Terms of Use
Fresh Collective — Terms of Use
Version 1.0
These Terms of Use govern your use of Fresh Collective.
Fresh Collective is operated by Lindsey Hilliard, ABN - 95 563 881 304.
By creating an account, accessing or using Fresh Collective, joining a Collective, becoming a Creator, making a purchase or otherwise participating through the platform, you agree to these Terms.
Fresh Collective is for people aged 18 years and over.
These Terms should be read alongside the other policies and agreements that apply to your use of Fresh Collective, including the:
- Privacy Policy
- Community Guidelines
- Membership Terms
- Creator Agreement
- Payment, Refund & Cancellation Policy
Additional terms may also be shown for a particular purchase, service, Gathering or Creator plan.
Why these Terms exist
Fresh Collective is a platform where people can create and participate in Collectives built around learning, connection, experiences and shared interests.
Fresh Collective provides the platform.
Creators build and lead Collectives.
Members choose where and how they participate.
These Terms set out the shared rules that allow those different roles to work together.
About Fresh Collective
Fresh Collective provides digital infrastructure that may allow people to:
- create accounts
- discover Collectives
- join Collectives
- participate in communities
- access Pathways and resources
- discover and book Gatherings
- communicate through Conversations and Messages
- make purchases
- manage memberships and access
- create and operate Collectives
- receive and manage payments
- use other features made available through the platform
Fresh Collective will continue to evolve, so the precise features available may change over time.
Who can use Fresh Collective
You must be at least 18 years old to create an account or use Fresh Collective.
By using Fresh Collective, you confirm that:
- you are 18 years of age or older
- you are legally able to agree to these Terms
- the information you provide is accurate
- you will use Fresh Collective in accordance with these Terms and applicable law
Fresh Collective is not designed for children or for accounts created on behalf of children.
If we reasonably believe an account belongs to a person under 18, we may restrict or close the account.
Your account
Some Fresh Collective features require an account.
You are responsible for:
- providing accurate information
- keeping your account information reasonably current
- protecting your password and login credentials
- activities undertaken through your account
- notifying Fresh Collective if you reasonably believe your account has been compromised
Your account is personal to you.
You must not:
- impersonate another person
- create an account using another person's identity without authority
- allow another person to use your account as if it were their own
- obtain access to another person's account without permission
- create accounts for fraudulent, deceptive or abusive purposes
Fresh Collective may take reasonable steps to verify account information where necessary for security, payments, Creator activity or legal compliance.
Roles within Fresh Collective
Fresh Collective operates through several connected roles.
Fresh Collective
Fresh Collective owns and operates the platform and provides shared infrastructure, systems and tools.
Creators
Creators independently build and operate Collectives through Fresh Collective.
They may create:
- communities
- Gatherings
- Pathways
- programs
- resources
- courses
- memberships
- subscriptions
- paid experiences
- other offerings supported by the platform
The Creator Agreement applies to Creator activity.
Members
Members are people who join and participate in Collectives.
The Membership Terms apply to Collective membership and Member activity.
A person may be both a Creator and a Member, in which case the relevant terms apply to each role.
Creators are independent
Creators are independent from Fresh Collective.
Unless Fresh Collective expressly states otherwise, a Creator is not:
- an employee of Fresh Collective
- Fresh Collective's agent
- Fresh Collective's partner
- authorised to make commitments on behalf of Fresh Collective
Creators determine the substance of their own offerings and are responsible for delivering the services, experiences and content they offer.
Fresh Collective provides the platform through which those activities may be discovered, accessed, managed and paid for.
Creator offerings
Information about a Creator's offering may include:
- descriptions
- prices
- schedules
- inclusions
- access periods
- booking limits
- Gathering details
- participation requirements
- refund or cancellation conditions
Creators are responsible for providing accurate information about their offerings.
Fresh Collective may provide tools, templates and platform structures that help Creators present this information, but this does not mean Fresh Collective independently verifies every statement made by every Creator.
If Fresh Collective becomes aware of information that appears materially misleading, unlawful or inconsistent with platform requirements, we may investigate or require it to be corrected.
Joining a Collective
Collectives may have different joining arrangements.
A Collective may be:
- free to join
- available through a qualifying purchase
- invitation-based
- managed through another joining method supported by Fresh Collective
Joining one Collective does not automatically give you access to another.
The Membership Terms explain Collective membership in more detail.
Membership and access
Collective membership and access to particular content or experiences are not always the same thing.
