content.
   • For any Services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Life’s Little Celebrations, Life’s Little Celebrations grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Services, and any related software, content, equipment or other materials for your specific, non-commercial use only.
8. Cancellation and Termination of this Agreement
   • You may cancel your Membership by providing written notice to Life’s Little Celebrations, by giving 1 month’s notice before the next billing cycle however if involved in a magazine shoot you must remain a paying member until the end of the month the magazine is released.
   • Once paid, the monthly Membership Fees are non-refundable.

For Life’s Little Celebrations

• Life’s Little Celebrations may terminate your Membership for any breach of this Agreement by providing 7 days’ written notice to you by email. At Life’s Little Celebrations’ discretion, Life’s Little Celebrations may allow you to remedy the breach within 3 days’ notice, or another time-frame as Life’s Little Celebrations nominates, and in being satisfied with the remedy of the breach by you, Life’s Little Celebrations will not terminate your Membership.

For You

• You may terminate this Agreement for a breach by Life’s Little Celebrations of this Agreement by providing 7 days’ written notice of the breach to Life’s Little Celebrations. During the 7 day notice period, Life’s Little Celebrations reserves the right to remedy the breach. If Life’s Little Celebrations remedies the breach which was the cause of the notice, the Agreement will not be terminated.

 

9. Third Party Services

The Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (“Third-Party Services“). Life’s Little Celebrations does not control any Third-Party Services. Life’s Little Celebrations additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Life’s Little Celebrations shall not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal Agreements that apply to these Third-Party Services.

10. Liability
    • You agree that Life’s Little Celebrations offers the Services with no guarantee of results of any kind. You agree that any results that occur during the delivery of the Services, whether positive or negative for you or your business, are the effects of your choices.
    • Life’s Little Celebrations’ total liability arising out of or in connection with the Membership and the Services, or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
    • You expressly understand and agree that Life’s Little Celebrations, its affiliates, employees, agents, contributors, masterclass guests, celebrate experts and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
    • You agree and understand that any and all information or guidance provided to you by or on behalf of Life’s Little Celebrations, including that provided as part of the Shine VIP 1:1 package , masterclasses or Celebrate Experts is provided as general in nature and you should seek the advice of experts should you intend to rely on information in your business.
11. Information Disclaimer
    • Any information, advice, content or documentation provided through the Services, including in the associated blog, online magazine, on the Website, membership site, social media accounts, 1:1 shine VIP messages, masterclasses, Celebrate Experts online magazine or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only. This includes information, guidance or advice provided by third-party guests and speakers on the Life’s Little Celebrations social media accounts.
    • All care is taken in the preparation of the information and published materials in the associated blog, online magazine, on the Website, membership site, social media accounts or on any other related platform. Life’s Little Celebrations does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
    • To the extent permissible by law, Life’s Little Celebrations will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation in the associated blog, online magazine on the Website, membership site, social media accounts or on any other related platform.

12.  Limitation of liability

• Life’s Little Celebrations’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
• You expressly understand and agree that Life’s Little Celebrations, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

 

13.   Waiver

13.1.         A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

13.2.         The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.

14.  No partnership or agency

Nothing contained or implied in this Agreement will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

15. Governing Law & Jurisdiction
    • This Agreement is governed by the laws of New South Wales, Australia.
    • In the event of any dispute arising out of or in relation to the Services, Life’s Little Celebrations agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in New South Wales, Australia.

16.  Indemnity

• You agree to indemnify Life’s Little Celebrations, its affiliates, employees, agents, masterclass guests, celebrate experts, contributors, third party content providers and licensors from and against:
  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Services;
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and
  • any breach of the terms.

17. Dispute Resolution & Mediation
    • If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    • A party to this Agreement claiming a dispute (the ‘Dispute‘) has arisen under the terms of this Agreement, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the ‘Notice‘).
    • On receipt of the Notice by the other party, the parties to this Agreement (the ‘Parties‘) must within seven days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
    • If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by Independent Third Party as agreed or his or her nominee and attend a mediation.
    • It is agreed that mediation will be held in New South Wales, Australia.
    • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
    • All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
    • If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

17.9.         In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

18.   Severance

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.

19.   Assignment

Life’s Little Celebrations does not agree to you to delegating, assigning, novating and/or subcontracting any obligations pursuant to this Agreement to any person or party without its prior written consent.

20.   Entire Agreement and Modifications

Both you and Life’s Little Celebrations confirm and acknowledge that:

1. This Agreement shall constitute the entire Agreement between you and Life’s Little Celebrations and shall supersede and override all previous communications, either oral or written, between the parties;
2. No Agreement or understanding varying or extending this Agreement shall be binding upon any party unless arising out of the specific provisions of this Agreement; and

• If for whatever reason there is inconsistency between this Agreement and any other Agreement, this Agreement shall prevail.