The Scale Society
Terms & Conditions
Please take the time to read and understand these Membership terms and conditions (Membership Terms) before you accept it. It is a legal contract. They govern your (your or you) use of The Scale Society (Site) as a member.
If anything is unclear, please ask before you accept. You have the right to obtain independent legal advice on this document before you proceed.
Once you click “I agree” you agree to the Membership Terms as a legally binding contract between you and Michoni Pty. Ltd. If you do not want to agree to these Membership Terms, we’re sorry, but we can’t accept you as a member.
In these Membership Terms, Content means all the content available on the Site including but not limited to lessons, tutorials, eBooks, videos, recordings, courses, templates, tools, swipe files, spreadsheets, assets and source files as well as any community content.
PAYMENT AGREEMENT CONTRACT
Monthly Memberships
Applies to memberships where payments are made every month for the duration of the membership term.
You understand and agree that you have committed to a contract which has membership fees paid by you at the rate offered at purchase time every month for a minimum term of 12 months. This means that you will be automatically charged each month unless you cancel.
Annual Memberships
Applies to memberships where payments are made every year (365 days) for the duration of the membership term.
You understand and agree that you have committed to a contract which has membership fees paid by you at the rate offered at purchase time every year for a minimum term of 1 year. This means that you will be automatically charged each year unless you cancel.
Cancellation of Monthly Membership
You understand that you are able to cancel your membership in the first 30 days as per our 30-day “Love It or Leave It” money back guarantee. Please email toni@tonibache.com to cancel.
You understand should you cancel your membership outside of the first 30 days, you are still bound to a minimum term of 12 months. As such your cancellation fee will be equal to the remaining value of your term at the time of cancellation which will be calculated as [remaining months] x [monthly payment].
Once your minimum term of 12 months is complete, you can cancel at any time with a minimum of 30 days’ notice. Please email toni@tonibache.com to cancel. You will not be charged in the future and will have access until the end of your paid month.
Cancellation of Annual Membership
You understand that you are able to cancel your membership in the first 30 days as per our 30-day “Love It or Leave It” money back guarantee. Please email toni@tonibache.com to cancel.
You understand should you cancel your membership outside of the first 30 days, no refunds will be provided.
Once your minimum term of 1 year is complete, you can cancel however we require a minimum of 30 days’ notice prior to your annual renewal date, once renewals have been processed there will be no refunds. Please email toni@tonibache.com to cancel. You will not be charged in the future and will have access until the end of your paid year.
For as long as you are a member in good standing you will maintain the price you originally purchased at and access to all past Site Content. Should you cancel your membership you will lose this access and should you re-join it would be at the price and access offered at the time you join again.
Debt Recovery
You agree to pay all costs, including debt collection agency fees and solicitor’s costs, that we may incur in taking steps to recover any money that you owe to Michoni Pty. Ltd., whether or not legal proceedings are issued for recovery of the monies. Interest of 10% may be charged for payments that are more than 14 days overdue.
MEMBERSHIP
As a condition in using the Site including its tools and services, you are required to register with site and select a password and username. You must complete the full registration process and shall provide the site with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Membership Terms, which may result in immediate termination of your account. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account.
Your Membership is non-transferable. You must not share your username and password with anyone else or allow anyone else to access the Site using your username and password.
You are responsible for every use of the Site that occurs in conjunction with use of your username and password. You must use reasonable efforts to keep your username and password confidential. You must notify us as soon as you become aware of any unauthorised use of your membership, username or password.
Membership is based on periodic subscription fees which are detailed on the Site’s sign-up page. Your membership, or access to Content and areas of the Site, will be suspended or cancelled if we do not receive the fees for your subscription type.
You can ask for a refund of subscription fees under our “Love It or Leave It” money back guarantee policy, during the first 30 days of your subscription. You may also have rights granted to you by law which may entitle you to a refund of fees in specific circumstances. Apart from those things, refunds of subscription fees will not be made.
AVAILABILITY AND USE OF THE SITE
The Site will usually be available 24 hours a day, seven days a week. We may, however, need to interrupt or suspend your access to the Site or the provision of the Site’s services and Content, for maintenance, technical or other reasons.
When accessing and using the Site and its services and Content, you must comply with directions, instructions or protocols posted on the Site.
We are pleased to be able to offer a wide range of exclusive Content on the Site for your educational and learning needs, which we aim to regularly add to. The Content will be updated, changed, or removed from time to time, at our discretion, so we can’t guarantee that specific Content will always be available on the Site.
