Smartphone Photography Club – Membership Terms & Conditions
Our core ethos for Smartphone Photography Training providing the community and full online resources via the Smartphone Photography Club is to assist mobile photographers become the confident and creative photographers they desire and deserve to be through a positive, supportive community and quality structured training.
This document details from the outset the way in which we will deliver our services to you. If you are planning to join the Smartphone Photography Club, then you must read these terms and conditions in full prior to purchasing a Membership.
1. Membership Terms & Conditions ('Terms'): Key Details
These Terms cannot be varied and in proceeding to purchase the Membership you will be deemed to have accepted these Terms. The Terms set out below apply to the services offered by Smartphone Photography Training. Please read them carefully as they affect your rights and liabilities under law and set out the Terms under which Smartphone Photography Training ("we", "our" or "us") provide services to you, as purchaser of the Membership. These Terms are subject to any rights you have under consumer law to which we are bound and which cannot be waived by contract.
Please be aware that we may update these Terms at any time. Your continued use of the Membership indicates your acceptance of the terms and agreement to any changes.
2. Membership Outline
Smartphone Photography Club is a membership platform for smartphone photographers to access a community forum and training materials The Membership is an ongoing commitment where you can get regular support and guidance.
The Membership supports all users of mobile devices that have access to either the App Store or Google Play. This includes iPhone, iPad, Android and tablets. The concepts delivered around planning and composition are just as relevant to any dedicated camera owner. This Membership is not intended for professional photographers or those wishing to make money out of their photography. We are here for passionate hobby photographers who desire to improve their photography and connect with like-minded people.
This membership is suitable for any age, gender or background. Content is delivered in English.
4. Membership Specifics
There are four elements to the Membership [INSERT WHAT WILL BE AVAILABLE TO THE MEMBERS E.G.:
i) Numerous courses containing video lessons, text and activities
ii) Handouts and eBooks for easy use on any device
iii) Monthly Live Zoom calls for questions and photo feedback of selected photos provided by Members
iv) A private member-only section to the community forum
Monthly Live Zoom Calls
The monthly Live Zoom calls will be led by Mikes James who may be joined from time to time by active Members and/or guest hosts with relevant subject matter expertise. The actual date and time of the Live Zoom call will change from month to month to give most Members an opportunity to join.
The live sessions will not be recorded and made available. This may change on an individual basis if someone's photo is being reviewed and they are not able to attend. In any instance that the Live Zoom Call is being recorded, the permission of all attendees will be requested at the start of the Live Zoom call.
In addition to the Live Zoom Calls there will be additional training courses, resources and eBooks are available for members to consider in their own time. These are all available in the content library within the Membership account. New resources are continually being added and all efforts are made to ensure content within the courses is updated for currency and relevance.
For best results you should work through the 15-Step Roadmap first and then commence the Smartphone Photography Transformation Program in your own time. Failure to do so may limit your ability to learn from the tips and guidance shared in the live sessions. The content of all resources and training will be provided in English, translations and subtitles are not available.
Private Community Forum
You will have access to a member-only section of the private community forum to support you during the Membership. The intention of the community forum is to provide community support and a network of individuals at a similar stage of their photography journey and who are facing similar challenges.
From time to Mike James may post and offer support in the community forum but there is no guarantee that posts will be responded to immediately or that any messages will be monitored. All efforts are made to be available for you.
Please be advised that whilst we hope that you will be able to utilise the community forum, we make no guarantees as to the availability of the forum and/or the content within at any time. Therefore, always ensure that you have back-up copies of any information or photos shared within the community forum..
It is requested that at all times your behaviour towards others is polite and respectful. Should your behaviour be deemed offensive or inappropriate we reserve the right to remove you from the Membership with immediate effect.
Each person is responsible for their own behaviour and we will not be held responsible for the behaviour or actions of any other Members.
6. Membership Fees and Payment Terms
The cost of the Membership is set at the time you subscribe and is inclusive of VAT/Taxes. The Membership is an ongoing monthly subscription and payment via the secure Stripe service will be taken on the same day each month.
We reserve the right to change the content and delivery of the services within the membership and the associated price point at any time. Should we do this we will provide advance notice so that you can decide whether to consider your subscription. We shall never increase your membership fees without providing at least 28 days' notice and without providing you with advance notification.
7. Refunds and Cancellation
It is our aim that you will be completely happy with the Membership, receive quality training, enjoy the opportunity to engage with others in the community forum and feel supported in your photography journey.
However, we appreciate that there may come a time when you wish to leave the Membership.
You have the right to cancel and obtain a full refund within 30 days from the date of subscription. Refund requests should be made in writing to [email protected] and a full refund will be provided within 7 working days.
There is no obligation on us to refund any amounts paid where cancellation requests are made following the 30 day cancellation period.
We reserve all rights to cancel the service and offerings of the Smartphone Photography Club for any reason without prior notice. In such circumstance a refund will be provided for the remainder of that month or year as applicable.
