Welcome to www.mudputty.com Thanks for stopping by.
mudputty is an classes and activities community. It’s a quick, easy way to find and book the classes, workshops and activities in your area.
The mudputty Marketplace is owned and operated by mudputty Pty Ltd ACN 622 140 845 (“mudputty”, “we”, “us”, or “our”).
1.4 mudputty makes no representation that the mudputty MarketplaceServices (or any element of the mudputty MarketplaceServices) is are appropriate or available for use in all locations.
2 Supply of the Services
3 Acknowledgements, disclaimers and general obligations using mudputty
3.2 You agree that, to the extent permitted by applicable law and subject to clause 12.5:
(a) an internet connection is required to access the Services and third party charges may apply for that connection;
(b) you are solely responsible for Your Content and:
(i) is provided by the relevant Members, as applicable, and is Your Content is not moderated, reviewed, verified, approved or endorsed by mudputty.
(ii) you assume all risks associated with Your Content, including anyone else’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable;
(iii) Accordingly, the posting of Your Content on the mudputty Marketplace does not constitute a representation by mudputty an adoption or endorsement of Your Content by mudputty, nor does mudputty accept any liability for the legality, validity, accuracy or suitability of any content provided by Members of the marketplace.;
(v) you must not imply that Your Content is in any way sponsored or endorsed by us, You agree that mudputty is not responsible for, and does not endorse, any Content posted using the mudputty Marketplace. mudputty does not have any obligation to pre- moderate, monitor, edit or remove any Content.
(c) the Services may not be fully compatible with your mobile device or your operating system;
(d) we may, but are not obliged to, provide you with any update or upgrade to, any new version of the Services;
(e) we do not necessarily review, verify or moderate the content posted on the mudputty Marketplace by any other user (although we have the right to do so);
(f) the display of information about any person or entity on the mudputty Marketplace does not imply that we recommend or endorse that person or entity or that we are making any other representation about that person or entity; and
(g) views expressed by any user of the Services are those of the user. Unless acknowledged as being endorsed by us, views expressed are not ours. We do not accept any responsibility for the views or information posted on the mudputty Marketplace.
3.3 The mudputty Marketplace is designed for use by people aged 16 years and over. Members under the age of 16 years may only use the mudputty Marketplace with the consent of a parent or legal guardian.
3.4 You are solely responsible for your interactions with other Members users of the mudputty Marketplace. You agree that mudputty is not responsible for the conduct of any Member user of the mudputty Marketplace.
3.5 You must not engage in crawling, scraping, caching or otherwise accessing any content on the mudputty Marketplace via automated means, except with mudputty’s written consent.
3.7 You must:
(a) act reasonably, follow our directions, and cooperate with us in connection with your use of the Services;
(b) provide us with information or data that we reasonably request from you from time to time in connection with your use of the Services;
(c) use the Services in accordance with all applicable laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles; and
(d) not access or use the Services other than in accordance with these Terms.
3.9 The mudputty Marketplace may utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platforms prevailing terms and conditions of use. By using any social media applications or features on the mudputty Marketplace, you consent and agree to be bound to should review and agree to the particular terms and conditions of use of the relevant social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the mudputty Marketplace. The mudputty Marketplace is in no way sponsored, endorsed or administered by, or associated with, any social media Marketplace platform.
