TERMS AND CONDITIONS

Updated January 2023

1.       Introduction

Thank you for visiting our website and/or App https://the-arena.com.au (“Website”). This Website is owned and operated by The Arena (Arena) Pty Ltd (ABN 65 779 211 369) (“The Arena”). By accessing this Website and related services or by registering to become a member, you agree to these Terms and Conditions, which includes our Privacy Policy (“Terms”).

The Arena provides education, training, website building, software solutions, tools and resources to build your online presence and delivers business information to teach you the skills to help grow your business. We exist to make you a better solopreneur or business owner and endeavour to provide you with the most effective software, education, tools and resources possible. We do not grow your business for you. The Arena is solely a do-it-yourself (DIY) system, providing you the information and tools for you to do the work yourself.

In these Terms, 'us', 'we' and 'our' means The Arena and our related bodies corporate.

2.       Services

By joining The Arena as a member, you are signing up to access our digital business platform known as The Arena Academy ("Services"). The Arena Academy provides members with online training in the areas of marketing, sales and business growth as well as access to our DIY website builder, software, tools and resources, sales funnels and templates. These training videos, tools and software are accessible by our paid members.

Paid membership for The Arena Academy includes:

a. Access to The Arena Site Builder, to enable you to create a fully customisable website from one of twelve pre-built site templates, with eCommerce and blog capabilities.

b. Website hosting.

c.  Fully instructed, step-by-step video manual in The Arena Playbook to guide you through your digital business setup and growth.

d. A plug-and-play conversion process including conversion pages.

e. Pre-built client automations.

f.  Sample content to get you started.

g. Templated offers including eBooks and challenges.

h. Tools and Resources to support your business development.

i.  Active Campaign account (Lite) for customer experience automation.

j. Expert video collection in The Arena Library.

k. Private social support platform in The Arena Hub.

l. Access to wholesale partnerships

3.       Registration

You must register an account through the Website (the “Account”) before you can access The Arena Academy (Services). As part of the registration process, you may be required to provide personal information about yourself such as your name, address, phone number, and email address.

To create an account, you must be at least 18 years old, possess the legal right and ability to enter into a legally binding agreement with us and agree and warrant to use the Website in accordance with these Terms.

You warrant that any information you provide while completing the registration process will always be accurate, correct and up to date.

4.       Accuracy, completeness and timeliness of information

While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law (ACL), we make no warranty regarding the information on this Website.

We will endeavour to respond to your emails or provide you with assistance within a reasonable time. We may, from time to time and without notice, change or add to the Website or The Arena Academy (Services). We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up to date.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

You agree that you will not hold us responsible for any damage caused directly or indirectly as a result of the services which originated through the Website.

5.       Obligations of Members

a. You must use the Website only for purposes that are permitted by the Terms.

b. You will not interfere with (or attempt to interfere with) or disrupt (or attempt to disrupt) our Website or the servers or networks that host our Website.

c. You will not use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.

d. You will not interfere (or attempt to interfere) with any security-related or other features of our Website.

e. You have the sole responsibility for protecting the confidentiality of your password and/or email address.

f.  Any use of your membership by any other person, or third parties, is strictly prohibited. You agree to immediately notify us of any unauthorised use of your password or email address or any breach of your security.

g. You will not use the services or Website for any illegal and/or unauthorised use.

h. 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 the services. You agree that appropriate legal action may be taken by us for any illegal or unauthorised use of the Website.

6.       Payments

a. The membership is for an annual subscription to The Arena Academy (Services).

b. The fee for the first year of membership is as follows:

i.  $9,897 + GST; or

ii. Two split membership payments of $5,197 + GST.

For the split payment option, membership will commence from the receipt of the first payment. The second payment is due 6 weeks later.

c. The fee for the second and subsequent year of membership is:

i. $5,400 + GST per annum

d. Upon completion of your online membership application, we will send you a tax invoice for your annual membership fee. Payment is required by bank transfer.

e. You will be contacted by The Arena six weeks prior to your membership renewal date. We will send you a tax invoice for the upcoming annual renewal period.

f.  If you do not make the payment by the due date, your membership subscription will be suspended.

g. You are able to reactivate your membership at any time by paying your outstanding membership fee. Please contact us at admin@the-arena.com.au.

h. All payments are non-refundable and all prices are in AUD.

i.  You can cancel your membership subscription at any time and you will continue to have access to our Services until the end of your billing period.

j.  All communication and requests relating to your membership and payments must be directed to admin@the-arena.com.au.

