Introduction

These Terms govern the Membership and, upon acceptance, form a valid and binding contract between the Member and Smooth AI limited trading as The Digital Accountants Club. These Terms must be read in conjunction with the Privacy Policy.

1. Definitions

• "Community" means the community and association of Members created by Smooth AI limited trading as The Digital Accountants Club. through various digital and social media platforms, including the Platform.
• "Community Guidelines" means the rules and regulations related to the conduct that governs Membership and Member's participation within the community at all times.
• "Company" means Smooth AI limited trading as The Digital Accountants Club, a company incorporated under the laws of England and Wales, with the email address [email protected].
• "Member" means any individual who purchases Membership and is provided access to the Platform.
• "Membership" means membership access to the Platform provided by Smooth AI Ltd, which includes the opportunity to be part of our community.
• "Platform" means the Company's online website with the URL (www.digitalaccountantsclub.com) and the official Facebook account, which is managed and handled entirely by us. This includes access to all webinars, blogs, events, and sessions organized by us.
• "Privacy Policy" means the privacy policy pertaining to the Platform, which is compliant with GDPR.
• "Reserve List" means the list of potential members who have applied to be Members.
• "Terms" means these Membership Terms, which are agreed by and binding on the Member and the Company as a contract.
• "Us/We/Our" refers to Smooth AI limited trading as The Digital Accountants Club and its affiliates, subsidiaries, and related entities.
• "You" refers to you as a Member of the Community.

2. Application

2.1 Membership will be via application, the award of which shall be at the sole discretion of the Company.

2.2 Any and all other costs associated with your application shall be borne by you.

2.3 Applications for Membership are open approximately six (6) times a year and a limited number of applications are accepted each time as the Company may deem appropriate. If your application is not accepted, you shall automatically be added back to the Reserve List for possible onboarding in the next application review.

2.4 You will be notified by email once you are accepted as a member. Membership starts on the day payment is made and entitles the member to access for one month, once your application is accepted by us. To continue as a Member, you need to bring all necessary payments up to date on the Platform.

2.5 We reserve the right to reject any application without notice or reason.

3. Membership

Membership grants members access to AI introduction and training to leverage its power, including a monthly recorded webinar, a live quarterly webinar on data protection and governance, monthly podcasts, and access to a private community. Additionally, templates for "data protection policy" and "AI usage policy" are provided as guides without liability on the Company's part for their use.

 

4. Data Protection and Privacy

4.1 All information submitted by you or collected by us during your use of the Platform will be processed and stored in accordance with our Privacy Policy, which adheres to the General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018. Our Privacy Policy details the types of personal data we collect, the purposes for its processing, and the lawful basis for its processing, ensuring transparency and compliance with applicable data protection laws. We commit to safeguarding the privacy and security of your personal data and uphold your rights as outlined under GDPR

4.2 All information submitted by you will be processed, stored, and retained in accordance with the Platform's Privacy Policy. In very rare circumstances where decreed by law, we may be compelled to disclose information submitted to us. Exceptions to confidentiality relate to circumstances such as intent to seriously harm someone, child abuse, thoughts of suicide, terrorism, etc.

4.3 Any information which is readily available in the public domain or becomes available in the public domain is exempt from the confidentiality restrictions in this clause.

5. Membership Fees

5.1 Members shall pay the applicable membership fees. Membership fees may be reviewed and modified by the Company from time to time.

5.2 The Membership fees shall be payable in full prior to the activation of Membership under clause 2.4. A discounted annual fee shall apply if members select option (i).

5.3 Membership fees shall be paid by credit or debit card via a payment gateway. All associated bank charges, foreign exchange fees, and risks shall be borne by the Member, and the Member shall ensure that we receive the Membership fees in cleared funds.

5.4 Membership fees are exclusive of taxes (present or future), duties, charges, or assessments, which will be applicable over and above the published Membership fees and are payable by the Member as required by applicable laws.

5.5 In case payment for renewal of the Membership is not received in a timely manner, the Member's access to the Platform shall be suspended until payment is received. In case of non-payment within Seven (7) days from the date of Membership renewal, the Member acknowledges that Membership shall be immediately terminated.

5.6 Membership Fees are non-refundable and non-adjustable under all circumstances, except as required by applicable law.

 

6. Warranties

6.1 For the membership period, each Member warrants to the Company that:

(i) It shall fulfil and comply with these Terms and shall not act in a manner that circumvents or adversely affects the Company;

(ii) It shall comply with the Community guidelines at all times;

(iii) It shall pay the membership fees in a timely manner;

(iv) It shall not transfer or assign its Membership to any third party without the Company's prior written consent;

(v) It shall keep its username and password safe and secure, and if it anticipates or experiences any unauthorized use of its password or any breach of security, it shall immediately notify the Company in writing;

(vi) It shall utilize the Platform in strict accordance with the license granted by the Company;

(vii) It shall not infringe on any third-party rights;

(viii) All information provided to the Company is true, accurate, updated, and complete at all times.

6.2 The Member is fully responsible for periodically reviewing the Platform's Terms of Use Privacy Policy that governs its use of the Platform. The Company shall not provide the Member with any notice prior to or following the amendment of the Platform's Terms of Use Privacy Policy.

 

7. Confidentiality and Data Protection

 

7.1 Members commit to maintaining the confidentiality of information shared within the community, including personal data, business strategies, and proprietary content. Disclosure of such information without the Company's prior written consent is prohibited, except as mandated by law or necessary for the performance of Membership obligations.

7.2 The Company pledges to protect Members' personal data in line with GDPR and the UK Data Protection Act 2018. Our processing activities are transparently detailed in our Privacy Policy, accessible on the Platform. This includes information on data sharing with third-party processors, which are contractually bound to comply with our data protection standards.

