Sophistakatz Events Terms & Conditions

Sophistakatz Events TERMS & CONDITIONS and CODE OF CONDUCT

This Agreement describes the terms and conditions applicable to your use of the Sophistakatz Events service. The Service is operated by Sophistakatz Events of PO Box 358, Midland. WA 6936.

1. TERMS USED IN THIS AGREEMENT

Agreement - Means this agreement and includes the Code of Conduct and the Privacy Policy;

Annual Fee - Means the 12 month membership fee applicable to Regular Members;

Code of Conduct - Means the rules of behaviour that are expected of Sophistakatz Events members and participants;

Data Protection Policy - Means our policy for dealing with your personal data;

Event - Means a meeting of Members organised by us;

Fees - Means the appropriate Annual Fee (if any) plus the Reservation Fees and are inclusive of GST;

Forums - Means chat rooms, discussion groups, feedback channels, news groups or any other facility provided by Sophistakatz Events from time to time that affords the exchange of opinions and messages that appear in the public domain;

Invitation - Means our asking you to an Event;

Registration Form - Means the Service application form which can be completed on the Sophistakatz Events website, by email, by telephone, by fax or by mail;

Reservation - Means we have allocated a place for you at an event organised by Sophistakatz Events which will be confirmed once all places for that event have been filled;

Service - Means the social and networking service which we provide to you by arranging Events (usually restaurant dinners) for groups of (usually six) individuals who have not (usually) previously met. Initial Sophistakatz Events will be held in Perth for groups of 3 men and 3 women;

Venues - Means the place or places where Sophistakatz Events will be held. These include, but are not limited to: restaurants, clubs, hotels, resorts, and recreation areas.

Website - Means www.sophistakatz.com.au;

We (and related expressions like us and our) - Refer to Sophistakatz Events.

2. WHO CAN USE THE SERVICE?

You must be at least 18 years of age to use the Service and you first need to register with us.

3. REGISTRATION

3.1 Registration is free and is without any obligation to subsequently become a Member.

3.2 If you complete the Registration Form and register with us, you agree:

3.2.1 to provide all information which we reasonably require from you to provide the Service and that it is accurate, complete and you will keep it up to date;

3.2.2 that we can take steps to verify the information which you have supplied (although we do not do this as a matter of course);

3.2.3 generally to keep us informed of any matters which relate to you and may have an effect on our ability to provide the Service.

3.3 We may, in our sole discretion, refuse any application for registration or membership without explanation.

4. WHEN THE SERVICE STARTS

Upon successful Registration we may contact you periodically to invite you to participate in Sophistakatz Events. You may also reserve a place at a Sophistakatz Event on our website, by email or fax at any time and by phone during our office hours. You have no obligation to accept invitations or to reserve places at Sophistakatz Events and you are not a full Member of Sophistakatz Events until you have paid an Event and or Membership Fee.

5. WHEN YOU BECOME A MEMBER, MEMBERSHIP OPTIONS AND FEES

5.1 The first time that you accept an Invitation we will offer you membership.

5.2 We offer the following membership options which are explained more fully on the Website:

5.2.1Regular Member Single $125 Annual Fee and $25 per Event Reservation

5.2.2 Regular Member couple or family - $220 Annual Fee and $40 per Event Reservation

5.3 Unless we notify you otherwise, you are responsible for payment of all other costs which you may incur in attending any Event. We will not offer an Event Credit for Reservation Fees paid for Events which you do not attend unless you give us at least three clear working days' notice of cancellation. If a refund is requested in lieu of an Event Credit (where applicable), a administration refund processing charge of $15.00 per event will apply. Furthermore, we reserve the right to apply a late cancellation fee of up to $25 for cancellations where less than 36 hours of notice is given. This will be in addition to any event fees already paid. Members who cancel more than two events with less than 36 hours notice may also have their membership terminated.

5.4 We reserve the right to alter the Fees upon 30 days' notice to you, or to provide alternative membership options, in the future. You will be notified of any changes and can terminate if we increase the Fees (see clause 12.3.2)

5.5 In the event your Account is deleted or Membership terminated, either through your own request or because you have contravened the terms of use of the Site, no part of the fee you have paid will be refunded and the Membership time may not be transferred to any other User, whether existing or new.

6. PASSWORD SECURITY

As part of the Registration process you are entitled to create your own private Username and Password as well as security question and answer. We may also issue you with a password. You are solely responsible for maintaining the confidentiality of your password and username as well as security question and answer and are fully responsible for all activities facilitated by your password or username. You must immediately notify us of any disclosed or unauthorised use of your password or username.

