The Awake Collective – Terms and Conditions of Service

These Terms and Conditions (the “Agreement”) govern your participation in The Awake Collective, a membership program of Awake Academy Pty Ltd (ABN 62642295289).

By subscribing to or accessing The Awake Collective (“Services”), you agree to be bound by this Agreement.

This Agreement starts on the earlier of:

(a) the date you accept our offer (e.g. by clicking “accept”, signing, or otherwise confirming acceptance); or

(b) the date you pay us a membership fee.

 

1. Acceptance and Term

1.1 When you subscribe to The Awake Collective, you may choose:

(a) Monthly Membership – billed monthly in advance. This continues on a month-to-month basis until cancelled. You may cancel at any time, with cancellation taking effect at the end of your current billing cycle.

(b) Annual Membership – billed once yearly in advance. This renews automatically each year unless you give at least 30 days’ notice before the renewal date.

1.2 90-Day Money-Back Guarantee – Both monthly and annual memberships are covered by a 90-day guarantee. If you are not satisfied, you may request a full refund within 90 days of your initial subscription date.

1.3 Beyond the 90-day period, fees are non-refundable (except where required by law).

 

2. Services

2.1 In exchange for your payment, we provide access to membership inclusions (e.g. live masterclasses, workbooks, visualisations, digital community, challenges, and wellbeing resources).

2.2 Services are primarily delivered online. Any optional in-person events will be at your own cost (travel, accommodation, etc.), and additional terms may apply.

 

3. Use of Awake Resources

3.1 We grant you a personal, non-exclusive, non-transferable licence to use our membership resources (including digital tools, workbooks, videos, prompts, and AI-enabled nudges) for your own personal wellbeing and development only.

3.2 You must not copy, distribute, resell, reverse engineer, or misuse the resources, or allow access by anyone not enrolled.

 

4. Third-Party Material

4.1 Our Services may integrate with or link to third-party content or technology. We are not responsible for the accuracy, availability, or terms of such third-party materials, which you use at your own risk and subject to the provider’s terms.

 

5. Your Responsibilities

5.1 You are responsible for ensuring that the Services are suitable for your personal needs.
5.2 You must keep your account secure and not share login credentials.
5.3 You agree to participate respectfully in the community; behaviour that is offensive, harmful, or disruptive may result in suspension or termination.

 

6. Price, Payment, and Taxes

6.1 Membership fees are payable as set out in your order.
6.2 Prices may be reviewed annually in line with CPI or up to 4%, whichever is lower.
6.3 You are responsible for all applicable taxes.

 

7. Termination

7.1 Monthly Memberships – You may cancel your monthly membership at any time by providing notice through your account or by contacting us. Your membership will continue until the end of the current billing cycle, and no further payments will be taken.

7.2 Annual Memberships – You may cancel your annual membership at any time prior to the renewal date. Your membership will remain active until the end of the current annual term, and no further charges will be applied.

7.3 90-Day Money-Back Guarantee – Both monthly and annual memberships are eligible for a full refund if cancelled within the first 90 days of your initial subscription. After this period, fees are non-refundable, except as required by law.

7.4 We may suspend or terminate your membership immediately if you materially breach these Terms (including non-payment or inappropriate behaviour within the community).

 

8. Consequences of Termination

Upon termination:

• Your access to Services ceases immediately.
  

• You must pay all amounts due up to the date of termination.
  

• You must stop using and delete all Awake Collective resources, unless required by law to retain them.
  
  
  

9. Consumer Law Rights

Nothing in these Terms excludes your statutory rights under the Australian Consumer Law. If the Services are defective, our liability is limited (where permitted) to resupplying the Services or refunding the cost.

 

10. Disclaimer

10.1 Our Services provide tools, practices, and resources for wellbeing, but they are not medical, psychological, financial, or legal advice.
10.2 You should seek professional advice where appropriate.
10.3 We do not guarantee particular outcomes, performance, or results from using our Services.

 

11. Limitation of Liability

To the fullest extent permitted by law:

• We are not liable for indirect or consequential loss (e.g. lost profits, lost opportunities, reputational harm).
  

• Our total liability in any 12-month period is limited to the fees you paid in that period.
  

• These limitations do not apply to fraud, gross negligence, or wilful misconduct.
  
  
  

12. Intellectual Property

All intellectual property in The Awake Collective, its materials, and outputs remains owned by Awake Academy. You may not claim, copy, distribute, or adapt any content without prior written consent.

 

13. Your Materials

Where you contribute materials (e.g. comments, testimonials, reflections):

• You retain ownership, but grant us a licence to use them as reasonably necessary to provide the Services.
  

• We may aggregate and anonymise member data for research, development, or insights.
  
  

14. Privacy and AI Use

14.1 We comply with the Privacy Act 1988 (Cth) and our Privacy Policy.
14.2 We use AI responsibly to enhance your membership (e.g. nudges, journaling prompts). To protect your identity:

• Your name and email are never shared with AI systems.
  

• Data is de-identified or pseudonymised before processing.
  

• Identifiers (name/email) are re-connected only after AI output is generated, within our encrypted database.
  

• All personal identifiers are stored securely and encrypted.
  

• AI is not used for profiling or automated decision-making that has legal or significant effects.

14.3 By using the Services, you consent to de-identified data being used in AI workflows, subject to the safeguards above.

15. Confidentiality

Each party must keep the other’s confidential information secure, except where disclosure is required by law or agreed in writing.

 

16. Communications and Marketing

We may contact you regarding membership updates and service notices. Marketing communications will only be sent if you consent, and you may unsubscribe at any time.

 

17. General

• This Agreement is governed by the laws of New South Wales, Australia.
  

• Neither party is liable for delays caused by events beyond reasonable control (force majeure).
  

• We may subcontract service delivery but remain responsible for subcontractors.
  

• We may amend these Terms with notice; if the amendment causes you material detriment, you may terminate with a pro-rated refund.
  
  
  

18. Definitions

• Services: The Awake Collective membership, resources, and programs.
  

• Customer Materials: Content you provide to us during membership.
  

• Supplier Resources: Content, materials, and tools we provide to you.

•   Personal Information: As defined under the Privacy Act 1988 (Cth).
  

• Early Termination Fee: 70% of the unpaid fees remaining in the subscription period.