1. GENERAL
1.1 These Terms and Conditions ("Terms") govern your access to and use of our website at www.hummingbirdsdating.com.au ("the Site") and constitute a legally binding agreement between you ("the User") and us, HummingbirdsDating (ABN 24379178526) ("Hummingbirds"). It is essential that you review these Terms carefully. If you have any questions, we encourage you to reach out before using the Site.
1.2 By accessing or using the Site, you confirm that you have had sufficient opportunity to read, understand, and accept these Terms, and you agree to comply with them.
1.3 If you do not accept these Terms, you must not use or access the Site.

2. DEFINITIONS
In these Terms:
2.1 Content refers to all forms of data, text, software, images, audio, video, and other materials, in any format, that Hummingbirds Dating provides to you.
2.2 Intellectual Property encompasses all intellectual property rights, including but not limited to copyrights, patents, trademarks, design rights, trade secrets, domain names, know-how, and any similar rights, whether registered, unregistered, or pending registration.
2.3 Site means our website located at www.hummingbirdsdating.com.au
2.4 Terms refers to these Terms and Conditions, including any documents or policies referenced herein.
2.5 Us, We, Our means Hummingbirds Dating (ABN 24379178526) .
2.6 User, You, Your refers to any individual accessing or browsing the Site.
2.7 User Generated Content means any content—such as data, text, software, images, audio, or video—created, submitted, or uploaded by Users to the Site in any format.

3. ACCESSING THE SITE
3.1 You acknowledge that while we strive to keep the Site accessible at all times, temporary disruptions may occur. We are not responsible for any loss or damage arising from such interruptions.
3.2 All content and services available on or through the Site are provided on an “AS IS” and “AS AVAILABLE” basis. We make no express or implied warranties, including but not limited to warranties of merchantability, fitness for a specific purpose, or non-infringement. You access and use the Site entirely at your own risk.
3.3 We reserve the right to modify, suspend, or remove any Content on the Site at our discretion and without prior notice. Access to parts of the Site, or the entire Site, may be restricted periodically.

4. REGISTRATION INFORMATION AND PRIVACY
4.1 You are not required to register an account to access or view the Content on the Site.
4.2 Any personal information you provide is handled in accordance with our PRIVACY POLICY. By using the Site and submitting your personal data, you:
(a) confirm that all information you provide during any registration process is accurate, truthful, and up to date, and you agree to promptly update it to maintain its accuracy and completeness; and
(b) consent to the terms outlined in our PRIVACY POLICY.


5. CONDITIONS OF TICKET PURCHASE
5.1 Ticket Changes:
Requests for ticket name changes can be made for the same event, provided the new participant is of the same gender and within the event's age range. Name change requests must be submitted to Hummingbirds Dating at least three (3) hours before the scheduled start time of the event.
These changes may incur a fee, which must be paid before the change is processed.
5.2 Hummingbirds Cancellation:
If Hummingbirds Dating is forced to cancel or alter an event due to circumstances beyond our control, you will be offered either a ticket credit or refund in accordance with Australian Consumer Law. A ticket credit can be used for any future event of equal value to your original booking.
You will receive an email at the address provided at the time of booking, confirming the details of the event changes along with refund or credit options. Requests for ticket credits or refunds must be made by the deadline stated in the email. Requests submitted after this date will not be honored.
5.3 Cancellation Policy:
Tickets are non-refundable as outlined below.
Requests for cancellations must be made at least seven (7) days before the event's published date. In this case, you will be eligible for a ticket credit of equal value to your original booking for a future event.
Requests for event changes must be received at least seven (7) days before the confirmed event date by contacting Hummingbirds Dating.
Only one change request per booking will be accepted.
Requests for ticket credits or event changes made within seven (7) days of the event, or after the event has taken place, will not be honored.
Incorrect or accidental ticket purchases (e.g., due to gender, sexuality, or age) are non-refundable but may be eligible for name changes or ticket credits, subject to availability and the conditions above.
5.4 Failure to attend the event by the published start time or leaving early:
This will result in forfeiting your ticket. No credit or refund will be issued.
5.5 Ticket Credit Validity:
Ticket credits are valid for six (6) months from the date of issue.
5.6 Discounts and Deals:
Hummingbirds Dating reserves the right to offer promotional deals or discounts, which are subject to specific terms and conditions. Discounts do not apply to tickets purchased at standard or higher prices or tickets bought outside of promotional periods.
5.7 Venue Changes:
Venues are subject to change or cancellation before the published event start time. In such cases, you will be notified and will be entitled to a ticket credit or refund, in line with Australian Consumer Law.
5.8 Event Postponement:
In rare instances, events may be postponed. We understand the disappointment this can cause and make every effort to ensure events go ahead as planned. However, if there is an imbalance in the number of participants (e.g., not enough attendees or gender imbalance), we may choose to postpone the event rather than proceed with a suboptimal experience. Your understanding is appreciated as we work to maintain the quality of our events.
5.9 Event Booking and Participation:
If we are unable to fill an event, we will gladly transfer your booking to an alternative event using your credit.
5.10 ID Checks and Age Eligibility:
Hummingbirds Dating will conduct ID (government issued photo ID) checks at the venue for every event. If you are found to be more than one year outside the event's specified age range, we reserve the right to deny your participation in the event.
5.11 Covid-19 Restrictions:
In the event that an event is cancelled due to local, state, or federal Covid-19 restrictions, or if lockdowns result in the closure of all venues, your Hummingbirds Dating account will be credited with the value of the cancelled event. This credit can be applied to a future event. Please note that refunds will not be issued under these circumstances.