7. INTELLECTUAL PROPERTY

All intellectual property rights and goodwill relating to the Sophistakatz Events Service and Website belong to us or third party licensors. You may only download and print extracts from the Website for your own use. You must not remove or alter copyright and other proprietary notices contained in the Website and may not commercially exploit the Website (or any part of it) in any way.

8. DATA PROTECTION

We will only use any personal information which you provide to us in accordance with our Data Protection Policy. The complete terms of our Data Protection Policy form a part of this Agreement and it is important that you read and agree to it. The Data Protection Policy follows after these terms.

9. "FORUMS"

We do not verify or assume any responsibility for the completeness or accuracy of the content provided in the Sophistakatz Events Forums or the content of anything you or any other party may post on the Website. We may remove any such content without notice if we think it is defamatory, offensive or otherwise illegal. However, we do not monitor the content as a matter of course, and therefore do not accept responsibility for such content.

10. OUR STANDARDS

10.1 We warrant that we will:

10.1.1 provide the Service with reasonable care and skill;

10.1.2 use any data which you supply to us solely for the purposes of providing the Service;

10.1.3 not disclose personal data which you supply to us for the Service to any third party unless we need to in order to provide the Service;

10.1.4 comply with all requirements of the Privacy Act 1998.

10.2 Apart from the terms set out above, no conditions, warranties or other terms apply to the Service. In particular:

10.2.1 whilst we take all reasonable steps to ensure that Events are well attended we cannot guarantee this;

10.2.2 we cannot guarantee the compatibility of all individuals who attend Events; and

10.2.3 please note that we do not vet our Members on the basis that Events comprise group meetings in a public place.

10.2.4 Although we take all reasonable steps to ensure that the quality of food, and levels service and other necessary elements of selected venues are of a high standard, as these are usually independently owned and operated establishments, we cannot guarantee any particular level of service or quality of product delivered at the time of use.

11. YOUR STANDARDS

11.1 You must comply with the Code of Conduct and the terms of this Agreement. You must not use the Website or the Service to:

11.1.1 upload, post email or otherwise transmit any unsolicited or unauthorised advertising, or promotional material;

11.1.2 publish, post, distribute or discriminate any defamatory, infringing, obscene, indecent or unlawful material or information or abuse, harass, threaten, or otherwise breach the legal rights of others;

11.1.3 breach any applicable regulations, rules or statutory provisions.

11.2 You will comply with all applicable laws, statutes, and regulations regarding your use of the Service.

11.3 Sophistakatz Events sends important notices by e-mail (Event Confirmation, Postponed Event, Invitations, Renewal Notices, Service Development Notices, and others) and that any e-mail notice sent will be deemed delivered when the message has been sent to the e-mail account that you provided.  Some email users have anti spam filters set for their email account that may prevent the e-mails sent by our automated systems from reaching them.  It is your responsibility to allow our communications to by-pass any e-mail filter or any software that prevents our notices to reach your e-mail account.  It is also your responsibility to keep your contact and email information updated in order to receive all notices sent by Sophistakatz Events.

12. TERM AND TERMINATION

12.1 This Agreement starts when we accept your registration and continues:

12.1.1 if we are unsuccessful in organising events that you are eligible to attend, until 6 months after successful registration; or

12.1.2 until the anniversary of the date that you become a Member. We will notify you before this date to ask you whether you wish to renew your membership.

12.2 We may terminate this Agreement:

12.2.1 immediately if we believe that you have breached this Agreement (which includes the Code of Conduct in which case we have no obligation to refund any Fees);

12.2.2 at anytime upon one month's notice in which case we will refund pro rata the Annual Fee (if any) and any Reservation Fees relating to future Events.

12.3 You may terminate this Agreement:

12.3.1 within 7 working days starting from the day after your registration is successful (which you should presume is at least 7 working days after you apply unless you hear otherwise). However, if you accept an Invitation and become a Member within this period you will lose this right to terminate. 

12.3.2 upon 10 days' notice to take effect from any increase in our Fees.

12.3.3 at any time upon one month's notice in which case we have no obligation to refund any Fees.

12.4 Rights of termination under this clause 12 shall be without prejudice to any other rights of termination whether subsisting by virtue of this Agreement or otherwise (including rights of termination arising at common law) and such termination shall not be taken to waive the right to assert or exercise any such rights.

