Terms and Conditions
1.1 Please read these terms and conditions of use carefully. By accessing the website located at www.onplatinumclub.com and any pages or materials contained in the website (Website), you agree to be bound by the terms, conditions, notices and disclaimers contained in these terms and elsewhere on the Website (collectively known as the Terms). You also acknowledge and consent to our Privacy Statement. If you do not agree to all of the Terms, please do not access this Website, or any associated pages or materials.
1.2 This Website is owned by HCH Consulting Pty Ltd (ACN 111 004 749) (OnPlatinum Club or We).
1.3 OnPlatinum Club offers a website to selectively allow people to connect to one another through a vetted, authenticated and genuine filtered process (Services). In addition to these Terms, there are specific and additional terms that apply to club members as set out in the Members’ Terms section below. In the event of any inconsistency between the provisions of these Terms and those other specific and additional provisions, the specific and additional provisions set out in the Members’ Terms will prevail.
1.4 The pages and materials contained on this Website are either the property of OnPlatinum Club or are owned by others and are used by OnPlatinum Club under licence.
1.5 You warrant to us that you:
(a) At least 18 years of age;
(b) have the legal capacity to enter these Terms and where joining as a Member, the Members’ Terms and to form a contract; and
(c) that you have read and understood the Terms before continuing to use the Website.
1.6 The Terms govern your use of this Website and our Services. In the event that you do not comply with the Terms, OnPlatinum Club may, at its sole discretion and without notice or liability to you, block or restrict your access to this Website and use of our Services and/or pursue legal action against you for any alleged or actual violation of the Terms or governing law.
2.1 The Website has unregistered users and Members (together Users). OnPlatinum Club grants Users a limited, revocable right to access and use the Website and print pages from the Website for personal, non-commercial and informational purposes only.
2.2 Unregistered Users can only download content from the publicly accessible area of the Website (Unregistered Users). To utilise certain parts of the Website, you must apply for registration to establish an account on the Website and become a Member.
2.3 You do not have to become a Member to use and view certain parts of this Website. However, if you do not register, you may be precluded from using certain services, products, offerings, features, or resources of the Website.
2.4 Further terms and conditions of becoming a Member are set forth in the Members Terms section of these Terms (section 4).
2.5 Users are prohibited from using our Website, including our information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use.
3. Website Content and Information
3.1 The content, including information, statements, opinions and documents contained in this Website (Content) is for general information purposes only. Any reliance you place on the Information is at your own risk.
3.2 The Website provide general information about OnPlatinum Club and OnPlatinum Club’s various services as well as interactive facilities and Content generated by Members of the Website.
3.3 OnPlatinum Club exercises reasonable efforts to ensure that Content posted on the Website by The OnPlatinum Club is accurate and up-to-date. However, we make no warranty or representation about the accuracy, completeness, correctness, reliability of the information provided, or how up-to-date the information is.
4. Members’ Terms
4.1 Applications to become a Member are only accept from persons who represent and warrant to us that they are:
(a) at least 18 years of age;
(b) have the legal capacity to enter these Members’ Terms and to form a contract; and
(c) you have not been convicted of a violent or sexually related criminal offence in Australia or anywhere else in the world.
Do not apply if you cannot represent and warrant all of the above to OnPlatinum Club.
4.2 You will only be accepted as a Member once you:
(a) complete all fields on the Registration Form including a declaration that you meet the Eligibility Criteria (as defined below); and
(b) provide all required authentication documentation to be approved as a verified member (i.e. 100 points of identification such as passport, licence, address etc).
4.3 To meet the Eligibility Criteria you must satisfy any of the following three elements:
(a) own real estate;
(b) earn over $80,000 gross per annum;
(c) own assets, shares, term deposits or have substantial savings.
OnPlatinum Club will assess your eligibility based on the details you provide on the Registration Form relating to your employment, profession, investments, salary etc, however OnPlatinum Club reserves the right to request further information or evidence to verify the information provided. Please note that despite this verification process, OnPlatinum Club is not liable for any false information given, mistakes or errors in the verification process being made resulting in a person becoming a verified member or otherwise or changes to Registered Members situation or lifestyle. OnPlatinum Club encourages Registered Members to keep their information up-to-date and notify us of any changes.
4.4 Information sent to us to satisfy the Eligibility Criteria is only for verification and acceptance purposes and is not disclosed to any third parties (other than as required to comply with the law) and is not shared on a Registered Members profile page.
