Terms & Conditions

Introduction

These terms and conditions (Terms) set out the terms on which Singles Weekend Pty Ltd, ABN 89 700 729 540 (Singles Weekend, we, our or us) provides you with the singles weekend retreat event for single adults.

By submitting an application or confirming that you have read and agree to these Terms (for example, by ticking a box on our website), you represent and warrant that you have the legal capacity to enter into a binding agreement with us and you agree to be bound by these Terms.

If you do not agree to these Terms, you must not submit an application, join our database, or use our services.

We may update these Terms from time to time. If we make material changes, we will publish the updated Terms and/or notify you (for example by email or via our application form). Your continued use of our services after any update will be taken as your acceptance of the updated Terms.

Services and exclusions

Services

Singles Weekend facilitates the singles weekend retreat event for single adults (Services) that you have selected on our website at singlesweekend.com.au (Website).

Our Services are designed to support adults seeking a healthy, emotionally mature, monogamous long-term relationship, through a curated, values-led weekend retreat (Event) based on the Event you select and apply for on our Website (Event Page).

The Services are strictly limited to the facilitation of the Event and the associated inclusions as shown on the Event Page you have selected. We do not organise or otherwise manage your interactions with any person you meet through our Services and the Event inclusions solely include what is stated on the Event Page; any additional activities not included in the "inclusions" on the Event Page will incur an additional fee, and must be paid by you at the time we notify you that payment is due, if you confirm your participation.

The Services may require Singles Weekend to make bookings for you, and as such you expressly authorise Singles Weekend to make bookings on your behalf and to arrange relevant contracts between you and third party companies that will help provide the Services, including but not limited to travel companies, restaurants, and hotels.

You acknowledge that third party suppliers may change or withdraw their prices without notice prior to you purchasing the relevant goods and/or services from them, and that Singles Weekend may receive a commission from third party service providers for booking their companies as part of the Services provided to you.

You acknowledge and agree that Singles Weekend does not provide travel services and that the terms and conditions of third party service providers (including cancellation and no-refund policies) will apply to all bookings you make through us.

Event dates

The Event date set out on the Event Page in relation to the Services is indicative only and is included as a guide for when the Event is intended to take place (Event Date). Due to various reasons, the Event Date may need to be changed, including by bringing it forward or by delaying it.

You acknowledge and agree that:

• Singles Weekend will endeavour to perform the Services by the Event Date, however due to various reasons the Event Date may need to be changed;
• changes to the Event Date do not constitute a breach of this agreement if the change is a result of reasons beyond the control of Singles Weekend or due to a delay by you; and
• you will do all things as reasonably required to assist Singles Weekend with ensuring the Services take place on the Event Date, including by entering into agreements with relevant suppliers.

If you request to change the Event Date, you acknowledge and agree that you may be required to pay an additional fee as a result of any changes required to alter the scope set out in the Event Page (including any changes to the delivery schedule, deadlines and fees) to accommodate that new Event Date.

Singles Weekend may, due to various reasons beyond its control, need to make reasonable adjustments to the Event Date. Singles Weekend will notify you if more than a 24 hour variation is required.

Event location

The general location, region or destination for an Event may be stated on the relevant Event Page. However, the specific venue, meeting point, accommodation address or other location details for the Event (Event Location) may only be provided to you after you have been accepted to attend the Event and have paid the Fees by the payment due date notified by us.

You acknowledge and agree that we are not required to provide the specific Event Location to you unless and until you have paid all Fees due and payable in respect of the Event.

Unless expressly stated on the Event Page, the Services do not include travel, transport, flights, transfers, parking, fuel, taxis, rideshare costs or any other costs associated with travelling to or from the Event Location. You are solely responsible for arranging and paying for your own travel to and from the Event Location, including ensuring that you arrive at the Event Location by the time notified by us.

We do not provide travel agency services, transport booking services or travel advice, and we are not responsible for arranging, managing or changing any travel or transport arrangements for you. We are not responsible for any loss, cost, expense, delay, missed activity, missed inclusion or other consequence arising from your travel arrangements, delays, cancellations or failure to arrive at the Event Location on time, except to the extent caused by our breach of these Terms, negligence or wilful misconduct.

