Prathi Collective
Chai Social Club
TERMS OF ENROLLMENT
Please READ carefully. This is a legal contract.
The following Terms of Enrollment govern your participation in the Program presented by Prathi Collective (“Company”). Please read these Terms of Enrollment carefully. By enrolling in Chai Social Club (“Program” or “Product”), you (“Customer”, “Client”, “Member”, “you” or “your”) agree that your use of our Site, participation in our Program, and use of Program materials is governed by the following terms and conditions, together with our Terms of Service and Privacy Policy:
For good and valuable consideration, Customer agrees to purchase Chai Social Club, a monthly membership subscription, (“Membership”) from Company. In exchange, Company agrees to provide the purchase item, with details as outlined below.
ACCEPTANCE OF THE TERMS OF USE
These terms of use are entered into by and between You and Company. The following terms and conditions “Terms of Use” govern your access to and use of, Chai Social Club, including any content, functionality, and services offered on or through prathicollective.com (the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://prathicollective.com/terms-and-conditions, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or purchase our Membership.
MEMBERSHIP DETAILS
Chai Social Club is a monthly membership subscription.
1. Customer understands and agrees this Membership includes:
● Weekly LIVE Content Planning sessions
● Quarterly Masterclasses to help level up your marketing skills
● Templates and Resources to make social content creation easier and save you time
● Access to all courses, workshops
● Members-only community space & real time DMs
● PLUS Quarterly 1:1 strategy call with Prathi (Yearly option only)
2. Customer understands and agrees this Membership does not include:
● Social media management
● Private 1:1 support from Prathi Collective (all support is offered within the Circle Community)
● Occasionally, we feature our members in our social media and marketing, but this is not guaranteed or included in the membership, and is done solely at the discretion of Prathi Collective
● Any good or service other than that in Section 1 above.
Customer has done sufficient research to fully understand what is included in the Purchase and what is not included in the Purchase. Customer agrees to be bound by Company’s Terms of Use which are posted here: Terms of Use.
PAYMENT
In exchange of valuable consideration for the Membership provided by Company to Customer, Customer agrees to pay Company a $57 per month OR $570 per year (“Fee”). Customer agrees to be responsible for the full Fee and agrees to pay the full Fee electronically, via Company’s website or Company’s selected third-party payment processor.
Customer shall make valid required payment prior to gaining any access to the Membership.
This is a recurring membership. Customer gives Prathi Collective permission to automatically charge Customer’s method of payment on file for all renewal payments, at the time they are due, without any additional authorization.
Customer understands and agrees that if any payment due is not able to be processed and/or received on its due date, Company will notify Customer, who will then have a 3-day grace period to make the payment. Once the grace period has expired, if payment is still not able to be processed, Customer’s access to the Membership will be terminated, with no refunds given for any previous payments made.
Customer further understands and agrees that Customer may choose to cancel their Membership at any time and that no refunds are given on past payments.
COMMUNICATIONS
A. Chai Social Club on Circle.
Customer will be granted access to Chai Social Club as a private group on Circle as part of the Membership. When participating in the Chai Social Club on Circle, Customer agrees not to post anything defamatory, harmful, hurtful, harassing or that would constitute cyberbullying. Customer understands that Company has a zero tolerance policy towards the conduct described in this provision and will immediately terminate Customer’s access if this provision is violated.
B. Access to Company.
During the Membership, Company will be accessible to Customer through the private Circle community. Company will respond as soon as possible to questions posted within the Community.
NON-DISCLOSURE AND CONFIDENTIALITY
Customer understands that this Purchase includes access to Company’s intellectual property, original work, business affairs, third-party confidential information, trade secrets and other sensitive or proprietary information, (“Company’s Information”, “confidential information”, and/or “information”), including but not limited to video recordings, strategies, technical information, verbal guidance and other unpublished information. Customer agrees not to share, distribute, repurpose, claim ownership of, use for commercial benefit, disclose to third parties or copy any of Company’s Information and agrees that doing so is in direct violation of these Terms of Use. Customer agrees not to resale any of Company’s intellectual property, trade secrets and other proprietary information. Customer understands that this non-disclosure provision remains in effect in perpetuity and Company reserves the right to prosecute any such violation to the full extent of the law.
