Terms and Conditions
Our Terms and Conditions were last updated on 6 January 2024.
By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of a subscription to the Membership Site entitled The Māmā Glow Collective, (hereinafter “Client”) acknowledge the terms as outlined herein, and agree and willingly purchase entry into The Māmā Glow Collective to be provided with services rendered by The Māmā Glow Māmā Glow Collective (hereinafter “Māmā Glow”), and you agree you are voluntarily entering into a legally binding Agreement, including the automatic renewal terms, with Māmā Glow, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration of twenty-nine NZD dollars ($29) Client has agreed to purchase a monthly subscription to The Māmā Glow Collective. If a Client was gifted a membership, he/she/they confirm this agreement still represents a bargained-for exchange, and understand they are legally bound to this Agreement. In exchange, Māmā Glow agrees to provide the services outlined in the Membership Site Details below, and Membership Site Addendum attached hereto
1. MEMBERSHIP SITE OUTLINE:
a. Client agrees and understands that he/she is purchasing a monthly subscription to The Māmā Glow Collective, offering personal growth and development from a holistic perspective, using a holistic wellness model, providing educational resources, group mentoring calls, and a community of like-minded māmā.
b. Client acknowledges that he/she has read the Membership Site Addendum and conducted any additional research necessary to feel he/she understands what is being provided in The Māmā Glow Collective as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Māmā Glow’s website.
c. The Māmā Glow Collective is not to be considered a substitute for personalised business, medical, or legal advice. The Māmā Glow Collective is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of personalised attention, whether for your health, wellbeing, business or otherwise, please seek additional assistance outside The Māmā Glow Collective.
2. PROMOTIONS AND BONUSES:
a. Māmā Glow may offer promotions, bonuses, or other offers from time to time in connection with The Māmā Glow Collective membership, promoting one or more aspects of The Māmā Glow Collective membership, or offering new or current members additional offers in exchange for upgrading to annual membership, or taking any other action as decided by Māmā Glow. Any promotion which offers new or additional products or services may include additional terms and conditions that must be agreed to prior to becoming eligible for any such promotion or offering. Should Client enter into The Māmā Glow Collective as a new member through any such promotion, bonus, or other offering, such Client will agree to these Terms of Use, as well as any additional terms and conditions associated with the promotion or bonus.
b. Māmā Glow also reserves the right to increase or decrease the price of The Māmā Glow Collective for future launches, and/or edit the deliverables, and that the price for current members may increase in the future, in the sole and absolute discretion of Māmā Glow.
3. CONFIDENTIALITY:
a. Client understands he or she is purchasing a monthly subscription to The Māmā Glow Collective with Māmā Glow. Following Client’s purchase and access to The Māmā Glow Collective, Client will have gained access to various trade secrets and personal intellectual property of Māmā Glow, including but not limited to materials such as verbal, written, and video advice, mindset guidance, and/or other information that may become available for use through Client’s participation in The Māmā Glow Collective. Client understands and acknowledges that this information is not to be openly shared with others who have not purchased a membership to The Māmā Glow Collective. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through The Māmā Glow Collective, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business without express written permission of Māmā Glow.
b. Should Client breach this provision and disclose confidential or proprietary information belonging to Māmā Glow or another participating in The Māmā Glow Collective, Client understands additional action may be taken by Māmā Glow up to and including legal action.
4. TESTIMONIALS
a. Māmā Glow may request Client provide a testimonial to be published on Māmā Glow’s website, or on various sales materials for The Māmā Glow Collective or another Program created by Māmā Glow. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Māmā Glow and Client if Client refuses testimonial.
b. If Client accepts and provides Māmā Glow with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Māmā Glow’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming the same, and confirming Māmā Glow’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Māmā Glow an unlimited, irrevocable licence in perpetuity to use, publish, distribute, or repurpose any information provided to Māmā Glow as part of a Testimonial.
c. Client gives Māmā Glow an unlimited, irrevocable licence to repost, share, publish, and otherwise use the text, name, and/or likeness of Client which client voluntarily posts to social media or sends in via email, including but not limited to The Māmā Glow Collective Facebook group, Māmā Glow Facebook Page, Instagram comments, Instagram DMs to Māmā Glow, Ngaire Tuhua or Kiani Tuhua, LinkedIn Dm’s to Māmā Glow or Kiani Tuhua, and Twitter comments. Client understands and agrees any such comments or messages sent or posted by Client may be captured and reposted by Māmā Glow in any capacity it sees fit, including but not limited to sharing in email marketing, reposting to the public on social media, and otherwise sharing the comment with the public in an effort to publicise and market for The Māmā Glow Collective.
