The Trusted Voice Website Terms and Conditions of Use
1. About the Website
1.1
Welcome to https://www.thetrustedvoice.co (the 'Website'). The Website facilitates interactions between:
(a) Website visitors and/or The Trusted Voice Members and/or The Trusted Circle Members (the 'Receiver');
(b) The Trusted Voice (the 'Provider'), also known as ‘TTV’,
making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the 'Services').
1.2
The Website is operated by Master Your Video PTY LTD (ABN 17 632 747 196). Access to and use of the Website, or any of its associated products or Services, is provided by Master Your Video. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, including but not limited to purchasing Services advertised on the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must immediately cease usage of the Website, or any of its products or Services.
1.3
Master Your Video provides the following Services as advertised on the Website:
(a) The Trusted Voice Website – a website containing content relating to Services provided by the Trusted Voice, in addition to content available to download when the Receiver registers for a free account using The Trusted Voice Website (‘A free account’, also known as a ‘Membership’)
(b) The Trusted Circle – also known as ‘TTC’. The Trusted Circle is a paid membership program (‘A paid membership’, also known as a ‘Membership’). The Trusted Circle is hosted on a Kajabi website. The Trusted Voice does not own Kajabi. The Trusted Voice facilitates the use of the Kajabi website, which is provided by and owned by Kajabi. Your usage of and participation in The Trusted Circle is subject to the following:
The Trusted Voice Website Terms and Conditions of Use (This document)
The Kajabi Policies
Referred to collectively as the ‘Terms’.
By using, browsing and/or reading The Trusted Circle, including but not limited to creating a Membership, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must immediately cease usage of The Trusted Circle.
(c) The Trusted Voice Community – also known as ‘TTVC’. The Trusted Voice Community is hosted on a Discord server. The Trusted Voice does not own Discord. The Trusted Voice facilitates the use of the Discord server, which is provided by and owned by Discord. Your usage of and participation in The Trusted Voice Community is subject to the following:
The Trusted Voice Website Terms and Conditions of Use (This document)
The Trusted Voice Community Guidelines
Referred to collectively as the ‘Terms’.
By using, browsing and/or reading The Trusted Voice Community, including but not limited to communicating with other community Members, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must immediately cease usage of The Trusted Voice Community.
(d) The Trusted Voice Facebook Community – also known as ‘TTVFBC’. The Trusted Voice Facebook Community is provided via a Facebook Group hosted on the Facebook website. The Trusted Voice does not own Facebook. The Trusted Voice facilitates the use of the Facebook Group via the Facebook website, which is provided by and owned by Facebook. Your usage of and participation in The Trusted Voice Facebook Community is subject to the following:
The Trusted Voice Website Terms and Conditions of Use (This document)
Referred to collectively as the ‘Terms’.
By using, browsing and/or reading The Trusted Voice Facebook Community, including but not limited to communicating with other community Members, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must immediately cease usage of The Trusted Voice Facebook Community.
1.4
Master Your Video reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Master Your Video updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Master Your Video in the user interface.
3. The Services
3.1
In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the 'Account').
3.2
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Name
(b) Gender
(c) Date of birth
(d) Email address
(e) Preferred username
(f) Password
(g) Links to your social media profiles (Such as LinkedIn)
(h) Submitting payment information via a secure payment gateway (When purchasing Services from The Trusted Voice)
3.3
You warrant that any information you give to Master Your Video in the course of completing the registration process will always be accurate, correct and up to date.
3.4
Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
3.5
You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Master Your Video;
or
(b) 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.
4. Your obligations as a Member
4.1
As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i)
the Terms and Community Policies; and
(ii)
any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have 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;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Master Your Video of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
(h) 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 providing the Services;
(i) 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 Master Your Video;
(j) 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;
(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Master Your Video for any illegal or unauthorised use of the Website; and
(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Payment
5.1
By Master Your Video offering the Services to you, you agree that payment for the purchase of any goods and/or services must be paid for in advance before any goods and/or services can be provided.
5.2
By purchasing goods and services through us, you acknowledge that we utilise the services of third-party payment providers including but not limited to PayPal and Stripe.
When purchasing goods and services through us that are billed as a recurring subscription, the third-party payment provider will bill your nominated payment method until you cancel the recurring subscription.
When a recurring subscription is cancelled after the billing date, the subscription will be cancelled after the next billing date.
By purchasing any goods and services you acknowledge that the terms and conditions of the payment provider relevant to your purchase will apply.
