Membership Terms & Conditions

Membership Terms and Conditions

Welcome to  https://www.marketingpractices.com.au/ (our Site).   

Marketing Practices by Thought Creators ABN 602849696 (“Marketing Practices”) is a marketing coaching and support membership site for busy dental, medical, chiropractic and physiotherapy practice owners who could do with practical coaching and support in current marketing strategies to improve marketing, attract new patients and retain existing patients. 

Marketing Practices empowers practice owners with marketing knowledge and expertise to confidently implement their own marketing strategies by providing mentoring services, practical advice, providing training and acting as a marketing help desk where practices owners can access timely and unbiased marketing advice. 

These Terms and Conditions (“Agreement”) govern your use of the Marketing Practices Membership site and our Products and Services, and form a binding contractual agreement between you, as either a user or member of this Site and us.  

Please ensure that you read this Agreement carefully and contact Marketing Practices at [email protected] if you have any questions before subscribing to the Membership or purchasing Products and Services. 

This Agreement constitutes the entire and only agreement between you and Marketing Practices and supersedes all prior agreements, conduct, representations, and understandings.  

You warrant you are 18 years or above and have the legal capacity and authority to enter into this Agreement. 

Terms and Conditions

1. Acceptance of terms
1.1    By subscribing, accessing, downloading or using the Products and Services offered on our Site, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
1.2    We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site.
1.3    Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your subscription or use of the Products and Services.

General disclaimer
2.1   All Marketing Practice Products and Services offered on the website and via subscription are intended for general education and information purposes only.
2.2    Nothing on this Site, or any of the content provided to you by us during our provision of the Products and Services, purports to offer financial or legal or other professional advice.
2.3    You are advised to always seek professional advice before acting on any information that we provide.
2.4   Marketing Practices provides marketing education, coaching, support, guidance, and tools for small business, but any decision you make, and the consequences that flow from such decisions are your sole responsibility. Your success depends on many factors, including your personal business and marketing skills and background and application.
2.5   Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
2.6   You acknowledge and agree that Marketing Practices, its employees, and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

Earnings and income disclaimer
2.7   Marketing Practices cannot and does not make any guarantees about your ability to get results or earn any money with our templates, tools, ideas, information or strategies.
2.8   You acknowledge that there is an inherent risk in any business enterprise or activity           and there is no guarantee that you will earn any money as a result of your purchase of our Products or Services.

3. Becoming a member

Registration

You can become part of the Marketing Practices community by registering your membership via the registration process on our site. 
4.1   Membership is offered periodically. Enrolment dates are available on the website.
4.2   You must provide accurate, complete and up-to-date Membership registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
4.3   We may, at any time, request a form of identification to verify your identity.
4.4   By becoming a Registered Member of this Site, you acknowledge and agree that:
a. You are solely responsible for the protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time;
b. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
c. You will immediately notify us if your Password is lost or becomes known to any other person;
d. You are solely responsible for all access to and use of this Site via your password, whether such access or use is by you or any other person; and
e. Any information you provide to us for posting or inclusion in our online community, at any time, becomes our property.

To the extent that you provide personal information, Marketing Practices will treat such information strictly in accordance with its Privacy Policy at https://www.marketingpractices.com.au/pages/privacy-policy

5. Benefits of Membership
5. 1    Benefits of Membership include access to:
Training Modules

- Online training modules designed to take you step by step through the Success Roadmap (released weekly with the exception of implementation weeks).
- Workbook, templates and checklist downloads. 
- Masterclasses with guest experts.

Mentoring
- Individual mentoring via a 30min Zoom video conference call once per month. 
- Marketing helpdesk. You can submit your questions to be answered during a live Q&A session or you can watch the replay if you can't join us live. 
- You can also ask questions to the community in our exclusive membership Facebook group that you'll gain access to when you join.  

Inspiring Community
- Access to the Marketing Practices exclusive Facebook community 
- Access to special Member Offers.
- Additional coaching calls may be purchased when required.

