By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.
Terms and Conditions of Service WACA
1. DEFINITIONS
The following expressions used in these Terms and Conditions have the following meaning,
unless the context clearly requires otherwise:
(a) Claim means, in relation to a person, a claim, demand, remedy, suit, injury, damage,
loss, cost, liability, action, proceeding, right of action, claim for compensation or
reimbursement or liability incurred by or to be made or recovered by or against the
person or company, however arising and whether ascertained or unascertained, or
immediate, future or contingent;
(b) Contract means any Proposal accepted by you in conjunction with these Terms and
Conditions;
(c) Client (you / your) means the person or entity specified as “Client” on a Proposal;
(d) Debt means any and all moneys due and owing by you to WACA whether in relation to
one or more Contracts and includes, without limitation, any Overdue Amounts;
(e) Fees means the fees payable by you to WACA for the Services provided pursuant to a
Proposal, and includes fees for Term-Based Programs, One-on-One Services, and any
additional services WACA may offer;
(f) IP means all intellectual and industrial property rights (such as copyright and related
Rights), all Rights in relation to inventions (including patents and patent Rights), all
registered and unregistered trade-marks, all Rights relating to registered designs, and all
other Rights resulting from intellectual activity in the artistic, literary or scientific fields
excluding any moral attribution Rights;
(g) One-on-One Services means personalised sessions delivered by WACA to the Client
individually, whether in person, by telephone, or via an online platform, which may be
offered in addition to any Term-Based Program;
(h) Obligation means any express or implied legal, equitable, contractual, statutory or other
obligation, promise, agreement, covenant, commitment, duty, undertaking or liability;
(i) Participant means any individual (other than WACA or its personnel) who enrols in,
attends, or otherwise takes part in a Term-Based Program, One-on-One Service, or any
related community space operated by WACA, whether as a paying client or as an invited
guest;
(j) Proposal means any verbal or written communication made by WACA (or any person on
behalf of WACA) to you for the supply of Services to you, which includes via Services
advertised on our website, online booking services, social media, or other platforms;
(k) Overdue Amount means any amount of money that remains unpaid after the due date
specified on an invoice issued to you in respect of Fees payable under a Program Term,
One-on-One Service, or any Proposal you have accepted;
(l) Parties means you and WACA;
(m) Personal Information has the definition attributed to it under the Privacy Act 1988 (Cth);
(n) Program Term means the six-month or twelve-month period selected by the Client when
purchasing a Term-Based Program.
(o) Rights means any legal, equitable, contractual, statutory or proprietary right, chose in
action, power, authority, benefit, privilege, remedy, or discretion;
(p) Services means any service that WACA may provide from time to time, including but not
limited to Term-Based Programs and One-on-One Services. Services may be varied at
WACA’s sole discretion without prior notice;
(q) Term-Based Program means the ongoing provision of digital content, resources, group
programs, or community access provided by WACA for a fixed period (e.g. six or twelve
months), subject to these Terms and Conditions;
(r) Terms and Conditions means the Terms and Conditions set out in this document ;and
(s) WACA means Big Fat Mouths Media Pty Ltd ACN 678 342 446 trading as We Are
Creator Academy or Socially Sands and any of its related entities, servants and agents.
2. GENERAL
When you enter into a Contract with WACA you agree that:
(a) you have read and understood these Terms and Conditions and you agree to be bound
by them;
(b) these Terms and Conditions apply to every transaction for the supply of Services WACA
provides to you;
(c) each party will be and act as an independent contractor and not as an agent or partner
of, or joint venturer with, the other party for any purpose related to the Contract or the
transactions contemplated by any Contract, and you do not have any Rights, power or
authority to act or create any Obligation, express or implied, on behalf of WACA;
(d) during the rendering of Services and for a period of 1 year after the completion of the
Services, you will not solicit, offer employment, or in any way procure the services of an
employee of WACA or any consultant deployed by WACA in rendering Services to you.
In the event that you breach this provision, WACA will be entitled to recover from you,
liquidated damages on an indemnity basis.
3. SUPPLY OF SERVICES
(a) The Services may include Term-Based Programs and/or One-on-One Services.
