These Terms and Conditions apply to any membership accounts made with Kirsty Curnow t/as Seek Sista [ ABN 89449558843] ("Seek Sista” “us”/ “we”) by you. These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an agreement with us (“Agreement”). “You” could be any client or customer of ours.

 

1. WHY DO WE HAVE THIS AGREEMENT?

1.1 We have this agreement to formalise the Listing Services we will be providing and the terms and conditions upon which we will be providing those services.

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1.2 To have your outdoor group listed on our Website, you will need to visit the 'Outdoor Group Details' page and submit your group’s details, including a brief description, a link to your website or group page, and any additional information required (“information”). Upon submission, we will review and verify the information to ensure it aligns with the Seek Sista community guidelines and platform values. Once approved, the Listing will go live.

 

1.3 By submitting your group's information, you agree to comply with the terms and conditions of the Seek Sista community.

 

2. THE LISTING SERVICES WE WILL PROVIDE

2.1 We will provide the Listing Services with due care, skill, and diligence and in accordance with all relevant legislation, regulations, and requirements of authorities at the time.

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2.2 We will seek the consent of your Representative in relation to the Listing Services.

 

3. YOUR OBLIGATIONS

3.1 You must provide all information required by us in order for us to provide the Listing services.

3.2 You represent and warrant that:

3.2.1 all information you have provided to us is true and correct and up to date, including but not limited to your descriptions and prices;

3.2.2 the information is not misleading or deceptive;

3.2.3 the information does not breach any third-party Intellectual Property Rights;

3.2.4 you will respond promptly to any of our requests for further information and provide any approvals within a reasonable time; and

3.2.5 the Representative has full authority to make all decisions related to the Listing Services.

3.3 You further represent and warrant that any outdoor group activities you conduct are done safely, being aware of any hazards, and having considered safety requirements and training required for your activities.

3.4 You must inform us of any updates to your information; and respond promptly to any of our requests for further information.

3.5 You must comply with all relevant legislation and regulations in relation to the sale of your Products and Services, including, but not limited to, compliance with the Australian Consumer Law.

 

4. FACILITATOR ONLY

4.1 We are not involved in the interaction between you and your customers and clients, but only facilitate the introduction. If you have a dispute with a customer or client, you must resolve it with the customer or client and you release us from all Claims arising out of or in any way connected with such disputes.

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4.2 We have no obligation to monitor the content on our Listing Service, and we are not liable for any unauthorised or unlawful content.

 

5. RIGHTS IN YOUR CONTENT

5.1 We will request for your consent to use your information and content, including but not limited to any photos for your Listing on our website.

 

6. YOUR OBLIGATIONS AND CONTENT RULES

6.1 You must conduct yourself appropriately when using our Listing Service, including being respectful and courteous to all customers and clients, and when interacting on our website.

6.2 Your Listing must:

6.2.1 be relevant to outdoor activities and align with the mission of encouraging women to embrace outdoor adventures;

6.2.2 adhere to community guidelines that promote respect, safety, and inclusivity; and

6.2.3 be well-written and professional, with clear and concise. Please see the community guidelines here.

6.3 If you provide or post any of the following content we may, at our sole discretion remove your Listing or terminate this Agreement:

6.3.1 any inappropriate or offensive content including but not limited to, any insults or profanity, conduct that is religiously, racially, or sexually offensive, or threatening or abusive, or that impersonates, stalks, or harasses another user;

6.3.2 any illegal content including, but not limited to, anything defamatory, and any post that breaches third party Intellectual Property Rights;

6.3.3 any immoral content including but not limited to, anything pornographic or obscene;

6.3.4 any false or misleading content;

6.3.5 repeated or duplicate Listings for the same group or excessive use of promotional language; or

6.3.6 any copying, modifying or distributing of any other business’s content without their consent.

6.4 If you consider that someone is breaching the content posting rules, please notify us at kirsty@seeksista.com.au promptly so that we can address the issue immediately.

6.5 Where you breach these content rules, we may delete your Listing and terminate this Agreement.

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7. COMMISSION AND FEES

7.1 For the first year from the commencement of this Agreement, Listings on our website will be provided free of charge. After this period, we may introduce Fees for featured Listings and advertising options, with reasonable notice provided to you.

