TERMS & CONDITIONS

EVENT SERVICES AGREEMENT

Thank you for registering for a Social Mingles event (Event)!

Social Mingles (The Trustee for Social Mingles Unit Trust ABN 49 724 438 325 (Social Mingles, we, us, our) host social events for single people. We are shaking up modern dating by creating offline opportunities for singles to meet likeminded people in a dynamic and safe environment. Our in-person speed dating and singles events are organised with mingling in mind, so be prepared to meet lots of singles (Attendees), get out of your comfort zone, and have lots of fun!

Our terms and conditions (Terms) for attending Social Mingles Events are set out below. By acknowledging electronically that you agree to these terms, you agree to be bound to these terms for the purposes of all of our Events that you attend.

TERMS AND CONDITIONS

1. Registering for Events

(a) By registering for an Event, either via our website available at vip.socialmingles.com.au (Website) or the Eventbrite/Humanitix platform, (Registration), you represent and confirm that you:

(i) are at least 18 years of age;

(ii) meet the Criteria for that Event, as set out in clause 3.1;

(iii) have not committed or been convicted of any indicatable offence, a sex crime or any crime involving violence;

(iv) are not required to be listed on any national, state or local sex offender registry;

(v) have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(vi) are authorised to use the debit or credit card included in your order.

(b) Registering for an Event constitutes your intention and offer to enter into a contract, where we will provide you with a ticket for your selected Event (Ticket) in exchange for your payment of the total amount listed upon checkout.

(c) A contract is not formed until we have approved your payment and you receive an email from us confirming that your Registration is complete. We reserve the right to reject your registration for any reason, including for failure to meet the Event Criteria as set out in clause 3.1.

(d) In the event that you purchase Tickets to an Event on behalf of a third party, you represent and warrant that you have made that third party aware of these terms & conditions and you acknowledge and agree that actions of that third party shall also be attributed to you for the purposes of these terms and conditions.

(e) If you are Registering for an Event which includes a pre-paid meal, you must disclose your dietary requirements, if any. We will accommodate these as best as we can and will contact you if there are any problems.

2. Fees

2.1 Tickets

You must pay the fees for Tickets (Fees) in the amounts set out at and at the time of, Registration.

2.2 GST

Unless otherwise indicated, amounts stated during Registration do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.

2.3 Credit Card Surcharges

We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

2.4 Payment Providers

(a) We may use third-party payment providers (Payment Providers) to collect payments for Tickets.

(b) The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

2.5 Cancellations

You will not be entitled to a refund if no longer wish to attend the Event. Our cancellation policy is set out in clause 11.

3. Events

3.1 Event criteria and verification

(a) To increase your chances of meeting likeminded people, we have set a criteria for each Event (Criteria). Typically, the Criteria includes an age bracket that Attendees must sit within to be eligible for an Event but can also include other criterion depending on the Event type.

(b) By Registering for a specific Event, you acknowledge the Criteria and agree that you meet this Criteria.

(c) A Social Mingles representative will mark your attendance upon entry to the Event and may verify your identity and check that you meet the Criteria. You must bring a valid form of I.D., including a driver’s licence or passport, for identity verification purposes. If your identity cannot be verified or the Social Mingles representative is not satisfied that you meet the Criteria, you may be refused entry to the Event and will not be entitled to a refund of the Fees.

3.2 Event Location

(a) All Events are hosted on third-party premises (Location).

(b) The Event time and Location will be set out at the time of Registration however we reserve the right to update or change the Event time or Location from time to time. If we do make any such changes, we will provide you with reasonable notice.

(c) Some Events may take place across numerous Locations. During such Events, is your responsibility to travel safely from Location to Location and we accept no responsibility for any consequences incurred in the course of travelling between Locations.

(d) By Registering for and attending an Event, you agree to follow the Location’s policies and conditions of entry (Location Policies) and comply with the directions of staff at the Location (Location Staff). If Location Staff determine that you are not following the Location Policies and request that you leave the Location, you will not be entitled to a refund of the Fees.

3.3 Event behaviour

(a) In addition to the obligations set out in clause 3.2, you must also comply with Social Mingles’ Event behaviour policy, as set out below:

(i) alcohol may be consumed responsibly however any irresponsible or excessive alcohol consumption is strictly prohibited;

(ii) the consumption of any illicit drugs is strictly prohibited;

(iii) any defamatory, intimidating, harmful or stalkerish behaviour will not be tolerated under any circumstances; and

(iv) any emotionally, physically or sexually abusive behaviour will not be tolerated under any circumstances and will be reported to police immediately.

(b) If we reasonably believe that you have breached our behaviour policy set out above, we will ask you to leave the Event and you will not be entitled to a refund of the Fees. If you don’t comply with our reasonable requests to leave the Event, we may contact the Location staff or police to escort you from the Event.

(c) If you believe that another Attendee has breached our behaviour policy set out above, you must contact a Social Mingles representative, Location Staff or police, immediately.

3.4 High-Risk Events

(a) Some Events might include activities that are high-risk in nature.

(b) By Registering for such Events, you acknowledge and accept the risks involved with these activities and agree to attend and participate at your own risk.

(c) In accordance with clause 9, we are in no way responsible for any loss or damage incurred as a result of your participation in any such activities.

4. Match cards

(a) During the Event, you will have the opportunity to mingle with other Attendees and assess your compatibility.

(b) If you believe you are compatible with another Attendee, you may request to “match” with that Attendee (Match). If that Attendee also requests to Match with you, you will receive a text message from Social Mingles with that Attendee’s contact information (Match Card).

