1. Welcome to kast.io and kast.cloud (the Website). The Website facilitates interactions between:

   1. organisations who are looking for its members to join their groups (Organisers); and
   2. individuals who are permitted by an Organiser to join the Organiser’s groups (Users),

   making it easier for the Users and Organisers to connect with each other (the Services).

2. The Website is owned and operated by Kast Enterprises Pty Ltd (ACN 635 884 070 / ABN 56 635 884 070) (Kast Enterprises). Access to and use of the Website, or any of its associated products or Services, are provided by Kast Enterprises. Please read these terms and conditions (the Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website and Services, immediately.

3. Kast Enterprises reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Kast Enterprises updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

1. You accept the Terms by using and remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Kast Enterprises in the user interface.

1. As a User, the Website allows you to view the Organisers’ group information and submit enquiries to the Organisers.

2. When submitting your enquiries, you may be required to provide personal information about yourself (such as identification or contact details), including:

   1. an email address;
   2. a mailing address; and
   3. a phone number

   (your Personal Information).

3. Kast Enterprises will hold your Personal Information in accordance with the Privacy Policy available on the Website.

4. You acknowledge and agree that due to the nature of the Services, Kast Enterprises may be required to verify your identity to ensure that you are not using the Services in an illegal or fraudulent manner.

5. You warrant that where Kast Enterprises advises you in writing that it requires further verification of your identity, then you will make all reasonable endeavours to comply with this request within seven (7) days of receipt of the request.

6. You warrant that any information you give to Kast Enterprises in the course of submitting your enquiries will always be accurate, correct and up to date.

7. You are solely responsible for your interactions with other Users and any meetings organised by Members must take place in a public environment. You agree that you will never meet another Users in a non-public setting such as a park or other quiet area.

8. You may not use the Services and may not accept the Terms if:

   1. you are not of legal age or you do not have the legal capacity to form a binding contract with Kast Enterprises; or
   2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

Registration

1. To access the Services as an Organiser, you must first purchase a subscription, either in person or through the Website if the option is made available to you (the Subscription), and pay the applicable fee for the Subscription (the Subscription Fee ).

2. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services.

3. As part of the registration process, or as part of your continued use of the Services, you may be required to provide organisational information about yourself (such as identification or contact details), including:

   1. an email address;
   2. a preferred username;
   3. a mailing address;
   4. a password; and
   5. a phone number
   (your Organisational Information).

4. Kast Enterprises will hold your Organisational Information in accordance with the Privacy Policy available on the Website.

5. You acknowledge and agree that due to the nature of the Services, Kast Enterprises may be required to verify your identity to ensure that you are not using the Services in an illegal or fraudulent manner.

6. You warrant that where Kast Enterprises advises you in writing that it requires further verification of your identity, then you will make all reasonable endeavours to comply with this request within seven (7) days of receipt of the request.

7. You warrant that any information you give to Kast Enterprises in the course of completing the registration process will always be accurate, correct and up to date.

8. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

9. You may not use the Services and may not accept the Terms if:

   1. you are not of legal age or you do not have the legal capacity to form a binding contract with Kast Enterprises; or
   2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

Obligations as a Member

1. As a Member, you agree to comply with the following:

   1. you will use the Services only for purposes that are permitted by:
      1. the Terms; and
      2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
   2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
   3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Kast Enterprises of any unauthorised use of your password or email address or any breach of security of which you have become aware;
   4. access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Kast Enterprises providing the Services;
   5. you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Kast Enterprises;
   6. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
   7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Kast Enterprises for any illegal or unauthorised use of the Website;
   8. you acknowledge and agree that any automated use of the Website or its Services is prohibited; and
   9. you are solely responsible for your online and offline interactions with the Users.

Church Management System

1. You agree to authorise your church management system provider to provide your organisation data (including your members’ data) to Kast Enterprises.

2. You also agree to authorise Kast Enterprises to:

   1. access and extract your organisation data;
   2. use and store your organisation data; and
   3. integrate Kast Enterprises software into your church management system.

3. Kast Enterprises will:

   1. use your organisation data to perform analysis and reports; and
   2. deliver analysis and reports to you (the Report).

4. You acknowledge that the accuracy of the Report is subject to the accuracy of the data you provide to Kast Enterprises and that Kast Enterprises may use your de-identified organisation data and members’ data for industry benchmarking and other business purposes.

