XR Hub Membership Terms and Conditions

These Membership Terms set out the membership agreement between Real Serious Games Pty Ltd ACN 135 965 098 as operator of the XR Hub (“RSG”, “us”, “we”) and each person applying to be a member of the XR Hub (“you”, “your”). In applying to be a member of the XR Hub, you confirm that you agree to and accept these Membership Terms.

1. Definitions

1.1 “Account” means the online account provided to you by RSG for the purposes of requesting Services, payment of the Membership Fees and showing the Member Benefits available to you.

1.2 “Authorised Users” means those persons nominated by you from time to time as being authorised to use your Account and/or utilise the Services, which as at the date of this Agreement are the people nominated by you in the Membership Application.

1.3 “Member Benefit” means a benefit available to a member of the XR Hub either generally or limited to members of a specific Membership Type.

1.4 “Membership Application” means the XR Hub membership application signed by you and submitted to RSG requesting that RSG provide membership of the XR Hub and an Account to you.

1.5 “Membership Fee” means the annual fee payable by you to RSG to become and maintain your membership of the XR Hub, as set out from time to time on the XR Hub Website.

1.6 “Membership Terms” means these membership terms and conditions.

1.7 “Membership Type” means the categories of membership to the XR Hub available from time to time, as set out on the XR Hub Website.

1.8 “RSG” means Real Serious Games Pty Ltd ACN 135 965 098, its successors and assigns or any person acting on behalf of and with the authority of Real Serious Games Pty Ltd.

1.9 “Services” means services supplied by RSG or available to you as a member of the XR Hub from time to time.

1.10 “Third Party Supply” means goods and services that a member is able to procure from a third party supplier as a Member Benefit under an agreement between the supplier and the member.

1.11 “XR Hub” means the immersive technologies hub managed by RSG and located at The Precinct, TC Beirne Building, 315 Brunswick Street, Fortitude Valley, Queensland.

1.12 “XR Hub Website” is www.qldxrhub.com.

2. Eligibility and applying for membership

2.1 To be eligible to apply to be a member of the XR Hub you must meet the eligibility criteria for the Membership Type applicable to you, complete a membership application, pay the Membership Fee (if applicable) in advance and agree to the Membership Terms.

2.2 In order to assess if you meet the eligibility criteria, we may require you to provide further information to support your application or contact a relevant third party. The eligibility criteria may differ between Membership Types.

2.3 We have the discretion, acting reasonably, to accept or reject any membership application.

2.4 If we accept your membership application, your membership will not start until you complete all required membership registration requirements including paying any Membership Fee (if applicable). All Membership Fees must be paid annually in advance, unless otherwise agreed by us.

2.5 Except for nominated Authorised Users, membership is personal to the person or organisation accepted as a member and cannot be transferred.

3. Membership Types and Member Benefits

3.1 You can only be a member of one Membership Type at any one time. Not all Membership Types may be eligible for the same Member Benefits.

3.2 Subject to you meeting the eligibility criteria, you may request to change your Membership Type. Additional Membership Fees may be payable as a consequence of changing your Membership Type.

3.3 Member Benefits for each Membership Type are set out on the XR Hub Website. We may change the Member Benefits that we offer at any time in accordance with our assessment of membership preferences, availability and cost.

3.4 Each Member Benefit is available on the specific terms identified for that Member Benefit. If you select a Member Benefit, you are taken to have agreed to the terms applying to that Member Benefit.

3.5 On occasion, special offers such as special events and competitions may be made available to members of a specific Membership Type or all members, at our discretion. Each special offer is provided on the terms identified for that special offer.

3.6 A Member may need to complete an application or other process and pay fees to be entitled to a Member Benefit.

3.7 A Member Benefit may be a Third Party Supply. To the extent permitted by law, we have no liability whatsoever to you (or your Authorised Users) for provision, non provision or any defect with the Third Party Supply.

3.8 If you apply for and are granted a student membership, you acknowledge and agree that you will only be allowed to join and participate in the LinkedIn community if you are over 16 years of age. A failure to accurately disclose your age in the Membership Application may result in your membership being immediately suspended or terminated.

4. Account

4.1 You are responsible for maintaining the security of your Account and any username and password associated with the Account.

4.2 You are responsible for all bookings, fees and requests for Services generated through the Account, regardless of whether it was specifically authorised by you.

4.3 Where there is more than one applicant, each applicant will be jointly and severally liable for payment of the Membership Fee and all payments for Services.

5. Bookings

5.1 Bookings for Services must be made via the Account or such other online portal or procedure specified by RSG from time to time.

5.2 RSG is entitled to refuse to accept a booking (either with respect to you or a specific Authorised User) for Services or Member Benefits at its discretion by notice to you, including if there are any outstanding moneys owing to RSG or if you or any of your Authorised Users have breached either these Membership Terms or any terms and conditions relating to the use of the Services or Member Benefits.