(b) Unless expressly stated otherwise in a Proposal:
(i) Term-Based Programs will run for the applicable Program Term (six or twelve
months). At the end of the Program Term, your participation and access will cease
unless you and WACA agree in writing to renew for a further Program Term. There is
no automatic renewal or month-to-month continuation.
(ii) One-on-One Services will be provided at times agreed between the Parties and are
subject to the cancellation provisions in Clause 14 (c).
(c) WACA may subcontract any and all of its Rights and Obligations under any Contract.
4. COMMUNITY STANDARDS
(a) In accessing and using the Services, including any Term-Based Program, One-on-One
Services or community spaces provided by WACA, you agree to comply with the
community standards and behavioural expectations set out in these Terms and
Conditions, as well as any policies, codes of conduct or guidelines that WACA may issue
or amend from time to time.
(b) Without limiting the generality of the above, you must:
(i) conduct yourself respectfully and professionally;
(ii) maintain confidentiality in accordance with Clause 25; and
(iii) refrain from any conduct that may be harmful, disruptive, rude or offensive.
(c) Failure to comply with these community standards constitutes a material breach of this
Agreement and may result in immediate suspension or termination of your access to the
Services, without refund.
5. PROPOSALS TO SUPPLY
(a) WACA will provide you with a Proposal which may be delivered in writing, advertised on
our website, social media or via email.
(b) You acknowledge that by agreeing to our Proposal, you are agreeing to be bound by
these Terms and Conditions.
(c) You may accept a Proposal by:
(i) written notice to WACA;
(ii) making payment via the website or other online platform;
(iii) verbally communicating your acceptance to WACA personnel; or
(iv) allowing (through act or omission) WACA to provide Services to you.
6. ENTIRE AGREEMENT
(a) These Terms and Conditions and the terms of any approved Proposal are the only terms
that apply to the Contract.
(b) You fully indemnify and hold WACA harmless from any Claim based on terms and
conditions outside of these Terms and Conditions.
7. TERM
Each Contract will remain in force until varied in writing and issued by WACA.
8. OWNERSHIP OF IP FOR TERM-BASED PROGRAM MATERIAL
(a) The Parties agree that all IP created or supplied by WACA as part of any Term-Based
Program, including but not limited to digital courses, video content, community posts,
templates, guides, and resources, remains the sole property of WACA. Clients are
granted a limited, non-exclusive, non-transferable licence to use such IP solely for their
personal use during the Program Term. Clients must not reproduce, distribute, modify, or
exploit any Term-Based Program IP without prior written consent.
(b) Access to all program materials ceases when the Program Term ends. Clients will not
retain, download, or keep materials beyond that point.
9. OWNERSHIP OF IP FOR COURSE MATERIAL
(a) The Parties agree that IP that WACA makes, develops, or conceives in delivering its
Services to you for educational purposes, as a part of a course, or training, will remain
the sole property of WACA (to the extent that it was created by WACA and no other party
has ownership in the IP).
(b) You shall not sell, transfer, download, copy, share, publish, display, disclose or otherwise
make these Rights available to any third party without the prior written consent of WACA.
(c) You may print off one copy and may download the extracts, of any pages(s) from our
platform for your personal use only, and you may draw the attention of other to content
posted on our platform/s.
10. INSURANCE
You must maintain Public Liability insurance to a minimum of $5 million for each instance that
covers WACA and its servants, agents and employees in the event they are required to attend
any site or premises occupied (or controlled) by you. You agree to indemnify WACA against any
Claims resulting in our attendance at any site premises occupied (or controlled) by you.
11. NO REPRESENTATIONS
You acknowledge that no employee, agent, representative or affiliate of WACA has authority to
bind WACA to any oral representations or warranty concerning the Services. You agree that any
written representation or warranty not expressly contained in these Terms and Conditions is
unenforceable.
12. FEES AND PAYMENTS
(a) Fees for Term-Based Programs are payable in advance for the entire Program Term
unless otherwise agreed in writing.
(b) You may elect to pay Program Term Fees in full up-front, monthly, or in another manner
as specified in the Proposal.
(c) You authorise WACA (and its nominated third-party payment processor) to charge your
nominated payment method. Direct debit may also be used. Invoices are available upon
request.
(d) Under the Proposal, you have the option to choose your payment method which may
include direct debit, payment plan, direct upfront payment, monthly payment or otherwise
advertised by WACA.
