This is a legal agreement (Agreement) between you and BM Elite Pty Ltd ACN 677 245 573 T/A Club Gambit (Gambit, us, our, or we). This Agreement applies to the access and use of our Website and registration to use the Services provided by us online through the Website and on any of our applications. By using any of the Services, you agree to, and are bound by, these terms and conditions of service of this Agreement for as long as you continue to use the Services. If you do not agree to be bound by this Agreement, you must not use, or continue to use, the Services.
Definitions
In this Agreement:
Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Content means all content, information and software provided on and through the Website or provided in the course of delivering the Services;
Event Organiser means a service provider that we may engage as part of the Services, including country clubs, to host, organise or hold events or activities for members, as may be varied from time to time including joining and participating in exclusive country club events;
Events has the meaning described in clause 12;
Member means a person who has a Subscription;
Monthly Fee means the applicable monthly fee paid by the Member for the Subscription;
Non-Excludable Rights has the meaning described in clause 10.1;
Services means the services provided by us, including without limitation an online match-making service for people seeking social, business or romantic connections that invites Members, subject to their membership tier in clause 3.2, to participate in events to meet other people, join exclusive clubs, access membership discounts and any additional services currently offered or will be offered in the future by us accessed on our Website or any of our applications;
Subscription means the subscription for the Services in connection with the relevant membership tier referred to in clause 3.2;
Subscription Term means in respect of the Subscription, the duration of a month applicable to the Subscription, commencing from the date that the Member subscribes to the Services or the date that the Subscription is renewed; and
Website means any website or online application that we operate in conjunction with the Services, including “thegambitclub.com” and “thegambit.club”.
Eligibility
To be eligible to use the Services and to be a Member you represent and warrant that:
you are at least 18 years old;
you have not previously been banned from using our Services or similar services;
if you are accessing our Website for courtship connections, that you are single or (if legally married) separated; and
you have never been convicted of an indictable offence (including but not limited to assault) and are not required to register as a sex offender with any government entity.
We currently do not conduct criminal background checks on our Members. We also do not verify the statements of our members. We make no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. We reserve the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records to the extent permitted by law.
Signing up and fees
To use our Services, you must become a Member by signing up for one (1) of three (3) different membership tiers and paying a Monthly Fee.
Information about each of the membership tiers (being currently the “Prawn Tier”, “Knight Tier” and the “King Tier”), the features offered to Members and Monthly Fees for each membership tier can be viewed on the Website. You must pay the applicable Monthly Fee, for the membership tier that you sign up for.
If a scheduled payment using the billing account or credit or debit card associated with your Subscription is attempted and declined for any reason, our payment processor will automatically reschedule the payment until the amount due is paid in full. If these attempts fail and/or the issue cannot be resolved by contacting the account and/or card issuer, we will notify you via email using the email address associated with your account and we may suspend or terminate your Subscription and any Services until all outstanding payments are successfully processed.
Social media platforms
Variation and Cancellation
Subscription are ongoing and renew automatically on a monthly basis. Your membership will automatically renew unless you cancel the membership at least twenty four (24) hours before the end of your current Subscription Term.
You may cancel your Subscription at any time during the Subscription Term by going on our Website and following the links. In such a case, your Subscription will terminate at the end of the Subscription Term for which you have paid, and you will not receive any refund for any unused days of such Subscription Term.
We may update the terms of your Subscription by giving you at least fourteen (14) days’ written notice. You may, where such a change to your Subscription is materially detrimental to you, cancel your Subscription at any time within the seven (7) days after the change comes into effect. In such a case, you will receive a refund for any unused days of the Subscription Term for which you have paid for and your Subscription will end at the end of the current Subscription Term.
Using the Services
You must use the Services in a manner consistent with this Agreement and applicable local, state, national and international laws and regulations.
Your account is designated for personal, non-commercial purposes exclusively. You are not permitted to authorise third-party usage of your account, nor can you assign or transfer your account to any other individual or entity, unless expressly agreed upon by us.
You may be issued with a password to access your account or particular parts of our Website. You must keep the password secure. We are not liable for any third-party access to your account resulting from the theft or misuse of your usernames and passwords.
You agree not to provide inaccurate, misleading or false information to us or to any other member. If any information that you provide to us or another Member becomes inaccurate, misleading or false, you will promptly notify us of this change.
As a Member, you agree to create only one (1) unique application which includes at least one (1) photo of you showing your face. You acknowledge that from time to time, we may create test applications in order to monitor your compliance with this Agreement as well as the operation of the Services.
