“Attendee” means a Member of COMMUNITY MEETS with an “attendee”-level Membership;
“COMMUNITY MEETS” means COMMUNITY MEETS PTY LTD A.C.N.148813263;
“Content” includes, without limitation, text, underlying source and object code, photographs, logos, names, designs, personal information, financial information, data, drawings, links, video recordings and audio recordings;
“External Activities” means any contact or communication between Members or users of this Website that occurs other than through Member Accounts, including physical contact and Events;
“Event” means any function or External Activities organised on the Website;
“Intellectual Property Rights” means intellectual property rights as defined or recognised by any laws throughout the world, including copyright, all rights in relation to inventions (including patents), registered and unregistered trade marks, business names, domain names, registered and unregistered designs, circuit layouts, confidential information, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;
“Member” means a person who uses the Website and meets the requisite eligibility criteria, and who becomes a member in accordance with Clause 3.
“Member Account” means any part of this Website accessible by Members only (excluding COMMUNITY MEETS), including Member Profiles, Pages and activities;
“Member Content” means all Content that is uploaded to or shared via the Website by a Member.
“Member Profile” means the personalised parts of this Website accessible by Members only (excluding COMMUNITY MEETS);
“Membership” means all rights granted by COMMUNITY MEETS to a Member to use this Website, including use of a Member Account;
“Organiser” means a Member who has acquired Membership as an Organiser and who can create pages and/or post events.
“Organiser Intellectual Property” means all intellectual property uploaded by you to the Website or otherwise provided by you to COMMUNITY MEETS in the course of your use of the Website.
“Page” means a page on the Website, which an Organiser may create, such as a “Group", "Community” or “Organiser” page.
“Page Administrator” means a member with the authority to manage or moderator a page, and/or create/host an Event.
"Page Owner" means a Member with an Organiser membership who has created a Page.
“Person” means a natural person, corporation or other entity that is recognised as having legal personality under the laws of Australia;
“Third Party Materials” means any Content that is uploaded to or otherwise appears on the Website that is not owned or controlled by COMMUNITY MEETS;
“Third Party Sites” means websites, apps and services that are not operated by COMMUNITY MEETS;
“Website” means www.COMMUNITYMEETS.com and any web pages with the prefix www.COMMUNITY MEETS.com.
3.1.In consideration of COMMUNITY MEETS granting you a Membership Account or otherwise allowing you to access, browse or use the Website, you agree to be legally bound by the following:
(c) the Cookies Policy; and
(d) any other policy published on the Website from time to time.
You also agree to read any instructions, tips or advice that are included in this Website from time to time to assist you to use this Website or any other services offered by COMMUNITY MEETS.
(a) cease using this Website; and
4.1. You acknowledge and agree that you do not have COMMUNITY MEETS’ permission to access this Website or become a Member unless you satisfy the following eligibility criteria:
(a) you are a natural person;
(b) you are over the age of 18 years; and
(c) you have not been convicted of an indictable offence as defined by the laws of Australia or any serious criminal offence under the laws of any other jurisdiction.
4.3. By accessing this Website or becoming a Member you represent and warrant to COMMUNITY MEETS that you satisfy the eligibility criteria set out in this clause.
5. USER AND MEMBER INFORMATION
5.1. By accessing this Website, you agree to provide COMMUNITY MEETS with such information in such manner as COMMUNITY MEETS requests. The information must be accurate, current and complete in all respects. You also acknowledge and agree that COMMUNITY MEETS may prevent or limit your access to this Website if you do not provide COMMUNITY MEETS with the information required by this clause.
5.2. You must immediately notify COMMUNITY MEETS of any information that you supplied to COMMUNITY MEETS that is or becomes incorrect and correct that information accordingly.
5.4.Without limiting clause 5.1 above, you agree to provide COMMUNITY MEETS, upon request, with such proof of identity as COMMUNITY MEETS may require.
6.1. Subject to Clause 3 and Clause 4, you become a Member of this Website when you complete the following:
(a) you sign up for an account on the Website by following the procedure prescribed by this Website; and
6.3. You may upgrade your Membership at any time.
6.4. Your Membership will continue until:
6.5. You acknowledge and agree that only you are permitted to use your Membership and/or Membership Account and no other Person.
6.6. You acknowledge that the functionality associated with any particular grade of Membership may change without notice at any time and COMMUNITY MEETS does not warrant or guarantee that any functionality will be available at any particular time.
