InClub Terms and Conditions

Welcome to InClub! We are a social media platform where you can join brand communities, connect with other members, share content, and access products from your favourite Brands (Platform).

In these Terms, when we say you or your, we mean you as an individual if you are accepting these Terms for yourself. When we say we, us, or our, we mean Taskinator Pty Ltd (ACN 666 134 103). You can contact us at [email protected].

These terms and conditions (Terms) form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use the Platform unless you agree to these Terms. Capitalised words have the meaning set out in clause 13.

Our disclosures

Please read these Terms carefully before you accept. We draw your attention to:

• our privacy policy (available at inclub.vip/privacy), which sets out how we will handle your personal information;
• if you consent to receiving marketing materials from Brands (when you join a Community), we will share your marketing details (e.g. name and email) with the relevant Brand. You can unsubscribe or opt out at any time;
• clause 1.3 (Variations), which sets out how we may amend these Terms; and
• clause 9 (Liability), which sets out exclusions and limitations to our liability under these Terms.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites through a link in the Platform, or for featuring certain goods or services on the Platform.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Engagement and Term

1.1 These Terms apply from the time you agree to these Terms, until the date these Terms are terminated in accordance with their terms (Term).

1.2 Provided you comply with these Terms, we will provide you with access to the Platform. We will not be responsible for any other services unless expressly set out in these Terms or on our website.

1.3 We may amend these Terms at any time, by providing written notice to you. By clicking "I accept" or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Platform.

2. Account

2.1 You must sign up for an Account in order to access and use the Platform.

2.2 You must be at least 16 years old to create an Account. If you are 16 or over, but under 18, your parent or guardian must accept these Terms on your behalf and monitor your use of the Platform.

2.3 We may use a combination of methods to verify your age and to detect users under the age of 16 on the Platform, including artificial intelligence and behavioural monitoring tools (where applicable). If we suspect you are under 16, we may suspend your Account while we investigate. If we reasonably suspect or confirm you are under 16, we will deactivate your Account and may restrict you from re-registering.

2.4 While you have an Account with us, you agree to keep your information and your account access (such as the email inbox you use to sign in) up-to-date and secure. Sign-in to the Platform is by a one-time code sent to your email — we do not issue or store passwords, so the security of that inbox is your responsibility.

2.5 If you close your Account, you will lose access to the Platform.

3. Licence

3.1 During the Term, we grant you a right to use our Platform in accordance with these Terms. This right cannot be passed on or transferred to any other person.

3.2 You must access and use our Platform only for legal, authorised, and acceptable purposes. You will not use (or assist others in using) our Platform in ways that:

• access or use the Platform in any way that is improper or breaches any laws, or infringes any person's rights (for example, intellectual property rights and privacy rights);
• post or transmit any User Content that is defamatory, bullying, abusive, offensive, indecent, menacing, harassing, hateful, racially or ethnically offensive, obscene, pornographic, or that promotes or encourages violent crimes, terrorism, self-harm, suicide, or any other illegal or inappropriate conduct;
• publish falsehoods, misrepresentations, or misleading statements;
• impersonate any person or entity;
• send illegal or impermissible communications, such as bulk messaging or spam;
• introduce any viruses or other malicious software code into the Platform;
• build similar or competitive software to the Platform; or
• use the Platform for any non-personal or commercial purpose unless we have authorised you to do so in writing.

4. Availability, Disruption and Downtime

4.1 We aim to keep the Platform available at all times but cannot guarantee uninterrupted access. Scheduled or emergency maintenance, or disruptions from third-party service providers such as cloud hosting services, may occasionally affect availability. To the maximum extent permitted by law, we are not liable for any such disruptions.

5. Community

5.1 On our Platform, you can join a Community which is managed and operated by a particular Brand.

5.2 When you join a Community on our Platform, you must agree to the relevant Brand's community guidelines.

5.3 Through the Platform, you can access and purchase products from a Brand's store (Brand Shop). All purchases are made directly through the Brand's own checkout and are governed by the Brand's sales terms, refund policy, and returns policy. We are not a party to any purchase you make through a Brand Shop and are not liable for any products purchased. For any purchase-related issues, including returns or complaints, contact the Brand directly.

5.4 We provide a platform for Brands to build communities. We do not create, post, or endorse content on behalf of any Brand, and nothing on the Platform should be read as a statement or endorsement by us of any Brand, its products, or its views. Each Brand is solely responsible for its own community, content, and conduct on the Platform.

6. Intellectual Property and Data

6.1 We own all intellectual property rights in the Platform. This includes how the Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property).

6.2 Our Content. We own or have licences to all content displayed on the Platform (Our Content). You do not have any ownership rights in any of Our Content. Provided you comply with these Terms, we grant you a non-exclusive, revocable, non-sublicensable and non-transferable licence to view Our Content, solely for your own personal use. You must not, unless expressly authorised by us or these Terms:

• copy or modify, in whole or in part, any of Our Content;
• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or otherwise commercialise Our Content to any third party; or
• breach, or allow any third party to breach, any intellectual property rights in Our Content.

