Membership Terms and Conditions

Welcome to https://www.warill.com./ (our Site).   Warill Community, ABN 81 496 688 760 (“Warill”) is an online village for parents. Every parent has a story to tell, knowledge to share and experiences others can learn from. Our services are designed around a community which shares the journey of parenthood and tips relating to parenting and raising a child.

These Terms and Conditions (“Agreement”) govern your use of the Warill Membership site, and form a binding contractual agreement between you, as either a user or member of this Site and us. 

Please ensure that you read this Agreement carefully and contact Warill at support@warill.com if you have any questions before subscribing to the Membership.

This Agreement constitutes the entire and only agreement between you and Warill. It supersedes all prior agreements, conduct, representations, and understandings. 

You warrant you are 18 years or above and have the legal capacity and authority to enter into this Agreement.

1. Acceptance of terms

1. By subscribing, accessing, downloading, or using the Services offered on our Site, you agree to be bound by these Terms, which you acknowledge that you have read and understood. 
2. We may change all or part of these Terms at any time.  If we do, the new terms and conditions will be posted on this Site.
3. Your continued use of the Site will constitute your acceptance of any changes. Suppose you object to any changes to the Terms. In that case, your only remedy is to discontinue your subscription or use of the Site immediately.

2. General disclaimer

1. All Warill information and services offered on the Site and via subscription are intended only for general education and information purposes. 
2. Nothing on this Site, or any of the Content provided to you by us during our provision of the services, purports to offer medical, financial or legal or other professional advice. 
3. You are advised to always seek professional advice before acting on any information that we provide.   
4. Warill provides information, support, and guidance for parents to share and use but any decision you make. The consequences that flow from such decisions are your sole responsibility. 
5. Any testimonials and examples within our marketing materials will not be taken to guarantee that you will achieve the same or similar results.  
6. You acknowledge and agree that Warill, its employees, and representatives are not responsible for decisions that you may make nor losses that may arise out of any personal decision made by you at any time. 

Disclaimer (medical, legal, financial)

7. The information provided on this Site and within the Membership is for educational and informational purposes only.
8. Our role in facilitating this Membership is to support parents in supporting each other and providing parenting and related information.
9. The information available on this Site and Membership is not to be relied upon to apply to individual circumstances.
10. Warill does not provide medical advice, counselling, including financial or legal counselling or advice or any other therapy services and no information provided on our Site by us or, the Membership or the members should be considered individual medical, legal or financial advice.
11. You should consult your doctor for any direction concerning your health and the health of your child.
12. You should consult a lawyer for any direction or advice concerning legal issues relating to you or your child or family.
13. You should consult a qualified and registered finance professional (a chartered accountant or licensed financial advisor) for any finance or wealth related issues concerning you, your child or family.

Personal Responsibility.

14. You aim to accurately represent the information provided to us on or through our Site.
15. You acknowledge that you are participating voluntarily in using our Site and Membership and that you are solely and personally responsible for your choices, actions and results, now and in the future.
16. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Site and Membership.
17. You agree to use your judgment and due diligence before implementing any idea, suggestion or recommendation from the Site and Membership.
18. You agree to seek professional advice for any issue impacting your situation and circumstances and your children and family.

3. Becoming a member 

Registration

You can become part of the Warill community by registering your Membership via the registration process on our Site. 

• 1. Membership is free and offered to General users and ‘Storytellers’. They will have access to post and contribute Content onto the Site to share with the community.
  2. A Storyteller member,  however, can unlock extra features for their profile at an extra cost.
  3. You must provide accurate, complete, and up-to-date Membership registration information, as requested, and it is your responsibility to inform us of any changes to your registration information. 
  4.  We may, at any time, request a form of identification to verify your identity.
  5. By becoming a Registered Member of this Site, you acknowledge and agree that: 
• You are solely responsible for the protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time; 
• You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
• You will immediately notify us if your Password is lost or becomes known to any other person;
• You are solely responsible for all access to and use of this Site via your Password, whether such access or use is by you or any other person; and
• Any information you provide to us for posting or inclusion in our online community, at any time, becomes our property. 

6. To the extent that you provide personal information, Warill will treat such information strictly in accordance with its Privacy Policy at https://warill.com/privacy.

4. Benefits of Membership

1. Benefits of Membership include access to:

• Membership is free
• Lift time content availability
• Real parenting experiences and solutions at your fingertips
• A platform to share your parenting tips by becoming a Storyteller
• A platform to build a following
• A platform to build your own parenting network.

5. Member Obligations

Conduct

1. When posting Your Content, you agree that you will not post or otherwise publish through this Site any of the following: 

• Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.  
• Content that harasses, degrades, intimidates, or is hateful to individuals or groups of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
• Information that includes personal or identifying information about another person without that person’s consent.
• Information that constitutes promotion or advertisement for products or services offered through competing internet platforms and businesses, except as otherwise expressly permitted by us.
• Any information or Content that impersonates any person or entity.

2. By posting or otherwise publishing Your Content on our Site or Online Community, you: 

• Grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit Your Content in any form and for any purpose, including social media posts and blogs;
• Warrant that you have the right to grant the above licenses;
• Warrant that Your Content does not breach these Terms; and 
• Consent to any act or omission which would otherwise constitute an infringement of your moral rights. If you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

3. Warill reserves the right to: 

• Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and 
• Monitor use of the Site, and store or disclose any information that we collect, including investigating compliance with the Terms or any police investigation or governmental request. 

