terms and conditions
In completing the membership application form registering to participate in events listed on www.mysocialcircle.com.au, I do hereby declare that I have read, understood, and accepted the following:
- In these Terms and Conditions:
“My Social Circle” means the legal entity, individual or sole trader trading as “My Social Circle (ABN 48 490 996 687)” from time to time and, where the context so permits, its respective directors, officers, employees, contractors, servants or agents.
"Event" means performing or participating in any capacity in any authorised or recognised My Social Circle activity. Such activities may include, but shall not be limited to, sport and recreational activities, social events, charity events, educational events, business events and personal development events.
"Claim" means and includes any action, suit, proceeding, claim, demand, damage, cost or expense however arising including but not limited to negligence but does not include a claim against a My Social Circle under any right expressly conferred by its constitution or regulation.
- Membership: In applying for membership, this document shall form a binding contract and I will be a member of My Social Circle on the Terms and Conditions set out in this document. I acknowledge that I will be bound by and agree to comply with the rules applying to the Events and the regulations, policies and directions of My Social Circle as amended from time to time. I acknowledge that My Social Circle reserves the right to cancel my membership at anytime if I fail to comply with the rules applying to the Events or the regulations, policies and directions of My Social Circle; or if my conduct is unbecoming a member of My Social Circle or brings My Social Circle into disrepute. I acknowledge and agree as part of my membership, I shall participate in the Events entirely at my own risk.
- Assignment: I acknowledge and agree that My Social Circle may at any time assign this contract to any person or legal entity but that I may not assign or transfer my membership contract to another person.
- Payment: I acknowledge that any monies paid by me to My Social Circle do not include any personal accident, or other type, of insurance.
- Event Participation: In registering to participate in my chosen Event(s), I acknowledge:
- My Social Circle does not certify or confirm the qualifications of any of its members to lead or participate in trips. No warranty is implied or intended. I will not participate in an Event that I do not feel comfortable with prior to its beginning.
- Where applicable, all Events must be paid in full upon registration. My place at the event is not confirmed until full payment has been received. Events will be paid by transfer from my Bank Account or by credit card payment via PayPal. No other payment methods are accepted.
- I understand that I am at all times responsible for my own safety when participating in an Event. I expressly agree and promise to accept and assume all of the risks existing in an Event. My participation in this activity is purely voluntary, and I elect to participate in spite of all known and unknown risks.
- The Events can be inherently dangerous. I acknowledge that I am exposed to certain risks during the Events and that accidents can and often do happen which may result in me being injured or even killed, or my property being damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks in participating in the Events.
- In participating in my chosen Event(s) I, to the extent permitted by law:
- release and will release My Social Circle from all Claims that I may have or may have had but for this release arising from or in connection with my participation in this Event; and
- indemnify and will keep indemnified My Social Circle in respect of any Claim by any person arising as a result of or in connection with my participation in any the Events.
- I declare that I am medically and physically fit and able to participate in the Events. I will immediately notify My Social Circle in writing of any change to my medical condition, fitness or ability to participate. I understand and accept that My Social Circle will continue to rely upon this declaration as evidence of my fitness and ability to participate.
- I consent to receiving any medical treatment that the My Social Circle reasonably considers necessary or desirable for me during my participation in the Events. I also agree to reimburse the relevant Active Spirit for any costs or expenses incurred in providing me with medical treatment.
- At all times I shall conduct myself in my relations with other Members, Participants or their guests or the General Public or Third Parties in a responsible and careful manner. Participants failing to behave correctly may be expelled, suspended or prevented from continuing with an Event.
- I will drink responsibly and not drive if inebriated. I understand that illegal drug usage is prohibited.
- Event Cancellation and Refund Policy: I acknowledge that the following conditions apply to cancellation of any Event(s) that I have registered for:
- If I need to withdraw from an Event, I will contact My Social Circle as soon as possible. I understand that regularly withdrawing from an Event at late notice or simply not turning up may impact my ability to participate in future Events.
- For premium, or 'ticketed' events, if I cancel my attendance at an Event giving at least 7 days notice I will receive a refund, less a $5 administration fee. If I cancel within 7 days of the Event, no refund will be given unless My Social Circle is able to find another person to attend in my place. If my place is filled, I will receive a refund, less a $5 administration fee. There is no refund for 'non-ticketed' Events.
- Some events are subject to minimum numbers, or weather conditions. In the instance that an Event does not go ahead only the people registered for the Event will be notified. The registered participants will receive a full refund if My Social Circle has cancelled the event.
- Where cancellation arises and is the fault of the supplier of an Event, the Terms and Conditions of that supplier shall apply. My Social Circle will make a reasonable effort on participants' behalf to recover payment for the Event, but shall not be obliged to commence legal proceedings.
- My Social Circle gives no warranty that the provider of an Event will accept your booking or application or that such provider will not cancel or vary the Event.
- Exclusion of Implied Terms: I acknowledge that where I am a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. I acknowledge that these implied terms and rights and any liability of My Social Circle flowing from them, are expressly excluded to the extent possible by law, by this membership declaration. To the extent of any liability arising, the liability of My Social Circle will, at the discretion of the relevant My Social Circle, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services supplied again.
- Right to Use Image: I acknowledge and consent to photographs and electronic images being taken of me during my participation in any the Activities. I acknowledge and agree that such photographs and electronic images are owned by My Social Circle and it may use the photographs for promotional or other purposes without my further consent being necessary. Further, I consent to My Social Circle using my name, image and/or likeness at any time, by any form of media, to promote My Social Circle and/or the Events.
- Privacy: I understand that the information I have provided in this membership declaration is necessary for the objects of My Social Circle. I acknowledge and agree that the information will be disclosed by My Social Circle only to pursue its objects, general business and to provide me with membership services. I understand that I will be able to access the information on request. If the information is not provided my membership application may be rejected. I acknowledge that My Social Circle may also use my personal information for the purposes of providing me with promotional material from My Social Circle’s sponsors or third parties. I may advise My Social Circle if I do not wish to receive any sponsor or third party promotional material.
- Severance: If any provision of these Terms and Conditions are invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction.
- Governing law: These Terms and Conditions shall be construed in accordance with and governed by the laws of Victoria, Australia, and the parties submit themselves to the jurisdiction of the courts in that state.
- Change to Service: My Social Circle reserves the right to alter any aspects of their service at any time without notice and that that these Terms and Conditions may be amended from time to time, in which case I shall be notified of such changes should they have an impact on my participation in Events or involvement as a member of My Social Circle
I warrant that all information provided to My Social Circle is true and correct. I have read, understood, acknowledge and agree to the above terms including the warning, exclusion of implied terms, release and indemnity.