Second 50 Terms and Conditions of Use

Last revised: 19 July 2024

Before you join our community, it is important that you take a moment to carefully read our Terms and Conditions of Use.

Acceptance of the Terms and Conditions of Use

These terms and conditions of use for the website at www.second-50.co and all other SECOND 50 services (the “Website” or “Platform”), including but not limited to the online community spaces and in-person or virtual events run by SECOND 50, constitute a legal agreement and are entered into by and between you and Second Fifty Pty Ltd (“SECOND 50”, “Company”, “we”, “us”, “our”).

The following terms and conditions of use, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to, and use of, the Website and Second 50 Community Platform including any and all content, functionality, products and services offered on or through the Website and/or Platform.

BY SUBMITTING AN APPLICATION TO BECOME A MEMBER OF SECOND 50 (A “MEMBER”) AND BY USING THE WEBSITE or PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND BY, AND TO COMPLY WITH, THESE TERMS AND CONDITIONS, OUR PRIVACY POLICY, (THE “PRIVACY POLICY”), AND OUR COMMUNITY GUIDELINES, (THE “COMMUNITY GUIDELINES”) INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, COMMUNITY GUIDELINES OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE OR PLATFORM.

1 Access

(a) We grant you a limited, non-exclusive and non-transferable right to access our Website and use our Platform on the terms set out in these Terms and Conditions.

(b) To access or use our Website or Platform, you must be over the age of majority and have the requisite power and authority to enter into these Terms and Conditions. You may not access or use our Website or Platform if we have previously banned you from our Website or Platform or closed your account.

(c) You must register for our Platform by creating an account and provide certain information about yourself in order to use some of the features that are offered. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account. We reserve the right to close your account at any time for any or no reason.

(d) By creating an account, you agree to receive certain communications in connection with your use of our Website and Platform. If you have subscribed to them, you also will receive email marketing and product-related newsletters from us or notices on the Website. You can advise us if you no longer wish to receive those communications from us.

2 Membership

2.1 Eligibility

(a) SECOND 50 only approves the Membership applications of those individuals meeting our criteria. We may, in our sole discretion, refuse Membership to any person and we may likewise change our eligibility criteria for Membership at any time.

(b) For the avoidance of doubt, SECOND 50 retains the right in its sole discretion to deny use or access to anyone to all or any part of the services at any time and for any reason, including, but not limited to, for violation of these Terms and Conditions.

2.2 Fees

(a) Fees paid by you are final and non-refundable, unless otherwise determined by SECOND 50.

(b) If you wish to purchase a Membership made available through the Platform (“Purchase”), you may be asked to supply certain information relevant to your Purchase for use by third-party payment services providers.

(d) Unless otherwise stated, all fees are due immediately and payment will be facilitated by SECOND 50 by connecting you to a third-party payment processor or payment services provider, using your preferred payment method, after which you will receive a receipt by email.

(e) By submitting such information, you grant to third parties for the purposes of facilitating the completion of Purchases, access to your payment information.

(f) The SECOND 50 membership fee is exclusive of all taxes, duties, fees, levies, and other governmental charges, and credit card, debit card or payment-related fees. You are responsible for all amounts listed above.

2.3 Billing

(a) The membership fee will be automatically billed to the credit card, debit card, or another payment card you have provided. By submitting your application and providing billing information, you provide SECOND 50 authorisation to bill and automatically renew your membership on an annual basis until cancellation.

(d) Annual membership fee will be automatically charged on the day you submit your payment information. you will then be automatically charged on each subsequent annual anniversary of that first charge date for as long as you remain a member.

2.4 Promotions and discounts

(a) If you received a discount, promotional membership fee, or coupon code for your membership fee, SECOND 50 will automatically renew your membership at the regular non-promotional membership fee rate at the conclusion of the promotional period.

(b) SECOND 50 may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar Services obtained through the use of the Platform, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Platform or the fees applied to you.

2.5 Failure to Pay or Late Payments

(a) If you fail to pay membership fees when due in full, SECOND 50 may charge a late fee of 2% per month calculated daily and compounded monthly or the highest rate permitted under applicable law.

(b) SECOND 50 may choose to suspend your Membership at any time including for late payments and for failing to pay. If required, you agree to pay all costs of collection, including attorneys' fees, incurred by SECOND 50 to enforce your payment obligations as shown.

2.6 Cancellation

(a) You are permitted to cancel your annual subscription at any time by notifying SECOND 50 via email at community@second-50.co.

2.7 Refunds

SECOND 50 does not offer any refunds or credits if your Membership is cancelled for any reason. This rule remains in effect no matter the reason for cancellation, or if your Membership was cancelled by SECOND 50.