By participating in the Membership, Customer may share private and confidential information with Company and other members in the program (“the Group”). Company agrees not to disclose such confidential information except as otherwise reserved in this agreement and if required to do so by law. A further exception to this is if Company is required by law to disclose information shared by Customer, or if Company has a good faith reason to believe that disclosing such information is necessary to protect Customer, Company, a third party, or to respond to an emergency. Further, Customer may authorize Company to disclose private and/or confidential communications independent of this agreement or outside the scope of this agreement and such authorization will be given by Customer to Company in writing.
Customer also understands that other members of the Group may share their confidential or proprietary information (“the Group Information”). Customer agrees not to copy, share, distribute, repurpose, claim ownership of, use for commercial benefit or disclose to third parties outside of the Group, any of the Group Information and agrees that doing so is in direct violation of these Terms of Use. Customer understands that this non-disclosure provision remains in effect in perpetuity and a third party may prosecute any such violation to the full extent of the law. Customer agrees to hold Company harmless from any such action taken by a third-party against Customer.
Customer and Company agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.
INTELLECTUAL PROPERTY
Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Membership, unless otherwise stated, including but not limited to, brand design, brand elements, design elements, writings, documents, templates, videos, audio recordings, worksheets, emails, handouts, recipes, activities, strategies, systems, techniques, logos, trademarks and other proprietary information and original work created by Company, whether created prior to working with Customer or specifically created for Customer.
By enrolling in the Membership, Customer is granted one limited, revocable, non-exclusive, non-sublicensable, non-transferable license solely to view, read, download, print and use the materials and content in the Membership, for Customer’s personal use only, as directed by Company. No use by Company of the Product in any medium or manner will be deemed to interfere with the limited permissions made to Customer by Company herein. All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.
Customer agrees not to copy, give away, reproduce, edit, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent. If a violation of this provision is discovered or suspected, Customer understands that this may constitute infringement and theft of Company’s intellectual property and may be a violation of State and Federal laws. In the event of a breach of this section, Company may terminate Customer’s access to the Membership, without refund, and reserves the right to prosecute such infringement to the fullest extent of the law.
Company reserves all rights not expressly granted to Customer under these Terms of Use.
TERMINATION
Customer may terminate and discontinue the Membership at any time, for any reason, by going to the Company’s website at https://chai-social-club.circle.so/account/billing and selecting to cancel the plans. Customer may also email their cancellation request to the Company, and Company will cancel their subscription within 2 business days. Customer agrees and acknowledges that no portion of payments already made will be refunded.
REFUND POLICY
Company’s refund policy is as follows:
All membership subscription payments are non-refundable regardless as to payment option. Customer acknowledges that this is a digital membership and customer gains access to all courses and other inclusions upon purchase. Due to said valuable consideration, we do not issue refund payments of any kind. Customer has the right to unilaterally cancel their membership at any time by selecting to cancel their subscription through the online members portal as described in the foregoing Termination clause.
Customer understands that Company does not give refunds.
TESTIMONIALS
Company may request Customer to provide a testimonial on the Purchase. Customer understands that there is no requirement to provide such a testimonial and further understands that if Customer declines to provide such a testimonial, there will be no negative consequences or change in relationship between Company and Customer.
If Customer chooses to provide a testimonial, it will be purely voluntary, at Customer’s own discretion. Customer understands that the testimonial, along with Customer’s identifying information may be used in Company’s marketing and promotions, with no financial compensation to Customer, and Company will hold an unlimited, irrevocable, worldwide license in perpetuity to use, publish, distribute or repurpose any information provided to Company as part of such testimonial. Customer agrees to sign a Testimonial Release if requested by Company.