(e) By entering into a Contract with WACA, you must pay WACA within the terms of the
Proposal, unless otherwise specified on an invoice or in a Proposal.
(f) If you fail to pay an amount due in accordance with Clause 12(d), the unpaid portion of
the relevant invoice becomes an Overdue Amount.
(g) You do not have any right to set off any amount against a Debt or Overdue Amount. You
agree any Claim you have against WACA for monetary remuneration will be made
separately to your Obligations to make payment of a Debt under this Contract.
(h) WACA may, at its discretion, charge dishonour fees or late fees for recurring late
payments and may waive or adjust such fees at its sole discretion. Interest may also be
charged at a rate of four (4) percent per month on any Overdue Amount until the
Overdue Amount is paid.
(i) Fees for One-on-One Services are payable per session at the rate specified in the
Proposal or booking platform. Unless otherwise agreed in writing, payment must be
made in full prior to the scheduled session.
(j) If you accept our Proposal, our rates for Services provided pursuant to that Proposal will
be as expressly stated in that Proposal (or any further correspondence we issue to you)
and you acknowledge the provisions and expectations listed for the potential for any
Services to be required outside of the scope contained in the Proposal.
(k) If WACA foresees that further work is required and is not included in the scope of the
original Proposal, it will inform you in writing as soon as reasonably practicable.
13. DIRECT DEBIT
(a) WACA may require you to pay the fees specified in a Proposal by way of direct debit. In
such cases, you authorise WACA to debit the fee specified in the Proposal from your
nominated account.
(b) You acknowledge and agree that direct debit payments are managed on behalf of us by
a third party.
14. CANCELLATION AND REFUNDS
(a) Program Terms automatically finish at the end date of the Program Term. There is no
right to early cancellation.
(b) Strictly no refunds are offered once a Program Term has commenced. Refunds may only
be given at the sole discretion of WACA in exceptional circumstances.
(c) Refunds will not be provided for change of mind, failure to attend, or failure to use the
Services.
(d) One-on-One Services: you must provide at least 24 hours’ written notice if you need to
cancel or reschedule a one-on-one session. Failure to provide such notice will result in
the session being forfeited and the fee for that session remaining payable in full.
15. PRIVACY
(a) From when you contact us, we will collect Personal Information about you, including
information relating to your personal life, employment and business. Your Personal
Information may be:
(i) transferred to and stored out of Australia, including to a country that does not have the
same level of privacy protection as Australia; and
(ii) disclosed to and used by other third-party contractors or persons, to allow you access to
our Services.
(b) By entering into this Contract, you consent to us collecting, using, disclosing, and dealing
with your Personal Information in accordance with this clause. You consent to the
transfer and storage of your Personal Information outside Australia, and the disclosure
and use of your Personal Information to third-party providers inside and outside
Australia.
(c) You must tell us promptly if you change your contact or payment details or if there is a
change to other relevant Personal Information.
(d) We will handle Personal Information in accordance with our Privacy Policy available on
our website, which forms part of these Terms and Conditions.
16. OUR PROMISE TO YOU
WACA is passionate about providing Service that is of high quality and high professional
standard. If at any point you are not completely satisfied with the Service we have provided, we
encourage you to bring this to our immediate attention. We will then, appropriately address your
concerns.
17. DISPUTE RESOLUTION
(a) If you consider there is a genuine dispute between the Parties regarding any aspect of a
Contract, you must give WACA notice in writing setting out the full details of the dispute
(Dispute Notice) before seeking arbitration or commencing other legal proceedings. The
Parties agree to take the following steps to resolve the dispute:
(i) for a period of 14 days after a Dispute Notice is given (or a longer period if the Parties
agree in writing), the Parties will engage in negotiations and discussions in order to
seek to resolve the dispute;
(ii) the Parties must participate in the negotiations and discussions and use all
reasonable endeavours to resolve the dispute. The Parties may also appoint third
party consultants to assist in the resolution of the dispute;
(iii) if the Parties cannot resolve the dispute within the period stated in paragraph (i)
above, the dispute may be referred to –
(iv) mediation provided that both parties agree to refer the matter to mediation and agree
to the appointment of a particular mediator; or
(v) a court of competent jurisdiction or an adjudicator with jurisdiction to determine the
dispute, such referral being made by either of the Parties.
