Terms of Use


Terms of Use

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 Introduction

1.1 These Terms of Use, the Privacy  Policy,  and all policies posted on our site set out the terms on which  we offer you access to and use of our site and platform (“mudputty  Marketplace”), our site, services, applications and tools (collectively  the “Services”). You agree to comply with all the above when accessing  or using our Services. By accessing and using the Services you agree to  comply with, and be bound by, are agreeing to the following termsthese  Terms of Use, which are designed to make sure that the Services work for  everyone. The Services are provided to you by mudputty Pty Ltd , also  referred to below as “mudputty”, “we” or “us”.
1.2 Your access to and  use of the mudputty MarketplaceServices is conditional upon your  agreement to and acceptance of these Terms of Use. Each time you use the  mudputty Marketplace, you agree to be bound by these Terms of Use. If  you do not wish to be bound by these Terms of Use, do not use the  mudputty MarketplaceServices.
1.3 mudputty may at any time revise  these Terms of Use by updating this page.  Revisions will take immediate  effect and may affect your ability to use the mudputty  MarketplaceServices. Since you are bound by these Terms of Use, you  should check these Terms of Use whenever prompted to do so. In the event  that we make any changes to these Terms of Use, you are not required to  accept them, but you must not access or use the Services unless you  have accepted the amended Terms of Use. If you do not agree to the  changes, then you are free to terminate your use of the Services, and  there will be no cost associated with that termination. Your use of the  Mudputty Marketplace following the posting of any revisions to these  Terms of Use constitutes your acceptance of those revisions.
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

2.1 Subject to you accepting and  complying with these Terms of Use, we grant you a limited,  non-exclusive, revocable and non-transferrable licence to access and use  the Services in accordance with these Terms of Use for your own  personal or internal business purposes only (as applicable).
2.2 From  time to time, we may add new features or functionalities to the  Services for which we may require you to agree to certain additional  terms and pay a fee to access (“Paid Features”). In order to use a Paid  Feature, you must comply with these Terms of Use (and any relevant  additional terms) and pay the applicable fees to us, which we will  notify to you on request.

3 Acknowledgements, disclaimers and general obligations using mudputty

3.1 mudputty The mudputty Marketplace  allows for the listing of, searching and booking of “Activities”. These  Terms of Use shall apply to all transactions conducted through 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.;
(iv) you represent that you own, or have the  necessary permissions to use and authorise the use of Your Content in  accordance with these Terms of Use; and
(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.
3.6  Nothing in these Terms of Use is intended nor does create a partnership,  agency, employment or fiduciary relationship between mudputty and any  Member user of the Services.
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.
3.8  Subject to your compliance with these Terms of Use, you are granted a  limited, non-exclusive, revocable and non-transferrable licence to  access and use the mudputty Marketplace in the manner anticipated in  these Terms of Use.
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

5.1 mudputty and the mudputty community  work together to keep the Services working properly and the community  safe.  Please report problems, offensive content and policy breaches to  us using the reporting system.  You are solely responsible for all  information that you give to mudputty and any consequences that may  result from your Listings.  We can at our discretion refuse, delete or  take-down content that we think is inappropriate or breaching the above  termsbreaches these Terms of Use or if we receive a direction to do so  from a regulatory body or are required to do so at law.  We also can at  our discretion restrict a Member’s usage of the Services either  temporarily or permanently, or refuse a Member’s registrationperson’s  request to register for an Account with us.  Without limiting other  remedies, we may issue warnings, limit or terminate our Services, remove  hosted content and take technical and legal steps to keep Members off  the Services if we think that they are creating problems or acting  inconsistently with the letter or spirit of our policies.  However,  whether we take any of these steps, and subject to clause 12.5 we don’t  accept any liability for monitoring the Services or for unauthorized or  unlawful content on the Services or use of the Services by Members.  You  also recognize and accept that mudputty is not under any obligation to  monitor any data or content which is submitted to or available on the  Services.

6 Your Account

Member Credentials
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.
6.6 mudputty retains the right and  absolute discretion to terminate your your Account and/or access to the  mudputty MarketplaceServices (or any element thereof) if it believes  that you are abusing or tampering with the mudputty MarketplaceServices  (or any element thereof) in any way, that you have breached these Terms  of Use, or that you have engaged in any unlawful, unethical,  unsportsmanlike or other misconduct calculated to jeopardise the proper  administration of the mudputty MarketplaceServices (or any element  thereof).  mudputty’s legal rights to recover damages or other  compensation from such an offender are reserved.
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
(b) will:
(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

11.1 All mudputty Materials on and in the  mudputty Marketplace and other Services are protected by all applicable  laws including copyright and trade mark laws unless otherwise  specifically noted and may not be used except as permitted in these  Terms of Use.  Nothing in these Terms of Use will be taken to constitute  a transfer, assignment or grant of any ownership rights in any  Intellectual Property Rights in the mudputty Materials to any account  holder.
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.
12.3 Subject to clause  12.5, we are not liable for any Consequential Loss however caused  (including by our negligence), suffered or incurred by you in connection  with these Terms of Use or the Services.

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.
12.5 Despite clauses 3.2, 5.1, 12.1,  12.2, 12.3 and Error: Reference source not found, nothing in these Terms  of Use is intended to limit any of your rights under the Competition  and Consumer Act 2010 (Cth). If the Competition and Consumer Act 2010  (Cth) or any other legislation states that there is a guarantee in  relation to any services we supply in connection with these Terms of Use  and our liability for failing to comply with that guarantee cannot be  excluded but may be limited, then clauses 3.2, 5.1, 12.1, 12.2, 12.3 and  Error: Reference source not found do not apply to that liability.   Instead our liability for that failure is limited to (at our election)  supplying the services again or paying the cost of having the services  supplied again.

13 Indemnification

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 Release

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

15.1 By using the Services, you agree to  the collection, transfer, storage and use of your personal information  by mudputty Pty Ltd (the ‘data controller’) on servers located in the  United States as further described in our privacy policy in accordance  with our privacy policy, available at https://help.mudputty.com/article/15-privacy-policy.

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.
16.5 These terms Terms of use Use shall  be governed by and are to be construed in accordance with the laws of  the State of Queensland, Australia, and the parties submit to the non  exclusive jurisdiction of the courts of Queensland s, Australia, and any  courts competent to hear appeals from those courts.
16.6 If you are  using the mudputty Marketplace on behalf of a legal entity, you  represent that you are authorised to enter into an agreement on behalf  of that legal entity.  These Terms of Use constitute the entire  agreement between you and mudputty and govern your use receipt of the  mudputty Marketplace Services, superseding any prior agreements between  you and mudputty.  You will not assign any rights or obligations under  these Terms of Use, in whole or in part, to any third party without the  prior written consent of mudputty.  mudputty may assign its rights or  obligations hereunder at its sole discretion.
16.7 If any clause or  part of any clause is in any way unenforceable, invalid or illegal, it  is to be read down and amended so as to be enforceable, valid and legal.   If this is not possible, the clause (or where possible, the offending  part) is to be severed from these Terms of Use without affecting the  enforceability, validity or legality of the remaining clauses (or parts  of those clauses) which will continue in full force and effect.
16.8 A  right under these Terms of Use may only be waived in writing signed by  the party granting the waiver, and is effective only to the extent  specifically set out in the waiver.
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
Email:                support@mudputty.com

18 Definitions

18.1 The following terms have the following meanings in these Terms of Use:
(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.