Preamble

The following paragraphs are an excerpt from the Member Web Site Terms and Conditions of Use.

The full Member Web Site Terms and Conditions of Use will be published and linked here when the Member Site becomes available.

The following Payment and Refund Terms and Conditions apply to the AustraliaOne Party web sites at australiaoneparty.com and sub-domains.

All Terms and Conditions should be read in conjunction with the general Website Disclaimer and Privacy Policy.

Acceptance of the Terms

(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by AustraliaOne Party Incorporated in the user interface.

Payment

(a) Where the option is given to you, you may make payment for the Services (‘Membership Fees’ and ‘Donations’) by way of:

  1. Credit Card Payment (‘Credit Card‘),or
  2. Debit Card Payment (‘Debit Card’),or
  3. OSKO Payment to our nominated PayID (‘OSKO Payment’), or
  4. Direct transfer into our nominated Bank Account (‘Bank Transfer’)

(b) All payments made during your use of the Services are made using a payment gateway (eWAY). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the eWAY terms and conditions which are available on their website.

(c) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.

(d) You agree and acknowledge that AustraliaOne Party Incorporated can vary the Membership Fee at any time.

Refund Policy

(a) Membership Fees – we will only request payment of a Membership Fee after your Membership Application has been accepted by our National Executive. You will receive notification that your application has been accepted, and you will be invited to pay your Membership Fee via eWAY. There are no refunds for Membership Fees as these are paid in arrears.

(b) Donations – If the payment amount received in relation to your donation is duplicated, overpaid, or made in error, you may be entitled to a refund. In the event you believe that you are entitled to a refund, please email our Accounts Officer at accounts@australiaoneparty.com with details of your payment believed overpaid, duplicated, or paid in error. We will endeavour to respond to your email within 5 working days and if we agree you are entitled to a refund, will advise the effective date we will return the funds to you, via return email (generally within the following week).

(c) Other than in the circumstances described in the above Refund Policy points (a) and (b), AustraliaOne Party Incorporated will only provide refunds if required by law, or at the absolute discretion of our National Executive, or in the event of involuntary wind-up proceedings, if the appointed administrator decides, at its absolute discretion, that it is reasonable to do so under the circumstances.

General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

  1. all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
  2. AustraliaOne Party Incorporated will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of AustraliaOne Party Inc. make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of AustraliaOne Party Incorporated) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer because of any of the following:

  1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records.
  2. the accuracy, suitability, or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website).
  3. costs incurred because of you using the Website, the Services or any of the products of AustraliaOne Party Incorporated; and
  4. the Services or operation in respect to links which are provided for your convenience.

Limitation of Liability

(a) AustraliaOne Party Incorporated’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that AustraliaOne Party Incorporated, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Indemnity

(a) You agree to indemnify AustraliaOne Party Incorporated, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content.
  2. any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or
  3. any breach of these Terms.

Dispute Resolution

(a) Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c) Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties ‘) must:

  1. Within 15 business days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
  2. If, unless mitigating circumstances outside the Parties control exist, 15 business days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of AustraliaOne Party Incorporated or his or her nominee.
  3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
  4. The mediation will be held in Sydney, Australia.

(d) Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

(e) Termination of Mediation:

If 1 month has elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

(a) The Services offered by AustraliaOne Party Incorporated is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

(a) The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.