MEMBERSHIP & SUBSCRIPTION
“Content” includes any information, images, sounds or text that you may post or transmit to, or via our website. ‘Experience’ means any experience, meeting, event, date or other arrangement accessed or arranged through or via our website or using our Services. ‘Member’ and ‘you’ means any user that signs up, uses our services and provides their profile information via website. “Services” means the ability to post profiles, communicate, contact and meet other Members via the website.“We”, “us” means chatterandco.com.au [Chatter & Co.]
Pty Ltd (ABN 16 280 432 896) and including all directors, employees and contractors.
- You must be at least 18 years old to become a member of chatterandco.com.au (“Member”)
- When registering as a Member of chatterandco.com.au, you must provide us with accurate, complete and up-to-date information as requested.
In these terms, “the website” “we” “our” and “us” all refer to chatterandco.com.au.
- cease using the website; and
- terminate your membership
Membership of chatterandco.com.au is subject to the following terms and conditions:
- You acknowledge that you use chatterandco.com.au at your own risk.
- You warrant that information you provide is true, correct, up-to-date and accurate personal information and details. It is your responsibility to inform us of any changes to that information, and you may do this at any time by updating your details on chatterandco.com.au;
- You will not share your password or login details with any other person;
- You will not post on or send via chatterandco.com.au any Content that we may deem to:
be defamatory, abusive or hateful, intimidating, or misleading;
constitute junk mail or bullying;
infringe a third parties’ rights; or
breach any other laws;
You are solely responsible for all Content you post on or send via chatterandco.com.au or otherwise to any Member, user, visitor or third party;
- You acknowledge that by uploading Content to our Website, you grant us a worldwide nonexclusive, sub-licensable, royalty-free licence to:
-use, reproduce, distribute, display, publish and adapt any part or all of the Content;
-publicly promote, endorse or market the Content in any way whatsoever; and
-perform or carry out any actions associated with achieving any of the above.
Limitation of Liability
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Services, our website or any Experience you may attend by booking through or arranging using our Services.
You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with chatterandco.com.au or any other members’ use of or conduct in connection with chatterandco.com.au, in any circumstance.
You acknowledge and agree that we are facilitator only and are not in any way responsible for the conduct of any third party provider involved in the delivery of services or products in response to your request for Services. In particular, we are not affiliated with or responsible for any venue, event organizer, Experience location or activity that may occur at, on or during any Experience or premises.
Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom, or statute are expressly excluded by these Terms.
This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on any Services. While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any of the Services for any particular purpose and provide it for your informational purposes and out of our own analysis. Any reliance you place on such information is therefore strictly at your own risk.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
You further warrant:
- You shall not impersonate another person, use a false name or name you are not legally authorised to use, create a false identity, or otherwise attempt to mislead other as to the identity or origin of any correspondence or communications relating to your use of our Services;
- Your profile truthfully describes you and is not inappropriate, sexually explicit or otherwise illegal or offensive;
- You shall not knowingly provide inaccurate, misleading or false information to any other Member or user of our website;
- Your will not post Content that contains viruses, codes, files or programs that are designed to or may interrupt, damage, limit or destroy the functionality of our or other computer software or hardware;
- You will not use our Services either directly or indirectly for any illegal, inappropriate or other purpose which is not in good faith; and
- You indemnify us and will take over and manage any claim by any Member or third party against us which arises as a direct or indirect of your actions or use of our Services.
MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period.
You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
Members attend any Experience which they may find and book or arrange via this website and using our Services entirely at their own risk and discretion. The website assumes no control or supervision over any gathering organized, attended or booked via the website and therefore you agree that you will have no legal claim or right of action against us for the consequences of any action or omission or any other event occurring at such meet up or gathering and we are not liable for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation. In particular, we are not responsible for the venue, any actions or inaction of any third party associated with the venue, any food or alcohol consumed, any loss or damage that occurs whether direct, indirect, consequential or incidental related to any Experience.
We do not guarantee any business; friendship or other relationship will be successful. This is purely a Service we provide to facilitate friendships and networking amongst other women. We are in no way involved in any individual Experience, meeting, relationship or otherwise and at no time do we pass on any contact details or personal data of any Member.
To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the Experience.
If we have reasonable grounds to suspect the information you provide in your profile or via our app is untrue, inaccurate or incomplete, or that you have breached any Terms, or for any other reason including if, in our opinion, you are not using our Services or our website in good faith, at our sole discretion we have the right to immediately withdraw your access of our website, use of the Services and terminate your account. We may also deny the use of our Services to you in the future.
We may also cancel your Membership and terminate your use and access to the website if we receive complaints that you are misusing, abusing or otherwise violating these Terms or general good faith use of our Services.
Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. 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 with such termination or suspension. We are also not required to refund any membership fees for any termination due to breach of our Terms.
These Terms are governed by the laws of Queensland which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Queensland for determining any dispute concerning these Terms.
Credit card transactions
By providing your credit card details, you authorise regular debits for your membership payments where you have indicated this membership plan, unless you notify us otherwise. We do not process any payments on the website or store credit card information on the website. For all transactions on our site we use a third-party payment processor with secure payment technology. We do not, at any time, hold or store any credit card information or data on our website.
You are solely responsible for the cancelling your membership. An email request to cancel is not considered cancellation. You can cancel your account at anytime by clicking on the ‘cancel account’ button within your profile. If you cancel your subscription, the cancellation will become effective immediately. Please note you must cancel your subscription 1 business day before it renews for a subsequent month in order to avoid being charged for the next month’s subscription fee.
Refunds will not be provided for any subscription under any circumstances. We do not give credit, refunds or prorated billing for memberships that are cancelled mid month.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to chatterandco.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and chatterandco.com.au’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that chatterandco.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), chatterandco.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of chatterandco.com.au.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
LINKS TO OTHER WEBSITES
Chatterandco.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between chatterandco.com.au and the owners of those websites. Chatterandco.com.au takes no responsibility for any of the content found on the linked websites.
Chatterandco.com.au website may contain information or advertisements provided by third parties for which chatterandco.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, chatterandco.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Chatterandco.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of chatterandco.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
At chatterandco.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. chatterandco.com.au respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Chatterandco.com.au secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data chatterandco.com.au collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
Chatterandco.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
Chatterandco.com.au may be required, in certain circumstances, to disclose information in good faith and where chatterandco.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of chatterandco.com.au. Chatterandco.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then chatterandco.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Chatterandco.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Chatterandco.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and chatterandco.com.au concerning your use and access to chatterandco.com.au website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions
This agreement and this website are subject to the laws of Queensland and Australia. If there is a dispute between you and chatterandco.com.au that results in litigation then you must submit to the jurisdiction of the courts of Queensland.