7.3 You have the right to access, rectify, erase, and restrict the processing of your personal data, among other rights under GDPR. For inquiries or to exercise your rights, please contact us at [email protected]

7.4 In the event of a personal data breach, we will promptly evaluate the risk to your rights and freedoms and act in accordance with GDPR requirements, including notifying affected Members and relevant authorities where necessary.

7.4 In the event of a data breach affecting personal data, the Company will promptly assess the risk to Members' rights and freedoms and, if appropriate, report this breach to the relevant supervisory authority and to the affected Members without undue delay.

7.5 The Company may use third-party processors to handle Member data. These processors are bound by contract to handle data in accordance with the Company's data protection and security standards, GDPR, and any relevant data protection laws.

7.6 The Company shall, both at the time of determining the means for processing and at the time of the processing itself, implement appropriate technical and organizational measures, such as pseudonymization, designed to implement data-protection principles, such as data minimization, in an effective manner.

 

8. End of the Membership Period

8.1 The Membership shall automatically terminate when the Membership period has expired and where the Member has not renewed Membership.

8.2 We may, at our sole discretion, immediately terminate your Membership for non-payment of membership fees if the fees remain unpaid for a period of Seven (7) days from its due date.

8.3 We reserve the right to unilaterally terminate your Membership without refund in the following instances:

(i) intentional or negligent performance of an act (directly or indirectly) that may materially harm the interests of the Company or Community,

(ii) a Member acts in a way that is in severe contradiction with the Company's policies or ethos, or Community Guidelines,

(iii) a Member breaches applicable laws,

(iv) a Member materially breaches these Terms.

8.4 A Member may terminate its Membership by providing thirty (30) days prior written notice to the Company.

8.5 Neither Party shall be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes, or any other cause which is beyond the reasonable control of such. The affected Party shall immediately notify the other Party, as soon as practical, of the event, the impact on its contractual obligations, and its likely mitigating actions. The affected Party shall inform the other Party in writing upon cessation of such events. Payments of Membership Fees shall be excluded from this clause.

8.6 Provided always the Parties understand that the Platform does not provide an option for voluntary suspension or freezing of Membership nor does the Platform offer refunds for any reason.

9. Effects of Termination

9.1 Membership Fees shall be collected and paid up until the last day of the notified period of Membership. The Company shall not reimburse or refund any paid Membership fees under any circumstances. The Member waives all claims against the Company in this respect.

9.2 Upon termination, Member's access to the Platform shall be automatically suspended. The license granted to the Member by the Company under these Terms shall be immediately revoked, and all other rights under these Terms shall immediately cease.

9.3 Termination or expiry of these Terms, however arising, shall not affect any of the Parties rights and remedies that have accrued as at termination or expiry, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination or expiry.

10. Indemnity

10.1You agree to indemnify us against any losses, damages, or costs arising from your violation of these Terms, misuse of the Platform, or infringement of any third-party rights. This indemnity does not affect your statutory rights as a consumer.

10.2 We shall not be liable for any loss, damage, or injury suffered or sustained as a result of your Membership.

10.3 In no event are we be liable to Members of the Community for damages for lost sales or profits, regardless of whether you have been advised of the possibility of such damages.

10.4 The limitations above apply to all causes of action in the aggregate, whether in contract, tort (including negligence), or any other legal theory (including strict liability). Under no circumstances shall we be liable to members of the community for any losses incurred attributable to any electronic data transfers.

11. Limitation of Liability and Disclaimer

11.1 We do not provide any guarantees or warranties relating to any aspect of the Membership services, which are provided strictly on an "as is" basis. The Company shall not be liable to the Member for any economic loss, whether direct or indirect, any special, indirect, incidental, consequential, or punitive damages of any nature or kind whatsoever, in connection with or arising out of these Terms or a Member's Membership.

11.2 We accept no liability for the behaviour of any of its Members and/or third parties or for content or statements forwarded by or between Members in the context of Membership.

11.3 We accept no liability for misuse of Member accounts by third parties, and you are responsible to promptly and immediately inform us of any security breach to your account. The Member shall be liable for all action taken by third parties using a Member's access details.

11.4 You understand and agree the community can be accessed through select social media portals as determined by us (e.g., Facebook and Kajabi), and you are therefore responsible for using your own social media accounts to access these social media portals. We cannot be held responsible if your social media accounts are ceased, closed, or terminated for any reason.

11.5 We shall not be liable hereunder by reason of any failure or delay in the performance of our obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, or any other cause which is beyond our reasonable control ("Force Majeure").

 

11.6 We shall not be liable for any loss, damage, or injury suffered or sustained as a result of accepting and/or using any Membership or being part of the community. In no event shall we be liable to Members of the Community for damages for lost sales or profits, regardless of whether you have been advised of the possibility of such damages. The limitations above apply to all causes of action in the aggregate, whether in contract, tort (including negligence), or any other legal theory (including strict liability). Under no circumstances shall we be liable to members of the community for any losses incurred attributable to any electronic data transfers.

12. Complaints Policy

Complaints shall be sent to us via email at [email protected], and we will respond to you. We shall use our best efforts to resolve your issue by conducting a reasonable investigation and may initiate mediation as we deem fit; however, we are not obligated to mediate between Members.

13. Governing Law and Jurisdiction

13.1 These Terms and any dispute or claim arising out of, or in connection with them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

13.2 Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of England and Wales, which shall have exclusive jurisdiction.

14. Changes to the Terms

We have the right to revise and amend these Terms without prior notice or consent, to reflect changes affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in the Platform's capabilities. We urge you to read these Terms thoroughly before registering for Membership. The most recent updated version of the Terms shall be uploaded on the Platform at all times.