Terms & Conditions
These terms and conditions (Terms and Conditions) apply to each Member or Guest using this Site and by participating on the Site, whether as a Member or Guest, you agree to be bound by these Terms and Conditions.
1. Definitions and Interpretations
"Business Day" means a day on which banks are open for general business in South Australia other than a Saturday, Sunday or public holiday.
Confidential Information means information that:
(a) is by its nature confidential;
(b) is designated by us as confidential; or
(c) the receiving party knows or ought to know is confidential.
"GST" has the meaning given to it in A New Tax System (Goods and Services Tax) Act 1999.
"Guest" means a person who is not a Member but who is visiting the Site.
“Information Exchange” means the communication of relevant information between Members of the Site.
“Intellectual Property Rights” means all intellectual property rights at any time recognised by law, including:
(a) patents, copyright, circuit layout rights, registered designs, trademarks, business names, moral rights and any right to have Confidential Information kept confidential; and
(b) any application or right to apply for registration of any of the rights referred to in paragraph (a).
"Member" means a person who has paid the fee to become a member of the Site for the relevant term.
"Site" means the website https://www.elevatewomen.com.
"Third Party" means persons other than yourself and us.
"User" means a person who participates on the Site.
"We and us" means Elevate Women Pty Ltd ACN 140 313 908.
"Your Information" means any information you provide to us or other Users.
In these Terms and Conditions, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a clause, paragraph, schedule or annexure is to a clause or paragraph of, or schedule or annexure to, these Terms and Conditions, and a reference to these Terms and Conditions includes any schedule or annexure;
(d) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(e) a reference to A$, $A, dollar or $ is to Australian currency;
(f) a reference to time is to South Australia, Australia time;
(g) a reference to a party is to a party to these Terms and Conditions, and a reference to a party to a document includes the party's executors, administrators, successors and permitted assigns and substitutes;
(h) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(i) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re enactments or replacements of any of them;
(j) a word or expression defined in the Corporations Act 2001 has the meaning given to it in the Corporations Act 2001;
(k) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions; and
(l) if a day on or by which an obligation must be performed or an event must occur is not a Business Day, the obligation must be performed or the event must occur on or by the next Business Day.
Users of the Site
1.1 You must be at least 18 years of age to obtain membership or submit any information through the Site.
1.2 This Site may be used only for lawful purposes relating to information relating to an Information Exchange. We specifically prohibit any use of the Site for any purposes other than those designated by us, including but not limited to:
(a) the storage of information, data, or files related to pornography, gambling, alcohol, weapons, or software or other intellectual property piracy;
(b) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
(c) taking any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.
(d) disclosing or sharing any passwords with any Third Parties;
(e) using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the commonly recognized search engine and search agents, and other than generally available Third Party web browsers;
(f) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
(g) aggregating, copying or duplicating in any manner any of the Site’s content or information available;
(h) framing or linking to any of the Site’s content or information available at the Site;
(i) collecting or attempting to collect any information of other, including passwords and account or other information, or providing to or transmitting through the Site any material that is unlawful or violates the rights of others;
(j) copying or adapting any dynamic code we create to generate for the Site;
(k) infringing the Intellectual Property Rights of others in any way;
(l) making any unauthorized commercial use of the Site;
(m) using Members’ contact details for any purpose other than for the purposes set out in these Terms and Conditions.
1.3 Users are prohibited from violating or attempting to violate the security of the Site, including but not limited to:
(a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
(c) attempting to interfere with service to any Member, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mailbombing or crashing;
1.4 Violations of network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
1.5 You use the Site at your own risk.
1.6 We reserve the right to restrict or terminate your access to the Site or any feature or part of the Site at any time without notice.
Membership is not available to persons under 18 years of age.
(a) To become a Member, individuals must:
(i) provide all the information required; and
(ii) pay the fee.
(b) Unless otherwise specified by us, the prescribed annual fees is exclusive of GST and applicants must also pay an amount equal to GST and any other taxes or duties payable when paying the fee.
(c) Payments must be made via the PayPal payment facility on the Site.
You are not permitted to transfer or assign your membership.
2.4 Membership Renewal
Membership will not be automatically renewed. We will notify you near the end of the term that your membership will need to be renewed. You must pay the prescribed fee in order to renew your membership or your account will be suspended.
We can terminate your membership at any time and without refunding the fee if:
(a) you are deemed by us in our sole discretion to have breached any of these Terms and Conditions;
(b) we are unable to verify or authenticate any information you provide to us;
(c) we believe that your actions are likely to cause a legal liability for us or others; or
(d) we consider it to be reasonable and necessary for any reason.
2.6 Cancellation of Membership
You may cancel your membership to the Site for any reason by informing us in writing. No refund will be given for cancellation of membership.
