Term of Use for Laughing Camel | Laughing Camel

Last updated on 28 May 2018.
These terms of use (Terms) govern your use of the Laughing Camel mobile and web application (together, the Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by these Terms which form a binding contractual agreement between you, the user of the Platform (you or User) and us, Laughing Camel, a wholly owned subsidiary of Xoot Pty Ltd ABN 64 125 614 842 (Laughing Camel, we or us).
The Platform is a passive medium that facilitates the introduction of:

  • users of the Platform who offer to provide guitar lessons (Service Providers); and
  • users of the Platform who are seeking to take guitar lessons (Customers).

Please carefully read these terms including the disclaimer at clause 14. If you do not agree to these terms, please do not use the Platform. We may change these Terms at any time by updating this webpage, and your continued use of the Platform following such update will represent an agreement by you to be bound by the Terms as amended.

WHAT PARTS OF THESE TERMS APPLY TO ME?
The remainder of these Terms are divided into three parts:

  • Part 1 (All Users), which sets out terms that apply to all Users, including Service Providers and Customers (see pages 2 – 6 inclusive);
  • Part 2 (Service Providers), which sets out additional terms that apply to Service Providers (see pages 7 and 8); and
  • Part 3 (Customers), which sets out additional terms that apply to Customers (see pages 9 and 10).

If you intend to use the Platform as a Service Provider, only Parts 1 and 2 of these Terms will apply to you.
If you intend to use the Platform as a Customer, only Parts 1 and 3 of these Terms will apply to you.

PART 1: ALL USERS

1.ELIGIBILITY
(a)This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent that you are either:
(i)over the age of 18 years and accessing the Platform for personal use; or
(ii)accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
(b)Please do not access the Platform if you are under the age of 18 years old and do not have your parent’s or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
(c)If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so.

2.ACCOUNTS
(a)In order to use most of the functionality of the Platform, all Users, both Service Providers and Clients, are required to sign-up, register and receive an account through the Platform (an ‘Account’).
(b)As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, photos and video, audio files, profile information, payment details, ratings and reviews, verified identifications, verified certifications and authentications, and other information as determined by Laughing Camel from time to time.
(c)Your Account includes access to a live chat video function which you may only use in accordance with these Terms and applicable laws.
(d)You warrant that any information you give to Laughing Camel in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(e)Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
(f)Once you complete the Account registration process, Laughing Camel may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(g)Laughing Camel reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(h)Laughing Camel may suspend or cancel your Account for any reason, including for any failure to comply with the Terms.

3.USER OBLIGATIONS
As a User, you agree:
(a)to comply with the Terms;
(b)not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User;
(c)to always be appropriately dressed when using video communication with any other User;
(d)to not copy, reproduce, translate, adapt, vary or modify the Platform without the express consent of Laughing Camel;
(e)to not share your Account with any other person (unless you hold an account on behalf of someone as their guardian);
(f)you will be solely responsible for any activities that occur under your Account;
(g)that any use of your Account registration information by any other person is strictly prohibited (except where you hold an account on behalf of someone as their guardian);
(h)to immediately notify Laughing Camel of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
(i)you must not expressly or impliedly impersonate any other User of the Platform or use the profile or password or account of another User at any time (other than where you hold an account on behalf of someone as their guardian);
(j)that you are solely responsible for your mobile phone and computer, access to and connectivity to the internet and all costs, including mobile data, required to use the Platform;
(k)to receive marketing materials and other communications from Laughing Camel, that you may unsubscribe from, though you cannot unsubscribe from messages on the Platform to your Account;
(l)to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services;
(m)to not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes);
(n)to not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Laughing Camel;
(o)to not use the contact details of other Users for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
(p)you must not make any automated use of the Platform;
(q)you will not use the Platform for any illegal or unauthorised purpose, which includes collecting email addresses of Users for any purpose such as sending unsolicited email, or unauthorised framing of or linking to the Platform;
(r)that any commercial advertisements, affiliate links and other forms of solicitation may be removed from your Account, profile or communications without notice and may result in termination of your Account. Appropriate legal action will be taken by Laughing Camel for any and all illegal or unauthorised use of the Platform;
(s)not to act in any way that may harm the reputation of Laughing Camel or associated or interested parties or do anything at all contrary to the interests of Laughing Camel or the Platform;
(t)you are solely responsible for your use of the Platform, including for:
(i)if you are a Customer, requesting, confirming, booking and using and ceasing to use a Service Provider; and
(ii)if you are a Service Provider, making and accepting offers to provide, and providing, services; and
(u)that in making or receiving any payments via the Platform, you warrant that you have read, understood and agree to be bound by the Stripe Services Agreement [https://stripe.com/en-AU/ssa], or the terms of use of other payment methods from time to time, that will be available on their website.

4.POSTED MATERIALS – WARRANTIES
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
(a)you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
(b)the Posted Material is accurate and true at the time it is provided;
(c)any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d)the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;
(e)the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
(f)the Posted Material does not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (IPR);
(g)the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
(h)the Posted Material does not breach or infringe any applicable laws.

