Website Terms of Use About this website and terms of use Boomers Club References below to “Boomers Club”, “owner”, “website owner”, “we”, “us” or “ours” are references to Boomers Club Pty Ltd and / or its associated entities, as appropriate. References below to “website”, “this website” are references to the Boomers Club Pty Ltd website, located at boomersclub.com.au and/or its associated entities, as appropriate. These website “terms of use” govern your access to and use of the website. You should read these terms of use and the privacy policy carefully before using this website. Your access / use implies agreement The website is available for your use only on condition that you agree to these terms of use. By accessing/using the website, you are signifying that you agree to be bound by these terms. Modifications to the terms Boomers Club Pty Ltd may revise and update these terms of use at any time. Your continued usage of the website after any changes to these terms of use will mean you accept those changes. Modifications to the information Boomers Club Pty Ltd does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of Boomers Club Pty Ltd. Errors and problems Boomers Club Pty Ltd does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted. Security The transmission of information over the Internet is not completely secure or error free. In particular, emails to or from Boomers Club Pty Ltd and information submitted to or accessed via this Website may not be secure and you should use discretion in deciding what information you send to us via these means. Emails to / from Boomers Club Pty Ltd may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code. You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session. Boomers Club Pty Ltd may at any time request a form of identification to verify your identity and/or your compliance with Boomers Club Pty Ltd policy. Membership When registering as a member of Boomers Club, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account page on the Boomers Club site. As a Boomers Club member, you are permitted to create one profile for yourself. All personal information you provide to us will be treated in accordance with our Privacy Policy. Memberships are valid for the term subscribed and upon receipt of the respective fee(s). Boomers Club Pty Ltd reserves the right to, without limitation, do any or all of the following in relation to your membership: permanently or temporarily hide all or part of your member profile; modify your member profile; suspend and/or terminate your membership immediately without notice to you if you have committed a breach of the Boomers Club Pty Ltd Terms; deactivate your membership if you have not renewed your membership; and / or permanently or temporarily block your access to all or part of the Sites. Services and Features As a member, you will also have the ability to access chargeable features and services available on the Boomers Club website. Further details and any additional terms and conditions (including pricing) relating to chargeable features and services will be made available by Boomers Club. We do not accept cash payments for chargeable services or features. Please refer to the available payment methods including terms and conditions elsewhere on the Boomers Club site. In the event of unusual activity, we reserve the right to temporarily or permanently suspend payment via your credit card and contact you, your bank or any other relevant third party to report such unusual activity. In no event will you be entitled to any refund of payments for chargeable services or features. We will review requests for refunds at our sole discretion. Member Interaction We take your online and offline security very seriously. To protect our members and the reputation of the site, we may keep an eye on the interaction between members from time to time but please note that we have no obligation to police it. We urge you to be cautious when interacting with other Boomer Club members. You should carefully select the material that you post on the Boomers Club site, or otherwise transmit to any other member by any other means; it will be considered non-confidential. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your member profile. If you are experiencing problems with any other Boomers Club member and would like to make a complaint, please send us an email via the Contact Us page. We may record and store any information relating to any complaint made against you. Boomers Club reserves the right, but have no obligation, to monitor disputes between members. You agree to hold us harmless in connection with any dispute or claim that you make against any other Boomers Club member. Contributed Material If you wish to submit any content to the web site, you agree that all copies of user contributed material, including text, images and photos (‘Material’), becomes the property of Boomers Club. To protect our members and the reputation of the site, we may keep an eye on the interaction between users from time to time but please note that we have no obligation to police it. Boomers Club reserves the right to do any of the following: a) select Material to be displayed on the web site; b) remove any Material at any time; c) amend, alter, edit or delete any Material you submit without any right of attribution to you; and d) use any photos submitted as Material in any way that Boomers Club sees fit. In submitting Material, you: a) warrant that that any Material you submit is your own work and that you own all intellectual property rights in it; and b) warrant that any Material you submit for publication or which is published on any bulletin and/or postcard boards is not obscene, defamatory, offensive or otherwise illegal. When contributing Material to the web site, you must not include: a) information that helps sell, buy, solicit or offer goods, services, shares or other commodities including any phone numbers, mail or email addresses or URLs; b) personal information, or the personal details of others such as phone numbers, mail or email addresses; c) offensive or otherwise unsuitable images of a sexual or other inappropriate nature; d) gratuitous swearing, profanity or spiteful remarks; e) spamming, flaming or typing in ALL CAPS; f) reference to, or provide links to illegal activities e.g. insider trading, ramping/hyping stocks, defamation, vilification, pornography, racial or sexual slurs, drug use; g) false or misleading or deceptive information; h) misinformation or rumour; i) material that contains restricted or password only access pages, hidden content; or that contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware. Services