Membership Terms
These Terms govern Membership and when accepted and agreed to, electronically, forms a valid and binding contract between Member and Company. The Terms must be read in conjunction with the Privacy Policy.
As a Member, please be aware that your current and future use of the Platform is subject to these Terms, as updated and amended from time to time. Kindly do not use or continue to use the Platform if you do not agree with all the Terms.
1. Definitions
Capitalised words or phrases in these Terms have the following meaning:
Community means the community and association of Members created by us through the various digital and social media platforms of the Company including the Platform;
Community Guidelines means the rules and regulations relating to the conduct that govern Membership and Member’s participation within the Community at all times;
Company means Smooth Accounting & Consultancy International FZCO, an entity incorporated under the laws of UAE, providing Membership under the brand name of Accountants Wealth Academy, having email address [email protected];
Member means any individual that purchases Membership and is provided access to the Platform;
Membership means the membership access to the Platform provided by us including the opportunity to be a part of our Community;
Platform means the online website of the Company with the URL (www.accountantswealthacademy.com) and the official Facebook account of the Company which is managed and handled in entirety by us and includes access to all the webinars, blogs, events and sessions organised by us;
Privacy Policy means the privacy policy pertaining to the Platform;
Reserve List means the list of potential members that have applied to be Members;
Terms means these Membership Terms agreed by and binding on the Member and the Company as a contract;
Us/ We/ Our or similar reference
refers to the Company and its affiliates, subsidiaries and related entities; and
You or similar reference refers to you as a Member of the Community.
2. Application
2.1 Membership will be via application, the award of which shall be at the sole discretion of the Company.
2.2 Any and all other costs associated with your application shall be borne by you.
2.3 Applications for Membership are open approximately six (6) times a year and a limited number of applications are accepted each time as the Company may deem appropriate. Subject to clause 2.5 below, if your application is not accepted during a live onboarding session, you shall automatically be added back to the Reserve List for possible onboarding in the next application review.
2.4 You will be notified by email once you are accepted as a member. Membership starts on the first day of the immediately succeeding calendar month, once your application is accepted by us. In order for your application to be accepted and continue as a Member, you will need to bring all necessary and applicable payments up to date on the Platform.
2.5 We reserve the right to reject any application, without notice or reason.
3. Membership
3.1
(i) Membership is open to all natural persons over eighteen (18) years of age. By accessing the Platform, you confirm that you are at least eighteen (18) years of age, that is the legal age to form a binding contract, and you are not a person or entity barred from entering into contracts in any applicable jurisdictions, and in using the Platform, you provide us with your unconditional consent to these Membership Terms.
(ii) Each individual Member will be provided a personal, non-transferable, revocable, limited right to utilise benefits of the Membership for the permitted purpose under this Membership Category and these Terms.
(iii) Members shall ensure the information specified in this clause 3.1 (iii) is reviewed and updated regularly and shall not provide any out-dated or inapplicable or incomplete information to the Company.
3.2 We reserve the right to modify, dismiss or discontinue individual sections of the Platform, or all of them, at any time and without prior notice, in whole or in part. We reserve the further right to limit or deny access to the Platform, without prior notice at any time.
3.3 It is expressly forbidden to provide, permit, share or disclose Member accounts for access by third parties or to permit access by third-parties.
3.4 We reserve the right to temporarily suspend the offerings on the Platform (whether in whole or in part) for the purposes of maintenance or upgrade, but we shall use reasonable endeavours to carry out such maintenance/upgrade during periods of low demand for access and to minimise the period of such maintenance/upgrade.
4 Community Guidelines
4.1 In becoming part of the Community, you agree that you will be required to comply with certain Community guidelines that are applied uniformly to all Members. We have the right to create or modify these Community Guidelines at any time. We are not obligated to notify you however you are required to keep yourself updated with these Community Guidelines as your Community conduct will govern your continued Membership to the Platform.