7. APPROVAL CRITERIA
7.1. All Pages are subject to approval by COMMUNITY MEETS before they will be created on the Website.
7.2. Events may be randomly selected for review and approval by COMMUNITY MEETS before they will be created on the Website.
7.3. COMMUNITY MEETS may publish or make available from time to time guidance on the criteria it will consider when making a determination whether to approve any Event or Page (“Approval Criteria”).
7.4. COMMUNITY MEETS reserves the right at its sole discretion to refuse to approve any Event or Page and is not required to give any reasons for any such refusal, whether or not the Approval Criteria are met in whole or in part.
8. RESPONSIBILITY FOR COMPLIANCE WITH LAWS
8.1. You acknowledge and agree that you are responsible for complying with all laws and best practices concerning all Events and Pages for which you are the Organiser.
8.2. Whenever you create a Page or an Event, you will be deemed to be the Organiser of that Event and/or Page (as applicable) and clause 8.1 will apply to you, notwithstanding that your Membership may otherwise be that of an Attendee.
8.3. Where you appoint or nominate any other person to administer or carry out functions on your behalf (such as establish or manage an Event or Page), you and that third party are jointly and severally responsible for ensuring that all laws and best practices concerning the exercise of those functions are complied with (and the resulting Events and/or Pages as the case may be) are complied with.
8.4. It is your sole responsibility to determine your suitability to carry out any functions on the Website (including where a third party allows or appoints you to carry out certain functions).
9. COMMUNITY MEETS ADMINISTRATOR ACCESS
9.1. From time to time, COMMUNITY MEETS may provide technical assistance to COMMUNITY MEETS Members at its sole discretion. If you appoint COMMUNITY MEETS Administrator access to your Member Account, you consent to COMMUNITY MEETS engaging in the following on your behalf:
(a) Creating Events and/or Pages (per your instructions, where such instructions are provided); and
(b) Determining, at the reasonable discretion of COMMUNITY MEETS, the Events and/or Pages to be created and Content used; and
(c) Using the Intellectual Property Rights subsisting in your Member Content and Organiser Intellectual Property for the purposes of creating and promoting Events and Pages.
9.2. Whilst proving technical support, COMMUNITY MEETS will remain anonymous at all times and all Content created by COMMUNITY MEETS will appear to have been created by you. Your nominated name and contact details will remain the point of reference.
9.3. As Page Owner and Organiser, you can at your sole discretion, edit, delete and override Content created by COMMUNITY MEETS on your behalf.
9.4. To allow COMMUNITY MEETS to act unencumbered on your behalf pursuant to this clause 8, you hereby grant COMMUNITY MEETS a perpetual, worldwide, royalty-free, sub-licensable and irrevocable licence to reproduce, adapt, publish, communicate to the public and otherwise use the Intellectual Property Rights subsisting in your Organiser Intellectual Property and Member Content, including where such Organiser Intellectual Property is available on Third Party Sites, in order to create and promote your Events and Pages. You acknowledge you have full right and authority to grant the licence in this clause 9.4. Notwithstanding the grant of this licence to COMMUNITY MEETS, you remain solely responsible for the relevant Intellectual Property Rights, as outlined in Clause 15.
9.5. You acknowledge that COMMUNITY MEETS may at any time at its sole discretion cease to provide any technical support. You acknowledge that any Page or Event established or organised by COMMUNITY MEETS remains the responsibility of the relevant Page Owner or Organiser at all times, and it is that Member’s responsibility to grow and maintain interest in the relevant Page or Event.
9.6. You acknowledge that COMMUNITY MEETS will not organise or host any Events or External Activities where you have appointed COMMUNITY MEETS as a Page Administrator.
9.7. As Page Owner and Organiser of all Events administered by COMMUNITY MEETS, you agree to indefinitely indemnify, release and hold harmless COMMUNITY MEETS pursuant to Clause 19, whilst acting on your behalf.
10.1. You acknowledge and agree that COMMUNITY MEETS may terminate your Membership immediately and/or any other services to which you subscribe without notice if:
(a) you do not satisfy any of the eligibility criteria set out in Clause 3;
(c) your Member Account remains unused for a continuous period of six (6) months or more.
10.2. You may terminate your Membership and/or any other COMMUNITY MEETS services to which you subscribe at any time for any reason provided you do so by giving notice to COMMUNITY MEETS or otherwise delete your account:
(a) in writing via mail sent to the official mailing address of COMMUNITY MEETS (as specified on this Website) together with reasonable proof of your identity; or
(b) strictly in accordance with any other procedure set out on this Website.
