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Terms and Conditions

Terms and Conditions
Updated: 27th October 2023

Terms of Service

1. GENERAL

These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and Mojo Mingle ABN 54136792559 c/o Sarah Rus PO Box 5162, East Geelong, Victoria, Australia, governing your access and use of this website (Collectively, “Site”) and at our events or Services with us.

The collection and use of personal information is in connection with your access to and use of the Site as described in our Privacy Policy which can be accessed here: https://www.mojomingle.com.au/privacy-policy/

We reserve the right to change these Terms of Services, or the website or content contained within this Site at any time with or without any notice to you nor giving any explanation for such change.

Mojo Mingle gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Site.

1.1 The Services.

The services offered by Mojo Mingle are contained within this Site and domains and all the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”) and includes all the Services available on or through these Sites.

Services include memberships, social events (at 3rd party venues), workshops and talks (in collaboration with 3rd party facilitators), facilitation, coaching and content available through the platform.

Our Services are outlined below:

Services

https://mojomingle.com.au/work-with-me/

Experiences

Dinners / Outdoor Adventures / Indoor Activities / Games Nights / Workshops / Virtual Events

Coaching Memberships

Free / VIP Monthly / VIP Annual

Workshops & Talks

Personal Development / Dating Talks

Coaching

Online Courses / Online Resources / Blogs / 3rd Party collaborations

Matching

Peer matches / Offline Valentine / Dating By Design

Introductions

Coordinate meetings

Forwarding details

Post event. Via feedback form.

1.2 Contracting Party.

For purposes of these Terms of Service Mojo Mingle shall be referred to as “us,” “we” or “our.”

2. TERMS OF SERVICE.

2.1 Terms of Service Agreement.

The following pages contain our Terms of Service Agreement (“Terms of Service”). These Terms of Service govern all our Services, subject to your acceptance without modification of these Terms of Service. In addition to the Sections below, these Terms of Service include and incorporate by reference the following agreements, terms, policies, requirements, and guidelines. Our Privacy Policy is available here: https://www.mojomingle.com.au/privacy-policy/ 

3. ACCEPTANCE

These Terms of Service are effective upon your Acceptance by using this site unless terminated. Membership is not required to attend our social events and experiences. Membership is not required to attend our social events and experiences. Regardless, you are bound by the Terms of Service and your attendance implies a consent to our rules contained herein. Furthermore, you may enter a binding contract with Mojo Mingle when you sign up for a membership account by clicking “Get Started” or similar buttons.

4. Modifications.

Except to the extent set forth in Section 6 below, Mojo Mingle reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these Terms of Service (or any of the agreements that make up these Terms of Service) at any time (collectively, “Modifications”).

Modifications to these Terms of Service will be posted to the Mojo Mingle website with a change to the “Updated” date at the top and at the conclusion of these Terms of Service.

It is your responsibility to check these Terms of Service periodically for Modifications. Your continued use of the Services following the effectiveness of any Modifications to these Terms of Service constitutes acceptance of those Modifications as well. If any Modification to these Terms of Service is not acceptable to you, you must cease accessing, browsing and otherwise using the Services.

5. MEMBERSHIPS 

Free Membership

VIP Monthly Membership

VIP Annual Membership

This free membership grants you access to:

✅ “How To Succeed At Social Events” course (Value US$67)
✅ “Earn Good Money Hosting Singles Events” training
✅ Expert Interviews
✅ Invitations to upcoming events
✅ Mojo Mingle Free Facebook group
✅ Cancel anytime

 

  US$119 / month
Cancel anytime
✅ VIP Power Hour Group Coaching Calls (x2/month) (Value: US$162/month)
• Meet new people
• Make new friends
• Your questions answered
• Practice social, dating / relationship skills
• Feel happier
✅ Unlimited access to step-by-step courses:
Make New friends (US$497)
Succeed At Social Events (US$67)
Meet Your Ideal Partner (US$497)
The Art of Human Connection (US$297)
The Art of Speed Dating (US$145)
Offline Valentine (US$67)
Live a happier life (US$112)
+ more
✅ Resources, worksheets, expert interviews, masterclasses etc.
✅ Join VIP Facebook Group Community

