Note: These are our Terms for Clients. Terms for Guests is coming soon.
Last updated: June 2023
These Terms of Use also apply to the content or material contained on our Website, accessed via links from our Website or that we provide to you, including information about how to accept a booking and be paid by a Client who uses our Services and refund and cancellation policy and other material relating to JustQandA (our Information).
In these Terms of Use, use of the terms ‘JustQandA’, ‘we’, ‘us’ and ‘our’ refers to JustQandA as the owner of our Services and the provider of our Information, and the terms ‘you’ and ‘your’ refer to you, the Guest who uses our Services or views our Information.
PERSONS UNDER THE AGE OF 18
Our Services are not designed for use by persons under the age of 18. We do not provide our Services to persons under the age of 18 (Minor) unless a parent or legal guardian agrees to these terms and conditions on behalf of the Minor. If we are not satisfied that a parent or legal guardian has agreed to these terms and conditions on behalf of a Minor, we may choose not to commence providing our Services to you or if we have commenced providing our Services to you, suspend and/or cease providing our Services to you, and/or terminate these terms and conditions with you.
DEEMED ACCEPTANCE
It is intended that these Terms of Use are legally binding on you and us. By accessing or using our Services (including our Information), you are deemed to accept these Terms of Use, which together, with our Privacy Policy for a binding contractual agreement with you.
We may change our Services, our Information, or these Terms of Use at our discretion and without notice. By continuing to use our Services or access our Information, you accept the Terms of Use as they apply from time to time.
Your use of our Services and access to our Information and any dispute arising out of such use of our Services is subject to the laws of South Australia.
If you do not agree with these Terms of Use, we cannot provide our Services to you. Moreover, if you do not agree with these Terms of Use and you are visiting our Website, you should navigate away from our Website immediately.
PAYMENT AND SUPPLY OF OUR SERVICES
JustQandA provides services to enable you to accept an invitation to appear via Zoom (or such other format as agreed from time to time) for an Event (Event) and engage in a question-and-answer format with the Client and the Client’s invitees. We facilitate the booking of guests by the Client, the payment for the booking, and the payment to guests for participating in a guest event (our Services). Details of our Services, including pricing, are found on our Website. These prices may change from time to time. Unless otherwise specified, the price includes any value-added tax such as GST. You accept those forms of payment we offer to you when you proceed to pay for our Services at the checkout.
The Total Fee payable to you as a Guest who satisfactorily participates in an Event, including all taxes and charges, is specified on our Website and is paid to Guests via our Website.
CANCELLATION & RESCHEDULING AN EVENT
We have certain rules for the cancellation, refund, or rescheduling of an Event. If you need to do any of these things, you should contact us via our Website.
In general:
Prior to confirmation of attendance by you of an Event:
Once payment of any fees has been completed by the Client and you have confirmed your attendance at your Event:
We do not pay you all or any part of the Fee because you change your mind and do not wish to attend a confirmed Client Event. You may contact us if circumstances arise outside your control prior to the Event that may require you to cancel or reschedule attendance at the Event. You are not obliged to agree to the rescheduling of an Event by the Client after you have confirmed your attendance.
If you cancel the attendance of an Event after you have confirmed attendance, we reserve the right to terminate your account with us and to remove your account from our platform and terminate these Terms.
PAYMENT FOR SERVICES
We agree to pay you the Fee for the attendance and successful completion of an Event. The timeframe (usually within 7 days) and the manner in which we pay you can be found on our Website, in the description of our Services, or within your specific account that you have with us.
Our Fee is a percentage (as specified in our Services) commission of the fee received from the Client.
ACCEPTABLE USE POLICY
When attending an Event, you must participate in a manner that complies with our Acceptable Use Policy, which can be found on our Website.
LIABILITY
By using our Services, you acknowledge, agree, and understand that, to the full extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth)):
The Australian Consumer Law (ACL) protects consumers by giving them certain guaranteed rights when they buy goods and services. For example, the ACL requires that goods must be free of defects and do what they are meant to do. Services must be carried out with care and skill. These rights, which the ACL says automatically apply whenever goods or services are supplied to a consumer, are called consumer guarantees (Consumer Guarantees).
Under the ACL, these Consumer Guarantees cannot be excluded. You are entitled to a replacement or refund for a major failure in the delivery of our Services to you.
These Terms of Use are subject to the ACL, and we do not limit your ACL rights in any way. To the extent permitted by law, our liability for failure to comply with Consumer Guarantees required by Part 3-2 of the ACL is limited to the supply of services again.