You consent to any photo identification conducted by us, which may require the use of facial recognition technology, when signing up to become a Member. Verification of your identity to ensure that it matches your application may be a prerequisite before you are able to use our Services.
When engaging with any of our employees or agents in the course of providing the Services to you, or assisting in providing the Services to you, you must treat them with respect and you must not harass, intimidate or threaten them in any way. We reserve the right to suspend or terminate the Services immediately should you fail to comply with this clause 6.
Terms of access and use of Services
In consideration for your acceptance of and agreement to be bound by this Agreement, we grant you a revocable, non-exclusive, non-transferable licence to access and use the Website.
You agree that we may, from time to time and in our sole discretion:
carry out maintenance or other work on the Website, that may limit or deny access to you; or
limit or deny access to the Website or part of the Website, for any reason.
To the extent permitted by law, you are solely responsible for, and assume all liability regarding:
the information and Content you post, send, publish, or otherwise make available through the Website and/or the Services; and
interactions with other Members, Event Organisers and the general public.
You warrant and represent that all information provided to us through our Services or otherwise will be truthful, accurate, and complete, and will be submitted only for lawful purposes.
You agree not to post or share any Content, or engage in any activity that:
advocates racism, bigotry, hatred, or harm towards any group or individual;
is designed to or results in the abuse, harassment, threat, or intimidation of other members;
is defamatory, knowingly inaccurate, abusive, profane, offensive, sexually explicit, obscene, or otherwise objectionable or illegal;
includes video, audio or photographs of another individual without their consent;
encourages or facilitates illegal activities;
contains false or misleading information with the intent to deceive or defraud others;
relates to commercial activities including but not limited to sales, competitions, promotions, advertising, solicitation for services such as sex work;
engages in the sale, supply, distribution or facilitation of the purchase, sale, supply or distribution of illegal drugs or misuse of controlled goods and substances;
contains harmful or disruptive elements such as viruses, ransomware, time bombs, trojan horses, cancelbots, worms, or similar malicious code;
promotes or solicits support for political platforms, religions, cults, or sects;
discloses someone else's personal information without their consent, or gathers personal information for commercial or unlawful purposes;
impersonates or falsely claims affiliation with any person or entity;
solicits or engages in gambling activities;
uses scripts, bots, or other automated technologies to access the Services;
collects or solicits personal information from individuals under 18 years of age; or
is used for spamming, spimming, phishing trolling, or other disruptive activities.
You agree that you are prohibited from:
advertising or encouraging users to buy or sell any goods or services via the Services;
sending chain letters, junk, or spam emails, or any other form of unsolicited commercial messages to Members;
utilising any information acquired from the Services to contact, advertise, solicit, or sell to any user without their explicit consent beforehand.
We have the authority to oversee the Content you submit or share through the Website. In respect of such Content, we retain the right to delete any Content that, in our opinion, breaches any relevant laws or the essence of this Agreement, or at the reasonable request of a third party. Additionally, we may remove matches previously provided to you, at our discretion, to ensure a satisfactory experience of the Services.
No guarantee of matches
Once you have elected your intention for using the Services, which may be displayed on your application on the Website, you may be matched with another Member who shares the same intentions for using the Services, being either companionship, dating or to make business connections.
We do not make any guarantee:
we will be able to provide a match for you in using our Services;
as to the number or frequency of matches made through the Services;
as to the match/es’s ability or desire to communicate or meet with any Member; or
about your compatibility with any other Member you meet through the Services or the conduct of these Members.
We have the complete discretion to hide and/or remove applications of other Members from your view.
Intellectual Property Rights
We and others own and reserve all intellectual property rights, including, but not limited to, copyright in the Content provided by the Website and provided in the course of delivering the Services.
Except as expressly provided in this Agreement, nothing set out in this Agreement shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.
Except with our express written consent, you must not use this Website or the Content, for any of the following purposes:
the reproduction of the Content in any material form;
the distribution of the Content in any material form;
re-transmission of the Content by any medium of communication;
uploading or reposting the Content to any other site or location including online;
‘framing’ the material on this Website with other material on any other site or location or online service; or
otherwise infringing our intellectual property rights or those of any third-party.
You must not:
decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. You agree that you shall not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users;
use any software, device, or manual process to monitor or copy this Website or the Content without our prior written permission;
use this Website or its Content in a manner that is not expressly authorised by us;
use the Content of this Website to cause harm, damage or loss of any kind whatsoever to us or to any other person; or
modify or copy:
(i) the layout of the Website; or
(ii) any computer software or code contained in the Website; or
assist any third party in conducting the above activities outlined in this section.
