MORE THE MERRIER Website Terms of Use

More The Merrier Pty Ltd ACN 150 229 717 (“MORE THE MERRIER”) provides the MORE THE MERRIER website (“Site”) to Site Members, including the MTM Entertainment Directory and its Web Tools. Becoming a Site Member is free.

By accessing or using the MORE THE MERRIER website, you agree to be bound by these terms and conditions in respect of your access to and use of this Site whether or not you choose to become a Site Member.

These terms and conditions are divided into three parts, the MORE THE MERRIER:

• Website General Terms of Use
• Premium Offering Terms and Conditions
• Privacy Policy.

Definitions
In Part A "you" or "your" means a visitor to the Site including but not limited to Site Members.
The following definitions apply to Parts A and B of these terms and conditions, unless the context otherwise requires:
The words "our", "we", or "us" means and refers to MORE THE MERRIER.
"Accommodation" means the supplier of lodgings including but not limited to a hotel, motel and serviced apartment.
"Associates" means: directors, officers, employees, servants, agents and related bodies corporate of the party specified.
"Business Day" means a day which is not a Saturday, Sunday, public holiday or bank holiday in the State of New South Wales Australia.
"Consequential Loss" means any special, indirect, consequential or punitive loss or damage including but not restricted to loss of profits or loss of business or loss of business opportunities.
"Entertainment" means the supplier of any activity provided for the purpose of entertainment including but not limited to live musical performances, theatrical performances and sporting events.
"Information" means information accessible via this Site or the Site Members.
"Listed Venue" means a Venue and/or Accommodation and/or and Entertainment listed in the MTM Entertainment Directory.
“Loss” means any loss, expense, damage or liability including but not restricted to Consequential Loss.
"MTM Entertainment Directory" means the directory available via this Site of Listed Venues.
"Premium offering" means the Party Planner option as detailed in Part B below.
"Site Member" has the meaning given under the heading below; "How do I become a member of the site?"
"Venue" means the supplier of a space in which Entertainment and/or food and/or alcohol is provided.
“Web Tools” means the search tool usable with the MTM Entertainment Directory to identify Venue/s, Entertainment or Accommodation according to criteria including, but not restricted to, group size, location and atmosphere.
In these terms and conditions: references to statutes, regulations, statutory rules or other subordinate legislation and instruments made under them include any amendments, consolidations, re-enactments or replacements; and a reference to a dollar or $ means Australian dollars being the lawful currency of the Commonwealth of Australia.

PART A: WEBSITE GENERAL TERMS OF USE

Acceptance of these Terms and Conditions
You must read these terms and conditions carefully before becoming a Site Member and using the functions provided by the Site. MORE THE MERRIER will from time to time update these terms and conditions and such modifications shall be effective immediately upon posting the modified terms and conditions on the Site and so it is important that you revisit this page regularly.

How do I become a member of the site?
You must be a Site Member to use the full functions of the Site. You become a Site Member by accepting these terms and conditions, acknowledging the Privacy Policy and by registering online [by clicking on the box below]. Site Members must be aged 18 and over.

How the site works
The Site has (a) public areas, (b) private areas and (c) Site Member Resources (as referred to below). Public areas are open to any Site visitors. The public area shows the home page and allows visitors to read some generic resources (like the Frequently Asked Questions section). Only Site Members are permitted to access the system tools available on this Site ("Site Member Resources"), including the Web Tools. Only Site Members can access the private areas of the Site. Private areas of the Site show the details of any exclusive offers by a Listed Venue and allow the use of shortlist functionality (for you to create a shortlist) and the use of the voting tool (for you and your group to vote on your favourite option).

What the site offers
By becoming a Site Member, you acknowledge:

• that there is no employment, independent contractor, partnership or agency relationship between MORE THE MERRIER and any Site Member, nor between MORE THE MERRIER and any Venue nor between MORE THE MERRIER and any Accommodation nor between MORE THE MERRIER and any Entertainment; and
• that the Site merely offers Site Members the opportunity to:
• use the MTM Entertainment Directory and its Web Tools;
• take up our Premium Services, if and when that suits you;
• take up the MTM Booking service for Listed Venues.

