Majestri Pty Ltd
10/5 Canopus St, Bridgeman Downs QLD 4035
info@majestri.com.au

Website Terms and Conditions for Club Members Version 1.0

These website terms and conditions apply to use of, and access to, the Majestri Platform, and all associated pages, applications, and resources relating to Club Website(s), and can be accessed at https://legal.majestri.com.au/website-terms-and-conditions-for-club-members. Normal

If you do not agree to these terms and conditions you must not use or access any page, application, or resource accessible through the Majestri Platform, including any Club Website. Normal

By using or accessing any page, application, or resource through the Majestri Platform, you accept the following terms and conditions and enter into an agreement with Majestri Pty Ltd ABN 67 149 057 956 (“Agreement”). Normal

This document must be read in conjunction with our Privacy Policy for Account Holders, which is available at https://legal.majestri.com.au/privacy-policy. Normal

Definitions LS01-1Heading
In this Agreement, the following defined terms in this clause 1 have the corresponding meaning, unless the context requires otherwise. LS01-2Normal
“Account” means a user account on the Majestri Platform. LS01-2Normal
“App” means a software application. LS01-2Normal
“Majestri” means Majestri Pty Ltd ABN 67 149 057 956 of 25 Victor Russell Drive, Samford Qld 4520 LS01-2Normal
“Club Member” means a member of an Organisation, who has signed up for an Account. LS01-2Normal
“Club Website” means a website hosted on the Majestri Platform by an Organisation, which has a link to these website terms and conditions in the footer. LS01-2Normal
“Content” means any images, text, content, software, or other files on the Majestri Platform, including user generated content and content uploaded from any third party as the case requires, but excluding any part of the Majestri Platform, or related templates, media, modules, or data. LS01-2Normal
“Electronic Transaction” means an electronic transaction conducted through the Majestri Platform, including a payment made through any of the following methods: LS01-2Normal
1. Credit Card; LS01-5Paraalpha
2. Debit Card; LS01-5Paraalpha
3. Prepaid payment card; or LS01-5Paraalpha
4. BPay payment. LS01-5Paraalpha
“Intellectual Property Rights” means all industrial and intellectual property rights including, without limitation, patents, trade marks, copyrights, circuit layout rights, right to extract information from databases, design rights, trade secrets, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them) other than moral rights. LS01-2Normal
“Legal Entitlement” means a legal entitlement to act on behalf of another person (the “Principal”) in relation to your Account, namely: LS01-2Normal
1. you are: LS01-5Paraalpha
  1. a legal guardian of the Principal, if the Principal is less than 18 years of age); LS01-6Pararoman
  2. a legal guardian of the Principal, if the Principal is a person with legal incapacity (such as an incommunicate person, being a person with a physical or mental disability that prevents him or her from receiving communications or being able to express his or her will in respect of their property or affairs); or LS01-6Pararoman
  3. the agent or attorney appointed by the Principal; LS01-6Pararoman
  4. and LS01-6Pararoman
2. you have all relevant permissions, power, or authority to do each of the following on behalf of the Principal: LS01-5Paraalpha
  1. to enter into legally binding agreements with third parties; LS01-6Pararoman
  2. to provide information, including personal information, and sensitive information, to third parties; LS01-6Pararoman
  3. to provide instructions, or agree to actions to be taken by third parties, relating to the Principal’s medical information and condition(s), and to nominate emergency contacts and related information for these purposes; and LS01-6Pararoman
  4. to otherwise represent the Principal through your use of your Account or the Majestri Platform. LS01-6Pararoman
  “Majestri Platform” means the software platform accessible through https://majestri.com.au, and any associated pages, applications, and resources. LS01-2Normal
“Majestri Merchant Facility” means the third party payment processing service for Electronic Transactions. LS01-2Normal
“Nominee” means an individual with full power to act on the Organisation’s behalf, who is granted access to the Organisation’s Account, by the Organisation or another Nominee. LS01-2Normal
“Organisation” means a legal entity including a body corporate, incorporated association, or other statutory body, or its Nominee, as the case requires. LS01-2Normal
“Parties” means each Party to this Agreement. LS01-2Normal
“Party” means a party to this Agreement. LS01-2Normal
“Service” means any Service provided by Majestri under this Agreement. LS01-2Normal
“you” “your” or “User” means the Club Member using or accessing the Majestri Platform. LS01-2Normal
Term LS01-1Heading
1. This Agreement begins upon your acceptance of the terms and conditions of this Agreement and continues until a Party terminates this Agreement in writing. LS01-4Paranumbered
2. You accept the terms and conditions of this Agreement upon the earliest occurrence of one of the following events: LS01-4Paranumbered
  1. you logging into the Majestri Platform using your Account; LS01-5Paraalpha
