Terms of Use
1. Purpose
1.1. These are the Terms governing the use of the Service and the agreement that operates between You and Us including each party’s rights and obligations.
1.2. You are deemed to agree to be bound by the Terms by using the Service.
2. Eligibility
2.1. You must be at least 18 years of age to use our Service.
2.2. You agree to abide by the Code of Conduct and all other reasonable behavioural guidelines We communicate to You when participating in the Service.
2.3. You do not need to be a lawyer, law student or part of the legal profession to use our Service; You simply need to share the same passion as Us - creating and fostering genuine relationships.
3. Code of Conduct
3.1. In participating in our Service, You agree to conduct Yourself in a manner that ensures a safe, respectable and professional environment for all participants including Yourself.
3.2. If, during Your participation, You act in a manner that is unsafe or disruptive for You or any of the participants, We reserve the right to refuse, restrict and/or exclude You from using our Service at present and future, without any refund or compensation of any kind, and without providing a reason for Our decision.
3.3. Respectful Behaviour
3.3.1. You agree to treat the participants, attendees, venue staff and all other parties in the vicinity of the place of Service with respect and professionalism.
3.3.2. Behaviours considered not respectful includes but not limited to harassment or threats of any kind are strictly prohibited.
3.3.3. Discriminatory comments or actions based on age, race, gender, ethnicity, religion, disability or sexual orientation will not be tolerated under any circumstances.
3.4. Substance Abuse
3.4.1. Any consumption of alcohol must be done responsibly and within legal limits. You are solely responsible for limiting your alcohol consumption and any liabilities that arise as a result of your consumption. You are required to adhere to the directions of the venue hosts (eg. restaurants, bars, RSA licensed premises) for Your own safety.
3.4.2. If You exhibit signs of intoxication that pose a risk to Yourself and/or others, You understand may be asked to leave the premises immediately and We may terminate our provision of Services to You effective immediately without refund or compensation of any kind.
3.4.3. The use, possession or distribution of illicit drugs during Our Service is strictly prohibited.
3.5. Violence and Aggression
3.5.1. Physical violence, aggressive behaviour or damage to property is strictly prohibited and may result in immediate removal of the premises.
3.6. In the event of an actual, suspected or anticipated breach of this Term, We reserve the right to remove or restrict Your involvement in the Services, notify law enforcement, authorities, emergency services and/or take legal action to protect the safety and well-being of our guests. You hereby indemnify us on demand for all losses, costs, expenses and damages we suffer as a result of your breach of this Term.
4. Medical Fitness
4.1. By using Our Service that requires You to be medically fit such as in circumstances where recreational activities are involved, You acknowledge and agree that You are medically fit to participate in the event or activity and do not have any medical condition that could pose a risk to yourself or others. Examples of medical conditions include but are not limited to:
4.1.1. Serious illnesses or conditions (e.g. heart conditions, epilepsy, etc);
4.1.2. Recent surgeries that may limit physical activities;
4.1.3. Severe food allergies or dietary restrictions (if applicable); or
4.1.4. Pregnancy or any other conditions that may require special precautions.
4.2. You understand that You may be excluded from using Our Service if You are deemed unsuitable to use our Service, in accordance with clause 4.1.
4.3. Notwithstanding clause 4.1, You understand that recreational activities include sports, leisure activities and activities involving significant physical exertion or physical risk that are undertaken for recreation, enjoyment or leisure or as otherwise defined by law. You acknowledge that recreational activities are by their nature risky and can result in physical injury, death, triggering or worsening of medical conditions, mental harm or distress, and damage to property.
4.4. You agree that if You are unsure of Your fitness to use the Service, You will inform Us in writing of any medical conditions or other circumstances which would preclude or impact Your participation in the Service. You acknowledge that We are not medical professionals and are not fit to provide medical advice, treatments and opinions. We encourage and advise You to seek Your own professional medical advice.
4.5. No Liability
4.5.1. We will not be held liable for any health complications, injuries or adverse advents arising from undisclosed medical conditions or from Your participation in the Services.
4.5.2. Where a third party is commissioned by Us to provide wholly or part of Our Service, requires You to sign a waiver form to proceed with that Service,You agree to properly read, understand and sign the waiver form at its entirety. In the event You choose not to proceed with the terms of the waiver form, We reserve the right to refuse Service to You.
4.5.3. Pursuant to the circumstances envisaged by section 139A of the Competition and Consumer Act 2010 (Cth), to the extent permitted by law, We exclude all liability to You for death or personal injury in relation to the supply of recreational activities as part of the Service.
4.6. Refund Policy
4.6.1. You may request for a full refund at least seven (7) calendar days prior to the date of Service, unless expressly stated in the purchase order of the Service.
4.6.2. If you become unfit or unable to attend the Service within less than seven (7) calendar days of the Services, refunds under this clause 4.6.2 are subject to satisfactory documentation at Our sole discretion.
4.7. By participating, You confirm Your understanding and acceptance of this Term. If You have any concerns about Your medical fitness, please consult with a healthcare provider prior to attending.
5. Personal Property
5.1. You are responsible for taking care of Your personal property while participating in the Service and for insuring it against all loss or damage. We exclude all liability for loss or damage to property arising in connection with the Service, to the extent permitted by law.
