DateMyFriend | DateMyFriend Terms Of Use
DateMyFriend Terms Of Use
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1.    Introduction

1.1    These Terms of Use (Terms) govern your use of DateMyFriend’s online dating platform (Services), provided via our website at www.datemyfriend.com.au (Website) and mobile application (Application). These Terms form a binding contractual agreement between you, the user of the Service and us, DateMyFriend Pty Ltd (ABN 69 472 671 817) (DateMyFriend, we, us, or our). For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Service. You can contact us at info@datemyfriend.com.au


1.2    If you do not agree to the Terms, please do not use the Service.

 

 

2.    Privacy

2.1    All personal information provided to us will be handled in according with our Privacy PolicyBy using the Service you also agree to the terms of our Privacy Policy, which governs how we collect, use, share and store your personal information.

 

 

3.    Amendments

3.1    We may change the Terms at any time, at which time an amended version will be placed on the Website and Application. You are responsible for ensuring that you regularly review the Terms. Your continued use of the Services after the Terms are amended will constitute your acceptance of those amendments. If you object to any amendments, you can reject those changes by: ceasing to use the Services and/or terminating your Member Account in accordance with these Terms.

 

 

4.    Nature of service

4.1    The Service includes features and functions that help singles to find suitable matches through the help of their friends and family. For full details of the Service please refer to our FAQ’s.

 

 

5.    Eligibility

5.1    You are only eligible to use the Service if you are eighteen (18) years of age or older. Any registration, use or access to the Service by any person under eighteen (18) years is unauthorised, unlicensed, and in breach of these Terms.
 

5.2    The Service is for the personal use of individual members and their friends and family. Businesses, groups, organisations and companies are prohibited from registering as members.

 

 

6.    Member Account

6.1    In order to use the Service, you must register with DateMyFriend by creating a personal profile (Member Profile). Creating a Member Profile gives you limited access to the Service at no cost (Member Account). A Member Account allows you to:

(a)    create and maintain a Member Profile;

(b)    search and browse other singles;

(c)    receive recommendations from friends and family;

(d)    send and receive vetoes when using the Application;

and any other features and functions of the Service that DateMyFriend may establish and maintain from time to time at its sole and absolute discretion.


6.2    You are solely responsible for the activity that occurs on your Member Account, and you must keep your Member Account password secure.
 

6.3    If you become aware that a user of the Service is not authorised to use the Service or is otherwise in breach of these Terms, you must contact us with details of the relevant user.
 

6.4    You agree that you will not include personally identifiable information in your Member Profile such as telephone number, street address, last name, email address or any other identifying information.
 

 

7.    Subscriptions (to be introduced at a later date once our community has grown)

7.1    If you have a Member Account, for a fee you may subscribe to gain access to additional features and functions of the Service (Subscription). A Subscription allows you to:

(a)    access all of the Member Account features and functions;

(b)    add another single to your “favourites” page to show them you’re interested;

(c)    add another single to your “looks interesting” folder to revisit later

(d)    receive and send email messages;

(e)    participate in live chat, and any other features and functions of the Service that Date My Friend may establish and maintain from time to time at its sole and absolute discretion.

 

7.2    Subscriptions through the Website can be cancelled at any time through your Member Account or by emailing us at info@datemyfriend.com.au.

 

7.3    Subscriptions through the Application can be cancelled at any time through the Application service provider (such as Google Play or iTunes). Such cancellations are subject to the terms and conditions of the Application service provider.

 

8.    Costs

8.1    There is no cost for creating and using a Member Account.

 

8.2    Further details and additional terms and conditions regarding Subscriptions will be available on the Website and Application. Any such terms and conditions will form part of these Terms.

 

8.3    DateMyFriend does not provide price protection or refunds in the event of a price reduction or promotional offering for Subscriptions. DateMyFriend will review requests for refunds at its sole discretion.

 

8.4    Subscription payments may be transacted through secure external third-party sites, such as Google Play and PayPal. Your use of third-party sites will be governed by the terms and conditions of those sites.

 

9.    Third party sites

9.1    The Service may contain links to other websites operated by third parties. Your access of other users’ and third parties’ content and information is at your own risk. We do not accept responsibility for, or endorse, sponsor or approve, any such user-generated content or any content available on any linked websites.

 

 

10.    Third-party advertising

10.1    The Service may, from time to time, display third-party advertising. By displaying such advertising, Date My Friend does not in any way recommend or endorse the relevant third-party advertiser, its products or its service, or represen that the content of the advertisements is true or accurate.


10.2    You agree not to use the Service for the purpose of advertising, selling, hiring products or services or for commercial activities. You agree not to use the Service for unauthorised framing or linking, nor to use the Service for any commercial solicitation purposes or unsolicited bulk messages.

