Terms & Conditions - Meet My Friend Australian online dating site
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As at: 06/08/2008

 

‘Us', ‘we' and ‘our' refer to Meet My Friend Pty Ltd (ACN 125 052 995), the operator of this online dating website.

  

If you wish to use our online dating website, you must read and accept the terms that are set out below.

 

You use our online dating website at your own risk. You should always exercise caution and common sense when interacting with people you do not know. We do not make any promises that you will find love or friendship. Our aim is to provide you with a high quality service that allows you to socialise and connect with people around you.

 

We may change these terms from time to time without notice. The new terms will be posted here and will apply from the date on the top of this page. If you continue to use our website after this date, you accept the new terms.  

 

1.            Eligibility 

            You may only use our online dating website if:

(a)Restrictions in some countries  you are not in a country that prohibits these types of website. You must check and comply with the laws of your country;

(b) 18 or over you are 18 years of age or older;

(c) individuals only you are an individual and it is for personal use. You must not use the website for any commercial endeavours without our express written consent; and

(d) capacity you have the right, authority, and capacity to enter into this agreement and accept its terms.

2.           Registration 

2.1  Registration  You will need to register as a member to access and use certain parts and functions of our website. We may, at our absolute discretion, not accept your registration. If we do this, we will reverse your membership fees.

2.2 Provide accurate information When you register, you must provide us with accurate, current and complete information about you or your friend (as the case may be).

2.3 Update information You must update your account information to keep it current.

2.4 Only one account You may only use one account.

2.5 Login email and password security You must keep your login email address and password information secure.

2.6 Responsible for account use You are responsible for all use of your membership account, whether or not you have authorised it.

3.         Membership Subscription

 

3.1 Subscription fees  You must pay the membership subscription fees to access respond to messages from other members. We may at any time change these  fees, which will apply on renewal of your paid membership.  

3.2 No refunds  Your initial payment is non-refundable. You can cancel your subscription anytime.

3.3 Billing  The membership fsubscription ees will be billed automatically to the credit card you provide when registering for paid membership. If those  fees are not processed for any reason, we may suspend or cancel your membership.

3.4 Automatic renewals  Your paid membership subscription will be renewed automatically for successive periods of the same duration. (Your credit card will be charged for each renewal at the then current membership fees.) . If you do not want to renew your paid membership subscription, email us or opt out of paid membership through our website no less than 3 days before your paid membership expires. You will still have free membership until you end it by following the ‘end account' procedure in your membership account settings. 

4.           Website content and materials

    4.1 Our online dating website content  

(1)   Intellectual property  All intellectual property in the content and functions of this website is owned or l  icensed to us. Except for your own content, you must not, without our prior written consent, copy, modify, adapt, distribute, frame, link, reproduce, republish, download, display, post, transmit, decompile or sell in any form or by any means any intellectual property belonging or licensed to us.

(2) Limited user licence We give you a revocable licence to use the content and functions of this website according to these terms. You may download or print a copy of any part of this website which you have properly gained access to for your personal and non-commercial use. You must keep all copyright or other proprietary notices intact. Any use of data mining, robots or similar data gathering or extraction methods is prohibited.

4.2         Your content

(1)   Warranties  You warrant the content that you upload or post on our website will not:

(a) intellectual property infringe 3rd party intellectual property;

(b) breach of rights breach any privacy, publicity, moral or proprietary rights; or

(c) defamatory or unlawful material contain defamatory or unlawful material.

(2)        Licence  By uploading or posting your content on our website, you give us an irrevocable, perpetual licence to use, copy, perform, display, modify, frame, republish, post, transmit, adapt, distribute, decompile, and sublicence such content. You consent to us doing anything in relation to the content you upload or publish that (but for this consent) would otherwise infringe any moral rights or similar non-assignable personal rights.

(3)        Monitoring We may, but are not obligated to, monitor any content that you upload or post onto our website.

(4)   Hide, delete and remove We may, in our absolute discretion, hide, delete or remove      any or all your content, including any content which is in breach of clause 5.4 (Code of conduct), without notice or providing reasons.

(5)        Backup You must keep backup copies of your content. If your content is unavailable for any reason, it is your responsibility to replace your content onto our website at your own cost.

