REBECCA LAUREN MIJAT T/A CASUAL SETS - BUSINESS TERMS AND CONDITIONS
Rebecca Lauren Mijat (ABN 37 607 949 778) T/A Casual Sets (referred to as we or us) provides an introductory service between (i) tennis players who are looking for a tennis hitting partner (once off or regularly) and/or a tennis player who can participate in a tennis competition on an emergency basis and (ii) other tennis players who are looking for a tennis hitting partner (once off or regularly) and/or a tennis player who is available to participate in a tennis competition on an emergency basis (Members) and a searchable directory of Members (collectively, the Services). The Services are available on our website which is accessible at www.casualsets.com.au (Site).
These Business Terms & Conditions (Terms) form a binding legal agreement between us, our directors, officers, employees, successors and assignees, and each person, organisation or entity using our Services (you, your or User). By using the Site and Services you agree to comply with and be legally bound by the terms and conditions of these Terms and Conditions (Terms). Please read the Terms carefully. Please contact us if you have any questions. You can contact us at email@example.com.
1. Introductory Service Only
(a) The Site and Services provides an online introductory service through which Members will be able to search for other Members who are available at a required time and offer them the chance to play tennis with them (once off or regularly) or participate in a tennis competition on an emergency basis.
(b) You understand and agree that the Site is an online introductory platform only. Our responsibility is limited to facilitating the availability of the Site and Services.
(c) We are not a party to any agreement entered into between Members. We are not a referrer or booking agent and provide no such related services. We have no control over the conduct of Members and other users of the Site and Services. We disclaim all liability in this regard, as set out in the Terms.
(d) Any arrangement between Members is solely between them. It is strictly and expressly not part of your agreement with us.
Your use of our Site and Services indicates that you have had sufficient opportunity to access the Terms and contact us, that you have read, accepted and will comply with the Terms, that you have legal capacity to enter into a contract for sale, and that you are eighteen (18) years or older or if younger than eighteen (18) years you have the approval of your parent or guardian. If this is not correct, or if you do not agree to the Terms, you are not permitted to use any of our Services.
These Terms may be amended from time to time, without prior notice. Your use of our Services following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms, before continuing your use of our Services. Our agents, employees and third parties do not have authority to change the Terms.
5. Online Registration
(a) Each person may have one (1) account as a Member on the Site (Account).
(b) Basic information is required when registered on our Site as a Member. Members are required to provide certain information including their name, email address, telephone number, gender, name of home tennis club, preferred region to play tennis in your state, availability to play tennis (including days and times) and experience and skill level as a tennis player.
(c) Each Member agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account and your access to the Site and Services if any information provided to us, including for the Site, proves to be inaccurate, not current or incomplete.
(d) To keep your information secure and confidential, you will be requested by us to change your passwords at regular intervals.
(e) It is your responsibility to keep your Account details and password confidential. You are liable for all activity on your Account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.
(f) You will immediately notify us of any unauthorized use of your Account.
6. Members and Services
(a) There is a directory on the Site which Members can search to find other Members who are available to play tennis with them (once off or regularly) or who are able to participate in a tennis competition on an emergency basis.
(b) This directory will display each Member’s first name and the initial of their last name. It will also show each Member’s availability for playing tennis and/or participating in tennis competitions. It will not display any other contact details in respect of the Members.
(c) When a Member finds another Member who is available to play tennis or participate in a tennis competition using the directory, that Member can choose to send the other Member an offer to play tennis through the Site.
(d) Members can decline or accept an offer to play tennis.
(e) A Member’s contact details are hidden to all other Members until they accept an offer to play tennis or be an emergency player. At this point that Member’s details will be disclosed to the Member whose offer they accepted so that they are in direct contact.
(f) If a Member asks another Member to play tennis or participate in a competition, any agreement entered into is between the Members. We are not a party to the agreement.
(g) You acknowledge and agree that while the Site allows Members to communicate with one another, you are not permitted to share the contact information of any Members with another Member.
(h) Each Member represents and warrants that any content that they provide:
i. will not breach any agreements you have entered into with any third parties; and
ii. will not conflict with the rights of third parties.
(i) We assume no responsibility for a Member’s compliance with any applicable laws, rules and regulations.
(j) We reserve the right, at any time and without prior notice, to remove or disable access to any Account for any reason, including Accounts of Members that we in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
7. Cancellation of Registration
If you wish to cancel your registration, you will need to do so by writing an email to firstname.lastname@example.org.
8. Security and Availability
(a) We have implemented and will maintain security systems for the transmission of data, consisting of password protected and an only locally accessible database server, the implementation of robust and proven login registration systems incorporating Facebook authentication and security technologies and SSL encryption across the Site and "firewall" technologies that are understood in the industry to provide adequate security for the transmission of such information over the Internet. We do not guarantee the security of the Services and we will not be responsible in the event of any infiltration of its security systems, provided that we have used commercially reasonable efforts to prevent any such infiltration.
(b) The Site is backed up via a daily, weekly and monthly snapshot. You acknowledge and agree that we are not and you are responsible for the security of data being transmitted on the Site or any other information stored on your servers, and that we are not responsible for any other party's servers.
(c) Our webhost provides a 99.9% uptime guarantee. The Site uses third party hosting services in Australia which are provided without warranties of any kind therefore we cannot ensure that these third party hosting services are provided free of defect or without interruption.
8. Copyright and Intellectual Property
(a) Our Site contains material which is owned by or licensed to us (or our affiliates and/or third party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of the Site (Collective Content).