4.5 Membership is contingent upon your acceptance of the following terms
(a) You agree to disclose, and for OnPlatinum Club to use, certain personal information to allow other Members to search and find you as a potential connection. Whilst OnPlatinum does not specifically disclose your personal information as stated in clause 4.4 above, information such as your gender, age, location, physical attributes, ethnicity, religion, lifestyle, career and education may be gleaned from searches and results displayed on our Website to other verified Registered Members;
(b) You agree to only create one profile for yourself
4.6 No entitlement to registration may be assumed. OnPlatinum Club may refuse your registration in its sole discretion. Registration is not completed until you have submitted the registration form and OnPlatinum Club has confirmed registration by sending you your login information and payment details. OnPlatinum Club will not open up the Members area until approximately 500 members have been verified and accepted. Once OnPlatinum Club determines in its sole discretion to go live, you will be sent a notice and subscription details to pay your chosen membership subscription plan. All information supplied by you upon registration must be true, complete and accurate information (Member Data). You must maintain and promptly update your Member Data as appropriate from time to time.
4.7 Registered Members have the choice of three subscription plans:
(a) 1 month term at $70.00 inc GST; or
(b) 6 month term at $38.95 inc GST per month. Total upfront payment of $233.70 inc GST; or
(c) 12 month term at $34.95 inc GST per month. Total upfront payment of $419.40 inc GST
4.8 Membership can be for an ongoing period provided Membership Fees are paid and up-to-date. To ensure a continual and uninterrupted service, OnPlatinum Club will automatically renew your membership subscription. If at any time payment is not received, OnPlatinum Club reserves the right to cancel any membership that remains unpaid after the applicable expiration date.
4.9 Without limiting any other provision of the Terms, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and to refuse any and all current or future use of the Website (or any portion thereof).
4.10 Registered Members may not use membership for business or commercial purposes.
4.11 You agree not to assign, transfer or sublicense your rights as a Registered User of this Website. You further agree not to register more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
4.12 You agree to keep the Member Data confidential. You understand and agree that you are fully responsible for all actions and submissions made from your account. If you become aware of any unauthorised use of your account, you should notify OnPlatinum Club immediately (email: email@example.com).
4.13 All decisions made by OnPlatinum Club are final and no correspondence will be entered into.
4.14 Members shall be entitled to modify or add to the Member Data at all times.
4.15 Both OnPlatinum Club and the Member are entitled to terminate membership at any time. Termination by the Member is effected by deactivating the Registered Member’s profile. Members are not entitled to a refund of their Membership Fees where the Member terminates their membership, or where OnPlatinum Club terminates a membership for breach of these Terms, as determined in OnPlatinum Club’s reasonable opinion.
5. Privacy Statement
5.1 By accessing and using this Website, using our Services and agreeing to the Terms, you consent to the collection, use and disclosure of your personal information as outlined in this Privacy Statement.
5.2 Privacy and confidentiality is important to OnPlatinum Club, its Members and the Services OnPlatinum Club offers its Members. We therefore require that all Users and Members adhere to these terms and we shall adhere to the privacy procedures set forth below. We will not disclose, share, sell or rent personal information of our Users or Members other than as described in this Privacy Statement.
5.3 OnPlatinum Club collects personal information such as your name, address, email, phone and day/month of birth date, employment and financial status (as set out under Eligibility Criteria in clause 4.3 for:
(a) the purposes of verifying and authenticating its Members. Once a Member is approved and has subscribed to the OnPlatinum Club, the personal information is used to input certain data; and
(b) once a Member is approved and their profile completed/subscription paid, to input certain data into search functions that allow other Members to filter and search for specific qualities, location, age, gender, ethnicity, religion, profession and/or education of other Members.
5.4 If you choose not to provide this information to us, it may not be possible for you to be verified as a Member, or if you are verified as a Member you may not appear in all searches where you have not provided information.
5.5 Personal information of Members is also collected for the provision of these services to Members and to contact Members about any upcoming events, services, changes to Terms and other information about OnPlatinum Club.
5.6 OnPlatinum Club will not otherwise sell, use or transfer your date for any other purpose and takes reasonable steps to ensure that the information is kept secure and private.
5.7 OnPlatinum Club will only disclose your user name and any of your phone number, email, address, telephone number as you have chosen to place on your Member’s profile page.
5.8 OnPlatinum Club may also disclose your personal information to
(a) our employees, related bodies corporate, contractors or external service providers for the operation of our website, the fulfilling requests by you and otherwise provide services to you and other users, including without limitation, web hosting providers, IT systems administrators, data entry service providers, electronic network administrators, and professional advisers such as accountants, solicitors, business advisors and consultants;
(b) the police, any relevant authority or enforcement body, your Internet Service Provider or network administrator, for example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, have otherwise been engaged in any unlawful activity, or if any danger is posed to other users or if any criminal activity is proposed or conducted with our knowledge, or where we reasonably believe that disclosure is necessary.
OnPlatinum Club will also supply information to the necessary officials if any danger is posed to Members or if any criminal activity is proposed or conducted with our knowledge.