Limitation of liability
You may have rights in relation to this Agreement that cannot be lawfully excluded (Non-Excludable Rights). Nothing in this Agreement operates to exclude, restrict or modify any Non-Excludable Rights.
Except to the extent that the Non-Excludable Rights apply:
The only guarantees, conditions or warranties as to the Website and the Services are described in this Agreement, and no other guarantees, conditions or warranties are implied;
Without limiting clause (a) above, we make no guarantee, representation or warranty as to:
the accuracy, reliability, timeliness or otherwise of any information contained or referred to on this Website, the Content or provided in relation to the Services;
the Website, the Content, or the server that makes the Website available being free of software viruses;
our total aggregate liability to you, whether arising under or in connection with this Agreement or our performance or non-performance or anything incidental to this Agreement, and whether by way of indemnity, statute (to the extent that it is possible to exclude such liability), tort (for negligence or otherwise) any other basis in law or equity, is at all times limited to the amount equal to the fees you have paid to us.
To the maximum extent permitted by law, our liability pursuant to any guarantee, warranty, term or condition implied in this Agreement with respect to the supply of specific Services, and any Non-Excludable Right, will be limited, at our option, to a re-supply of the Services or the cost of such re-supply by a third party.
To the extent permitted by law (including the Competition and Consumer Act 2010 (Cth)) all other implied conditions, guarantees and warranties with respect to the Services are expressly excluded.
We are not liable under any circumstances for any loss of profits or any damages of any kind recognised by law which are the consequence of you:
acting, or failing to act, on any information contained on or referred to on this Website or the Content; or
using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or the Content.
We are not liable to you for:
errors or omissions in the Website or the Content;
delays to, interruptions of or cessation of the services provided in the Website or the Content; or
defamatory, offensive or illegal content on the Website or the Content whether caused through our negligence, our employees or agents, or any other cause.
Third party Content
Opinions, advice, statements, offers, or other information or content provided through the Services by parties other than us are the sole responsibility of their respective authors and should not be automatically relied upon. We will not:
ensure the accuracy, completeness, or usefulness of any information accessed via the Services, or
endorse or take responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us.
We will not be liable for any loss or damage resulting from anyone's reliance on information or other content posted on the Services or transmitted to or by any Members.
Events
For some memberships, you may be offered the opportunity to participate in virtual or in-person events (Events). These Events are conducted by the Event Organisers or Gambit or a combination of both. We have no control over any Event organised solely by the Event Organisers, the Event Organiser themselves, or any person participating in such Events. You will be required to register before you can participate in the particular Event.
You acknowledge that:
there are inherent and foreseeable risks applicable to your participation in an Event, including (depending on the nature of the Event) risks of physical harm and death;
an Event may be deemed a recreational activity for the purpose of the civil liability legislation that applies in each State and Territory;
the above constitutes a risk warning pursuant to such legislation; and
by engaging in an Event, you accept these risks.
Without limiting the above, you assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others. You agree to take all necessary precautions when meeting individuals through the Service.
You agree to report to us any violation of the Agreement by others and cooperate with us in providing information about the violation and the involved individual/s, as necessary.
Although every effort will be made to ensure Events or activities occur as represented, we reserve the right to make any necessary changes to the program including cancelling the Event. You further acknowledge that the Event Organiser may cancel or otherwise vary the Event. To the extent not prohibited by law, we will have no liability of any nature to you or any other third party arising from or in any way connected to the cancellation or variation of an Event, except to the extent set out in this Agreement.
If we have informed you that a payment that is required to secure your registration for an Event, you must pay the Event Organiser (or us, as we direct) by the deadline stated. If you do not pay by the deadline, you will not be permitted to participate in the Event.
No refunds for Events
Making a booking for an event to secure your registration may be done in-person or online including via our Website, on any of our applications, a third party booking link or other link to a third party website including country clubs.
If we have informed you that a payment that is required to secure your registration for an Event, you must pay the Event Organiser (or us, as we direct) by the deadline stated. If you do not pay by the deadline, you will not be permitted to participate in the Event.
Bookings made under clause 13.1 are non-refundable unless otherwise stated by us writing.
We are not liable for any failure or delay in performing any of our obligations under this Agreement, if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of nature, governmental actions, war, or other unforeseeable events.