7.       Your Website

If you create a website within The Arena Builder:

(a) Your website’s Intellectual Property remains your own. The Arena does not own your Intellectual Property.

(b) You acknowledge that you have the copyright for all content you use on your website (including written copy, images and video), or that the content is royalty free and available for commercial use.

(c) You must register your own domain for your website to go live. The Arena does not sell domains. This can be done through a third-party provider. Registering a unique domain is the responsibility of the member and is not included in The Arena membership.

(d) You understand that when your membership with The Arena lapses, your website will be deactivated and access to our Services will be suspended. Your website will remain unpublished for as long as your membership is deactivated.

(e) Reactivating your membership with The Arena at any time will give you access to your website via the Builder and enable you to go live again.

8.       Fit for Purpose

The information, including statements, opinions, documents and materials contained on the Website is for general information purposes only. Any reliance you place on the advice, recommendation, information or assistance provided by us is provided without any liability whatsoever.

To the maximum extent permitted by law, you agree that you do not rely on our skill or judgement in relation to the suitability of any goods or services for a particular purpose.

You agree that you will not hold us responsible for any damage caused directly or indirectly as a result of The Arena Academy (Services).

9.       Linked sites

Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

10.      Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content).

Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However, we do grant you a licence to access the Website and view the Content during your membership.

Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties.

11.      Confidential Information

During your membership, you will have access to the Confidential Information of The Arena.

You must not, whether during or after the termination of your membership with The Arena, divulge Confidential Information to anyone other than as required by law or with the prior written consent of The Arena.

“Confidential Information” includes but is not limited to:

a.  the Content, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, financial, accounting, technical information, resources, materials, downloads and any login details provided in respect of the Services, ideas, concepts, know-how, intellectual property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential";

b.  all information concerning The Arena, its methods of operation, marketing and other activities; and

c.  competitive and financial information concerning The Arena, which information is not in the public domain.

12.      Unacceptable activity

You must not do any act that we would deem to be inappropriate, including but not limited to:

a. any act that would constitute a breach of the law in the relevant jurisdiction;

b. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

c.  using this Website to defame us, our employees or other individuals;

d. uploading files that contain viruses that may cause damage to our property or the property of other individuals;

e. posting or transmitting to this Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

13.       Warranties and Disclaimers

To the maximum extent permitted by law, including the ACL, we make no warranties or representations about this Website, the Content or your website, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or that this Website will be secure.

We reserve the right to restrict, suspend or terminate any feature of this Website at any time and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

You acknowledge that some parts of the Website is intended to facilitate the interactions between our members. We hold no liability to you as a result of any conduct of the members or the misuse of your content by any member.

In no circumstances are we liable for any special, indirect or consequential loss, even if you advise us of any special circumstances or such loss was reasonably foreseeable.

14.      Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with your use of our Website, your website or any breach of these Terms. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.

You agree to release, indemnify and hold us and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including lawyers’ fees) arising out of or in connection with your use of the services or goods obtained through your use of the Website, your breach or violation of any of these Terms, The Arena’s use of your content or your violation of the rights of any third party.

15.      Events Beyond Control

Neither party shall be liable to the other party for any loss caused by any failure to observe the Terms, where such failure is occasioned by causes beyond its reasonable control including but not limited to cyber attacks, third party server outage, fire, flood, riot, strike, war, pandemic, restrictions and prohibitions or any other actions by any government or semi government authorities.

16.      Termination

You may cancel your membership subscription at any time. We may terminate or suspend your membership at any time. Termination of the Terms is effective the day notice is received, or such later date as specified in the notice. We may remove anyone from the system or refuse to deliver services.

17.      Changes to the Terms

The Arena has the right to modify its policies, conditions and these Terms at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our Website. The Arena may change our subscription plans and the price of our membership from time to time, after providing reasonable notice on the Website. Please check the Website from time to time to review our Terms.

18.      Jurisdiction and governing law

Your use of the Website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.