Payment

1. Payment of the Subscription Fee can only be made by way of a credit card payment. Your Subscription will automatically renew each month without notice until cancelled or terminated in accordance with the Terms. You authorise us and/or our third-party payment processing providers to store your payment details and to automatically charge you the Subscription Fee every month in advance until you cancel your Subscription.

2. Kast Enterprises will advise you by email of the applicable Subscription Fee seven (7) days before the start of your next billing cycle.

3. All payments made in the course of your use of the Services are made using Web Active Corporation Pty Ltd trading as eWAY. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Web Active Corporation Pty Ltd trading as eWAY terms and conditions which are available on their website.

4. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

5. Kast Enterprises may vary its pricing policy at any time but it will notify you of any price variation prior to it coming into effect.

Non-Payment

1. In the event you elect to pay the Subscription Fee or any fees, charges, expenses or monies owing pursuant to the Terms by way of direct debit and/or credit card and there is a chargeback by your credit provider, Kast Enterprises may suspend or terminate the Services immediately. You will be charged the then current Kast Enterprises administration fee ( Administration Fee), and you agree to pay 2% plus the Cash Rate Target set by the Reserve Bank of Australia (Interest ) on amounts which remain unpaid after 30 days from the date of the tax invoice. Upon payment of the Administration Fee and Interest in accordance with the Terms, Kast Enterprises will reinstate the Services to you.

2. Further, if you do not pay any amounts owing to Kast Enterprises, you will be liable to make the payment immediately. In the event the amounts remain unpaid after thirty (30) days from the date of the tax invoice, we may proceed to recover the debt from you without further notice. If we initiate debt recovery action against you, you acknowledge and agree that you will be and remain liable for all debt collection costs which includes any legal costs (on an indemnity basis), collection agency costs and any other expenses or disbursements. You will also be liable to pay the Interest and Administration Fee on the outstanding debt and we may report you to a credit reporting agency.

Refund Policy

1. The Subscription Fee will not be refundable in the event you elect to cancel your Subscription. However, you may continue to use the Services for the remainder of the subscription period.

2. The Subscription Fee may be refundable in the event Kast Enterprises is unable to continue to provide the Services or if the manager of Kast Enterprises makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member.

1. The Website, the Services and all of the related services and products of Kast Enterprises (the Material) are subject to copyright. The Material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) (the Content) are owned or controlled for these purposes, and are reserved by Kast Enterprises or its contributors.

2. The Company retains all rights, title and interest (including copyrights, patents and trademarks) in the Material, the Content, and all related content therein. Nothing you do will transfer any interest in the Material to you, other than the grant of the licence to you in clause 5.3 below.

3. Kast Enterprises grants you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User or a Member to:

   1. use the Website pursuant to the Terms;
   2. copy and store the Website and the material contained in the Website in your device's cache memory; and
   3. print pages from the Website for your own personal use.

4. Kast Enterprises does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Kast Enterprises.

5. You may not, without the prior written permission of Kast Enterprises and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or display in public, adapt or change in any way the Material or Content for any purpose, unless otherwise provided by the Terms. This prohibition does not extend Material and Content which are freely available for re-use or are in the public domain.

1. You may read and copy the Material and Content for your own needs, but you may not publish, resell or sub-licence it. Kast Enterprises makes no guarantees, representations or warranties about the accuracy or legal correctness of any of the Material or Content.

1. Kast Enterprises works with a number of partners and affiliates whose websites or mobile phone applications may be linked with or provided by Kast Enterprises and are controlled by parties other than Kast Enterprises (each a Third Party).

2. Kast Enterprises is not responsible and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party content, any website accessed from a Third Party or any changes or updates to such sites. Kast Enterprises makes no guarantees about the content or quality of the products or services provided by such sites.

3. By using any information, product, service, or functionality originating from the Services, you are allowing Kast Enterprises to share information with any Third Party with whom Kast Enterprises has a pertinent contractual relationship but only for the purposes of facilitating the provision of third party content such as products, services, information or functionality offered by the Third Parties.

1. By using the Services provided by Kast Enterprises, you acknowledge and agree that Kast Enterprises is granted an irrevocable, perpetual, worldwide, royalty-free right to use your trade mark, logo, photographs, testimonials, feedback or any other data posted to the Website by you including your name for the purpose of promoting Kast Enterprises, the Website and its associated products and services, now and in the future. This includes any promotion, testimonials, marketing or advertising by way of online, print, social media, competitions, advertisements, books and magazines, design publications and any other self-promotional or demonstrative purpose.