If you are late, delayed or unable to attend the Event due to your travel arrangements or circumstances outside our control, you will not be entitled to a refund, credit or compensation, except to the extent required by law.

Minimum attendance

Each Event may be subject to a minimum number of confirmed attendees required for the Event to proceed, as stated on the relevant Event Page (Minimum Attendance). The Event will only proceed if the Minimum Attendance is met by the date determined by Singles Weekend, acting reasonably.

Unless otherwise stated on the Event Page, we may take payment of the full Fees for the Event before the Minimum Attendance has been met, to the extent permitted by law. No deposit will be required. Once your booking is confirmed, you must pay the Fees in full in accordance with the payment terms stated on the Event Page or otherwise notified to you.

If we cancel the Event because the Minimum Attendance is not met, we will refund you the Fees paid by you in respect of that Event, less any non-refundable costs we have reasonably incurred in connection with your booking, including identity verification costs, payment processing fees and booking costs, to the extent permitted by law. Where we cancel the Event because the Minimum Attendance is not met, this will not constitute a breach of these Terms by Singles Weekend, and to the maximum extent permitted by law we will not be liable for any other costs, expenses, losses or damages you incur in connection with that cancellation, including any travel, additional accommodation or other third party costs you have arranged separately, except to the extent caused by our breach of these Terms, negligence or wilful misconduct.

Eligibility and application

Eligibility and application

By applying to use the Services, you represent and warrant that you:

• are at least 18 years old and otherwise fall within the age range for the specific Event on the Event Page;
• are not subject to any active protection, restraining or apprehended violence order in any jurisdiction;
• have no convictions for violent or sexual offences;
• are currently single and seeking a monogamous, long-term relationship;
• are not living with a partner or spouse;
• are emotionally available and ready to date respectfully; and
• are separated from any previous long-term partnership, if applicable.

You agree to complete the application form (via our Website or any form required by us from time to time) honestly, and to provide all information we reasonably request for the purposes of screening, compatibility assessment and safety.

Submitting an application does not guarantee acceptance into the Event. Acceptance to attend the Event is at our sole discretion. We may decline any application, suspend or remove you from attendance at the Event, or limit your access to the Services at any time, including for behaviour we consider inconsistent with these Terms or with the vision and intention of the Service.

Information you provide us

As part of your application, and in order for us to assess your suitability for the Event and arrange the Services, we may ask you to provide further information, including your personal preferences, dietary requirements, health or accessibility information, room stay preferences, accommodation preferences, activity preferences and any other information reasonably required by us or our third party suppliers.

You acknowledge and agree that we rely on the information you provide to us in arranging the Event, including when making bookings, allocating rooms, organising meals and coordinating with third party suppliers. You must ensure that all information you provide to us is true, accurate, complete and up to date, and notify us as soon as reasonably practicable if any of it changes.

We will use reasonable endeavours to accommodate the preferences and requirements you provide to us, however preferences are not guaranteed and may be subject to availability, operational requirements, third party supplier terms, suitability, safety considerations and the nature of the Event. If we have arranged or confirmed any part of the Services based on the information or preferences you provided, we may not be able to amend, change or cancel those arrangements once confirmed, and if you request a change after arrangements have been confirmed we may decline that request or require you to pay any additional costs incurred as a result.

To the maximum extent permitted by law, we will not be responsible for any loss, cost, expense, inconvenience or inability to accommodate a preference or requirement arising from any inaccurate, incomplete, misleading or outdated information provided by you, or from your failure to notify us of any change to that information in a timely manner.

Identity verification

We may offer or require you to verify your details, using our processes or an external identity verification service as applicable (Verification Service). We will collect your personal information in accordance with our Privacy Policy. Where a Verification Service is used, you acknowledge and agree that we may contact and share your personal information with a Verification Service to verify your details, and you consent to us receiving, sharing and using this information to enable us to carry out Verification Services.

We may charge fees for Verification Services. Fees for Verification Services are non-refundable, including where your Event Application is unsuccessful, the Event does not proceed, or your booking is cancelled, except to the extent required by law.

While we will take all reasonable steps to verify your identity, we are reliant on the information and representations made by users in their Event Application. In accordance with these Terms, you should make your own inquiries as to other users' identities before engaging in contracts with those users.

