Terms & ConditionsTerms & Conditions

1. About these Terms

1.1 These are the terms and conditions of use (Terms) for The Others Club™ online subscription-based social platform (Platform). The Platform is provided by TOC Community Limited trading as The Others Club™ (we, us, our).

1.2 These Terms form a binding contract between you and The Others Club. Before you register for or use the Platform, you must read and accept these Terms. If you don’t agree to these Terms, do not use the Platform.

1.3 We may change these Terms from time to time. We will notify material changes by email or Platform notification at least fourteen (14) days before they take effect. Continued use of the Platform after the effective date is acceptance of the new Terms.

2. Definitions

2.1 In these terms

City Leader means a Member who voluntarily helps facilitate local connections, conversation and meet-ups on or through the Platform.

Community Rules means our community rules and content standards, as updated from time to time and made available on the Platform.

Event means any in-person or virtual event, meet-up, activity or experience listed, promoted or facilitated on or through the Platform.

Fees means the Membership fees and any other fees under these Terms.

Intellectual Property Rights means any current and future intellectual property rights, whether registered or unregistered, including copyright, design rights, trade marks, service marks, trade names, domain names, rights in logos and get-up, patents, inventions, Confidential Information and know-how, all rights in computer software, design, privacy, and databases.

Member means an individual who has registered an account on the Platform and has a Membership.

Membership means a paid subscription giving access to the Platform for the Subscription Period.

Subscription Period means the recurring period of your Membership, being either one calendar month (Monthly Subscription) or one year (Annual Subscription), as selected by you at the time of sign-up or as subsequently changed in accordance with these Terms.

Third Party Service means any product, service, content or feature provided by a third party that is accessed through or linked from the Platform, including payment processors, hosting providers, venues and Event suppliers.

User Content means text, image, audio, video, link, file or other material that is posted, uploaded, transmitted or otherwise made available by a Member on or through the Platform.

3. Eligibility and accounts

3.1 Age: You must be at least 18 years old to use the Platform.

3.2 Agreement: By clicking ‘I agree to the Terms & Conditions and Privacy Policy’ and ‘I confirm I am 18 years of age or older’ at sign-up, you agree to be bound by these Terms, including confirmation that:

(a) you have read, understood and accepted these Terms, our Community Rules and our Privacy Policy;
(b) you are at least 18 years old and have full legal capacity to enter into a binding contract; and
(c) all information you provide at registration is true, current and complete.

3.3 Recordal: We may record details of your acceptance of these Terms (including date, time and method) for record keeping purposes.

3.4 Security of login details: You must keep your login details secure and immediately notify us of any unauthorised use of your password or any other breach of security.

4. The Platform

4.1 Our role: The Platform is a hosted online community specifically for adults without children. We provide the technology, tools and access only. We are not the organiser, host, promoter or provider of Events created by Members, City Leaders or third parties, and we are not a party to any arrangement, transaction or relationship formed between Members on or through the Platform.

4.2 Risk: You interact with other Members and attend Events entirely at your own risk and are solely responsible for the decisions you make about who to meet, where to meet, what to share, and what to do.

4.3 No background checks: The Platform does not conduct background checks, criminal history checks, or identity verification of Members beyond self-declaration at sign-up. You acknowledge that we do not verify or guarantee the identity, background, character or suitability of any Member or City Leader.

5. Community Rules and Member interactions

5.1 Acceptance of Community Rules: Our Community Rules form part of these Terms and apply each time you use the Platform. By accepting these Terms, you agree to comply with the Community Rules at all times.

5.2 Updates: We may update the Community Rules from time to time. Material changes will be notified to you by email.

5.3 Member interactions: The Platform allows Members to create profiles, connect with one another online, and organise in-person meetups and Events. You acknowledge and agree that:

(a) the Platform is a forum only, all interactions between Members (online or offline) are between those Members;

(b) we do not vet, verify, endorse or guarantee the identity, age (other than the 18+ self-declaration at sign-up), background, character, statements, conduct, fitness or suitability of any Member

(c) we are not responsible for, and have no liability in respect of, any communication, conduct, dispute, loss, injury, harm or damage arising from any interaction between Members

(d) you are responsible for taking your own precautions, including telling someone where you are going, meeting in public for first meet-ups, and not sharing sensitive personal information;

(e) we do not guarantee any specific outcome, friendship, connection or experience from using the Platform.

