1.1 These Terms govern your use of our website located at www.socialmingles.com.au (the Site) and form a binding contractual agreement between you, the User of the Site and us, Social Mingles ABN 49 724 438 325 (Social Mingles). For that reason, these Terms are important and you should read them carefully and contact us with any questions before you use the Site. 1.2 By viewing or browsing the Site, you acknowledge that you have had sufficient chance to read and understand these Terms, and that you agree to be bound by them. 1.3 If you do not agree to these Terms, you may not access or otherwise use the Site.
In these Terms: Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by Social Minglesto you; Intellectual Property means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application; Site means www.socialmingles.com.au; Terms means these Terms and the documents referred to in it; Us, We, Our meansSocial Mingles ABN 49 724 438 325; User, You means you, the person who gains access to the Site as a casual website browser; and User Generated Content means any and all data, text, software, images, audio or video material posted by Users, in any medium produced and provided to the Site by a User.
- ACCESSING THE SITE
3.1 You acknowledge and agree that although we will use all reasonable efforts to ensure that the Site is available, temporary interruptions of the Site may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes. 3.2 All content and services provided on or through this Site are provided “AS IS” and “AS AVAILABLE” for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this Site is solely at your risk. 4.1 We reserve the right to withdraw or amend the Content we provide on the Site without notice. We may restrict access to some parts of or the entire Site, from time to time.
- REGISTRATION INFORMATION AND PASSWORDS
5.1 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Site, whether for breach of contract, tortious behaviour, negligence or any other cause of action. 5.2 We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or Content contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Content contained on the Site or that the operation of our Site will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Site. 5.3 Any Content posted on the Site are provided as general information only to assist Users in conducting their own research and due diligence but are not meant to replace professional advice from qualified professionals. Social Mingles strongly advises Users to seek professional advice prior to implementing any general information communicated through any Content on the Site. 5.4 Users acknowledge and agree that the Site and Services are directed solely at Australian residents. Social Mingles makes no representations that the Site and Services are appropriate or available for use outside Australia. Users must comply with all applicable laws and regulations of the country from which they are browsing the Site and Services. Please be advised that some functionality of the Site and Services may not be available overseas due to local law. Social Mingles will not be liable for any breach by you of any laws.
- THIRD PARTY WEBSITES
6.1 The Site may link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. These websites are not under our control and are not maintained by Social Mingles. We are not responsible for the content of those sites. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. 6.2 We make no representation about any other website you access through this one. Please understand other websites are independent from our sites so we do not accept responsibility for such websites.
- INTELLECTUAL PROPERTY
7.1 Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you. 7.2 We own and retain all proprietary rights to the Site and Content and all associated Intellectual Property rights. You are permitted to use the Site only as authorised by us. As a User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site to create, display, use, play, and download Content subject to these Terms. 7.3 Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute. 7.4 You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
- USER GENERATED CONTENT
8.1 You must not add any User Generated Content to the Site: (a) unless you hold all necessary rights, licences and consents to do so; (b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation; (c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (d) that is unsolicited, undisclosed or unauthorized advertising; (e) that are software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) that would bring us, or the Site, into disrepute; or (g) that infringes the Intellectual Property or other rights of any person. 8.2 You agree to keep all records necessary to establish that your User Generated Content does not violate any of the requirements under clause 8.1 and make such records available upon our reasonable request. 8.3 You retain ownership of your Intellectual Property and proprietary rights in any User Generated Content. These Terms does not prevent you front granting non-exclusive rights to use your User Generated Content to others. 8.4 You also grant to Social Mingles, its successors and affiliates, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Generated Content and your name, voice, or likeness hereafter developed, for use in connection with the Site and Services, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats through any media channels. 8.5 You also grant each User a non-exclusive licence to access your User Generated Content through the Site, and to use, reproduce, distribute, display, and perform such User Generated Content, only to the extent permitted through the normal functionality of the Site and subject to all confidentiality and other provisions of these Terms. 8.6 The above licences under clause 8.4 and 8.5 granted by Users will terminate within a commercially reasonable time after the User removes or deletes the User Generated Content from the Site, except that the User grants Social Mingles, its successors and affiliates, the irrevocable and perpetual licence to retain and use, but not publicly display, distribute, or perform, server, or archival copies of all User Generated Content that you have removed or deleted to the extent permitted by applicable law. 8.7 We are under no obligation to regularly monitor the accuracy or reliability of User Generated Content appearing on the Site. We reserve the right to modify or remove any User Generated Content at any time. 8.8 You hereby grant Social Mingles a royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all Intellectual Property rights without limitation with respect to User Generated Content worldwide or to incorporate User Generated Content in other works in any media now known or later developed for the full term of rights that may exist in User Generated Content. 8.9 Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of Social Mingles.
- LIMITATION OF LIABILITY AND INDEMNITY
9.1 You agree that we shall not be liable for any damages suffered as a result of using the Site, copying, distributing, or downloading Content from the Site. 9.2 In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage. 9.3 We do not endorse any third party content appearing on the Site, and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any User. It is your sole responsibility to ensure the accuracy of the data inputted. 9.4 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site. 9.5 Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us. 9.6 As a condition of your access to and use of the Site, you agree to indemnify Social Mingles and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to: (a) your access to and use of the Site; or (b) your breach of these Terms and any applicable law or the rights of another person or party. This indemnification section survives the expiration of your registration or expiry of your use of the Site, and applies to claims arising both before and after the registration or expiry ends.
10.1 You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Site, and/or your registration, or suspend or block your access to the Site. 10.2 We may terminate or suspend your access to the Site if there is a failing to make any required payments or fees. If you subsequently want your account to be reinstated, you must pay all monies due and owing to us including any applicable costs or charges. You may then have to open a new account as all your data may have been deleted, archived, or lost. 10.3 We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. 10.4 If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
11.1 By using the Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. 11.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing. 11.3 Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that: (a) For letters, the letter was properly addressed, stamped and placed in the post; and (b) For emails, the email was sent to the specified email address.
- NO WAIVER
12.1 If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations. 12.2 If we waive a default, it does not constitute a waiver of any subsequent defaults. 12.3 No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per clause 11.
- FORCE MAJEURE
13.1 We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to: (a) Acts of god; (b) Natural disasters; (c) Sabotage; (d) Accident; (e) Riot; (f) Shortage of supplies, equipment, and materials; (g) Strikes and lockouts; (h) Civil unrest; (i) Computer hacking; or (j) Malicious damage.
14.1 If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
- ENTIRE AGREEMENT
15.1 These Terms, and the documents expressly referred to in them, constitute the entire agreement between you and Social Mingles, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Site. 15.2 We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
- GOVERNING LAW AND JURISDICTION
16.1 These Terms is governed by the laws of the State of Queensland, Australia and each party submits to the jurisdiction of the courts of the State of Queensland Australia.
- UPDATES TO THESE TERMS
17.1 We reserve the right, in our discretion, to correct any errors or omissions in any part of the Site. We may restrict access to parts or the entire Site at any time, including, but not limited to, Content, certain features and Site, hours of availability, and equipment needed for access or use, without notice or liability. 17.2 Any material on the Site may be out of date at any given time and we are under no obligation to update such material. 17.3 We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise. 17.4 It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Site. Your continued use of the Site will be deemed as your acceptance thereof. 17.5 We may assign or sublicense any of our rights or obligations under these Terms at any time, without obtaining your consent. Last updated on: Tuesday 7th October 2014