Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to Social Planet.

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer (“Terms”), govern our relationship with you.

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 of these Terms.

OUR PURPOSE

The purpose of our website is to provide an online platform to help community groups (“Groups”) hire various Venues. They can then promote and manage activities and events to Members. We encourage activities and events that promote and support Members health and social inclusion needs, and in particular we encourage activities for people with disabilities and seniors. Members can then book and pay for the various activities and events through our website.

YOUR OBLIGATIONS

All Users of our website:

must be 18 years of age or older;
must not have any criminal conviction, be of sound mind; and
must not:
1. up-load, post or transmit any viruses, malware, trojans, worms or any other forms of malicious computer script to our website;
2. use any robot, spider, scraper or other automated means to perform searches on our website; or
3. copy, disassemble, decompile or reverse engineer the Services.

If you are a Group using our website, you agree and warrant the following:

you are a properly registered community group and comply with all applicable laws for your state or territory, and country;
your activities will be in accordance with our website purposes;
you and your Members are fully responsible for your and their own safety, and you will not knowingly, negligently or otherwise take any action which may put yourselves or your Members in danger when participating in activities or by any events promoted on our website;
you will take out and maintain adequate insurances for your business;
you will perform National Police Checks and Working with Children Checks on your staff, have appropriately trained staff to meet the support needs of your Members;
you will maintain Occupational Health and Safety policies and procedures to safeguard and protect the welfare of your Members;
your activities or events must not promote any illegal or inappropriate activities including but not limited to pornography, prostitution, sexual or adult interests;
your activities or events must not support or promote gambling, alcohol or the use of recreational or illegal drugs;
your activities or events must not promote racist, hateful or threatening behaviour;
your activities or events must not contravene applicable anti-discrimination and/or equal opportunity legislation as amended from time to time, including anti-discrimination legislation relating to age, disability, sex or sexual orientation, race, religion or ethnicity;
you must not send unsolicited, irrelevant or repetitive messages from our online platform, and you must comply with the requirements of the SPAM Act 2003;
you must comply with the Australian Privacy Principles with regard to collecting the personal information of your Members;
you will at all times comply with the Schedule 2 of the Consumer and Competition Act 2010 (Cth), Australian Consumer Law (“ACL”) requirements including, but not limited to, the re-supply or refund of any goods or services you supply which do not meet ACL requirements; and
you will ensure you adhere to good practice service standards for the supply of goods and services to Members in a timely and responsive manner.

SUBSCRIPTION

To set up a subscription with us, you must create an account. You agree to provide, correct, current and complete information about yourself and on behalf of the Group you may represent, and to keep such information up to date.

You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.

On using or purchasing a subscription from us you are granted a non-exclusive, non-transferable licence for the Term to use our Services.

CONTENT

If you are a Group posting Content, you agree that:

you will accurately describe your activities and events in the title and description fields to allow Members to make knowledgeable decisions about their participation;
any Content you post is accurate and current, is not misleading, and will not breach any third party intellectual property rights;(in particular you will be transparent about the nature of your activities and events, not concealing or excluding important information about the activities intentions, such as falsely misleading people to participate in an activity or event with the intention to sell a product or service);
you have the right to advertise the activities and events;
any Content you post complies with applicable laws, codes and regulations;
all material and Content you link to from our website is accurate, up-to-date, lawful, and not misleading.

If you are a Member posting Content, you agree that:

any Content you post is accurate and current, is not misleading, and will not breach any third party intellectual property rights;
any Content you post complies with applicable laws, codes and regulations;
all material and Content you link to from our website is accurate, up-to-date, lawful, and not misleading.

You grant us a non-exclusive, royalty free, worldwide, irrevocable, perpetual licence (with a right to sublicence) to use, commercialise, reproduce, modify, adapt, publish, communicate and broadcast your Content.