5. PAYMENT AND PAYMENT PLANS
a. Client understands the cost of The Māmā Glow Collective is payable monthly, in the amount of twenty-nine N.Z. dollars ($29), or annually, in the amount of two hundred ninety NZD dollars ($290) and charged automatically by month or year, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5). Client understands he/she is responsible for the full payment each month or year, and agrees to pay the sum requested electronically, via Māmā Glow’’s website or a designated third-party payment processor of Māmā Glow’s choosing, in full. If Client has joined The Māmā Glow Collective during a promotional period and has been promised a trial period that is less than the amount outlined above, Client understands that after such trial period, Client will be charged the regular retail cost, for a monthly or annual membership; whichever Client selects.
b. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands Client’s access to The Māmā Glow Collective may be restricted if payment is not made within 1 day of the date it is due. If payment is not made on the date it is due, Māmā Glow will continue to attempt to charge Client via the membership site software; if and when payment goes through, Client will again receive full access to the membership site.If payment is not collected, Client’s access will remain restricted, and Client will carry a balance on her account, showing the month(s) owed. Client must bring her account completely current in order to be granted access. If payment continues to be unsuccessful after sixty (60) days, Client membership shall be revoked and permanently cancelled. Should Client wish to rejoin The Māmā Glow Collective , after this period, she must do so at the current price membership is being offered, which Māmā Glow reserves the right to increase at any time for future launches of The Māmā Glow Collective.
c. Māmā Glow reserves the right to cancel Client’s access to The Māmā Glow Collective should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands she is not entitled to a refund of funds already issued to Māmā Glow for access to The Māmā Glow Collective.
d. PAUSING MEMBERSHIP: Client may elect to “pause” a monthly membership (pausing not available for annual memberships) one (1) time throughout membership, by following these procedures: these procedures:
i. Email support@mamaglow.co with your one-time request to “pause” monthly membership more than two (2) business days prior to Client’s scheduled billing date. If approved, Client will not be charged for the following two (2) consecutive months only. Client may request one (1) additional pause of two (2) months by emailing the above email address again, for a total of four (4) months, before monthly membership will automatically begin again.
ii. If Client cannot make payments following this four (4) month pause, Client must cancel membership to avoid being charged.
iii. If Client fails to request an additional two (2) month pause with two (2) business days’ notice and is charged after the initial 2 month pause, this amount may not be refunded or cancelled. Client must request the pause prior to the billing date in order to receive consideration for a membership pause.
GIFTED MEMBERSHIPS: From time to time, Māmā Glow may offer current clients the opportunity to gift an annual membership to The Māmā Glow Collective. If Client elects to gift a membership, he/she/they understand that agreement to these Terms of Use will apply to their gifted membership as well, regarding payment, refunds, and the terms and conditions outlined in this section 4(e).
i. All gifted memberships will be sold as final sale, with no refunds available once purchase has been completed.
ii. Client may only gift an annual membership; monthly memberships will not be available to gift.
iii. Client MUST gift the membership within six (6) months of the date of purchase, or he/she/they will lose the gifted membership, and will not receive a refund.
iv. Client will not be automatically billed or charged for the gifted membership, only his/her/their own membership.
RECIPIENTS OF GIFTED MEMBERSHIPS: If you as the client are the recipient of a gifted membership to The Māmā Glow Collective, you understand and agree to these Terms of Use in full, and specifically the foregoing:
i. Client will have six (6) months from the date of receipt to activate and begin using your membership to The Māmā Glow Collective, or it will be deactivated, and no longer available for use.
ii. Client will receive notification via email of their gifted membership, and must create an account in order to activate a membership into The Māmā Glow Collective, which includes providing Māmā Glow with a credit card to keep on file for future automatic billing.
iii. Following the term of the gifted membership, Client’s card will be charged the current annual membership rate. If Client wishes to cancel the membership or update his/her/their membership to monthly, Client may do so by contacting Māmā Glow at support@mamaglow.co and follow the cancelation instructions below
iv. By creating an account and using The Māmā Glow Collective membership, you as the Client confirm you have read and agree to these Terms of Use in full. By continuing to use The Māmā Glow Collective, you continue to agree to these Terms of Use in their most updated form.