4.2 As a Member, you undertake that you have read, understood and agree to abide by the following Community Guidelines:
(i) you shall conduct yourself in a respectful, ethical and professional manner within the Community;
(ii) you will attend all events, workshops and meetings in a timely manner (any sessions will not be repeated on account of Members delays or absence);
(iii) you shall not use the Membership benefits or content for any commercial purpose whatsoever. This is an undertaking from you that survives your termination of Membership;
(iv) you shall not allow any third-party to use or gain access to your Membership and agree that proxies, substitutes and replacements are not permitted within the Community;
(v) You may receive contact details and personal data of other Members in the Community however you shall not share this information with any third-parties, nor include such personal data to your marketing lists or customer database without expressly receiving the prior written consent of each Member. This is an undertaking from you that survives your termination of Membership;
(vi) you shall not copy, sell, or distribute any content received through the Platform or Community to third-parties without our prior written consent. This is an undertaking from you that survives your termination of Membership;
you shall not share any community access link, webinar or meeting link, meeting passcodes, educational material, information or recordings received through Community or Platform, with non-Members or third parties, whosoever they may be, without our prior written consent. This is an undertaking from you that survives your termination of Membership.
5 Benefits
5.1 As a Member you will have access to the Platform and Community for the term of your Membership. Some of the benefits include:
(i) group coaching via zoom
(ii) webinars via zoom
(iii) various resources on the Kajabi platform
(iv) continuing professional development
(v) discounts with suppliers
(vi) private Facebook community
6 Membership Fees
6.1 Member shall pay the applicable membership fees. Membership fees may be reviewed and modified by the Company from time to time.
6.2 The Membership fees shall be payable in full (i) prior to the activation of Membership under clause 2.4 above or (ii) on the first (1st) day of every calendar month. A discounted annual fee shall apply in the case Members select option (i).
6.3 Membership fees shall be paid by credit or debit card via payment gateway. All associated bank charges, foreign exchange fees and risk shall be borne by the Company Member and Member shall ensure that we receive the Membership fees in cleared funds.
6.4 Membership fees are exclusive of taxes (present or future), duties, charges or assessments, which will be applicable over and above the published Membership fees and are payable by the Member as required by applicable laws.
6.5 In case payment for renewal of the Membership is not received in a timely manner, Member’s access to the Platform shall be suspended until payment is received. In case of non-payment within Seven (7) days from date of Membership renewal, Member acknowledges that Membership shall be immediately terminated.
6.6 Membership Fees are non-refundable and non-adjustable under all circumstances.
7 Warranties
7.1 For the membership period, each Member warrants to the Company that:
(i) It shall fulfil and comply with these Terms and shall not act in a manner that circumvents or adversely affects the Company;
(ii) It shall comply with the Community guidelines at all times;
(iii) It shall pay the membership fees in a timely manner;
(iv) It shall not transfer or assign its Membership to any third-party without the Company’s prior written consent;
(v) It shall keep its username and password safe and secure and if it anticipates or experiences any unauthorised use of its password or any breach of security, it shall immediately notify the Company in writing;
(vi) It shall utilise the Platform in strict accordance with the license granted by the Company;
(vii) It shall not infringe on any third-party rights;
(viii) All information provided to the Company is true, accurate, updated and complete at all times.
7.2 The Member is fully responsible to periodically review the Platform’s Terms of Use Privacy Policy that govern its use of the Platform. Company shall not provide the Member any notice prior to or following amendment of the Platform’s Terms of Use Privacy Policy.
7.3 Company warrants to not charge the Member’s credit card for payment of membership fees until the Member’s application is successful.
8 Confidentiality and Data Protection
8.1 All Members agree to keep any and all information obtained, derived, arising out, shared through the Platform, strictly confidential and to manage it in accordance with the applicable federal data protection policy, as well as any other data protection policy created by us, from time to time.
8.2 All information submitted by you will be processed, stored and retained in accordance with the Platform’s Privacy Policy. In very rare circumstances where decreed by law, i.e., where the court might issue a subpoena for the file or information, we may be compelled to disclose information submitted to us. Exceptions to confidentiality relate to circumstances such as intent to seriously harm someone, child abuse, thoughts of suicide, terrorism, etc.
8.3 Any information which is readily available in the public domain or becomes available in the public domain is exempt from the confidentiality restrictions in this clause.
9 End of the Membership period
9.1 The Membership shall automatically terminate when the Membership period has expired and where the Member has not renewed Membership.
9.2 We may at our sole discretion, immediately terminate your Membership for non-payment of membership fees if the fees remain unpaid for a period of Seven (7) days from its due date.