What the site does not offer
MORE THE MERRIER does not undertake any planning or coordination of any event other than making a group booking with your selected Venue and/or Entertainment and/or Accommodation, when you choose our Party Planner option. Rather, MORE THE MERRIER aims to give you IDEAS to assume direct with the Venue and/or Entertainment and/or Accommodation plus information as to costing and availability. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or the Internet generally. In no event will MORE THE MERRIER be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any Information contained on or omitted from the Site.

How to register
You can join the Site by completing the registration online. Site Member registration collects information including name, e-mail address, postcode and your day and month of birth (the latter for you to receive our Birthday Club specials). From time to time, MORE THE MERRIER may ask for feedback from its Site Members and possibly for other types of information which would enable us to know more about our Site Member's age range, occupation category, et cetera purely for the purposes of customising the Site more for you. (Providing this type of information is purely voluntary). All the information collected is stored securely. You should make yourself familiar with our Privacy Policy.

Do you wish to have your Venue, Entertainment or Accommodation listed in the MTM Entertainment Directory?
If you wish to be listed on the Site as a supplier of a Venue, Entertainment or Accommodation, please e-mail us with your e-mail address and telephone contact details and we will be in touch.

Site Member's Responsibilities
Passwords must be kept safe at all times by Site Member/s. A Site Member must not provide the login and password details for his/her registration to anyone other than MORE THE MERRIER. Site Member/s must notify MORE THE MERRIER immediately if the password is lost, stolen or disclosed to an unauthorised third party. MORE THE MERRIER is not liable for any privacy breaches or losses associated with others having knowledge of Site Member passwords.

The Site provides capability for Site Members to change the password at any time should a password require reset. The password reset process sends new passwords to the affected Site Member’s registered email system. MORE THE MERRIER assumes that the registered email address is accurate, secure and private. MORE THE MERRIER is not liable for any fraudulent password reset attempts, losses or privacy breaches associated with a Site Member’s email system being compromised.

Use of Site Member information
By becoming a Site Member you consent to:

• MORE THE MERRIER's collection of information about you including, without limitation, personal information and sensitive information as defined under the Privacy Act (Cth) 1988 as set out in MORE THE MERRIER's Privacy Policy (referred to in this clause as "your information"); and
• MORE THE MERRIER's retention of your information on MORE THE MERRIER's database for a period of 12 months after expiry of your Site Membership;
• the disclosure of your information by MORE THE MERRIER for the primary purpose of:
• MORE THE MERRIER managing the functions offered by the Site and overseeing administration associated with it/ them;
• implementing these terms and conditions;
• collecting any moneys owing by a Site Member to MORE THE MERRIER in respect of a Premium Service.

Updating Site Member information
You will notify us within seven (7) days of any change to your contact details including and not limited to your e-mail address, street address, postal address, telephone number and mobile number.  You must provide further information requested by MORE THE MERRIER in the event that MORE THE MERRIER decides to update the registration page on the Site.

Billing and Payment
If you wish to make an online payment for our Premium offering, you will need to pay by using our selected online payment system in compliance with MORE THE MERRIER’S “Premium Offering Terms and Conditions” for Site Members selecting the Party Planner option. MORE THE MERRIER currently uses PayPal to receive payments. At MORE THE MERRIER we take the security of our Site Member's personal details very seriously.

Site Member conduct
We want to ensure that using the Site is the best experience possible for all Site Members. To that end, you are prohibited from any actions that may interfere with another’s experience. These include, but are not limited to:

• using our systems to send unsolicited messages (SPAM);
• accessing or attempting to access data not intended for you;
• attempting to breach authentication or login to an account that you are unauthorized to access;
• disrupting service to the Site by interfering with the server or network by denial of service attack (DOS), spamming, or otherwise engaging in conduct that causes a threatened or actual nuisance to Site Members;
• forging information sent to the Site or in an email.

If you become a Site Member, you are participating in the Site community. You must conduct yourself in a manner that is appropriate for the purposes of this Site (as determined solely by MORE THE MERRIER) in the spirit of the community. You must not post, transmit, save, or distribute any Information or material that is:

• false, inaccurate or misleading;
• fraudulent;
• infringes the privacy or intellectual property or other proprietary rights of another;
• illegal;
• defamatory, libellous, threatening, or intimidating;
• distasteful, obscene or contains pornography;
• contains any viruses, Trojan horses, easter eggs, worms, time bombs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
• likely to, would or does create liability for MORE THE MERRIER or cause it to lose (in whole or in part) the services of its ISPs, Web hosting company, or other suppliers; or
• creates an unauthorized link to another website.

