communities.one User & Community Terms of Service

Last updated: 29th March 2025

Welcome to communities.one. These Terms of Service outline the rules and regulations for the use of our website, services, and products.

By accessing or using our website, services, or products, you agree to comply with these terms and conditions.

1. Definitions and Interpretation

In this Agreement:

"Altacomm" means ALTACOMM TECHNOLOGIES PTY. LTD. (ACN 670 050 567);
"Agreement" means this agreement, inclusive of any schedules;
"Community" means an organisation on the Platform created by a User;
"Content" means any images, text, video, or other forms of media uploaded by a User or Community onto the Platform;
"Enterprise Customer" refers to an organisation that controls multiple Communities and Users;
"Force Majeure Event" means any act, event or cause, beyond the reasonable control of the Party, that directly or indirectly results in the Party being delayed in or unable to perform any of its obligations under this Agreement. Industrial action, for the purposes of this Agreement, is not considered to be a Force Majeure Event unless the Party genuinely has no reasonable means to rectify the situation;
"GST" takes its meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
"Initial Term" means the Initial Term stipulated in Clause 2.1;
"Party" refers to one of the Parties in the singular;
"Parties" refers to Altacomm, the Users, and the Communities.
"Platform" means the electronic Services provided to all customers of Altacomm in the aggregate;
"Privacy Policy" refers to the Platform's Privacy Policy available at https://communities.one/legal/privacy;
"Services" means the Services defined within Clause 4.1;
"Stripe" means Stripe Payments Australia Pty Ltd (ACN 160 180 343);
"Stripe Connected Account Agreement" means the agreement created between a Community and Stripe on the creation of an account, available at https://stripe.com/au/legal/connect-account;
"User" ("you", "your") refers to the individual person, company, or organization that has visited or is using the Website or Service or that directs the use of the Account in the performance of its functions;
"Term" means the Initial Term where no renewals have occurred under Clause 2.2, or otherwise the current renewed Term under Clause 2.2;
"Term Fees" refers to the fees payable each Term, as specified on the pricing page available at https://communities.one/pricing; and
"Website" refers to the website located at "communities.one", and all content, services and products contained on the Website or made available through Website;

2. Eligibility to Use the Platform

2.1. Relevant Authority

As a User of the service, you assert that you:

(a) Are over 18 years of age, or that you have reviewed this Agreement with your legal guardian who has provided the necessary legal consent to enter into this Agreement; and
(b) Have the legal authority to represent any Community that you create or modify on the Platform; and
(c) Are not misrepresenting the identity of another person or entity, and are representing yourself in your own right.

2.2. Location

By using the Platform, you assert that you are a resident of Australia, and using the service in Australia.

2.3. Accuracy of Information

During the registration process for an account on the Platform for a User or Community, you assert that information you provided will be accurate, current, & not contain material defects.

2.4. Security of Account

You assert that as a User of the Platform, you will not allow anyone else to access, view, modify, or tamper with the Platform using your User credentials. You are responsible for keeping these credentials secure and you will be liable for damages arising from other parties' use of your account.

2.5. Conditional Use

Your use of the Platform is conditional based on the eligibility criteria above. If Altacomm finds, suspects or has reason to believe that you are not eligible to use the Platform, Altacomm may revoke your access.

3. Term

3.1. Initial Term

As of the date of issue, an initial term for product use will be extended to all Users & Communities until the 31st of December 2025.

3.2. Renewal of Agreement

This Agreement will automatically renew for further Terms of 12 months unless the Customer closes their account by writing to support@communities.one.

4. Service Fees

4.1. Term Fees

Term Fees will be payable according to the pricing contained at https://communities.one/pricing. Altacomm may change this pricing from time to time without notice, given that new pricing will not affect renewals on existing contracts for at least 7 days.

4.2. Transaction Disputes

Where a transaction is disputed, Altacomm may impose a fee on the Customer if it was found to be within the Customer's or any of the Communities' control to avoid that dispute being necessary. Altacomm may not impose any transaction dispute fee in excess of that necessary on a cost recovery basis or where costs have already been covered through other charges. Nothing within this Clause is to be construed to prevent Altacomm from rejecting an application to reclaim funds issued, and a fee may still be payable if a transaction dispute is payable.