10.3. Subject to the following, you acknowledge and agree that the termination of your Membership and/or any other services pursuant to this clause will take effect:
(a) upon the expiration of the current term of your Membership and/or services where a fixed term applies to the Membership and/or services; or
(b) otherwise, immediately upon you giving notice to COMMUNITY MEETS.
10.4. Upon the termination of your Membership and/or any other services, for any reason whatsoever, you will immediately forever forfeit any right or interest in any money previously paid to COMMUNITY MEETS in respect of that Membership and/or those services and you will remain liable to pay any unpaid money owing to COMMUNITY MEETS as at the date of termination.
11. FEES AND CHARGES
11.1. You acknowledge and agree that COMMUNITY MEETS may at its sole discretion determine the fees and charges applicable to your Membership, which will apply upon the commencement or any renewal of your Membership. COMMUNITY MEETS does not represent or warrant that Memberships that are initially provided free of charge or at a discount will remain so.
11.2.. You acknowledge and agree that COMMUNITY MEETS may at its sole discretion determine the fees and charges applicable to any services it offers in addition to Memberships, which will apply upon the commencement or any renewal of your subscription to such services. COMMUNITY MEETS does not represent or warrant that any additional services that are initially provided free of charge or at a discount will remain so.
11.3. You acknowledge and agree that all payments owing to COMMUNITY MEETS in respect of this Website, including Memberships, must be made using a credit card issued by a financial institution approved by COMMUNITY MEETS and no other method.
12.2. You agree to read any advice regarding security that is posted on this Website from time to time.
12.3. You agree to keep your login and password/passcode relating to your Membership and Member Account confidential and agree not to disclose them to any Person.
12.4. You agree to immediately notify COMMUNITY MEETS of any unauthorised use of your Membership or Member Account.
12.5. You agree to only use the Member Account for which you have registered.
13. PERMITTED / PROHIBITED USE
13.1. You agree to not use this Website other than for the purpose it is intended, which is engaging in social interaction and attending External Activities.
13.2. You agree to not allow any other Person to use your Member Account.
13.3. You agree to not do anything which may interfere with the enjoyment of this Website by any other Person.
13.4. Without limiting this clause, while using this Website you must not:
(a) defame, abuse, vilify, harass, intimidate, threaten or otherwise offend any other Person;
(b) promote racism, discrimination, hatred, harassment or any kind of harm against any Person or groups of Persons;
(c) promote, or provide information about, illegal activities or conduct;
(d) communicate with any Person under the age of 18 years;
(e) impersonate any Person or create a Member Account for any other Person;
(f) solicit personal or confidential information from any Person, except where consistent with the intended use of this Website;
(g) solicit money or financial information (including bank account and credit card details) from any other Person;
(h) disclose personal or confidential information relating to anyone other than yourself to any other Person;
(i) engage in any commercial or business activities, including promoting, advertising or selling any goods, services or products, except as expressly permitted by COMMUNITY MEETS as part of the terms of your individual Membership;
(j) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
(k) access or attempt to access any Member Account other than your own;
(l) access or attempt to access any restricted part of this Website where you do not satisfy the access conditions or requirements;
(m) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of this Website;
(n) "frame" or "mirror" any part of this Website;
(o) use code or other devices containing any reference to this Website to direct other Persons to any other web page; or
(p) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any part of this Website.
14. PROHIBITED CONTENT
14.1. You agree to only post, upload or otherwise transmit Content on or from this Website which relates to you only and is consistent with the intended purpose of this Website.
14.2. Without limiting the foregoing, you agree not to post, upload or otherwise transmit Content on this Website unless you do so on the appropriate pages or areas of this Website as designated by COMMUNITY MEETS.
14.3. Without limiting the foregoing, you must not post, upload or otherwise transmit the following on or from this Website:
(a) information that is not accurate, current and complete in all respects;
(b) Content that infringes the Intellectual Property Rights of any other Person;
(c) Content that depicts sexual acts of any kind;
(d) Content that depicts violence or harm of any kind;
(e) images, videos or audio of any Person other than yourself without that Person’s consent;
(f) personal information of any Person other than yourself without that Person’s consent;
(g) images, videos or audio of animals;
(h) your Membership details, including your personal information;
(i) viruses, time bombs, trojan horses, cancelbots, worms or other devices which can disable, disrupt or otherwise interfere with the functioning of this Website; or
(j) devices which are able to collect information relating to any Person who uses this Website.