Should you have any concerns relating to the third-party payment provider please refer the terms and conditions on their respective websites.
For the avoidance of any doubt, you agree that any transaction fees and currency conversion fees when using the third-party payment providers will be borne solely by you.
6. Refund Policy
6. Refund Policy
6.1
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Master Your Video’s liability for any breach of any implied warranty in this agreement is limited to:
the supplying of the goods or services to you again
the replacement of the goods; or
the payment of the cost of having the goods or services supplied to you again.
6.2
Since Master Your Video is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, Master Your Video does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.
6.3
Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then Master Your Video requires the Receiver to:
(a) contact the Provider directly to request a refund; and
(b) if contacting the Provider is not successful after fourteen (14) days, contact Master Your Video through the 'Contact Us' section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.
6.4
The Receiver acknowledges that they will not be given a refund if they have had a change of mind pursuant to Consumer Affairs Victoria.
Under the Australian Consumer Law, the Receiver is only entitled to a refund or replacement for a major problem with a product.
To receive a refund, the Receiver must within 48 hours of their purchase explain in detail the reason(s) for the refund.
6.5
If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately:
(a) complete the Master Your Video refund request form (the 'Request Form') provided on the Website; and
(b) provide both the Request Form and the email from the Receiver requesting the refund to Master Your Video.
6.6
If the Provider agrees to a refund it is acknowledged that the Provider will instruct Master Your Video to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by Master Your Video in processing the refund.
6.7
Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this Clause of these Terms.
7. Copyright and Intellectual Property
7.1
The Website, the Services and all of the related products of Master Your Video are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Master Your Video or its contributors.
7.2
All trademarks, service marks and trade names are owned, registered and/or licensed by Master Your Video, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use. Master Your Video does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Master Your Video.
7.3
Master Your Video retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
7.4
You may not, without the prior written permission of Master Your Video and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
7.5
Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Master Your Video a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
8. Privacy
Master Your Video takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Master Your Video's Privacy Policy, which is available on the Website.
9. General Disclaimer
9.1
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
9.2
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
(b) Master Your Video will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
9.3
Use of the Website and the Services is at your own risk. Everything on the website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind.
None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Master Your Video make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Master Your Video) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability, or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Master Your Video; and
(d) the Services or operation in respect to links which are provided for your convenience.
10. Limitation of Liability
10.1
To the maximum extent as permitted by law, Master Your Video's 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.
10.2
You expressly understand and agree that Master Your Video, 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.
10.3
You acknowledge and agree that Master Your Video holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
11. Termination of Contract
11.1
If you want to terminate the Terms, you may do so by providing Master Your Video with 14 days' notice of your intention to terminate by sending notice of your intention to terminate to Master Your Video via the 'Contact Us' link on our homepage.
In the event that this Agreement expires, or you choose to terminate it, no portion of any payments of any kind whatsoever previously provided hereunder shall be owed or repayable or refunded to you except those stipulated under the Australian Consumer Law.
11.2
Master Your Video may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Master Your Video is required to do so by law;
(c) Master Your Video is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by Master Your Video is, in the opinion of Master Your Video, no longer commercially viable.
11.3
Subject to local applicable laws, Master Your Video reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Master Your Video's name or reputation or violates the rights of those of another party.
11.4
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Master Your Video have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
12. Indemnity
12.1
You agree to indemnify Master Your Video, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) 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 Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.
13. Dispute Resolution
13.1
Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):
13.2
Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, 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.
13.3
Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 14 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;
(b) If for any reason whatsoever, 14 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 the President of the Australian Mediation Association or his or her nominee;
(c) 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;
(d) The mediation will be held in Melbourne, Australia.
13.4
Confidentiality:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
13.5
Termination of Mediation:
If the Dispute is not resolved within 2 weeks of the appointment of the mediator, either party may by notice in writing to the other terminate the mediation proceedings. Upon the termination, either party will be entitled to commence court proceedings in relation to the Dispute.
14. Venue and Jurisdiction
The Services offered by Master Your Video is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
15. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
17. Delivery of Goods
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of The Trusted Voice.
Digital goods are delivered immediately.. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you. When using The Trusted Voice, you acknowledge that you exercise your own caution and understand that there are inherent risks associated when downloading any software and digital goods.
18. Exclusion of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
19. Severance
If any part of these Terms is found to be invalid, unlawful or otherwise unenforceable by a Court of competent jurisdiction, such provisions shall be severed from the remainder of the Agreement. The remainder of the Agreement will remain valid and enforceable notwithstanding any such severance.