You are responsible for ensuring your membership status is active and in good standing at the time of booking and when attending Events. Failure to maintain a valid membership may result in the cancellation of your booking without a refund.
Your booking or ticket to an Event is strictly personal and cannot be transferred or assigned to a third party. If someone presents themselves as you and we discover the person is not you, we will refuse to permit them to participate in the Event.
Interactions with other members
We are not responsible for the conduct of any member on or off the Service. To the extent not prohibited by law, you hereby release us (as well as our officers, employees and agents) from all liability for loss of any nature (including without limitation all personal injury, economic loss sustained from personal injury and damage to property) in connection with your participation in an Event or with your conduct or the conduct of anyone else in connection with the use of the Services, whether arising out of negligence, breach of any statutory duty, breach of contract or at common law. Without limiting the above, we expressly exclude all liability for death or personal injury to any person in so far as such liability is capable of being excluded by law.
You agree not to:
treat other Members in a disrespectful manner including by being dishonest, abusive or discriminatory;
misrepresenting information about yourself to be displayed on your application on the Website including your identity, intentions for joining the Website, age, qualifications or affiliations with a person or entity;
use the Website in a misleading, unauthentic, or manipulative manner, including by participating in activities or sharing content associated with scams, spam, fake applications, or commercial and promotional efforts.
stalk, harass, bully, intimidate, assault, defame, harm or mistreat another member; and
submit any complaints or reports to us that are manifestly unfounded.
You bear full responsibility for your interactions with other Members and agree to follow prudent safety advice and take sensible precautions in all interactions with other Members including:
protecting your personal information including financial information;
communicating online exclusively through our Website or our application;
reporting suspicious or offensive behaviour;
ensuring dates take place in a public venue;
telling your friends and family about your plans when attending an Event or meeting another Member;
not leaving drinks or personal items unattended during a date;
respecting your boundaries by concluding the date early if you feel uncomfortable;
not proceeding with sexual activity without consent or if your partner is unable to consent due to the influence of drugs or alcohol.
If a member’s Content or online or in-person behaviour makes you feel uncomfortable or unsafe, we encourage you to unmatch or block and report the Member. The difference between the two functions are as follows:
unmatch: makes the online conversation disappear and the other Member will not be able to view your application;
block and report: makes the online conversation disappear and the other Member will not be able to view your application. Further, our team will review your report and will take necessary action which may include issuing the member with a warning or banning them from using our Services. We will not disclose the identity of the reporter to the Member.
Enforcement
We reserve the right to take a range of actions against any breach of this Agreement by you, including but not limited to removing Content, issuing a warning, banning you from using our Services, or preventing you from creating a new Member account.
When necessary, we may cooperate with law enforcement to assist in criminal investigations relating to Member conduct.
Indemnity
Term and termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and will remain in effect until we cease to provide Services to you.
We reserve the right to remove your account information or data from our Services if your account and/or access to the Services is terminated.
In the event your access to any of the Services is suspended due to a breach of this Agreement by you, you agree that at our option and acting reasonably, all fees then paid to us by you are nonrefundable and that any outstanding fees will become due and payable immediately. Following any termination of your account due to a violation of our Agreement, we may, at our discretion or as required by law, send a notice thereof to other members which whom you have corresponded for the protection of our members. If we terminate your account for a reason other than your breach of the Agreement, you will receive a refund for any unused days of the Subscription Term for which you have paid.
Modifications to Services
Governing Law
This Agreement will be governed by and interpreted in accordance with the law of the State of Victoria.
You agree to the non-exclusive jurisdiction of the courts of the State of Victoria to determine any dispute arising out of this Agreement.
General
The disclaimers, limitations on liability and indemnities in this Agreement continue despite termination of the licence granted under this Agreement or the suspension of your access to the Services.
Our failure or delay to exercise a power or right does not operate as a waiver of that power or right. A waiver is not effective unless it is in writing. A single or partial exercise or waiver of a right under this Agreement does not prevent any other exercise of that right, or the exercise of any other right.
Complaints
If you have any issues or questions with this Agreement, wish to report any abuse or Content, make a complaint about a Member, or wish to resolve a complaint regarding the Service, you can contact us by email at inquire@thegambit.club.
After making a report to us about another Member’s Content or behaviour that concerns you, our team will typically review your report without needing to contact you. If we need further information, we will reach out to you via email. Otherwise, we endeavour to inform you of the outcome of your report.
Current as at 10/12/2024