DISCLAIMER
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
CONFIDENTIALITY AND NONDISCLOSURE
CONFIDENTIALITY
The Company respects Customer’s privacy and insists that Customer respects the Company’s and other Program Participants (herein referred to as “Participants”). Thus, Customer agrees that any Confidential Information shared by Participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during group calls, from the forum or otherwise.
Customer agrees not to use such confidential information in any manner other than in discussion with other Participants throughout Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, intellectual property, trade secrets, and other proprietary information.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Customer agrees not to infringe upon Company’s proprietary or intellectual property rights. Furthermore Customer will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Customer including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses, or results, experience, or statements, oral or written. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party.
Further, by signing below you agree that if you violate or display any likelihood of violating this section the Company and/or other Participants will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NON-DISCLOSURE OF MATERIALS
Program Materials are proprietary, copyrighted and developed solely and specifically for Company. Customer agrees that such proprietary material is solely for Customer’s own personal use. Any disclosure, reproduction and sale by Customer to a third party is strictly prohibited.
LICENSE
Customer’s use of, and access to the Program Materials is on a licensed basis. In that regard, Company hereby grants to Customer, and Customer hereby accept, the non-exclusive right, license and privilege to use (but not sublicense) the Program Materials for as long as the program is live and offered. Thereafter, Customer’s right to continue to use the Program Materials is subject to Customer executing our Alumni Program and paying the applicable monthly fee.
Customer agree to:
(a) constantly use Customer’s best efforts in the use of the Program Materials in a way to protect the good name and goodwill associated with the Program Material and Company.
(c) not to attack the title of Company in and to the Program Material nor attack the validity of the license granted hereunder;
(d) not harm, misuse or bring into disrepute the Program Material and Company, but to the contrary, will maintain the value and reputation thereof to the best of Customer’s ability;
(f) at all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Programs and Materials, and shall maintain appropriate customary high-quality standards. Customer shall also abide by Company’s suggestions and specifications regarding quality control over the use of the Program Material.
The license granted herein does not grant Customer any right, title or interest, at law or in equity, in or to any of Company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof or, the name or images of Company, trade secrets or other rights or intellectual property of any kind, except as provided by said license. Further, such license applies only to those Program Material designated herein. Customer shall not represent to others, or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our Program Material, Trademarks, copyrighted materials, trade secrets or other rights or intellectual property of any kind other than by virtue of the license granted hereunder.
Company shall have the right to approve all uses of the Program Material or derivative uses thereof.
Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Program Material (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.
CUSTOMER RESPONSIBILITY. Program is developed for strictly educational purposes ONLY. Customer accepts and agrees that Customer is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Customer understands that because of the nature of the Program and extent, the results experienced by each Customer may significantly vary. Customer acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Customer will reach their goals as a result of purchase of Program.
FORCE MAJEURE. In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
SEVERABILITY/WAIVER. If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY. Customer agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Customer releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Program is held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my purchase of the Program. Customer accepts any and all risks, foreseeable or unforeseeable.
Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the Program materials.
NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
Neither Customer nor any of Customer’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its Programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
ASSIGNMENT. This Agreement may not be assigned by either party without express written consent of both parties.
TERMINATION. Company is committed to providing all customers in the Program with a positive Program experience. By signing below, Customer agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s access to Program without refund or forgiveness of monthly payments if Customer become disruptive to Company or Participants, difficult to work with or upon violation of the terms as determined by Company. Customer will still be liable to pay the total contract amount.
INDEMNIFICATION. Customer shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Program(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Customer shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Customer recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
RESOLUTION OF DISPUTES. This Agreement shall be governed by and construed in accordance with the laws of the California, United States of America.
All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in California, to be resolved in accordance with the laws of the state of California. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
EQUITABLE RELIEF. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
NOTICES. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: support@prathicollective.com
BENEFICIARIES. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns.
WAIVER. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
ENTIRE AGREEMENT. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
By purchasing this Mermbership, I have read and agree to the terms and conditions set forth above.