SOCIALLYEM – Terms and Conditions
1. Your acceptance of these Terms and Conditions
- In these terms and conditions (“the Terms”), “SociallyEm”, "we", "our" or "us" means Ejile Pty Ltd ACN 638 103 269 trading as SociallyEm.
- These Terms apply to your use of the site located at https://sociallyem.com.au (“Site”) and any purchase of goods, services or event tickets made by you through the Site and any content that you download for viewing. By continuing to use the site, by downloading any content made available on the Site, or by making any purchase through the Site, you agree to be bound by the Terms as they appear on the Site from time to time.
- Some of the services available for purchase through the Site are performed on additional terms and conditions (“Service Specific Terms”). Any Service Specific Terms that apply to those services will be sent to you prior to agreement by SociallyEm to provide those services to you. To the extent of any inconsistency between these Terms and Service Specific Terms, the Service Specific Terms will prevail in relation to the provision of services to which they apply.
- We may revise the Terms from time to time by posting a revised version of the Terms to this Site. The revised Terms will take effect when they are posted.
- You must be at least 18 years of age with legal capacity to accept these Terms in order to use and / or make any purchase through the Site.
2. Purchases through the Site
- If you make a purchase through the Site:
- You agree to pay the price specified on the Site at the time that you make the purchase.
- The purchase of any ongoing services attracts ongoing fees as disclosed on the Site, and those fees are subject to any variations to those ongoing fees as set out in any Service Specific Terms. Any payment made in respect of ongoing services at the time of making the purchase is the fee payable for the first payment due for those services. Additional fees payable and the due date for payment is as set in the Service Specific Terms.
- All amounts are stated in Australian dollars and all purchase prices are subject to Australian GST (where applicable).
- You must apply any discount codes at checkout. There is a limit of one discount code per transaction.
- SociallyEm may cancel any purchase made through the Site if we suspect that you are acting fraudulently (such as using a credit card without proper authorisation) or in breach of these Terms or any Service Specific Terms.
- Whilst we endeavour to describe our services and their corresponding prices as accurately and as completely as possible on our Site and in any of our marketing material, you should not assume that they are in all respects fixed at those prices. Information set out on our Site in relation to services is based on the average cost to complete the services. There may be circumstances that require additional or different services to be provided than normal to complete your request. SociallyEm may cancel any purchase made through the Site in such circumstances and agree a varied scope of services and fees with you.
- We make all reasonable efforts to display correct and complete prices in relation to tickets to events and goods available for purchase through the Site. Occasionally errors can occur, and in that event, SociallyEm may cancel any purchase made at those incorrect prices.
- You represent and warrant to us that any credit card or payment information you give to us is accurate and complete and that you are duly authorised to make payment to us using that credit card.
- Without any limitation to your rights under any laws and subject to any express provision to the contrary set out herein, SociallyEm does not refund any payments for purchases made through the Site due to a change of mind or change in your circumstances.
3. SociallyEm Magazine
- Third parties pay SociallyEm to advertise their goods in and services in our magazine and provide us with all content to be featured. SociallyEm does not verify the accuracy of information provided to us for display in the magazine and you should make your own enquiries in relation to those purchases prior to making them.
- If you click a link in any SociallyEm magazine, you will be taken to a third-party website. Any purchase you make on that third-party website is between you and that third-party. SociallyEm is not responsible for managing or mediating any third-party dealings in relation to purchases made by you from third parties advertised in the magazine.
4. Purchase of tickets to Events through the Site
- If you purchase a ticket to an event advertised on the Site, you will be sent confirmation of your ticket after completing the online form and making payment of the fee advertised on the Site for the ticket;
- If you are unable to attend the event after making the purchase and wish to obtain a refund of your ticket fee, will only be issued if you contact us within 24 hours of purchasing by sending an email to [email protected] notifying of the event details and your inability to attend;
- Subject to your compliance with clause 4(B) of these Terms, refunds will be processed within  days of your written request;
- Tickets to events are otherwise transferrable to another person to attend that same event on your behalf. Please send us an email to [email protected] notifying us of the change in the attendee name.