A person may be a Member of a Collective without having active access to every:
- Pathway
- Gathering
- Gathering Series
- resource
- paid area
- program
- other experience
Access may depend on:
- whether you are signed in
- whether you are a Member
- whether you have active access
- a purchase you have made
- an access grant
- the Collective's settings
- availability of the relevant content
Creators can control access to some Collective areas using the options provided by Fresh Collective.
The Membership Terms explain this distinction in more detail.
Purchases and payments
Fresh Collective may allow payments for Creator offerings and Fresh Collective services.
Payments may include:
- one-off purchases
- ongoing subscriptions
- fixed payment plans
- Creator subscriptions
- other supported payment arrangements
The price, payment structure and key inclusions should be shown before you confirm a purchase.
The Payment, Refund & Cancellation Policy explains payment arrangements in more detail.
Fixed payment plans
A fixed payment plan is a defined total purchase price paid through a set number of instalments.
It is not the same as an ongoing subscription.
Choosing to stop participating in an offering does not necessarily cancel the remaining instalments in a fixed payment commitment.
Any cancellation or refund rights will depend on:
- the purchase terms
- the Creator's applicable policy
- the Payment, Refund & Cancellation Policy
- Australian Consumer Law
- other applicable law
Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded.
Where Australian Consumer Law applies, consumers may have rights relating to matters such as:
- services being provided with due care and skill
- services being fit for a particular disclosed purpose
- services being provided within a reasonable time where no time is specified
- remedies where applicable consumer guarantees are not met
Fresh Collective and Creators must not use these Terms or separate policies to misrepresent rights that consumers have under law.
Refunds and cancellations
Refund and cancellation arrangements may differ depending on the offering.
Creators may set additional policies relating to matters such as:
- change of mind
- inability to attend
- transfers
- missed sessions
- rescheduling
Those policies cannot remove rights that apply under Australian Consumer Law.
The Payment, Refund & Cancellation Policy contains the general Fresh Collective rules relating to:
- refunds
- subscriptions
- fixed payment plans
- failed payments
- cancellations
- Gathering changes
- payment disputes
Gatherings
Fresh Collective may allow Creators to organise Gatherings.
Gatherings may be:
- in person
- online
- free
- paid
- one-off
- recurring
- part of a Series
Creators are responsible for operating the Gatherings they offer.
You are responsible for reviewing relevant Gathering information before deciding to participate.
Public and private Gathering information
Fresh Collective may intentionally show different Gathering information to different people.
Public information may include a general location such as:
South Croydon, Victoria
More detailed information may only be shown to people who have an appropriate booking or management role.
Private attendee information may include:
- a street address
- venue access information
- entry instructions
- other details intended for attendees
You must not publicly redistribute private Gathering information without appropriate permission.
Participation in Gatherings
When participating in a Gathering, you agree to:
- follow reasonable instructions
- behave respectfully
- comply with venue requirements
- take reasonable care for your own safety and the safety of others
- provide relevant information where reasonably required for participation
- comply with activity-specific conditions made clear to you
Some Gatherings may require separate:
- consents
- waivers
- health screening
- safety information
- participation conditions
These may be provided by the Creator.
Health, wellbeing and professional services
Some Creators may offer activities relating to areas such as:
- fitness
- movement
- wellbeing
- coaching
- education
- personal development
Fresh Collective provides a platform for these offerings but does not itself provide every Creator service offered through the platform.
Unless expressly stated otherwise, Fresh Collective does not independently certify or endorse every Creator's professional qualifications.
Creators are responsible for operating within the scope of any qualifications, registrations, licences or professional obligations that apply to their work.
Information provided through Fresh Collective should not be treated as medical, legal, financial or other regulated professional advice unless it is expressly provided as such by an appropriately qualified person.
Content on Fresh Collective
Fresh Collective contains several different types of content.
These may include:
- Fresh Collective Content
- Creator Content
- Community Contributions
Different ownership and use rules apply to each.
Fresh Collective Content
Fresh Collective owns or licenses the content that forms part of the Fresh Collective platform itself.
This may include:
- branding
- visual design
- platform copy
- software
- interfaces
- original illustrations
- platform resources
- World Guide material
- Fresh Collective-created content
Unless Fresh Collective gives permission, you must not:
- copy it for commercial use
- reproduce substantial parts of it
- republish it as your own
- remove ownership notices
- use Fresh Collective branding in a way that falsely suggests endorsement, partnership or affiliation
Normal use of the platform in accordance with these Terms is permitted.
Creator Content
Creators retain ownership of intellectual property they hold in their Creator Content.