1. Kast Enterprises takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Kast Enterprises' Privacy Policy, which is available on the Website.

1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

2. Subject to this clause, and to the extent permitted by law:

   1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
   2. Kast Enterprises will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or the Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Kast Enterprises make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Kast Enterprises) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

   1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
   2. the accuracy, suitability or currency of any information on the Website, the Services, or any of the Services related products (including third party material and advertisements on the Website);
   3. costs incurred as a result of you using the Website, the Services or any of the products of Kast Enterprises; and
   4. the Services or operation in respect to links which are provided for your convenience.

4. To the full extent permitted by applicable law, you agree to release Kast Enterprises, its affiliates, employees, agents, contributors and licensors from claims, demands, and damages (direct and consequential) arising out of or in any way connected with any transaction with a third party, your online and offline interactions with Users, or in connection with an event.

1. Kast Enterprises' total liability arising out of or in connection with the Services or the Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

2. To the maximum extent permitted by law, Kast Enterprises, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

3. Kast Enterprises does not control and is not responsible for the behaviours and actions of the Users and Organisers, their comments, posts or information that they upload. Accordingly, Kast Enterprises is not responsible for any offensive, inappropriate, obscene or unlawful content you may encounter on the Website or outside the Website. You acknowledge that Kast Enterprises may remove any comments, posts or information that you upload for any reason, including, but not limited to that it is offensive, inappropriate, obscene or unlawful content.

1. 12.1. The Terms will continue to apply until terminated by either you or by Kast Enterprises as set out below.

2. 12.2. If you want to terminate the Terms, you may do so by:

   (a) providing Kast Enterprises with notice of your intention to terminate the service before the end of the current subscription period; or

   (b) closing your accounts for all of the services which you use, where Kast Enterprises has made this option available to you.

3. If you are a Member, you may cancel Services at any time via your Member account within the Website or you can notify us in writing, by emailing [email protected] or via the 'Contact Us' link on our homepage.

4. Kast Enterprises may at any time, terminate the Terms with you if:

   1. you have breached any provision of the Terms or intend to breach any provision;
   2. Kast Enterprises is required to do so by law;
   3. the provision of the Services to you by Kast Enterprises is, in the opinion of Kast Enterprises, no longer commercially viable.

5. Subject to local applicable laws, Kast Enterprises reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Kast Enterprises' name or reputation or violates the rights of those of another party.

6. Upon the termination of your account, all of the legal rights, obligations and liabilities that you and Kast Enterprises have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

1. You agree to indemnify Kast Enterprises, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:

   1. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
   2. any event organised by you;
   3. your Content;
   4. inaccurate or misleading information provided by you or your agent; or
   5. any breach of the Terms.

2. This indemnity will survive termination of the Terms.

1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

2. Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

3. Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

   1. Within fourteen (14) days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
   2. If for any reason whatsoever, fourteen (14) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
   3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
   4. The mediation will be held in Herston, Queensland, Australia.

4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

5. Termination of Mediation: If one (1) month has elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

1. The Services offered by Kast Enterprises is intended to be viewed by residents of Australia and New Zealand. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

1. The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

1. Kast Enterprises may provide any notice to you under the Terms by sending a message to your email address. The notice provided by Kast Enterprises to you by email shall be deemed to have been properly given on the date Kast Enterprises sends the email, regardless of whether you have received the email.

2. Unless specified otherwise, any notices provided by you to Kast Enterprises must be in writing and be delivered via registered post to PO Box 2190 Brookside Centre QLD 4053. Notices provided by registered post shall be deemed to have been properly given three (3) days after they are posted (if posted).

1. If any part of the Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

1. A waiver of any right, power or remedy under the Terms must be in writing signed by the party granting it.

2. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

3. The fact that a party fails to do, or delays in doing, something the party is entitled to do under the Terms does not amount to a waiver.

1. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this Agreement or any part of it;

1. Kast Enterprises may assign or transfer its rights or obligations under the Terms without your consent.

2. You may not assign or transfer your rights or obligations under the Terms without prior written consent of Kast Enterprises. A purported assignment without written consent will be deemed to be void and convey no rights.