5.9 OnPlatinum Club may send Members direct marketing communications and information about products and services that OnPlatinum Club considers may be of interest to Members. These communications may be sent in various forms, including mail, SMS or email, in accordance with applicable marketing laws, such as the Spam Act 2004 (Cth). OnPlatinum Club will only send marketing communications to the modes the Member has elected to receive such communications from when the Member signed up to our services. Members may, at any time, opt-out of receiving marketing communications from us by contacting OnPlatinum Club or by using the opt-out facilities provided (e.g. an unsubscribe link). OnPlatinum Club will then ensure that the Members’ details/or de-selected method of communication is updated and/or removed from marketing database. OnPlatinum Club does not provide your personal information to other organisations for the purposes of direct marketing.
5.10 Whilst OnPlatinum Club cannot guarantee against any loss, misuse or alteration to information, OnPlatinum Club takes reasonable steps to ensure the security and confidentiality of the personal information that OnPlatinum Club holds from loss, misuse, alteration or unauthorised access, including by means of firewalls, password access and secure servers. If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let OnPlatinum Club know immediately.
6. User and Members Obligations
6.1 You agree not to use this Website to do, or attempt to do, any of the following (as to which you agree to accept OnPlatinum Club as the sole decision maker in its absolute discretion):
(a) upload, post, email or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, glorifies violence, of a pornographic nature, invasive of another’s privacy, hateful, or racially, ethnically, religiously, sexually or otherwise objectionable or violates applicable laws and regulations including attempts to “stalk” or otherwise harass another user of the Website;
(b) upload, post, email or otherwise transmit materials that infringe upon any patent, trade mark, trade secret, moral right, copyright, right of privacy or publicity or other proprietary or intellectual property rights of any party;
(c) use the Website as a platform for sales and presentation offers, or for direct or concealed advertising, including to upload, post, email or otherwise transmit any unsolicited or unauthorised advertising or promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of commercial solicitation or promotion (including posting of links to third party websites promoting these services);
(d) upload, post, email or otherwise transmit materials that contain software, scripts, files, any other computer code, files or programs designed to interrupt, destroy, limit or divert the functionality of any computer software or hardware or telecommunications equipment and other mechanisms or technologies capable of spying on, attacking or in any other way compromising the Website, its users, their computers, OnPlatinum Club’s servers or the software used on the users’ or OnPlatinum Club’s computers;
(e) using the Website to collect information about others without their consent; transmit or upload any material that contains viruses or any other harmful programs or that breach any laws including intellectual property or privacy rights; interfere with or disrupt the Website or attempt to gain unauthorised access to any services or information; or
(f) generally use the Website for any purpose that is unlawful or that would bring us, or the Website, into disrepute.
6.2 You further agree to only use the Website in accordance with our Code of Conduct.
7. Complaints Against Other Members
7.1 If you are experiencing problems with any other Member and would like to make a complaint, please send us an email via the Members Contact Us form available on the Home Page . We may request all relevant content pertaining to your complaint. It is also advised that you use the ‘block’ feature if you wish to stop any other member from contacting you.
7.2 We endeavour to check every report received and to take any reasonable and necessary action as we deem fit in our sole discretion – which may include a warning, cancellation of a membership and/or lodging a police report.
7.3 We may record and store any information relating to any complaint made against you or other Members.
7.4. Despite investigating any reported issues, OnPlatinum Club cannot and will not be held liable any inaction or actions it chooses to take with regards to any reports and it is not liable for the conduct, actions or inactions of any Members or any third parties contained or related to any reports lodged.
8. Intellectual Property
8.1 Our Website contains material which is owned by or licensed to us and is protected by law both in Australia and other jurisdictions, including but not limited to trade marks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Website.
8.2 You acknowledge that the Content published on the Website is largely protected by copyright, patents, trademarks, trade secrets and/or other intellectual or proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under applicable copyright laws including Australian copyright laws and OnPlatinum Club owns copyright in the selection, coordination, arrangement and enhancement of such Content. You agree that, as between you and us, we own all intellectual property rights in the Website, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights.
8.3 You must not breach copyright or intellectual property rights, including but not limited to, that you must not:
(a) alter or modify any of the code or the material on the Website;
(b) cause any of the material on the Website to be framed or embedded in another website;
(c) create derivative works from the content of the Website; or
(d) use our Website for commercial purposes.
8.4 You are not permitted to use the Content without prior written consent by OnPlatinum Club. Photographs may not be copied, sold, lent or otherwise reproduced without express written consent from OnPlatinum Club. The unauthorised use, reproduction or forwarding of individual Content, or entire pages beyond the extent identified above is not permitted, and may result in criminal prosecution.