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8. NO GUARANTEES

8.1 Except as required by law, we do not warrant the quality of the Listing Service or guarantee that it will meet your expectations. We do not guarantee specific outcomes such as increased traffic, member sign-ups, or revenue, nor do we promise particular placement on the site. We also do not guarantee improvements in search engine rankings. Please note that the platform may evolve over time, which could affect how Listings are displayed. All Listings are subject to our approval process, and not all submissions will be accepted.

8.2 We strive to provide a reliable and supportive platform for Listing your outdoor group, but we do not guarantee the accuracy of the content on our Listing service. While we guarantee that your approved Listing will be visible in the appropriate section upon approval, we do not guarantee an increase in customers, clients, or revenue as a result of your Listing.

8.3 We commit to reviewing all submissions within a few days, ensuring you receive a prompt response. Should you need to update or change your Listing information at any time, simply contact us through our dedicated update request form or by emailing kirsty@seeksista.com.au. We guarantee that your request will be processed within 24 hours, and we will send you a confirmation once the updates are live.

8.4 You will also have access to dedicated customer support for any questions or issues you may encounter. If your Listing is not approved, or if there are technical issues on our end, we will inform you of the reasons for the delay. We ensure that all Listings meet our community and content guidelines to maintain a high standard of quality on the platform.

 

9. CANCELLATIONS

9.1 You are under no obligation to continue if you feel the Seek Sista platform isn’t the right fit for your group. If you wish to remove your free Listing, simply contact us via kirsty@seeksista.com.au and we will process your request within 5 days, confirming once the Listing is removed. There is no penalty or fee for removing a free Listing.

 

10. MARKETING

10.1 You acknowledge and agree that it is a condition of our Listing services that you must not publish your Listing elsewhere without our prior written consent.

10.2 You permit us to use any testimonials you post for our marketing and information purposes, or publications, exhibitions, and professional awards.

10.3 You must seek our prior written consent before any publication about us.

 

11. TERMINATION AND CANCELLATION

11.1 You may terminate this Agreement at any time with 30 days prior written notice.

11.2 We may refuse to publish your Listing, or terminate your ability to use our Website, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate this Agreement and remove your Listing.

11.3 We may also terminate this Agreement and remove your Listing where you breach this Agreement. You can request that we remove your Listing at any time, and we will honour your request and remove your Listing as soon as reasonably possible.

11.4 We can also stop offering our Listing services at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Listing services.

 

12. LIABILITY AND INDEMNITY

12.1 Your use of, or inability to use our Listing Service is at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your Listing including, but not limited to, any errors or omissions in any Listing, any price changes or discontinued Listing services, any removal of your Listing and any interruptions, any changes to our website.

12.2 To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

12.2.1 the supply of equivalent Listing services e.g. another opportunity to list your products or services; or

12.2.2 You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your Information, your breach of this Agreement, where you provide incorrect information, any lack of results from your Listing, any disclosure of your information,  any further meetings or communications with any other purchaser, any breach of your Intellectual Property Rights and any direct or indirect consequences of you accessing or using the website.

 

13. IF THERE IS A DISPUTE 

13.1 If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative, or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

13.2 In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

 

14. OTHER

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. In the event of an inconsistency between this Agreement and other terms and conditions on our website, these Terms and Conditions prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms and Conditions does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities intended to survive this Agreement will survive termination.

 

DEFINITIONS

"Agreement" means these Terms and Conditions and all other terms and conditions and policies published or linked to on our website in future.

"Australian Consumer Law" means the Competition and Consumer Act 2001 (Cth) Schedule 2.

"Claim" means any claim, under statute, tort, contract or negligence, any demand, award, or costs.

"Copyright" means the copyright as defined under the Copyright Act 1968 (Cth). 

"Intellectual Property Rights" means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.

"Loss or Damage" means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, loss of goodwill, loss of business reputation, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs. 

"Listing Services" means the listing service on our website that we agree to provide to you.

"Moral Rights" means all moral rights as defined under the Copyright Act 1968 (Cth). 

“Products and Services” means the products and services your outdoor group sells on your website or otherwise.

"Representative" means the delegated person of your group who we liaise with as notified to us from time to time.

"We, us, or our" means Kirsty Curnow t/as Seek Sista [ ABN 89449558843] and includes any of our directors, officers, employees, agents, partners, and contractors.

"Website and Listing services" means https://www.seeksista.com.au/ and everything available on this website including, but not limited to, the Listing services.