4.3. Transaction Fees

Where an online transaction is made on the Platform, Altacomm may impose a fee on Communities or Users commensurate to Altacomm's direct costs to provide the Service. Altacomm will not impose any transaction fee in excess of that necessary on a cost recovery basis or where costs have already been covered through other charges. For the avoidance of doubt, this clause does not apply to fees necessitated in the provision of Services outlined in 4.1(a) or 4.1(b). Altacomm may make modifications to this Clause so long as 7 days' notice is provided.

4.4. Additional Forms

Altacomm will disclose all forms of remuneration it may receive from the provision of the Services and may from time to time update this list with additional forms of remuneration it may receive as a result of the Customer's or Communities' use of the Platform, so long as 7 days' of notice is provided.

5. Content

5.1. User Provided/Generated Content

Where you submit any form of Content to the Platform, you:

(a) Acknowledge and agree that such Content will be stored by Altacomm in accordance with the Privacy Policy;
(b) To the full extent permitted by law, grant Altacomm a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the Content without limitation, including through permitting another person or entity to hold the same rights & licences on the Content; and
(c) Acknowledge and agree that Altacomm may refuse, delete, modify, or use the Content in any manner.

5.3. In-Platform Products & Services

As a User of the Platform, Communities may impose a fee for certain types of products or services, including memberships. Where this transaction occurs, you are entering into a transaction with this Community and not with Altacomm, and Altacomm is not liable for any fees associated with the transaction or the product or service being purchased. Altacomm makes no warranties or representations of any nature toward the quality, authenticity or accuracy toward such products or services. Communities may collect data about you when you transact with them, including your name, email address, and other details submitted to the Platform.

6. Services

6.1. Provision of Services

Altacomm agrees to provision the Customer with the following Services:

(a) Provision of software to Communities allowing management of memberships;
(b) Provision of software to the User allowing creation and use of Communities;
(c) Additional services as Altacomm decides fit.

6.2. Error Rectification

(a) In the event that an error is detected by the Customer, the Customer must immediately flag the issue to Altacomm. Altacomm will endeavour to respond within 24 hours and rectify the error as soon as practicable.
(b) In the event the error substantially impacts use of the Platform and is not rectified within 5 business days, the Customer shall receive a refund on Term Fees proportional to the period in which the error was known to Altacomm.
(c) Altacomm's total aggregate liability to the Customer or to any other person for loss, damages, costs or expenses arising out of an error within its control is limited to the Term Fees proportional to the period in which the error was known to Altacomm, in addition to an amount not exceeding the lesser of: (i) $100,000; (ii) the total of all amounts lost by the Customer and its' Communities as a result of an error within Altacomm's control; and (iii) the total of all amounts the Customer had stored within the Platform prior to the error.

6.3. Lapse in Services

(a) From time to time, Altacomm may need to perform maintenance work on the Services that requires a shutdown in electronic Services, preventing some or all of the Services from being offered for that period of time. In such a case, Altacomm will provide the User with at least 7 days' notice where possible.
(b) A shutdown of some or all electronic Services may be necessary at certain times in circumstances outside of Altacomm's control, including downtime of services by a Third Party that Altacomm relies on. Altacomm will provide notice of these events as soon as possible. In some cases, these events may occur without warning, in which case Altacomm will not be able to provide notice.
(c) Unplanned outages may occur, with the time in which the error was first flagged by a User to Altacomm being considered to be the time at which the outage commenced. Altacomm will not be able to provide notice of such an event and will endeavour to respond as soon as practicable.

6.4. Use of Services

The Customer acknowledges and agrees that it must:

(a) Ensure that all information entered into the Platform is correct, accurate, fit for the purpose intended and free from defects;
(b) Not use the Services for any purpose that is unlawful or that would give rise to any civil or criminal liability for you, the Communities, Altacomm, or any third party;
(c) Not either directly or indirectly: (i) Reverse engineer or attempt to extract the source code of any part of the Platform; (ii) Make a product or service using similar ideas, features or functions to the Platform or any part of it; (iii) Remove, modify, or obscure any copyright, trademark or other proprietary rights of the Platform; (iv) Transmit infringing or fraudulent or otherwise unlawful material; (v) Tamper with or modify the Platform; (vi) Scrape or crawl the Platform through manual or automated methods.

6.5. Anti-Money Laundering

Altacomm may delay, block or refuse to provide Services to the Customer where Altacomm reasonably suspects that the provision of Services will breach, or cause Altacomm to breach, any law. In such a case, Altacomm may be required to make external reports to third parties, or regulatory bodies as required by law. If Altacomm believes it is required to terminate this Agreement due to a breach of law, it may do so without notice and without refund of Term Fees.

