Purchase Terms and Conditions
TERMS AND CONDITIONS OF USE, SALE AND PURCHASE
In this Agreement:
"Member Jungle", "Us" or "We" means Telligence Pty Ltd ACN 109 572 376 trading as Member Jungle.
"You", "Purchaser","Member" or "User" means the person, persons, corporate body or partnership who accepts these terms and by that acceptance agrees to be bound by these terms.
"Club" or "Event Organiser" means the organisation or person who uses software systems provided by Member Jungle to provide services to You for Membership, Event Services, Store or any other services through their website.
“Site and Service Fee” means a fee which applies to all transactions conducted through the Member Jungle system on your website. It is a small convenience fee added to payments collected on the system.
“Platform Fee” means a fee for the use of the Member Jungle System and Payment Gateways. The Member Jungle Platform and Process 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.
By accessing any Member Jungle website or a Club using the Member Jungle Online Membership Management System, 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"):
VARIATION, TERMINATION AND INCLUSION
By using the 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. 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 site. If you use the website after Member Jungle has posted a change to these terms on the website, you are agreeing to be bound by all of the changes.
Payment for goods and services purchased from Member Jungle or any website using the Member Jungle Payment Gateway 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.
All tickets, memberships or products are sold by Member Jungle as agent for the Club responsible for the event. Any claims by Users arising from a purchase of any items on a Member Jungle website 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 enquiries 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 site or its content.
While Member Jungle attempts to ensure the accuracy of information provided on the site, Member Jungle does not guarantee the accuracy of information, the suitability of products, or anything else.
The Member Jungle website, and all other goods and services produced or supplied by Member Jungle come “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
Users must rely on their own enquiries as to the accuracy of information provided on the 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 website, or the Club of goods or services offered through the site.
ADDITIONAL TERMS IMPOSED BY THE CLUB
These Terms apply to our relationship with you only.
The Club may impose additional terms and conditions to apply to membership, events and activities for which you register, make a booking, purchase tickets or make payments. It is your responsibility to review these carefully before you join the club, renew your membership, make a registration or booking or purchase tickets.
Nothing in the terms and conditions of a Club binds Member Jungle, creates any obligations on Member Jungle to you or gives you any rights against Member Jungle.
WEBSITE, APP AND SERVICES
We facilitate the management of membership, store, events and sale of tickets and the collection of payments for various purposes by The Club.
We allow The Club to create their own Website including event pages on the Website which you can access to manage memberships, purchase from a store, make bookings and registrations, purchase tickets and make payments for various purposes.
We act as agent for the The Club only and all transactions, including sales and payment transactions, on our Website are between you and the The Club.
Except as expressly set out in these Terms, we are 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 you and the The Club. Any claims you may have (including refunds or otherwise in relation to cancellation or postponement of events) lie solely with the The Club and, to the extent permitted by law, we have no responsibility for such matters and exclude all liability for such claims.
By using the club website or app provided by Member Jungle you agree to our Acceptable Use Policy.
EVENT POSTPONEMENT, VARIATION OR CANCELLATION
Events may be varied, postponed or cancelled by the The Club. We have no control over this and you acknowledge and agree that the The Clubis solely responsible and liable to you 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 you and the The Club. We do not guarantee that ticket holders will be informed of a variation, postponement or cancellation before the date of the event.
LEGAL FORUM AND CHOICE OF LAW
By doing business with Member Jungle (accessing the site or purchasing the Products & Services offered by Member Jungle) Users and Clubs agree that:
- they have entered a contract in Sydney, New South Wales, Australia; and
- that this contract shall be governed by the law of New South Wales; and
- that the appropriate legal forum for any action arising out of this Agreement shall be a Court sitting in Sydney, New South Wales Australia for any action in which the jurisdiction by virtue of the action is the Local Court or District Court of New South Wales
In addition to complying with all restrictions on conduct and content, Clubs and Users are responsible for adhering to all local and national laws that pertain to their location, wherever they are.
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.
All Clubs and Users agree that they will be liable for any unauthorised use of Member Jungle copyrights and trademarks.
Clubs uploading content to a Member Jungle website retain copyright in the content. Clubs grant Member Jungle the right to publish that content on the site.
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 event of a refund by a Club, retain any fee charged to the extent permitted by law.
You acknowledge and agree that Member Jungle cannot exchange or refund a ticket or any other payment, that is a matter solely between you and the The Club.
You indemnify 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 any of these Terms or any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.
Each party to this Agreement shall be excused from performance and shall not be liable for any delay caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers, except for obligations to make payments hereunder. These contingencies include, but are not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, labour disturbance or shortage, failure or delay in transportation, act of any government affecting the terms of this Agreement, accident, fire, explosion, flood, severe weather or other act of God.
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.
Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
Member Jungle may at its discretion suspend or terminate operation of the site for maintenance or other reasons. In addition, technical and other issues may make the Member Jungle site unavailable from time to time. Member Jungle makes no commitment, warranty or guarantee that the site will operate in a timely, uninterrupted or error-free manner, or that the site will meet Clubs’s or User’s purposes. Member Jungle may also in its discretion modify the features, availability, operation and/or look and feel of the site from time to time without notice to our users.
All provisions of this Agreement relating to payment, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.
If any part of this Agreement is unenforceable, the unenforceable part shall be severed to the extent that it is unenforceable, and the remainder enforced to its full effect.
If you have any queries contact Member Jungle on our Contact Us page or by addressing a letter to Member Jungle, 14 / 56 Industrial Drive, Mayfield East, NSW, 2304, Australia.