Using Fresh Collective does not transfer ownership of Creator Content to Fresh Collective.
Creators grant Fresh Collective the permissions reasonably required to:
- host
- store
- process
- display
- deliver
- technically reproduce
- make available
their content through the platform.
More detail is provided in the Creator Agreement.
Community Contributions
Users may be able to contribute material such as:
- posts
- comments
- replies
- discussions
- reactions
- resources
- profile information
- other community content
You retain any intellectual property rights you have in your Community Contributions.
By posting a Community Contribution through Fresh Collective, you give Fresh Collective a non-exclusive licence to host, store, display, reproduce and technically process that contribution to the extent reasonably necessary to operate the platform and make the contribution available in the place where you chose to share it.
This licence does not give Fresh Collective ownership of your Community Contribution.
Your responsibility for content
You are responsible for content you submit or publish through Fresh Collective.
You must have the right to share it.
You must not knowingly upload, publish or distribute content that:
- infringes another person's intellectual property
- breaches confidentiality
- unlawfully discloses personal information
- is defamatory
- is fraudulent
- is unlawful
- breaches the Community Guidelines
- violates another person's rights
Fresh Collective may remove or restrict content where reasonably necessary.
Community Guidelines
Everyone using Fresh Collective must comply with the Community Guidelines.
They apply to behaviour including:
- Community Contributions
- interactions with Members
- interactions with Creators
- Conversations
- Messages
- Gatherings
- other Fresh Collective community spaces
Fresh Collective is intended to support respectful disagreement and genuine participation.
The Community Guidelines do not require people to agree with each other.
They do require people to interact in ways that do not involve harassment, intimidation, exploitation or other prohibited behaviour.
Prohibited use
You must not misuse Fresh Collective.
You must not use the platform to:
- engage in unlawful activity
- commit or facilitate fraud
- harass, threaten or stalk another person
- exploit or abuse another person
- impersonate another person or organisation
- distribute malware or malicious code
- interfere with platform security
- attempt unauthorised access to accounts, systems or data
- scrape or harvest information in a way that breaches these Terms or applicable law
- send spam or unlawful unsolicited communications
- manipulate platform functions dishonestly
- evade access restrictions
- obtain paid content without authorisation
- share access credentials in order to avoid payment
- misuse another person's personal information
- infringe intellectual property rights
- use Fresh Collective in a way that creates an unreasonable security or operational risk
Fresh Collective may investigate suspected misuse.
Automated access and interference
You must not use bots, scripts, automated tools or other methods to:
- circumvent access controls
- overload the platform
- extract information at unreasonable scale
- probe for vulnerabilities without permission
- disrupt Fresh Collective services
- interfere with other users
Reasonable indexing by legitimate search engines and integrations expressly authorised by Fresh Collective are not prohibited by this section.
Privacy
Fresh Collective handles personal information in accordance with the Privacy Policy.
Depending on how you use Fresh Collective, personal information may be shared with people such as:
- Creators whose Collectives you join
- people managing relevant Gatherings
- other Members where a feature is designed to display information between Members
- service providers used to operate the platform
The Privacy Policy explains these practices in more detail.
You are also responsible for respecting other people's privacy when using information obtained through Fresh Collective.
Communications
Fresh Collective may contact you about matters reasonably necessary to operate your account or provide services you use.
These may include:
- account verification
- security messages
- purchase confirmations
- booking confirmations
- Gathering reminders
- cancellation notices
- payment notifications
- important platform changes
- policy changes
- other service communications
These service communications are different from optional marketing communications.
Where Fresh Collective sends marketing communications, it will do so in accordance with applicable law and provide applicable unsubscribe options.
Messages between users
Fresh Collective may provide communication tools such as Conversations or Messages.
You are responsible for communications you send through the platform.
Fresh Collective does not guarantee:
- that another person will respond
- a particular response time
- that every communication will be appropriate or accurate
Fresh Collective may investigate communications where reasonably necessary in connection with:
- reports of misconduct
- safety concerns
- security concerns
- suspected platform misuse
- legal obligations
Any handling of personal information will remain subject to the Privacy Policy and applicable law.
Member directories
Some Collectives may provide Member directories.
Where a directory is enabled, eligible Members may be able to see selected profile information about other Members.
A Creator may control whether a Member directory is enabled for their Collective.
You must not use Member-directory information to:
- harass another Member
- create unrelated mailing lists
- scrape Member information
- sell personal information
- use another person's information for an unrelated commercial purpose without an appropriate basis
Third-party services
Fresh Collective relies on third-party services to operate parts of the platform.
