Terms of use

WEBSITE TERMS AND CONDITIONS

1. WEBSITE USE

The use of this Website is conditional upon your acceptance of these Terms and Conditions. You will be deemed to have accepted these Terms and Conditions by using this Website, regardless of whether or not you register as a member. If you do not agree to these Terms and Conditions you must not use this Website.

2. USER AGREEMENT

These Terms and Conditions constitute the agreement between you and the Company in respect of your use of the Service and the Website (the “Agreement”).

3. MEMBERSHIP

3.1 Eligibility – You must be over 18 years of age to register as a member of the Service or to use this Website. By using the Website, you represent, undertake and warrant that you have the right, authority and capacity to enter into this Agreement and to comply with all of the Terms and Conditions.

3.2 Membership – You may become a member of the Service free of charge. Free membership will only entitle you to participate in some of the features available as part of the Service. In order to access additional features, you must become a paying subscriber to the Service. Accordingly, your use of those additional features is conditional upon the payment of the relevant fees.

3.3 Subscription plans and fees – Subscription plans and their corresponding fees are located at the “Upgrade Membership” page. These subscription fees are subject to change, which changes will be posted on the page of the Website previously described. You acknowledge that there may be discrepancies in relation to subscription fees between jurisdictions, which discrepancies are reflective of costs applicable to a particular jurisdiction and other commercial conditions relevant to that jurisdiction.

3.4 Member ID and password – As part of the member registration process, you will be required to select a member ID (username) and password. We may refuse to accept any username for any reason, including that the proposed member ID impersonates someone else, is or may be illegal, is or may be protected by trade mark or other intellectual property law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our absolute discretion. You are solely responsible for the confidentiality and use of your member ID and password (including all activities conducted under your Member ID and password) and agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must immediately notify us and you must promptly change your password by updating your account information.

3.5 Payment – In the event that we provide a recurring billing facility for the payment of subscription fees applicable to the subscription plan you select, you hereby authorise the Company to charge those fees on a recurring basis (within a reasonable time prior to the expiration of your current subscription). In that case, the Company will cease charging fees upon its receipt of your written notice that such authorisation has been terminated. Any such notice shall not affect charges made before the Company could reasonably act. In any event, you must provide current, complete and accurate information to enable subscription fees to be charged correctly, which information must be updated regularly.

4. THE SERVICE

The Service is an internet information service that facilitates contact between members who may or may not be seeking friendship or a relationship. It is not a marriage brokering service, mail order bride service nor a matchmaking service. The Company is under no obligation to broker any other member or members for you.

5. OBLIGATION OF USER

5.1 Own risk – You acknowledge that your use of the Service and the Website is solely at your own risk.

5.2 Accurate information – You represent, warrant and undertake that the information that you supply to the Service, the Website and the Company is accurate in all respects, not in breach of this Agreement and not harmful to any person in any way.

5.3 Information not confidential – You agree that any material or information provided by you, save and except for any Personal Information (which may include your full name, email address, postal address, telephone number etc.) the use of which is governed by our Privacy Policy, will be treated as non-confidential and non-proprietary and we may use such material or information without restriction. Specifically, you consent to the Company using such material or information (including any photographs, video or audio recordings) to pre-populate a database for any website owned and operated by the Company which is similar to the Website. You acknowledge that any such material or information provided by you will be available for other members or users of the Website to read.

5.4 Information available overseas – You consent to the transfer of information provided by you (including Personal Information other than your full name, email address, residential address or phone numbers) to members residing in countries other than your country of residence.

5.5 Copyright assigned – You agree that all copyright which subsists in any material or information provided by you to the Company is assigned to the Company. You will not post, transmit or otherwise provide any material or information in which the copyright is owned by another person or entity and you warrant that all material and information provided is your original work and not sourced from any third party.

5.6 Legal access – You must ensure that your access to the Website and use of the Service is not illegal or prohibited by laws which apply to you. You are solely responsible for the legality of your actions under all applicable laws.

5.7 Exposure to viruses – You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Service, the Website or any Linked Website.

5.8 Content of profile – You are solely responsible for the content of your profile, messages, video and audio recordings and other materials you may upload to the Service or transmit to other members of the Service.

5.9 Interaction with members – You are solely responsible for your interaction with other members of the Service.

5.10 Negative covenants – You represent, warrant and covenant that:

(a) you will not disclose any information provided to you through the Service to anyone without the prior permission of the person who provided it to you;

(b) you will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libelous, slanderous, or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and privacy rights).