7. Force Majeure

7.1. Notice

If Altacomm is affected by a Force Majeure Event it must as soon as practicable give the Customer written notice, including the following particulars:

(a) Details of the Force Majeure Event, including an estimate of its duration and plans to rectify the situation;
(b) Details of Altacomm's obligations under this Agreement that are affected due to the Force Majeure Event and the extent to which they are affected;

7.2. Effort to overcome

Upon notice of a Force Majeure Event under Clause 7.1, Altacomm must take all reasonable steps to remove, overcome or minimise the effects of the Force Majeure Event, and provide notice to the Customer of all steps being taken to do so.

8. Data Access and Security

8.1. Access

The Customer grants Altacomm a perpetual, non-exclusive, royalty-free, worldwide licence to use all data entered into the Platform by the Customer and Communities, in accordance with the Privacy Policy. Altacomm will retain a right to access all data entered into the Platform in order to comply with AML/CTF legislation and provide the Services for a minimum of 7 years beyond the termination of this Agreement. Altacomm may also use this data for purposes provided by its Privacy Policy.

8.2. Security

Altacomm agrees to only disclose information provided by the User and Communities as necessary to provide, improve or assess the Services or where required by law. This may include disclosure of information to Users, Communities, and third-parties in order to provide the Services, or regulatory bodies as required by law.

8.3. Intellectual Property Rights

(a) Each Party retains ownership of its Intellectual Property Rights in materials created prior to or independent of this Agreement.
(b) Intellectual Property created by the User or Communities using the Services remains property of Altacomm unless otherwise stipulated within this Agreement or another agreement.
(c) Notwithstanding any other provision of this Agreement, both Parties agree that the Intellectual Property Rights in the Services are owned and remain property of Altacomm.

9. General

9.1. Severability

In the event any provision of this Agreement is determined to be void or unenforceable, such determination shall not affect the remainder of this Agreement, which shall continue to be in force.

9.2. Warranties

The parties agree that all warranties and representations contained herein shall survive the completion of this Agreement, the expiration of the Initial Term, and the expiration of any Terms thereafter.

9.3. Variation

Altacomm may make amendments to this Agreement from time to time by providing 14 days' notice to the User. Altacomm may make other amendments where otherwise stated within this Agreement.

9.4. Relationship of the Parties

(a) Neither Party is, by virtue of this Agreement, the employee, agent, officer or partner of the other Party nor authorised to bind or represent the other Party.
(b) Both Parties must ensure that its officers, employees, agents or Subcontractors do not represent themselves as being an officer, employee, partner or agent of the other Party.
(c) In all dealings related to the Agreement, the Parties agree to: (i) communicate openly with each other and cooperate in achieving the contractual objectives; (ii) act honestly and ethically; (iii) comply with reasonable commercial standards of fair conduct; (iv) consult, cooperate and coordinate activities to identify and address any overlapping work health and safety responsibilities aimed at ensuring the health and safety of workers and workplaces; and (v) comply with all reasonable directions and procedures relating to work health and safety, record keeping and security in operation at each other's premises or facilities whether specifically informed or as might reasonably be inferred from the circumstances.

9.5. Counterparts

This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original but all of which, taken together, constitute one and the same agreement.

9.6. Choice of law & jurisdiction

(a) This Agreement is governed by and must be construed in accordance with the laws of South Australia.
(b) The Parties, at their own discretion, may agree to settle any disputes arising or relating to this Agreement in courts than those in the State of South Australia.
(c) If the parties cannot come to an agreement as to choice of jurisdiction, matters arising from this agreement will exclusively be heard in the courts of the State of South Australia and the Commonwealth of Australia.
(d) Each party waives their right to object to the venue of any proceedings if a venue is chosen through the processes within 9.4(b) or 9.4(c)

9.7. Termination

(a) The User may terminate this Agreement by providing notice to Altacomm at support@communities.one. If a User or Community terminates this Agreement, Term Fees for the entire Term remain payable.
(b) Altacomm may terminate this Agreement with immediate effect. If Altacomm terminates this Agreement, Term Fees will be refunded for the unused proportion of the Term.
(c) If the User is the subject of an Insolvency Event, Altacomm may terminate this Agreement with immediate effect by notifying the User. In the event of a termination as a result of an Insolvency Event, all paid Term Fees are forfeited, however if any Term Fees remain unpaid, the Customer is not under obligation to pay the remainder.