8.5 OnPlatinum Club grants to you a limited, revocable, non-exclusive right to create a hypertext link to the home page of the Website, provided that OnPlatinum Club is notified of, and approves, such hyperlink and such hyperlink does not portray OnPlatinum Club or its services in a false, misleading or otherwise illegal or offensive manner. You will be liable for any direct or indirect consequences of hyperlinking or framing and will fully indemnify OnPlatinum Club in respect of any loss or damage suffered by OnPlatinum Club in respect thereof.
8.6 OnPlatinum is a trade mark belonging to OnPlatinum Club. Any use of this trade mark without the prior written consent of OnPlatinum Club is a breach of the Trade Marks Act 1995 (Cth) and is expressly prohibited.
8.7 Third party marks may appear on this Website and all rights therein are reserved to the registered owners of those trade marks.
9. Third Party Information, Links and Websites
9.1 Our Website may contain third party information, products and services, and links to websites owned by third parties, including user comments, guest articles and advertisements. We do not control, recommend, endorse, sponsor or approve third party information, or third party websites, including any information, products or services mentioned in such information or websites.
9.2 If you decide to access any of the third party services or websites advertised or linked, you do so entirely at your own risk and, to the extent permitted by law, OnPlatinum Club accepts no liability or responsibility for the actions or omissions of users of the Website or linked sites in relation to the content contained therein.
10. Limitation of Liability, Disclaimers of Warranties and Indemnity
10.1 Subject to the rights you may have under the Competition and Consumer Act 2010 (Cth) (as amended) or other applicable legislation (Applicable Legislation), if any:
(a) Content and materials on our Website are provided “as is” and, to the extent permitted by law, without warranties of any kind, either express or implied;
(b) we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement of intellectual property rights;
(c) we do not warrant that our Website or Content is secure, free from bugs, viruses, interruption, errors, theft or destruction or that the Website or Content will meet your requirements. You assume all risks associated with using or relying on such Content.
(d) we are not responsible for any delays or interruptions to our Website. We cannot warrant that our Website will be available at all times or at any given time. We may at any time and without notice to you, discontinue our Website in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of our Website.
(e) Content and material downloaded or otherwise obtained through the use of this Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Content or material;
(f) we do not warrant or make any representations regarding the use or the results of the use of the products, offerings, Content and materials in this Website in terms of their correctness, accuracy, reliability, or otherwise;
(g) you expressly understand and agree that OnPlatinum Club and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from
(i) the use or the inability to use this Website;
(ii) the use of any Content or other material on this Website or any website or websites linked to this Website;
(iii) unauthorised access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on this website; or
(v) any other matter relating to this website.
10.2 If you are dissatisfied with any portion of this Website, or with any of these Terms, your sole and exclusive remedy (subject to the rights you may have under the Applicable Legislation, if any) is the termination of your membership and the discontinuation of your use of this Website. If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.
10.3 You agree to indemnify, hold harmless and, at OnPlatinum Club’s option, defend OnPlatinum Club and its affiliates, and its and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable lawyers’ fees and expenses) arising from your improper use of this Website, your violation of these Terms, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
10.4 Please note that OnPlatinum Club does not conduct any criminal background or police checks of any nature, nor are we able to personally identify each Member. Furthermore, any attempt by us to screen Members is not a guarantee of safety on the Website. OnPlatinum Club requires each Member to legally represent and warrant to OnPlatinum that the information they are providing is true and correct, but OnPlatinum Club cannot and will not be held liable to other Members or any third parties for false declarations or misrepresentations made by any Member of person. Members and Users are responsible for their own safety on the Website and if meeting other Members in person. OnPlatinum Club is not liable for any damages, direct, indirect, incidental and/or consequential arising out of the use of the Services, including communication, meetings and/or interactions between Members.
11. General provisions
11.1 The laws of Victoria, Australia apply to the interpretation of the Terms. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.
11.2 If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
11.3 Our Website may be accessed throughout Australia and overseas. OnPlatinum Club makes no representation that the Content of the Website complies with the laws of any country outside Australia. If you access the Website from outside Australia, you are responsible for ensuring that that your access to, downloading of, use of or reliance on the Content contained in the Websites is in compliance with all laws in the place in which you are located.
11.4 OnPlatinum Club reserves the right at its sole discretion to change, modify, add, or remove any portion of this Website, the Content or these Terms, in whole or in part, at any time and for any reason. You agree to review the Terms periodically to make yourself aware of any changes. Your continued use of this Website after any changes to the Terms will be considered acceptance of those changes.
11.5 Members will be informed where OnPlatinum Club modifies Members’ Terms via notification to the Member. Where any Member does not consent to changes in the Members’ Terms they may terminate their account by deactivation.
11.6 These Terms are the entire agreement between you and OnPlatinum Club relating to the subject matter herein.
11.7 OnPlatinum Club may assign its rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees.