TERMS AND CONDITIONS
Updated: 25th February 2020
Terms of Service
These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and Mojo Mingle governing your access and use of this website (Collectively, “Site”).
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.
Generally speaking we do not provide any professional advice and 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 of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”) and includes all of the Services available on or through these Sites.
Services include memberships (social plans), social events (at 3rd party venues), workshops and talks (in collaboration with 3rd party facilitators), facilitation of contact details and introductions and third party venues.
Our Services are outlined below:
VIP Singles Networking
|Workshops & Talks
||3rd Party collaborations
3rd party matchmaker
||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.
You can agree to be a member or a non-member at our events. In either case you are bound by the Terms of Service and your attendance implies a consent to our rules contained herein.
Furthermore you may enter into a binding contract with Mojo Mingle when you sign up for a registered account by clicking “Get Started” or similar buttons, or in accordance with Section 3.2 below as a Member.
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.
These Terms of Service are effective upon your Acceptance as set forth under Section 3. above and continue in effect until terminated.
Mojo Mingle social events are primarily for single people over the age of 18. General community (mixer) events are open to all ages 18+. Mojo mingle singles events are aimed at ages 25-45+/- and those who are “young at heart”. 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 for non-singles 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 possible 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 membership to Mojo Mingle. Our events are also drug free environments.
All payments for the Mojo Mingle (“our”, “we”, “us”) Events, Social Plans (“Memberships”) and “other services” discussed on this website are to be made in Australian Dollars (AUD). All AUD advertised pricing does not include GST. Our programs are also charged.
Payments and bookings are to be made online, through the Mojo Mingle or 3rd party website (eg EventBrite, Stripe or Paypal). In rare circumstances, Mojo Mingle may accept cash payments only if events have not sold out.
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 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:
- A reminder notice is sent if Stripe credit card payment is chosen up to seven (7) days before your subscription renews for use of the Services.
- 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.
- 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 providers.
Mojo Mingle has a 100% MONEY BACK GUARANTEE for year long memberships that are paid upfront. If after 12 months has passed, and the conditions below have not been met, the member can provide evidence that the Mojo Mingle service did not adhere to the conditions on a), b) and c), the member may write an email to Mojo Mingle (firstname.lastname@example.org) to request a refund.
a) Mojo Mingle guarantees that at least three (3) social events take place every calendar month
b) Mojo Mingle guarantees that members will meet a variety of new people at events within 12 months
c) Mojo Mingle guarantees that members will expand their network within 12 months as a result of attending multiple events
100% Money Back Guarantee is strictly applied for YEARLY social plans and applies to the upfront social plan fee only. This does not include the service fee or individual event fee. Mojo Mingle will abide by this guarantee if the following eight (8) conditions have been met. The email (letter) must include evidence of member fulfilling the eight conditions as described below.
- Attend at least one event per month
- Try events local and further afield
- Follow the House Rules (as per 4.3) and T&Cs
- Complete a feedback form after every event attended
- Make an honest attempt to make connections.
- Get involved in the suggested activities and ice-breakers at events (with enthusiasm)
- Wear name tag at events if provided
- No strikes against name (3-strikes-rule) as per 4.3
4.3 House Rules
The following House Rules apply to both members and non-members of Mojo Mingle Events and activities:
1. Be inclusive and friendly
Introduce yourself to more than three people at events
Put in effort to get to know people ie 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.
Keep in touch 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 aren’t 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 Member or Visitor does not follow the house rules or live by 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 Member 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.
|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 receives three Strikes (3) their social (“membership”) plan is suspended for 12 months (no refunds) or indefinitely up to the discretion of the Director in accordance with Clause 4.9.
4.4 Social Plans (Membership)
Mojo Mingle offers a membership package and promotional event ticket incentives (“promotional tickets”) as part of its services.
i Mojo Mixer Social Plan:
This plan creates the opportunity for members to:
- meet new people,
- share laughs with new friends,
- attend exclusive singles events,
- extend personal network,
- boost social life,
- expand comfort zone,
- explore Melbourne and Geelong, and
- feel connected,
- purchase discounted tickets
Choose from at least 3 hosted mixer events per month.
Singles and non-singles are welcome (18+).
- $120 per year, or $12 per month. Cancel anytime. Membership must be active whilst attending discounted events.
- $22 - $33 per event + food, beverages, and activity costs on event by event basis
EVENT GROUP SIZE:
- Intimate to large (4-20+)
4.5 Membership changes and updates
Your membership (Social Plan) can be changed or cancelled at any time via the website. Simply follow the steps below. Membership must be active when attending discounted events.
Instructions are provided below:
- Log into your account here: https://www.mojomingle.com.au/my-account/
- From the dashboard, click on “My Account”
- Select “My Membership”
- Under “Level” select “cancel” (or change)
- Click “Yes, cancel this membership”
- Click “Log Out”
- See the FAQs for further information on rejoining or accessing your account.
4.6 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).
4.7 Other Event Cancellations
“No shows” will not be tolerated. Failure to attend an event without prior notice (48 hours), or a courtesy message, may result in a strike, or suspended membership. 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 member 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 0414030774
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:
- receiving a refund for that event (where applicable),
- attending an unofficial event (reduced numbers) for a reduced price or
- 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 (or email or Facebook Messenger message if a phone number not supplied).
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.
Invoices for any Mojo Mingle Membership (Social Plan), service or event are automatically generated or can be requested by messaging us through Facebook messenger. 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. 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 membership plan may be cancelled at our sole discretion.
4.9 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 4.3. In extreme cases, membership may be suspended for life (no refunds). Follow the house rule as stated in 4.3.
If you DO NOT wish to receive an SMS with contact details from those requesting this of us, you should notify the host during the event. Your name will be noted.
4.10 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 4.3;
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 4.3 or for any other significant breach of Services at the sole discretion of the Director.
4.11 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 social plan (4.5). Once your social plan (membership) is cancelled you are no longer entitled to attend discounted Mojo Mingle events unless the difference in ticket price is paid prior to the event.
5. Survival of Terms.
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).
6. Other 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.
iii. Matching and Introductions
Mojo Mingle encourages event attendees to look out for each other. Everyone, therefore, is a match-maker. 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.
Introductions may be arranged between two active members who have been nominated by someone else. If you’ve been nominated as a potential match, we’ll SMS you. You can decline the invitation to meet your match or you can accept. Mojo Mingle charges a $50 co-ordination fee per person to set up an introductory meeting. The meeting is usually scheduled to last an hour, in a public space (cafe or bar) local to both people, at a time that’s convenient. This is similar to a blind date.
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, 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 in order to cover you own expenses eg food and drinks.
7. Professional Match-Making Service
Offline Valentine is our sister service which runs events that use matchmaking. We provide referrals to other professional Match-Making Services. Contact us via Facebook Messenger to find out more.
8. Warranties and Indemnities
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:
(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 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.
8.1 Disclaimer of Warranties.
Mojo Mingle provides our service 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 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.
9. Intellectual Property
The brand names, slogans, 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.
Mojo Mingle provides a marketplace for singles, non-singles, workshops and events. However, Mojo Mingle could not function if it were held responsible for the actions or inactions of different 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.
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 any and 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 event before any filming or photography occurs.
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 generally on the Services. If you wish to contact Mojo Mingle or deliver any notice, you can do so via SMS, Facebook Messenger or by using the following link: https://m.me/mojomingle
13. Entire Agreement.
The Laws applicable to are those of the jurisdiction of the Supreme Court of Victoria, Australia.
Any Section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Please report any violations of these Terms of Service by email to: email@example.com
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.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Service.