MORE THE MERRIER reserves the right to edit, refuse to post, or remove any Information or material from the Site it deems as inappropriate.

Prohibited uses
You must not use this Site for any purpose that is unlawful or gives rise to civil liability ("unlawful purposes") or is prohibited by these terms and conditions ("prohibited purposes"), and you must not aid and abet anyone else to do so. The unlawful purposes that are strictly prohibited include (without limitation):

• using the Site for fraudulent purposes or misleading and deceptive conduct;
• using the Site for money-laundering including, but not limited to, processing the proceeds of any illegal activity whatsoever;
• using the Site for evasion or attempted evasion of taxation law.

You must not use or attempt to use the Site or MORE THE MERRIER's copyright for commercial purposes.

You provide an indemnity in favour of MORE THE MERRIER and keep it indemnified against any loss or damage (including but not limited to any legal costs, claims or suits) resulting wholly or partly from you using this Site and/or MORE THE MERRIER's copyright of this Site in a manner unauthorised by these terms and conditions, and/or aiding and abetting someone else to do this.

Removal from Site
If any Site Member does not comply with these terms and conditions or, in the sole opinion of MORE THE MERRIER, has used or attempted to use the Site inappropriately, or for any unlawful purpose or prohibited purpose, MORE THE MERRIER will take action to remove it/ those from the Site without notice and appropriate legal action shall be pursued if deemed necessary. (The terminology "unlawful purposes" and "prohibited purposes" are defined under the heading above, "Prohibited uses.") Until all appropriate investigations are completed, the relevant Site Membership will be suspended. Any conduct that appears to involve any unlawful purposes shall be referred to the Police and/or other relevant public authority or body for further action, in which case your registration details to this Site shall be passed onto them as part of investigations of the relevant conduct.

Acceptance of Risk and Release from Liability
In using this Site, you acknowledge that MORE THE MERRIER makes no warranties or representation as to the quality, accuracy or completeness of the Information or the information provided by other Site Members (including, but not restricted to, any Venue or Accommodation). Other than as is expressly stated in these terms and conditions, MORE THE MERRIER makes no guarantee or warranty as to the quality, reliability or fitness for purpose of any service provided. You also acknowledge MORE THE MERRIER does not have any control over or responsibility for the actions of each Venue, of each Entertainment and each Accommodation and makes no warranties or guarantees as to their services or behaviour.

Whilst MORE THE MERRIER shall use reasonable endeavours to ensure the integrity and security of the Site, we do not guarantee that the Site will be free from unauthorised users or hackers. MORE THE MERRIER does not promise, represent or warrant that the Site will be accessible via the Internet at all times and it is not liable whatsoever for downtime of the Site due to reasons beyond its reasonable control such as a software virus.

In using this Site, you accept that there are risks associated with using the Information on this Site. MORE THE MERRIER disclaims all responsibility for material and Information posted on this Site (including, without restriction, any Listed Venue) and all liability (including, without limitation, liability in negligence) for all expenses, losses, harm, damages or costs you incur (including, without limitation, actual, indirect or consequential losses) as a result of your use of this Site or your removal from it.

Whilst MORE THE MERRIER shall exercise reasonable endeavours to monitor conduct of Site Members, MORE THE MERRIER is not responsible for Site Members’ conduct or the actions or inactions of any Site Member. You will not bring any action against MORE THE MERRIER or any claim or complaint based on breach of any obligation, express or implied, on the part of any other Site Member.

You release MORE THE MERRIER (and its Associates) from any claims, demands and damages (including any Loss) under any theory of law whatsoever, arising directly or indirectly out of, or in any way connected with:

• disputes with, or acts or omissions (including, without limitation, negligence) of, other Site Members;  disputes with, or acts or omissions (including, without limitation, negligence) of, any Listed Venue;
• your reliance upon Information; or
• your use of this Site generally.

In the event that the Site, Site Membership, Premium Services or these terms and conditions constitutes a supply of services to a consumer as defined in the Australian Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation (the “Acts”), nothing contained in these terms and conditions excludes, restricts or modifies any condition, warranty, statutory guarantee or other obligation in relation to this agreement/ these terms and conditions and any services provided by the Site and and/or MORE THE MERRIER and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty, statutory guarantee or other obligation is conferred upon you pursuant to any of the Acts, our entire liability and your exclusive remedy for breach of any such condition, warranty, statutory guarantee or other obligation, including any Consequential Loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) in relation to services, to:

• the supplying of the services again; or
• the payment of the cost of having the services supplied again as in each case MORE THE MERRIER may elect.