US$1,299 / year

Cancel anytime
✅ VIP Power Hour Group Coaching Calls (x2/month) (Value: US$162/month)
• Meet new people
Make new friends
Practice social skills
Your questions answered
Practice dating / relationship skills
Feel happier
✅ Unlimited access to step-by-step courses:
• Make New friends (US$497)
• Succeed At Social Events (US$67)
• Meet Your Ideal Partner (US$497)
• The Art of Human Connection (US$297)
• The Art of Speed Dating (US$145)
• Offline Valentine (US$67)
• Live a happier life (US$112)
+ more
✅ Resources, worksheets, expert interviews, masterclasses etc.
✅ Join VIP Facebook Group Community
✅ 3 x BONUSES:
• Dating Profile Feedback (Personalised video, US$48)
• Impressive Dates Plans (PDF, US$25)
• FB Connect Method (US$27)

5.1 Membership:

If you have joined our social media pages or have been given access to at least one of the Members’ areas of our website or, you may have access to our content. This includes if you  have become an email subscriber with us, participated in one or more of our social media group(s), participated in a membership program and/or system provided by us, purchased any of our products or services, or simply downloaded any of our free or paid-for content, then you agree that you are a “Member” and “Licensee” under this Agreement and that your use of our site, Materials (as defined in Section 4 below) and/or content is considered a “Membership” under this Agreement.

5.2 The Brands:

You acknowledge and agree that we are the sole owner of the following names and brands, and, as applicable, the following internet domain names: “Mojo Mingle”, “Offline Valentine” and any others.

5.3  The Materials:

In connection with your Membership, we have provided and are providing you with access to materials related to your Membership, including content, media of any kind, assets, intellectual property, login credentials, Licensee’s Participation and Licensee’s Testimonials (both as defined in Section 5 below), which hereby include any and all materials, documents and information we provide to you as a general user of our website, whether already or in the future, and also include any and all additional materials, documents and information we provided to you as a Member, whether already or in the future, and which may or may not include or be labelled with the Brands (herein, the “Materials”). You acknowledge and agree that we are the sole and exclusive owner of the Brands and Materials.

5.4 Natural Person:

You and we agree (i) that we are providing the Materials under this Agreement to you personally, individually and as a natural person, if any; therefore, you are entering into this Agreement as an individual and also on behalf of any Licensee’s Entity, and (ii) that we are providing the Materials to you for your own personal and individual education and development .

5.5  Our Grant of License to You:

For the appropriate Membership Fee Mojo Mingle grants each user a limited, non‐exclusive, non-sublicensable and non-transferable license to access and use the Content (excluding the User Generated Content) (together the “Platform Content“) for their own purposes subject to the following conditions:

  1. Users may only view, copy, and print such portions of the Platform Content for their own personal use and may not copy or distribute any Platform Content to any other person or for commercial use;
  2. Users may not modify or otherwise make derivative works of the Platform Content, or reproduce, distribute, or display the Platform Content except as expressly permitted in these Terms of Use;
  3. Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Platform Content;
  4. Users may not use any data mining, robots, or similar data gathering or extraction methods; and
  5. Users may not use the Platform Content other than for their intended purposes.

This licence shall terminate upon the termination of a User’s membership and subscription.

  1. Non exclusivity: Nothing in this Agreement shall be construed to prevent Licensor from granting any other licenses for the use of the Brands or Materials or from utilising or modifying the Brands or Materials in any manner whatsoever. Licensee agrees not to interfere in any manner with, or attempt to prohibit the use of the Brands and Materials by, any other person duly licensed by Licensor.
  2. Licensee’s Participation and Testimonials. Assignee hereby authorises the Licensor to use all photographs, digital images, any recordings of Licensee’s voice, videos or other likeness of Licensee provided by Licensee as part of Licensee’s participation in any of Licensor’s production of any of Licensor’s content or Materials (“Licensee’s Participation”). Also, Assignee hereby authorises Licensor to use all photographs, digital images, any recordings of Licensee’s voice, videos or other likeness of Licensee and text-copy provided by Licensee as part of Licensee’s participation in any of Licensor’s production of any of Licensor’s content or Materials (“Licensee’s Testimonial”) unless specifically requested not to do so.

