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.
|