5.3 A booking may only be cancelled or changed via the Account or such other online portal or procedure specified by RSG from time to time.

6. Obligations of members and Authorised Users

6.1 You and your Authorised Users must:

(a) act honestly, fairly and reasonably in all matters connected with the XR Hub and other members of the XR Hub;

(b) promptly tell us if there is a change to details submitted in your membership application or the member details recorded in your Account (including any details of your Authorised Users) including:

(i) ownership of the member organisation;

(ii) your contact details;

(iii) contact details of an Authorised User;

(iv) deletion or addition of an Authorised User.

You will be liable for any loss incurred by RSG as a result of your failure to comply with this clause.

(c) comply with any applicable acceptable use, rules of participation or similar policy in place for using a Member Benefit; and

(d) give us such information as we reasonably request (e.g., to assist us to verify eligibility for any Member Benefit).

6.2 You and your Authorised Users must not:

(a) use false contact details (including email address and date of birth (for student memberships)), impersonate others or misrepresent your affiliation with others;

(b) display or advertise your business or any goods or services, including inserting advertising, branding or other promotional content into forums or other web based services or resources provided by the XR Hub, without the prior written consent of RSG;

(c) attempt to transfer or otherwise deal with your membership or any Member Benefit other than in accordance with the Membership Terms;

(d) abuse or misuse your membership or any Member Benefit or use it for any inappropriate, illegal or unlawful activity;

(e) engage in any behavior in communicating with another member that could reasonably be interpreted as intended to bully, intimidate or harass a person;

(f) in using a forum provided by XR Hub post content that could reasonably be interpreted to be defamatory, malicious, hate speech, threatening or pornographic, incite violence or contains nudity or graphic or gratuitous violence;

(g) undertake any action that could damage the reputation of the XR Hub or other members;

(h) make representations on behalf of the XR Hub without prior approval in writing. For example, a Member must not organise an event in the name of, or expressed as being in association with or supported by the XR Hub without prior written approval;

(i) engage in automatic gathering of information from or through the XR Hub Website or any portal or web based service or resource provided by the XR Hub (such as “spidering”, “screen scraping”, “database scraping” or harvesting of email addresses and member data);

(j) disclose any confidential information obtained (regardless of whether directly, indirectly, expressly or inadvertently) from your membership of the XR Hub or use of any of the Services; or

(k) make any media, including social media, or other announcement or release in respect of the XR Hub without the prior written approval of RSG as to whether it should be released and the form, content and manner of the announcement or release, except where required to be made by Law or to comply with the requirements of a relevant stock exchange. This includes restriction of content to be related only to your own business and contain no derogatory or defamatory statements against RSG, the XR Hub or other members of the XR Hub.

7. Use of Content

7.1 Members may be able to post content in different forums. Before you post any content, you are responsible for checking whether there are any restrictions on who may access posts to that forum and ensuring that the content complies with our acceptable use policy and your membership obligations. For example, a forum might be public (anyone can view) or member-only (only we and other members may view). In addition, content that you provide must not be in infringement of copyright obscene, offensive or defamatory.

7.2 Subject to any restrictions identified for that forum, your membership obligations and compliance with the acceptable use policy, any content in whatever form posted by you (or your Authorised Users) using a forum provided by us or otherwise provided by a member to us in connection with an activity of the XR Hub may be shared or used by us at our discretion. To enable us to make that sharing or use, you grant us a non-exclusive, transferable, irrevocable, sub-licensable, royalty-free, worldwide licence to use that content.

7.3 Intellectual property rights in content posted on forums and on the XR Hub is owned by us and by third party licensors. You may view that content but you must not reproduce, communicate, reuse or adapt that content in any way, other than as expressly authorised by us. This clause does not apply to content provided by you, which remains the copyright of the author.

7.4 You must not provide content if you do not have the right to do so or if you do not wish us to be able to use that content as set out in these Membership Terms. If you have posted content that you wish us to remove, you should contact us as soon as possible and we will endeavour to remove the content. However, we cannot control and we are not responsible for the use that anyone makes of that content prior to its removal.

7.5 You grant RSG the right to use your organisations name and logo on the XR Hub website and on related marketing materials, solely to indicate your membership of the XR Hub. As long as you remain a member in good standing, you may use the XR Hub name and logo, in the format and with the notices provided or requested by RSG, for the sole purpose of indicating your membership of the XR Hub.

8. Termination

8.1 Once you are a member of XR Hub you are entitled to remain a member until you or we terminate your membership in accordance with these Membership Terms.