The  Licensee hereby agrees that effective immediately and until the termination or expiration of this Agreement, Licensee will be deemed to have assigned, transferred and conveyed to Licensor any trade rights, equities, goodwill, titles or other rights in and to the Brands and Materials which may have been obtained by Licensee or which may have vested in Licensee in pursuance of any endeavours covered hereby, including without limitation Licensee’s Participation and/or provision of any Licensee’s Testimonial.

Any such assignment, transfer or conveyance shall be without compensation or consideration other than the mutual covenants and considerations of this Agreement. Licensee recognises that there exists great value and goodwill associated with the Brands and Materials, and acknowledges that the Brands and Materials, and that all rights therein and goodwill pertaining thereto, belong exclusively to Licensor, and that the Brands and Materials have a secondary meaning in the mind of the public. Licensee also agrees, represents and warrants that Licensee’s Participation and/or Licensee’s Testimonial shall in no way infringe upon the intellectual property rights of any third party.

5.6 Membership changes and updates

Your membership (to access coaching resources) can be changed or cancelled at any time via the website. For VIP Memberships, cancel anytime before your next renewal date and you will not be billed thereafter. No refunds for days not used in the billing cycle. To cancel, simply log into your account, and from the dashboard, click on “My Account”, then “Membership” and “Cancel”. https://www.mojomingle.com.au/my-account/

5.7 Payments

Payments for the Mojo Mingle (“our”, “we”, “us”) Memberships, coaching products, or “other services” discussed on this website are to be made in (USD) American Dollars, except for the events listed on the 3rd party Humanitix platform, which are to be made in Australian Dollars (AUD). All AUD advertised pricing does not include GST.

Payments and bookings are to be made online, through the Mojo Mingle or 3rd party website (e.g. EventBrite, Humanitix, Stripe or Paypal). In rare circumstances, Mojo Mingle may accept cash payments and/or bank transfers which include an administration fee.

All payment processing services through or in connection with your use of the Site are provided to you for the payment of events, memberships, and other services (“The Services”).

Our preferred payment method is through Stripe, Paypal, Humanitix and Eventbrite. Agreeing to use our site includes agreeing to the terms and conditions of this service for payment including our Payment term. In accordance with our third-party agreements for payments this includes, but is not limited to:

  1. A reminder notice is sent if Stripe credit card payment is chosen, up to seven (7) days before your membership renews for use of the Services.
  2. Should there be a failure to process this transaction we will try up to 4 times within 1 week. You will receive an email in relation to these payment reminders.
  3. If there has been four (4) consecutive failures to charge for these services, the Services may be terminated with respect to ongoing use of the Services.

Users are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply including our third party service provider.

6. EVENTS

6.1 Eligibility

Mojo Mingle singles gatherings (events) are primarily for single people over the age of 18. General community social events are open to all ages 18+. Mojo Mingle products and services are aimed at those who are “young at heart” or share our core values. We also have a strict no-child policy at all Mojo Mingle singles events to ensure a relaxed environment for all other attendees. This applies to babies, primary school and high school aged children. On occasion, Mojo Mingle runs events including non-singles and/or events that are child friendly. These events will be clearly noted as events for these individuals. Child friendly events will be clearly identified on the calendar.

Our events are not suitable for people who have been convicted of a felony or ever been registered as a sex offender.

Wherever, Mojo Mingle seeks to ensure a healthy and smoke free environment. We encourage our members and attendees to abide by this policy including from refraining from smoking at any of our events. This protects the community from exposure to second-hand tobacco smoke in accordance with Victorian Health policies as published by the Victorian State Government: https://www2.health.vic.gov.au/public-health/tobacco-reform/smoke-free-areas

A condition of attendance is to consider and support smoke free environments at any of our events in accordance with the Tobacco Act 1987 (The Tobacco Act) which prohibit smoking in public spaces where members of the public gather.

