These Lynn's Cakecademy Membership Terms and Conditions ("Agreement") govern your use of the Lynn’s Cakecademy membership site (the "Site") and form a legal agreement between you (the "Member") and Lynn’s Cake Collective, comprising and inclusive of Lynn’s Cupcakery and Lynn’s Cakecademy.

This Agreement constitutes the entire and only Agreement between you and Lynn’s Cake Collective. It supersedes all prior agreements, conduct, representations, and understandings about the Lynn’s Cakecademy Membership. 

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

Please read this Agreement carefully and contact us at [email protected] if you have any questions before subscribing to the Lynn’s Cakecademy Membership.

TERMS AND CONDITIONS

1.  Acceptance of terms
   

• By subscribing to, accessing, downloading, or using our information, products, and services, you agree to these Terms and confirm that you have read and understood them.
• We may update these Terms at any time by posting the new terms on our Site.
• Continuing to use the Site after changes are posted means you accept the new Terms.
• If you disagree with the changes, you must stop your subscription and use our products and services immediately.

2.  Benefits of Membership
   • Benefits of Membership include access to:
     1. Pre-recorded videos
     2. Mini-courses/lessons
     3. Masterclasses and decorating workshops via Zoom
     4. Live Q&A sessions via Zoom
     5. PDF downloads and resources
     6. Facebook Community Group
     7. Challenges and opportunities to win prizes
   • Becoming a member

Registration

• You can become part of the Lynn’s Cakecademy community by registering for your Membership via the registration process on our Site.
• Membership is by monthly or annual subscription.
• As requested, you must provide accurate, complete, up-to-date Membership registration information. You are responsible for informing us of any changes to your registration information.
• We may request a form of identification to verify your identity anytime.

Password security

• As a Registered Member, you agree to:
  • Keep your password confidential.
  • Not share your password with anyone.
  • Notify us immediately if your password is lost or compromised.
  • Be responsible for all activity on this Site using your password.
  • Any information you provide for our online community becoming our property.
• Your personal information will be handled according to our Privacy Policy.

3. Membership fees and payment

• The current Lynn’s Cakecademy membership fee options are as follows:
  1. Monthly - $37
  2. Annual - $370
• If a member cancels their Membership and subsequently requests to rejoin, they may do so at the current membership fee advertised on the website.
• All payments are processed online via Stripe – a third-party payment processor.
• Lynn’s Cakecademy does not retain credit or debit card information. The privacy policy of the third-party payment processor manages the information you provide for processing payment.
• Membership fees are in Australian Dollars and exclude GST.
• Lynn’s Cakecademy reserves the right to change fees at any time without notice. Please check the website for updated fees.
• Existing members will receive 30 days' notice of any fee change. (Existing members have their price locked in for the length of their Membership - their fees won't change unless they leave and return later, and as long as their account remains in good standing

4.  Content and delivery

• Content is updated monthly at a minimum.
• Content is available to the member for the duration of the Membership subscription only.
• Content such as challenges/competitions/events will be for a limited time only.
• Upon cancellation, access to content will cease to be available after the last day of the billing cycle of the month/year of cancellation.

Delivery

• The primary delivery method for content is through the Lynn’s Cakecademy membership platform (Kajabi) and private Facebook Group.
• Workbooks, templates, checklists, and other resources may be available via PDF downloads.
• All live coaching is via Zoom, and replays will be made available on the website.
• Newsletters and catch-up or related emails will also be available.

Disclaimer

• All content provided through the Lynn’s Cakecademy membership, including but not limited to tutorials, recipes, tips, and recommendations, is for educational and informational purposes
• We strive to offer accurate and up-to-date information; however, we make no warranties or guarantees regarding the completeness, reliability, or accuracy of this content.
• By participating in this membership, you acknowledge that any decisions or actions you take based on the information provided are done at your own risk. We are not liable for any consequences or losses, direct or indirect, that may result from your decisions or actions.
• Your success in cake making is influenced by numerous factors including but not limited to your skill level, experience, ingredients, equipment, and individual effort. We cannot and do not guarantee specific results. Testimonials and marketing materials presented are for illustrative purposes only and should not be interpreted as a promise or guarantee of your success or similar outcomes.
• You agree to use your own judgment and conduct due diligence before implementing any information or advice provided through this membership. We recommend consulting with relevant professionals or experts when necessary.
• Furthermore, by posting, commenting, uploading, or sending any content via any of the membership forums, you grant us the irrevocable right to use such content for any purpose, including but not limited to educational, marketing, and publishing purposes. You understand and agree that you will not be entitled to any compensation or acknowledgment for any use of the content you provide.
• By continuing with this membership, you agree to release and hold harmless our company, its affiliates, and employees from any and all claims, damages, or losses arising from your use of the information provided.

5. Member Obligations

Distribution of Material

• All materials and downloadables provided within this Membership are for your personal use only.
• You are strictly prohibited from sharing, distributing, or passing on any materials or downloadables to non-members or individuals outside of this Membership.
• You may not use, share, or repurpose any materials from this Membership without explicit written permission from the owner.

