Melbourne Practica Group Inc t/as Melbourne Social Tango (MST) – Site Legal terms
You agree to these legal terms and conditions (terms) by accessing, browsing or using our site, ordering our services, attending or registering for one of our events or volunteering for us.
In these terms, the words ‘we’ ‘us’ and ‘our’ refer to refer to Melbourne Practica Group trading/as Melbourne Social Tango Inc (MST), an Incorporated Association under the Associations Incorporation Act 1981 (Vic).
MST offers use of this site, including all information and services available from it, our pages on social media platforms and our services however they are ordered or delivered to you conditional upon your acceptance of these terms. These terms apply to all users of the site, including without limitation users who are browsers, customers of MST and volunteers for MST events.
Please read these terms and conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms. If you do not agree to all the terms of this agreement, then you may not access the website, use any of our services or volunteer for us. These terms are considered an offer, acceptance is expressly limited to these terms.
You can review the most current version of these terms at any time on this page. We reserve the right to update, change or replace any part of these terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site or our services following the posting of any changes constitutes acceptance of those changes
Site terms of Use
1. These terms apply equally to content we provide on our social media sites as well as our website. When using our social media such as our Facebook page, you agree to any further terms of use imposed by that platform and these terms will also apply to the extent they are not inconsistent.
2. In addition to other prohibitions as set forth in these terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service, other websites, or the internet. We reserve the right to terminate your use of the service for violating any of the prohibited uses.
3. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms.
4. You agree that your comments entered on or any uploads to the site (comments) will not violate any right of any third-party, including copyright, trademark, privacy, personality or
other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
5. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
6. Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to descriptions or pricing. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information is inaccurate at any time without prior notice (including after you have submitted an order).
7. We undertake no obligation to update, amend or clarify information, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the site should be taken to indicate that all information in the site has been modified or updated.
8. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on the site are registered and unregistered trademarks of their respective owners. Nothing contained on this website should be construed as granting any license or right to use or reproduce any trademark without the prior written permission of the owner.
9. Your submission of personal information through the site is governed by our Privacy Policy. By accepting these terms you are also agreeing that you have read and understood our Privacy Policy.
Goods and Services
10. We will use reasonable best efforts to deliver you any services we provide or that you have ordered and you acknowledge and agree that what is reasonable best efforts will be determined by the MST committee in its sole discretion.
11. We use Square Inc for payments processing and you agree to the terms and conditions of that platform. We do not store any credit card information in our system and rely on Square Inc to process payments and remit us funds and any order is subject to us receiving those funds.
12. As a condition of sale, we cannot accept cancellations by you after bookings have been made unless the event details expressly indicate a right of refund is available. When a right of refund is available, refunds will be by a credit note or refund through the Square Inc platform and subject to any conditions imposed by MST in the event details. If we cancel an event, we will provide a refund. We may also postpone an event at our discretion.
13. Membership fees and any portion thereof, are not refundable.
Volunteering
14. All volunteering for MST is on an unpaid basis. The committee also provides its time on a voluntary and unpaid basis. Reasonable expenses may be reimbursed at the discretion of the MST committee, provided that prior approval must first be obtain in writing from the
committee and in that case only to the amount authorised in the approval and subject to its terms. Any expense reimbursement requires submission of an expense claim in the form required by the MST treasurer and all supporting receipts to be provided. Nothing in these terms prevent MST from offering an honorarium for specific events, such as DJing at special events or waiver of entry fees for some volunteers at such events.
15. Volunteering or undertaking work for the MST does not create a relationship of employment and any relationship is purely on the basis of principal and independent contractor. You are responsible for all risks of volunteering and for obtaining appropriate insurance. Therefore, MST, its committee, officers and other volunteers are not liable, to the maximum extent permitted by law, for any loss or harm the volunteer or associates may suffer, including but not limited to loss caused directly or indirectly by:
a. personal or emotional injury or death, illness or disease,
b. damage to or loss of property,
c. natural disasters, hostage situations, war, terrorism or pandemics and other unforeseen events.
Code of Conduct
16. You agree to act in good faith and honestly and with integrity when volunteering or attending MST events or using our sites and you will not do anything that would bring MST into disrepute or that:
a. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
b. violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive;
c. is defamatory, obscene, pornographic, vulgar or offensive;
d. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
e. is violent or threatening or promotes violence or actions that are threatening to any other person;
f. promotes illegal or harmful activities or substances; or
g. Is or in MST committee’s opinion may be construed to be inconsistent with the objectives of MST.
Warranty Liability and indemnity
17. YOUR USE OF THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK. EXCEPT FOR WARRANTES THAT CAN NOT BE LAWFULLY EXCLUDED, THE SITE AND SERVICES ARE PROVIDED «AS IS» AND «AS AVAILABLE» WITHOUT WARRANTY OF ANY KIND.
18. In no case shall MST, our committee members, officers or volunteers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. You agree that MST’s entire liability, and your exclusive remedy, for all claims, losses, demands, damages, proceedings in any way connected with any service(s) provided under these terms, use of our site or volunteering is limited to the amount you paid for such service(s) or the sum of $20, whichever is the lesser amount.
19. You agree to indemnify, defend and hold harmless MST, our committee members, officers and volunteers, harmless from any claim or demand, losses, costs or damages including legal costs on a solicitor and own client basis, made by any third-party due to or arising out of your breach of these terms and conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
20. The indemnity in clause 19 is reduced to the extent MST, its officers or other volunteers (other than you acting lawfully and on our behalf) are directly responsible for the loss suffered.
21. The operation of proportionate liability legislation including the Wrongs Act 1958 (Vic) PART IVAA–PROPORTIONATE LIABILITY is excluded and does not apply to these terms.
22. These terms 18 to 22 inclusive survive the termination of this agreement.
Termination
23. These terms and conditions are effective unless and until terminated by either you or us. You may terminate this agreement at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
24. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms and conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to the date of termination.
General
25. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms. The words ‘includes’ or ‘including’ and similar expressions are not words of limitation.
26. By agreeing to these terms, you represent that you are able to and have authority to contract with us including that you are at least the age of majority in your state or territory, or, if you are not, your parent or guardian has provided consent to your use of this site.
27. In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
28. We reserve the right to refuse service to anyone for any reason at any time, including restricting or suspending your access to the site or an event.
29. A breach or violation of any of the terms may result in us blocking your use, exclusion from provision of services and events, and, in the case of members, suspension or termination of your membership.
30. The failure by us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
31. These terms and conditions and any policies or operating rules posted by us on the site or in constitutes the entire agreement and understanding between you and us and govern your use of the site and MST services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms and conditions).
32. Any ambiguities in the interpretation of these terms and conditions shall not be construed against the drafting party.
33. These terms may change or be updated from time to time and it is your responsibility to ensure that you remain in agreement with the current terms posted on this website without prejudice to any other rights.
34. These terms shall be governed by and construed in accordance with the laws of Victoria, Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts of that State.
Contacting Us
If you have any questions about these Legal terms and would like further information, please contact us by email or through our facebook page directing your message to the Secretary:
Email: info@melbournesocialtango.com
Facebook: https://www.facebook.com/Melbournesocialtango/