RIGHTS TO CONTENT; INTELLECTUAL PROPERTY
Each item of Content is copyright of its author. We own any ‘The Scale Society’ contributed Content, and all other rights in the Site including its design, compilation and look and feel.
Your membership gives you a right (a revocable, non-exclusive licence) to use the Content for personal purposes. You must not redistribute Content (such as lessons, eBooks, videos, recordings, courses and source files). Any templates, swipe files, spreadsheets or other assets associated with Content are included to demonstrate the course or tutorial. You may use, modify and manipulate files for your own personal educational purposes, but you must not otherwise exploit the files and the assets in them, or redistribute the files or assets. If you love the Content, please ask your friends to become members too!
You may freely use the procedures and techniques demonstrated in the Content (that is, the knowledge you gain) for any commercial or personal purpose.
You agree and understand that you will not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the site including its tools and services.
The trademarks and logos displayed on the Site are, unless otherwise stated, those of Michoni Pty. Ltd. and others, and you must not use these without the approval of the relevant owner.
FAIR USE AND PROHIBITED CONDUCT
You are permitted to download Content to your computer as part of your membership. But your membership is subject to a ‘fair use’ policy. Our ‘fair use’ policy requires that your use of the Site and the Content must be fair, genuine and reasonable. For example, the total amount of Content you download must be reasonable in light of your genuine education and learning needs, and the time needed to genuinely engage with the Content. We will use our reasonable discretion to decide whether a member has complied with the ‘fair use’ policy.
You must not use scripts to automatically mass download Content.
You also must not:
a. use a false email address, impersonate others, or misrepresent your affiliation with others;
b. insert advertising, branding or other promotional content into the Site or Content;
c. attempt to gain unauthorised access to computer systems or materials through the Site;
d. engage in automatic gathering of information from or through the Site (such as “spidering”, “screen scraping”, “database scraping” or harvesting of e-mail addresses);
e. attempt to interrupt or alter the Site’s operation in any way (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine );
f. use the Site or the Content in a way that violates applicable law, that violates third party intellectual property or other rights, or that is, fraudulent, obscene, offensive, or defamatory; or
g. except as allowed in these Membership Terms, copy, distribute, transmit, modify or otherwise exploit the Content or any other data or code made available through the Site.
INTELLECTUAL PROPERTY COMPLAINTS
We respect the intellectual property rights of others and require that you do the same.
Please contact us if you believe that your intellectual property or other rights are being affected by anything on the Site.
If you are specifically making a copyright-based claim regarding Content, please forward the following information to us:
a. your address, telephone number, and email address;
b. a description of the location of the alleged infringing material;
c. a description of the copyright work that has been allegedly infringed; and
d. a statement by you that you warrant that the information given in your claim is accurate and that you are either the copyright owner or are authorised to act on the copyright owner’s behalf.
AUDIO-VISUAL RECORDINGS
By accepting this proposal, you are agreeing to us recording our sessions together.
You may not record these sessions using your own device without prior consent.
Screen shots, clips and other material may be recorded and published with your permission. Confidential information will never be shared.
You will have access to a copy of recordings via the Site.
Snippets or excerpts of the recording in its entirety may be used for promotional reasons on platforms, social media and our website. Recordings may also be used if required for legal reasons and shared with our legal advisers.
If sharing with others we will remove or alter any identifying personal details to preserve your identity if required. We are very conscious of your IP and will take all reasonable efforts to maintain confidentiality and discretion, except in group appointments, where you acknowledge and agree that other members of the group who were not in attendance have a right to watch the full recording.
You agree for us to share your image on social media (with appropriate tagging) for us to promote the membership.
COMMUNITY RULES
Please read our Community rules, which are part of these Membership Terms and apply to content contributed to the Sites by members (such as comments, reviews and forum posts).
We reserve the right, but are not obliged, to monitor all matter posted to the Site. We are not responsible or liable for material posted by others. We do, however, reserve the right to edit, refuse to post or to remove matter that in our discretion is objectionable or in violation of these Membership Terms, our policies or applicable law.
You must not upload or post any materials that:
a. restrict or inhibit others’ use or enjoyment of the Site;
b. are false, misleading, fraudulent, unlawful, abusive, harassing, defamatory, obscene, vulgar, or offensive;
c. infringe others’ rights, including privacy or intellectual property rights;
d. disclose personal information about others, particularly sensitive information;
e. contain a virus, spyware, or other harmful component; or
f. contain commercial solicitation or ‘spam’ of any kind.