LIABILITY WAIVER
You hereby waive and release, indemnify, hold harmless, and forever discharge us and our agents, employees, officers, directors, affiliates, successors, and assigns from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that you ever had or may have, arising from or in any way related to the provision of our Services to you and your participation at an Event.
The provision of this waiver and release will continue in full force and effect even after the termination of the Services, whether by agreement, by operation of law, or otherwise.
DISCLAIMER OF WARRANTIES
No representation or warranty (express or implied) is made as to the currency, completeness, accuracy, reliability, suitability, and/or availability of our Information or our Services. In no way are we liable for loss or damage arising out of your attendance at an Event. In particular, we are not liable for any representations made by us or by you at an Event or generally.
Our Services are provided on an “as is” and “as available” basis. We disclaim any warranties, express, implied or statutory, that may be expressed or implied by law regarding our Services, including warranties of accuracy, merchantability, fitness for a particular purpose, or non-infringement. You understand and agree that you use our Services at your own discretion and risk and that you will be solely responsible for any loss or damage (including personal injury or death) that results from the choice of Guest and that Guest’s attendance at your Event.
In no event will we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if you have been previously advised of the possibility of such damage.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by us to you.
As a condition of your access to and use of our Services and/or the Event, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
1. Your access to and use of our Website, our Services and our Information; and
2. Your violation of these Terms of Use and any applicable law or the rights of another person or party.
THIRD-PARTY SERVICES
We may engage third-party providers for things such as (this list is not exhaustive):
1. Online booking systems;
2. Messaging by email, SMS, or other means;
3. Payment processors such as PayPal or Stripe (collectively Third-Party Services).
JustQandA does not specifically endorse any Third-Party Session. Each Third-Party Session has its own terms of Session and privacy policy, and you should go to the website of each Third-Party Session and read their terms and privacy policy.
COPYRIGHT
All intellectual property rights in our Information or our Services, including, but not limited to, text, graphics, architecture, and coding (including any copyright subsisting in them), are owned by JustQandA.
You may access and download our Information where available, but may not, subject to a use for the purposes of private study, research, criticism, or review as permitted under the Copyright Act 1968 (Cth), modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of our Information or our Services in whole or in part without the prior written permission of JustQandA.
LINKS TO OTHER WEBSITES AND GUESTS
Our Website may contain links to other websites. These links are provided for your convenience only.
JustQandA does not specifically endorse any Client, organization, association, or entity referred to in, or linked to, our Website. Views or recommendations provided by a Client or in linked websites do not necessarily reflect those of JustQandA, and JustQandA has no responsibility for the content of a Client or the linked website(s). It is your responsibility to make your own decisions about the currency, completeness, accuracy, reliability, and suitability of a Client before you confirm attendance at an Event.
You may link to our Website, but permission is restricted to making a link without any alteration of our Information. Permission is not granted to reproduce, frame, or reformat the files, pages, images, information, and materials from our Website unless express prior written permission has been obtained from JustQandA.
In no event are you permitted to use our Information to sell a product or service, the same or similar to our Services, or to increase traffic to our Website or any other website, application, publication, online or offline content for commercial reasons, such as advertising sales. JustQandA reserves the right to prevent linking to our Website at any time.
USING OUR SERVICES
Our Services may prompt you to select or provide us with certain information, such as your age and gender. Under Australian Privacy Legislation, you have the right to obtain services anonymously or using a pseudonym. Notwithstanding this, you acknowledge that the information you select or provide us must be correct in order for us to provide our Services to you. We will not be responsible if you select incorrect variables or provide us with inaccurate or incorrect information about yourself. This includes information selected or entered with the intention of providing you with anonymity or pseudonymity.
You are responsible for supplying us with accurate data and information about yourself at all times and modifying any of your information immediately when changes occur.
We do not promise that you will have continuous and uninterrupted access to our Website or that our Website or our Services will be free of any harmful code, virus, or other malware. We are not responsible for any interference or damage to your device or computer.
PROVISION OF INFORMATION ABOUT YOU
You do not need to register or provide us with any information about yourself in order to browse our Information on our Website. However, in order for us to provide our Services to you, we need to collect personal and other information about you.
Any personal data or information provided by you is processed by us in accordance with our Privacy Policy.
In the provision of personal information:
As part of your access to and use of our Services, you may be able to create a personal profile.
To create a profile, you will be required to provide information, including an email address and password. Depending on our Services you use, you may also be required to provide other information relevant to your circumstances.
APPROPRIATE USAGE AND RESPONSIBILITIES
You must not use our Website, our Information, or our Services for any fraudulent or inappropriate purposes. You agree not to promote the unauthorized use of a third party or to encourage the third party to use any portion of our Website, our Information, or our Services to transmit or upload any content that is against the law, abusive, unauthorized, harassing, obscene, slanderous, virus-containing, or is otherwise distasteful as reasonably determined by us.