Membership
- The membership fee at enrolment will remain the same for the life of the membership.

6. Content
6.1   Video training content is released weekly into the Membership Content Hub.
6.2   Content is available to the member for the duration of the Membership subscription.
6.3   Upon cancellation, access to content will cease to be available after the last day of the billing cycle of the month of cancellation.

Content review/update
6.4   All content within the Membership Content Hub is reviewed quarterly to ensure relevance and to remain current with online and offline marketing developments, changes in technology and the introduction of new technology and applications.

Implementation weeks
6.5   Implementation weeks including a Q & A session will be scheduled on a regular basis to allow members to “catch-up” with content and ask questions.

Delivery
6.6   The main method of delivery of content in the Content Hub is via video.
6.7   Workbooks, templates and checklists are available via PDF downloads.
6.8   All live coaching is via Zoom and presented within the private Marketing Practices Members Facebook group.
6.9   Membership announcements for example at the time of new module release will be shared via email.
6.10  Content from time to time may also be delivered by email.

7. Member Obligations

Professional responsibility
7. 1   Australian health practices and practitioners are bound by the Guidelines to Advertising Regulated Health Services (AHPRA), and individual professional bodies for example Dental Board of Australia, Chiropractic Board, Medical Board of Australia, Physiotherapy Board of Australia.
7.2    It is the responsibility of the Practice Owner to adhere to all relevant guidelines when marketing their practice.
7.3    Marketing Practices may make reference to professional guidelines however any information provided in relation to AHPRA or other professional body guidelines is general information only and is not to be considered individual advice.
7.4    It is your responsibility as Member to ensure that you and your practice have read and understood all the relevant professional body guidelines including (but not limited to) AHPRA and to seek independent legal advice if required.

Conduct
7.5    When using our Products and Services, you may be given access to Facebook groups, bulletin boards, review services or other forums (Online Community) in which you may post comments, photos, messages or other material (Your Content).
7.6   When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Online Community any of the following:

• 7.6.1  Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
• 7.6.2  Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
• 7.6.3  Information that includes personal or identifying information about another person without that person’s consent.
• 7.6.4   Information that constitutes promotion or advertisement for product or services offered through competing internet platforms and businesses, except as otherwise expressly permitted by us.
• 7.6.5   Any information or content that impersonates any person or entity.
• 7.6.6   Marketing Practices strongly suggests you provide a Privacy Policy for your business that informs your clients about your policy in relation to the management of private information collected during marketing activities and campaigns.

7.7  By posting or otherwise publishing Your Content on our Site or Online Community, you:

• 7.7.1  Grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit Your Content in any form and for any purpose;
• 7.7.2   Warrant that you have the right to grant the above licenses;
• 7.7.3   Warrant that Your Content does not breach these Terms; and
• 7.7.4   Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

7.8  Marketing Practices reserves the right to:

• 7.8.1   Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
• 7.8.2   Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

7.9  Whilst using this Site and/or our Online Community, you agree you will not:

• Contact anyone who has asked not to be contacted.
• Collect personal data about other users for commercial or unlawful purposes.
• Infringe other user’s privacy rights.
• Violate the intellectual property of others.
• Post anything that contains software viruses, worms or any other harmful code.
• Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.

7.10   It is your responsibility to commit sufficient time and resources to learning and implementation required in the Membership to achieve reasonable results for your membership.

8. Membership fees and payment
8.1   The current Marketing Practices membership fee is as advertised on our website.
8.2   The membership fee at enrolment will remain the same for the life of the membership.
8.3   Where a member cancels membership and subsequently requests to rejoin, they may do so at the current advertised membership fee on the website.
8.4   Payment of membership fee is monthly in advance and by direct debit from your nominated credit or debit card.
8.5   All payments are processed through Stripe, our current third-party payment processor.
8.6   Marketing Practices does not retain credit or debit card information and information provided by you for the purpose of processing payment is managed by the Privacy Policy of the third-party payment processor.
8.7   Membership fees are in Australian Dollars ($AUD) only.
8.8   Marketing Practices reserves the right to change fees and charges at any time without notice. Please check the website for updated fees and charges.
8.9   Existing members will be provided with 30 days’ notice of any fee change.       
8.10 Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via our website are stated inclusive of GST.