2.8 Membership Changes

(a) The Membership fee shall be the amount that was agreed to during the application process for the specific member.

(b) SECOND 50 reserves the right to change the Membership fee at any time by directly notifying you or by announcing a modification of Membership Fees through community notification or by email.

(c) SECOND 50 may change any part of Membership as it sees fit, including but not limited to, membership fees, payment plans, features, and events with the SECOND 50 community.

(d) If you do not agree to any changes made by SECOND 50, your sole remedy is to cancel your membership.

3 Acceptable Use

3.1 Generally

(a) The Website and Membership is provided for your personal, non-commercial use only. You agree that you will not, either through yourself or a third party:

use the Website or Platform for any unlawful purpose or in a way that breaches any laws or regulations or harasses, threatens, menaces or offends any person;
create an account by automated means or by providing false or fraudulent information;
use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (“Automated Process”) to process, monitor, copy or extract any web pages on the Website, or any of the information, content or data contained within or accessible through the Website or Platform;
use any Automated Process to aggregate or combine information, content or data contained within or accessible through the Website or Platform with information, content or data accessible via or sourced from any third party;
use any information on or accessed through the Website or Platform for any commercial purpose;
use any device, software, process or routine to interfere or attempt to interfere with the proper working of the Website or Platform or any transaction or process being conducted on or through it;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Website or Platform;
reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the Website or Platform, its software, underlying the infrastructure and processes;
act fraudulently or maliciously in relation to the Website or Platform; or,
copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from the Website or Platform.
use the Website or Platform in a manner that diminishes and/or tarnishes our image and/or reputation.

(b) We reserve all rights to block or remove Content that we determine to be:

abusive, defamatory, or obscene;
fraudulent, deceptive, or misleading;
in violation of a copyright, trade mark or, other intellectual property right of another; or
offensive or otherwise unacceptable to us in our sole discretion.
inappropriate for our members

3.2 Hyperlinking our content

(a) You may not create a link to any page of this Website without our prior consent. If you do create a link to a page of this Website you do so at your own risk and the exclusions and limitations set out these Terms and Conditions will apply to your use of this Website by linking to it.

(b) The following organisations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organisations; and
Online directory distributors may link to our Website in the same manner as they hyperlink to the websites of other listed businesses.

3.3 Framing

You may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website without our prior approval and written permission.

4 Your Content, Participation and Events

4.1 Content

(a) You acknowledge and agree that your relationship with SECOND 50 is not a confidential, fiduciary, or another type of special relationship and that your decision to submit any content does not place SECOND 50 in a position that is any different from the position held by members of the general public, including with regard to your content. None of your content will be subject to any obligation of confidence on the part of SECOND 50, and SECOND 50 will not be liable for any use or disclosure of any Content you provide.

(b) You confirm that the content provided on the Website is true and accurate. You also commit to maintain an updated User Profile, that represents the most up-to-date set of content related to your User Profile.

(c) Our community forums are restricted to registered users of SECOND 50. You are responsible for the Content that you post to the Website or Platform, including its legality, reliability, and appropriateness.

(d) All statements and opinions expressed by any member or third party are solely the opinions and the responsibility of the person providing those materials. These materials do not necessarily reflect the opinion of SECOND 50. We are not responsible or liable to you or any third party for the content or accuracy of materials from members or third parties.

4.2 Participation

(a) You acknowledge and agree that your Participation shall be considered non-confidential and non-proprietary. Through your Participation, you grant SECOND 50, our licensees, and vendors, and assigns the right to use, reproduce, modify, display, distribute, and otherwise disclose to third parties any such material for any purpose.

(b) You agree that you are responsible for all your Participation and you have full responsibility for all your Participation, including its legality and that it follows the SECOND 50 Community Guidelines.

(c) We have the right to cooperate fully with law enforcement or court order requesting or directing us to disclose the identity or other information of any Participation.

(d) You waive and hold harmless SECOND 50, its personnel, licensees, service providers and vendors from any claims resulting from any action taken by any of the foregoing parties during or taken as a consequence of, investigations by any such party, any law enforcement agency or other governmental authority.

(e) SECOND 50 does not review Participation before it happens and cannot guarantee immediate removal of any Participation.

(f) SECOND 50 assumes no liability for any action or inaction of any Members Participation.

4.3 Events

(a) You agree as a member to follow the SECOND 50 Community Guidelines which is found on the second-50.co Website in all activities related to the community. For clarity, all activities include digital messaging, live or virtual events, or any other activity in any way related to SECOND 50 (“Event”).