18. ILLEGALITY AND SEVERABILITY
(a) So far as possible a Contract will be construed so as not to be invalid, illegal or
unenforceable but if any provision is deemed by a court of competent jurisdiction to be
illegal, invalid or unenforceable:
(i) that provision will be read down to the extent necessary to ensure that it is not illegal,
invalid or unenforceable and in such manner as may be reasonable in all the
circumstances so as to give it a valid operation of a partial character; or
(ii) if the provision or part of it cannot be read down in a manner that will give it a valid
operation, then the provision or relevant part will be deemed to be void and severable
and the remaining provisions of this document will not in any way be affected or
impaired.
19. OUTSOURCED SERVICES
We may engage third parties to provide the best possible Service. You agree to us utilising
such third parties to provide Services to you.
20. JURISDICTION
You agree that the laws of Victoria apply to a Contract regardless of your business, residential
location, the location nominated for delivery of any Services, the address for the supply of
Services or any other factor.
21. ELECTRONIC COMMUNICATION
You agree that we will communicate with each other by electronic means such as e-mail or
SMS. You recognise e-mail and the internet are inherently insecure and that emails and data
can become corrupted, are not always delivered promptly (or at all) and that other methods of
communication may be appropriate. You acknowledge such hazards and you acknowledge that
you are responsible for protecting our own systems and interests and we are not responsible
for any loss or damage in any way arising from the use of electronic communication.
22. LIMITATION OF LIABILITY
(a) WACA expressly disclaims, to the fullest extent permitted by law, all express, implied and
statutory warranties.
(b) To the maximum extent permitted by law, WACA excludes all liability for indirect,
consequential or economic loss (including loss of profits, goodwill or opportunity). Where
liability cannot be excluded, it is limited to resupply of the Services or the cost of
resupply.
(c) You agree that WACA will not be liable for any damage, loss, expense, charge or cost
incurred by you as a consequence of:
(i) any delay by WACA to supply Services to you, whether caused by breakdown,
accident, collision, termination of Services by you, termination of Services by WACA
or otherwise;
(ii) termination of Services by you;
(iii) termination of Services by WACA;
(iv) any injury or death to a person; and/or
(v) any damage to property;
whether caused directly or indirectly.
(d) You must fully indemnify WACA against any Claim against WACA under a Contract or as
a result of entering into a Contract and arises from or in connection with:
(i) any injury or death to a person; and/or
(ii) any damage to or theft of property.
23. TERMINATION
(a) WACA may issue a written warning to any Client whose conduct breaches these Terms
and Conditions.
(b) If behaviour continues or is considered serious misconduct, WACA may immediately
terminate your participation.
(c) Termination does not relieve you of your obligation to pay any Fees or Overdue Amounts
accrued prior to the date of termination.
(d) WACA reserves the right to exclude individuals under a 'no tolerance' policy for harmful
or disruptive behaviour.
24. EFFECT OF TERMINATION
Your Rights and Obligations which in their nature are intended to continue even after
termination of a Contract shall continue to exist after termination of such Contract, including
amongst others, the provisions with respect to payment of fees, the Rights, limitation of liability,
confidentiality, governing law and competent courts.
25. CONFIDENTIALITY
(a) The Parties, together with all Participants participating in Term-Based Programs and
One-on-One Services, agree to receive and hold in complete confidence all information
which they may obtain directly or indirectly in connection with any Contract or Program,
including the information shared within the community or by other Participants (the
“Confidential Information”). All Clients acknowledge that the Programs are built on trust,
and agree to respect and protect the confidentiality of others at all times.
(b) Confidential Information must not be disclosed, shared, or used except as necessary for
the proper execution of a Contract, another Participant or participation in a Program. This
includes (without limitation) information, strategies, experiences, stories, and situations
disclosed by other Participants. Confidential Information may only be communicated in
confidence within the receiving party’s organisation where strictly necessary, and only to
persons who have a genuine need to know such information for the proper execution of a
Contract. The Parties and Clients warrant that such persons will be bound by the same
confidentiality obligations.