6. Fees, memberships and payments

6.1 Fees: Each Member must pay the applicable Fees for their Membership to access the Platform. The current Fees are shown at sign-up and on the Platform. Unless otherwise indicated, all Fees are in New Zealand dollars and are inclusive of GST (where applicable) for Members located in New Zealand. For Members located outside New Zealand, Fees are displayed in the Member’s local currency and inclusive of applicable local taxes, duties or levies.

6.2 Billing: Fees are charged in advance on the date you subscribe. Your Membership renews automatically at the end of each Subscription Period (whether Monthly Subscription or Annual Subscription) unless you cancel in accordance with clause 6.6. Different fee schedules may apply to Monthly Subscriptions and Annual Subscriptions, as displayed on the Platform at the time of sign-up or renewal.

6.3 Payment method: Payments are processed by our third-party payment provider, Stripe, Inc. You authorise us (and Stripe, Inc.) to charge your nominated payment method for all Fees as they fall due. You are responsible for keeping your payment details current.

6.4 Failed payments: If a payment fails, we may retry the payment, suspend your access to the Platform without notice, and/or terminate your Membership if the failure is not remedied within seven (7) days.

6.5 Fee changes: We may change Fees on at least thirty (30) days' written notice by email. Continued use of the Platform after the change takes effect is considered acceptance of the new Fees.

6.6 Cancellation and refunds: You can cancel your Membership at any time via your account settings or by emailing support@theothersclub.com. Cancellation takes effect at the end of your current Subscription Period. Except where required by law, Fees are non-refundable and we do not provide pro-rata refunds for unused time of the Subscription Period.

6.7 Free trials and promotions: From time to time, we may offer free trials or promotional pricing. Unless we indicate otherwise:

(a) only one trial or promotion may be used per person;

(b) you must provide a valid payment method at sign-up;

(c) your Membership will automatically convert to a paid Membership at the end of the trial or promotional period at the then-current Fee, unless you cancel before the end of that period in line with clause 6.6; and

(d) we may withdraw or change any trial or promotion at any time.

7. Events

7.1 Event organisation: Events on the Platform may be organised by us, by Members, or by third parties. We are not the organiser, host, promoter or provider of Events created by Members or third parties (including Third Party Service providers), and we are not a party to any arrangement, transaction or relationship formed between Members on or through the Platform.

7.2 Voluntary participation: Attendance at any Event is voluntary and at your own risk, including risks relating to:

(a) your health, fitness and physical condition (including any activity-based, sporting or fitness Event);

(b) travel to and from the venue;

(c) the venue itself and its facilities;

(d) consumption of alcohol or food;

(e) photography, audio and video recording (which may be taken and shared by us, other Members or third parties);

(f) the conduct of other attendees; and

(g) any Third Party Service used in connection with the Event (including caterers, venues, instructors and transport providers).

7.3 Disclaimer: To the maximum extent permitted by law, we are not liable for any loss, injury, illness, damage or expense suffered by you or any guest in connection with an Event.

7.4 Changes and cancellation: We (or the Event organiser) may change, postpone or cancel any Event at any time. Where you have paid a separate Event fee, refunds will be handled in accordance with the booking terms for that Event.

7.5 Conduct at Events: You must comply with the Community Rules, any venue rules, all applicable laws, and any reasonable directions given by us, or venue staff. We may refuse entry to, or remove any Member from, an Event at our discretion.

8. User Content

8.1 User Content visibility: You acknowledge that User Content posted on the Platform by you can be viewed by other Members.

8.2 Ownership: You retain ownership of any User Content you post on the Platform.

8.3 Licence: You grant us a worldwide, royalty-free, non-exclusive, sub-licensable, transferable licence to host, store, copy, reproduce, adapt, modify, display, publish, communicate and otherwise use your User Content for the purposes of operating, promoting and improving the Platform (including anonymised use for moderation, training, safety and marketing). This licence survives termination of your Membership to the extent necessary to operate the Platform and comply with our legal obligations.