Rules for Members
3.1 Code of Conduct
(a) are to behave in an ethical and polite manner at all times;
(b) are not to use abusive, offensive or defamatory material either in connection with the Site in any way whatsoever.
It is your responsibility to ensure that your user name and password are secure. You agree:
(a) not to allow any other person to use your user name or password; and
(b) you also agree not to disclose your user name or password to anybody.
3.3 Your Information
You warrant that Your Information is accurate and correct. Furthermore, Your Information must not:
(a) be false, inaccurate or misleading;
(b) be fraudulent;
(c) infringe any Third Party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, criminal law, ant-discrimination or trade practices/fair trading laws);
(e) be defamatory, libellous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography or, be otherwise adult in nature or harmful to or illegal for access by persons under the age of 18 years;
(g) contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
(h) create a liability for us in any way; or
(i) link directly or indirectly to websites that you do not have a right to link to or that it would be unlawful for you to link to.
You agree not to register for membership under any other name but your own name.
You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in Your Information.
Limitation of Liability
Except where otherwise stated, the following terms apply to all Users.
4.1 Mere Facilitator
(a) The Site acts as a venue to allow Members to offer information to other Members.
(b) We have no control over the:
(i) quality, safety or legality of the offers or content posted or provided on, via or in connection with the Site; or
(ii) the truth or accuracy of information given by other Members.
(c) We do not represent that a Member will act lawfully or reasonably when using the Site.
4.2 Information Control
(a) We do not control, endorse or approve the items, information or content provided by other Users made available in connection with the Site. You may find other Users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there may be a risk of dealing with underage persons or people acting under false pretence.
(b) We are not responsible for any material posted on the Site by Members or Third Parties.
(c) We recommend that you verify the accuracy of information provided in connection with the Site by making independent enquiries, including contacting the Member and any referees they have nominated.
4.3 No Warranty
(a) We provide the Site and services on an "as is" basis and without any warranty or condition, express, implied or statutory.
(b) To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
(c) We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside our control.
4.4 Limitation of Liability
(a) To the fullest extent permissible at law, we, our affiliates and related entities expressly limit our liability to you in connection with the Site (including without limitation its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation) to $100 (or in the case of a Member to the greater of $100 and a refund of the fees paid by the Member in the 12 months prior to the action giving rise to liability).
(b) In no event shall we, our affiliates or related entities be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our services or these Terms and Conditions.
(c) You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities have no responsibility for the legality or otherwise of the actions of any of its Members or Guests.
(d) Notwithstanding the above provisions, nothing in these Terms and Conditions is intended to limit or exclude any liability on the part of us, our affiliates or related entities where and to the extent that applicable law prohibits such exclusion or limitation.
4.5 Release and indemnity
(a) If you (or any of your associates or related parties) have a dispute with one or more Members or Guests, you (and your associates and related parties) release us (and our officers, directors, agents, affiliates, parents, subsidiaries and employees) from all claims, demands and damages (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, foreseen or unforeseen, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. Without limiting the foregoing, we accept no responsibility for any loss in connection with an Information Exchange.
(b) You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, foreseen and unforeseen, suspected and unsuspected, disclosed and undisclosed, including reasonable solicitors' fees, made by any Third Party, Guest or Member due to or arising out of your wrongful conduct, including without limitation your breach of these Terms and Conditions, your negligent conduct or your violation of any law or the rights of a Third Party.
4.6 Member or Guest general dissatisfaction
At no time will we be liable in the event that a Member is unhappy or dissatisfied with any advice or information obtained from or in connection with the Information Exchange.
4.7 User ID
We cannot and do not confirm the purported identity of any Member, website linked to the Site or other Users.
4.8 Additional Terms and Conditions
(a) We make no claims that the Site content may be lawfully viewed or accessed in any specific jurisdiction.
(b) These Terms and Conditions, the Site’s privacy statements, and any other relevant documents and agreements constitute the entire agreement between you and us.
Any of these Terms and Conditions can be modified in any way and at any time by us in our absolute discretion.
5.2 No agency
You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
Except as explicitly stated otherwise, any notices shall be delivered to the email address you provide to us during the registration process. Alternatively, we may give you notice by certified airmail, postage prepaid and return receipt requested, to the address provided to us during the registration process, or as updated by you as relevant.
You agree to retain the confidentiality of all Confidential Information provided to you by another Member.
We do not waive a right, power or remedy if we fail to exercise or delay in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by us.
The provisions of these Terms and Conditions are severable, and if any provision of these Terms and Conditions are held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced.
You agree that these Terms and Conditions may be automatically assigned by us, in our sole discretion, to a Third Party in the event of a merger, acquisition or disposition.
5.8 Governing law
These Terms and Conditions are governed by the law of South Australia and you irrevocably and unconditionally submit to the non exclusive jurisdiction of the courts of South Australia.