(c) All Parties must take reasonable steps to ensure that Confidential Information is not
disclosed to any third party, whether intentionally or inadvertently. This includes
maintaining respectful behaviour in community discussions, not recording or reproducing
Program content, and not disclosing other Participants’ experiences, strategies, or
personal situations outside the Program.
(d) The Parties agree to return all tangible Confidential Information of the other Party
including all copies made thereof, promptly upon request by the other Party.
(e) The obligations imposed by this Clause will continue in effect for a period of five (5)
years from the date of the last disclosure of any Confidential Information, or indefinitely in
respect of personal information and participant sharing that is sensitive in nature.
(f) This clause obligation applies whether or not the information is expressly identified as
confidential.
(g) In the event that you breach this clause, WACA may, at its discretion, immediately
suspend or terminate your access to the Services without refund. WACA also reserves
the right to pursue and recover any loss, damage, liability, cost or expense it incurs as a
result of the breach, on a full indemnity basis.
PRIVACY POLICY:
We keep your details private, no exceptions
Whenever our site collects, holds, uses, discloses or otherwise deals with personal
information, we are bound and must comply with Australia’s national privacy laws. These
are mainly found in the Privacy Act 1988 (Privacy Act) as amended from time to time, and
the Australian Privacy Principles (APPs) in the Privacy Act. Our privacy policy details the
practices and information that we collect so that you can be confident about how we
manage the personal information that is provided to us. This privacy policy applies to this
website and all products and services offered by us. By visiting and/or using this site you
agree to the terms of this policy and you consent to our use and disclosure of your personal
information in accordance what is set out below. This site is owned by us and may be
accessed in Australia and overseas.
Cookies and Pixels
A cookie is a small file placed in your web browser that collects information about your
web browsing behaviour. Use of cookies allows a website to tailor its configuration to your
needs and preferences. Cookies do not access information stored on your computer or any
Personal Data (e.g. name, address, email address or telephone number). Most web
browsers automatically accept cookies but you can choose to reject cookies by changing
your browser settings. This may, however, prevent you from taking full advantage of our
website.
Our website uses cookies to analyse website traffic, provide social media sharing and liking
functionality and help us provide a better website visitor experience. In addition, cookies
and pixels may be used to serve relevant ads to website visitors through third party
services such as Google Adwords, Tik Tok, Instagram and Facebook Adverts. These ads
may appear on this website or other websites you visit.
Why we collect personal information
We collect personal information for our business functions and activities including for
providing our services to you, providing you access to our platform, understanding your
needs and requirements, providing you with information about our services and products
and managing and running our website and social media platforms. When you subscribe to
submit an enquiry, create an account to access our platform, subscribe to our newsletter,
arrange a meeting or to comply with our legal obligations. With this information we will
provide information and communicate with our clients and contacts to keep our clients and
contacts informed and to responsibly market our services. We will generally collect your
personal information directly from you. We may do this when you meet with one of our
employees, communicate with us by telephone, mail, email, or subscribe to our
publications, fill out a form, participate in our promotions or workshops, or submit
information via our website or social media. You can choose not to supply personal
information, we may be unable to provide the information you request, or allow you to
participate in our events and promotions if we are not given the personal information we
request.
What is personal information?
Personal Information is information which can identify you and includes but is not limited to
name, address, telephone number and email address.
Use and disclosure of your personal information:
The personal information provided by you will only be used for the purpose for which you
provided it and for other activities that directly relate to that primary purpose. By filling in
your personal information you agree to be contacted by us, including via email, so that we
can provide you with further information on our products and services. You may opt-out of
receiving mailings from us at any time by clicking on the ‘Unsubscribe’ link in the email. We
may also use or disclose your personal information where you have consented to the use,
either expressly or by implication.
