Meet&Mine Terms & Conditions

Preliminary

These Terms and Conditions apply to your use of the “Meet&Mine” website and service operated by AndMine Pty Ltd ACN 097 327 967 (“we”, “us”) and form a binding agreement between us and you. If you do not accept these Terms and Conditions, you must refrain from visiting and using the Website or joining or administering a Group.

Purpose of Meet&Mine

The Website provides a service enabling individuals to establish groups of linked business persons (“Group”) for the purposes of networking and referring business to and between the members of the Group (“Group Members”).

Setting up a Group – Role of Group Administrator

Each Group has its own “homepage” (“Group Page”) where details of Group Members can be found and where interaction between Group Members and the sending and receipt of referrals occurs. The person that establishes and/or controls a Group is called the “Group Administrator” and retains that role unless it is transferred to someone else in accordance with these Terms and Conditions. We will permit two or more individuals to act as Group Administrator.

Each Group’s Administrator is, among other things, responsible for:

  • (a) Responding to requests made to join the Group and considering and acting reasonably in evaluating such requests; and
  • (b) Ensuring that the Website and corresponding services and system appear to be operating correctly and available for all Group Members. Issues must be reported to support@meetandmine.com.
Joining a Group

In order to join or interact with Group Members through the Website a person must apply to join. Each Group’s Administrator(s) can determine whether to accept or reject an applicant or to disallow a person from remaining a Group Member, but must act reasonably in doing so.

We also reserve the right to ban individuals from joining a Group or remaining part of a Group on the basis of past or threatened breaches of these Terms and Conditions.

In order to be eligible to join a Group or otherwise use our service you must provide and interact under your real name.

Group Members must keep their passwords secret and not share their membership with any other person.

Fees and payments

In consideration of the provision of the Website and the services available to you if you join a Group, you must pay the applicable periodic fees including the leaderboard contribution referred to below, along with any taxes shown at the Website from time to time.

Prices are subject to change on provision of advance notice.

Fees may be paid by credit card. You authorise us to store and continue billing you by your chosen payment method unless your membership is terminated in accordance with these Terms and Conditions (and subject to the provisions on post-termination payments set out below).

Information required for and displayed on a Group Page

You agree and acknowledge that where a referral has been provided by one Group Member to another, the fact of that referral (but not the details of the business or person to whom the referral relates) will be made publicly available at the Group Page. You agree and acknowledge that except as set out in the previous sentence, you will not divulge on the Website (whether on the Group Page or otherwise) details of any referral unless you have the express prior consent of all parties involved (i.e. referrer and referred party).

Leaderboard

Each Group operates its own “leaderboard”, being a running tally of dollar value of referrals given by each Group Member on the basis of reporting by each Group Member. Subject to the provisions below, each leaderboard tally shall be conducted for a period of either six or twelve months from its commencement (each a “Leaderboard Round”). Leaderboard Round commencement and completion dates are determined and may be adjusted by Group Administrators. Leaderboard Round completion dates and the proposed start date for a new Leaderboard Round can be changed up until one month prior to the then current Leaderboard Round completion date. Participation in each Leaderboard Round is a pre-requisite of membership to a Group, regardless of whether a Leaderboard Round has already begun at the time the Group Member joins (in which case the new member shall participate for the remainder of that Leaderboard Round and for following rounds).

Prior to commencement of each Leaderboard Round, each Group Administrator shall determine and communicate to the Group Members;

  • (a) the required leaderboard contribution payable per Group Member (such amount not exceeding $200 per Group Member) and;
  • (b) the basis of allocation of proceeds of such contributions at the end of the leaderboard period (e.g. 50 % of leaderboard total to highest value referrer, 30% to second highest value referrer and 20 % to third value highest referrer) less the deductions referred to below.

At the conclusion of each Leaderboard Round the Group Administrator will rank and place each Group Member in numerical order by reference to the dollar amount of business referred to others in the Group by each Group Member.