(b) You are aware and understand that an event may include activities that are dangerous and that involve the risk of serious injury and/or death and/or property damage.

(c) SECOND 50, our agents or employees shall not be liable for any death, personal injury, loss or damage, however caused in connection with an Event, except for death or personal injury arising out of SECOND 50's negligence.

(e) You agree that your attendance and participation in any SECOND 50 Event may be recorded by one or more methods (audio, video, digital or other formats). This recording (“Recording”), may be done by, or at the direction of SECOND 50, and you irrevocably grant and license to SECOND 50 and its affiliates and Partners (“Authorised Persons”) and assigns the rights to digitize, modify, edit, create derivative works, publicly display, broadcast, reproduce, sell, license, otherwise use, and permit others to use, the Recording. This use may include name, image, likeness, and voice, in perpetuity without further consent from or any royalty, payment, or other compensation to yourself. You agree that you have no right to review or approve a Recording before it is used by SECOND 50 in any way. Any credit to you in the Recording shall be determined by SECOND 50 in its sole discretion.

(f) You agree that SECOND 50 is the sole and exclusive owner of all right, title, and interest in and to any Recording including all copyrights and other Intellectual Property Rights therein, in perpetuity.

5 Third-party links

(a) We do not monitor or review the content of other party's websites that are linked to from this Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material.

(b) Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites.

(c) You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them.

(d) SECOND 50 will not be liable for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

(e) We may use third party services and social media platforms to facilitate registration or login to the platform. These third-party websites may have different terms, policies and practices than SECOND 50's.

(f) We do not assume any responsibility for the terms, policies, practices, actions or omissions of the third parties operating these websites. We strongly encourage you to read the privacy policies of these websites to enable you to make an informed decision whether or not to access the platform using these third-party websites.

(g) We also prohibit the use of SECOND 50's Intellectual Property Rights on these third-party websites in a way that is in breach of the prohibited uses of our content and platform as outlined in these Terms and Conditions.

6 Intellectual Property

6.1 SECOND 50 Intellectual Property

(a) We either own or otherwise have the right to use the Intellectual Property rights with respect to the Website and the Platform (SECOND 50 Intellectual Property Right). Intellectual Property means any current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property.

(i) You will not use any SECOND 50 Intellectual Property Right except as expressly provided under these Terms and Conditions. You will not assert any claim or interest in or to any SECOND 50 Intellectual Property Right or seek to register either on your own or on behalf of another, any intellectual property right that is the same or similar to any SECOND 50 Intellectual Property Right.

(ii) Your rights under the Terms and Conditions are to access the Website and the Platform. Nothing in these Terms and Conditions constitutes any licence of the SECOND 50 Intellectual Property Rights to you.

6.2 Intellectual Property in Your Content

(a) You own any Intellectual Property in Your Content.

(b) You hereby grant SECOND 50 a non-exclusive license to use, reproduce, edit and authorise others to use, reproduce and edit any of Your Content in any and all forms, formats or media.

7 Publicity

(a) You grant to SECOND 50 right to use your name and logo in connection with any and all publicity or marketing materials including but not limited to: a client page on the Website, marketing materials for specific events, publicity mentions in any articles spotlighting SECOND 50, and emails to potential customers.

(b) SECOND 50 will at no point use your name and logo to engage in any competitive behaviour.

8 Warranties

8.1 User Warranties

You represent and warrant that:

Your Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms and Conditions.
the posting of Your Content on or through the Website does not violate any intellectual property right, privacy right, contract rights or any other rights of any third-party.
Your Content does not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material.
Your Content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
all information in your Membership application or that you have or will provide to SECOND 50 was at the time of disclosure and remains currently accurate and without any material omission, and you covenant to update that information in the event that it is no longer entirely accurate or complete.
login credentials and passwords associated with your Membership are for your use only. You are solely and fully responsible and liable for any and all activities done through your login credentials or passwords whether or not done by you or a third party, whether with your permission and/or knowledge or not.
you alone are responsible for Your Content and assume all risks associated with Your Content.
you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase.
you have the authority and capacity to enter into the agreement constituted by these Terms and Conditions.
These Terms and Conditions constitute a legal, valid, and binding obligation, enforceable against you according to its terms.
you are not under any restriction or obligation that it would be reasonable to conclude may affect your performance of your obligations under these Terms and Conditions.

8.2 SECOND 50 Warranties

(a) SECOND 50 and its personnel make no representations or warranties about the suitability, reliability, availability, timeliness, security, error-free functioning, virus-free status or accuracy of the services, including any event, company materials, or any feature or portion thereof or any information or data made available from any of them for any purpose.