6. AUTO-RENEWAL AGREEMENT
a. Client understands and agrees that continued access to The Māmā Glow Collective requires recurring monthly or recurring annual payments that will be made by Client on the day of the month or year on which they signed up. (For example, if Client joins The Māmā Glow Collective on the 5th of the month via monthly membership, they will continue to be charged on the 5th of every month thereafter.)
b. If Client elects to be charged monthly: by purchasing access to The Māmā Glow Collective, and agreeing to these Terms of Use, Client understands he/she will be automatically charged each month via the same card or manner in which the initial payment was made, for the following month of membership to The Māmā Glow Collective. This process will repeat each month unless and until Client properly cancels his or her membership. If Client elects to be charged annually: by purchasing access to The Māmā Glow Collective, and agreeing to these Terms of Use, Client understands he/she will be automatically charged each year via the same card or manner in which the initial payment was made, for the following year of membership to The Māmā Glow Collective. This process will repeat each year unless and until Client properly cancels his or her membership
c. CANCELATION POLICY: If Client wishes to cancel his or her membership, Client must do so more than 24 hours before the charge is scheduled to withdraw. Any requests for cancellation made less than 24 hours before the automatic renewal is scheduled to charge the Client's card, or made subsequent to the charge, will take effect the following month.
i. HOW TO CANCEL: In order to cancel a membership, Client must send an email to support@mamaglow.co with the subject line MEMBERSHIP CANCELATION, including the Client’s name, email address, and confirmation of request to terminate his or her membership. Client will be notified upon Māmā Glow’s receipt of email, and his or her membership will subsequently be cancelled prior to the following billing period, assuming it is more than 24 hours away.
ii. As outlined above, if Client cancels his or her membership less than 24 hours before the automatic renewal is scheduled to charge Client’s card, Client acknowledges and agrees he or she will be charged for the next month (or year, if billed annually), and the cancellation will take effect following this. Should this occur, Client will have access to The Māmā Glow Collective for the month (or year) in which Client paid, with membership terminating at the end of the last paid month/year.
d. If Client purchased access to The Māmā Glow Collective during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full monthly amount following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period, By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month.
e. BILLING ADDRESS: Client agrees to keep its billing address updated within Client’s Membership account, and understands Māmā Glow will use this address to determine Client’s state of residence and applicable laws that may apply to Client based upon his/her/their state of residence. Any failure by Client to keep such an address updated may impact Māmā Glow’s ability to provide Client with accurate billing updates and notices. Client understands this, and to the fullest extent permitted by law, acknowledges that it will be Client’s responsibility to notify Māmā Glow of any changes to his/her/their billing address, and represents that the billing address listed within Membership shall be the most updated and accurate address for Client, and the state of residency for Client. To the extent Client’s physical residency is different from his/her/their billing address, Client confirms he/she/they will notify Māmā Glow of the same, to ensure Māmā Glow always has Client’s most current address.
7. REFUND POLICY
a. Māmā Glow is not able to offer refunds once Client has purchased access to The Māmā Glow Collective for any reason, including inability to obtain access to the site. If Client is dissatisfied with his or her membership or otherwise unable to view it in its entirety, he or she may reach out to customer service at support@mamaglow.co or may elect to Cancel via the CANCELATION POLICY outlined above in paragraph five (5), and will not be charged for subsequent months (if billed monthly) or years (if billed annually).
b. Client further agrees and understands that changing his/her mind about the The Māmā Glow Collective, failing to follow through or understand the details of the The Māmā Glow Collective, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle Client to a refund.
8. TECHNOLOGY
a. Māmā Glow is not responsible for any specific technology you may need in order to adequately view and utilise The Māmā Glow Collective. Client’s inability to access The Māmā Glow Collective due to a technology issue on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make monthly payments, unless or until Client’s membership is properly cancelled in accordance with the cancelation policy in paragraph five (5).
b. Māmā Glow discourages sharing membership accounts, and encourages every individual to purchase their own Membership Site account. However, if the immediate family, being the spouse, parent, child/ren decide to share an account, only one individual will be granted access to the Facebook group, and emails will be sent to one email address only.