4 Hosting Rules
4.1 To List an Activity you must be over 18 years old. Members under the age of 18 years may List activities through their parent or legal guardians account. You agree that you will List an activity in the appropriate category or area and you agree that you will not do any of the following:Y ou must not:
(a) resupply, resell, sublicense, make available or otherwise allow any other person to access or use the Services;
(b) decompile, disassemble, reverse compile or otherwise reverse engineer all or any portion of the mudputty Marketplace or our other Services, including any source code, object code, algorithms, methods or techniques used or embodied therein;
(c) violate any laws or the Hosting Rules at clause 7;
(d) corrupt or misuse the Services;
(e) use the Services for the purposes of accessing, storing, distributing, providing (including to us) or otherwise transmitting any material that, in our reasonable opinion:
(i) infringes the Intellectual Property Rights of any third party;
(ii) promotes unlawful violence;
(iii) depicts sexually explicit images;
(iv) is discriminatory or promotes discrimination based on race, gender, colour, religious belief, sexual orientation or disability;
(v) post any threatening, abusive, defamatory, misleading, threatening, obscene or indecent material;
(vi) is false or misleading; or
(vii) is otherwise unacceptable;
(g) use the Services:
(i) to engage in any fraudulent or unlawful behaviour, or to defame, menace or harass any third party;
(ii) to gain unauthorised access to, or interfere with, any online resources or systems of any third party, including by any form of hacking;
(iii) to circumvent any security measures;
(iv) in any manner that is likely to result in our systems, or that of any other person, being affected by any virus, worm, Trojan or similar computer program;
(v) through act or omission, to mislead or deceive others;
(vi) in a way that disrupts, misuses or excessively uses our hardware, bandwidth access, storage space or other resources, or that of our other customers;
(vii) in a way that uses any data mine, scrape, crawl, email harvest or any other process that sends automated queries;
(viii) in any way that infringes any third-party right including Intellectual Property Rights;
(ix) to distribute or send communications that contain spam, chain letters, or pyramid schemes;
(x) to copy, modify, or distribute any other person’s content without their consent;
(xi) to harvest or otherwise collect information about others, including email addresses, without their consent; or
(xii) in any other manner that is otherwise unacceptable to us,
(h) use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission;
(i) harvest or otherwise collect information about other users, including email addresses, without their consent; or
(j) bypass measures used to prevent or restrict access to the Services.
5 Abusing Mudputty Services
6 Your Account
6.1 Each Member is entitled to, and will be issued with, a single login and password (which may change from time to time) to access and use the mudputty Marketplace (“User Credentials”).
Registering an account
6.2 Anyone can search and find activities on the mudputty Marketplace. To access certain features, such as hosting an activity or booking an activity, you must register an account Account by selecting the sign on optionand become a Member.
6.3 mudputty reserves the right to refuse or cancel registration of an Account at any time, for any reason in its sole discretion. Any decision of mudputty is final and no correspondence will be entered into.
6.4 All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You may never use another’s another person’s User Credentials or Account without their permission.
6.5 If you are a Member, You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify mudputty of any unauthorised use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify mudputty when you desire to cancel your Account. mudputty will is not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
6.7 The use of any automated software or any other mechanical or electronic means allowing a member to create Accounts is prohibited. mudputty reserves the right to suspend or terminate your Account if it believes you are engaging in such activity.
6.8 Members of the mudputty Marketplace are solely responsible and liable for any Content or information they transmit to other Members.
7 House Host Rules
7.1 Specific Obligations of Hosts:
7.2 To post an Activity on the mudputty Marketplace as a Host, you must be over 18 years old. If you are a Host, you must list an Activity in the appropriate category or area.
7.3 to To create a Listing as Host, the Host you must describe the Activity, along with details of the Activity, including Activity times, duration and days available. Such description may include text, graphics, pictures and other relevant content. The Host willYou must also disclose the price of the Activity, along with any special pricing for booking multiple Activities. All descriptions and information must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief. In the event that the Activity becomes unavailable for any reason, you agree to must remove, update or suspend the Listing as soon as reasonably practicable.
7.4 you You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Attendee's attendance at, an Activity in a Listing you post:
(a) will not breach any agreements you have entered into with any third parties; and
(i) (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Activity included in a Listing you post, including, but not limited to, laws governing business regulations, intellectual property, health and safety regulations, ; and
(ii) (b) not conflict with the rights of third parties.
8 Obligations of mudputty
8.1 upon acceptance of a booking between a Host and a Attendee, mudputty will collect Total Fees from the Attendee. All financial transactions between the parties will be processed by a third-party electronic payment system (the ‘Payment Manager’) embedded in the Website. By using the Payment Manager, you also confirm that you have read and agree to the terms and conditions applying to that service.
(a) Total Fees consist of the aggregate of the Activity Fees and Credit Card Surcharge The Total Fees will be calculated and collected by the Payment Manager. The Payment Manager will then initiate payment to the Host on the first Wednesday (6) days after the payment being cleared through the Payment Manager.
9 Fees and Services Taxes
The class price shown includes merchant fees. The receipt displayed upon booking shows the total paid and the amount of the merchant fee included in the total paid. The merchant fee shown includes 10% GST.