9.3 We reserve the right to unilaterally terminate your Membership without refund, in the following instances:
(i) intentional or negligent performance of an act (directly or indirectly) that may materially cause harm the interests of the Company or Community, or
(ii) a Member acts in a way that is in severe contradiction with the Company’s policies or ethos, or Community Guidelines, or
(iii) a Member breaches applicable laws;
(iv) a Member materially breaches these Terms;
9.4 A Member may terminate its Membership by providing thirty (30) days prior written notice to the Company.
9.5 Neither Party shall be liable by reason of any failure or delay in the performance of its obligation hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes or any other cause which is beyond the reasonable control of such. The affected Party shall immediately notify the other Party as soon as practical, of the event, the impact on its contractual obligations and its likely mitigating actions. The affected Party shall inform the other Party in writing upon cessation of such events. Payments of Membership Fees shall be excluded from this clause.
9.6 Provided always the Parties understand that the Platform does not provide an option for voluntary suspension or freezing of Membership nor does the Platform offer refunds for any reason.
10 Effects of termination
10.1 Membership Fees shall be collected and paid up until the last day of the notified period of Membership. Company shall not reimburse or refund any paid Membership fees under any circumstances. Member waives all claims against the Company in this respect.
10.2 Upon termination, Member’s access to the Platform shall be automatically suspended. The license granted to the Member by the Company under these Terms shall be immediately revoked and all other rights under this Terms shall immediately cease.
10.3 Termination or expiry of these Terms, however arising, shall not affect any of the Parties' rights and remedies that have accrued as at termination or expiry, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination or expiry.
11 Indemnity
11.1 You fully indemnify us from your use of the Membership or access to the Community or products and services availed from other Members or your relationship with other Members.
11.2 We shall not be liable for any loss, damage or injury suffered or sustained as a result of your Membership.
11.3 In no event are we be liable to Members of the Community for damages for lost sales or profits, regardless of whether you have been advised of the possibility of such damages.
11.4 The limitations above apply to all causes of action in the aggregate, whether in contract, tort (including negligence) or any other legal theory (including strict liability). Under no circumstances shall we be liable to members of the Community for any losses incurred attributable to any electronic data transfers.
12 Limitation of liability and Disclaimer
12.1 We do not provide any guarantees or warranties relating to any aspect of the Membership services, which are provided strictly on an “as is'' basis. The Company shall not be liable to the Member for any economic loss, whether direct or indirect, any special, indirect, incidental, consequential or punitive damages of any nature or kind whatsoever, in connection with or arising out of these Terms or a Member’s Membership.
12.2 We accept no liability for the behaviour of any of its Members and/or third parties or for content or statements forwarded by or between Members in the context of Membership.
12.3 We accept no liability for misuse of Member accounts by third parties and you are responsible to promptly and immediately inform us of any security breach to your account. The Member shall be liable for all action taken by third parties using a Member’s access details.
12.4 You understand and agree the Community can be accessed through select social media portals as determined by us (e.g. Facebook and Kajabi) and you are therefore responsible for using your own social media accounts to access these social media portals. We cannot be held responsible if your social media accounts are ceased, closed or terminated for any reason.
12.5 We shall not be liable hereunder by reason of any failure or delay in the performance of our obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes or any other cause which is beyond our reasonable control (“Force Majeure”).
12.6 We shall not be liable for any loss, damage or injury suffered or sustained as a result of accepting and/or using any Membership or being part of the Community. In no event shall we be liable to Members of the Community for damages for lost sales or profits, regardless of whether you have been advised of the possibility of such damages. The limitations above apply to all causes of action in the aggregate, whether in contract, tort (including negligence) or any other legal theory (including strict liability). Under no circumstances shall we be liable to members of the Community for any losses incurred attributable to any electronic data transfers.
13 Complaints Policy
Complaints shall be sent to us via email on [email protected] and we will respond to you. We shall use best efforts to resolve your issue by conducting reasonable investigation and may initiate mediation as we deem fit however we are not obligated to mediate between Members.
14 Governing Law and Jurisdiction
14.1 These Terms and any dispute or claim arising out of, or in connection with them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with the laws of the United Arab Emirates.
14.2 Any dispute arising out of or in connection with these Terms including any question over its validity, construction or existence shall be exclusively settled by reference to arbitration by three (3) arbitrators under the rules of the Dubai International Arbitration Centre with its seat in Dubai, United Arab Emirates.
15 Changes to the Terms
We have the right to revise and amend these Terms without prior notice or consent, to reflect changes affecting our business, changes in technology, changes in payment methods, changes in relevant laws, and regulatory requirements and changes in the Platform’s capabilities. We urge you to read these Terms thoroughly before registering for Membership. The most recent updated version of the Terms shall be uploaded on the Platform at all times.
Updated in September 2022 ®
