Terms & Conditions

In these terms and conditions, “us”, “we” or “our” means Nature Moves Pty Ltd T/A Spectrum Success Network ABN 27 670 428 814 of Hamilton, QLD 4007. It is important to us that you understand these terms and conditions which relate to your use of www.spectrumsuccessnetwork.com.au. If you have any questions, please contact us at hello@spectrumsuccessnetwork.com.au or via the Contact Us page.

Agreement

By accessing and using the Spectrum Success Network Site, you agree to be bound by these terms and conditions, our Privacy Policy and any other terms and conditions, notices and disclaimers displayed elsewhere on the Spectrum Success Network site relating to your use of the Spectrum Success Network Site (“Spectrum Success Network Terms”).

We may change the Spectrum Success Network Terms at any time. If we do, an amended version of the Spectrum Success Network Terms will be posted on the Spectrum Success Network Site. You are responsible for ensuring that you regularly review the Spectrum Success Network Terms and your continued use of the Spectrum Success Network Site after any changes are made to the Spectrum Success Network Terms will be deemed to constitute your acceptance of those changes. If you object to any changes to the Spectrum Success Network Terms, or otherwise become dissatisfied with your membership of the Spectrum Success Network Site, your only remedy is to immediately:

  1. discontinue your use of the Spectrum Success Network Site; and/or
  2. terminate your membership in accordance with the Spectrum Success Network Terms.

Membership and subscription

When registering as a member of the Spectrum Success Network Site, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account page on the relevant Spectrum Success Network Site.

As a member of the Spectrum Success Network Site, you are permitted to create one profile for yourself on that Spectrum Success Network Site. You must not create multiple member profiles on the one Spectrum Success Network Site.

All personal information you provide to us will be treated in accordance with our Privacy Policy.

All transactions are processed in Australian Dollars (AUD)

As a member of the Spectrum Success Network site payments will be automatically deducted from Stripe. Payments will be scheduled to automatically to occur on the date of expiration of your existing membership term. As a member, if you do not opt-out your membership will renew automatically at the end of term period of the same previously signed duration.

In the event that you do not op-out of your auto-renewal or cancel your membership any amounts deducted are non-refundable and any payments due (or outstanding) will become due immediately.

Spectrum Success Network does not provide refunds in the event that you have changed your mind.

By entering a giveaway/competition advertised on Spectrum Success Network you are providing consent to Spectrum Success Network, and the advertisers/businesses whom Spectrum Success Network is promoting, to contact you by email and SMS for marketing and promotional purposes following the competition. You will always be provided with the opportunity to opt-out of receiving any further communication.

Termination and suspension

You may terminate your membership of the Spectrum Success Network Site for any reason only by providing written notice to us. You can provide notice of termination by:

  1. selecting ‘cancel account’ within your Account settings and following the instructions;
  2. mailing it to our postal address listed on the About Us page; or
  3. emailing us via the Contact Us page.

We reserve the right to, without limitation, do any or all of the following in relation to your membership:

  1. suspend your membership;
  2. permanently or temporarily hide all or part of your member profile;
  3. modify your member profile;
  4. terminate your membership for any reason by providing notice to you by email;
  5. terminate your membership immediately without notice to you if you have committed a breach of the Spectrum Success Network Terms;
  6. deactivate your membership if you have not used the Spectrum Success Network Site for a period of 12 months or more (from the date of last use); and/or
  7. permanently or temporarily block your access to all or part of the Spectrum Success Network Site.

Service and features

You may become a member of the Spectrum Success Network Site at no cost. Membership is necessary to access certain areas of the site.

Any information you provide when registering as a member will be treated in accordance with our Privacy Policy.

As a member, you will also have the ability to access features and services available on the Spectrum Success Network Site (such as communicating with other members, subscription services or any chargeable service or feature that becomes available from time to time).

Further details and any additional terms and conditions relating to any future features and services (including pricing for any future chargeable services) will be made available on the Spectrum Success Network Site. Any such additional terms and conditions form part of the Spectrum Success Network Terms.

Should we choose in the future to implement a chargeable service or feature, we reserve the right to change the pricing for any chargeable service or feature on the Spectrum Success Network Site at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of the Spectrum Success Network Site or terminate your membership in accordance with the Spectrum Success Network Terms.

In the event of unusual activity, we reserve the right to temporarily or permanently suspend your account and contact you, or any other relevant third party to report such unusual activity.

While we use reasonable endeavours to ensure that the Spectrum Success Network Site are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error-free. Access to the Spectrum Success Network Site may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.

We reserve the right to change or discontinue any service or feature of the Spectrum Success Network Site in whole or in part any time.

Secure access

You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session.

We may at any time request a form of identification to verify your identity and/or your compliance with the Spectrum Success Network Terms.

Content

Any images, sounds, or text (Content) that you transmit or post on the Spectrum Success Network Site, or otherwise transmit to any other member of the Spectrum Success Network Site by any other means, must be complete and accurate.

Spectrum Success Network grants you a non-exclusive, non-transferable, revocable licence to access and make personal use of the Site and any information, documentation, articles or other Content available on the Site.

This licence does not permit any commercial use of the Site or Content, including but not limited to collecting usernames and/or email addresses or sending unsolicited emails. The licence expressly excludes using the Site to advertise or solicit other users to buy, sell or hire any products or services other than as permitted in Part B of these Terms.

You acknowledge that you do not obtain or own any intellectual property rights whatsoever in the Site or the Content and all intellectual property rights subsisting in the Site and any Content remains vested in Spectrum Success Network or its third-party licensors.

Spectrum Success Network makes no representations or warranties of any kind, express or implied as to the operation of the site, the Content, or the conduct of the users. You expressly agree that your use of the Site is entirely at your sole risk. However, nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy conferred on a party by the Trade Practices Act 1974 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.

Content provided on the Site does not constitute advice as to the suitability of any customers for a party that advertises on the-Site (directory or classified listing). You should seek independent advice to determine if the relevant party is appropriate for your individual needs.

You agree not to post or transmit on the Spectrum Success Network Site, or otherwise transmit to any other member of the Spectrum Success Network Site &/or App by any other means, Content that:

  1. is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
    1. is racist, objectionable, threatening or invasive of privacy;
    1. composed of a profile or photograph of any third person used without his or her permission or photographs of people under 18 years of age (even if they are your children);
    1. is impersonating any person or otherwise misleading as to the origin of any User Content;
    1. used for political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”;
    1. is false or misleading in any way;
    1. infringes the rights of any third party including, but not limited to, intellectual property rights;
    1. you do not have a right to make available under any law or contractual obligation;
    1. is sexually explicit or contains sexual references/innuendo;
    1. pertains to group sexual activity or soliciting contact for the purpose of extra marital (marital, de facto or relationship) encounters or affairs;
    1. contains restricted or password-only access pages, or hidden content; or
    1. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.

Without limiting the above, you must not transmit or post on the Spectrum Success Network Site, or otherwise transmit to any other member of the Spectrum Success Network Site by any other means, any images that contain:

  1. images of any person other than you (without their consent);
    1. material, cartoons, pictures or text that is offensive or potentially likely to offend, discriminate, defame or cause social concern; or
    1. nudity.

You are solely responsible for Content that you transmit or post on the Spectrum Success Network Site, or otherwise transmit to any member of a Spectrum Success Network Site by any other means.

We are not responsible for and accept no liability with respect to, any Content transmitted or posted on the Spectrum Success Network Site, or otherwise transmitted to any member of the Spectrum Success Network Site by any other means, by any person.

We reserve the right, but have no obligation, to review Content transmitted or posted on the Spectrum Success Network Site, or (where possible) otherwise transmitted to any member of the Spectrum Success Network Site by any other means.

Without limiting your responsibilities under the Spectrum Success Network Terms, we reserve the right to modify and/or remove any Content that, in our opinion, violates the Spectrum Success Network Terms or otherwise has the potential to harm, endanger or violate the rights of any person.

We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on the Spectrum Success Network Site, or otherwise transmitted to any other member of the Spectrum Success Network Site by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone’s reliance on the Site, Content or User Consent posted or transmitted on the Spectrum Success Network Site, or otherwise transmitted to any other member of the Spectrum Success Network Site by any other means.

To the fullest extent permitted by law, Spectrum Success Network disclaims all warranties, express or implied, including but not limited to, implied warranties of merchant ability and fitness for a particular purpose or warranties concerning the accuracy, currency or completeness. Spectrum Success Network will not be liable for any damages of any kind arising from the use of the Site, Content, or User Content.

The maximum aggregate liability of Spectrum Success Network for all proven losses, damages and claims arising out of these-Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to an aggregate of all claims of AUD $100. Where Spectrum Success Network’s liability cannot be excluded under any law, Spectrum Success Network’s liability will be limited to, at its discretion, either re-supplying the Site to you or paying you the cost of re-supplying the Site to you.

Notwithstanding any other clause, Spectrum Success Network is not liable to you or to any other person for any losses or damages of any kind caused by or resulting from any wrongful, wilful or negligent act or omission by any person or any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information, or without limiting the foregoing, any indirect or consequential loss or damage how so ever described or claimed.

The failure of Spectrum Success Network to insist upon strict performance of any of these Terms will not be deemed a waiver of any subsequent breach or default in these Terms.

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

Related parties of Spectrum Success Network may enforce these Terms in accordance with Spectrum Success Network’s rights and obligations under these Terms.

You must not link to Spectrum Success Network from any other website (or otherwise authorise any other person to link from a third party website to Spectrum Success Network) without our prior written consent.

Use of the Spectrum Success Network Site and prohibited activities.

You agree not to use the Spectrum Success Network Site (or contact any other member of a Spectrum Success Network Site) to:

  1. defame, abuse, harass, stalk, threaten or otherwise offend others;
    1. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
    1. impersonate or create a profile for any person or entity;
    1. promote, or provide information about, illegal activities or conduct;
    1. promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
    1. exploit any person under the age of 18, or to solicit information from anyone under 18; or
    1. solicit money, passwords or personal information from any person.

You also agree not to

  1. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Spectrum Success Network Site;
    1. “frame” or “mirror” any part of the Spectrum Success Network Site without our prior written authorisation;
    1. use code or other devices containing any reference to the Spectrum Success Network Site to direct other persons to any other web page;
    1. except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Spectrum Success Network Site or cause any other person to do so.

The Spectrum Success Network Site is for the personal use of individual members only. Businesses, groups, organizations and companies are prohibited from registering as members. The Spectrum Success Network Site must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to the Spectrum Success Network Site is prohibited.

We have no obligation to monitor any member’s use of a Spectrum Success Network Site, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.

Advertising on the Site and Posting User Content

If you post or submit any information, content, comment or other material, including comments on the Spectrum Success Network discussion forum (User Content) on the Site you grant to Spectrum Success Network a non-exclusive, royalty-free, perpetual, irrevocable worldwide right to use, reproduce, communicate, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media.

Spectrum Success Network reserves the right to change the functionality and Content (including limiting access to or ceasing to provide the Content) of the Site at any time without prior written notification to you.

Spectrum Success Network may display or feature third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

If you contact a third party using functionality provided on Spectrum Success Network, including via e-mail, we do not accept any responsibility for any transactions or communication between you and the relevant third party.

By posting, transmitting, uploading or otherwise making available any Material through Spectrum Success Network, you:

  1. grant Spectrum Success Network a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
  2. except where expressly stated otherwise, also grant each user of Spectrum Success Network a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose, subject to the Conditions;
  3. warrant that the Material does not breach the Conditions; and
  4. warrant that you have the right to grant the above-mentioned licences;
  5. unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the Material.

We reserve the right (but have no obligation)to:

  1. reject or remove, modify, reformat, review any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Conditions or otherwise has the potential to harm, endanger or violate the rights of any person;
    1. monitor use of Spectrum Success Network, and store or disclose any information that we collect, including in order to investigate compliance with the Conditions or for the purposes of any police investigation or governmental request.
    1. We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on Spectrum Success Network by any person other than us. For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on Spectrum Success Network simply by facilitating others to post, transmit or other make Material available. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us.

All content (text, images, videos) must be original.

Any third-party contribution submitted by you must be declared and have permission for publication from the original owner.

You may contribute only objective content which neither you nor anyone you know has a vested interest in.

Copyright on original content stays with you. Please be aware, however, that once published on our website, the content is accessible to the public and subscribers. Spectrum Success Network has no control over third-party usage.

You warrant that you own or otherwise control all of the rights to all User-Content that you post, that you will be solely responsible for the User Content that you post, that the User-Content is accurate, that the use of the User Content you supply does not violate any applicable laws or these Terms and that the User Content will not cause injury or loss to any person.

Advertisers Booking Process

Spectrum Success Network may issue a Proposal. The Proposal may also be included within a special report media kit. If we issue a Proposal, the Client may accept that Proposal by means of written acceptance via email or insertion order.

The Client agrees once written acceptance is provided it is deemed as Confirmation Advice.

Subject to clause 12.1, the Client may cancel all or part of a Booking without penalty if written notice is provided within 7 days of their written approval.

Subject to clause 12.2, if the Client cancels a Booking after the Cancellation Date, the Client must pay Spectrum Success Network the full amount for that Booking.

If Spectrum Success Network fails to issue a Proposal relating to a request for Services but provides the Services requested, these terms bind Client as if a Booking has been made.

Advertisers Payment Rules and Debt Collection

Spectrum Success Network’s payment terms, for advertising services rendered, are payable within (14) fourteen days from the date of invoice (the Due Date)

The Client agrees that if payment is not made by the Due Date, or dates following, a debt collection fee may be included onto the total amount owing and interest at the rate of twenty (20) per cent per annum shall accrue on any outstanding amount shall be payable by the Client to Spectrum Success Network’s chosen Debt Collectors as a debt due and owing.

The Client agrees that if the Client has failed to pay an invoice issued to the Client by Spectrum Success Network will be invoiced from Spectrum Success Network’s chosen Debt Collectors. This invoice shall be immediately due and payable upon the issue of an invoice

Legal Service and Goods and Services Tax

For the purposes of commencing legal action against a debtor to recover a Debt Amount, Spectrum Success Network authorises the assigned Debt Collectors to exclusively engage the services of its firm of appointed solicitors.

The firm of appointed solicitors will charge according to the scaled legal cost rates set by the State and Federal Courts of Australia as amended from time to time, where the scale rates do not apply to a legal service, the firm of appointed solicitors charge the Client in accordance with its ordinary hourly rates.

The Client will liable for all legal regardless of whether or not a Debt amount is successfully recovered, either in whole or in part.

If legal action is defended by a debtor, the firm of appointed solicitors will provide the Client with a cost agreement and cost disclosure document.

If any amounts payable by the Client are subject to Goods and Services Tax (GST), then the Client is liable to pay the GST on that amount.

Client campaign cancellation

If the Client cancels a Booking within 7 days of providing written confirmation, the Client remains liable for the production costs of any Advertising Material Created by Spectrum Success Network in connection with the booking at the time of cancellation.

If the Client cancels a Booking following the Cancellation Date, Client must pay Spectrum Success Network the full amount for that Booking.

Where value-added bonus has been calculated within an advertising campaign, it is at the jurisdiction of Spectrum Success Network to calculate the value of work undertaken against the rate card and provide the client with a summary. Should the amount be less than the total value of the campaign, against our rate card including value-added bonuses, we will provide the client with a refund. Should the amount for work undertaken to exceed the value of the campaign against our rate card, including value-added bonuses, we are not required to provide the client with a refund.

At no time are we required to provide a client with information regarding paid media expenditure, ie Facebook or Google, for advertising campaigns.

Safe interaction, complaints and disputes

Unfortunately, it is possible that other members of the Spectrum Success Network Site may use the Spectrum Success Network Site in violation of the Spectrum Success Network Terms. For example, it is possible that another member may post or transmit on the Spectrum Success Network Site Content that is obscene or offensive, or use the Spectrum Success Network Site to harass you.

We urge you to be cautious when interacting with other members of the Spectrum Success Network Site. You should carefully select the Content that you post or transmit on the Spectrum Success Network Site, or otherwise transmit to any other member by any other means. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your member profile. Any Content that you transmit or post on the Spectrum Success Network Site, or otherwise transmit to any other member of the Spectrum Success Network Site by any other means, will be considered non-confidential.

If you are experiencing problems with any other member of the Spectrum Success Network Site and would like to make a complaint, please send us an email via the Contact Us page.

We may record and store any information relating to any complaint made against you.

We reserve the right, but have no obligation, to monitor disputes between members of the Spectrum Success Network Site.

You agree to hold us harmless in connection with any dispute or claim that you make against any other member of the Spectrum Success Network Site.

Intellectual property

We own and retain all proprietary rights in and relating to the Spectrum Success Network Site. Proprietary Rights in and relating to the Spectrum Success Network Site must not be used in any way without our prior written consent.

You warrant that any Content that you post or transmit on the Spectrum Success Network Site, or otherwise transmit to any other member of a Spectrum Success Network Site by any other means, will not infringe the intellectual property rights of any third party.

Subject to our obligations under Privacy Policy you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your Content for any purpose. You warrant that you have the right to grant us such rights.

No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content posted or transmitted on a Spectrum Success Network Site, or otherwise transmitted to any member of a Spectrum Success Network Site, other than their own Content, without the express written permission of the relevant owner.

If you believe that any Content has been posted or transmitted on the Spectrum Success Network Site, or otherwise transmitted to any member of a Spectrum Success Network Site by any other means, in violation of your rights, please send us an email via the Contact Us page.

External activities

From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, giveaways or other activities that may be conducted offline and may be conducted by third parties (External Activities).

Personal information (Name, Email, Postcode) collected during a Giveaway will be added to  Spectrum Success Network’s newsletter database and shared with the Third Party. Answers provided within the Giveaway may be used for market research purposes.

Other External Activities may be subject to separate terms and conditions.

You acknowledge that you participate in any External Activities entirely at your own risk.

In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.

In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Spectrum Success Network Terms, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.

Third-party websites and advertising

From time to time, the Spectrum Success Network Site may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Spectrum Success Network Site and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third-party websites you leave the Spectrum Success Network Site entirely at your own risk.

From time to time, the Spectrum Success Network Site may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

Limitation of liability and indemnity

You acknowledge that you use the Spectrum Success Network Site at your own risk.

You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Spectrum Success Network Site, or any other members’ use of or conduct in connection with the Spectrum Success Network Site, in any circumstance.

You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a direct or indirect result of or in connection with your use of or conduct in connection with the Spectrum Success Network Sites, including any breach by you of the Spectrum Success Network Terms and from any Content or User Content you post.

To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Spectrum Success Network Terms, might apply in relation to your use of the Spectrum Success Network Site. In particular, we do not make any representations or warranties that the Spectrum Success Network Site will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the Spectrum Success Network Site.

To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the Spectrum Success Network Site purchased by you during the term of your membership.

In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.

By posting User Content you agree to indemnify and keep indemnified Spectrum Success Network, its officers, employees and agents against all claims, suits, actions, liabilities, actual or contingent costs, damages and expenses incurred by Spectrum Success Network in connection with any User Content. Spectrum Success Network makes no representations or warranties of any kind, express or implied as to the operation of the Site or User Content.

General

No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Spectrum Success Network Terms or your use of the Spectrum Success Network Site.

The Spectrum Success Network Terms represent the entire agreement between you and us regarding your use of the Spectrum Success Network Site.

If any provision of the Spectrum Success Network Terms is held to be invalid, the remainder of the Spectrum Success Network Terms shall continue in full force and effect.

These Terms are governed by the law in force in Queensland, and the parties submit to the exclusive jurisdiction of the courts in Queensland.