9. Refunds
9.1 Refunds are not provided for Products and Services that have been provided by us, including membership fees where you have been given access to Our Content or our Online Community, whether accessed by you or not, unless we are in breach of the Australian Competition and Consumer Act 2010.

10. Cancellations
10.1   You may cancel your membership at any time by emailing your cancellation request to [email protected]
10.2   Upon cancelling your membership, you will still have access to the site until the end of the paid month.

11. Right to terminate
11.1 We reserve the right to terminate your use of the Site, Online Community or our Products and Services generally if you breach these terms, including conduct, as determined by us in our sole discretion.  

12. Intellectual property and copyright

• All material on this Site and in any online community hosted by this Site, or otherwise delivered by Marketing Practices including (but not limited to) videos, templates, PDF information downloads, Facebook live recordings (Our Content), is subject to copyright.
• While you may browse or print our content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it for any commercial purpose.
• Modification of our Content for any other purpose other than personal or internal business use is a violation of our copyright and other proprietary rights and is strictly prohibited. 
• You acknowledge that you do not acquire any ownership rights by using the Site or our content.
• The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Marketing Practices.
• The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Marketing Practices, in any manner that is likely to cause confusion with consumers, or in any manner that disparages Marketing Practices.
• Nothing contained on this Site or in our Online Community should be construed as granting, by implication or otherwise, any license or right to use any trademark without our express written permission.
• You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Marketing Practices will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights. 

13. Liability is limited

• The disclaimers, liability limitations, and indemnities within these Terms do not exclude your rights from those under Australian Consumer Laws.
• Marketing Practices does not make any express or implied representation or warranty about or shall be liable, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Online Community or Our Content.
• Marketing Practices is not liable and does not accept any liability for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, Online Community or Our Content.
• Marketing Practices is not responsible for and accepts no liability with respect to, content uploaded, posted, transmitted or otherwise made available on the Site by any person other than us.
• Marketing Practices will not be taken to have uploaded, posted, transmitted or otherwise made content available on the Site simply by facilitating others to post, transmit or otherwise make content available.
• Marketing Practice does not endorse any opinion, advice or statement made by any person other than us.
• You agree that we will not be liable for any loss or damage which you incur as a result of use of this Site including without limitation, damage caused by access delays, computer viruses, system failure or malfunction which may occur in your use of the Site or Online Community including hyperlink to or from third-party websites.

14. Indemnity

• You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms.
• We are not responsible for, and expressly disclaim all liability for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Online Community or through use of our products or services.

15. Links to third-party websites

• This Site may include links to other websites maintained by third parties which are not under the control of Marketing Practices (Linked Sites).
• Linked Sites are made available to you solely as a convenience, and the inclusion on the Site of links to Linked Sites does not imply endorsement by Marketing Practices of the Linked Sites.
• You access Linked Sites at your own risk and by accessing them you leave the Site.

  16. Assignment

• Transfer or assignment of your membership for any reason is not permitted under this Agreement.
• We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

17. Dispute resolution

• Should a dispute arise between us, we strongly encourage you to contact Marketing Practices at [email protected] to seek a resolution.
• Any reasonable requests will be considered and any refund agreed to is at the absolute discretion of Marketing Practices.
• Marketing Practices will attempt to resolve any escalated dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

18. Applicable law

• These Terms shall be construed in accordance with and governed by the laws of the State of New South Wales (NSW). You consent to the exclusive jurisdiction of the courts in NSW to determine any matter or dispute which arises between you and Marketing Practices.

If you have questions or comments regarding this Site, or Marketing Practices products or services, please email us at [email protected].

By proceeding with your membership subscription, you are confirming that you have read, understood and accepted the terms of this Agreement.