14.4. You acknowledge and agree that COMMUNITY MEETS may monitor your Member Content and your Member Account in particular to ensure compliance with your obligations, but COMMUNITY MEETS is under no obligation to do so.
14.5. You acknowledge and agree that if you do not comply with this clause then COMMUNITY MEETS may:
(a) suspend or disable your Member Account or Page (as the case may be) indefinitely; or
(b) hide your Member Account or Page (as the case may be) from the view of other users (including other members) until you take steps to ensure that it complies with this clause; or
(c) alter your Member Account or Page to remove any content that does not comply with this clause; or
(d) terminate your Member Account.
15. THIRD PARTY SITES, SERVICES AND MATERIALS
15.2. Without limiting Clause 12 or Clause 13, you agree that your Member Account and any Page for which you are Page Owner or Page Administrator must not contain any links to any Third Party Sites which:
(a) contain any Content which is proscribed by Clause 14;. or
(b) are prohibited or banned by this Website.
15.3. You may hyperlink to the Website, provided you do so in a way that is fair and legal and does not damage COMMUNITY MEETS reputation or takes advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement by COMMUNITY MEETS where none exists.
15.4. COMMUNITY MEETS has no control over Third Party Materials or other Content that may be posted or uploaded by Members including, but not limited to, any files attached and sent as part of a Page or Event. COMMUNITY MEETS accepts no responsibility for Third Party Materials or for any loss or damage that may arise from your use of or reliance on them. Your use of or reliance on Third Party Materials will be at your own risk.
16. INTELLECTUAL PROPERTY RIGHTS
16.3. You acknowledge and agree that COMMUNITY MEETS retains all Intellectual Property Rights subsisting in all Content, except for Third Party Materials, appearing on the Website.
17. ADVERTISING AND PRODUCTS
17.1. You acknowledge and agree that:
(a) COMMUNITY MEETS does not make any representations or warranties as to the quality or otherwise of the goods, services or products which are advertised or referred to on this Website and supplied by any Person other than COMMUNITY MEETS;
(b) you purchase such goods, services or products from their suppliers at your own risk; and
(c) COMMUNITY MEETS has no responsibility or liability for any defects in such goods, services or products or for any damage or loss resulting therefrom, howsoever caused including by negligence.
18. EXTERNAL ACTIVITIES
18.1. You acknowledge and agree that:
(a) you participate in any External Activities at your own risk;
(b) another Member may require you to comply with rules as a condition of your attendance at the relevant Event or your participation in the relevant Page (“External Rules”) but COMMUNITY MEETS does not review, approve, condone or enforce any External Rules;
(c) you are responsible for your own health and safety and the safety and protection of your property when attending and preparing to attend any External Activities;
(d) COMMUNITY MEETS cannot control, and does not make any representations or warranties as to, the security, safety, suitability or any other attributes or features of External Activities;
(e) without limiting the foregoing, COMMUNITY MEETS does not make any representations or warranties as to the following:
(i) the type or character of people who will attend External Activities (including age, gender, nationality, religion, race, marital status and sexual preferences);
(ii) the number of people who will attend External Activities;
(iii) the behaviour of people before, during and after External Activities;
(iv) the suitability, qualifications and other attributes of organisers of External Activities (including the involvement of external parties who are not COMMUNITY MEETS Members);
(v) the suitability, qualifications and other attributes of attendees of External Activities; and
(vi) the precautions taken to exclude people who do not have permission to attend External Activities;
(f) COMMUNITY MEETS has no responsibility or liability for any loss or damage that you or any other Person may suffer (whatsoever and howsoever caused) which is caused by, or relates to, your participation in or preparation to participate in External Activities (whether as an Organiser or an Attendee or in any other capacity), and you irrevocably release and hold harmless COMMUNITY MEETS and its employees, directors, shareholders, and representatives from the same.
19. GENERAL DISCLAIMERS AND WAIVERS
19.1. You acknowledge and agree that:
(a) you enter and use this Website at your own risk;
(b) COMMUNITY MEETS has no obligation to ensure that this Website is free from viruses, errors, omissions or other defects and is under no obligation to correct or remove, update or correct any of the foregoing;
(c) COMMUNITY MEETS has no obligation to ensure that access to this Website or your Member Account will be continuous and uninterrupted;
(d) COMMUNITY MEETS does not make any representations or warranties as to the character, suitability, compatibility or otherwise of Members or users of this Website;
(f) without limiting paragraph (e) above, COMMUNITY MEETS is not responsible or liable for any threats, bullying, harassment or abuse committed by any user of this Website or any damage, loss or injury caused by any threats, bullying, harassment or abuse;
20. LIABILITY AND INDEMNITY
20.1. You agree to indefinitely indemnify and hold harmless COMMUNITY MEETS and its employees, directors, shareholders, and representatives against any and all loss, damage, cost or liability it suffers resulting from any complaints, claims, demands or actions made or instituted by you against any Person other than COMMUNITY MEETS in respect of your or their use of this Website or your or their participation or involvement in any External Activities (including preparations to participate in any External Activities).
