Futureative

Subscription Terms and Conditions

Thank you for subscribing to Futureative on Substack.

These terms and conditions govern your subscription (Terms and Conditions)

By clicking “accept” you agree to these Subscription Terms and Conditions.

1. Subscription

   1. The website www.futureative.com (Website) and the Substack publication available at futureative.substack.com or frontrow.futureative.com (Substack Publication) are operated by Futureative Pty Ltd (ABN: 89 686 458 695) (Futureative).

   2. The Substack Publication shares content provided by Futureative as made available from time to time (Subscription Content).

   3. Access to and use of the Website, the Substack Publication, and the Subscription Content is provided by Futureative.

   4. You have agreed to subscribe to the Futureative Substack Publication.

   5. These Terms and Conditions are to be read in conjunction with the Substack subscription page (Subscription Page) and any associated information pages of the Substack Publication.

2. Acceptance of the Terms and Conditions

   You accept the Terms and Conditions by proceeding with your subscription.

3. Personal Information

   1. When subscribing, you will be required to provide personal information such as your full name, password and e-mail address.

   2. You agree that all details that you have provided in completing the subscription are true and correct.

   3. Your personal information is kept in accordance with the Futureative Privacy Policy (Privacy Policy) which is available on the Website.

4. Your obligations as a Subscriber

   1. Once you activate your subscription, you will become a subscriber (Subscriber). As a Subscriber you agree to comply with the following.

   2. You will use the Website only for purposes that are permitted by:

      1. the Terms and Conditions;

      2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

      3. you will be solely responsible for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your access to the Website;

      4. access and use of the Substack Publication is limited, non-transferable and allows for the sole use by you for the purposes of Futureative providing access to Subscription Content that you subscribe to;

      5. you will not use the Website for any illegal and/or unauthorised use which includes collecting email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

      6. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of your use of the Website. Appropriate legal action will be taken by Futureative for any illegal or unauthorised use of the Website; and

      7. you acknowledge and agree that any automated use of the Website is prohibited.

5. Subscription Price

   1. In subscribing through the Substack Publication, you will agree to payment of the subscription fee listed on the Substack Publication for the relevant subscription tier (Subscription Price).

   2. Payment of the Subscription Price may be made through debit card and credit card through Substack’s available payment provider (Payment Gateway Providers).

   3. In using the Substack Publication, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by Substack and the Payment Gateway Providers.

   4. Following payment of the Subscription Price being confirmed, you will be issued with a receipt to confirm that the payment has been received and Futureative may record your subscription details for future use.

   5. You acknowledge and agree that where a request for the payment of the Subscription Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Price.

   6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable.

6. Subscription Cancellations and Refunds

   1. You may cancel your subscription at any time through your Substack account settings or by notifying Futureative via e-mail at hello@futureative.com. The following cancellation policy will apply (Cancellation Policy).

   2. Subscription fees are non-refundable except where required by the Australian Consumer Law or other applicable consumer protection legislation. If you cancel your subscription, you will continue to have access to Subscription Content until the end of your current billing period, after which your access will cease and no further charges will be made.

7. Warranty

   1. Futureative will use reasonable efforts to deliver the Subscription Content in accordance with these Terms and Conditions. However, Futureative makes no warranty that the Subscription Content will meet your requirements or that all subscribers will achieve the same results.

   2. The Substack Publication and the Subscription Content come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Substack Publication or Subscription Content, you are entitled to cancel your subscription with Futureative and are entitled to a refund for the unused portion where applicable. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

8. Disclaimer

   1. You are solely responsible for creating and implementing your own business, financial, marketing, and personal decisions, choices, actions and results arising out of or resulting from your use of the Substack Publication and the Subscription Content. As such, you agree that, to the fullest extent permitted by applicable law (including the Australian Consumer Law), Futureative is not and will not be liable or responsible for any actions or inaction, including effects on your business, personal life or career, or for any indirect or consequential result of any content shared on the Substack Publication or in the Subscription Content.

   2. You understand that the Substack Publication, the Subscription Content, and any information you receive through your subscription or interaction with Futureative are not a substitute for psychological, legal, business or financial advice. Futureative recommends you seek independent accounting, legal or financial advice before relying on any information, tools, case examples, or guidance provided through the Substack Publication or the Subscription Content. Futureative will not be liable in any way for your use of, or reliance upon, the information or advice provided to you.

9. Information Disclaimer

   1. Any information, advice, content or documentation provided on the Website, through the Substack Publication, Subscription Content, or through your involvement with Futureative, social media accounts, or on any other related platform do not constitute professional, financial, business or other advice, and are provided for general information and guidance purposes only.

   2. All care is taken in the preparation of the information and published materials on the Website, through the Substack Publication, Subscription Content, through your involvement with Futureative, social media accounts, podcast, or on any other related platform. Futureative does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

   3. To the extent permissible by law, Futureative will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Substack Publication, Subscription Content, through your involvement with Futureative, social media accounts or on any other related platform.

10. Liability and waivers

    1. Liability

       Subject to the Australian Consumer Law and any other applicable consumer protection legislation, Futureative’s total liability arising out of or in connection with the Subscription Content or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Subscription Content to you or, at Futureative’s option, the payment of the cost of having the Subscription Content resupplied to you, or a refund of the Subscription Price paid by you for the relevant subscription period.