Conduct

• You must treat all members with respect and kindness and refrain from any form of judging bullying, or harmful behaviour.
• We strive to maintain a positive and supportive environment. Any actions that undermine this environment will not be tolerated and members may find their subscription revoked/terminated without any refunds.

Active Engagement and Practice

• To achieve progress and growth, you are encouraged to practice what you learn within this Membership.
• Simply absorbing the material as theoretical knowledge is insufficient for achieving results. Commitment to applying the lessons and exercises is essential.
• You are responsible for committing sufficient time and resources to learning and implementing the resources and training provided in the Membership to achieve reasonable results for your purpose.

Consequences of Violation

• Failure to comply with these terms and conditions may result in the immediate termination of your Membership.
• Termination of Membership due to violation of these terms will be without any refund of fees paid.
• Whilst using this Site or our Online Community, you agree you will not:
  1. Contact anyone who has asked not to be contacted.
  2. Collect personal data about other users for commercial or unlawful purposes.
  3. Infringe other user's privacy rights.
  4. Violate the intellectual property of others.
  5. Post anything that contains software viruses, worms or any other harmful code.
  6. Use manual or automated software, devices, script robots, or other means or processes to access our Site or any related data or information.

6. Refunds

• Refunds are not provided for membership fees or products and services provided by us where you have been given access to Our Content or our Online Community, whether accessed by you or not unless we breach the Australian Competition and Consumer Act 2010.

7. Cancellation

Monthly Payment Option

• If you are on a monthly payment plan, you may cancel your Membership at any time.
• Cancellation will take effect at the end of the current billing cycle. You will continue to have access to membership benefits until the end of the month for which you have already paid.

Annual Payment Option

• If you are on an annual payment plan, you may cancel your Membership at the end of the 12 months.
• Cancellation will take effect at the end of the annual billing cycle. You will continue to have access to membership benefits until the end of the 12-month period for which you have already paid.

8. Right to Terminate

• We reserve the right to terminate your use of the Site, Online Community or our Products and Services generally if you breach these terms, including conduct, as determined by us in our sole discretion.

9. Intellectual Property and Copyright

• Copyright protects all content on this Site and any hosted online community, including videos, templates, PDFs, and recordings (Our Content).
• You may browse or print Our Content for non-commercial, personal, or internal business use. For any commercial use, copying, or reproduction, you must obtain our prior written permission.
• Modifying Our Content for purposes other than personal or internal business use is strictly prohibited and violates our copyright and proprietary rights.
• You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
• The trademarks, logos, and service marks on our Site are the property of Lynn’s Cake Collective
• You may not use these trademarks in connection with any product or service not affiliated with Lynn’s Cake Collective, in a manner likely to confuse consumers, or in a manner that disparages Lynn’s Cake Collective or its Lynn’s Cakecademy Membership.
• Nothing on this Site or in our Online Community grants any license or right to use any trademark without our express written permission.
• You agree that damages may be inadequate for any breach of these Terms and acknowledge that Lynn’s Cake Collective may seek injunctive relief to protect its intellectual property rights.

10. Links to third-party websites

• This Site may include links to other websites maintained by third parties not under Lynn's Cake Collective’s control (Linked Sites).
• Linked Sites are made available to you solely for convenience, and including links to Linked Sites on the Site does not imply endorsement of the Linked Sites by Lynn’s Cake Collective.
• You access Linked Sites at your own risk, and by accessing them, you leave the Site.

11. Liability is limited

• The disclaimers, liability limitations, and indemnities within these Terms do not exclude your rights from those under Australian Consumer Law.
• Lynn’s Cake Collective is not responsible for and accepts no liability for content uploaded, posted, transmitted, or otherwise made available on the Site by anyone other than us.
• Lynn’s Cake Collective will not be taken to have uploaded, posted, transmitted, or otherwise made the content available on the Site simply by facilitating others' posting, transmitting, or otherwise making content available.
• Lynn’s Cake Collective does not endorse any opinion, advice or statement from anyone other than us.
• You agree that we will not be liable for any loss or damage that 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 that may occur in your use of the Site or Online Community including a hyperlink to or from third-party websites.

12.  Indemnity

• You agree to indemnify us against all actions, claims, demands, liabilities, costs, expenses, losses, and damages (including total legal fees) incurred by either party due to your use or attempted use of our information, products, or services, or any breach of these Terms by you or your agents.
• Limitation of Liability
  • We are not liable for any damages arising from your use of, reference to, or reliance on information found on our Site, online community, or through our products or services.

13. Assignment

• Transfer or assignment of your Membership for any reason is not permitted under this Agreement.
• We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior written notice.  

 14. Dispute resolution

• Should a dispute arise between us, we strongly encourage you to contact [email protected] to seek a resolution.
• Any reasonable requests will be considered, and any refund agreed to is at the absolute discretion of Lynn’s Cake Collective.
• Lynn’s Cake Collective will attempt to resolve any escalated dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

 15. Applicable law

• These Terms shall be construed under and governed by the laws of the State of Queensland. You consent to the exclusive jurisdiction of the courts in Queensland to determine any matter or dispute that arises between you and Lynn’s Cake Collective.

If you have questions or comments regarding this Site, Lynn’s Cake Collective products or services or the Lynn’s Cakecademy  Membership, please email [email protected]

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

Thank you.