Event application

When signing up for the Event on our Website, we will require you to register using a valid Australian mobile phone number, email address and identification document (Event Application). After receiving your Event Application, we will contact you to schedule an introductory call to get to know you, understand your interest in the Event, and assess whether you are eligible and suitable to attend (Eligibility Call).

Your participation in the Eligibility Call is a condition of us considering your Event Application. If you do not attend, or are unable to complete, the Eligibility Call to our reasonable satisfaction, we may refuse to consider your Event Application or provide you with the Services.

Following the Eligibility Call, we will review your Event Application and assess your eligibility to attend the Event. We may refuse to consider or approve your Event Application, or provide you with the Services, if: we cannot verify your identity; your verification outcome is in breach of these Terms; you do not complete the Eligibility Call to our reasonable satisfaction; we reasonably determine that you are not eligible or suitable to attend the Event; or we otherwise consider that approving your Event Application may be inconsistent with the purpose, safety, standards or intended experience of the Event.

We will confirm the outcome of your Event Application before requiring payment of any Event fee. You will not be required to pay any Event fee unless and until we have confirmed that your Event Application has been approved.

Your obligations at the event

Your obligations

You agree to act respectfully, honestly and responsibly in all interactions with us and with any person you meet through the Services. You must not:

• misrepresent your age, intentions, relationship status or other material facts;
• engage in harassment, bullying, abuse, threats, intimidation or any other behaviour that compromises safety or respect;
• repeatedly cancel or fail to attend agreed meetings without reasonable cause;
• use the Services to promote unlawful activity, discrimination or harm; or
• behave in a way that we consider inconsistent with the values and intention of the Service.

We may pause or remove you from the Event, decline to facilitate introductions, or end your access to the Services at any time without notice if we consider that your behaviour is inappropriate, dishonest, unsafe, or otherwise in breach of these Terms.

You warrant that all information you provide to us is true, accurate and not misleading, and you agree to promptly update us if any material information changes, including your relationship status, location, major lifestyle changes, or anything else relevant to your suitability for the Service. Misrepresentation of age, relationship status, intentions, identity, or other material facts may result in your immediate removal from the Event and/or refusal of further Services.

A host will be present throughout the Event with authority to issue warnings, mediate, and remove any guest where necessary for the safety or wellbeing of the group. The host's decision is final. Guests removed for conduct reasons may be banned from future events.

Code of conduct

You must behave respectfully, lawfully and with consideration towards all other attendees, hosts, Singles Weekend staff, venue staff, contractors, suppliers and any other person involved in or present at the Event, and comply with all reasonable directions given by Singles Weekend, any Event host, venue staff, accommodation provider or third party supplier in connection with the Event, including directions relating to safety, wellbeing, conduct, alcohol consumption, noise, privacy, property use and participation in activities.

Without limiting any other rights we may have under these Terms, we may immediately remove you from the Event, without refund, credit or compensation, if we reasonably consider that you have engaged in any of the following conduct:

• physical violence or threats of violence;
• sexual harassment, sexual assault, or any unwanted physical contact of any kind;
• verbal abuse, intimidation, bullying, harassment or threatening behaviour;
• behaviour that makes, or may reasonably make, another attendee or person feel unsafe, uncomfortable, harassed or intimidated;
• intoxication that impairs your behaviour, judgment, ability to participate safely, or ability to comply with these Terms or any reasonable direction;
• illegal drug use or possession at the Event Location or during the Event;
• damage to, misuse of, or interference with the Event Location, accommodation, property, contents, equipment or facilities;
• disclosure, publication or misuse of another attendee's personal information without their prior consent;
• taking, publishing or sharing photos, videos or recordings of another attendee without their prior consent;
• conduct that is discriminatory, vilifying, offensive or unlawful; or
• any other conduct that we reasonably consider risks the safety, wellbeing, comfort, privacy, reputation or enjoyment of other attendees, Singles Weekend, staff, hosts, suppliers or any other person.

A Singles Weekend host or representative will be present throughout the Event and may issue warnings, mediate disputes, manage safety or wellbeing concerns, and remove any attendee from the Event where they reasonably consider it necessary or appropriate. The decision of the host or Singles Weekend representative in relation to conduct, safety, wellbeing and removal from the Event is final.