10 Your Content
10.1 mudputty’s Services contain content from us, you, and other Members. mudputty is protected by copyright laws and international treaties. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy or, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content). When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights Intellectual Property Rights in to that Your Content for the purposes of providing the Services and promoting and advertising the Services. You retain all Intellectual Property Rights in Your Content. content, in any media whether now know n or to be discovered in the future and on all other sites, services, applications and tools that are part of the global mudputty Services. You also waive all moral rights you have in the content to the fullest extent permitted by law.
11 Mudputty’s intellectual property
11.2 All right, title and interest in all Intellectual Property Rights in all of mudputty Materials mudputty’s brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on in the mudputty Marketplace or other Services (the “‘Brand Features Our IP’”) are the property of mudputty and will remain or be vested in mudputty at all times. Your use of the mudputty Marketplace will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand FeaturesOur IP or the mudputty Marketplace. mudputty, on a case by case basis and to the extent required, grants to you a limited, non-exclusive license to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the mudputty Marketplace. All modifications and enhancements to Our IP are also to be treated as Our IP. If you modify or enhance Our IP in any way, you assign to us (or our licensors as applicable) all Intellectual Property Rights in those modifications or enhancements immediately from creation. You must not use our trade marks or logos except with our prior written consent.
12 Limitations of liability
12.1 To the extent permitted by law and subject to the remainder of this agreement, the Services are provided ‘as is’ and ‘as available’. You agree not to hold us responsible for things other Members post or do. As most of the content on the Services comes from other Members, we do not guarantee the accuracy of postings or Member communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent legally permitted, we do not give any promises or warranties (whether express or implied) about the availability of our Services. Notification functionality in our Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Subject to clause 12.5, in no event do we accept liability for any claims, Loss or Damage arising in connection with the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
12.2 To the extent legally permitted and subject to clause 12.5 we disclaim all warranties, representations and conditions, express or implied, in relation to the Services or any content displayed in a Listing including those of merchantable quality, durability, or fitness for a particular purpose and those arising by statute. To the extent legally permitted and subject to clause 12.5, we are not liable for any loss, whether of money (including profit), goodwill, or reputation,Loss or Damage or any special, indirect, or consequential damages arising out of your use of the Services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
12.4 Despite the previous paragraph, to the extent permitted by law if we are found to be liable, and subject to clause 12.5, our liability to you or any third party (whether in contract, depict, negligence, strict liability, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months before the action giving rise to liability, and (b) AUD$100.
13.1 You will indemnify and hold harmless mudputty and its affiliates and our and their respective officers, directors, agents and employees (each an ‘Indemnified Party’), from any Loss or Damage arising from, or in connection with, a claim against an Indemnified Party, where such claim alleges or is based upon your alleged or actual breach of this agreement, including without limitation, clauses 4, 7, and 10from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
13.2 To the extent an Indemnified Party is not able to enforce its rights under this clause 13 directly, we hold the benefit of this clause 13 on trust for them.
14.1 If you have a dispute with one or more Mudputty mudputty Members, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown Loss or Damage and any Consequential Loss, arising out of or in any way connected with such disputes.
15 Personal Information
16 General terms
16.1 If the mudputty Marketplace Services is are not capable of running as planned for any reason beyond the reasonable control of mudputty, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the mudputty Marketplace Services, or if any social media Marketplace platform alters its terms of service, access or permission in such a way that affects the mudputty Marketplace Services, mudputty reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the mudputty Marketplace Services.
16.2 Taxes. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. mudputty cannot and does not offer Tax- related advice to any Users. Fees payable in connection with the Services (including the Host Service Fee and the Attendee Service Fee) are exclusive of all applicable Taxes and you agree to pay any applicable Tax in addition to such fees. We may invoice you for the amount of any applicable Taxes and you must pay that amount within the time frame and using the payment method specified on the invoice or, if no time frame is specified, within 30 days of the date of that invoice.
16.3 GST. Where GST is imposed on a taxable supply made in connection with this agreement, and the recipient of that supply receives a tax invoice for that supply, the recipient must pay the GST to the supplier (without deduction or set-off) by the tax invoice due date.