All Groups further authorise us to use your logo and/or trademark (branding) on a non-exclusive, royalty-free basis for the Term in our advertising, promotional documents and on our website to indicate that you are a Group, and a licensed user of our online platform. We will not use your branding for any other purpose without your prior consent.

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, offensive, defamatory, obscene, unlawful, potentially breaches regulations, violates a third party's intellectual property rights or if we 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 reserve the right to disclose your name and any personal details of any User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

GROUP FEES AND REFUNDS

By purchasing a subscription on our online platform, you authorise us to keep your subscription current by regularly charging your credit card account (or any other means of payment used by you) the applicable Fees. We will automatically bill you for each renewal period until cancellation, or you disable the auto-renewal of your subscription. Our Fees are set out on our website pricing list. Our Fees include taxes, processing and merchant fees, however, they do not include any rejected payment bank costs or chargebacks. The Fees are payable in advance of the applicable period specified on our platform.

We charge a service Fee to you when a Member of yours buys a paid activity or event ticket, based on the cost of the event or activity ticket price. We charge a booking Fee based on the total venue hire fee in addition to a flat booking fee when a Venue is hired (inclusive of deposit plus hire price). These Fees are set out on our website on the applicable activity or venue hire page. If you chose to pass on the service Fee or booking Fee to the Member, you can request us to issue invoices as a payment option in your subscription, and the fees will be identified in the invoices we send to you. If you elect to pass on the service Fee or Booking Fee to a Member, we will charge your preferred payment method and provide an invoice directly to the Member for payment directly to you. You agree we are providing an invoice only and are not responsible for receiving your invoice amounts, ensuring payment is received by you and you are at all times responsible for recovery of any outstanding fees and payments from any Member directly. We are not to be involved in any payment disputes.

We do not offer refunds for Fees except as required under the ACL.

WE ARE A FACILITATOR ONLY

All Users acknowledge and agree that:

we are a facilitator only for the purposes of enabling interactions between Groups and Members, and we take no responsibility for the Content or other information posted on our website;
we are not responsible for any particular Venue, or any activity or event. Any disputes, claims, or issues you or any Member may have must be addressed with the Group, Member, other User or venue directly. We are at no time to be involved.

Members must independently verify and make their own assessment of the suitability of any Venue, activity or event. We cannot guarantee that all the advertisements and links and Content on our website are current or correct; or that you will locate suitable Venues, activities or events. We also cannot guarantee that the Group will comply with the law or be suitably registered. We are not responsible for the Venues, the activities and events, and Members attend solely at their own risk.

All Groups acknowledge and agree that we cannot guarantee that any bookings or business will increase, or there will be an increase in traffic to your website or otherwise. Any products or services a Group provides is done directly with the Member, and is a contractual relationship with the Member. Any disputes, issues, dealings, complaints are to be dealt with directly with the Member and you agree to indemnify us for any Member claim which arises directly or indirectly from your action or inaction.

You must manage all disputes in good faith and in accordance with all ACL and other law requirements. We are not to be involved at any time and are not responsible directly or indirectly for any dispute with any Member regarding your provision of services.

MEMBER REFUNDS

If you are a Member, you must contact the applicable Group with any refund requests.

Groups agree to post and maintain a refund policy on each activity page and each venue hire page and that refund policy will govern your actions. The refund policy must comply with the ACL. If we have evidence that you don't abide by your own refund policy we may remove you from our platform.

In the event that you have not responded to a refund request within two (2) business days from the Member, or there is a dispute between you and a Member that cannot be resolved, either party may contact us. We may, in our discretion, attempt to mediate such dispute, however, we will have no liability for (a) your failure to give refunds; (b) our failure to mediate a dispute; or (c) our decision to mediate the dispute.

DISCLAIMER

To the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose in relation to our website. We give no warranty that our website 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. We do not warrant that our website will be available and working at all time, and cannot warrant its reliability, timeliness accuracy or performance.

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 ours 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.