(c) you will not transmit “spam,” chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail;

(d) you will not use the Service or the Website for any unauthorised commercial purposes;

(e) you will not solicit or attempt to solicit any money from any member or other user of the Service or the Website;

(f) you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;

(g) you will not harass others by continuing to attempt to communicate with someone who has clearly asked you to cease communications;

(h) you will not post or transmit material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of computer software or hardware; and

(i) you will not post or transmit in any manner any contact information including without limitation, email addresses, phone numbers, postal addresses, URLs, or full names through your publicly posted information.

6. INFORMATION

6.1 Monitor information – We reserve the right to monitor all profiles, messages, chat, instant messages, videos and audio recordings to ensure that they conform to the requirements of these Terms and Conditions. To ensure that we provide the highest level of service and the safest online environment to its customers, we have engaged one or more third parties to provide online security functions for our customers. Providing this security requires the collection of certain non-personal data from your computer or other device by which you connect to our websites. You expressly acknowledge and agree to our collection, whether directly or by third-party security providers, of certain non-personal data to be used for the sole purpose of ensuring a secure and safe online environment for you. Even through no personal data is collected, we ensure that any third parties with which it contracts for security services observes the highest data protection and privacy standards.

6.2 Editing information – While we do not and cannot review every message or other material posted or sent by members of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are under no obligation, to delete, move or edit messages or material (including profiles, messages, videos and audio recordings) that we, in our sole discretion, deem to breach these Terms and Conditions or to be otherwise unacceptable.

6.3 Security of information – Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

7. RESTRICTED USE

Unless we agree otherwise in writing, you are provided with access to the Website for your personal use only. You are authorised to print a copy of any information contained on the Website for your personal use, unless printing is expressly prohibited.

8. ADVERTISEMENTS

Responsibility for the content of advertisements (if any) appearing on the Website (including hyperlinks to the advertisers own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertiser’s product or service by the Company. Each advertiser is solely responsible for any representation made in connection with its advertisement.

9. INTELLECTUAL PROPERTY

9.1 Ownership – The Company retains all right, title, and interest in the Service and the Website and the corresponding intellectual property rights and reserves all rights not explicitly granted.

9.2 Copyright – Copyright in the Service and the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Company. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Service or the Website;

or

(b) Commercialise any information, products or services obtained from any part of the Service or the Website;
without our prior written permission.

9.3 Trade Marks – Except where otherwise specified, any work or device to which is attached the Ô or â symbol is a registered trade mark. If you use any of the trade marks owned by the Company in reference to our activities, products or services, you must include a statement attributing the trade mark to the Company. You must not use our trade marks:

(a) in or as the whole or part of your own trade marks;

(b) in connection with activities, products or services which are not ours;

(c) in a manner which may be confusing, misleading or deceptive; or

(d) in a manner that disparages us or our information, products or services (including without limitation, the Service and the Website).

10. LINNKED WEBSITES

10.1 Links provided for convenience only – The Website may contain links to other websites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites.

10.2 No endorsement – Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by the Company of the owners or operators of the Linked Websites, or of any information, graphics, materials, products or services referred to or contained on Linked Websites, unless and to the extent stipulated to the contrary. We recommend that you review the terms of use and privacy policy of a Linked Website prior to use of it.

11. PRIVACY POLICY

We undertake to comply with the terms of our Privacy Policy which is located on the Website.

12. DISCLAIMERS AND LIMITATION OF LIABILITY

12.1 No warranties as to accuracy – We do not make any representations or warranties that the material or information provided through the Service or on the Website (including any member profile, advice, opinion, statement or other information displayed, uploaded or distributed by the Company or any member or any other person or entity) is reliable, accurate or complete or that your access to the Service or the Website will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided through the Service or on the Website. You should make your own enquiries before acting or relying on any information or material which appears on the Website. You acknowledge that any reliance upon any such material or information shall be at your own risk.

12.2 No warranties as to availability – The Service is distributed on an “as is” basis. We do not warrant that the Service or the Website will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service or the Website. Where permitted by law, you acknowledge that the Service (and the availability of the Website) is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

12.3 Implied warranties excluded – To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:-

(a) if the breach relates to goods:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of such goods;
iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv. the payment of the cost of having the goods repaired; and

(b) if the breach relates to Services:
i. the supply of the Services again; or
ii. the payment of the cost of having the Services supplied again.