You agree not to resell, reproduce, or take advantage of any part of our Website, our Information, or our Services by robot, spider, other automated device, or manually to monitor or duplicate any content without our express written permission.
SPECIFIC PROHIBITION
You agree not to engage in any type of activity that negatively affects the purpose or intention of our Website, including, but not limited to, actually or attempting to manipulate, corrupt, or otherwise affect the outcome of our Services, in whole or in part, by, among other methods mentioned or not mentioned, subscribing another person or party without their authorization.
We and the Client reserve the right to suspend and/or cancel your attendance at an Event (even during the occurrence of an Event) if we or the Client deem that you have or will engage or have engaged in any inappropriate behavior. Neither us nor the Client will be liable to you for any loss or damage you may suffer as a result of either us or the Client exercising this right.
You must not:
Upload, post, publish, comment, email, reproduce, distribute, or otherwise transmit any information (including any review of our Services or persons associated with delivering our Services to you) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, untrue or explicit or unnecessarily graphic descriptions of accounts of and situations pertaining to sexual acts about us, our employees, or contractors.
Upload, post, publish, comment, email, reproduce, distribute, or otherwise transmit any content (including any review of our Services or persons associated with delivering our Services to you) that victimizes, harasses, degrades, or intimidates us, our employees, or consultants on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or harm minors in any way.
Upload, post, publish, comment, email, reproduce, distribute, or otherwise transmit any material that contains software viruses, Trojan horses, worms, or any other computer code, files, or programs, designed to maliciously, whether intended to or not, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Impersonate any person or entity, falsely state, or otherwise misrepresent affiliation with a person or entity.
Forge or manipulate packet headers in order to disguise the origin of any content transmitted to or through this website.
Intentionally or unintentionally violate any applicable local, state, or national law.
Harvest, collect, or store information about other clients of our Services.
SECURITY, VIRUSES, ERRORS AND AVAILABILITY
The internet is an insecure public network which means there are risks that information sent to or from us may be intercepted, corrupted, or modified by third parties. In addition, files obtained from or through us may contain computer viruses, disabling codes, worms, or other devices or defects. You bear the risks and responsibility for any loss or damage caused, directly or indirectly, by these risks and JustQandA is not liable for any interference with, or damage to, your computer system, device, software, or data occurring in connection with our Website.
NOTICE
Using our Services or visiting our Website, sending us information about yourself through our Services, emailing us, and completing forms (whether online via our Website) constitute electronic communications. By using our Website or our Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our Website.
You acknowledge that all contracts, notices, information, and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three (3) days after the date of posting any letter. As proof, it is sufficient that:
for letters, the letter was properly addressed, stamped, and placed in the post; and
for emails, the email was sent to the specified email address.
TERMINATION
We may suspend or terminate your access to our Website and refuse to provide you any of our Services, including prohibiting you from confirming attendance at an Event if you breach these Terms, we suspect or become aware that you have provided false or misleading information to us and/or we believe in our sole discretion that your actions may cause legal liability for you or us.
We will not be liable to you or any third-party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with this clause.
FORCE MAJEURE
We will be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms of Use, where this arises out of circumstances beyond our control, including but not limited to:
NO WAIVER
If we fail, at any time, to insist upon strict performance of your obligations under these Terms of Use, or if we fail to exercise any of the rights and remedies under these Terms of Use, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
If we waive a default, it does not constitute a waiver of any subsequent defaults.
No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.
SEVERABILITY
If any court decides that any of the provisions of these Terms of Use are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms of Use will continue to be valid.
UPDATES TO THESE TERMS
We reserve the right, in our discretion, to correct any errors or omissions in any part of our Website and our Information. We may restrict access to parts or the entirety of our Website and our Services at any time, including, but not limited to, our Information, certain features and our Services, hours of availability, and equipment needed for access or use, without notice or liability.
Our Information and any material on our Website may be out of date at any given time and we are under no obligation to update such material.
We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms of Use, in whole or in part, at any time. Notification of the changes to these Terms of Use will be posted on our Website and will be effective immediately, unless expressed otherwise.
It is your sole responsibility to periodically check these Terms of Use for any changes. If you do not agree with any of the changes that we make to these Terms of Use, you should navigate away from our Website and stop using our Services. Your continued use of our Website and our Services will be deemed as your acceptance of these Terms of Use as amended by us from time to time.
We may assign or sublicense any of our rights or obligations under these Terms of Use at any time, without obtaining your consent.