9. VOLUNTARY PARTICIPATION
a. Client understands and agrees that he/she is voluntarily choosing to enrol in The Māmā Glow Collective and is solely responsible for any outcomes or results. While Māmā Glow believes in the services and that The Māmā Glow Collective is able to help many people, Client acknowledges and agrees that Māmā Glow is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in The Māmā Glow Collective and any results therein.
b. Client also understands she/he will have the opportunity to provide Māmā Glow with additional personal information, viewable to all The Māmā Glow Collective members, including but not limited to location, industry, and other information. All information is completely voluntary and optional to complete, and Client does not gain or lose anything in The Māmā Glow Collective for choosing to complete or not complete the additional information. Client understands this information will only be viewable to others inside the The Māmā Glow Collective, and understands that should he/she elect to complete the information, he/she is doing so completely voluntarily, and that The Māmā Glow Collective and Māmā Glow are not responsible for any negative results from such information dissemination.
10. DISCLAIMER /NO GUARANTEES
a. While many of Māmā Glow’s past and current clients have experienced wonderful benefits from the content contained in The Māmā Glow Collective, Māmā Glow cannot guarantee results from any of the content on The Māmā Glow Collective, and cannot make any representations or guarantees regarding individual results. Client will hold Māmā Glow harmless if he or she does not experience the desired results.
b. Client understands that all services provided by The Māmā Glow Collective and Māmā Glow in connection with The Māmā Glow Collective being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase access to The Māmā Glow Collective and work with Māmā Glow on a purely voluntary basis and does not hold Māmā Glow or The Māmā Glow Collective responsible should Client become dissatisfied with any portion of The Māmā Glow Collective.
c. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of The Māmā Glow Collective, as long as Māmā Glow delivers The Māmā Glow Collective as described in the Addendum below.
d. Client also agrees to hold Māmā Glow harmless should any physical, emotional, or financial injury occur as a direct or indirect result of The Māmā Glow Collective. The content provided by Māmā Glow on its website and within The Māmā Glow Collective is comprised of information that has worked for Māmā Glow and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Māmā Glow cannot guarantee results from this The Māmā Glow Collective, and has no expectation of a specific result that he or she holds Māmā Glow responsible for.
e. Earnings Disclaimer: Māmā Glow also does not make any guarantees or assurances regarding a particular financial outcome based on use of The Māmā Glow Collective, nor is Māmā Glow responsible for Client earnings, or any increase or decrease in finances based upon information within The Māmā Glow Collective. Any information or testimonials regarding past or current clients’ participation in programs, or working with Māmā Glow contained on Website or in sales material that contain financial information are individual, and results may vary.
f. Not Medical or Professional Advice: The purpose and goal of The Māmā Glow Collective is to provide the client with monthly education and assistance. The Māmā Glow Collective and content contained within The Māmā Glow Collective is not to be considered personalised business, medical, legal, or financial advice, and nothing within The Māmā Glow Collective is intended to provide or act as a substitute for mental health treatment. Māmā Glow encourages the client to consult the relevant professional needed if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase access to The Māmā Glow Collective will have done any additional research necessary and has concluded that The Māmā Glow Collective offered is right for them.
11. GUEST EXPERT MATERIAL
a. Māmā Glow Collective will include various modules, trainings, bonuses, and other education and information from those other than Māmā Glow Collective, including but not limited to other social media influencers, industry leaders, experts, and professionals. All information, resources, training, education, modules, and other opinions provided by guest experts will be solely their own, based upon their education and experience, and are not necessarily a reflection of the opinions of The Māmā Glow Collective. Client agrees to indemnify and hold The Māmā Glow Collective harmless from any and all claims relating to material or information provided by a guest expert - any issues Client may have with a guest expert must be taken up with the guest expert directly.
12. MĀMĀ GLOW COLLECTIVE “BENEFITS” SECTION
a. Inside The Māmā Glow Collective, Clients have access to a “Māmā Glow Connect” page that includes offerings, deals, and coupon codes for some of Māmā Glow’s favourite brands as well as offers from other members of The Māmā Glow Collective. Client understands that Māmā Glow is not responsible nor liable should Client elect to utilise any products or services within the “Māmā Glow Connect” section of The Māmā Glow Collective, and any such decision to do so is wholly voluntary and outside the scope of The Māmā Glow Collective. The Benefits section is no more than a recommendations list of products and services Māmā Glow likes and/or uses, which may or may not be useful to members of The Māmā Glow Collective.
b. If Māmā Glow has any material relationship with any products, services, or companies (including but not limited to affiliate relationships allowing Māmā Glow to collect a commission for any products or services purchased through these links), such material relationship will be disclosed on or near the link to each Company, identifying it as an “affiliate” link. Those marked with “affiliate link” notations means Māmā Glow is an affiliate of this company, and will receive financial compensation should Client elect to purchase the product or services offered.