These may include services relating to:
- payments
- hosting
- email delivery
- storage
- analytics
- infrastructure
- security
Your use of some functions may also be subject to the terms and privacy practices of the relevant provider.
Fresh Collective remains responsible for its own obligations but cannot guarantee that every third-party service will operate without interruption.
Links to external services
Fresh Collective may contain links to websites, resources or services operated by other people.
A link does not necessarily mean Fresh Collective:
- owns the external service
- controls it
- endorses everything it contains
- guarantees its availability
You should review relevant external terms and privacy policies where appropriate.
Platform availability
Fresh Collective aims to provide a reliable platform.
However, online services cannot be guaranteed to operate without interruption.
Fresh Collective may occasionally be affected by:
- maintenance
- updates
- technical faults
- third-party outages
- security events
- internet failures
- circumstances outside reasonable control
Fresh Collective will take reasonable steps to maintain and restore the platform.
Nothing in these Terms excludes responsibilities that cannot lawfully be excluded.
Changes to the platform
Fresh Collective is an evolving product.
We may:
- introduce features
- improve features
- redesign areas
- replace features
- remove features
- change how parts of the platform operate
We will aim to avoid unnecessarily disrupting existing paid commitments.
Where a material platform change significantly affects something already purchased, Fresh Collective will address the situation reasonably and consistently with applicable law.
Suspension and restrictions
Fresh Collective may restrict or suspend access where reasonably necessary.
Reasons may include:
- serious or repeated breaches of these Terms
- serious or repeated Community Guidelines breaches
- fraud
- security threats
- unlawful activity
- misuse of the platform
- significant harm or risk to other users
- legal requirements
- investigation of a serious complaint
Where appropriate, action may include:
- removing content
- restricting features
- limiting access
- suspending an account
- suspending Creator functionality
- closing an account
Fresh Collective will consider the nature and seriousness of the circumstances when deciding what action is appropriate.
Immediate action may be necessary in serious situations.
Closing an account
You may request to close your Fresh Collective account.
Before doing so, you should consider any:
- active subscriptions
- fixed payment plans
- bookings
- refunds
- outstanding payments
- Creator payouts
- unresolved disputes
- existing commitments to Members
Closing an account does not automatically cancel or remove financial or legal obligations that arose before closure.
Information may continue to be retained where required or permitted by law or as otherwise explained in the Privacy Policy.
Termination by Fresh Collective
Fresh Collective may close an account where reasonably necessary because of matters such as:
- serious or repeated breaches
- fraud
- unlawful activity
- serious safety issues
- significant security concerns
- sustained misuse of the platform
- legal requirements
Where reasonably practicable, Fresh Collective will explain significant action taken.
Fresh Collective will not use account termination to avoid obligations relating to existing purchases, refunds, payouts or rights that cannot lawfully be excluded.
If Fresh Collective stops providing a service
Fresh Collective does not promise that every feature or service will exist indefinitely.
If Fresh Collective decides to discontinue a significant service, we will take reasonable steps to manage the transition.
Where discontinuation affects existing paid commitments, Fresh Collective will consider matters such as:
- remaining access
- future payments
- refunds
- Creator payouts
- data
- reasonable notice
- applicable consumer rights
Responsibility for your own decisions
Fresh Collective provides tools for people to discover, create and participate in communities and experiences.
You remain responsible for deciding:
- which Collectives you join
- which Creators you engage with
- which Gatherings you attend
- which purchases you make
- how you use information or resources provided through the platform
You should consider whether an offering is appropriate for your own circumstances before participating.
Nothing in this section removes any responsibility a Creator or Fresh Collective has under applicable law.
No guarantee of particular outcomes
Fresh Collective does not guarantee that using the platform or participating in a Creator offering will produce a particular personal, professional, financial, educational, health or wellbeing outcome.
Individual outcomes may depend on many factors outside Fresh Collective's control.
Creators must not make misleading claims about outcomes.
This does not limit consumer guarantees or other rights that apply by law.
Responsibility and liability
Nothing in these Terms excludes, restricts or modifies any right, guarantee, condition, warranty, remedy or liability that cannot lawfully be excluded or limited.
Subject to those rights, Fresh Collective is not responsible for loss or damage to the extent that it is caused by:
- your breach of these Terms
- your unlawful conduct
- information you provide that is inaccurate
- your failure to take reasonable steps to protect your account
- conduct of another user that Fresh Collective could not reasonably have prevented
- an external service or event outside Fresh Collective's reasonable control
Fresh Collective does not seek through these Terms to exclude liability for loss caused by Fresh Collective where that liability cannot lawfully be excluded.