8.2 You may terminate your membership of the XR Hub at any time by giving us 14 days notice in writing.

8.3 We may terminate your membership of the XR Hub at any time by giving you 14 days notice in writing. However, if you breach these Membership Terms and we, acting reasonably, consider that it is a serious breach, then we may at our discretion give you a warning, suspend your membership for a period of time or immediately terminate your membership by notice in writing.

The occurrence of any of the following events will constitute a serious breach:

(a) you become insolvent;

(b) you or your Authorised Users engage in serious misconduct;

(d) you fail to remedy a breach of any condition of these Membership Terms within the time specified in any breach notice issued by us.

8.4 We may terminate membership of the XR Hub at any time if we decide to cease operation of the XR Hub or a substantial part of the XR Hub. In this case we may terminate membership by issuing a notice in writing to each current member. Notice may be sent to your email address recorded in your Account.

8.5 Subject to clause 8.6, if your membership is terminated, you may request a pro-rata refund of the Membership Fee based on the period of time remaining in your membership. Any refund for Third Party Supplies will be governed by the terms applicable to the relevant Third Party Supply.

8.6 Clause 8.5 does not apply and you will not be entitled to any refund if your membership is terminated by us due to a serious breach under clause 8.3.

8.7 If you are in breach of any condition of these Membership Terms, for as long as the breach is subsisting, we may, in our discretion and without prejudice to any of our other accrued or contingent rights cease or suspend the Account or access to Services and Member Benefits. RSG will not be liable to you or your Authorised Users for any loss or damage you or your Authorised Users suffer because RSG has exercised its rights under this clause.

9. Liability

9.1 To the extent permitted by law, we have no liability to you whatsoever in contract, tort (including negligence), statute or otherwise for conduct of a member (e.g., in a forum provided by the XR Hub or on the XR Hub premises), conduct of an organisation interacting with the XR Hub or in relation to a Third Party Supply.

9.2 Members are advised to check the accuracy and currency of content on the XR Hub Website before relying on it. For example, there may be a time lag between a detail changing and the XR Hub Website being updated. In some cases we may also rely on third parties for content displayed on the XR Hub Website which we have not verified. While we aim to address any currency and accuracy issues promptly upon becoming aware of them, to the extent permitted by law, we have no liability to you whatsoever in contract, tort (including negligence), statute or otherwise for any reliance you place on content on the XR Hub Website.

9.3 On occasion, there may be an outage on the XR Hub Website and/or any web based service or resource provided by us (eg when maintenance is conducted). During this time, Member Benefits, Accounts and access to web-based resources and services may not be available. We do not warrant that the XR Hub Website or any other service provided by us will be uninterrupted, error free or free of any viruses or other harmful components. We have no liability whatsoever to you (or your Authorised Users) for any outage or any defect with the XR Hub Website or any other online / web based resource or service.

9.4 The Membership Terms are subject to any rights or remedies you have under law, including under the Australian consumer law, that cannot be excluded, restricted or modified.

9.5 RSG is not liable for any indirect or consequential losses or expenses suffered by you or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.

10. Complaints

10.1 If you have a complaint or concern with the XR Hub, a Member Benefit or the conduct of another member, please contact us promptly about the matter. We will work with you in good faith to try to resolve the issue and take appropriate action.

11. Privacy

11.1 The privacy of your personal information is important to us. Your personal information and that of your Authorised Users will be handled in accordance with our Privacy Policy, available on the XR Hub Website or on request.

11.2 By agreeing to these Membership Terms, you agree to the collection, disclosure and use of your personal information as described in our Privacy Policy.

11.3 If you apply for a Third Party Supply, your agreement with the third party supplier will govern how they are permitted to deal with your personal information.

11.4 If you wish to contact us about your personal information please use the contact details on the XR Hub Website.

11.5 You can also email us at privacy@qldxrhub.com for details about how you may seek to access or correct your personal information that we hold, how you may complain about a breach by us of the Australian Privacy Principles and how we will deal with any complaint.

11.6 If you have consented to us doing so, we may send you marketing communications and material about the XR Hub, Member Benefits and member offers by email, text message or other digital service, phone or post. Your consent may have been given by opting in to receive these marketing communications in your membership application or you may have subsequently given your consent. You may withdraw your consent and opt out of receiving marketing communications at any time by notifying us or by following the opt-out process in a marketing communication.

12. General

12.1 We may change these Membership Terms from time to time, but we will notify members before doing so. You will be given the opportunity to cancel your membership with a pro-rata refund (based on the time remaining in your membership) if you do not want to accept the changes. If you do not cancel your membership after receiving notice of a change to these Membership Terms, your continued membership and use of your Account will be acceptance of the updated Membership Terms.

12.2 If any provision of these terms and conditions will be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.

12.3 These Terms and any Agreement to which they apply will be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.

12.4 The failure by RSG to enforce any provision of these Membership Terms will not be treated as a waiver of that provision, nor will it affect RSG’s right to subsequently enforce that provision.