PRIVACY
Our information collection and use of any personal information about you is set out in our Privacy Policy.
Personal information that you disclose may be used by Michoni Pty. Ltd., its agents and contractors in relation to your membership and the Site, including marketing activities for the Site.
We may disclose any personal information as necessary to satisfy any law, regulation or government request.
You agree not to disclose information you obtain from us and or from our members, clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Michoni Pty. Ltd. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
REFUSAL, SUSPENSION OR TERMINATION OF MEMBERSHIP
We may, in our discretion, immediately restrict, suspend or terminate your membership and access to the Site if we consider you in breach of these Membership Terms, any other Site rules, or applicable law.
We reserve the right to refuse membership in our discretion (examples include previous breaches of membership terms on any of our websites and previous utilisation of the Site’s “Love It or Leave It” money back guarantee).
LIABILITY AND DISCLAIMER
It is our intention to teach you strategies, tools and systems that work for you and your business.
You take full responsibility for your actions and hold Michoni Pty Ltd blameless for anything that might go wrong while you are using the tools and methods we have taught you. We do not accept any responsibility for the technical tools, apps and programs we may suggest and teach in our sessions, and we don’t take any responsibility for your security, confidentiality or legal compliance.
You are responsible for implementation, ongoing improvement and quality assurance of any internal or external tangible or intangible parts of your business.
Except as provided in an applicable Non-excludable Law, we are bound only by the express promises made in these Membership Terms and are not bound by implied terms.
Except as provided in an applicable Non-excludable Law:
a. we do not promise that the Content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site or Content are free of viruses or any other harmful components; and
b. we make no promises regarding your access to, or the results of your access to, the Site or Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Except as provided in an applicable Non-excludable Law, we and our affiliates are not liable for indirect, incidental, special or consequential damages, loss or revenue or loss of profits which result from any use of or access to, or any inability to use or access, the Site.
You represent and warrant that (a) all of the information provided by you to our Site to participate in the Membership is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
You hereby accept and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site or the Services.
It should be noted that the Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Reasonable efforts have been made to accurately represent this membership and its potential, however in terms of earnings there is no guarantee that you will make any money using the techniques and ideas on the Site. You acknowledge that any information presented to you is not to be interpreted as a promise or guarantee of earnings of success.
In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at anytime. The information, content and services on the site are provided on an “as is” basis. When you use the site and or participate herein, you understand and agree that you participate at your own risk.
This experience is not a substitute for financial, legal or personal advice or counselling and cannot be used for any other purpose.
We endeavour to fulfil our responsibilities by giving you open and honest feedback and information, by being completely transparent in our skills, ability, confidence and competence and to let you know if we are feeling ‘out of our depth’. We will try to find resources and other experts to refer you to if needed and will listen to your concerns, fears and feedback.
Some precautions and considerations you may need to take to ensure your own suitability and safety are:
a) Ask for help and expert advice for personal matters if needed.
b) Take care when arriving at and leaving from venues.
c) Be careful of your step (watch for cords and obstructions).
d) Be aware of allergies (food, pets etc.).
e) Give honest information
You are responsible for your own wellbeing and safety at all times. Please inform us if you feel, at any time, unable to participate fully, or if you feel that you may be at risk.
This experience is not therapy or substitute for therapy.
We are not lawyers, organisational psychologists, financial planners, or counsellors. We recommend you seek professional advice and/or notify us as soon as practicable if you have any concerns or difficulties with changes, tools and plans we discuss.
At times before and throughout our sessions, we may advise you to consult a legal or financial professional or other expert before making certain decisions. You are solely responsible for following through with this advice, for the selection of an appropriate professional, and for implementing any suggestions that they may make.
Occupational Health and Safety
Should any sessions or events be held in person at our home, in a public space or at a hired venue and you agree to follow all appropriate OH&S procedures.
We are committed to providing a safe, supportive and equal environment for ourselves, our team and our clients.
CHANGES TO MEMBERSHIP TERMS
We may change these Membership Terms from time to time, but we will notify members before doing so. You will be given the opportunity to cancel your subscription with a pro-rata refund (based on time remaining in your subscription) if you do not want to accept the changes. If you do not opt out in this way, your continued subscription to and use of the Site will be an acceptance of the updated Membership Terms.
ENTIRE AGREEMENT
This Agreement shall be governed by and construed in accordance with the substantive laws of Australia, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.
APPLICABLE LAWS
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Queensland, Australia, to the exclusion of any other courts without giving effect to its conflict of law provisions or your actual state or country of residence.