If you are removed from the Event for a conduct breach, you will not be entitled to any refund, credit or compensation, except to the extent required by law. We may also refuse your application for, or ban you from attending, future Events.

Disclaimers

We do not guarantee attraction, compatibility, chemistry, communication, mutual interest, exclusivity, or any particular relationship outcome, including the commencement, continuation, or success of any relationship through the performance of our Services or at an Event.

Singles Weekend strives to provide a safe and enjoyable experience for all guests. However, you acknowledge that participation in the activities included in an Event involves inherent risks, including but not limited to personal injury, property damage, or loss. By attending, you agree to assume all responsibility and liability for any risks associated with the activities, and acknowledge that Singles Weekend is not liable for any injury, illness, loss, or damage arising from these risks.

You acknowledge that meeting another person, particularly someone you have met through an introduction, involves inherent risk of emotional distress, miscommunication, and physical or psychological harm. You are solely responsible for your own safety and wellbeing when communicating with, meeting, or forming a relationship with any person you meet through our Services.

If you feel unsafe or believe that your safety or someone else's safety is at risk, you should contact emergency services and/or seek professional support. You may also notify us if you experience behaviour that you consider unsafe or concerning, although we are not responsible for resolving disputes between individuals.

Any information provided to you as part of or in connection with the Services is general in nature and may not be suitable for your circumstances, and it is your responsibility to comply with applicable laws relevant to you.

You are solely responsible for the safety of your personal belongings during the Event. Singles Weekend will not be liable for any loss, theft, or damage to your personal property, including luggage, electronics, or valuables.

You are responsible for ensuring you are in good health and have the necessary medical precautions for the Event location. Singles Weekend is not responsible for any health issues or medical emergencies that arise during the Event. You are encouraged to consult with a healthcare provider prior to attending to address any health-related concerns.

Alcohol

Some Events may allow or involve the consumption of alcohol. Where alcohol is permitted, this will be stated or communicated by Singles Weekend before or during the Event. Unless otherwise stated, alcohol may only be purchased, supplied or consumed at the Event in accordance with the applicable liquor licence for the relevant venue or premises, and any directions given by Singles Weekend, venue staff, caterers or other authorised suppliers.

Alcohol is not supplied or sold by Singles Weekend. Where alcohol is made available at an Event, it will be supplied by the licensed venue, caterer or other appropriately authorised third party supplier, and its supply may be limited to certain times, areas or activities. Unless expressly permitted by Singles Weekend and the relevant licensed venue or supplier, you must not bring your own alcohol to the Event — any unauthorised alcohol may be confiscated, securely stored or required to be removed.

You must consume alcohol responsibly and in moderation, and must not consume alcohol in a way that creates a risk to your own safety, the safety of other attendees, staff, suppliers or any other person, or that disrupts the Event. You agree to comply with all reasonable directions given by Singles Weekend staff, venue staff, caterers, security personnel or third party suppliers in relation to alcohol consumption, conduct and safety.

Singles Weekend, venue staff, caterers or other authorised suppliers may refuse to supply alcohol to you, require you to stop consuming alcohol, remove you from an activity or the Event, or require you to leave the Event if they reasonably consider that you:

• are intoxicated or adversely affected by alcohol;
• are behaving in an unsafe, aggressive, offensive, inappropriate or disruptive manner;
• pose a risk to yourself, other attendees, Singles Weekend staff, venue staff, suppliers or any other person; or
• have failed to comply with these Terms or any reasonable direction given in relation to alcohol.

If you are removed from an activity or Event under this clause, you will not be entitled to any refund, credit or compensation, except to the extent required by law. You are responsible for arranging safe transport to and from any Event or activity where you consume alcohol, and you must not drive or operate any vehicle or equipment while intoxicated or otherwise impaired.

To the maximum extent permitted by law, Singles Weekend is not responsible for any loss, damage, injury, illness, cost or expense arising from or in connection with your consumption or misuse of alcohol, except to the extent caused by Singles Weekend's breach of these Terms, negligence or wilful misconduct.