  2. you sign up for an Account and you check the checkbox that indicates that you agree to Majestri’s Website Terms and Conditions for Club Members; LS01-5Paraalpha
  3. you check any other checkbox that indicates that you agree to Majestri’s Website Terms and Conditions for Club Members, when prompted by us when you are using the Majestri Platform. LS01-5Paraalpha
3. To the extent that we vary or add new terms and conditions in accordance with clause 5, then you accept such variation or additional terms and conditions upon the earliest occurrence of any of the events listed in clause 2.2(a) through 2.2(c), after we notify you of such variation or addition. LS01-4Paranumbered
Conditions of use – Club Members LS01-1Heading
1. Your use of the Majestri Platform, is conditional on you: LS01-4Paranumbered
  1. being an individual of at least 18 years of age and not being the subject of any legal incapacity; LS01-5Paraalpha
  2. being capable of entering into binding contracts; LS01-5Paraalpha
  3. not contravening any laws by entering into an agreement with us; LS01-5Paraalpha
  4. providing us with all reasonable assistance to deliver our Services to you; and LS01-5Paraalpha
  5. complying with all of your obligations under these terms and conditions. LS01-5Paraalpha
2. You are solely liable for your obligations under this Agreement, including any obligations that arise as an agent, or guardian, of any other person. LS01-4Paranumbered
3. We may vary these terms and conditions or impose new terms and conditions on your use of the Services or the Majestri Platform at any time, by a notice published on your Account or on the Majestri Platform, or otherwise in accordance with your Account preferences. LS01-4Paranumbered
4. We may add features or update the Services from time to time. You may be required to agree to additional terms or other requirements in order to use such additional features or Services. LS01-4Paranumbered
5. Nothing in this clause 3 is to be read as limiting our rights in administering the Majestri Platform, or methods that we may use to control the features available to you, or our provision of Services to you, through the Majestri Platform. LS01-4Paranumbered
Your obligations LS01-1Heading
Positive obligations LS01-3Headingnonumber
1. You must act in accordance with the policies or rules that we publish from time to time that relate to your use of the Services or the Majestri Platform (such as content and publishing, data capture, sale of products and services and delivery, system communication, and merchant and payment processing). All of our rules and policies can be accessed at https://legal.majestri.com.au/majestri-platform-policies. If there is any inconsistency between these terms and conditions and any policy or rule that we publish, then the terms and conditions of this Agreement will prevail to the exclusion of such policy or rule. LS01-4Paranumbered
2. If you see a Majestri Electronic Transaction record on a statement of account (such as a bank account statement or credit card statement) that you do not recognise, please contact us before approaching your bank or payment card issuer. We can check the transaction, and correct any errors, or where appropriate, give you instructions of how to raise the matter with the Electronic Transaction Party (such as the relevant club). If that doesn’t resolve the issue, please contact us and we can take further steps if necessary. LS01-4Paranumbered
3. You must notify us if you believe that your Account has been accessed without your authority. LS01-4Paranumbered
4. You must take reasonable measures to prevent any unauthorised person from accessing the Majestri Platform, your Account, or any other Services we provide using your Account credentials. You are responsible for any damage caused or fees incurred by any such person. LS01-4Paranumbered
5. If you cease to have a Legal Entitlement to act on behalf of any Principal, you must immediately stop using your Account in relation to that person, unless you have received permission in writing from that person, or their legal guardian. LS01-4Paranumbered
6. You must allow us to make changes to your Account or Content that we deem necessary. LS01-4Paranumbered
7. You are responsible for the Content, integrity and conduct of your Account on the Majestri Platform, and: LS01-4Paranumbered
  1. we are not responsible for support, back-ups, disaster recovery, or fulfilment of any orders placed by you in any way; LS01-5Paraalpha
  2. we are not a party to any agreement between you and any Organisation or any other Club Member, and we are not responsible for any agreement you have with any Organisation or any other Club Member; LS01-5Paraalpha
  3. Organisations using the Majestri Platform may upload their own terms and conditions for any transactions, memberships, or sales of goods or services by them, however, such terms and conditions do not affect, modify or supersede this Agreement or any of your obligations, in any way. LS01-5Paraalpha
    Negative obligations LS01-3Headingnonumber
8. You must not use your Account or the Majestri Platform to upload, transmit, communicate, or record information about a person unless you have a Legal Entitlement to do so. LS01-4Paranumbered
9. You must not use information about another Account holder gained through the Majestri Platform for any purpose other than in accordance with this Agreement, including any policies published by us from time to time. LS01-4Paranumbered