13. LIMIT OF LIABILITY

13.1 Nothing in this Agreement excludes our liability for personal injury or death caused through our negligence or the negligence of our employees, servants or agents;

13.2 Subject to Clause 13.1:

13.2.1 our maximum aggregate liability to you in respect of any claim associated with this Agreement shall be limited to the higher of 150% of the total Fees paid or payable by you in the 12 month period preceding the claim or $500;

13.2.2 we will not be liable to you for delays and failures in the Service resulting from causes beyond our reasonable control, for any indirect or consequential loss; loss of business, capital, profit, reputation or goodwill.

13.2.3 we are not responsible for: (i) any inaccuracies or errors in information or content, whether caused by equipment or programming anomalies, or by any human or technical error; (ii) this also extends to any interruption or defect in the operation or transmission of data or communications links, including theft or destruction or unauthorised access or alteration of data records; (iii) any corrupted, lost or unintelligible or incomplete data entries caused by customer, operator or equipment and/or network errors or failures.

13.3 Any link (be it a hypertext link or other referral device) used on the Website is provided solely for your use and convenience. The link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked Website. We are not responsible for the content of any websites that have links with the Website or for the legal consequences of your entering into any contracts with the third parties that have these linked web sites and we do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.

13.4 We may, from time to time, use cookies which are packets of information stored on your PC through your browser, and other technologies, as they become available, to improve the performance of certain Sophistakatz Events pages and/or enhance and customise our service to you.

14. GENERAL

14.1 This Agreement constitutes the entire agreement between you and us and governs your use of the Service.

14.2 We may assign this Agreement without your consent. However, due to the nature of this Agreement you cannot assign it (or any part of it) to anyone else.

14.3 We reserve the right to change the terms and conditions of this Agreement at any time. Any such change in terms and conditions will be effective once reflected in the text of this Agreement and published on the Website. We will e-mail you a copy of any revised terms. We also recommend that you check these terms and conditions periodically to ensure that you are aware of and complying with the current version. Your continued use of the Service will signify your acceptance of the changed terms.

14.4 We will take reasonable endeavours to keep the information which you provide to us confidential unless disclosure to a third party (such as another Member) is required in order for us to provide the Service. This obligation of confidentiality does not apply to any information which: is publicly known (or becomes publicly known (other than by breach of this Agreement)) which was already known by that other party; or which we are obliged to disclose by law.

14.5 You can contact us at the address given at the top of this Agreement, by e-mail at enquiries@sophistakatz.com.au or by telephone on (08)9379 3503 or by facsimile on (08)9379 3503. We will contact you by e-mail, fax, post or telephone, using the details which you give on the Registration Form. All notices given under this Agreement must be in writing.

14.6 A person who is not a party to this Agreement has no right to enforce any term of this Agreement.

14.7 The interpretation, construction, effect and enforceability of this Agreement shall be governed by Australian  law and both parties agree to submit to the exclusive jurisdiction of the Australian courts for the determination of disputes.

CODE OF CONDUCT

The purpose of the Sophistakatz Events Code of Conduct is to ensure that all members have an enjoyable experience while participating at a Sophistakatz Events event. This code is not intended to be constraining, but to remind some members who may inadvertently or otherwise overlook the importance of respecting their fellow members, that certain minimum standards of behaviour are expected by other members as well as the management of Sophistakatz Events.

a. Sophistakatz Events members are expected to arrive on time. Members must inform the restaurant/venue directly as well as Sophistakatz Events on (08) 9379 3503 of their late arrival time, or their inability to attend. Failure to attend events without sufficient notification may result in further penalty fees and charges.

b. Members are expected to observe the Sophistakatz Events cancellation policy and to respect other members by providing as much notice as possible so that a substitute diner can be contacted.

c. As a courtesy to fellow members, it is suggested that members will refrain from smoking during the meal/event if requested.

d. It is recommended that members enjoy alcohol in moderation for their own well-being and for the benefit of fellow members.

e. The wishes of fellow members must be respected at all times. In particular, should a member prefer not to reveal their personal particulars, contact number etc, this should be honoured.

f. Members are asked to refrain from using sexist, racist or offensive language or behaviour.

g. Members may not use Sophistakatz Events for the purpose of direct selling of any goods or services unless the event has been specifically established and approved for the purpose of business exchanges and sales and that all participants are clearly aware of this. Members who violate this requirement or who engage in the transmission of unsolicited email or other correspondence will have their membership terminated.

To sum up, courtesy and respect for your fellow members should be observed by all members at all times.

Any member who is reported as having behaved in a manner contrary to the Sophistakatz Events Code of Conduct, particularly on a repeat basis, may have their membership terminated.