- If an event is postponed due to COVID19, your ticket will be transferred to the next available date at no additional fee.
- If an event is cancelled, you will be notified in writing of the cancelation and a refund of any ticket fee paid will be processed to the same card you used to purchase the tickets within  number of days of the cancellation.
- SociallyEm is not responsible for any loss, cost or expenses incurred by you (other than to refund any ticket fee paid in accordance with these Terms) if an event is required to be cancelled for any reason.
5. Digital Products
- By purchasing any digital products available for download through the Site (“Digital Products”), you accept that these Terms will govern your right to use and access the Digital Products.
- You should ensure that you fully understand what you are purchasing before you purchase the Digital Products. If you have any questions about the Digital Products, you should contact us with your questions prior to purchasing the Digital Products.
- Except as otherwise required by law, due to the nature of the Digital Products and the fact that you gain full access to the Digital Products after purchase, we will not refund any fees you pay for the Digital Product after purchase.
- When you purchase a Digital Product, you agree that:
- unless otherwise specified, payment will be in Australian Dollars and payable at the time of purchase;
- you will be granted a non-exclusive, revocable licence to use the Digital Product for the purpose in which it was provided, as set out on the Site;
- you are expressly prohibited from:
- sub-licensing, assigning or transferring the licence to the Digital Product to any third party;
- using the Digital Product for any commercial purpose;
- publicly displaying the Digital Product;
- copying the Digital Product;
- removing any copyright or other proprietary notations from the Digital Product; or
- sharing, reselling or distributing the Digital Product to any third party.
- We may from time to time amend and update Digital Products as we see fit. We will not provide you with those updates in the event of any such amendment if you have previously purchased a Digital Product.
6. Shipping of physical goods purchased through the Site
- We will normally ship any physical goods purchased through the Site within [3 business days] of your purchase.
- Any delivery times displayed on the Site are estimates only, based on information available to us at the time.
- We will deliver the goods purchased by you to the place of delivery you specify when making the purchase on the Site.
- Title to and risk in the goods purchased by you will pass to you upon delivery of those goods to your requested place for delivery.
7. Returns of physical goods purchased through the Site
- To lodge a return of physical goods purchased through the Site, please email [email protected] and request a return together with photos of the goods and your receipt from purchase.
- We will only accept a return or exchange from the original purchaser or gift recipient.
- We will accept a return, for exchange only, items that are in original condition, unused and free of damages. Items must be returned with all tags still attached and in their original packaging. If these requirements are not met, we reserve the right to deny the return.
- We will accept a return for refund or exchange, faulty goods or goods that were damaged prior to receipt by you with photographic evidence of the fault or damage.
- All items being returned to us must be dispatched for shipment by you within [10 days] of the return being approved by us for return.
- If for any reason a product you have ordered is not available for exchange when processing an approved return, a refund will be credited to the original payment method where you do not wish to exchange it for another available good.
- We recommend returning goods via registered post, as we cannot credit your account until the item has been received by us. We will not be held responsible for any damage or losses arising from the return shipment.
- To the maximum extent permitted by law, all express or implied warranties, representations, statements, terms and conditions relating to the goods or services purchased, these Terms or the Service Specific Terms that are not otherwise expressly contained in these Terms or the Service Specific Terms, are excluded.
- Nothing in these Terms or the Service Specific Terms excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited.
- If any guarantee term, condition or warranty is implied or imposed in relation into these Terms or Service Specific Terms (a Non-Excludable Provision) and SociallyEm is able to limit your remedy for a breach of such a Non-Excludable Provision, then SociallyEm’s liability for breach of the Non-Excludable Provision is limited to one or more of the following at SociallyEm’s option:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
- in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
- Subject to SociallyEm’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, the maximum aggregate liability of SociallyEm for all claims under or relating to these Terms, a good or service purchased or the Service Specific Terms, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to an amount equal to the amount paid by you for the good or service.
- In calculating SociallyEm’s aggregate liability to you, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by SociallyEm under any Non-Excludable Provision.