From 1 August 2017 this includes restaurants, cafes, and licensed premises including courtyard dining areas, footpath dining and other organised outdoor events including community or street festivals. We support this policy and its adherence is a requirement of attending Mojo Mingle social events. Our events are also drug free environments.

 6.2 House Rules

The following House Rules apply to attendees at Mojo Mingle social gatherings, workshops and activities:

House Rule

Description

1. Be inclusive and friendly

Introduce yourself to more than three people at events Put in effort to get to know people i.e. network

2. No phones visible / audible at events

Mobile phone on silent & out of sight. Excuse yourself from the group if you need to make a call.

3. Give; don’t ask.

Stay connected with people you meet at events. Give your contact details. Do not ask someone for their number.

4. No smoking at events

Mojo Mingle suggests abstaining from smoking during social events to maximise your time spent being social. If necessary, smoke well away from the group to ensure Mojo Mingle members are not subjected to second-hand smoke. On the same note, Mojo Mingle events are drug-free zones.

5. Be courteous

Communication is key. Notify Mojo Mingle by SMS 0414 030 774 if your plans change last minute.

Avoid being a “no show” and arrive on time to events.

Pay-as-you-go when ordering food and drinks at events (unless included in your ticket). Bring cash.

6. Strikes Rule

If a guest does not follow the house rules or act according to the values of Mojo Mingle then they encounter a strike. Adjudication of a breach of the Strikes Rule will be at the sole discretion of the Director.

If a guest has received a Strike they will be notified in writing by the Director with a brief description on the breach of the rule. An apology is always welcome when a strike is earnt. No further correspondence will be entered into in relation to breaches. This is intended to be a polite warning to continue to display behaviour consistent with the values of Mojo Mingle. The following table outlines this policy.

Strike Rules

Strikes Policy

1st failure to Abide by Terms

Notification to Member

referencing breach of rule

2nd Failure to Abide by Terms

Notification to Member referencing breach of rule

3rd failure to Abide by Terms

Notification of restriction of usage and access to the Services offered by Mojo Mingle

Once a member of our community / event guests receives three Strikes (3) they are suspended for 12 months from our services (no refunds) or indefinitely up to the discretion of the Director in accordance with Clause 4.9.

6.3 Memberships

Mojo Mingle previously offered social memberships prior to the COVID-19 pandemic. Memberships are now for educational, and coaching purposes.

6.4 Events and Cancellations

Mojo Mingle does not offer refunds or exchanges due to a change in your personal circumstances. Attendance at all events is subject to availability. Book early to avoid disappointment. Limited tickets are available for all events. If an event is cancelled, rescheduled or significantly relocated by Mojo Mingle, all liability is limited to the amount for which the ticket was purchased (including any fees or charges).

6.5 Other Event Cancellations

“No shows” will not be tolerated. Failure to attend an event without prior notice (24-48 hours), or a courtesy message, may result in a strike, or suspension. Event tickets are limited and committing a “no show” leads to disappointment for the rest of the attendees who were looking forward to meeting you. In addition, another person could have attended the event in your place. A courtesy phone call or SMS is requested if your plans change last minute. Our number is +61 (0)414 030 774

Most events are subject to minimum numbers (4 people). If minimum numbers are not met the event may be cancelled or postponed. We understand that cancelling and postponing an event can be disappointing. Ticket holders may receive options of:

  1. receiving a refund for that event (where applicable),
  2. transferring to a future event.

If an event looks like being cancelled due to unforeseen circumstances, such as extreme weather conditions, ticket holders will be notified by phone call or text message.

We do not assume responsibility or liability due to the cancellation of events outside of our control and we may offer a refund at our sole discretion. If a deposit has been paid (by us on behalf of you) to a venue for an event, it may not be eligible for a refund due to bookings made with third party providers.