13. INTELLECTUAL PROPERTY
a. Client agrees and understands that Māmā Glow has created numerous original, creative works in connection with The Māmā Glow Collective, and agrees that Māmā Glow maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in The Māmā Glow Collective, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Māmā Glow. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business but understands that the original proprietary rights remain with Māmā Glow. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Māmā Glow to Client, nor grant any licence to use the information, other than that which is expressly provided throughout the course of Māmā Glow Collective.
b. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Māmā Glow or obtained through working with Māmā Glow, without Māmā Glow’s express written consent. If such behaviour is discovered or suspected, Māmā Glow reserves the right to immediately end Client’s participation in The Māmā Glow Collective without a refund, as well as access to any The Māmā Glow Collective or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
c. Licensee Rights: Māmā Glow’s Limited License to Client: Client understands that in purchasing The Māmā Glow Collective, she/he is gaining access to view all content and information available as part of The Māmā Glow Collective. Client understands this means he/she will have been granted a limited, revocable, non-transferable licence to use the information provided as instructed or allowed by Māmā Glow. As a “Licensee,” Client understands and agrees that Client will not:
i. Copy, edit, distribute, duplicate or steal any information or any Content obtained through The Māmā Glow Collective without written permission by Māmā Glow;
ii. Post, distribute, copy, steal or otherwise use any portion of the The Māmā Glow Collective or its content, or information obtained via other members in the group The Māmā Glow Collective without written permission by Māmā Glow, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
iii. Claim any content created by Māmā Glow as part of The Māmā Glow Collective or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Māmā Glow was Client’s work, and use in his/her business as his/her own.
vi. Share purchased materials, information, content with others who have not purchased them
v. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement.
14. INDEMNIFICATION
Client agrees at all times to defend, fully indemnify and hold Māmā Glow and any affiliates, agents, team members or other party associated with Māmā Glow harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of The Māmā Glow Collective, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in The Māmā Glow Collective. Should Māmā Glow be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Māmā Glow defence, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Māmā Glow, free of charge.
15. DISPUTE RESOLUTION
a. Should a dispute arise between Māmā Glow and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Māmā Glow responsible for any specific results, or those results which have been achieved by other clients of Māmā Glow.)
16. APPLICABLE LAW
This Agreement shall be governed by and under control of the laws of Aotearoa, New Zealand regardless of conflict of law principles, and regardless of the location of Client. Client understands this and agrees that the laws of Aotearoa, New Zealand are to be applicable here.
17. AMENDMENTS
This agreement may be amended or modified from time to time, as The Māmā Glow Collective membership is updated, laws or regulations change, or as desired by Māmā Glow. Client understands and agrees that he/she will abide by the most recent version of these Terms of Use, and will check back periodically as needed. Should Māmā Glow make any large changes to these Terms of Use, you as the Client will be notified, and given an opportunity to cancel your membership should you refuse to agree to the updated Terms. Otherwise, your continued membership in The Māmā Glow Collective will serve as confirmation of your agreement to the updated terms.
THE MĀMĀ GLOW COLLECTIVE MEMBERSHIP OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing a monthly subscription to The Māmā Glow Collective. While the below is subject to change, at the time of purchase, The Māmā Glow Collective includes access to the following:
1. The Māmā Glow Collective membership, including all content and resources that have been created since inception of the Membership.
2. #Māmā Goals Accountability Sessions are held once a month lasting approximately one hour.
3. Access to an exclusive online community only for Māmā Glow Collective members.
4. Additional resources, guides, and services as created by Māmā Glow.
HI THERE
Welcome to our Terms and Conditions! These boxes aren’t legally binding, you can use them as an aid for understanding the legal language.
Company information:
Māmā Glow
support@mamaglow.co
+64 22 664 7750
CONTACT
hello@mamaglow.co