Insurance

The Services do not include any insurance, including travel insurance, health insurance, personal accident insurance, cancellation insurance, baggage insurance or insurance for your personal belongings. You are responsible for obtaining, at your own cost, any insurance you consider appropriate in connection with your attendance at an Event, including insurance that covers:

• cancellation, postponement or rescheduling of the Event;
• travel delays, missed transport, cancelled flights or other travel disruptions;
• independently booked travel, accommodation, transfers or other arrangements;
• illness, injury, medical treatment or emergency assistance;
• loss, theft or damage to your personal belongings; and
• any other risks associated with attending the Event.

To the maximum extent permitted by law, Singles Weekend is not responsible for any loss, cost, expense, damage, injury, illness, travel disruption, cancelled booking or other liability that would have been covered by insurance had you obtained appropriate insurance, except to the extent caused by our breach of these Terms, negligence or wilful misconduct. You are responsible for ensuring that any insurance policy you obtain is suitable for your circumstances and provides adequate cover for the Event.

Nothing in this clause limits, excludes or modifies any rights you may have under the Australian Consumer Law or any other applicable law that cannot be lawfully limited, excluded or modified.

Fees and payment

Pricing of fees

The price of a service is that stated on the Event Page. Some aspects of the pricing are set by third party companies and subject to availability, and changes based on factors such as currency fluctuations, fuel price variations, tax and airfare increases. We may vary or withdraw a price at any time without prior notice to you. The price we quote to you is only guaranteed once you pay for a booking in full and we confirm your booking and the price in writing.

If we discover an error or inaccuracy in the price at which your order was purchased, we will attempt to contact you and inform you as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel and payment has already been debited, the full amount will be credited back to your original method of payment.

Fees, invoices & GST

You must pay the Fees in the amounts, and on or before the Due Date(s), set out in the Event Page. To the maximum extent permitted under the Competition and Consumer Act 2010 (Cth), any Fees paid in accordance with this agreement are non-refundable. If Fees for a Service are estimated or not set out in the Event Page, we will issue you a quote as soon as they are known, and will not book you into anything without your prior approval of those Fees. You must pay all charges related to any service booked by Singles Weekend on your behalf.

We will issue a valid tax invoice for payment of the Fees, and you must pay in accordance with the remittance method set out in that invoice. Unless otherwise indicated, amounts stated on the Event Page are inclusive of GST.

Singles Weekend reserves the right to suspend all or part of the Services indefinitely where you fail to pay the Fees. Unless otherwise agreed in writing, any third party costs incurred by Singles Weekend in the course of performing the Services may be billed to you, unless specifically otherwise provided for in the Event Page.

Late or non-payment

Your booking for an Event is not confirmed unless and until payment of the Fees has been received in full (or payment has been made in accordance with any deposit or instalment arrangement offered to you in writing) and we have issued written confirmation of your booking by email.

If you do not pay the Fees by the relevant Due Date, we may, without limiting any other rights: treat your booking as unconfirmed; decline, suspend or cancel your application or attendance; offer your place at the Event to another applicant; and/or require payment of any outstanding Fees before providing any further information or access, including the Event Location. If we have agreed to a deposit or instalment arrangement and you fail to make any payment by the relevant Due Date, we may cancel your booking and deal with amounts paid in accordance with the cancellation and refund provisions in these Terms.

Payments are processed through our third-party payment provider. Your payment may be subject to that provider's own terms, conditions and policies. Singles Weekend does not store your credit card or debit card details, and is not responsible for any delay, error, refusal, fee or issue caused by the third-party payment provider, except to the extent caused by our breach of these Terms, negligence or wilful misconduct.

If any Fees remain unpaid after the relevant Due Date, we may charge a late payment fee of up to 10% of the overdue Fees for each week they remain outstanding, to the extent permitted by law. Your place at an Event is subject to availability and will not be held unless your booking has been confirmed in accordance with this clause.

Accreditation, photos, videos and promotional materials

Unless otherwise agreed in writing, Singles Weekend may describe, reference and promote the Services and any Event, including on its Website, social media pages, marketing materials, advertising, newsletters and other promotional channels.

Singles Weekend may take, or engage third parties to take, photographs, videos, audio recordings or other content during or in connection with an Event (Event Content). By attending an Event, you acknowledge and agree that you may appear in Event Content, including in the background of photos or videos taken during the Event.