12.4 No liability for loss – We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service, the Website or any Linked Websites, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the Service or the Website. For the avoidance of doubt and without limiting the generality of the foregoing:

(a) The Company does not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with your use of the Service or the Website or with any delay or inability to use the Service or the Website, or for any information, products and other services obtained through the Service or the Website, or otherwise arising out of the use of the Website, whether based under contract, negligence or other tort, strict liability or otherwise, even if the Company has been advised of the possibility of such damage;

(b) The Company does not accept any responsibility or liability for any information or material which you submit to the Service or the Website nor do we accept any responsibility for any use or misuse of any information or material which you submit to the Service or the Website by other members or users;

(c) The Company does not accept any responsibility or liability for the conduct of any member or other user of the Service, including without limitation any conduct which causes physical injury to any person.

13. SPECIFIC WARNINGS REGARDING ONLINE DATING

13.1 Risks – You acknowledge that there are risks involved in online dating, including without limitation, unknowingly dealing with underage persons or persons acting under a false pretence or for a criminal purpose.

13.2 No warranty as to identity of member – You acknowledge that user authentication on the internet is extremely difficult. The Company cannot and does not warrant that each member or user of the Service is who he or she claims to be. Further, the Company cannot and does not warrant that member profiles are reliable, accurate or complete. Accordingly, you must be careful in dealing with other members or users of the Service or the Website.

14. COMMUINICATION

The Company reserves the right to send electronic mail to you regarding changes or additions to the Service, or any products and services of the Company and its affiliated businesses.

15. TERMINATION

15.1 Agreement effective for members – This Agreement will remain in full force and effect while you are a member of the Service or while you otherwise use the Website.

15.2 Termination of membership by you – You may terminate your membership at any time, for any reason, effective immediately upon our receipt of your written notice of termination. Notice of termination may be delivered to the address contained in the Contact Us section of the Website, may be emailed to the email address listed in the Contact Us section of the Website, or may be effected by clicking on the Switch Off Membership link in the members’ section of the Website.

15.3 Termination of your access to Service – We may, in our absolute discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Service by others.

15.4 Termination of membership by us – We may immediately terminate your membership and your access to the Service at any time if we determine (in our absolute discretion) that you have breached this Agreement. Notice of termination will be delivered to the last email address you provide to us. Any pre-paid fees relevant to the period following termination will be refunded to you after deducting any costs incurred or loss suffered by the Company in connection with your membership.

15.5 Deactivation for non-use – We may deactivate your account if you have not used the Service for a consecutive 6 month period unless you have an active paid subscription.

16. INDEMNITY AND RELEASE

16.1 Indemnity – You agree to indemnify, defend and hold the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives harmless from and against any and all Claims, loss, damage, tax (including GST), liability and/or expense (including legal costs on a full indemnity basis) that may be incurred by the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives arising out of or in connection with your use of the Service or the Website, including without limitation any breach by you of this Agreement or Claims made by other parties against you. You agree to cooperate fully in the defence of any Claim. We reserve the right (but are under no obligation) to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, provided that you shall remain liable for any such Claim.

16.2 Release – You hereby waive, release, forgive, discharge and relinquish any and all Claims that you now have or may have against the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives which are connected with, arise out of or relate directly or indirectly to your use of the Service or the Website.

17. GENERAL

17.1 Failure to comply – The Company accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.

17.2 No waiver – If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

17.3 Severability – If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall continue in full force.

17.4 Variation – We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by these Terms and Conditions as amended.

17.5 Assignment – You must not assign any of your rights under this Agreement or in respect of the Service or Website to any third party. The Company has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. At the election of the Company, in the event that Cupid Media’s obligations under this Agreement are assumed by a third party, the Company shall be relieved of any and all liability under this Agreement.

17.6 Relationship – You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Service or the Website.

17.7 Governing law – This Agreement is governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

18. DEFINITIONS

In these Terms and Conditions, the following expressions have the corresponding meanings:

“Claim” means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent;

“Commercialise” means to exploit, market, promote, develop, integrate, research, sell and conduct any other activity for profit or reward;

“Company” means Cupid Media Pty Ltd (ACN 104 844 564), a company registered in New South Wales, Australia, and shall include any related body corporate or associate (as those terms are defined in the Corporations Act 2001 (Cth)) of Cupid Media Pty Ltd;

“Personal Information” has the meaning ascribed to it in the Privacy Act 1988 (Cth);

“Privacy Policy” means the Company’s privacy policy which is available on the Website;

“Service” means the facilities made available for members via the Website;

“Website” means this website which is owned and operated by the Company;

“Terms and Conditions” means these terms and conditions as amended by the Company from time to time, which form the agreement between you and the Company;

“we“, “us” and “our” all refer to the Company.