6. EVENT CONDITIONS
6.1 Eligibility and Age Requirements:
Participants must be 18 years or older. Hummingbirds Dating reserves the right to request proof of age at any time. You must complete the registration process and provide accurate, up-to-date information.
6.2 Age Range and Ticket Purchase:
Each event may have a specified age range for each gender. It is your responsibility to ensure you purchase a ticket for an event where you meet the age requirements.
6.3 Entry and Behavior:
Hummingbirds Dating reserves the right to refuse entry, ask participants to leave, or ban any participant from an event for behaviors deemed inappropriate, aggressive, disrespectful, rude, or abusive towards Hummingbirds Dating, its staff, associates, or other participants. If you are refused entry, asked to leave, or banned before the event ends, you are not entitled to a ticket credit or refund.
6.4 Use of Personal Information:
Your identifiable personal information, such as your name, address, phone number, or email address, will not be shared or used for advertising or promotional purposes without your express permission.
6.5 Photography and Video Footage:
By purchasing a ticket, you agree that Hummingbirds Dating may take photographs and/or video footage during the event for use on our website, social media, or in advertising materials. If you do not wish to be included in any photos or videos, you must notify Hummingbirds Dating prior to the event’s start.
6.6 Venue and Liability:
Hummingbirds Dating hosts events at independently owned venues. We cannot be held responsible or liable for any physical, emotional, or other damages incurred. You agree to comply with all venue requirements, including proof of age, responsible service of alcohol, dress codes, and COVID-19 social distancing policies. If you have any accessibility concerns or physical disabilities, please ensure the venue can accommodate your needs by contacting us at least seven (7) days prior to the event.
6.7 Liability Waiver:
By purchasing a ticket and/or participating in a Hummingbirds Dating event, you acknowledge that Hummingbirds Dating, its staff, and associates are not liable for any loss or damages (direct, indirect, special, or otherwise) that may occur before, during, or after the event. This includes, but is not limited to, physical injuries, emotional distress, or discomfort arising from interactions with other participants.
6.8 Personal Belongings and Security:
Hummingbirds Dating is not responsible for the safety or security of your personal belongings during an event.
6.9 Participant Identity and Caution:
Hummingbirds Dating cannot verify the identity or background of any participant. You should approach all interactions at our events with the same caution you would in any other situation.
6.10 Matches:
A "match" occurs when both participants express mutual interest, typically by selecting or "matching" each other through a form, app, or verbal agreement with the event host. Hummingbirds Dating will not share your personal contact details with any participant unless you have mutually matched during the event. For more information, please refer to our Privacy Policy.
6.11 Photography and Media Consent:
By participating in this event, attendees acknowledge and agree that photographs and/or video recordings may be taken during the event for promotional and commercial purposes, including but not limited to use on websites, social media, and other marketing materials.By attending, you grant the event organisers the right to use your likeness in such media without compensation or further consent. If you do not wish to be photographed or recorded, you must notify the event organisers before the event. 

7. DISCLAIMER
7.1 Liability Disclaimer:
This disclaimer applies to any damages or injury resulting from failures in performance, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, computer viruses, communication line failures, theft, destruction, unauthorized access, alteration, or use of records related to the operation of the Site. This applies regardless of whether the cause is breach of contract, tortious behavior, negligence, or any other legal cause.
7.2 No Warranties:
We make no representations or warranties of any kind, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the Site or its Content for any particular purpose. Any reliance you place on such information is at your own risk. We disclaim all warranties, either express or implied, regarding the effectiveness or profitability of the Content on the Site or the uninterrupted or error-free operation of the Site. We are not responsible for any consequences arising from interruptions or errors on the Site.
7.3 General Information Disclaimer:
Any Content posted on the Site is intended for general informational purposes only and should not be considered professional advice. Hummingbirds Dating strongly recommends users seek professional advice before acting on any information found on the Site.
7.4 Geographic Limitation:
The Site and Services are intended solely for customers residing in Australia. Hummingbirds Dating makes no representation that the Site or its Services are appropriate or available for use outside of Australia. Users must comply with the laws and regulations of the country from which they access the Site. Some functionalities of the Site and Services may not be available in certain jurisdictions due to local laws. Hummingbirds Dating will not be liable for any violations of law committed by users.