5.POSTED MATERIALS – LICENCE
(a)You grant to Laughing Camel a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any IPR in any Posted Material in order for Laughing Camel to use, exploit or otherwise enjoy the benefit of such Posted Material.
(b)If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Laughing Camel from any and all claims that you could assert against Laughing Camel by virtue of any such moral rights.
(c)You indemnify Laughing Camel against all damages, losses, costs and expenses incurred by Laughing Camel arising out of any third party claim that your Posted Material infringes any third party’s IPR.

6.POSTED MATERIALS – REMOVAL
(a)Laughing Camel acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Laughing Camel may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the material and/or information.
(b)You agree that you are responsible for keeping and maintaining records of Posted Material.

7.RECORDINGS
Note to Users: This function may not yet be available on the Platform.
(a)You irrevocably consent to Laughing Camel recording and storing all lessons and other communications that take place on the Platform in accordance with Laughing Camel’s privacy policy.
(b)You may have access to the recording if you pay Laughing Camel the then standard fee for a video of a lesson as published on Laughing Camel’s website and amended from time to time.

8.REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
Laughing Camel will have no liability or obligation to you if:
(a)a Customer or Service Providers cancels at any time after the time for performance of the Service Listing is agreed; or
(b)for whatever reason, including technical faults, a lesson or other communication cannot be performed or completed,
and you will not be entitled to any compensation from Laughing Camel.

9.PAYMENTS, FUNDS AND OFFERS
(a)Coupons (funds in your account) must be used in their entirety within 12 months of date of purchase. Any outstanding value of coupons will be forfeited after this time.
(b)Promotional offers (gifts, free lessons, discount vouchers, or any other offers) may be cancelled at any time without notice.

10.SERVICE LIMITATIONS
The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge that Laughing Camel cannot guarantee that:
(a)the Platform will be free from errors or defects;
(b)the Platform will be accessible at all times;
(c)messages sent through the Platform will be delivered promptly, or delivered at all;
(d)information you receive or supply through the Platform will be secure or confidential; or
(e)any information provided through the Platform is accurate or true.

11.INTELLECTUAL PROPERTY
Laughing Camel retains ownership of the Platform and reserves all rights in any IPR owned or licensed by it not expressly granted to you.

12.THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Laughing Camel takes no responsibility for Third Party Content and makes no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

13.DISPUTES BETWEEN USERS
(a)You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
(b)If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Laughing Camel via service@laughingcamel.net . We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(c)Any costs you incur in relation to a complaint or dispute will be your responsibility.
(d)Laughing Camel has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
(e)Laughing Camel reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
(f)If you have a dispute with Laughing Camel, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
(g)Notwithstanding any other provision of this clause 12, you or Laughing Camel may at any time cancel your Account or discontinue your use of the Platform.

14.SECURITY
Laughing Camel does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

15.DISCLAIMER
(a)(Introduction service) Laughing Camel is a medium that facilitates the introduction of Customers and Service Providers for the purposes of making arrangements to fulfil service offerings regarding location hire services and event services and similar. Laughing Camel simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Service Providers in relation to such services or otherwise resulting from the introduction.
(b)(Limitation of liability) To the maximum extent permitted by applicable law, Laughing Camel excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Service Provider. This includes the transmission of any computer virus.
(c)(Limitation of liability) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Laughing Camel’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
(i)in the case of goods, their replacement or the supply of equivalent goods or their repair; and
(ii)in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
(d)(indemnity) You agree to indemnify Laughing Camel and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’ use of the Platform or your provision or receipt of Services from another User.
(e)(Consequential loss) Under no circumstances will Laughing Camel be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, these Terms or their subject matter, or any services provided by any Service Provider.

16.CONFIDENTIALITY
You agree that:
(a)no information owned by Laughing Camel, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
(b)all communications involving the details of other users on this Platform and of the Service Provider are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

17.PRIVACY
You agree to be bound by the clauses outlined in Laughing Camel’s Privacy Policy.

18.TERMINATION
(a)Laughing Camel reserves the right to terminate a User’s access to any or all of the Platform (including any listings and memberships) at any time without notice, for any reason.
(b)In the event that a User’s membership is terminated:
(i)the User’s access to all posting tools on the Platform will be revoked;
(ii)the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
(iii)the User may be unable to view the details of all other Service Providers (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
(c)Users may terminate their membership on Laughing Camel at any time by using the Platform’s functionality where such functionality is available. Where such functionality is not available, Laughing Camel will effect such termination within a reasonable time after receiving written notice from the User.
(d)Notwithstanding termination or expiry of your membership or these Terms, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination, will continue to apply.

19.TAX
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Laughing Camel will not be held accountable in relation to any transactions between Customers and Service Providers where tax related misconduct has occurred.

20.RECORD/AUDIT
To the extent permitted by law, Laughing Camel reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Laughing Camel.

21.GOVERNING LAW
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.