5.           Use

5.1 Your responsibility  You are entirely responsible for your conduct, including your use of our website, the content that you post or upload, and any offline activities you pursue in connection with our website. We have included a guide to safe interaction on our website. This information is only a guide and is not intended to be comprehensive or advice.

5.2 Comply with laws You must comply with all Australian, foreign and local laws and regulations which apply to your use of our website in the country you are physically located in.

5.3 Right to content You must not upload or publish any content that you did not create or do not have permission to upload or publish.

5.4       Code of conduct

(1)   Prohibited conduct You must not use our online dating website to:

(a) harmful content upload, post, transmit, share, store or make available by any means any content that we consider is harmful, threatening, unlawful, defamatory, abusive, harassing, obscene, pornographic, sexually explicit, contains nudity, fraudulent, hateful, or promotes racism, bigotry, or harms any group or individual;

(b) people under 18 upload, post, transmit, share, store or make available by any means any content that exploits persons under 18 years of age in a sexual or violent manner;

(c) promoting illegal activities upload, post, transmit, share, store or make available by any means any content that provides instructional material about illegal activities, the violation of the rights of any party, or

(d) infringing rights upload, post, transmit, share, store or make available by any means any content that infringes 3rd party rights, including intellectual property, publicity, privacy or proprietary rights;

(e) restricting content upload, post, transmit, share, store or make available by any means any content that is restricted by password or hidden from an accessible webpage;

(f) false representations make false claims or misrepresentations about yourself, your age, another person, or your affiliation with any person or entity, including us;

(g) personal contact information make available any personal contact information in your profile, e.g. surnames, telephone numbers, addresses, URLs or email addresses;

(h) other user's accounts use or attempt to use another user's membership account without our authorisation;

(i) commercial activities and unsolicited mailing engage in commercial activities or sales, or involves unsolicited advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, surveys, contests, sweepstakes, barter, and mass mailing;

(j) collecting user information collect usernames, email addresses or other contact information of other users by using automated scripts or other means for the purpose of sending unsolicited emails, or unauthorised linking or framing of the website; and

(k) impairing use do anything that could damage, disable, overburden, impair or interfere with the proper operation of our website.

(2) Illegal activities If we consider that you are making any illegal use of our website, we may commence legal proceedings or report the matter to the relevant law enforcement authorities.

(3)   Rights These rights are in addition to any other rights we may be entitled to at law.

6.         Privacy and data protection

6.1  Personal information  We will treat your personal information, including your credit card details         according to our Privacy Policy.

6.2 Consent You consent to our use of your personal information as set out in our Privacy Policy. You will also be responsible for any information you give to us about your friend.

7          Our online dating website

            7.1 Our rights  We may at any time for any reason:

(a) suspend suspend  your use of our website;

(b) cancel cancel any or all our services to you after giving you reasonable notice;

(c) modify modify your membership account;

(d) hide hide your profile from other members; and

(e) block block access to all or any part of our website.

8.         Ending   

8.1 Ending by us  We may end your membership for any reason at any time by sending an  email to     your designated email account telling you this. You will not be entitled to a refund if you have breached         these terms.

8.2 Ending by you You may end your membership by following the ‘end account' procedure in your membership account settings.

8.3 On ending  On ending your membership:

(a) access we may deny you access or delete your membership account and any    content you have uploaded, posted, stored or made available on our website; and

(b) account content your profile will not be viewable by other users of our website within 48 hours.

8.4 Use The terms of this agreement continue to remain in effect until you stop using our website or end your membership, whichever is the later.

8.5 Rights  Ending will be without prejudice to our rights that arose before it ended.

9.         Disclaimers and limitation of liability

            9.1 No responsibility  We are not responsible or liable in any manner for:

(a) another member's content  the accuracy, appropriateness, completeness of another member's content, including content in breach of clause 5.4 (Code of conduct), that you may be exposed to while         using our website;

(b) another member's conduct another member's online or offline conduct;

(c) your content the deletion and removal of your content;

(d) errors any errors that may be in our website content;

(e) access to website any delay, suspension or cancellation of our services to you; and

(f) error-free your content, our website being error-free, defect-free or free from external intruders (hackers), virus or worm attacks, denial of service attacks, and persons having unauthorised access to our website or systems.