Sharing of your personal information
We will not sell, rent or trade your personal information to or with any third parties. We
may disclose your personal information to external service providers in the circumstances
discussed below. We may share your personal information with external service providers
who perform services on our behalf. For example, information technology service providers,
social media platforms, marketing and communications agencies, mailing houses, courier
services, debt collectors etc. We may use their services to handle the processing of
payments, to provide data storage, to host websites, to fulfil orders and shipments, to
assist in direct marketing, to conduct audits, to assist in analysing and helping us measure
the effectiveness of our advertising etc. Those companies will be permitted to obtain only
the personal information they need to provide the service. They are required to maintain the
confidentiality of the information and are prohibited from using it for any other purpose. We
will take all reasonable steps to make sure they comply with the same privacy principles
that govern our collection of your personal information. Some of these service providers
may be overseas. While we will do our best to make sure that overseas service providers to
whom we give your personal information will comply with the same privacy principles as
us we cannot guarantee it. By giving us your personal information you consent to the
disclosure of personal information to overseas service providers who may not comply. Your
information will be disclosed when we are obliged or permitted by law. Also, if you post or
send offensive, inappropriate or objectionable content anywhere on or to this website or
otherwise engage in any disruptive behaviour, we can use whatever information is available
to it about you to stop such behaviour. This may involve informing relevant third parties
such as your employer, internet provider and law enforcement agencies.
Automatic collection of information
We may collect information and other data from you by use of a cookie or other automated
means including server logs. A cookie is a packet of data that a website puts on your
computer’s hard disk to identify you as a visitor to that website. Use of cookies allows a
website to tailor its configuration to your needs and preferences. Cookies do not access
information stored on your computer or any personal information (e.g. name, address, email
address or telephone number). Most web browsers automatically accept cookies but you
can choose to reject cookies by changing your browser settings. This may, however,
prevent you from taking full advantage of our website. Our website uses cookies to analyse
website traffic and help us provide a better website visitor experience. You have the ability
to accept or decline cookies. Most browsers automatically accept cookies, but you can
usually modify your browser setting to decline cookies. If you choose to decline cookies,
you may not be able to sign in or use other interactive features of our sites and services that
depend on cookies. In addition to cookies, we may use other technologies, including single-
pixel gifs (also known as web beacons) on our websites and in promotional e-mail
messages or newsletters. These tiny electronic images assist us in determining how many
users have visited certain pages or opened emails, messages or newsletters. We do not use
these images to collect personal information
Marketing
We may send you surveys or marketing communications to inform you of new products or
services or other information that may be of interest. If you do not want to receive direct
marketing communications from us, it is easy to opt out. You can send us an email request.
Please keep in mind that, if you choose not to receive marketing communications, you will
continue to receive transactional or account communications (e.g., confirmation emails and
account balance statements).
Where your information is stored
Personal information that we collect may be stored and processed in Australia, and/or
other countries in which the company or its affiliates, subsidiaries, contractors or agents
maintain facilities. We take all reasonable steps to protect personal information no matter
what country it is stored in. However, information collected may be retained, and may be
stored, processed, accessed, and used in jurisdictions whose privacy laws may be different
and less protective than those of in Australia. By using our site or giving us the personal
information requested, you consent to any such transfer, processing and storage of
personal information outside of Australia.
Security
We will ensure that all personal information supplied is held securely, in accordance with
relevant data protection laws. We have industry standard security measures in place to
protect the loss, misuse, and alteration of the information under our control. We maintain
physical security over our premises and access to our computer systems is limited by user
identifiers and passwords.
Links
Our website may contain links to other websites. These links are meant for your
convenience only. Links to third party websites do not constitute sponsorship or
endorsement or approval of these websites. Please be aware that we are not responsible
for the privacy practices of such other websites. We encourage our users to be aware,
when they leave our website, to read the privacy statements of each and every website
that collects personal information. This privacy policy applies solely to information
collected by us.
Access rights/rectifying inaccuracies
You can request access to the personal information we hold about you. You also have the
right to have any inaccuracies corrected or personal information updated. Please see clause
‘Contacting us about Privacy’ for more information. If your personal information has been
disclosed to a third party, in accordance with this Privacy Policy, we will take reasonable
steps to notify the third party of the updated information.
Contacting us about privacy
A copy of this Privacy Policy will be made available to anyone who requests it. If you
believe we are breaching any of the APPs or the Privacy Act, please immediately contact
our business owner at [email protected] and we will promptly deal with any
breach of the privacy laws. If you have any questions about this Privacy Policy, the practices
of this site, or your dealings with this site, please contact us during normal business hours
(AEST) via our contact page details.
Change in privacy policy
We aim to ensure our Privacy Policy remains current and as a result this policy is subject to
change. We may modify this policy at any time, in our sole discretion and all modifications
will be effective immediately.