[ Art of Mondays ]
Terms & Conditions
These Terms & Conditions ("Terms") constitute a legally binding agreement between you and Howitt Media Pty Ltd ("we," "our," or "us"), an Australian private company registered in Western Australia (WA 6159). These Terms govern your access to and use of all services, platforms, applications, memberships, content, and any other offerings provided by us under the brands Art of Mondays, Founder Sports Club, and any current or future affiliated entities or sub-brands.
By using our websites, subscribing to our services, registering for an account, purchasing digital or physical goods, or otherwise interacting with any aspect of our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
1. Company Overview and Applicability
These Terms apply to all services offered by Howitt Media Pty Ltd, including without limitation:
Community and membership platforms (paid or free)
Digital content delivery (videos, downloads, online resources)
Educational, advisory, or coaching sessions (individual or group)
Online and offline event experiences
Communications, marketing, and promotional channels
We reserve the right to introduce new services or modify, suspend, or discontinue existing offerings at our sole discretion.
2. Legal Acceptance of Terms
Accessing or using our services constitutes your full legal acceptance of these Terms. If you do not agree with any clause herein, you must cease using our services immediately. Your continued use will be considered binding acceptance.
If you are accessing our services on behalf of a company or entity, you represent that you have authority to bind that entity to these Terms.
3. Eligibility Requirements
Our services are strictly intended for individuals who are 18 years or older. By using our services, you represent and warrant that you meet this requirement. We do not knowingly permit minors to use or access any of our platforms.
4. Description of Services
Our services vary across product categories and subscription types. These may include but are not limited to:
Peer networking and community matching
Curated resources and expert-led workshops
Access to proprietary frameworks, templates, or toolkits
Strategic coaching, mentoring, or business support
All descriptions, features, and availability are subject to change without notice. Certain services may only be available to paying users, members from specific regions, or within defined subscription periods.
5. Account Creation, Security & Responsibility
To access restricted features, you may be required to create a user account. You agree to:
Provide accurate, complete, and current information
Maintain the confidentiality of your login credentials
Notify us immediately of any unauthorized use of your account
You are fully responsible for all activity under your account, regardless of whether you authorized such activity. We reserve the right to terminate or suspend accounts suspected of violating these Terms or applicable laws.
6. Subscription Plans, Billing, and Payment
Our pricing structure includes one-time purchases, recurring subscriptions, and multi-tiered membership plans. Payment terms may differ based on:
When and how you signed up
The product or plan you selected
Currency and payment method
Some subscriptions automatically renew unless canceled before the renewal date. By submitting payment information, you authorize us to charge applicable fees through our third-party processor (e.g. Stripe).
We may update pricing or billing terms at any time with prior notice via email or in-app communication. Failure to make timely payments may result in suspension or revocation of access.
7. Cancellations, Refunds, and Disputes
You may request to cancel your subscription at any time through your user dashboard or by contacting our support team.
Refund eligibility is determined on a discretionary, case-by-case basis and subject to the original plan’s terms. We are not obligated to issue refunds for partial usage, dissatisfaction, or unclaimed services unless required by law.
Chargebacks, payment disputes, or unauthorized cancellations may result in suspension of services and referral to collections.
8. Acceptable Use Policy
You agree to use our services only for lawful purposes and in accordance with these Terms. You must not:
Use our platforms to engage in harassment, defamation, fraud, or hate speech
Impersonate another person or misrepresent your affiliation
Interfere with system integrity or security (including data scraping or reverse engineering)
Upload or distribute harmful code, malware, or spam
Violation of this section may result in immediate suspension or legal action.
9. User Contributions and Content Licensing
You may have opportunities to submit content, including text, images, introductions, links, audio, or recordings. By doing so, you grant Howitt Media Pty Ltd a non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, publish, distribute, and display such content in connection with its business operations.
You affirm that:
You own or control all rights in and to your submitted content
Your content does not violate the rights of any third party
We may remove or moderate any user-submitted content at our discretion
You remain solely responsible for your content and its compliance with all laws.
10. Intellectual Property
All intellectual property—including software, visual design, text, curriculum, recordings, documents, and branding—is the property of Howitt Media Pty Ltd or its licensors.
Nothing in these Terms shall be construed as granting any license or right to use our intellectual property except as strictly required for personal, non-commercial use of the services.
You agree not to:
Reproduce, resell, sublicense, or exploit any content
Use our trademarks, logos, or trade dress without consent
Create derivative works based on our proprietary materials
11. Third-Party Platforms and Integrations
Our platforms may link to or integrate with third-party tools and providers (e.g. Stripe, Google, Meta, Airtable, Calendly). We do not endorse, monitor, or guarantee third-party content, nor are we responsible for their terms or practices. Use of such tools is at your own risk.
12. Disclaimers of Warranty
Our services are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:
Fitness for a particular purpose
Accuracy or completeness
Non-infringement
Continuous or error-free service
We make no guarantees regarding business outcomes, financial results, or personal growth derived from participation in our programs.
13. Limitation of Liability
To the fullest extent permitted by law, Howitt Media Pty Ltd shall not be liable for:
Indirect, incidental, special, or consequential damages
Loss of profits, revenue, data, or goodwill
Any liability exceeding the amount paid by you in the prior six months
These limitations apply even if we were advised of the possibility of such damages.
14. Termination of Access
We reserve the right to suspend or permanently revoke your access without refund or notice if you breach these Terms, misuse the platform, fail to pay, or otherwise act in a way that harms the platform or community.
15. Indemnification
You agree to indemnify and hold harmless Howitt Media Pty Ltd and its officers, agents, affiliates, partners, contractors, and licensors from any and all third-party claims, damages, liabilities, costs, and expenses (including legal fees) arising from:
Your violation of these Terms
Your use or misuse of the services
Any content you submit
16. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Western Australia. Any disputes shall be subject to the exclusive jurisdiction of courts located in Western Australia.
You agree to resolve any disputes informally with us before pursuing formal legal action.
17. Amendments to Terms
We may amend these Terms from time to time. Updated versions will be posted on our website, with changes taking effect immediately upon publication. Your continued use of our services constitutes acceptance of those changes.
18. Contact Information
If you have questions about these Terms or your rights under them, please contact:
Howitt Media Pty Ltd
WA 6159, Australia
Email: the@artofmondays.com / sports@artofmondays.com