 9.2 No advice or endorsement

Any information provided on our website is for information only and is not intended, and should not be taken or relied on, as advice. Unless expressly stated by us, we do not recommend or endorse any views, opinions, advice, recommendations on our website.

9.3 Limitation of liability 

(1) Maximum Our maximum aggregate liability to you whether in contract, tort (including negligence) or under statute is limited to the amount you have paid us in the 12 months before the liability arose;

(2) Consequential loss Our liability to you will not include any indirect, incidental, special or consequential damages, including loss of revenue, profits, anticipated profits, savings or data. It doesn't matter whether the loss was foreseeable, arose from negligence and even if warning was given of its possibility.

(3) Exclusions Any representation, warranty, condition or undertaking that would be implied in this agreement by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent allowed by law.

10.        Indemnity

10.1  Indemnity  You indemnify us and hold us harmless from any claims, losses, liabilities, damages,     costs and expenses of any kind arising out of and in connection with:

(a) breach your breach of this agreement;

(b) your content the content you upload, post, transmit, share, store or make available on our website (including the personal information you give out about yourself or anyone else);

(c) your conduct your conduct in connection with our website and any offline activities related to our website;

(d) negligent, unlawful or wilful act or omission your negligent, unlawful or wilful act or omission; and

(e) personal injury and property damage any personal injury, death or damage to tangible property caused or contributed to by you.

10.2 Defending the claim If someone makes a claim against us, you must cooperate with us as we reasonably require. We have exclusive control in the defence or settlement of the claim; however, you will remain liable for the claim.

11.       Complaints and disputes

11.1 Safe use Your safety is important to us. We encourage you to read our guide to safe interaction on our website because we are not responsible for other users' online or offline conduct or content on our website.

11.2 Temporarily removing your profile You are not able to temporarily remove your profile.

11.3 Disputes between users We may, but are not obligated to, monitor any dispute between you and another user.

11.4 Blocking You may wish to use the ‘blocking' function in your account settings to deny other members from viewing your profile or contacting you.

11.5 Contact us If you would like to make a complaint about any other user, you can contact us on.

12.        Offline activities

If we conduct, promote, advertise, or sponsor any offline activities, including functions, events, offers, products, services, competitions, they may be subject to additional terms and conditions.

13.         3rd party websites and advertising

13.1 3rd party websites Our website may contain links to 3rd party websites, advertising and content from 3rd parties.

13.2 No monitoring We do not monitor or check those 3rd party websites for accuracy, appropriateness, or completeness.

13.3 No responsibility We are not responsible for any 3rd party websites that you access through our website or any 3rd party advertising or content posted on our website. They are not bound by our terms and policies.

13.4 No endorsement Including or linking 3rd party advertisements or allowing them to be displayed on our website does not imply that we endorse or recommend the advertiser, its products or its services.

14.        General

14.1 Severability  Each clause of this agreement is severable. If anything becomes illegal, unenforceable, or invalid in any jurisdiction, it is to be treated as severed in that jurisdiction only. The rest of this agreement will not be affected.

14.2 Waiver If we have a right arising from your failure and we delay or do not exercise that right, that delay is not a waiver of any rights.

14.3 Survival Clauses 4.2(2), 5.4(3), 6, 8.5, 9, 10 and 14 survive the end of this agreement and any other terms which by their nature are intended to survive.

14.4 Assignment We may assign our rights or obligations by telling you. You may only assign your rights or obligations under this agreement with our consent.

14.5 Governing Law and Jurisdiction The law of New South Wales, Australia governs this agreement. The parties submit to the non-exclusive jurisdiction of its courts.

15.        Interpretation

15.1 In this agreement, unless the contrary intention appears:

(1) a reference to a document includes any change or replacement of it;

(2) the words include, including, for example or such as when introducing an example, do not limit the meaning of the words to which the example relates to the example or to examples of a similar kind; and

(3) a provision of this agreement must not be construed to our disadvantage merely because we were responsible for preparing it.