4. Whilst using this Site and/or our Online Community, you agree you will not: 

• Contact anyone who has asked not to be contacted.  
• Collect personal data about other users for commercial or unlawful purposes.
• Infringe other user’s privacy rights.
• Violate the intellectual property of others. 
• Post anything that contains software viruses, worms or any other harmful code.
• Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.  

6. Membership fees and payment

1. The current Warill Membership is free.
2. Please check the Site for any variations to our fee structure as this may change from time to time. 
3.  ‘Storytellers’ may access extra paid feature options as follows:

• Unlock profile image AUD 1.99
• Unlock up to three external links AUD 2.99
• Unlock next 10,000 followers AUD 7.99

4. Where a member cancels Membership and subsequently requests to rejoin, they may do so through the normal process or unless advised otherwise by Warill.
5. All payments are processed through PayPal, our current third-party payment processor.
6. Warill does not retain credit or debit card information. Information provided by you for processing payment is managed by the Privacy Policy of the third-party payment processor.
7. Fees are in Australian Dollars ($AUD) only. 
8. Warill reserves the right to change fees at any time without notice. Please check the Site for updated fees.
9. Existing members will be provided with 30 days’ notice of any fee change.
10. Unless stated otherwise, charges referred to for any goods or services supplied (or offered for supply) via our Site are stated exclusive of GST.

7. Refunds 

1. Refunds for Products and Services provided by us, including fees where you have been given access under paid feature options to Our Content or our Online Community, whether accessed by you or not unless we are in breach of the Australian Competition and Consumer Act 2010. 

8. Cancellations

1. You may cancel and delete your Membership at any time through the Site. 
2. All Content provided by you will be removed from the Site within 21 days of cancellation.
3. Upon cancellation of your Membership, you may still access limited read-only Content.

9. Right to terminate 
   1. 1. We reserve the right to terminate your use of the Site, Online Community and Services generally if you breach these terms, including conduct, as determined by us in our sole discretion.    
10. Intellectual property and copyright

1. All material on this Site and in any online community hosted by this Site, or otherwise delivered by Warill including (but not limited to) videos, templates, PDF information downloads, our Content is subject to copyright.
2. While you may browse or print our Content for non-commercial, personal use, you must obtain our prior written permission if you’d like to use, copy or reproduce it for any non-personal or commercial purpose.
3. Modifying our Content for any other purpose other than personal use is a violation of our copyright and other proprietary rights and is strictly prohibited. 
4. You acknowledge that you do not acquire any ownership rights by using the Site or our Content.  
5. The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Warills.
6. Whether registered or unregistered, the trademarks may not be used in connection with any product or service that does not belong to Warill, in any manner that is likely to cause confusion with consumers, or in any manner that disparages Warill.
7. Nothing contained on this Site or in our Online Community should be construed as granting, by implication or otherwise, any license or right to use any trademark without our express written permission. 
8. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Warill will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights. 

Copyright infringement

9. If you believe that there is material on our Site that infringes third party intellectual property rights, please email support@warill.com with sufficient information to determine who the intellectual property owner is and remove it from the Warill Community Site if appropriate.

11. Limitation of liability

1. The disclaimers, liability limitations, and indemnities within these Terms do not exclude your rights from those under Australian Consumer Laws. 
2. Warill does not make any express or implied representation or warranty about or shall be liable, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Online Community or Our Content. 
3. Warill is not liable and does not accept any liability for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, Online Community or Our Content.
4. Warill is not responsible for and accepts no liability for, Content uploaded, posted, transmitted, or otherwise made available on the Site by any person other than us.
5.  Warill will not be taken to have uploaded, posted, transmitted, or otherwise made Content available on the Site by merely facilitating others to post, transmit or otherwise make Content available.
6. You agree that we will not be liable for any loss or damage which you incur as a result of the use of this Site including without limitation, damage caused by access delays, computer viruses, system failure or malfunction which may occur in your use of our Site or Online Community including any hyperlink to or from third-party websites.

12. Indemnity

1. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms.
2. We are not responsible for, and expressly disclaim all liability for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Online Community or through use of our products or services.

Legal relationship

3. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Warill Community as a result of this Agreement or use of this Site.

13. Links to third-party websites  

1. This Site may include links to other websites maintained by third parties which are not under the control of Warill (Linked Sites).
2. Linked Sites are made available to you solely as a convenience. The inclusion on the Site of links to Linked Sites does not imply endorsement by Warill of the Linked Sites.  
3. You access Linked Sites at your own risk, and by accessing them, you leave our Site. 

14. Assignment  
    1. Transfer or assignment of your Membership for any reason is not permitted under this Agreement. 
15. Dispute resolution 
    1. Should a dispute arise between us, we strongly encourage you to contact Warill at support@warill.com to seek a resolution. 
    2. Any reasonable requests will be considered, and any refund agreed to is at the absolute discretion of Warill s.
    3. Warill will attempt to resolve any escalated dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

16. Applicable law 

1. These Terms shall be construed under and governed by the laws of the State of Victoria. You consent to the exclusive jurisdiction of the courts in Victoria to determine any matter or dispute which arises between you and Warill.

If you have questions or comments regarding this Site, or Warill products or services, please email us at support@warill.com

By proceeding with your membership subscription, you confirm that you have read, understood and accepted the terms of this Agreement.