6. Right of Supplier
6.1. We reserve the right to refuse or deny Your attendance and participation at Our Service, before or during the Service. If We choose to exercise Our right under this clause before the Service, We shall refund the tickets (excluding booking fees) to Your nominated account.
6.2. We reserve the right to change the location of the venue within reasonable proximity due to unexpected change in weather forecasts, booking issues with the venue.
6.3. We reserve the right to postpone or cancel any scheduled Services for reasons including but not limited to adverse weather conditions, illness of a facilitator, unavailability of a venue, or other circumstances beyond our control. Where we postpone or cancel an activity, we will use our best efforts to notify You as soon as possible and either reschedule the event or provide a refund at Our discretion.
6.4 We reserve the right to discount our tickets to promote our Services. This may be done by written offers distributed throughout our marketing channels. Offers may also be made verbally through our Volunteers. Discounts cannot be applied retrospectively.
7. Third Parties
7.1. From time to time, We may incorporate activities or events provided by other third parties i.e. companies or individuals which are not related to Us, which are incorporated in the Service, such as outdoor physical activities, workshops and events (Third Party Activities).
7.2. Participation in Third Party Activities may be subject to additional terms required by the third party such as contract terms, liability waivers, consents, and other conditions. You acknowledge and agree that when these apply You will be bound by them. If You do not wish to be bound by any third party term You must notify us in writing prior to participating in the Third Party Activity. Please note refusal to be bound by the third party terms may result in suspension or termination from the Service.
7.3. We are not responsible or held liable for any of our third parties’ acts, omissions or conduct that result in any loss You may suffer. We are also not responsible for the quality, timeliness, and completeness of the Third Party Activities.
8. Limited Liability
8.1. To the extent permitted by law, our aggregate liability to You for any loss, damage or injury in connection with these Terms, however arising, in tort (including negligence), under any statute, custom, law or any other basis shall be limited to the price paid by You for the Service.
9. Excluded Services
9.1. Given the nature of Our Service, from time to time participants may choose to engage socially with each other during and after the Service, whether by digital means, in person, or at events or gatherings (“Excluded Services”). Excluded Services which are not organised by Us, but which We attend are outside Our control and are not facilitated, managed or supervised by Us. You acknowledge and agree that We have no liability whatsoever in relation to the Excluded Services and any other engagement You may have with participants in Our absence.
10. Conduct of Volunteers
10.1. We may incorporate volunteers who choose to commit their time to assisting in the delivery or facilitation of events, activities, or interactions. You acknowledge that our volunteers are untrained and are not acting in a professional capacity when engaging in the Services. You agree not to rely on any advice received from volunteers or any other actions or omissions by volunteers other than those expressly authorised and endorsed by Us.
11. Intellectual Property
11.1. All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on this Website are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by Us and/or Our suppliers, as the case may be.
12. Media Release
12.1. By enrolling in the Service, You grant Us the right to use Your name, likeness, voice, and image in any photographs, videos, or other media taken or recorded during the Service. You also grant Us the right to edit, use, and reuse any such media for promotional or marketing purposes including on our website and social media, without further compensation or notice to You. If You do not wish to be included in any such media, please notify us in writing prior to the start of the Service, at hello@legalmixer.com.
13. General
13.1. Governing Law: These Terms are governed by the laws of Sydney, New South Wales, Australia and disputes shall be subject to the exclusive jurisdiction of the courts of New South Wales.
13.2. Severability: If any provision of this Term is deemed invalid or unenforceable by a Court of Law, that provision will be ineffective to the extent of the invalidity or unenforceability without invalidating or affecting the remaining provisions of this Terms, unless it materially alters the nature or material terms of this Term.
13.3. Assignment: You may not assign, transfer, or deal with its rights or obligations under these Terms without our prior written consent.
13.4. Variation: You understand the Terms may be varied from time to time and shall apply to You with immediate effect.
13.5. Entire Agreement: This Term constitutes the entire agreement between us and supersede all prior agreements, communications and understandings.
14. Interpretation
In this Terms of Use (Terms), unless the context otherwise requires:
14.1. a reference to any statute, regulation, rule or similar instrument includes any consolidations, amendments or re-enactments of it, any replacements of it and any regulation or other statutory instrument issued under it;
14.2. a reference to the singular includes the plural number and vice versa;
14.3. a reference to a gender includes a reference to each gender;
14.4. includes means includes but without limitation;
14.5. where a word or expression has a defined meaning, its other grammatical forms have a corresponding meaning;
14.6. headings are for reference only. They do not affect the meaning or interpretation of this Term;
14.7. a reference to ‘$’ or dollars is a reference to an amount denominated in Australian dollars;
14.8. a reference to a time or times are references to the time in Sydney, New South Wales.
15. Definitions
15.1. Loss means any loss, damage, costs, debts, fine, charges, outgoing, expenses of whatever description (including interests), diminution in value or deficiency of any kind or character which a party pays, suffers or incurs or is liable for.
15.2. RSA stands for Responsible Service of Alcohol.
15.3. Service means the events and initiatives organised by Us.
15.4. We, Our and Us means The Legal Mixer (ABN 79 161 803 242).
15.5. Website means the authorised website domain operated by Us.
15.6. You means the User of this Website and Service.