Leaderboard contributions will be received by us and we shall retain an amount of 10 per cent of the total collected leaderboard contributions for each Leaderboard Round, such amount representing our handling, administration and processing fee. In addition shall remit the appropriate GST payments to the Tax Office.

Group Members acknowledge that following completion of a Leaderboard Round the total available allocation to highest placed Group Members will be reduced from the total contributions collected, to take account of these deductions.

You agree and acknowledge that if you receive a referral through the Website and such referral leads to payments received by you as a result, you will record, accurately and honestly, the amount of the referred business, which amount will count towards the Leaderboard for the Group.

Ending your membership

You may end your membership of a Group at any time, provided however that no fees or payments made prior to termination will be refundable.

We and/or a Group Administrator can terminate your membership at any time for any breach of these Terms and Conditions without any refund of fees or (subject to provision of a pro rata refund of any membership fee paid) at will (without breach).

Contacting you

By agreeing to these Terms and Conditions, you agree to the terms of our privacy policy. You also agree that communications regarding referrals and other activities within the Group will be made to you by email and any other method that you indicate upon registration.

Rules for posting

We expect all users and Group Members to treat each other with respect. You must abide by the following rules when posting any content to the Website, Group Page or interacting with the Website and other users and Group Members. You acknowledge that, without limiting any other remedy we may have, we and/or Group Administrators may remove any content that breaches these rules and that failure to abide by these rules constitutes a breach.

  1. You agree not to use the Website for any unlawful purpose and not to violate any applicable local, state, national or international law.
  2. You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
  3. You agree not to post any information (including opinion) about any person by which they may be personally identified without their prior consent or which in any way compromises another person’s privacy or breaches confidentiality. When obtaining consent you must make it clear that you (as opposed to we) are collecting their personal information and explain how it may be used.
  4. You must provide accurate and up-to-date information about yourself when providing it on the Website or interacting with other Group Members. You must not join a Group for on behalf of any other person. You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, nor misrepresent your current or previous experience, employment or qualifications.
  5. You agree not to submit content that contains material that is untrue, inappropriate, tasteless, likely to cause distress, harmful or inappropriate, culturally insensitive, unlawful, threatening, abusive, hateful, profane, defamatory, obscene, pornographic, racially vilifying, deliberately provocative or indecent.
  6. You agree not to infringe the intellectual property rights of others, and you agree not to post any content that infringes any copyright, patent, trade mark, trade secret, or other proprietary rights of any party.
  7. You agree not to upload files, or cause users to upload files, that contain viruses, worms, "Trojan horses", corrupted files, or any similar software or programs that may adversely affect, overburden or disable the operation of the Website or the operation of another's computer or other device.
  8. You agree not to advertise any goods or services (except where paid advertising is permitted). Sending "junk mail", "spam," "chain letters," "pyramid schemes" and similar activities are strictly prohibited.
  9. You must not attempt to reverse engineer any software associated with the Website, nor attempt to override or violate any security features of the Website.
  10. You agree not to solicit anyone to make donations of any kind, without our express written approval.

You agree and acknowledge that Group Administrators have the right to remove any content that they, acting reasonably, deem to fall foul of the above rules, in their discretion.

Intellectual Property Rights

The contents of this Website, including all text, graphics, images, logos, icons, photographs, audiovisual material and other content (“Website Material”) are protected by copyright laws. Copyright in that material is either owned by or licensed to us (including in accordance with these Terms and Conditions).

You may access and view the Website Material for the purpose of your personal use of this Website. Other than for the purposes of your personal use of this Website and except if and as expressly authorised by these Terms and Conditions, you may not, without our prior written permission, in any form or by any means:

  • A, reproduce, store, distribute, print, display, perform, publish or create derivative works from any Website Material;
  • Mirror or frame the Website or any part or page of the Website; or
  • Use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Website Material or generate or compile any document, index or database based on the Website Material.