Where the Australian Consumer Law provides you with rights or remedies, those rights and remedies continue to apply.
Issues with Creator services
If an issue relates primarily to a particular Creator offering, the Creator may be the appropriate first person to contact.
Fresh Collective may assist where the matter also involves:
- platform functionality
- payment processing
- refunds administered through Fresh Collective
- Community Guidelines
- fraud
- safety
- privacy
- misuse of Fresh Collective
Nothing in this section prevents you from exercising legal rights available to you.
Reporting concerns
If you believe something on Fresh Collective:
- breaches these Terms
- breaches the Community Guidelines
- is unsafe
- is fraudulent
- infringes your rights
- involves misuse of personal information
- may be unlawful
you can report it using the available contact or reporting processes.
Fresh Collective may request further information where reasonably necessary to understand and respond to a report.
Disputes
If a dispute arises in connection with Fresh Collective, we encourage the parties to first try to resolve it directly and reasonably.
Depending on the issue, this may involve contacting:
- the Creator
- Fresh Collective
- the relevant payment provider
Fresh Collective may assist in resolving platform-related issues where appropriate.
Nothing in these Terms prevents a person from:
- exercising rights under Australian Consumer Law
- contacting a regulator
- making a complaint to an appropriate authority
- using a payment-provider or financial-institution dispute process
- commencing legal proceedings where appropriate
Governing law
These Terms are governed by the laws of Victoria, Australia and applicable Commonwealth laws of Australia.
Subject to any right you have to bring a matter in another appropriate forum, the parties submit to the courts and tribunals with jurisdiction in Victoria.
Nothing in this section limits any jurisdiction or forum rights that cannot lawfully be excluded.
If part of these Terms is invalid
If a provision of these Terms is found to be invalid, unlawful or unenforceable, that provision may be read down or severed to the extent necessary.
The remaining provisions will continue to apply where they are capable of doing so.
No waiver
If Fresh Collective does not immediately enforce a provision of these Terms, that does not mean Fresh Collective has permanently given up the right to rely on that provision.
Any exercise of rights under these Terms must remain consistent with applicable law.
Other Fresh Collective policies
These Terms operate together with Fresh Collective's other governance documents.
Terms of Use
These are the general rules applying to Fresh Collective.
Membership Terms
These contain additional terms applying to Collective Members.
Creator Agreement
This contains additional terms applying to Creators.
Payment, Refund & Cancellation Policy
This explains payment structures, payment plans, refunds and cancellations.
Community Guidelines
These set the behavioural standards applying across Fresh Collective.
Privacy Policy
This explains how Fresh Collective handles personal information.
Where terms shown for a particular purchase or service apply in addition to these documents, those specific terms also form part of the relevant agreement.
If two provisions cannot reasonably operate together, the more specific provision will generally apply to the particular matter it addresses, subject to applicable law.
World Guide, Glossary and Our Philosophy
Fresh Collective also publishes material including the:
- World Guide
- Glossary
- Our Philosophy
These documents help explain Fresh Collective's language, culture, principles and how the platform is intended to work.
They are guidance and explanatory material rather than standalone legal agreements, unless a particular provision expressly states otherwise.
Fresh Collective may update this guidance as the community and platform evolve.
Changes to these Terms
Fresh Collective may update these Terms from time to time.
Changes may be made to reflect:
- new or changed platform features
- legal or regulatory requirements
- changes to Fresh Collective's operations
- improvements to safety or governance
- other reasonable changes to how the platform operates
Where a change is material, Fresh Collective will provide reasonable notice where practicable.
Fresh Collective will not use an updated version of these Terms to retrospectively change:
- the agreed price of a completed purchase
- an agreed fixed payment schedule
- another essential financial term already agreed
unless:
- you agree to the change, or
- the change is permitted or required by law.
Your continued use of Fresh Collective after an updated version takes effect will generally mean the updated Terms apply to your future use of the platform.
This does not retrospectively remove rights or obligations that arose under an earlier version.
The current published version will always be available through Fresh Collective.
Contact
If you have questions about these Terms or Fresh Collective, you can contact us using the contact details provided through Fresh Collective or the World Guide.
Fresh Collective Operated by: Lindsey Hilliard ABN: 95 563 881 304 Email: hello@freshcollective.au