MyAFSA Terms and Conditions

INTRODUCTION:

This introduction forms part of these terms.

Prior to becoming a paid member of the My Australian Franchise Support Alliance Pty Ltd (“MyAFSA”) (operated by My Australian Franchise Support Alliance Pty Ltd ABN 77 687 024 308) please read these terms and conditions carefully (together with our Privacy Policy). As a paid member/subscriber you agree to being bound by our terms upon payment to us of your annual membership fee. A non paid member agrees to be bound to these terms where appropriate.

Membership with us is for a minimum a 12 month term in the ordinary operation of business – even if you choose monthly payment. You can cancel at any time and your membership will continue for the term you purchased only.

You acknowledge that you have explored the MyAFSA Website and that you are familiar with what MyAFSA offers you prior to making any payment to us and are satisfied with its current state of development and offering. The very nature of the MyAFSA offering is that it changes and develops over time and as part of this, you accept that its current state of development is suitable and that the manner in which it may change is at the discretion of MyAFSA at all times.

The provision of our services is a suite of benefits (videos and articles and advertising for some members only), which you agree to accept. The MyAFSA being a private corporate business focussed on helping you “learn, grow, succeed” in the manner determined by us at all times. By entering into our payment gateway, you confirm that you are 18+ years and by payment to us by a valid credit card, we accept your offer to engage our services. Which then (and only then) forms a binding agreement.

DEFINITIONS:

1. “MyAFSA” referred to in these terms means the entity which trades as the My Australian Franchise Support Alliance P/L;
2. “MyAFSA System” means the business system of the MyAFSA, at any point in time, as provided by the MyAFSA on the MyAFSA Website or otherwise;
3. “MyAFSA Members (or Members)” means paid members or those who take up our free offer;
4. “MyAFSA Website” means the URL known as myafsa.com.au;
5. “Offline” means not being on the Internet;
6. “Online” means as seen on the Internet;

WHAT YOU GAIN ACCESS TO:

8. By becoming a member of the MyAFSA you gain access to our range of services incorporated into the MyAFSA System, which may change from time to time. Any changes to the MyAFSA System is at the sole discretion of the MyAFSA at all times and you agree that by virtue of the disclosure given on the MyAFSA website, you understand that the services may change during your subscription period. If you are unclear of what you are to receive, then email us any questions before joining us – see our contact page on our Website;
9. You acknowledge that the MyAFSA is an Online and Offline business community and that the needs of such a community also change and vary in time;
10. MyAFSA will seek to provide uninterrupted access to the MyAFSA System, however there are always technical issues and interruptions (including planned interruptions) that may cause down times, which is inherent with any Online based business. You agree and understand fully that this is the case with such an offering;
11. You gain access to content (copyright materials) which we have a licence to use in perpetuity.  The copyright in all materials remains with the author. You must not misuse these materials.

USING OUR MyAFSA SYSTEM:

12. You agree to use the MyAFSA System in good faith and by doing so you will not bring harm or damage to any part of the MyAFSA System and or any third party and will not use the MyAFSA system in a way to defame any party – agreeing to indemnify us against any damages or harm that results from such action(s) you may take or from any relevant third party claims;

NATURE OF YOUR MEMBERSHIP WITH MyAFSA:

13. Your membership is a 12 month minimum online subscription (being a minimum contractual time which you agree to membership for) which expires 12 months from the date upon which you agreed to become a MyAFSA member and made payment to us;
14. Your membership will automatically renew unless you notify us in advance that you want to end your subscription with us;
15. You should always ensure to keep your details up to date – and this can be done easily by virtue of the MyAFSA online offering via the dashboard;

ATTENDING MyAFSA EVENTS:

16. You agree to our terms of entry (and the directions given to you at any venue by us) and if no such terms, you agree that you will obey the venue terms of entry at all times;

PAYMENT OF MEMBERSHIP FEE:

17. The MyAFSA annual membership fee is payable to the MyAFSA only through the MyAFSA Website (by secure payment) and we accept credit card payments by Mastercard or Visa or other payment system that our service provider may accept;
18. See our Website for the payment amounts. You agree to permit MyAFSA or its authorised agents to deduct your relevant bank account facility once you submit the credit card details to us, we doing so in the way you have chosen. You agree to having the required authority to use such payment option and that such authority is given to us and or our agent to make such payments to us for your ongoing 12 month subscription;
19. Refund of the Membership Fee is only permitted where the MyAFSA has breached this Agreement which includes any statutory fees (such as GST), and Membership fees are not held on trust for you and your payment to us is for access and membership to the MyAFSA System for the 12 month term and constitutes the reason for the consideration paid by you;

TRANSFER OF MEMBERSHIP:

20. Membership is non-transferable from member to member or from member to non-member;

ONLINE PAYMENT SYSTEM/CREDIT CARD:

21. When paying by credit card surcharges may be charged. As stated above, our acceptance is dependent upon a valid payment to us being made, by credit card;
22. Membership may be terminated by any party at any time for breach of this Agreement. Termination of membership will not result in any refund of the Membership Fee that has been paid thus far, unless the same is for reason of breach of the law by us – which is not admitted by us by any termination by us or you, and must be substantiated by you in writing to us and or our legal advisers;
23. Where there is no valid right to terminate by you (as this is a minimum 12 month subscription service) and you seek to cancel any ongoing payment, we reserve the right to pursue payment for the balance and or ban you from future membership with us;
24. Termination of membership by you can only take place when we have a written authorisation from you (to avoid false terminations by a third party), which satisfies us that it has originated from you. Providing also sufficient personal details to confirm that we should terminate your membership;
25. All data, information, copyright materials, logos and content provided to us by you (including all imagery taken of you or provided to us by you) for use into our MyAFSA System will form part of an irrevocable licence at all times – this being for an irrevocable term and an essential part of the membership in MyAFSA. You agreeing that we may use the same for the legitimate business interests of the MyAFSA;