8.4 Your warranties: You warrant that:

(a) you own or have all necessary rights to your User Content;

(b) your User Content does not infringe any third-party rights (including Intellectual Property Rights, privacy or confidentiality);

(c) your User Content complies with the Community Rules and all applicable laws; and

(d) you have all consents needed for any individual identifiable in the User Content.

8.5 Prohibited content: You must not post User Content that is unlawful, infringing, defamatory, harassing, hateful, sexually explicit, exploitative of minors, misleading, spam, or promotional.

8.6 Enforcement: In relation to any User Content posted by a Member and without limiting any other right, we may at any time (with or without notice) and at our sole discretion:

(a) monitor, review, moderate, edit, remove, refuse, restrict or relocate any User Content;

(b) issue warnings;

(c) suspend, restrict, downgrade or terminate any Membership;

(d) investigate any actual or suspected breach of these Terms, the Community Rules or applicable law; and

(e) cooperate with, disclose information to, and assist law enforcement, regulators and any other competent authority.

8.7 Monitoring: We are not obliged to monitor User Content but reserve the right to do so. Our decisions on moderation are final.

9. Intellectual property

9.1 Intellectual Property rights: All Intellectual Property Rights in the Platform, including the name and mark 'The Others Club™', the TOC logo, and all related content including but not limited to text, graphics, logos, images, photographs, video, audio, software, layout and designs (other than User Content) are owned by or licensed to us. All right, title and interest in and to all software code (source and executable), utilities, editing/compiling tools, data formats or compression methods, algorithms and interface routine and general computer software design practices and proprietary development tools used or made available as part of the Service, and all Intellectual Property in such items, are held or owned by us or our licensors. Nothing in these Terms gives you any ownership rights in the Platform.

9.2 Licence: We grant you a limited, personal, non-exclusive, non-transferable, non-sub-licensable, revocable licence to access and use the Platform for your personal, non-commercial use, in accordance with these Terms.

9.3 Derivative works and reproductions: You must not copy, reproduce, modify, distribute, sell, rent, sub-license, reverse engineer, scrape or create derivative works from the Platform or any part of it, except as expressly permitted by us in writing or by law.

10. Disclaimers

10.1 Disruption: We use reasonable endeavours to keep the Platform available but do not guarantee that it will be uninterrupted, error-free, secure or virus-free. We may suspend, withdraw or restrict all or part of the Platform at any time, including for maintenance, upgrades or operational reasons.

10.2 Third Party Services: The Platform may include or link to Third Party Services (including payment processors, hosting providers, email and SMS providers, analytics tools and Event venues). We are not responsible for any Third Party Service and your use of them is governed by their own terms.

10.3 Force majeure: We are not liable for any failure or delay in performing our obligations to the extent caused by events outside our reasonable control, including natural disasters, pandemics, epidemics, government action, civil unrest, cyber-attacks, denial-of-service attacks, telecommunications or internet outages, and failures of Third Party Service providers.

10.4 Consumer law: Nothing in these Terms limits or excludes any consumer guarantee, right or remedy that cannot be lawfully limited or excluded, including under the Consumer Guarantees Act 1993 (New Zealand), the Fair Trading Act 1986 (New Zealand), the Consumer Rights Act 2015 (United Kingdom), the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) (Australia), or any other applicable mandatory consumer protection legislation in your jurisdiction. Your statutory rights under these laws cannot be excluded or limited by contract. Where you use the Platform for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply.

10.5 Exclusion: Subject to clause 10.4, the Platform is provided 'as is' and 'as available'. We exclude all representations, warranties and conditions to the maximum extent permitted by law.

11. International users

11.1 Local laws: The Platform is operated from New Zealand. If you access the Platform from outside New Zealand, you do so at your own initiative and are responsible for compliance with the laws of your local jurisdiction.