Notwithstanding any right or remedy available to us, we may cancel your Membership with immediate effect
· If you fail to pay your Membership fees by the relevant due date;
· If you commit a repudiatory breach of the Terms of this agreement;
· As decided at our sole discretion from time to time
8. Contact and Schedule
It is the intention that the Membership will run continuously and that any training material, live Zoom Calls will be provided as set out above. Should an unforeseen reason arise which cause a session(s) to be postponed they will be re-arranged as soon as possible.
We make no guarantees or claims as to the success of any member. Each individual is unique and their abilities are unique to them. The aim is that Members have access to quality content that empowers them to be more confident and creative. Photography is very subjective and like all other artform, your success cannot be measured by awards or other metrics.
All training provided will be general information and guidance and will not be bespoke advice. We are not responsible for any action or inaction which you take as a result of the information within the Membership.
We ask that all members in the Membership respect the rights of others in respect of their behaviour and privacy. We will not be responsible for the action of any members including for any disclosures made by any members based on information which has been shared within the Membership.
10. Limitation of Liability and Indemnification
To the fullest extent permitted by applicable laws, we limit liability and responsibility for any harm resulting from your use of all or any part of the Membership. We shall not be liable to you for any damages, including lost profits, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised in advance of the possibility of such damages).
If we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Membership, our liability shall in no event exceed the total of any fees with respect to the Membership received by us from you, during the 6 months preceding the date on which the claim arose.
Nothing in these Terms shall limit or exclude our liability in respect to fraudulent misrepresentation, death, or personal injury, resulting from our negligence, or any other liability which cannot be limited or excluded by law.
You agree to indemnify, defend and hold us, our subcontractors and employees, harmless from any claim or demand, including solicitors' fees, made by a third party due to or arising out of your breach of these terms, or your violation of any law or the rights of a third party.
11. Privacy and Confidentiality
Your privacy and protection of your personal data is important to us. You are responsible for ensuring that your contact details are accurate and up to date, at the time of registration, and on an on-going basis thereafter.
During the course of the Membership you may have access to confidential information, in particular the personal affairs of other members. In accepting these Terms, you agree that you will not use or disclose to any person, organisation or company, and shall use your best endeavours to prevent the publication of, any confidential information relating to any other member.
You accept that any unauthorised disclosure of personal or confidential information belonging to another may amount to immediate dismissal from the Membership. Should you decide to leave the Membership then you remain bound by the confidentiality and privacy obligations.
Please be aware that some training sessions may be recorded and your name and image/video may be captured. The recordings of the training will be kept and made available to others in the Membership. If you provide or share any information within these sessions about yourself or your business that information will be shared within the club. Should you not wish to be recorded please ensure that if you attend any training your camera is switched off and your name field is changed to "Attendee" with your initials so that support can still be offered but no personal identifiable information will be captured.
Your log-in details must remain confidential, and you must not disclose this information to a third party, without our express permission in writing. If you know, or suspect, that your log-in details have been obtained by a third party, you agree to change your password immediately, and provide notification of the same as soon as possible to [email protected]
12. Intellectual Property
During your time as a Member you will be provided with online training content in the form of courses, video lessons, articles, checklists, eBooks, podcast episodes, privately listed YouTube video, and more. At all times the intellectual property rights and copyrights connected with those materials remain with us. You have the right to use the materials as learning tools but you are not permitted to duplicate, republish, reproduce, distribute, translate or provide copies to third parties. We retain and reserve all of our copyrights.
You agree that whilst in Membership, and for a period of 6 months following termination or cancellation of your Membership, you shall not use the confidential information revealed to you for any commercial purpose. In addition, you shall not elicit or entice away any current or potential members by sending messages or otherwise targeting them. You also agree not to become involved in any capacity with any business concern which is in, or tends to be in, direct competition with us.
In the event that we fail to insist upon your strict performance of any obligations under these Terms, or we fail to exercise any rights or remedies to which we are entitled, this will not constitute a waiver of any such rights and / or remedies available to us.
15. Errors and Inaccuracies
There may be information within our Site or the Membership which contains typographical errors, inaccuracies or omissions relating to the service delivery, pricing or promotion of the Membership. We reserve the right to correct or amend any errors without prior notice.
These Terms are governed by the laws of Australia. The Australian Courts have exclusive jurisdiction over any matter and proceedings arising out of the Membership.
It is our aim that you are completely satisfied with the Membership. Should you have any feedback please feel free to share it with us as we are always striving to ensure that we provide you with the highest level of service. If you have a complaint about the Membership this should be made to made in writing to Mike at [email protected]
We intend to rely on the written Terms set out in Terms and Conditions for the services that we provide to you in delivery of the Membership. These written Terms shall constitute the entire agreement between us.
If any provision within these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of your service. Any changes will be notified to you as soon as possible.