Purchase Terms and Conditions
TERMS AND CONDITIONS OF USE, SALE AND PURCHASE
By accessing any Club Site or a Club using the Club Site, listing goods and services for sale or purchasing the goods and services offered by Member Jungle on behalf of Clubs, Clubs and Users agree to be bound by the following terms and conditions ("Agreement"):
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions
In this Agreement:
Club Site means the website and membership platform (including app) developed by Member Jungle for the Club using the MJ Payment Gateway.
Member Jungle means Telligence Pty Ltd ACN 109 572 376 trading as Member Jungle.
User means the person, persons, corporate body or partnership who accepts these terms and by that acceptance agrees to be bound by these terms in relation to a Club Site.
Club means the organisation or person who uses software systems provided by Member Jungle to provide services to Users.
Event/s means an event or activity hosted by the Club using the Club Site.
Force Majeure Event means any occurrence or omission as a direct or indirect result of which the Party relying on it is prevented from or delayed in performing any of its obligations under this agreement and which is beyond the reasonable control of that Party and could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency.
MJ Payment Gateway means where the Club does not have their Own Payment Gateway and uses Member Jungle’s account through Stripe for the Services.
Own Payment Gateway means where the Club has their own direct account with a Payment Provider (such as Stripe) which is connected to the Services.
Site and Service Fee means a fee which applies to all transactions conducted through the Customer Site. It is a small convenience fee added to payments collected on the Customer Site .
Stripe Payments means the payment and processing software provided by Stripe Inc.
Platform Fee means a fee for the use of the Member Jungle System and MJ Payment Gateways. The Platform Fee is deducted as a percentage of payments collected on the system and applies when the Clubs are paid. It is deducted from the amounts to be distributed to the Clubs.
1.2 Interpretations
In this agreement:
- headings are for convenience only and do not affect interpretation;
- the singular includes the plural and conversely, and a gender includes all genders;
- "including" and similar expressions are not words of limitation;
- references to "you" and "your" mean the User; and
- references to “us”,“we” and “our” mean Member Jungle.
2. VARIATION, TERMINATION AND INCLUSION
- By using the Club Site, Clubs and Users confirm that they have the full power and authority to enter into and perform in accordance with the terms of this Agreement. Clubs and Users also agree that this Agreement is legal, valid and binding, and that its terms and conditions can be enforced.
- Clubs and Users understand that any breach of this Agreement may lead to termination of the Agreement and further action, including legal proceedings.
- Member Jungle may change the terms in this Agreement as deemed necessary by Member Jungle by posting the updated version on our website. Clubs and Users agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify Member Jungle and discontinue your use of the Club Site. If you use the Club Site after Member Jungle has posted a change to these terms on the website, you are agreeing to be bound by all the changes.
3. PAYMENT
- Payment for goods and services purchased through the Club Site is by way an internet secure payment system provided by Stripe Payments.
- No credit card details are ever stored by your Club OR by Member Jungle related to these payments and all information is encrypted in transit. Stripe Payments is one of the biggest payment providers in the world, has an Australian Financial Services License (AFSL) and has PCI DSS Level 1 certification. More details regarding security at Stripe can be found at https://stripe.com/docs/security/stripe.
- All prices are inclusive of GST unless otherwise stated.
4. SALE
- All tickets, memberships or products are sold by Member Jungle as an agent for the Club responsible for the event. Any claims by Users arising from a purchase of any items on a Club Site are solely against the Club.
- All tickets are sold subject to the terms and conditions imposed by the Club. Users must rely on their own inquiries to ascertain those terms and conditions, if any, before purchase. Club’s terms and conditions may include terms regarding admission, smoking, children, alcohol, dress standards and other issues.
- Member Jungle accepts no liability to Clubs or Users for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from you access to, use of, inability to access or reliance on the Customer Site or its content.
- Users must rely on their own inquiries as to the accuracy of information provided on the Club Site, including but not limited to membership of a club, Events run by a Club or products and services sold by a Club.
- Member Jungle makes no warranty or representations regarding any company, individual, website or organisation mentioned on the site, any links from the Club Site, or the Club of goods or services offered through the Club Site.
5. ADDITIONAL TERMS IMPOSED BY THE CLUB
- These Terms apply to our relationship with the User only.
