Disclaimers
Socializing Newcastle Pty Ltd is an event management company established for adults to meet each other (the "Service") and to enjoy Social activities. This legal agreement is made between You and Us ("Agreement"). This Agreement applies to all of Our sites that are offering the Service. Please read this Agreement carefully before registering to be a member of Socializing Newcastle Pty Ltd. By registering for the Services Socializing Newcastle Pty Ltd provides , You become a member (a "Member"), and You agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a Member. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US, AT ANY TIME, YOU ARE RESPONSIBLE IN MAINTAINING CURRENT KNOWLEDGE OF DISCLAIMER AND TERMS AND CONDITIONS, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEEMENT ON THE SERVICE. In this Agreement the following words have the following meanings unless the context requires otherwise: "Agreement" means the agreement between You and Us incorporating these terms and conditions for the provision of the Service, as amended from time to time in accordance with the terms and conditions set forth herein; We, Us, Our" means the Service; and "You, Your, Yourself" means the person who registers for the Service, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by Us. ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a Member, You represent and warrant that You are at least 18 years old. By using this Web site, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your membership for the Service is for Your sole, personal use. You may not authorize others to use Your membership and You may not assign or otherwise transfer Your account to any other person or entity. REGISTRATION AND SUBSCRIPTION: Although You may register as a Member of the Service for free or by Fee, if You wish to use the service, You must become a Member and pay the fees that are set out. This price list is part of this Agreement And We reserve the right, at any time, to change any fees or charges for using the Service. When and if You register to become a Member, You agree to provide accurate, current and complete information about Yourself as prompted by Our Membership form ("Membership Data"), and to maintain and update Your information to keep it accurate, current and complete. You agree that We may rely on Your Membership Data as accurate, current and complete. You acknowledge that if Your Membership Details is untrue, inaccurate, not current or incomplete in any respect, We reserve the right to terminate this Agreement and Your use of the Service and, in such event, You shall not be entitled to a refund of any unused membership fees. TERM AND TERMINATION: This Agreement will remain in full force and effect while You use or are a Member. You may terminate your membership at any time, for any reason by notifying our office or upon receipt by Us of Your written or email notice of termination. Either You or We may terminate your membership by removing your details from our data file, at any time, for any breaches of our basic codes of behaviour, if you become a like business or similar business or competitive business, if you without consent from us use knowledge gained, trade secrets or intellectual property including policy & procedure, data and knowledge of the conduct of this business, with or without explanation, effective upon sending written or email notice to the other party, your membership is terminated. Upon such termination by Us without cause, We shall refund, pro rata, any unused portion of any membership payments that We have received from You. In the event that (a) You terminate your membership or (b) We determine, in our sole discretion, that You have violated this Agreement. You shall not be entitled to nor shall We be liable to You for any refund of any unused portion of any membership payments that We have received from You, and We may continue to bar Your use of the Service in the future. Even after membership is terminated, this Agreement will remain in effect. YOUR USE OF THE SERVICE: As a Member, You agree that: You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in Your profile any telephone numbers, street addresses, last names, URL's or email addresses, other than where You are specifically asked for such information in the Personal Information section of the Service. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other members. You are solely responsible for Your interactions with other members or guests. We reserve the right, but have no obligation, to monitor and/or mediate disputes between You and other members. (a)You will not impersonate any person or entity. (e) You will not conspire to or create your own business or seek employment in competition to our business, without understanding that resignation of membership or termination will apply immediately.Legal action will result in any use without consent of our Intellectual Property, Trade Secrets, Knowledge or copying of systems or publications. Our Basic GuidelinesDress codes for events (SC) Smart Casual, (T) Theme, (AF) After Five, (F) Formal. Leave your past behind and concentrate on having a good time. Common curtesy and appropriate behaviours must be adhered to at all times. Responsibility of Alcohol and Service must be adhered to - no intoxication. We appreciate your punctuality, & courtesy call if you can not commit to a Booked event due to unforeseen circumstances. If there are any grievances with members or guests, you must raise the issue with management in writing and allow an appropriate mediation process as deemed fit by management at the time. All member details are private & confidential, and can only be released to you personally by the member themselves. Bookings can only be made by the individual member in which the required deposit is paid within 3 days of the booking and final payment 1 week prior to the event. Please confirm your booking 24 hours prior to event. From time to time events may be cancelled or rescheduled at Our Descretion given current circumstances effecting that event. You will need to advise head office if your require a refund, stay in credit or are happy to reschedule. Get the most from your membership, step outside the square, dabble with a variety of events because you have a lot of living to do and experiences to be had! INDEMNITY BY MEMBER: You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and third parties harmless, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of the Service, including: (I) Your breach of this Agreement; (II) any allegation that any materials that You submit to Us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (III) Your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. INTELLECTUAL PROPERTY. All intellectual property rights in and to the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, web design, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, intellectual systems & property, service marks, trade secrets, company or product names set forth in Service are the property of the respective owner/s. PRIVACY: The personal information (including sensitive personal information) You provide to Us will be stored on computers. You also agree to read, review, comply with, uphold and maintain Our Terms and Conditions thereof. If you pose for a photo at our events, you are consenting to your image being taken. We reserve the right to the photo which maybe used in our photo gallery on our website. DISCLAIMERS: WE PROVIDE THE SERVICE ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. Although each member must agree to Our terms and conditions, We cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. It also is remotely possible for others to obtain personal information about You due to Your use of the Service and only given out by you we are not responsible for the use of any personal information that You disclose during event activities. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP. DISPUTE RESOLUTION: Please advise head office of your complaint. Appropriate action or mediation will be sort if deemed necessary. |
