WITXH CHURCH MEMBERSHIP TERMS

Earth and Evolve

Thank you for joining Witxh Church. These Membership Terms set out how your membership works, so you know what to expect from us, and what we ask of you in return.

Witxh Church is the name of our women's empowerment circle community. It's a brand name only. Witxh Church is not a religious institution, and membership does not involve any religious instruction or practice.

These Terms are between Kellie Guenther trading as Earth and Evolve (ABN 98 157 048 260) of Pretty Beach, New South Wales (we, us, Kellie), and the person who joins Witxh Church as a member (you, your, Member), together the Parties.

By ticking the acceptance box at sign-up and making payment, you agree to be bound by these Terms. These Terms should be read together with our Witxh Church Disclaimer, which forms part of, and is incorporated into, these Terms. If there is any inconsistency between these Terms and the Disclaimer, the Disclaimer prevails on matters of scope of practice, and these Terms prevail on all other matters.

1.       What Witxh Church Is

(a)          Witxh Church is a private online community for reflection, connection and celestial-inspired ritual, open to women who join as Members.

(b)         Witxh Church is a brand name only. It is not a religious institution, denomination or organisation, and nothing provided as part of your membership is intended as religious instruction, teaching or practice.

(c)          Witxh Church is not therapy, counselling, medical care or professional advice of any kind. Full detail on what Witxh Church is, and is not, is set out in the Witxh Church Disclaimer.

2.       Membership Inclusions

(a)          Subject to your membership plan remaining active, your membership currently includes: fortnightly live circles; access to a private online community; weekly celestial updates; personalised astrological reflection questions for each fortnightly circle; and a digital copy of the Celestial Seasons calendar.

(b)         We may vary, add to or replace these inclusions from time to time, to keep Witxh Church fresh and responsive to the Community's needs. If we make a material reduction to inclusions, we will give Members reasonable notice.

3.       Membership Plans and Fees

(a)          Witxh Church is offered on a monthly subscription or an annual subscription. You choose your plan when you join.

(b)         Current fees for each plan are published at https://www.earth-evolve.com/witxh-church and may be updated by us from time to time. The fees that apply to you are those in effect at the time each payment is processed.

(c)          If we increase fees, the increase will take effect from your next renewal, and will not apply to a period you have already paid for. We will give you reasonable notice of any fee increase before it takes effect.

(d)         If we are registered for GST at the time a payment is processed, our fees are inclusive of GST unless we say otherwise.

4.       Payment

(a)          Membership fees are billed through our payment processor (currently Stripe) on a recurring basis according to your chosen plan, and will automatically renew at the end of each billing period unless you cancel in accordance with clause 5.

(b)         If a payment fails, we will let you know and attempt to process payment again. If, after three payment attempts, payment has not been successfully processed within 14 days of the first failed attempt, we may suspend your access to Witxh Church and cancel your membership.

(c)          You're responsible for keeping your payment details up to date through your Stripe account portal.

5.       Cancellation by You

(a)          You may cancel your membership at any time through your Stripe account portal.

(b)         If you cancel, your access to Witxh Church continues until the end of the period you've already paid for, and your subscription will then end. We don't provide refunds for the unused portion of a current billing period, except where required by law.

6.       Removal by Us

(a)          Membership of Witxh Church is subject to our Circle Agreements, which set out the conduct we expect from Members, and which are incorporated into, and form part of, these Terms.

(b)         We may suspend or permanently remove a Member from Witxh Church, on notice where reasonably practicable, for a breach of the Circle Agreements or any conduct we reasonably consider to be harmful to the Community or another Member.

(c)          Racism or hate speech of any kind will result in immediate and permanent removal from Witxh Church.

(d)         Where we remove a Member under this clause, we don't provide a refund for the remainder of the then-current billing period.

7.       Member Content and Licence

(a)          You retain ownership of any content you post, share or otherwise contribute within Witxh Church, including discussions, reflections and images (Member Content).

(b)         By posting Member Content, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce and display that Member Content, or extracts of it, within Witxh Church for the purpose of operating the Community.

(c)          If we'd like to use identifiable Member Content outside Witxh Church, for example in marketing or on social media, we will ask for your consent first. You can ask us to remove Member Content at any time, and we'll do so as soon as reasonably practicable.

8.       Our Intellectual Property

(a)          All frameworks, methodologies, calendars, reflection questions, session content and other materials we create and share as part of Witxh Church (Our Materials) remain our intellectual property.

(b)         Your membership gives you a personal, non-transferable licence to use Our Materials for your own personal use while you're a Member. You must not copy, reproduce, distribute, sell or otherwise share Our Materials outside Witxh Church without our prior written consent.

9.       Community Conduct

(a)          Witxh Church works because Members show up with honesty, respect and care for one another. You agree to engage with the Community, and with us, in line with the Circle Agreements.

(b)         We may moderate, edit or remove content posted within Witxh Church that breaches the Circle Agreements or these Terms.

10.       Not Therapy, Medical Advice or Religious Instruction

(a)          Witxh Church is a space for reflection, connection and community. It is not therapy, counselling, medical care, financial advice or religious instruction, and it isn't a substitute for professional support of any of those kinds.

(b)         Full detail on the scope, and limits, of what Witxh Church offers is set out in the Witxh Church Disclaimer, which you should read before joining.

11.       Australian Consumer Law

(a)          Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you under the Australian Consumer Law, or any other applicable law, which cannot be excluded, restricted or modified by agreement.

(b)         To the extent permitted by law, our liability for a breach of a non-excludable guarantee is limited, at our option, to resupplying the relevant services or refunding the fees paid for those services.

12.       Limitation of Liability

(a)          To the maximum extent permitted by law, and subject to clause 11, our total liability to you arising out of or in connection with your Witxh Church membership is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

(b)         To the maximum extent permitted by law, we are not liable for any indirect, special or consequential loss arising out of or in connection with your membership.

13.       Privacy

(a)          We handle your personal information in accordance with the Privacy Act 1988 (Cth), including the Australian Privacy Principles, and our Privacy Policy.

(b)         If we experience a data breach that's likely to result in serious harm to you, we'll comply with our obligations under the Notifiable Data Breaches scheme.

14.       Force Majeure

(a)          Neither Party is liable for a failure or delay in performing their obligations under these Terms to the extent that failure or delay is caused by circumstances beyond their reasonable control, including natural disaster, illness, government action or failure of a third-party platform we rely on to deliver Witxh Church.

15.       Dispute Resolution

(a)          If a dispute arises out of or in connection with these Terms, the Parties will first try to resolve it by discussion in good faith. If the dispute isn't resolved within 21 days, either Party may refer it to the Resolution Institute for mediation before commencing court proceedings, except where a Party seeks urgent interlocutory relief.

16.       Governing Law and Jurisdiction

(a)          These Terms are governed by the laws of New South Wales, Australia, and the Parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

17.    General

(a)          Variation. We may update these Terms from time to time, for example to reflect changes to Witxh Church or the law. We'll give Members reasonable notice of any material change. Your continued membership after a change takes effect means you accept the updated Terms.

(b)         Assignment. We may assign or transfer our rights and obligations under these Terms, including in connection with a sale or transfer of our business. You may not assign or transfer your membership without our prior written consent.

(c)          Entire agreement. These Terms, together with the Witxh Church Disclaimer and the Circle Agreements, are the entire agreement between the Parties about Witxh Church membership, and replace any prior discussions or understandings about it.

(d)         Severability. If any part of these Terms is found to be invalid or unenforceable, the rest continues to apply.

(e)          Notices. We may give you notice under these Terms by email to the address associated with your membership.