You also acknowledge that MORE THE MERRIER has not made any warranty or representation, express or implied, in relation to the Site or Site Membership, including whether it or they are suitable for a particular purpose (whether such purpose was in made known to MORE THE MERRIER or not), unless provided in writing by MORE THE MERRIER.
You also acknowledge that to the extent MORE THE MERRIER has made any representation which is not otherwise expressly stated in these terms and conditions, you have been provided with an opportunity to independently verify the accuracy of that representation.

Copyright
The content of this Site is protected by Australian and International copyright and other intellectual property laws. MORE THE MERRIER is the owner of copyright in each part of the content of this Site being:

• the menu tabs
• the content of both public and private pages
• all system tools available to Site Members
• Images that are owned by MORE THE MERRIER, our Logo
• site map
• these terms and conditions.

MORE THE MERRIER is also the owner of Copyright in any report or other document sent to you from the MTM IDEAS MAN (available when you select our Premium offering).
You are authorised to only download the available downloadable documents on this Site and this is for your personal use only: you must not do so for commercial or public purposes or for sale or redistribution.
The phrase MORE THE MERRIER is a registered trademark application of More the Merrier Pty Ltd ("MORE THE MERRIER trademark"). No permission is given to reproduce the MORE THE MERRIER trademark, and you may only create a link to this Site after first having gained MORE THE MERRIER’s express permission in writing.

Links to Third Party Sites
This Site may contain links to third party sites. Access to any other Internet site linked to this Site is at your own risk and MORE THE MERRIER accepts no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made on such sites. MORE THE MERRIER provides these links merely as a convenience and their inclusion does not imply an endorsement by MORE THE MERRIER.

General

• Your use of this Site will be governed by and construed pursuant to the laws of New South Wales and you agree to submit to the jurisdiction of the courts of that State and appeal courts there from.
• Any failure by MORE THE MERRIER at any time to enforce any of the provisions of these terms and conditions or any of its rights will not be a waiver of such provisions, rights or elections (unless and to the extent expressly stated by MORE THE MERRIER in writing) or affect the validity of these terms and conditions.
• If any clause or part of a clause of these terms and conditions is invalid, illegal, unlawful or otherwise being incapable of enforcement, that clause or part of a clause will be deemed to be severed and of no force and effect but all other clauses and parts of clauses of these terms and conditions will nevertheless prevail and remain in full force and effect and be valid and fully enforceable, minus the severed provision.

Termination
MORE THE MERRIER may terminate your Site Membership at any time during the Term in its absolute discretion by giving written notice of termination to you, subject to the operation of the "Premium Offering Terms and Conditions".  Termination of your Site Membership will not end those provisions in these terms and conditions that are capable of surviving the ending of your Site Membership.

B. PREMIUM OFFERING TERMS AND CONDITIONS

Who is covered by this Part B?
In this Part B "you" and "your" means a person/entity who books a Premium offering and any user of that booked Premium offering. If there is more than one of you, each person and/or entity is bound by these terms and conditions, jointly and severally.

Premium Services
MORE THE MERRIER also has a Premium offering for Site Members, being the Party Planner option:
- for you to receive 3 bespoke concepts/ ideas from the MTM IDEAS MAN for your group dining or other group entertainment activity or experience, tailored to your preferences;
- AND, if you wish, for MORE THE MERRIER to make a group booking for you with your preferred Venue and/or Entertainment and/or Accommodation selected from the ideas given to you by the MTM IDEAS MAN in his emailed report to you.

When you receive a report from the MTM IDEAS MAN, you are entitled to ask us to either completely change one of those concepts/ideas or to refine one of those concepts/ideas. (Limit of one request per report).

Our fees and charges for Premium Services
Until 1 January 2012, our Premium offering is available for a one-off fee of $150.