(b) To the fullest extent permitted by applicable law, the services, any portion thereof, and any information, or materials made available from, or through the services are provided “as is” and “as available” without warranty or condition of any kind.

(c) SECOND 50 disclaims all warranties and conditions of any kind, whether express, implied or statutory, with regard to the services, including all events and company materials, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

(d) To the extent that SECOND 50 may not as a matter of applicable law disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such law.

9 Limitation of Liability

(a) To the extent permitted by law, in no event shall SECOND 50 or any of its personnel be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, arising from your access to SECOND 50 including damages of any kind or the violation of your rights by any third party, even if you have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.

(b) In the event that SECOND 50 or any of its personnel are determined to have any liability hereunder, the parties agree that the aggregate liability of SECOND 50 or its personnel will be limited to the total amount you have paid to SECOND 50 in the previous 12-month period preceding the event giving rise to a claim. You fully agree that by becoming a member of SECOND 50 you agree to this limitation of liability.

10 Indemnity

(a) You (and also any third party for whom you operate an account or activity on the service) agree to defend (at SECOND 50' request), indemnify and hold SECOND 50 harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the service or those conducted on your behalf):

Your Content or your access to or use of the Website or Platform;
your breach or alleged breach of these Terms and Conditions;
your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
any misrepresentation made by you.

(b) You will cooperate as fully required by SECOND 50 in defence of any claim. SECOND 50 reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of SECOND 50.

11 Termination

(a) We may refuse your access to the Website and Platform, remove or modify your Membership with us or otherwise terminate or suspend your access to the Website and Platform at any time and for any reason. If you are found to be in breach of these Terms and Conditions, we will take immediate steps to remove your access to the Website and Platform without notice to you.

(b) You may cancel your Membership at any time in accordance with clause 2.4.

12 General

12.1 Applicable law

These Terms and Conditions are governed by the laws of the State of New South Wales, Australia. The sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state courts located in New South Wales, Australia. Both parties consent to the jurisdiction of such courts.

12.2 Enforceability

If a court of competent jurisdiction rules that any part of these Terms and Conditions are unenforceable for any reason, then such ruling will not affect the remaining provisions of these Terms and Conditions which will remain in full force and effect at all times.

12.3 Severability

If any portion of these Terms and Conditions is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

12.4 No Waiver

The express waiver by SECOND 50 of any provision, condition, or requirement of these Terms and Conditions will not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Unless, as expressly and specifically set forth in these Terms and Conditions, no representations, statements, consents, waivers, or other acts or omissions by SECOND 50 shall be deemed a modification of these Terms and Conditions nor legally binding, unless documented in writing by SECOND 50.

12.5 Assignment

SECOND 50 may assign or delegate its rights and/or obligations under these Terms and Conditions in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms and Conditions without the prior written consent of SECOND 50, and any unauthorised assignment and delegation by you is ineffective.

12.6 Entire Agreement

Unless otherwise expressly stated by us, these Terms and Conditions, the Privacy Policy and the Community Guidelines constitute the sole and entire agreement between you and SECOND 50 regarding the Website and Platform, and your use thereof, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

12.7 Changes

We may change these Terms and Conditions at any time. Any revised Terms and Conditions displayed on our Website and Platform from time to time will apply to your use of our Website, Platform, its content and any products or services we offer or supply.

13 Definitions

(a) Content means text, images, photos, audio, video, documents, reviews, feedback and all other forms of data or communication.

(b) Membership means a Membership with SECOND 50 on the Website or Platform.

(c) Participation means anything that you say, post, or do (or omit to do) in connection with your Membership in the SECOND 50 community including digitally or at an Event.

(d) SECOND 50 Content means Content that we create and make available in connection with our Website or Platform.

(e) Site Content means all of the Content that is made available in connection with our Website or Platform, including Your Content, Third Party Content, and SECOND 50 Content.

(f) Third Party Content means Content that originates from parties other than SECOND 50 or its users, which is made available in connection with our Website and Platform.

(g) Website means www.second-50.co.

(h) Your Content means Content that you submit or transmit to, through, or in connection with our Website and Platform, such as files, images, posts, comments, invitations, messages and information that is generated, posted and/or displayed privately and publicly on our Platform.

Second 50's Privacy Policy and Terms & Conditions of Use and Community Guidelines can be found at the footer of our website.

If you wish to ask any questions or make any comments about the Terms of Use, please contact community@second-50.co

Second Fifty Pty Ltd
PO Box 5043, Greenwich NSW 2065, AUSTRALIA