(b) Intellectual Property includes all code, algorithms, copyright, registered and unregistered, logos, slogans, designs, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to us (in each case whether registered or unregistered or whether capable of registration), together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms, goodwill in the business, trade, business company or organisation names, internet domain names; and Site content, images and layout.
(c) You agree that, as between you and us, we own all Intellectual Property rights in the Site, the Services and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. We own the copyright which subsists in all creative and literary works displayed in the Site and Services. The Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by us or the owner of the Collective Content.
(d) Other trademarks, service marks, graphics and logos used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
(e) Our Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without our or the applicable trademark holder’s prior written permission.
(f) Users of the Site do not obtain any interest or license in the Intellectual Property or Third Party Marks without our or the applicable trademark holder’s prior written permission. Members may not do anything which interferes with or breaches the Intellectual Property rights.
9. User License
(a) Subject to these Terms, we grant the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Site and Services for your own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the Member as permitted in accordance with these Terms (User License), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation. All other uses are prohibited without our prior written consent.
(b) The right to use the Site and Services is licensed to you and are not being sold to you. You have no rights in the Site and Services other than to use it in accordance with these Terms.
(c) This Agreement and User License governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
10. Permitted and Prohibited Conduct
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site and Services. In connection with your use of our Site and Services you may not and you agree that you will not:
(a) use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
(b) register for more than one (1) Account as a Member or register for an Account on behalf of an individual other than yourself;
(c) submit any false or misleading information;
(d) as a Member, offer any services that you do not intend to honour or cannot provide;
(e) as a Member, make any offers to Members that you do not intend to honour or cannot provide;
(f) as a Member, contact any other Members for any purpose that is not related to the Services;
(g) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
(h) copy, store or otherwise access any information contained on the Site and Services or Collective Content for purposes not expressly permitted by these Terms;
(i) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(j) use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(k) use our Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
(l) stalk or harass any other user of our Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Member;
(m) use, display, mirror or frame the Site, any individual element within the Site or Services, any of our proprietary information, or the layout and design of any page or form contained on a page, without our express written consent; or
(n) advocate, encourage, or assist any third party in doing any of the foregoing.
The Site, Services and Collective Content are protected by copyright, trademark, and other laws of Australia and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is our and our licensor’s exclusive property. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services or Collective Content.
You must not post, upload, publish, submit or transmit any Collective Content 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) is fraudulent, false, misleading or deceptive;
(c) denigrates the Site, Services or a Member;
(d) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(e) is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(f) is violent or threatening or promotes violence or actions that are threatening to any other person; or
(g) promotes illegal or harmful activities or substances.
12. User Content
Members are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content on or through the Site and Services, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Site and Services.
You are solely responsible for all User Content that you make available through the Site and Services. You represent and warrant that:
i. you either are the sole and exclusive owner of all User Content that you make available through the Site and Services, or that you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms; and
ii. neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
13. Consumer Law, Limitation of Liability and Disclaimers
(a) ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms.
(b) Services: If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you.
(c) Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in this estimated period, which is affected by your delay in response, incomplete or incorrect information.
(d) Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
(e) Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Services and this agreement, except those set out in this agreement, including but not limited to:
i. implied or express guarantees, representations or conditions of any kind, which are not stated in the Terms;
ii. our Services or Site being unavailable or failing to meet your needs;
iii. any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with the inability to access or use the Services or the Site, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage; and
iv. warranties that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or your access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components.
(f) Limitation: Our total liability arising out of or in connection with our Services and Site, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed AUD$100. The limitations of damages set forth in this section are fundamental elements of the basis of the bargain between us and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the limitation may not apply to you. This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of us.
(g) This clause will survive termination of these Terms.
(a) You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
i. any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
ii. any breach of these Terms;
iii. any wilful, unlawful or negligent act or omission by you;
iv. any violation by you of any applicable laws or the rights of any third party; and
v. any use or misuse of the Services or Site from or by you, your employees, contractors or agents.
(b) You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services or Site including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
(d) The obligations under this clause will survive termination of these Terms.
(a) We do not guarantee that offers will be made to or accepted by Members.
(b) We do not endorse any Member. We require Members to confirm that they have provided accurate information. We do not perform any sort of background checks of Members and do not confirm any Member’s identity.
(c) We cannot and do not control the content contained in any Account or the condition, legality or suitability of any Member. Members are responsible for determining the identity and suitability of Members that they contact via the Services.
(d) We accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site. We disclaim any and all liability related to any and all Members, Accounts and Services.
(e) By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the Member or other third party who caused you harm. We encourage you to communicate directly with the relevant Member on the Site and Services regarding any communications or arrangements made between you and to resolve any dispute between you.
(f) To the fullest extent allowable under applicable law, we disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors.
(g) Each Member who uses the Site and the Services do so at their own risk.
(a) Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
(b) Termination: We reserve the right to refuse supply of the Services required by you, terminate your account, terminate our contract with you, and remove or edit content on our Site at our sole discretion, without incurring any liability to you.
(c) Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control.
(d) Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
(e) Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
(f) Assignment: You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.
(g) Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
(h) Jurisdiction and Applicable Law: These Terms, your use of this Site and any dispute arising out of your use of it is subject to the laws of Victoria, Australia, and subject to the exclusive jurisdiction of the Victorian courts. The Site may be accessed throughout Australia and overseas. We make no representation that the content on the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
(i) Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us, and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
For questions and notices, please contact us at:
Rebecca Lauren Mijat (ABN 37 607 949 778) T/A Casual Sets
PO Box 123