Kollective Playground

Effective date: 5th February 2023

This Website is owned and operated by Rachelle Kober ABN 80 133 287 865 trading as Kollective Playground and referred to as “we”, “us”, or “our”.

These Terms and Conditions are legally binding. It is your responsibility to read these Terms and Conditions and use carefully prior to purchase, use, or access of any of our products and services, including online through Our Website.

We reserve the right to update and change these Terms and Conditions at any time and will update them accordingly with the latest version date at the top of this page known as “Effective Date”.

These Terms together with our Privacy Policy apply to all visitors, subscribers, customers, clients, and all users to this Website (“user”, “you” and “your”).

Your Responsibility
It is your responsibility to read through the most up to date version of our Terms and Conditions carefully as they apply to and effect your experiences when working with us and on our Website, on our social media channels, and in a client relationship matter.

Acceptance of the Terms
By using our Website and accessing our products and services, you are agreeing to accept these Terms. You are legally bound to these Terms and Conditions whether or not you have read them.

Age of Consent
By using this Website, our services or products, you warrant that you are over 18 years of age and have the legal capacity to enter into a legally binding contract. Our Website, products and services should not be used by anyone under the age of majority in your state or territory.

Copyright and Intellectual Property
Our Services, Website and all of the related products of Kollective Playground contain intellectual property owned by use and/or by third parties that license the content to us (“Third-Party Licenses Intellectual Property”) and are subject to copyright. The materials provided to the client or on our Website are protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the services, products, and Website (including but not limited to video and audio tutorials and examples, project management workflows and their provided information, workbooks, guides and PDFs, scripts, design works, images, videos, audio clips, copywriting, and digital products) or the services are owned or controlled for these purposes, and are reserved by Kollective Playground. You may not, without prior written permission of Kollective Playground and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided in these Terms.

Shared Materials and Content
Sharing comments, videos, photos, testimonials and other material(s) through the use of our Website, services, products and social media channels, you warrant that you are the owner of the intellectual property and have full permissions to share the content with us. You’re giving us permission to share your testimonials, feedback and other provided materials on our social media channels and Website, and that we have non-revocable, commercial license to re-publish your submission unless you explicitly state otherwise in writing.

Electronic Signatures
When working with us as a Client via our services, both parties understand and agree that to the extent that they sign electronically, their electronic signature is the legally binding equivalent to their handwritten signature. Whenever they execute an electronic signature, it has the same validity and meaning as their handwritten signature. You will not, at any time in the future, claim that your electronic signature is not legally binding.

Client and Customer Responsibilities
You understand and agree that you are responsible for implementing strategies and suggestions provided by us and therefore accountable for the success of your podcast. We do not guarantee success. You acknowledge that it is your responsibility to make sure that your recording environment and equipment produces the highest quality possible. We cannot guarantee that all technical issues or errors created by you can be fixed. We provide suggestions to improve the quality of record audio, however, it is up to you to implement these suggestions.

Payment Terms - Podcast Launches and Podcast Monthly Management Services
All prices are charged in Australian Dollars (AUD). You understand that in purchasing our services that all payments are to be made in this currency, whether you are an Australian or International client or customer.

You consent to payment automatically deducted from the debit or credit card on file provided by you, on the scheduled payment dates. You warrant that you have the necessary rights and authority to use the payment details provided by you. If your payment fails on the due date, our payment processor will automatically attempt to process this payment again every 24-hours until the payment is successful. Late payments three days past due dates incur additional fees as outlined in the Services Agreement Additional Terms (Additional Terms).

Services will not commence until payment has been received in full. If you fail to pay the total owning by the due date, all work will be placed on hold until payment has been received. If payment is still not received after multiple attempts to take payment, works will be temporarily suspended or terminated and all assets and works completed to date withheld from you the Client.

Payments are made to us via Stripe and Wise (International Clients) to purchase and pay for our products and services from our Website and in a client matter through subscriptions and once-off payments. We use third party getaway providers that are widely respected for providing secure and reliable online payment solutions and are PCI DSS compliant. The Payment Card Industry Data Security Standard (PCI DSS) is an information security standard for all organisations that handle credit cards from major card schemes such as Visa and Mastercard. PCI DSS requirements help ensure the secure handling of credit card information through our Website, subscriptions and once-off payments.

Payment Plan Terms - Podcast Launch Grand Opening Package
The Grand Opening Podcast Launch package allows for a two-part payment plan option. Should you choose to pay monthly installments as a payment plan, the initial payment will be due at the time of approving and electronically signing the Proposal and Additional Terms, and the outstanding total amount due one month later. You agree that the amount specified in the payment plan will be paid in full to us for the period specified until the total outstanding amount is paid in full and all installments must be paid by the due date.

You consent to payment automatically deducted from the debit or credit card on file provided by you, on the scheduled payment dates. You warrant that you have the necessary rights and authority to use the payment details provided by you. If your payment fails on the due date, our payment processor will automatically attempt to process this payment again every 24-hours until the payment is successful.

It is your responsibility to ensure that there are sufficient funds available in the nominated account to meet the installment payments and that payment and personal information is correct and up to date. You acknowledge and agree that where a request for a payment 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 payment.

If you are on a payment plan and fail to pay the total amount owing by the due date before the podcast launch, all work will be placed on hold until payment has been received. If payment is not received by the due date, we may revoke your access to our services and products, and works completed to date withheld from you.

Podcast Launch Exclusions
You understand that our Podcast Launch services do not include the production or management of podcast episodes in the exception of the trailer episode. Production and management of launch day episodes and ongoing monthly episodes is a different service we provide with different inclusions, pricing, and Additional Terms.

Digital Products
Digital Products purchased or downloaded are for your personal use only under a limited license. Due to the nature of Digital Products, refunds are not available under any circumstances. You may not, without prior written permission of Kollective Playground and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the services or third party services for any purpose, unless otherwise provided in these Terms. This prohibition does not extend to free products such as lead magnets on the Website, which are freely available for re-use or are in the public domain.

Refunds
We guarantee the quality of work we provide and due to the nature of our products and services, we do not provide refunds under any circumstances. Where partial payments have been made, deposits or credits, you understand that payments are non-refundable.

Pricing and Services Changes
Our prices as indicated on our Website, and services and package inclusions may change at any time without prior notice. However, agreed to pricing and services by both parties, you and us, prior to these changes will remain in force. We are not liable to you or any third parties for any loses due to these changes.

Services Agreement (Additional Terms)
Where you elect to enter into a one-on-one arrangement with us, we will issue you with a Services Agreement (Additional Terms) that incorporates Terms and Conditions separate to these Terms. These Additional Terms will form the basis of your arrangement with us and will operate in conjunction with these Terms. To the extent that the Terms are inconsistent with the Additional Terms, the Additional Terms will prevail.

Privacy Policy
By using our Website, making payments, and working with us, you agree to our Privacy Policy which explains how we use and store your personal data.

Breach and Termination
The agreement constituted between us by your use of the Website may be terminated:
where you breach any provision of these Terms; or at any time by us, without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Website.

Waiver of Contractual Rights
The failure of either party to enforce any provision of the Terms shall not be construed as a waiver or limitation of that parties right to subsequently enforce strict compliance with every provision.

Severability
If any provision of these Terms shall be held to be invalid for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of the Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforceable as so limited.

Indemnify
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents, contractors and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of our Services in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

Governing Law and Jurisdiction
These Terms are governed by the laws of the state of Queensland, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of courts exercising jurisdiction there.