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.
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”).
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:
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.
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).
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).
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;
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.
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).
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.
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.
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:
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:
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.
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.
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
In no event will we be liable to you for any special, indirect or consequential loss or damage.
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.
“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:
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.
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.
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