10. You must not upload or publish any Content that is unlawful, unsuitable for general viewing or consumption, obscene, defamatory, in breach of any advertising standards, or in breach of any person’s privacy or other human rights. LS01-4Paranumbered
11. You must not: LS01-4Paranumbered
  1. reverse engineer, reverse assemble or reverse compile the Majestri Platform or any part of it; LS01-5Paraalpha
  2. combine or incorporate the Majestri Platform in any other program or system without our prior consent in writing; LS01-5Paraalpha
  3. copy the Majestri Platform, or any Content contained on it belonging to a person other than you, in whole or in part. LS01-5Paraalpha
Provision of services LS01-1Heading
1. For the duration of, and subject to the terms and conditions of this Agreement: LS01-4Paranumbered
  1. we will provide the Majestri Platform in accordance with this Agreement as varied by us and agreed by you from time to time; and LS01-5Paraalpha
  2. we will provide you with an Account, which you will be able to access and administer. LS01-5Paraalpha
Service limitations LS01-1Heading
1. The Majestri Platform is hosted by a third party service provider and we do not guarantee that your access to it will be continuous or error free. If you have having any difficulties accessing your Account, please check the following hosting status page: https://www.web24.com.au/network-status/ . LS01-4Paranumbered
2. The Majestri Merchant Facility is provided by a third party and we do not guarantee that this service will be continuous or error free. LS01-4Paranumbered
Payment processing LS01-1Heading
We do not receive or store any credit card information. All credit card information is processed securely by the Majestri Merchant Facility. LS01-2Normal
Sale of goods and services LS01-1Heading
1. We are not responsible for the fulfilment of any orders you place using your Account, or otherwise through a Club Website hosted on the Majestri Platform. Please contact the relevant Organisation about any product or service orders, or delivery of any products or services. LS01-4Paranumbered
2. If a dispute arises between you and an Organisation or other Club Member relating to the purchase of goods or services, we are not a party to your agreement with that person and we do not provide a dispute resolution process as part of our Services. However, please note clause 4.2 and your obligations in this regard. LS01-4Paranumbered
Intellectual property LS01-1Heading
Content and Third Party Intellectual Property LS01-3Headingnonumber
1. You (or where applicable, the third party owner) retain ownership of all Content you upload to your Account and such rights are not assigned or transferred under this Agreement. LS01-4Paranumbered
2. You grant us a perpetual, irrevocable, royalty-free licence to use, copy, modify or adapt the Content as reasonably necessary to perform our rights and obligations under this Agreement, including the right to grant sub-licences where reasonably necessary. LS01-4Paranumbered
3. You warrant that you have full right, title and interest, or the legal right and authority, to grant the licence granted in clause 9.2, and that our use or modification of the Content in accordance with this Agreement will not infringe upon any third party Intellectual Property Rights. LS01-4Paranumbered
Privacy LS01-1Heading
1. We may use your contact details to promote new services and product offers to you from us or our affiliates, or to notify you about important changes to the Majestri Platform, subject to our Privacy Policy which is incorporated by reference. LS01-4Paranumbered
2. Our Privacy Policy can be accessed at this link: https://legal.majestri.com.au/privacy-policy. LS01-4Paranumbered
3. We may change the terms of the Privacy Policy form time to time in accordance with this Agreement. If you do not agree with the changes that we make to the Privacy Policy you may end this Agreement in accordance with clause 11 of this Agreement. The provisions of the Privacy Policy in force at the time of your written notice will continue to apply until this Agreement terminates. LS01-4Paranumbered
Suspension and Termination LS01-1Heading
Suspension LS01-3Headingnonumber
1. We may conduct scheduled or mission critical maintenance of the Majestri Platform during which time the Services may be interrupted. We will give you reasonable notice of such maintenance where possible and make all reasonable efforts to keep any disruption to a minimum. LS01-4Paranumbered
2. We may suspend the Services and disable access to your Account at any time and give you a written notice of default if: LS01-4Paranumbered
  1. we have reason to suspect illegal or unethical activity in relation to your data or Content; or LS01-5Paraalpha
  2. in our reasonable opinion your Content, conduct, data, network, software or equipment may cause damage to any person or property; or LS01-5Paraalpha
  3. you do not comply with any of your obligations under this Agreement. LS01-5Paraalpha
    Termination for default LS01-3Headingnonumber
3. We may terminate this Agreement immediately by written notice if: LS01-4Paranumbered
  1. you fail to remedy a material breach despite receiving 7 days written notice of default from us; LS01-5Paraalpha
  2. you are guilty of dishonesty, serious misconduct or serious neglect of duty; or LS01-5Paraalpha
  3. you experience an Insolvency Event. LS01-5Paraalpha