You grant Singles Weekend a royalty-free, non-exclusive, worldwide, irrevocable and perpetual licence to use, reproduce, publish, edit, adapt, communicate and display Event Content in which you appear for the purposes of promoting, marketing or advertising Singles Weekend, the Services or future Events.

We will use reasonable endeavours to respect any written request from you not to be featured in identifiable promotional photos or videos, however we may not be able to prevent you from appearing incidentally in background footage, group shots or content captured in public or shared Event spaces.

You must not take, publish or share photos, videos or recordings of other attendees without their prior consent, including on social media or other public platforms.

Nothing in this clause limits any rights you may have under applicable privacy laws. Where required by law, we will obtain your consent before using your image, likeness or personal information in a way that requires consent.

Confidentiality & privacy

Privacy

The parties must comply with, if applicable, their respective obligations under the Privacy Act 1988 (Cth) and Singles Weekend's privacy policy as in force from time to time. Singles Weekend will keep you informed of any changes to its privacy policy.

Confidential information

The parties will not, during or at any time after the Term, disclose Confidential Information directly or indirectly to any third party, except: with the other party's prior written consent; as required by law; or to their personnel on a need-to-know basis for the purposes of performing obligations under this agreement (Additional Disclosees).

If either party becomes aware of a suspected or actual breach of this clause by that party or an Additional Disclosee, that party will immediately notify the other party and take reasonable steps required to prevent, stop or mitigate the suspected or actual breach. The parties agree that damages may not be a sufficient remedy for such a breach.

A party may only use the Confidential Information of the other party for the purposes of exercising its rights or performing its obligations under this agreement. On termination or expiration of this agreement, each party must immediately return to the other party, or (if requested) destroy, any documents or other material in its possession or control containing the other party's Confidential Information.

Each party will ensure that its Additional Disclosees keep Confidential Information confidential on the terms provided in this clause, and will, when requested, arrange for an Additional Disclosee to execute a document reasonably required to protect Confidential Information.

Intellectual property

In this clause, Existing Material means material of either party other than New Material; New Material means material that is created, written, developed or otherwise brought into existence during the Term for the purposes of this agreement; and Material means tangible and intangible information, documents, reports, software, inventions, data and other materials in any media.

Except as otherwise stated in the Event Page or this clause, each party retains ownership of the Intellectual Property Rights in its Existing Material, and nothing in this agreement transfers ownership of, or assigns any Intellectual Property Rights in, either party's Existing Material to the other party.

You grant Singles Weekend (and its personnel) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use your Existing Material to the extent reasonably required to perform any Services, and warrant that our use of it will not infringe the Intellectual Property Rights of any third party — you will indemnify Singles Weekend against all losses, claims, expenses, damages and liabilities which arise out of any such infringement.

Singles Weekend grants you a non-exclusive, royalty free, non-transferable and revocable licence to use its Existing Material to the extent it is incorporated into New Material and such use is reasonably required for you to enjoy the benefit of the Services.

Unless otherwise stated in the Event Page, Intellectual Property Rights in New Material are immediately assigned to and vest in Singles Weekend as those rights are created. Singles Weekend warrants that the provision of the Services to you, and your receipt and use of the Services for their intended purpose, will not infringe the Intellectual Property Rights of any third party.

Subcontracting

Singles Weekend may subcontract any aspect of providing the Services and you hereby consent to such subcontracting.

Warranties

To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

Liability

To the maximum extent permitted by applicable law, the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you to Singles Weekend under the most recent Event Page.

To the maximum extent permitted by law, neither party will 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 in connection with this agreement or any goods or services provided by Singles Weekend, except in relation to a party's liability for fraud, personal injury, death or loss or damage to tangible property, or to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

If the parties have a dispute

If an issue between the parties arises under this agreement that cannot be resolved day-to-day, the parties will make genuine efforts in good faith to participate cooperatively in mediation, at equal shared expense. Mediation will be conducted through the Australian Disputes Centre (ADC) and in accordance with the ADC's Guidelines for Commercial Mediation (as current at the time of the dispute), and the parties will follow the mediator's recommendations on the extent of mediation required.

If mediation does not resolve the issue, the parties must, if they haven't already done so, engage independent legal representation at their own expense to understand the strength of their arguments, and based on that advice, if settlement is not achieved, participate in arbitration (or other agreed dispute resolution mechanism) through the ADC at equal shared expense. The parties will follow the binding outcome of that arbitration.

