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Membership Terms and Conditions

[last updated March 2019]

 

When we use the words ‘we’, ‘us’ or ‘our’ we mean Benview Farms Pty Ltd ABN 59 613 378 206. These terms and conditions (‘terms’) apply to www.farmtoforkonline.com, our blogs or related forums (if any) and our social media platforms (collectively called ‘website’).

When we use the words ‘you’, ‘yours’ or ‘user’, we mean you, the user of our website.

If you sign up to become a member of one of our courses (or other product), these are the further terms and conditions that you agree to.

We encourage you to carefully read and understand these terms and conditions before purchasing our course (or other product). If you don’t agree, your remedy is to stop using our membership services.

We may update these terms from time to time and will post the amended terms in the members area of our website.

  1. Course Inclusions
    • When you purchase our course, you will have access to:
      • The 6-module course delivered via video and downloadable worksheets. We will grant access to the coarse content for the lifetime of the course which will end on April 1st Video content will remain the property of Farm to Fork Online and can be viewed by streaming only and not downloaded.
      • 3 hrs of live webinar allowing members the opportunity to ask questions;
      • The members area on our website where you will be able to access your account details; and
      • Members access to a closed Facebook site for further discussions and sharing of information between course members (subject to complying with our Social Media Rules of Engagement policy).
  1. Your Responsibilities
    • You are responsible for conducting your own due diligence to ensure the course offered is suitable for your circumstances prior to purchasing the course and the course material is suitable for your circumstances before applying what you learn.
    • Once you have purchased the course, you are responsible for your participation. We will not provide a refund if you choose not to complete all (or any) parts of the course.
    • You are responsible for your access to the course – for example you will need internet access to stream the video content, you will need to be able to access the live webinar to be able to ask questions.
    • You are responsible for applying information presented in the course to your circumstances. We are supplying information to assist you to produce a fork to farm business, we are not doing it for you. You are responsible for all aspects of determining if the information is suitable for your circumstances and, if it is, applying the information provided. Your success or otherwise will in part be determined by the actions you take or do not take.
  2. Our Responsibilities
    • We will make the course content available to you via password protected, online access. You will be able to download the PDF resources and materials however the Video content is only accessible via our website and cannot be downloaded. Materials will be available for the life time of the coarse which will be until 1st of April 2029
    • We will send you an invitation to join the closed Facebook Group affiliated with the course. It is your responsibility to then join the group.
    • We will send you an invitation to join the live webinar content affiliated with the course. It is your responsibility to then join the group.
  3. Creating your account
    • You must be over 18 years old to create an account and use our services.
    • When creating an account, you agree to:
      • abide by our social media rules of engagement (these can be found at [insert link]);
      • provide true and correct details when you set up your account;
      • keep your username and password secure and confidential and not share your access with anyone else;
      • accept electronic communications from us (you may unsubscribe from these at any time);
      • keep your contact details up to date;
      • not to engage in any internal or external spamming, or other similar actions;
      • not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, including other members and our staff;
      • not to post or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
      • make any payments associated with your account when they are due; and
      • contact us if you believe that your account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach.
    • We reserve the right to suspend, terminate or disable your account if we believe that you are in breach of any of these terms and conditions.
    • You may use your account on more than one device however we use IP address tracking software that tracks the IP address of every device that accesses our paid content and the email address associated with all active accounts. If we suspect you have shared your log-in details and, as a result of our investigation, we reasonably determine you are in breach of these terms, without limiting any other rights we may have, we reserve the right to close your account with no refund of membership payments, and prohibit you from opening a new account.
  4. Purchasing courses (or other products)
    • You may purchase courses and products that are listed as available for purchase on our website using the shopping cart.
    • We use third party providers for our cart platform (SamCart) and payment providers Paypal and Stripe.
    • We do not directly receive or store your credit card or other financial information.
    • Amounts shown on our website are in Australian Dollars.
  5. Money Back Guarantee
    • We offer a 30 day money back guarantee for our course. We want you to be satisfied with your purchase. If, within 14 days of the date you make payment for the course, you decide the course is not for you, you may request a full refund of your money be emailing us a request at support@farmtoforkonline.com . We will then arrange a refund of your money (back to the same account from which it was drawn) within 30 days.
    • It is important that you contact us within the 30-day period. For example, if you pay for the course on 1st May, you must contact us on or before 31st May to be eligible for the money back guarantee.
    • If you do not contact us within the 30-day money back guarantee, there are no refunds available for the amount(s) you have paid for the course. This is reasonable due to the online nature and accessibility of materials in the course. We have made resources available for you and it is up to you to make use of the resources.
  6. Payments and refunds for membership subscriptions
    • You will have two options at checkout for your payment for the course. You may pay:
      • the discounted course price of $1,497 up-front in full; or