20.2. You agree to indefinitely indemnify and hold harmless COMMUNITY MEETS and its employees, directors, shareholders, and representatives against any and all loss, damage, cost or liability it suffers resulting from any complaints, claims, demands or actions made or instituted by any Person in respect of your use of this Website or your participation or involvement in any External Activities (including preparations to participate in any External Activities).
20.3. You agree that in any claim or action you institute against COMMUNITY MEETS, other than for a breach of the Australian Consumer Law pursuant to the Competition and Consumer Act 2010 (Cth) or other statute (including the Fair Trading Act 1999 (Vic)), the total liability of COMMUNITY MEETS for any breach of legal obligation (whether an obligation under common law, equity, statute or any other source), including liability to pay your legal costs, cannot exceed the total amount you had paid to COMMUNITY MEETS as at the time the relevant cause of action arose.
20.4. Should Clause 20.3 not be enforceable for any reason, then you agree that in any claim or action you institute against COMMUNITY MEETS, other than for a breach of the Australian Consumer Law pursuant to the Competition and Consumer Act 2010 (Cth) or other statute (including the Fair Trading Act 1999 (Vic)), the total liability of COMMUNITY MEETS for any breach of legal obligation (whether an obligation under common law, equity, statute or any other source), including liability to pay your legal costs, cannot exceed the sum of $AUD250,000.00.
20.5. For any claim or action against COMMUNITY MEETS for a breach of the Australian Consumer Law you agree:
(a) if the services provided by COMMUNITY MEETS are not regarded as services of a kind ordinarily acquired for personal, domestic or household use or consumption then pursuant to section 64A of the Australian Consumer Law COMMUNITY MEETS’ liability is limited to supplying the relevant services again; or
(b) if the services provided by COMMUNITY MEETS are regarded as services of a kind ordinarily acquired for personal, domestic or household use or consumption then COMMUNITY MEETS’ liability will be that determined in accordance with the Australian Consumer Law.
20.6. Subject to the Australian Consumer Law, you acknowledge and agree that you must not commence any claim or action against COMMUNITY MEETS more than six (6) months after the relevant cause of action arose.
20.7. Without limiting any of the foregoing, you hereby release and hold harmless COMMUNITY MEETS from any and all liability for consequential and/or indirect loss howsoever arising.
21. INSURANCE AND LICENCES
21.1. You acknowledge that COMMUNITY MEETS strongly recommends you maintain public liability insurance and any other relevant insurance or licence for any External Activities you create or are otherwise responsible for. The insurance should be on usual terms with an authorised insurer and for an amount reasonably required.
21.2. You acknowledge that COMMUNITY MEETS is not responsible for any aspect of any Event or External Activity and that you are solely responsible for any insurance policies and licences that should be held in respect of any and all Events organised by you.
22. DISPUTE RESOLUTION
22.1. If you have a complaint against COMMUNITY MEETS you acknowledge and agree that:
(a) you must attempt to mediate your complaint in good faith before it is heard by a court or tribunal of law;
(b) the appointment of a mediator must be agreed by you and COMMUNITY MEETS jointly or, failing agreement, must be appointed by the current president of the Law Institute of Victoria Ltd or his or her nominee;
(c) the mediation is confidential and statements (oral or written) relating to the mediation must not be used in any legal proceedings; and
(d) the fees charged by the mediator must be shared equally by you and COMMUNITY MEETS, otherwise you must bear your own costs relating to the mediation.
23. GENERAL PROVISIONS
23.2. You and COMMUNITY MEETS irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts and tribunals of the State of Victoria, Australia and courts hearing appeals from those courts and tribunals in respect of any dispute between you and COMMUNITY MEETS.
23.3. You must not commence any proceeding, claim or any other legal process against COMMUNITY MEETS in any court or tribunal except for the courts and tribunals of the State of Victoria, Australia.
23.10. A reference to legislation includes any amendment of that legislation and any replacement of that legislation.
24. REVISION DATE