8 THIRD PARTY WEBSITES
8.1 External Links:
The Site may contain links to other websites, services, or resources on the Internet, and other websites may also link to the Site. These external websites are not under the control of Hummingbirds Dating and are not maintained by us. We are not responsible for the content of any third-party websites. Links to external websites are provided solely for your convenience, and the inclusion of such links does not imply an endorsement by Hummingbirds Dating of those websites. By accessing these external sites, you do so at your own risk.
8.2 No Responsibility for External Websites:
We make no representations regarding any other website you may access through the Site. Please note that other websites are independent of ours, and we do not accept any responsibility or liability for their content or services.

9 INTELLECTUAL PROPERTY
9.1 No Transfer of Rights:
Nothing in these Terms shall be interpreted as transferring any Intellectual Property rights from us to you.
9.2 Ownership of Content:
We retain all proprietary rights to the Site and its Content, including all associated Intellectual Property rights. You are granted a limited, non-exclusive, revocable, non-transferable license to use the Site and its Content solely as permitted by us. As a User, you are authorized to create, display, use, play, and download Content from the Site in accordance with these Terms.
9.3 Restrictions on Use:
Our Intellectual Property may not be used in connection with any product or service that is not affiliated with us, nor may it be used in a way that could damage our reputation or bring us into disrepute.
9.4 No Modification of Content:
You must not modify any physical or digital copies of Content that you print or download. Additionally, you may not use any illustrations, photographs, videos, audio, or graphics separately from the accompanying text.

10 USER GENERATED CONTENT
10.1 Prohibited Content:
You agree not to submit any User Generated Content to the Site that:
(a) You do not have all necessary rights, licenses, and consents to submit;
(b) Would cause you or us to violate any law, regulation, rule, code, or legal obligation;
(c) Is or could reasonably be considered obscene, inappropriate, defamatory, offensive, threatening, abusive, discriminatory, pornographic, or otherwise illegal;
(d) Is unsolicited, undisclosed, or unauthorized advertising;
(e) Contains software viruses or any other computer code, files, or programs intended to disrupt or limit the functionality of any computer software, hardware, or telecommunications equipment;
(f) Would damage our reputation or the reputation of the Site;
(g) Infringes on the Intellectual Property or other rights of any person.
10.2 Record Keeping:
You agree to maintain records that demonstrate your User Generated Content complies with the requirements of this section and to make such records available to us upon reasonable request.
10.3 Ownership of User Generated Content:
You retain ownership of your Intellectual Property rights in your User Generated Content. These Terms do not restrict you from granting non-exclusive rights to use your User Generated Content to others.
10.4 License Grant to Hummingbirds Dating:
By submitting User Generated Content, you grant Hummingbirds Dating and its affiliates a worldwide, royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, distribute, publicly display, perform, and create derivative works from your User Generated Content, including your name, voice, or likeness, for any purpose in connection with the Site and its Services, including promotional use and redistribution of the Site in any media formats or channels.
10.5 License Grant to Other Users:
You grant each User of the Site a non-exclusive license to access and use your User Generated Content solely within the functionality of the Site, subject to the confidentiality and other provisions in these Terms.
10.6 Termination of License:
The licenses granted in sections 10.4 and 10.5 will terminate within a commercially reasonable time after you remove or delete your User Generated Content from the Site. However, you grant Hummingbirds Dating an irrevocable, perpetual license to retain and use server or archival copies of your removed content as permitted by applicable law, without publicly displaying, distributing, or performing it.
10.7 Monitoring and Removal of Content:
We are not obligated to regularly monitor User Generated Content for accuracy or reliability. We reserve the right to modify or remove any User Generated Content at any time.
10.8 Additional License to Hummingbirds Dating:
You grant Hummingbirds Dating a royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, perform, and exercise all Intellectual Property rights with respect to your User Generated Content worldwide. This includes incorporating your content into other works in any media now known or later developed for the full term of the applicable rights.
10.9 Disclaimer on User Opinions:
Any opinions, advice, statements, services, offers, or other information or User Generated Content provided by Users are those of the respective authors and do not necessarily reflect the views of Hummingbirds Dating.