6.3 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result.

6.4 When you use the Platform, we may create anonymised statistical data from your usage (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve the Platform, develop new offerings, and identify business trends, provided it is not compiled using a sample size small enough to make your data or identity identifiable.

6.5 User Content and licensing. We may allow you to post, upload, publish, submit or transmit relevant information and content to the Communities you join (User Content). You own all intellectual property rights in User Content created and published by you. By uploading User Content to the Platform, you grant us a non-exclusive, worldwide, royalty-free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store and modify your User Content to the extent reasonably required by us to provide the Platform and to promote the Community or Platform. This licence ends when you delete the relevant User Content or close your Account, except as required by our standard backup processes (up to 14 days) or to the extent we must retain material for legal or safety reasons (see our Privacy Policy).

6.6 You waive all moral rights which you may have under applicable law in relation to User Content.

6.7 You are solely responsible for all User Content you make available on or through the Platform. You represent and warrant that: (a) User Content complies with the Brand's community guidelines; (b) you are either the owner of the content or have all necessary rights, licences, consents and permissions to post it; and (c) posting or sharing User Content will not infringe any third party's intellectual property, privacy or publicity rights, or violate any applicable law.

6.8 Content moderation. We do not endorse or approve, and are not responsible for, any User Content. We and the Brands reserve the right to review and approve all User Content and may, at any time at our sole discretion, remove any User Content. If you believe any User Content breaches these Terms or community guidelines, you can report it using the reporting function in the Platform.

6.9 This clause 6 will survive the termination or expiry of these Terms.

7. Personal Information

7.1 We collect, hold, use and disclose any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws.

7.2 You must only disclose Personal Information to us if you have the right to do so (such as having the individual's express consent).

7.3 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors).

7.4 Where you consent, we will provide your marketing details to the Brands. Any marketing materials sent to you by the Brands are independent of us, and you can always opt out or unsubscribe at any time.

7.5 This clause 7 will survive the termination or expiry of these Terms.

8. Consumer Law Rights

8.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms.

8.2 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

8.3 This clause 8 will survive the termination or expiry of these Terms.

9. Liability

9.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with: (a) your private dispute with another user or with a Brand; or (b) any use of the Platform by a person or entity other than you.

9.2 Regardless of anything else in these Terms, to the maximum extent permitted by law: (a) neither we nor you are liable for any indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of opportunity, loss of savings or loss of reputation; (b) a party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the other party (including any failure to mitigate); and (c) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000.

9.3 This clause 9 will survive the termination or expiry of these Terms.

10. Notice Regarding Apple

10.1 To the extent that you are using or accessing the Platform on an iOS device through a mobile application from the Apple App Store, you acknowledge and agree to this clause. These Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform or any content on it.

10.2 Apple has no obligation to furnish any maintenance or support services for the Platform.

10.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the mobile application to you. To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

10.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application, including (1) product liability claims; (2) any claim that the mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

10.5 Apple is not responsible for the investigation, defence, settlement or discharge of any third-party claim that our mobile application infringes that third party's intellectual property rights.

10.6 You agree to comply with any applicable third-party terms when using our mobile application.

10.7 Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

10.8 You represent and warrant that (1) you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

11. Termination

11.1 We may terminate these Terms (meaning you will lose access to the Platform) if you breach these Terms and do not remedy that breach within 14 days of us notifying you.

11.2 We may suspend your Account and terminate these Terms immediately if you engage in fraud or misrepresentation, post unlawful User Content, or act in a way that threatens the safety, security or integrity of the Platform or any other users.

11.3 You may terminate these Terms if we breach these Terms and do not remedy that breach within 14 days of you notifying us.

11.4 You may also terminate these Terms at any time by notifying us through your Account or at our email for notices (clause 12.5), and termination will take effect immediately.

11.5 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

11.6 This clause 11 will survive the termination or expiry of these Terms.

12. General

12.1 Confidentiality. Each party agrees to keep the other party's confidential information confidential and to take reasonable steps to protect it from unauthorised access or disclosure.

12.2 Disputes. Neither party may commence court proceedings relating to any dispute in connection with these Terms unless the parties first meet (in good faith) to resolve the dispute. Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief.

12.3 Events outside our control. We will not be liable for any delay or failure to perform our obligations where caused or contributed to by an event or circumstance beyond our reasonable control.

12.4 Governing law. These Terms are governed by the laws of Queensland, and any matter relating to these Terms is to be determined exclusively by the courts of Queensland and any courts entitled to hear appeals from those courts.

12.5 Notices. Any notice you send to us must be sent to [email protected]. Any notice we send to you will be sent to the email address registered against your Account.

13. Definitions

In these Terms:

Account means an account accessible to the individual who signed up to the Platform.

Brand means a merchant or business that operates a Community on the Platform.

Community means a brand-specific group on the Platform operated by a Brand, through which members can connect, share content, and access the Brand's products.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect, and whether present, unascertained, future or contingent.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in a tangible form or not.