7. Invoices

Invoices for any Mojo Mingle Membership (Coaching Program), service or event are automatically generated or can be requested by messaging us on +61 (0)414 030 774 or email hello.mojomingle@gmail.com Please ensure you have checked your spam, junk, and promotions folder before making the request.

Payments will be taken automatically from the nominated account within 24-48 hours of registering to become a VIP member. If a credit card payment is not successful for any reason, attempts to debit the credit card account will be made in the following days. If a payment is unable to be processed, your VIP Membership may be cancelled at our sole discretion.

8. Your responsibilities

If you participate in any of our events, you acknowledge that you are responsible for your own safety and wellbeing. We ask you to treat others with respect and kindness during our social events (and on social media). Attendees must behave in a safe, sensible and socially acceptable manner. Divisive or un-toward behaviours are not welcome and we reserve the right to refuse entry to, or remove offending attendees/members from, an event without refund in this case. (In the case of inappropriate comments made on social media, your account may get blocked.)

Such behaviours may earn offenders a strike in accordance with the House Rules in 6.2. In extreme cases, offenders may be suspended for life (no refunds). Follow the house rule as stated in 6.2.

If you DO NOT wish to RECEIVE an SMS with contact details from someone at the event, you should notify the host during the event. Your name will be noted.

9. Termination by Mojo Mingle

Except to the extent, we have agreed otherwise in a separate written Agreement an authorised officer of Mojo Mingle may terminate your right to use the Services at any time for your violation or breach of these Terms of Service including, but not limited to, the House Rules at Clause 6.2;

Your misuse or abuse of the Services; or if allowing you to access and use the Services would violate any applicable local, state, national and other laws, rules and regulations or would expose Mojo Mingle to legal liability.

We will use reasonable efforts to provide you notice of any such termination. Furthermore, you agree that Mojo Mingle shall not be liable to you or any third-party for any such termination of your right to use or otherwise access the Services.

Termination will be most often incorporated as part of the 3 strikes rule as enunciated in Clause 6.2 or for any other significant breach of Services at the sole discretion of the Director.

9.1 Termination by You.

Except to the extent you have agreed otherwise in a separate written Agreement you may terminate your access to the Services and these Terms of Service by logging into our website to cancel your membership (5.6). Once your membership is cancelled you are no longer entitled to access Mojo Mingle coaching programs and resources inside the VIP dashboard.

9.2 Termination by Us

All provisions of these Terms of Service that by their nature should survive termination of these Terms of Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licences).

10. Additional Services

Mojo Mingle provides referrals and other Services which are subject to change without notice. This includes but is not limited to:

i. Personal Development Workshops, Talks, Seminars etc
ii. Coaching (Dating / Life / Business etc)

Third party providers (coaches / presenters etc) may collaborate with Mojo Mingle with respect to a separate Service Level Agreement which defines the roles of both parties. The Member understands that Mojo Mingle is not an agent, therapist, or any other licensed or registered professional. The services are not directive advice, counselling, or therapy but may address overall goals, specific projects, or general conditions in the personal life of a Member’s life. The Member understands if they should take this advice their application is specific to their individual circumstances.

iii. Matching and Introductions

Mojo Mingle encourages event attendees to look out for each other. Everyone, therefore, is a matchmaker. If you meet someone at an event who you believe may be a good match for another member, simply complete a post-event feedback form and make your suggestion (with a brief reason which we pass on to the two involved). Mojo Mingle can contact both parties to offer an introduction.

NOTE: Mojo Mingle does not conduct background checks or request police checks on members.

Once the meeting date, time and location are agreed upon by both parties agreeing to an introduction, the meeting is locked in and Mojo Mingle makes the venue reservation. It is important to arrive on time and to be friendly and sociable during the meeting, for the whole hour. The meeting should be a phone-free zone. Thereafter you may part ways. To avoid awkwardness, we recommend not giving your details to each other during the meeting. Instead, relax and enjoy sharing stories. Mojo Mingle can forward your details on, by your request, after the meeting. Bring cash to cover you own expenses e.g. food and drinks.

iv. Professional match-making service

The Offline Valentine Experience is our hero event, a singles ‘event’ that includes premium matchmaking.