How our Premium offering works

• After you click on the Party Planner option (from the drop-down menu), you will be asked to complete a questionnaire to indicate your preferences as to the type and style of activity you are seeking for your group outing. The MTM IDEAS MAN will then contact and e-mail you a report with 3 ideas/bespoke concepts for that activity. Before sending that report, the MTM IDEAS MAN may telephone you for a brief chat about your preferences.
• You can within three months of receiving a report from the MTM IDEAS MAN, ask us to make a group booking for you with your preferred  Venues, Entertainment and/or Accommodation by selecting one or more of them named in the report.
• We will then ask you to nominate your group size and your preferred time(s) and date(s). We can then make a group booking for you, after making preliminary enquiries as to the availability of your preferred time(s) and date(s) for that activity. (If the Venue, Entertainment or Accommodation you have nominated as your first preference is unavailable at your preferred time(s) and date(s) for that activity, we will endeavour to contact you, asking you to nominate another Venue, Entertainment or Accommodation as included in the MTM IDEAS MAN report.)
• MORE THE MERRIER will then e-mail you with a booking confirmation from the Venue, Entertainment and/or Accommodation containing its or their contact details. The booked Venue, Entertainment and/or Accommodation will endeavour to get in touch with you. It is then up to that Listed Venue to arrange payment of your deposit to direct to it or them. (MORE THE MERRIER will not in any way be involved in your payment of a deposit or other monies to the Venue, Entertainment or Accommodation - this is something for you to arrange direct with it or them).

Ordering the Party Planner option
You must become a Site Member before placing an order for our Premium offering. To place an order for the Party Planner option simply complete and submit the questionnaire accessible by clicking on [the drop-down menu.]
[Button for Party Planner option questionnaire - with "Submit" button, tick box for accepting the terms and conditions, and payment gateway]

MORE THE MERRIER will use its best endeavours to acknowledge your request within three Business Days of receiving your request.

Your acceptance of these terms and conditions
By the placement of an order for our Premium offering, you agree to be bound by this section of the terms and conditions, without modification ("the Premium Offering Terms and Conditions"), the MTM Website General Terms of Use and the MORE THE MERRIER Privacy Policy, which together comprise the entirety of the agreement between you and MORE THE MERRIER (referred to hereinafter as "these terms and conditions"). In the event of any inconsistency between these documents, they shall be applied in the following order of priority to the extent of the inconsistency only:

• the Premium Offering Terms and Conditions;
• the MTM Website General Terms of Use;
• the MORE THE MERRIER Privacy Policy.

The relationship between you and MORE THE MERRIER is that of an independent contractor. You acknowledge that at all times that MORE THE MERRIER supplies you with its Premium offering MORE THE MERRIER is acting as an information broker only and not as a supplier or agent of the Venue, Entertainment or Accommodation.

You release MORE THE MERRIER (and its Associates) from any claims, demands and damages (including any Loss) under any theory of law whatsoever, arising directly or indirectly out of, or in any way connected with:

• any goods or services offered to you by a Venue, an Entertainment or Accommodation,
• any goods or services supplied to you by a Venue, an Entertainment or Accommodation,
• any goods or services supplied to you associated with a Venue, an Entertainment or Accommodation,

and regardless of whether or not it or they were included in a report to you by the MTM IDEAS MAN or selected by you via our Party Planner option.

Your use of our reports

• The statements, information and recommendations contained in a report from the MTM IDEAS MAN circulated to you are given in good faith and have been derived from sources believed to be reliable and accurate as at the date thereof. No warranty as to the accuracy or completeness of the report contents and no warranty as to fitness for any purpose are given and no responsibility is accepted by MORE THE MERRIER or its Associates for any loss or damage arising from reliance on the statements, information, or recommendations given.
• The inclusion of a Venue, an Entertainment or an Accommodation in our report/s does not comprise or imply an endorsement thereof by MORE THE MERRIER or its Associates.

Your payment of our one-off fees
Each time you book a Premium offering, you warrant and promise to MORE THE MERRIER that you are the owner or the fully authorised user of the credit card or PayPal account being used for payment of our fees for the Party Planner option.

When we would end the Premium Services
Without limiting any other provision of these terms and conditions, MORE THE MERRIER may in its sole discretion immediately terminate a Premium offering:

1. if you fail within three Business Days to rectify a breach of these terms and conditions by you, being a breach which in the sole opinion of MORE THE MERRIER is capable of being rectified;
2. if you breach a provision of these terms and conditions and such breach in the sole opinion of MORE THE MERRIER is not capable of being rectified.

Examples of a breach covered by paragraph (A) would be in the (unlikely) event that your payment of our one-off fee is reversed either by the credit card holder, the credit card issuer or the payment gateway, banker or other financial institution.