Either party may at any time make an offer for settlement, and the parties will use best endeavours to avoid litigation and reach a prompt settlement. This clause does not apply where a party requires an urgent injunction.

Termination

Termination by Singles Weekend

Singles Weekend reserves the right to cancel the Services in the event of unforeseen circumstances or circumstances beyond our control (such as natural disasters, political instability, or health-related emergencies). In such cases, we will offer you an alternative event or a full refund of funds paid, minus any non-refundable costs and transfer fees.

Termination by you

If you wish to cancel the Services or your attendance at an Event, you must provide written notice to us as soon as possible. Subject to any rights you may have under the Australian Consumer Law or other applicable laws, cancellation fees apply based on the timing of your cancellation as set out in clause 8 above. If you do not attend the Event, including where you are a no-show, no refund, credit or compensation will be provided. If you are removed from an Event due to a breach of these Terms, no refund, credit or compensation will be provided and any unpaid balance of the Fees remains due and payable, except to the extent required by law.

Termination for breach

If a party (the Notifying Party) considers that the other party is in breach of this agreement, the Notifying Party may provide a notice setting out the nature and details of the breach, with reference to the relevant clause(s), and may suggest ways to resolve it. The other party will have 10 business days (or longer, at the Notifying Party's discretion) to rectify the breach. After that period, the Notifying Party will notify the other party that the agreement continues (if rectified) or that it is terminated (if not).

Following a termination for breach, the parties will stop all work under this agreement unless otherwise agreed. Any disputes regarding termination must be dealt with in accordance with clause 15, and the warranties and liability caps in clauses 13 and 14 will apply to any resulting claims.

Other consequences of termination

If this agreement ends, in addition to the specific consequences set out above, the parties will: return all property and Confidential Information to the other party; comply with all obligations that are by their nature intended to survive the end of this agreement; and stop using any materials that are no longer owned by, or licensed to, them when this agreement ends.

Force majeure

A "Force Majeure Event" means any occurrence beyond the control of the affected party which prevents it from performing an obligation under this agreement (other than an obligation to pay money), including an act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire; strike or other industrial action; war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic or pandemic; or a government decision relating to COVID-19 or another epidemic or pandemic.

If a party becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, it must give the other party prompt written notice of reasonable details of the event and, so far as known, the probable extent of the resulting delay. Subject to that notice, the relevant obligation will be suspended to the extent it is affected, and the affected party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible and resume performance.

Notices

Any notices required to be sent under this agreement must be sent via email using the party's email addresses set out in the Event Page (or, if none is stated, to the email address most commonly used by the parties to correspond in relation to this agreement), and the subject heading must refer to the name and date of this agreement. A notice will be considered delivered 24 hours after it was sent, unless the sender has reason to believe it failed to send or was otherwise not delivered or received.

General

Governing law and jurisdiction

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, and waives any objection to the venue of any legal process on the basis that it has been brought in an inconvenient forum.

Other general terms

• Business days: if an act is to be done under this agreement on a day other than a business day, it must be done on or by the immediately following business day, unless this agreement expressly specifies otherwise.
• Amendments: this agreement may only be amended in accordance with a written agreement between the parties.
• Waiver: no party may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting it.
• Severance: any term of this agreement which is wholly or partially void or unenforceable is severed to that extent, without affecting the validity or enforceability of the remainder.
• Joint and several liability: an obligation or liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
• Assignment: a party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
• Counterparts: this agreement may be executed in any number of counterparts, each of which constitutes an original and all together constitute one agreement.
• Costs: except as otherwise provided, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
• Entire agreement: this agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, relating to its subject matter.

Interpretation

In this agreement: words in the singular include the plural (and vice versa); a reference to "$" or "dollar" is to Australian currency; words indicating a gender include the corresponding words of any other gender; a defined word or phrase in any other part of speech or grammatical form has a corresponding meaning; a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture, a partnership, a trust and any other entity; a reference to a party includes that party's executors, administrators, successors and permitted assigns; a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time; headings and bold text are for convenience only and do not affect interpretation; "includes" and similar words are not words of limitation; and no provision will be interpreted adversely to a party because that party was responsible for preparing this agreement or that provision.