In addition, we offer:

  • Curated Singles Event. This event is based on your preferences, so you can meet singles in your preferred age bracket, who live locally and have a similar dating intention. Our facilitators ensure you connect with attendees too giving you the best chance of teeing up post-event dates.
  • Dating By Design program; a premium service. This program includes:
  1. Complimentary welcome call (<1hour) to connect, answer your questions, and help you decide if this program is a good fit for you.
  2. In-depth profile analysis plus non-negotiables discussion
  3. 6 to 10+ compatible matches as required (extensions possible)
  4. Date planning for success + review and feedback

11. Indemnification

You agree to defend, indemnify and hold Mojo Mingle and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) due to or arising out of:

(a) your breach of these Terms of Service, including, without limitation the Terms of Use

(b) your improper use of the Services;

(c) your breach of any applicable local, state, provincial, national, or other law, rule or regulation or the rights of any third party; or

(d) in the case of Organisers, your events or the fact that Mojo Mingle was providing Services with respect to those events, provided that in the case of (d), this indemnification shall not apply to the extent that the Claim arises out of Mojo Mingle’s gross negligence or wilful misconduct. Mojo Mingle shall provide notice to you of any such Claim, provided that the failure or delay by Mojo Mingle in providing such notice shall not limit your obligations hereunder except to the extent you are materially disadvantaged by such failure.

(e) By operating the website and providing the coaching services/ events / information we do not assume a duty of care to users of the website or users of the services.  You agree to keep indemnified Mojo Mingle and its respective officers, employees, service providers and agents (referred to as those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these terms by you.

12. CONFIDENTIALITY

This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, or otherwise, throughout the Term of your Membership (“Confidential Information”).

Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information.

The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of this Agreement.

13. COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION

Notwithstanding anything in the foregoing, in the event that the Member is required by law to disclose any of the Confidential Information, Mojo Mingle will (i) provide the Member with prompt notice of such requirement prior to the disclosure, and (ii) provide the Member with all available information and assistance to enable us to take the measures appropriate to protect the Confidential Information from disclosure.

14. NON-DISCLOSURE OF COURSE MATERIALS

Material given to the Member during your work with us is proprietary, copyrighted and developed specifically for those seeking connections or help with dating.  The Member agrees that such proprietary material is solely for the Member’s own personal use. Any disclosure to a third party is prohibited. The coaching program is copyrighted and the original materials that have been provided to the Member are for the Member’s individual use only and are granted as a single- user license. The Member is not authorised to use any of our intellectual property for the Member’s business purposes. All intellectual property, including our copyrighted program and/or course materials, shall remain the sole property of Mojo Mingle. No license to sell or distribute our materials is granted or implied. Further, by signing below, the Member agrees that if the Member violates, or displays any likelihood of violating, any of the Member’s agreements contained in this paragraph, we will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

15. NON-DISPARAGEMENT

The Member shall not make any false, disparaging, or derogatory statement in public or private regarding our service, its employees, or agents. We shall not make any false, disparaging, or derogatory statements in public or private regarding the Member and its relationship with us.

16. INDEMNIFICATION

The Member shall defend, indemnify, and hold harmless the business, shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by us, or any of its shareholders, trustees, affiliates or successors. The Member shall defend us in any legal actions, regulatory actions, or the like arising from or related to this Agreement. We recognise and agrees that all of our shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of us.

17. DISPUTE RESOLUTION

If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement. Only after 30 days if resolution cannot be made the dispute will be submitted to mediation. The mediation is within ninety-(90)-days from the date and will be held in Victoria. The Parties shall cooperate in exchanging and expediting discovery as part of the mediation process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the mediator (which will provide for the payment of costs, including solicitor’s fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgement of law or decree in equity, as circumstances may indicate.

17.1 WARRANTIES

Mojo Mingle provides our services using a commercially reasonable level of skill and care and we try to keep Mojo Mingle bug free and safe. There are certain things that we cannot guarantee about our Service and you agree that you use the Services at your own risk. To the extent permitted by applicable laws, the services are provided on an “as available” basis.