16.4 Terms of electronic payment collection (Stripe). Payment processing services for hosts Members on mudputty are provided by Stripe and are subject to the Stripe Connected Account Agreement (https://stripe.com/connect-account/legal), which includes the Stripe Terms of Service (https://stripe.com/legal)(collectively, the ‘Stripe Services Agreement’). By agreeing to these terms or continuing to operate as a host on mudputty, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of [platform name]the mudputty Marketplace enabling payment processing services through Stripe, you agree to provide mudputty accurate and complete information about you and your business, and you authorize mudputty to share it and transaction information related to your use of the payment processing services provided by Stripe.
16.9 You agree that we may use subcontractors to provide the Services to you.
16.10 A word which suggests one gender includes the other gender.
17 Contact and help details
17.1 You may contact mudputty via:
Address: Mail PO Box 247
Peregian Beach Qld Australia 4573
Telephone (Australia): (07) 5588 8564
(a) ‘Account’ means a Member account with mudputty. A Member can be a host of an activity, an attendee or both.
(b) ‘Activity’ means a lesson, activity, class, private tuition, group tuition, workshop or similar.
(c) ‘Activity Fee’ means the price applied by payable to a Host for attendance at an the Activity for one person to attend by an Attendee.
(d) ‘Attendee’ means a Member who requests from a Host a Booking of a Listing via the Site a booking for an Activity, Application or Services, or a Member who attends a class provided by the Host an Activity and is not the Host for the associated Listing that Activity.
(f) ‘Collective Content’ means Member Content and mudputty Content.
(g) ‘Communication’ means an email, message via the Application, text message or message to an account.
(h) ‘Content’ means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
(i) Consequential Loss means
(i) loss of bargain;
(ii) loss of revenues;
(iii) loss of reputation;
(iv) indirect Loss or Damage;
(v) loss of profits;
(vi) consequential Loss or Damage;
(vii) loss of actual or anticipated savings;
(viii) lost opportunities, including opportunities to enter into arrangements with third parties;
(ix) Loss or Damage in connection with claims against you by third parties; and
(x) loss or corruption of data.
(j) ‘GST’ has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(k) ‘Host’ means a Member who creates a Listing via the Site, Application and Servicesmudputty Marketplace for an Activity.
(m) ‘House Rules’ means the code of practice and conduct that must be adhered to by Members.
(n) ‘Intellectual Property Rights’ means all present or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, any rights in silicon chip topography, Confidential Information and Know-How and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise.
(o) ‘Listing’ means an ‘Activity’ that is listed by a Host as available for Booking booking via the Site mudputty Marketplace, Application, and Services.
(p) ‘Post’ means an activity placed on the mudputty marketplace by a Member.
(q) ‘Loss or Damage’ includes any loss, damage, liability, penalty, fine, charge, expense, outgoing, payment, or cost of any nature or kind (including all legal and other professional costs on a full indemnity basis), however caused (including by negligence) or arising including those that are prospective or contingent and those the amount of which is not ascertained or ascertainable and includes loss of profits or expected profit and diminution in value.
(r) ‘Material’ includes information, software, firmware, tools, documentation, reports, data, diagrams, images, procedures, plans, content, and other materials.
(s) ‘Member’ means a person who completes mudputty’s account registration process. A Member can be a Host of an activity, an Attendee or both.
(t) ‘mudputty’ means mudputty Pty Ltd (Australia).
(u) ‘mudputty Materials’ means the mudputty Marketplace and any associated materials owned, developed or licensed by mudputty and made available via the mudputty Marketplace;Services, any Material created in the delivery of the Services, any Material we provide or make available to you in connection with the Services, and any Material you access or use in connection with the Services, other than Your Content.
(v) ‘mudputty Marketplace’ means the Platform, and any associated mudputty properties or websites.has the meaning contemplated in clause 1.1.
(w) ‘Our IP’ has the meaning given to that term in clause 11.2.
(x) ‘Payment Manager’ means Stripe Inc, https://stripe.com/about (https://stripe.com/about).
(y) ‘Services’ has the meaning give to that term in clause 1.1.
(z) ‘Tax’ or ‘Taxes’ mean any tax, levy, duty, charge, impost, fee, deduction and withholding however it is described, that is assessed, levied, collected or imposed by law or by a government agency, together with any related interest penalty, fine or other charge, or other amount imposed in respect of any of the above.
(aa) ‘Your Content’ means the text, graphics, images, music, software , audio, video, information or other materials that you provide to us in connection with your receipt of the Services, including your trade marks and logos, but does not include Our Material.