We make no claim to ownership of the copyright in the individual messages, images, text, photographs and other such content that you post, but if you post such content you:

  • Grant us a royalty-free, perpetual, irrevocable right to use, copy, display and edit that content. You agree that we may do so without attribution of authorship, with or without any other materials. You also grant us the right to use your name and other information that you provide in connection with that content; and
  • Warrant that you have the right to post that material and that in doing so you will not breach any third party’s intellectual property or privacy rights.

We do not pre-screen postings to the Website and to the extent permissible at law we shall not be responsible or liable in respect of such content. Nevertheless, we reserve the right (but disclaim the obligation or responsibility) to monitor content appearing on the Website including in any Group Page. We may remove in our sole discretion any material or content that we determine to be potentially in violation of these Terms & Conditions.

We do not guarantee that we will display or continue to display all content that you or any other users post on the Website or on a Group Page. Also, we reserve the right to edit or abridge content for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

We also reserve the right to modify, suspend or discontinue any Group or the Website in totality.

Security of Information and data and system integrity

You must keep your username and password to access the Website secure and confidential and not provide those details to any third party under any circumstance unless required by law. You accept all liability for any unauthorised use of any username and password issued to you and all activity taking place on a Group that you administer. You may not transfer administration of a Group to another person without our prior written consent.

Disclaimers

We disclaim all representations or warranties of any kind with respect to the Website, its contents, and the goods or services provided by or any actions of any Group Members (including Group Administrators). Any opinions expressed in Group Pages do not represent or necessarily reflect our opinions. We do not represent or warrant that any purported statement of facts appearing on or in relation to any Group will be true or accurate.

You should make your own independent enquiries before determining to use the services of or acquire goods from any Group Member or any of their referrals.

We do not accept responsibility for any loss, damage or distress, however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of the Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.

While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit is at your own risk.

We do not represent or warrant that the Website or any content will be available uninterrupted or error free or that any defects in the Website will be corrected in a timely manner or otherwise.

Although we establish rules for user conduct, to the extent permissible at law we deny any liability in respect of any conduct engaged in by users or others and in respect of content appearing at any Group Page or on the Website generally.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following

  • (a) if the breach relates to goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired and
  • (b) if the breach relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.

In no event will we be liable to you for any special, indirect or consequential loss or damage.

Indemnity

You agree to indemnify us, our directors, representatives, employees and agents against any liability, loss, claim or demand if we/ they suffer any loss or damage or incur any cost in connection with a breach by you of these Terms and Conditions and any other claim relating to your actions, content appearing on the Website/ in a Group Page.

Trade marks

“Meet&Mine”, “&Mine”, “AndMine” and the logo including its logo element separately are trade marks of AndMine Pty Ltd.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us.

You must not use any of our trade marks:

  • in or as the whole or part of your own trade marks;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive; or
  • in a manner that disparages Meet&Mine, AndMine or our products or services, or the Website.
Warnings

You must ensure that your access to this Website is not illegal or prohibited by laws or policies (such as employers’ usage policies) that apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We do not accept any responsibility or liability for any interference or damage to your own computer which arises in connection with your use of this Website or any linked website or service.

Termination of access

We may change or discontinue the Website or particular services or features that we provide at any time. To the extent permissible at law, these changes may be effective upon notice to you and without any remedy.

Access to this Website by any, all or a class of users may be terminated at any time by us without notice. To the extent possible these Terms and Conditions survive such termination.

Miscellaneous
  • If any portion of the Terms and Conditions is found to be void, invalid or otherwise unenforceable, then that portion shall be severed and the remainder shall continue in full force and effect.
  • Our failure to enforce or exercise any right or provisions of these Terms and Conditions shall not constitute a waiver of those rights or provisions.
  • These Terms and Conditions are governed by the law in force in the State of Victoria, Australia. The Courts in that State shall have the exclusive jurisdiction to determine disputes in relation to these Terms and Conditions or any other matter concerning the operation of the Website.
Changes to these Terms and Conditions

We reserve the right to revise these Terms & Conditions at any time; therefore, you should visit this page periodically to review the Terms & Conditions. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms and Conditions as amended.

Date: JANUARY 2015