26. Again, any logos, trademarks or copyright materials given by you to us are for a time that is in perpetuity;
27. A members “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by the MyAFSA to provide you with the services contemplated by this Agreement. Our Privacy Statement can be seen at myafsa.com.au;
28. Our Privacy Policy is included into these terms and by virtue of becoming a member you consent to some information about you being disclosed to others, as part of an online community. This is an inherent offering and your consent to this cannot be revoked – where such information then remains as part of the MyAFSA database;
29. The laws of NSW govern the parties to this Agreement, and the parties subject themselves to its jurisdiction;
30. Our Website Terms of Use (online) are produced here and form part of this binding Agreement:
    1. Links to Third Party Sites

This MyAFSA website may contain links to other websites (“Third Party websites”). The MyAFSA does not endorse or approve of the operators of Third Party websites nor can it confirm the accuracy of the information, graphics and material on those Third Party websites (“Third Party Material”). Subject to any applicable law (which cannot be excluded) the MyAFSA makes no warranties or representations in any way:

• regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party websites; or
• that Third Party Material does not infringe the intellectual property rights of any person or any other third party rights. The MyAFSA is not authorising the reproduction of Third Party Material by linking Material on this website to Third Party Material.

All offers to sell and any statements relating to any goods and services available on any Third Party websites are the sole responsibility of and given by the Third Party themselves. In so far as such offers and statements are made on the MyAFSA website, such offers and statements are made by MyAFSA on behalf of the operator, as an advertiser of their given products and or services and any benefits they have correspondingly provide to us, as an affiliate – as part of the suite of benefits we provide.

The MyAFSA otherwise expressly disclaims acting in any other respect on behalf of the Third Party.

Contract for Services

Where we provide a disclosure of the nature of what we offer, by virtue of what we have displayed on our site (much like a shop which displays good) – enabling you to make a full decision prior to entering into an agreement with us as to what we provide you with, as a purchase of our offering, this can be considered as an “invitation to treat,” where you are encouraged to review our site and consider all materials prior to entering into an agreement with us.

Unless expressly stated (through the process of the engagement and use of our payment portal) any general information from any third party:

• does not constitute an offer or inducement to enter into a legally binding contract; and
• does not form part of the terms and conditions for MyAFSA products and services – where only the MyAFSA Membership Terms & Conditions themselves (and these terms) can be regarded as binding (together with our Privacy Policy) once you accept our terms and proceed to our payment gateway – which is when you make an offer to us.

Until such a time, the display of any third party items (incorporated into the MyAFSA offering) and those that the MyAFSA offers is merely an invitation to treat. Whereupon, when we take payment from you, this is then our acceptance to enter into a binding agreement with you, which then gains you access to our online offering and enables you to have access to our online services.

While we have made every effort to ensure that information on the MyAFSA Website is free from error, the MyAFSA does not warrant the accuracy, adequacy or completeness of any and all material on this website. All information is subject to change without notice.

Video based information:

The MyAFSA recommends that you seek independent advice (of whatever kind) before acting upon any material on this website or Third Party Material, which includes all video information or other information. When you create content of any type, we have a licence to this for all time. We reserve the right to remove any content or use it for commercial reasons.

The video information on this site (which includes conversations and promotional materials) is not advice and can only be taken in the way it is intended – which is general conversational in nature. You cannot rely upon it as advice, as it would not be reasonable to do so and is not intended to be advice.

The MyAFSA does not guarantee that the MyAFSA website or Third-Party websites will be free from viruses, or that access to the MyAFSA website or Third-Party websites will be uninterrupted.

Subject to any responsibilities implied by law and which cannot be excluded, no member of the MyAFSA is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to material on the MyAFSA website or to Third Party Material, whether in contract, tort including negligence, statute or otherwise. Liability of any member of the MyAFSA for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at MyAFSA’s option, to:

• the supply of the services again (when you are a paid member); and
• Any other reasonable course the MyAFSA considers suitable.

Please contact MyAFSA if you would like to place a link to any part of the MyAFSA website – as this must be by consent.

31. MyAFSA reserves the right to vary and modify these terms as and when it choses, and doing so to suit the needs of its business and members and you agree to be bound by any reasonable variations and or changes; and
32. These terms, our MyAFSA Privacy Policy and the terms of use also seen on our Website constitute the entire agreement between you and the MyAFSA for the purposes of your membership with us.
33. In relation to any competition we run, the same is a game of skill not of chance. We reserve the right to select a winner, based on criteria which we select. The Leaderboards will play a key role in this process. The winner will be announced by us at our major event or on our site in the middle of the year, whichever comes first. The more points you have at the designated time on the Leaderboard(s) (which will be mid-year) the greater your chance of winning will be. See our awards page for further information on the awards we grant.
34. The content on the site are included into our terms, unless there is any inconsistency and if so these terms will prevail.
35. We reserve the right to approve any sponsor with us. The cost of this may vary and will be paid monthly to us.
36. Membership may also be terminated by us at any time should we consider that you are acting in a way that is detrimental to our business.
37. When you are dealing with us, those dealings with us will remain confidential at all times.
38. The content on this site is wholly the opinion of the author. The author agrees to indemnity MyAFSA against any harm they create in their content, should the same arise. We cannot guarantee the accuracy or correctness of the content and the content (video’s etc) is a guide only and (as noted above) you should obtain your own independent advice.