    Termination for convenience LS01-3Headingnonumber
4. You may terminate this Agreement at any time by written notice, which includes using any feature on the Majestri Platform that allows you to close or delete your Account. LS01-4Paranumbered
5. We may terminate this agreement with 30 days written notice. LS01-4Paranumbered
Consequences of termination LS01-1Heading
1. Upon termination of this Agreement for any reason, in addition to any other rights or remedies: LS01-4Paranumbered
  1. we may immediately disable your access to the Majestri Platform and take your Account offline; LS01-5Paraalpha
  2. your licence to use the Majestri Platform immediately ends; LS01-5Paraalpha
  3. we may, but need not, keep all data and Content uploaded by you to the Majestri Platform for our records; LS01-5Paraalpha
  4. we may destroy any data and Content uploaded by you to the Majestri Platform; and LS01-5Paraalpha
  5. a Party not in default may pursue any other rights or remedies available at law against a defaulting Party subject to clause 13. LS01-5Paraalpha
Indemnity & limitation of liability LS01-1Heading
Indemnity LS01-3Headingnonumber
1. You agree to release and hold Majestri harmless against any action, proceeding, claim, demand or prosecution relating to any downtime, interruption, loss of data, or consequential loss of any kind whether directly or indirectly arising in connection with the Services. LS01-4Paranumbered
2. You release and indemnify, and agree to keep Majestri indemnified against any action proceeding, claim, demand, or prosecution relating to: LS01-4Paranumbered
  1. any breach of your warranties under this Agreement; and LS01-5Paraalpha
  2. any loss or damage to persons or property (including data), caused by your Content. LS01-5Paraalpha
    Limitation of liability LS01-3Headingnonumber
3. Subject to clauses 13.4 and 13.5, any liability of Majestri for any loss or damage, however caused (including, without limitation, by the negligence of Majestri), suffered by you in connection with this Agreement is limited to $500. LS01-4Paranumbered
4. Except as contemplated by clause 13.5, nothing in this Agreement is intended to limit any rights you have under the Competition and Consumer Act 2010 (Cth). LS01-4Paranumbered
5. If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by Majestri in connection with this Agreement and Majestri’s liability for failing to comply with that guarantee cannot be excluded but may be limited, then clause 13.3 does not apply to that liability and instead Majestri’s liability for such failure is limited to (at Majestri’s election): LS01-4Paranumbered
  1. in the case of a supply of goods, Majestri replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or LS01-5Paraalpha
  2. in the case of a supply of services, Majestri supplying the services again or paying the cost of having the services supplied again. LS01-5Paraalpha
6. In this clause 13 a reference to consequential losses means any indirect, special, economic, or consequential loss including loss of revenue, profits, goodwill, bargain or opportunities that you suffer in any way, even if we knew or should have known about the possibility of such loss. LS01-4Paranumbered
General LS01-1Heading
Costs LS01-3Headingnonumber
1. You are responsible for all duties, charges and legal fees (on a solicitor and own client basis) incurred in enforcing this Agreement. LS01-4Paranumbered
  Currency and Taxation LS01-3Headingnonumber
2. Unless otherwise stated, all monetary amounts are expressed in Australian dollars inclusive of GST. LS01-4Paranumbered
  Enduring Clauses LS01-3Headingnonumber
3. The Parties’ obligations under Clauses 6, 9, 10, 12, and 13 shall survive the termination of this Agreement for whatever reason. LS01-4Paranumbered
  Entire agreement LS01-3Headingnonumber
4. This Agreement contains the entire agreement between the Parties and supersedes all previous negotiations or agreements in relation to the Services. LS01-4Paranumbered
  Force majeure LS01-3Headingnonumber
5. Neither Party is liable for any delay or failure to perform its obligations under this Agreement to the extent that such failure is caused by a Force Majeure Event. Nothing in this clause excuses payment of money due. LS01-4Paranumbered
  Jurisdiction LS01-3Headingnonumber
6. The laws of the State of Queensland, Australia apply to this Agreement and the Parties submit exclusively to the courts of that jurisdiction. LS01-4Paranumbered
  Relationship between the Parties LS01-3Headingnonumber
7. Nothing in this Agreement constitutes a partnership or contract of employment. It is the express intention of the Parties to deny any such relationship. LS01-4Paranumbered
  Representatives, Successors and Assigns LS01-3Headingnonumber
8. You must not assign or novate this Agreement in whole or in part. LS01-4Paranumbered
9. We may assign or novate this Agreement in whole or part at our sole discretion. LS01-4Paranumbered
  Severability LS01-3Headingnonumber
10. If any provision of this Agreement is ruled by a court to be illegal, invalid, unenforceable or in conflict with any law, it will not affect the validity and enforceability of the remaining provisions. LS01-4Paranumbered
  Waiver LS01-3Headingnonumber
11. Any delay or failure to enforce any rights in relation to a breach by the other Party will not be construed as a waiver of those rights. LS01-4Paranumbered