and Events Boomers Club does not provide events and other services directly to Members but acts as agent for businesses that do (‘Service Providers’) and has no responsibility for any services provided or not provided by the Service Provider or any other party. Boomers Club makes no guarantees, warranties or representations regarding any of the events and services provided by the Service Providers. Boomers Club does not control the business operations of any Service Provider and Members should refer to the terms and conditions and privacy statement provided by each Service Provider. For Members who register for a service or event through the Boomers Club website, we may collect your name and contact details. Depending on the service or event, we may also collect other personal information. Depending on your method of payment, we may also collect information from you for the purpose of processing the event registration fee, such as your credit card details. We may also collect photographs, audio and video recording of individuals who take up the service or attend events. Some of the services and events that are promoted on the Boomers Club website may be considered as risky. Prior to ordering or participating in any service or event you should be aware of the risks involved. The responsibility rests with Members to make independent enquiries with the Service Provider or other third parties as to the need to acquire any personal insurance cover. The Member acknowledges and agrees that, upon making the purchase of any service, event, activity or Travel Package through a Boomers Club Pty Ltd service provider, they release Boomers Club from any liability with respect to any injuries, loss or damages which may be sustained by the Member in the course of receiving the product, whether dangerous, hazardous or otherwise. Boomers Club Pty Ltd has no liability for any act, omission or default, whether negligent or otherwise of any Service Provider or third party. It also has no liability for any loss or damage occasioned by any negligent act or omission of any Service Provider or third party. Where Boomers Club’s liability cannot be excluded, such liability is limited to the value of the service purchased or event attended. Commercial Transactions When you provide credit card information, you warrant that you are fully entitled to use that card and that it has sufficient funds to cover any purchases. When you make payment for any product, service or event, Boomers Club Pty Ltd or Boomers Club’s nominee will process the payment against your credit card payment instruction details. A printable invoice will be sent via e-mail acknowledging payment once the payment has been processed. Any purchases made via the Boomers Club website will be processed by Stripe, an online payments processor and will be subject to their usual terms and conditions for such commerce. Certain charges and / or fees may be payable in respect of transactions entered into when using the services and events. These transactions may include cancellation fees and charges imposed, or any applicable refund policy enforced by Service providers. Before entering into a transaction, the onus is on you to check carefully whether any cancellation fee, charges or refund policy applies. Boomers Club provides a 30 day cooling-off period from date of initial payment / purchase of membership, if and only if no bookings have been made through Boomers Travel. If a refund is requested during this period, we reserve the right to charge a $10 administration fee to cover initial costs including processing, printing, postage etc. Your Boomers Club membership cards must be returned for completion of refund. Public Forums The Boomers Club website may contain interactive services (“public forums”), including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings (“Postings”). We may or may not actively monitor these postings. Similarly, we may or may not exercise editorial control over postings. You may be exposed to content on public forums that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable. Your use of public forums is at your own risk. Outbound links The Boomers Club website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by Boomers Club. We make no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. Boomers Club may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the Boomers Club website. Copyright and Trademark This site is protected by copyright owned by or licensed to Boomers Club. You may download and print content from this Website for your own personal or internal business purposes only. You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of any part of the content on this Website without our prior written consent. “Boomers Club TM” is a trade mark of Boomers Club Pty Ltd and must not be used without our prior written consent. Privacy We may use cookies to identify your computer on our server and so we can track your use of this Website. In some instances cookies may collect and store personal information about you. Any personal information we collect about you via this Website or otherwise will only be used and disclosed by Boomers Club in accordance with our Privacy Policy. Liability and Warranty To the maximum extent permitted by law, we will not be liable to any person or entity for any direct, indirect, consequential or other loss or damage (however caused, including due to negligence) which may arise out of, or in connection with, the use of this Website or the use or reliance on information, including any publication or media release, contained on or linked to from this Website. Further, we do not endorse or accept any liability for the contents of any website referred to on, or linked to from, this Website. Boomers Club does not provide any warranty in relation to your use of this Website or as to the currency, completeness or accuracy of the information contained on this Website. If any law implies a condition or warranty into these Website Terms of Use which cannot lawfully be excluded then, to the maximum extent permitted by law, our liability for any breach of such implied term will be limited to the supply of the relevant service again or the payment of the cost of having that service re-supplied. Governing Law These website terms of use are governed by the laws of Victoria, Australia, and in the event that we have a legal dispute relating to this Website or these website terms of use, Victorian courts will have non-exclusive jurisdiction. Talk to Us If you have any queries, comments or complaints regarding the site or these terms of use, get in touch on our Contact Page. November 2015