(c) If you request to Match with an Attendee and that Attendee does not request to Match with you, you will not receive a Match Card.

(d) You must not ask for or attempt to obtain another Attendee’s contact information except by requesting to Match with an Attendee as set out above.

5. Disclaimer

5.1 No relationship Guarantee

(a) Our Events are organised solely for social purposes and to provide a platform for single people to connect with other single people within their age bracket.

(b) We, in no way, represent or guarantee that you will Match with any other Attendee nor do we make any representation or guarantee as to the prospect of a successful relationship with any Matches that you do make.

5.2 No Extensive Background Checks

(a) While we take all reasonable steps to verify the identity of other Attendees, we do not make any representation as to an Attendee’s character or fitness for a relationship.

(b) By requesting to Match with another Attendee or pursuing a relationship with that Attendee, you do so with the knowledge that we have not conducted any extensive background checks on Attendees. We take no responsibility for the actions or behaviour of other Attendees, whether during an Event or afterwards.

5.3 No Affiliation with Locations

(a) We select Locations that we think will be conducive to socialising and mingling. We are in no way affiliated with or connected to the Locations nor do we endorse the Locations we choose.

(b) If you have any concerns, complaints or issues with the Event Location, please direct these to Location Staff.

6. Photos and consent

(a) During our Events, we may take photographs of Attendees for marketing purposes. These photographs will only be used to promote our Events by posting on our Website, social media accounts and Event invitations.

(b) If you do not wish to have your photograph taken, please notify us in writing so that we may honour your request.

(c) If you wish to take a photograph of/with another Attendee, you must first ask for their permission including whether they give permission for you to upload the photograph to social media platforms.

7. PRIVACY

You agree to be bound by our Privacy Policy, which can be found on our Website .

8. WARRANTIES

(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

9. LIABILITY

(a) (Liability) To the maximum extent permitted by applicable law, we limit all liability in aggregate of all claims to you for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement to the price paid for the Event Ticket.

(b) (Indemnity) You agree at all times to indemnify and hold us harmless and our employees, contractors and agents in respect of all liability for any claim(s) by any person arising from your:

(i) breach of any term of this agreement; or

(ii) negligent, wilful, fraudulent or criminal act or omission.

(c) (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this agreement or any goods or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

10. If The Parties Have a Dispute

(a) If an issue between the parties arises under this agreement that cannot be resolved day-to-day, the parties will make genuine efforts in good faith to participate cooperatively in mediation, at equal shared expense of the parties.

(b) The parties will conduct mediation through the Australian Disputes Centre (ADC) and in accordance with the ADC’s Guidelines for Commercial Mediation (as current at the time of the dispute).

(c) The parties will follow the mediator’s recommendations on the extent of mediation required, and when to stop mediation if the issue cannot be resolved.

(d) If mediation does not resolve the issue, the parties must:

(i) if they haven’t already done so, engage independent legal representation at their own expense to understand the strength of their arguments; and

(ii) based on that advice, if settlement is not achieved, participate in arbitration (or other dispute resolution mechanism agreed in mediation) through the ADC at equal shared expense.

(e) The parties will follow the binding outcome of arbitration (or other agreed mechanism).

(f) Either party may at any time during this process make an offer for settlement. The parties acknowledge and agree it is in their best interests to properly consider all genuine settlement offers. The parties will use best endeavours to avoid litigation and reach a prompt settlement.

(g) The process in this clause does not apply where a party requires an urgent injunction.

11. Cancellation

11.1 Cancellation by You

(a) We do not offer refunds for change-of-mind cancellations.

(b) To the maximum extent permitted under the Competition and Consumer Act 2010 (Cth), any Fees paid or due in accordance with this agreement are non-refundable as a result of cancellation by you. This includes cancellation by you for reasons beyond your control.

(c) Non-attendance of any Event or part of an Event by you for any reason does not provide the right to refund or for you to reschedule your Ticket to a later Event.

11.2 Cancellation by Us

(a) If we are required to cancel or reschedule an Event we will take all reasonable steps to inform you as soon as possible.

(b) You may choose either a full refund or a Social Mingles credit to the value of any Fees paid for your Event Ticket.

(c) You acknowledge and agree that we will not be in breach of these terms and conditions by virtue of any Event cancellation or reschedule.

12. FORCE MAJEURE

(a) A ‘Force Majeure Event’ means any occurrence beyond the control of the Affected Party which prevents the Affected Party from performing an obligation under this agreement (other than an obligation to pay money), including any:

(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;

(ii) strike or other industrial action;

(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or

(iv) decision of a government authority in relation to COVID-19, or other epidemic or pandemic,
to the extent the occurrence affects the Affected Party’s ability to perform the obligation.

(b) If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:

(i) reasonable details of the Force Majeure Event; and

(ii) so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.

(c) Subject to compliance with clause 14(b), the relevant obligation will be suspended during the Force Majeure Event to the extent that the obligation is affected by the Force Majeure Event.

(d) The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible and resume performing the relevant obligation.

13. NOTICES

(a) Any notices required to be sent under this agreement must be sent via email using the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.

(b) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.

14. GENERAL

14.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Queensland. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

14.2 BUSINESS DAYS

If the day on which any act is to be done under this agreement is a day other than a Business Day, that act must be done on or by the immediately following Business Day except where this agreement expressly specifies otherwise.

14.3 AMENDMENTS

This agreement may only be amended in accordance with a written agreement between the parties.

14.4 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

14.5 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

14.6 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

14.7 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

14.8 COUNTERPARTS

This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.

14.9 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

14.10 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

14.11 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (currency) a reference to $; or “dollar” is to Australian currency;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.