11.2 International transfer: Some features may not be available in all countries. By accessing the Platform from outside New Zealand, you consent to the transfer of your information to, and processing in, New Zealand and any other country where our service providers operate. Please refer to our Privacy Policy for further information.

12. Liability and indemnity

12.1 Limitation: To the maximum extent permitted by law, we will not be liable in contract, tort (including negligence) or otherwise to you for any:

(a) indirect, consequential, special or incidental loss;

(b) loss of profits, revenue, savings, opportunity, data, goodwill or reputation;

(c) loss arising from the conduct of any Member, City Leader or third party;

(d) loss arising from User Content, Member interactions, Events, or any decision or relationship formed through the Platform; or

(e) loss arising from any outage, interruption, suspension or withdrawal of the Platform or any Third Party Service.

12.2 Liability cap: Subject to clause 12.1, our total aggregate liability to you in connection with these Terms, the Platform, the Community Rules and any Event organised by us, however arising (including in contract, tort (including negligence), equity or under statute), is limited to the total Fees you have paid to us in the three (3) months immediately before the event giving rise to the claim.

12.3 Indemnify: You indemnify us, our directors, employees, contractors and agents against all loss, damage, liability, cost or expense (including legal costs on a solicitor-client basis) suffered or incurred arising out of or in connection with:

(a) your breach of these Terms, the Community Rules, or any applicable law;

(b) your User Content;

(c) your interactions with any other Member, City Leader or third party;

(d) your attendance at, or conduct in connection with, any Event; or

(e) any claim brought by a third party in connection with any of the above.

13. Termination

13.1 Termination by you: You may close your account at any time via your account settings or by emailing us at support@theothersclub.com. Closure of your account takes effect at the end of the current Subscription Period.

13.2 Termination by us: We may suspend or terminate your Membership and access to the Platform at any time, with or without notice, if:

(a) we reasonably consider that you have breached any of the Terms or the Community Rules;

(b) your continued access poses a risk to other Members or the Platform; or

(c) for any other lawful reason.

13.3 Effect of termination: On termination:

(a) all rights granted to you under these Terms cease immediately;

(b) we may remove or retain your User Content at our discretion (subject to law and our Privacy Policy);

(c) we may delete or de-identify your account;

(d) any Fees paid up to termination are non-refundable except where required by law;

(e) any Fees accrued but unpaid up to the date of termination, plus any Fees that would fall due during the remainder of your current Subscription Period, remain immediately due and payable.

13.4 Survival: Clauses 7.3 (Disclaimer), 8.3 (Licence), 9 (Intellectual property), 10 to 13 inclusive (Disclaimers, warranties and liability), 13.3 (Indemnity), this clause 13.4, and 14 to 15 (Dispute resolution and miscellaneous) survive termination of these Terms.

14. Dispute resolution

14.1 Informal resolution: Before commencing any formal proceedings in connection with a dispute arising out of or relating to these Terms or the Platform, the parties must first attempt to resolve the dispute informally by sending a written notice to the other party describing the dispute and the resolution sought. The parties will use good faith efforts to resolve the dispute within thirty (30) days of receipt of that notice.

14.2 Mediation: If the dispute is not resolved within the thirty (30) day period referred to above, either party may (but is not required to) refer the dispute to mediation administered by the Resolution Institute (or equivalent body in the relevant jurisdiction) before commencing formal proceedings. The costs of mediation will be shared equally between the parties.

14.3 Formal proceedings: Nothing in this clause prevents either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction at any time.

15. Miscellaneous

15.1 Waiver: Failure to enforce any provision of these Terms is not a waiver of that provision. If any provision is unenforceable, it will be modified to the minimum extent needed or severed. You may not assign these Terms. We may assign or transfer them as part of a restructure or sale of our business.

15.2 Entire agreement: These Terms (together with the Community Rules and Privacy Policy) form the entire agreement between you and us in relation to the Platform.

15.3 Governing law: These Terms are governed by New Zealand law, and you submit to the non-exclusive jurisdiction of the New Zealand courts.

15.4 Notices: We may give notices to you by email. You may give notices to us at support@theothersclub.com.