Mojo Mingle hereby expressly disclaims all warranties of any kind, express or implied, including but not limited to, implied warranties of merchantability, title, non-infringement and fitness for purpose.

Mojo Mingle makes no warranty that the web services, linked resources or products, or coaching memberships (or any proportion of the services) will meet your requirements or expectations or that the service will be uninterrupted, timely, secure, or error-free and the results that may be obtained from the use of the services will be accurate or reliable. Furthermore you agree to the following:

(a) You acknowledge that Mojo Mingle has no control over and does not guarantee the quality, safety or legality of events of 3rd party services providers advertised.

(b) Mojo Mingle has no responsibility for and hereby disclaims all liability arising from, the acts or omissions of any such third parties.

(c) Nothing in these Terms of Service is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.

(d) You further agree to indemnify and hold harmless Mojo Mingle and all its related parties, including third party service providers, associates and authorised representatives from all claims, demands, liabilities, losses, damages and expenses (including without limitation reasonable legal fees and expenses), arising from or in connection with the use of the website Mojo Mingle products, services or content.

(e)  If you are a User located in Australia and constitute a Consumer under the Australian Consumer Law while using the Services, the principles of Australian Consumer Law 2010 applies to You.

18. INTELLECTUAL PROPERTY

The brand names, slogans, course and program contents, company and business names, pending trademarks, service marks, designs, and logos used on the website, including without limitation Mojo Mingle business name and logo, are the trademarks of Mojo Mingle.

You further agree not to use any domain name, pending trademarks, trade name, service mark, logo, or other materials confusingly similar to the trademarks without our prior written consent.

All information and materials published, transmitted, or otherwise available on the website or through the provision of our services are protected by copyright or trademarked (as applicable), and owned or controlled by Mojo Mingle, its licensors, or affiliated companies in accordance with the Copyright Act 1968

You shall abide by all copyright and trademark notices, limitations, and restrictions applicable to Mojo Mingle. Without limiting the foregoing, no content owned by us may be copied, reproduced, republished, reused, uploaded, downloaded, posted, or transmitted, other than through the website or the provision of our services in accordance with its intended use.

19. RELEASE

Mojo Mingle provides coaching for singles and people in relationships, plus opportunities for people to attend social gatherings, events, and workshops. However, Mojo Mingle could not function if it were held responsible for the actions or inactions of different Users, Attendees, Organisers and/or third parties both on and off the Services. Therefore, as an inducement to Mojo Mingle permitting you to access and use the Services, you hereby agree to release Mojo Mingle, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services or any event listed on the Services.

20. WAIVER

By using our services as described in these Terms and Conditions, you grant Mojo Mingle permission to use your likeness in any photographs, videos, or other digital media in all of its publications, including web-based publications. Mojo Mingle may edit, alter, copy, exhibit, publish, or distribute these photos for any promotional purposes only unless you object in writing. We will notify you reasonably by making an announcement at every social gathering or event before any filming or photography occurs.

21. NOTICES

Notices to you may be sent via either email, SMS, Facebook Messenger or regular mail to the address in Mojo Mingle’s records. The Services may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices to you on the Services. If you wish to contact Mojo Mingle or deliver any notice, you can do so via SMS (+61 (0)0414 030 774) or email hello.mojomingle@gmail.com

22. ENTIRE AGREEMENT

These Terms of Service, including the Terms of Use and any other part of these Terms of Service, constitute the entire agreement between you and Mojo Mingle and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Mojo Mingle.

23. JURISDICTION

The Laws applicable to are those of the jurisdiction of the Supreme Court of Victoria, Australia.

24. TITLES

Any Section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

25. VIOLATIONS

Please report any violations of these Terms of Service by email to: hello.mojomingle@gmail.com

26. ASSIGNMENT

We may, without your consent or approval, freely assign these Terms of Service and our rights and obligations under these Terms of Service, whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.

27. RELATIONSHIP

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Service.