LIMITATION OF LIABILITY AND INDEMNITY

It is an essential pre-condition to you using our website that you agree and accept that we are 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, or 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.

You acknowledge, agree and undertake that you shall be the legally responsible party for any Content placed by you on our website, and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims, demands, costs, damages or awards whatsoever arising directly or indirectly as a result of any Content placed by you on our website.

In addition, you agree to fully indemnify us for any and all claims by Members or Groups, or any third party which may result from your advertisement, Content or link on the website or any business you conduct with another Member or Group. We are not responsible for your Content, services nor for your breach of any third party rights. We are also not responsible for any claim by any third party which may be a result of your links, material or Content on your website, business or otherwise. You agree you will fully indemnify us and, wherever possible, take over and manage any claim which may result from any one of your customers whether direct or indirect.

TERMINATION

WE MAY TERMINATE YOUR SUBSCRIPTION AND ACCOUNT AT ANY TIME: We have the right to terminate or suspend your membership for any reason, at any time. Any suspected fraudulent, abusive or illegal activity may be reason for terminating, and may be referred to the appropriate law enforcement authorities. We may also terminate your account in the event that you have not paid your Fees within 30 days of the due date.

If you no longer wish to access to Services and you wish to cancel your subscription, you can also delete your profile through your subscription account.

Upon such termination, regardless of the reasons, your right to use the Services immediately stops, and you acknowledge and agree we may immediately delete your account, your Content and all related information. We may also stop you from any further access to our website and Services. We shall not be liable to you or any third party for any claims arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

THIRD PARTY SOFTWARE

You acknowledge and agree that third party payment processors will assist in securely processing you and your Members personally identifiable payment information for activity and venue payments. You acknowledge and agree that third party software may be required and their fees are not specified in these Terms.

We will not be under any liability to you in respect of any Loss or Damage however caused which may be suffered or incurred or which may arise directly or indirectly in respect of any error or defect in, or failure of, any third party software.

LINKS TO OTHER WEBSITES

We may from time to time provide on our 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 us and the owners of those websites. We take no responsibility for any of the content found on the linked websites.

Our website may contain information or advertisements provided by third parties for which we accept 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.

YOUR PRIVACY

We are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you, and we adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from you is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all of your information we collect is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in your 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 our website and services but not for any other use.

DISCLOSURE OF YOUR INFORMATION

We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so. This includes 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 ours. We expressly exclude and do not permit you to use or access our website, to download any documents or information from our website or obtain any such documents or information through a third party. If you breach this term then we 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. We reserve 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.

We expressly reserve 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 material 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 material. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you www.socialplanet.com.au and us concerning your use and access to our 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.

JURISDICTION

This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and us that results in litigation then you must submit to the jurisdiction of the courts of Victoria.

DEFINITIONS

Content: means all material, links, words, images and video including, but not limited to, any goods and services the Group submits, advertises or links to the website, and any feedback or other material a Member submits.
Group/s: means any group provider which is a community group that supports health promotion or social inclusion needs, and who has set up a subscription account to promote their events, and/or hire out their venue through our website.
Loss and damage: means any loss or damage including, but not limited to, loss of data, loss of income, profit, goodwill, customers, capital or opportunity, loss of anticipated savings or benefits, loss of or damage to property, downtime costs, loss of or damage to reputation and claims of third parties, death, personal injury or any loss, damage or expense.
Members: means anyone who is a member of a Group, who attends the Group activities, and events, or hires the Groups’ venues.
our website: means www.socialplanet.com.au
Services: means the service of providing an online platform to promote activities and events, and to hire out council and neighbourhood venues.
Term: means the term of a Group’s subscription.
Venue: means the council or neighbourhood venue that is available for hire by Groups and Members.
We/ us / our: means Social Planet and all of its directors, officers, employees and agents.
You/ your/ User: means the client, visitor, website user or person using our website, and includes Members, and Groups.