      • the full course price of $1,800 in 6 monthly instalments of $300 per month.
    • If you choose to pay the course price by instalments, you have still agreed to pay the full price for the course and agree to complete all payments on the instalment plan, regardless of whether you use or complete the course. You authorise us via our SamCart platform to directly debit your account each month for the full 6 months without dispute.
    • You agree to pay any applicable surcharge on payments made by credit card.
    • Interest will be charged on any overdue payment, accruing daily from the date when payment becomes due, until the date of payment, at a rate of 8% per annum (compounding monthly).
    • In addition to the interest charged, you agree to pay our costs of enforcement if we have to enforce a debt owing to us under this agreement.
  7. No recommendations
    • Content in our closed Facebook group may be contributed by third parties. The person contributing that content is responsible for what they have provided. If you have any concerns about that content, you should contact the author directly.
  8. Copyright, Trademarks and other Intellectual Property
    • We either own or licence the intellectual property rights in the contents of our membership services, or have permission to use or display the material on our membership services, included the webinars.
    • You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements or other works, promote, create similar websites or courses based on our works, or in any way exploit or allow others to exploit any of our membership services content in whole or in part except as expressly authorised by us.
    • Other than for the purposes of personal viewing of the webinars and except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to use our membership services content, or our intellectual property.
  9. Security
    • We make efforts to maintain the security of our membership services.
    • We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.
    • Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.
  10. Disclaimer
    • The information we provide on our website and in our courses is based on our experience. Our journey may be different from yours. We make no warranty that the content we provide will be useful, suitable to your particular circumstances, compliant with the laws where you live, accurate, up-to-date or complete.
    • We are supplying the information for educational purposes and you acknowledge:
      • You will require further research to apply the course information to your specific requirements;
      • Dependent on the further research to be undertaken by you, you may need to modify some of the course material to make it suitable for your specific circumstances;
      • Any case studies, examples or testimonials are provided by way of example only and do not comprise any form of warranty or guarantee about the effectiveness of any idea or product discussed and our results may not by typical. There is no assurance that your results will approximate those presented or that you will do as well;
      • We are not providing specific investment advice. Any financial information provided is general in nature and does not take into account your specific circumstances. You should do your own research (including seeking independent financial advice if necessary) prior to applying the course information to your own circumstances;
      • If we discuss information about regulated activities, for example application rates, usage information or general information about pesticides, insecticides, fertilizers or similar, you must be especially careful as local laws for these items vary from place to place and many of the rules are very specific depending on where you live. We do not warrant that information about any regulated activity will be suitable for where you live, and you must seek independent advice for your locality and exercise caution when applying this information to your circumstances.
    • You specifically acknowledge and agree that your use of our website and/or course material is at your own risk and is provided on an “as is” and “as available” basis and we are not responsible for any direct or indirect loss, damage or issues you may suffer by using our website or any information contained in it.
  11. Limitation of liability
    • We will not be liable to you or any person or entity for loss or damage arising out of your use of our membership services or any other act or omission that is outside of our control.
    • We will not be liable to you or any other person or entity for any damages arising as a result of your use of our membership services, subject to the requirements of Australian Consumer Law.
    • Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to:
      • the provision of those services again, or
      • a refund equal to the total amount paid by you for the services that are the subject of your claim, even if those services were provided to you without cost, or
      • the replacement of a product purchased by you, or
      • the refund of the purchase price of a product purchased by you.
    • Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.
    • This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement, or your use of our membership services or the services found on our membership services.
  12. Indemnity
    • You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
      • your unauthorised use of our membership services, or products or services included or advertised on our membership services; or
      • your breach of these terms and conditions.
  1. Applicable law
    • This agreement is governed by the laws of New South Wales, Australia. You agree to be subject to the jurisdiction of the courts of New South Wales if there was a serious dispute between us without reference to conflict of laws provisions.
    • You may provide notice to us by email at support@farmtoforkonline.com. We may provide notice to you via email or other electronic means.
    • Use of our membership services is not authorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our membership services is unauthorized, it is your responsibility to stop using our membership services.
  2. Relationship
    • You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of this agreement or use of our membership services.
    • Our performance of this agreement is subject to existing laws and legal process. Nothing contained in these terms can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our membership services, or with regard to information provided to us, or gathered by us, about your use of our membership services.
  3. Validity
    • If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the terms and conditions will continue in effect.

End.