- The Club may impose additional terms and conditions to apply to membership, events and activities for which the User may register, make a booking, purchase tickets or make payments. It is the User’s responsibility to review these carefully before joining the Club, renewing membership, making a registration or booking, purchasing tickets or any other transaction from the Club.
- Nothing in the terms and conditions of a Club binds Member Jungle, creates any obligations on Member Jungle to the User or gives the User any rights against Member Jungle.
6. WEBSITE, APP AND SERVICES
- Member Jungle facilitated the management of membership, store, events and sale of tickets and the collection of payments for various purposes by the Club.
- Member Jungle allows the Club to create their Club Site including event pages which the User can access to manage memberships, purchase from a store, make bookings and registrations, purchase tickets and make payments for various purposes.
- Member Jungle acts as an agent for the Club only and all transactions, including sales and payment transactions, on the Club Site or App are between the User and the Club.
- Except as expressly set out in these Terms, Member Jungle is not responsible for the event or liable for any dispute over an event, ticket purchase, refunds or other payment. That is at all times a matter between the User and the Club. Any claims the User may have (including refunds or otherwise in relation to cancellation or postponement of events) lies solely with the Club and, to the extent permitted by law, Member Jungle has no responsibility for such matters and excludes all liability for such claims.
- By using the Club Site provided by Member Jungle the User agrees to the terms set out in our App and Chat Acceptable Use Policy.
7. EVENT POSTPONEMENT, VARIATION OR CANCELLATION
- Events may be varied, postponed or cancelled by the Club. Member Jungle has no control over this and the User acknowledges and agree that the Club is solely responsible and liable to the User for providing any refund or comparable ticket in such circumstances.
- The responsibility to ascertain whether an event has been varied, postponed or cancelled is a matter between the User and the Club. Member Jungle does not guarantee that ticket holders will be informed of a variation, postponement or cancellation before the date of the event.
8. JURISDICTION
These Terms are governed by the laws of New South Wales, Australia, and the User and the Club submit to the non-exclusive jurisdiction of the courts of that state.
9. COPYRIGHT AND TRADEMARK INFRINGEMENT
- Member Jungle owns all content on this website. Any use of any portion of the website will be an infringement of Member Jungle copyright and trademarks.
- The User agrees that they must not infringe on Member Jungle’s Intellectual Property, and they will be liable for any unauthorised use of Member Jungle copyrights and trademarks.
- For Clubs, please refer to the Terms and Conditions for how Intellectual Property is covered.
10. PRIVACY POLICY
Please refer to Member Jungle’s Privacy Policy or details on Users and Clubs' personally identifiable information.
11. REFUND POLICY
- Member Jungle maintains a strict no refunds policy for all Site and Service Fees collected as part of any payment transaction.
- Member Jungle will, in the event of a refund by a Club, retain any fee charged to the extent permitted by law.
- The User acknowledges and agrees that Member Jungle cannot exchange or refund a ticket or any other payment that is a matter solely between the User and the Club.
12. INDEMNITY
The User indemnifies Member Jungle against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us arising from or which is directly or indirectly related to your breach or non-observance of these Terms or any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.
13. MISCELLANEOUS
- Neither Party has any liability under or may be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from a Force Majeure Event.
- The Party affected by these circumstances must promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
- This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.
- The failure by any party to exercise any right provided herein shall not be deemed a waiver or forfeiture of any such right.
- If any provision of this agreement is or becomes invalid or unenforceable, then, if the provision can be read down to make it valid and enforceable without materially changing its effect, it must be read down, and otherwise the offending provision must be severed, and the remaining provisions will operate as if the provision had not been included.
- Member Jungle may at its discretion suspend or terminate operation of the Club Site for maintenance or other reasons. In addition, technical and other issues may make the Club Site unavailable from time to time. Member Jungle makes no commitment, warranty or guarantee that the Club Site will operate in a timely, uninterrupted or error-free manner, or that the site will meet the Club's or User’s purposes. Member Jungle may also in its discretion modify the features, availability, operation and/or look and feel of the Club Site from time to time without notice to our users.
- All provisions of this Agreement relating to payment, disclaimers, limitations of liability, indemnification, and proprietary rights shall survive termination.
If you have any queries, contact Member Jungle on our website Contact Us page.