- Subject to SociallyEm’s obligations under any Non-Excludable Provision, and to the maximum extent permitted by law, SociallyEm is not liable for, and no measure of damages will, under any circumstances, include:
- special, indirect, consequential, incidental or punitive damages; or
- damages for loss of profits, revenue, goodwill or anticipated savings, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
- SociallyEm’s liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
- Your use of the Site is at your own risk. You must not rely on any statement published on or linked to the Site without first making your own enquiries to verify the information.
- To the extent permitted by law, all information on or linked to on the Site is provided "as is" and "as available" without any warranty or representation regarding condition, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, quality, freedom from defects or non-infringement.
- To the extent permitted by law, SociallyEm does not accept any responsibility or liability for:
- any statement in the material on or linked to the Site; or
- any direct, indirect, incidental or consequential loss related to or arising from your doing, or not doing, anything as a result of using (or being unable to use) the Site and its content. This includes any claims, losses, costs, expenses or damages of any kind whatsoever (including legal fees) incurred by you or by any third party, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
- You agree to indemnify and hold SociallyEm and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim against us arising out of content you submit, post, transmit or otherwise make available through the Site (including, but not limited to, the SociallyEm magazine), your use of the Site, your connection to the Site, your breach of these Terms or any Service Specific Terms, or your violation of any rights of another, including all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such a claim.
9. Intellectual Property Rights
- You acknowledge that the content on the Site is subject to copyright and features common law and / or registered trade marks, owned by, or licensed to, SociallyEm and other third parties.
- SociallyEm reserves all rights in relation to the SociallyEm copyright and trade marks. You agree not to use any of the SociallyEm copyright or trade marks without our prior written consent.
- Unless you are expressly authorised by us, or otherwise permitted by law, you must not do any of the following yourself, or permit or authorise any other person to:
- sell, reproduce, publish, distribute, communicate to the public (e.g. by making available online or electronically transmitting) modify, display, perform in public, prepare derivative works based on or make an adaptation of, repost or otherwise use any of the content (or any readily identifiable portion of the content) in any way without our prior written consent; or
- otherwise infringe the intellectual property rights of any person in using the Site or any content.
- Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or license to you any intellectual property rights unless this is expressly stated herein or in any Service Specific Terms.
10. Content of the Site
- We attempt to keep the content appearing on the Site up to date. However, we do not warrant the accuracy, currency or continuity of the content.
- You acknowledge that the content on the Site is subject to change at any time.
- If you consider any content that has been posted to the Site is offensive, unsuitable or has in some other way breached these Terms, please email us at [email protected] with a link to the relevant content and your reasons for objecting to it. We will consider your objection and determine whether the content should be removed from the Site at our sole discretion.
- None of the content appearing on the Site, including content available for download should be considered legal or accounting advice.
11. Your Use of the Site
- In accessing and using the Site, you must not post or transmit on any part of the Site which:
- breaches any laws or regulations or are contrary to any relevant standard or codes;
- interferes with other users of the Sites, is false, inflammatory, defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other Site user from using the Sites;
- constitutes commercial advertising, the promotion of gambling or the promotion of another website;
- infringes anyone else’s copyright or other intellectual property rights;
- tampers with, hinders or modifies the Site; or
- knowingly transmits any viruses or other disabling features to the Site.
- When providing us with information through the Site, you understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
- We reserve the right to refuse access or discontinue service to any part of the Site to any person or entity without obligation to assign a reason for doing so.
- We do not warrant that your access to or use of the Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors, viruses, worms, trojan horses or other harmful components.
13. Security of Information
- Unfortunately no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly any information which you transmit to us is transmitted at your own risk, however once we receive your transmission, we will take reasonable steps to preserve the security of such information.
- If any part of the Terms would, but for this clause 14(A) be void, unenforceable or illegal in a jurisdiction;
- the provision is read down to the extent necessary to avoid that result; and
- if the provision cannot be read down, to that extent, it is severed in that jurisdiction.
- These Terms will be governed by the laws of Western Australia and by continuing to use the site or by making any purchase through the site, you agree to submit to the non-exclusive jurisdiction of the courts of Western Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms or the Service Specific Terms.