11 LIMITATION OF LIABILITY AND INDEMNITY
11.1 You acknowledge and agree that Hummingbirds Dating is not liable for any damages incurred from using the Site, including any copying, distribution, or downloading of Content from the Site.
11.2 Hummingbirds Dating will not be held responsible for any indirect, punitive, special, incidental, or consequential damages, including but not limited to loss of business, revenue, profits, use, privacy, data, goodwill, or any other economic disadvantage, regardless of how they arise. This applies even if we were previously informed of the potential for such damages.
11.3 We do not endorse any third-party content found on the Site and disclaim any responsibility for it. We are not liable for any claims from third parties, including those related to tort or contract, or in relation to the Competition and Consumer Act 2010 (Cth), such as misleading statements made by users. It is your responsibility to ensure that the data you input is accurate.
11.4 You are fully responsible for securing and backing up your data and/or equipment while using the Site. You will not hold Hummingbirds Dating liable for lost data, delays, inaccurate instructions, work delays, or any loss of profits caused by the use of the Site.
11.5 Without limiting the above, the total liability of Hummingbirds Dating to you will never exceed the total amount you have paid us.
11.6 As a condition of using the Site, you agree to indemnify and hold Hummingbirds Dating, its successors, and assigns harmless from all damages, costs, expenses, and other liabilities (including legal fees), arising from any claim related to: (a) Your access to and use of the Site; or (b) Your breach of these Terms, any applicable law, or the rights of any other person or entity.
This indemnity provision will remain in effect even after your registration or use of the Site ends and applies to claims arising before or after the termination of your access.

12 TERMINATION
12.1 You agree that we have the right to terminate or suspend your access to the Site, your registration, or block your access at any time, with or without cause, and with or without prior notice to you, at our sole discretion.
12.2 We may also suspend or terminate your access if you fail to make required payments or fees. If you wish to reinstate your account afterward, you will need to pay any outstanding amounts, including any applicable costs or charges. Please note that if your account is terminated or suspended, your data may be deleted, archived, or lost, and you may be required to open a new account.
12.3 We will not be held liable to you or any third party for any claims or damages resulting from the termination or suspension of your account or any other actions taken by us in connection with these events.
12.4 If the applicable law requires us to provide notice of termination or cancellation, we will notify you by posting the notice on the Site or by sending it to any contact information (email or otherwise) we have on record for you.

13 NOTICE
13.1 By using the Site, you agree that communication with us will primarily be electronic. We will contact you via email or provide information by posting notices on the Site.
13.2 You acknowledge that all contracts, notices, information, and other communications we send electronically satisfy legal requirements that such documents be in writing.
13.3 Notice will be considered received and properly served:
Immediately when posted on the Site,
24 hours after an email is sent, or
3 days after a letter is posted.
As proof of service, it is sufficient that: (a) For letters, the letter was properly addressed, stamped, and mailed; and (b) For emails, the email was sent to the specified email address.

14 NO WAIVER
14.1 If we do not insist on strict performance of your obligations under these Terms or fail to exercise any rights or remedies we are entitled to, it does not mean we have waived those rights or remedies, nor does it relieve you of your obligations.
14.2 If we waive one default, it does not mean we are waiving any future defaults.
14.3 No waiver will be effective unless it is explicitly stated by us in writing, as per clause 11.

15 FORCE MAJEURE
15.1 We will not be held liable for any failure to perform our obligations under these Terms if the situation arises from circumstances beyond our control, including but not limited to:
(a) Acts of God;
(b) Natural disasters;
(c) Sabotage;
(d) Accidents;
(e) Riots;
(f) Shortages of supplies, equipment, or materials;
(g) Strikes or lockouts;
(h) Civil unrest;
(i) Computer hacking; or
(j) Malicious damage.

16 SEVERABILITY
16.1 If any court finds that any provision of these Terms is invalid, unlawful, or unenforceable, that provision will be removed to the extent necessary. The rest of the Terms will remain in full force and effect.

17 ENTIRE AGREEMENT
17.1 These Terms, along with any documents expressly referenced within them, form the entire agreement between you and Hummingbirds Dating, replacing all prior discussions, correspondence, negotiations, agreements, or understandings related to the Site.
17.2 Both parties acknowledge that, by agreeing to these Terms, neither of us is relying on any representations or warranties not specifically included in these Terms, and there will be no further claims for such representations or warranties.

18 GOVERNING LAW AND JURISDICTION
18.1 These Terms are governed by the laws of the State of Queensland, Australia. Both parties agree to submit to the jurisdiction of the courts in Queensland, Australia.

19 UPDATES TO THESE TERMS
19.1 We reserve the right to correct any errors or omissions on the Site. We may also restrict access to parts or all of the Site at any time, including Content, features, or equipment necessary for access, without prior notice or liability.
19.2 Some material on the Site may be outdated, and we are under no obligation to update it.
19.3 We have the right to change, modify, add, or remove parts of these Terms at any time. Any changes will be posted on the Site and will be effective immediately, unless stated otherwise.
19.4 It is your responsibility to check these Terms periodically for changes. If you do not agree with any changes, you must unsubscribe from the Site. Continued use of the Site means you accept the changes.
19.5 We may assign or sublicense our rights and obligations under these Terms at any time, without needing your consent.