    2. Waivers

       A waiver of any right, power or remedy under these Terms and Conditions must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion. The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms and Conditions does not amount to a waiver.

11. Disclosure and Use of Confidential Information

    1. Confidential information means any information of a party that is:

       1. processes, methodologies, statements, formulae, trade secrets, information (and copies and extracts made of or from that information and data) that is not in the public domain; and

       2. confidential by nature, stipulated as confidential or any other information that would be reasonably considered to be confidential due to the value of the information (Confidential Information).

    2. All obligations of confidence set out in these Terms and Conditions continue in full force and effect after completion of the Subscription.

    3. Futureative must not disclose any Confidential Information to any third party without your prior consent.

    4. These Terms and Conditions prohibits the disclosure of Confidential Information by Futureative with exception to the following circumstances:

       1. the disclosure is to a professional adviser who is bound by obligations of confidentiality equivalent to those in these Terms and Conditions, for the purpose of providing advice in relation to matters arising under or in connection with these Terms and Conditions;

       2. the disclosure is required by applicable law or regulation; or

       3. if the confidential information is already in the public domain at no fault of Futureative.

12. Copyright and Intellectual Property Rights

    1. You agree that any works, documentation, materials, Subscription Content, creative works or information of whatever nature produced or developed by Futureative or under Futureative’s direction pursuant to or in the course of providing the Subscription Content will remain the sole and complete property of Futureative, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).

    2. There is no assignment of Intellectual Property Rights by Futureative to you pursuant to these Terms and Conditions.

    3. Nothing in these Terms and Conditions affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.

13. Dispute Resolution & Mediation

    If a dispute arises out of or relates to the terms of these Terms and Conditions, the parties agree to first attempt to resolve the disagreement through an appropriate mediator to be appointed by an independent third party as agreed between the parties and to attend a mediation in good faith. However, nothing in this clause prevents either party from seeking urgent interlocutory relief or from exercising their rights under the Australian Consumer Law or other applicable consumer protection legislation.

14. Force Majeure

    1. If circumstances beyond Futureative’s control prevent or hinder its provision of the Subscription Content, Futureative is free from any obligation to provide the Subscription Content while those circumstances continue. Futureative may elect to terminate these Terms and Conditions or keep these Terms and Conditions current until such circumstances have ceased.

    2. Circumstances beyond Futureative’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.

    3. For the sake of clarity, if in Futureative’s reasonable opinion, the provision of the Subscription Content will be affected by a pandemic, Futureative may suspend the provision of the Subscription Content in part or in whole to you for a period not exceeding 90 days. Additionally, Futureative will not be liable for any losses or damage due to a pandemic, subject to the Australian Consumer Law. If you choose to terminate these Terms and Conditions due to a pandemic suspension, you will be entitled to a pro-rata refund of any prepaid Subscription Fees for the suspended period.

15. Indemnification

    You hereby indemnify and agree to keep indemnified Futureative against all liability, losses or expenses Futureative incurs in relation to or in any way directly or indirectly connected with: (a) any breach of copyright or any rights in relation to copyright in literary and artistic works supplied by you to Futureative; or (b) your breach of these Terms and Conditions; provided that this indemnity does not apply to the extent that the liability, loss or expense arises from Futureative’s own negligence or breach of these Terms and Conditions.

16. Marketing

    By submitting testimonials or reviews related to Subscription Content provided by Futureative, you grant Futureative a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such testimonials or reviews in any media, for marketing, advertising, and promotional purposes. You warrant that your testimonial or review does not infringe the intellectual property or other rights of any third party. You acknowledge that Futureative may use your testimonials or reviews with your full name, or anonymously, and agree that Futureative is under no obligation to compensate you for the use of your testimonials or reviews.

17. Governing Law & Jurisdiction

    These Terms and Conditions are governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to these Terms and Conditions or any Subscription Content, the parties agree that the exclusive venue for resolving any dispute will be in the courts of Australia, situated in Victoria, Australia.

18. No partnership or agency

    Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

19. Assignment

    These Terms and Conditions may not be assigned by you without the prior written consent of Futureative. Futureative may assign these Terms and Conditions to any related entity or successor in business without your consent, provided that such assignment does not materially adversely affect your rights under these Terms and Conditions.

20. Variation

    These Terms and Conditions may not be changed or modified in any way except in writing, and Futureative will provide subscribers with no less than 14 days’ prior written notice (including by email) before any such changes take effect. Continued use of the Subscription after the effective date of any change constitutes acceptance of the updated Terms and Conditions.

21. Severance

    Any provision of these Terms and Conditions which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provisions in any other jurisdiction.

22. Independent Legal Advice

    You acknowledge that you have had the opportunity to read and understand these Terms and Conditions before accepting them.

23. Entire Agreement

    These Terms and Conditions constitute the entire agreement of the parties in respect of the matters dealt with in these Terms and Conditions and supersede all prior agreements, understandings, undertakings and negotiations in respect of the matters dealt with in these Terms and Conditions.