 

 

11.    User Content

11.1    Where the Website and Application provide you with the ability to upload content to the Service (such content may include text, written forum comments, data, images, photographs, audio files, audio-visual files, software) (collectively, User Content), you:
 

(a)    grant DateMyFriend a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the User Content in any way (including, without limitation, by reproducing, changing, and communicating the User Content to the public) and permit DateMyFriend to authorise any other person to do the same thing;

(b)    consent to any act or omission by DateMyFriend that would otherwiseconstitute an infringement of your moral rights under the Copyright Act 1968 (Cth) (Copyright Act), and if you add any User Content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner; and

(c)    acknowledge and agree that DateMyFriend may delete, modify or otherwise exploit, in any manner contemplated by the Copyright Act, User Content submitted to or via the Service by you.
 

11.2    The licence in clause 11.1will survive any termination of these Terms.
 

11.3    In each instance when you upload User Content to or via the Service, you:

(a)    represent and warrant (and can demonstrate if requested to by DateMyFriend) to DateMyFriend that you have all right, title, interest and authority in the User Content that is necessary to grant the licences and consents set out in clauses 11.1.

(b)    represent and warrant (and can demonstrate if requested to by DateMyFriend) to DateMyFriend that you have the permission to use the name and likeness of each person whose image appears in any User Content in the mannercontemplated by these Terms;

(c)    represent and warrant to DateMyFriend that the use or exploitation of User Content by DateMyFriend and/or any other user of the Service will not infringe the rights of any third party (such rights may include, but are not limited to, intellectual property rights and rights under privacy legislation); and

(d)    agree and undertake to DateMyFriend to pay all amounts that become owing to any person (whether by way of royalty or otherwise) as a result of, or in connection with, your submission of the User Content to or via the Service.
 

11.4    We are not responsible for and accept no liability in relation to any User Content added to, or otherwise transmitted using, the Service, by any person, including liability for any loss, damage, cost or expense resulting from anyone’s reliance on such User Content. We make no representations or warranties with respect to the accuracy or completeness of any User Content added to the Service or otherwise transmitted to any other member of the Service.
 

11.5    We do not endorse any opinion, advice or statement made by any person other than us.  

 

12.    User conduct

12.1    You must not add any User Content to the Service:

a)    unless you hold all necessary rights, licences and consents to do so;

b)    that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

c)    that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, harassing, discriminatory, in breach of confidence or in breach of privacy;

d)    contains hidden content or restricted or password access pages;

e)    that would bring us, or the Service, into disrepute;

f)    contains computer codes, files or programs designed to interrupt, limit or destroy the functionality of othe  computer software or hardware;

g)    that infringes the Intellectual Property Rights (defined in clause 14.1) or other rights of any person; or

h)    that is false, misleading or deceptive in any way.
 

12.2    You must not use or launch any automated system, including without limitation, ‘robots’, ‘spiders’ and ‘offline readers’ that accesses the Service in a manner that sends more request messages to DateMyFriend’s servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
 

12.3    You agree not to collect or harvest any personally identifiable information, including account names, from the Service.

 

 

13.    Acknowledgement

13.1    You acknowledge and agree that:

a)    we retain complete editorial control over the Serviceand may alter, amend or cease the operation of the Service or any feature or function of the Service at any time in our sole discretion; and

b)    while we will use reasonable endeavours to ensure that the Website and Application will operate on a continuous basis, the Service may be interrupted and unavailable from time to time (including for maintenance purposes).

 

 

14    Intellectual Property Rights

14.1    For the purposes of these Terms, ‘Intellectual Property Rights’ means all patent rights, copyright, moral rights, rights of publicity, trade marks, goodwill, trade secret rights and other intellectual property rights as may or may not exist or may hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
 

14.2    Nothing in these Terms constitutes a transfer of any Intellectual Property Rights. You acknowledge and agree that, except where otherwise indicated, we own or licence all Intellectual Property Rights in the Website and Application and content contained therein, including without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music. Nothing in these Terms constitutes a transfer of any Intellectual Property Rights in or related to the Website, Application and/or Website/Application content to you or any third party.

 

 

15    Acknowledgement

15.1    You acknowledge that your use of the Service is at your own risk.

 


16    Indemnity

16.1    You indemnify and hold harmless DateMyFriend and its subsidiaries, agents, managers, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including legal costs) arising from:

a)     your use of the Service;

b)    a breach of these Terms or any third-party rights;

c)    a breach of any law;

d)    any claim for loss, damage, cost or expense arising by reason of the use or accessing of any content you post; and

e)    any claim for any loss, damage, cost or expense arising from any other party’s access and use of the Service with
your unique username, password or other security code.

16.2    To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business, identity theft, malfunctioning or any consequential or incidental damages.

16.3    To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

16.4    These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, you agree that DateMyFriend’s liability in respect of any claim is limited to:

a)    in the case of a major failure with Services, at your option:

i.    refunding the value of the Service; or

ii.    compensation for the difference between the Service delivered and the Service paid for;

b)    in the case of a minor problem with Services:

i.    fixing the problem with the Service and re-supplying the Service.

 


17    Term

17.1    These Terms will remain in full force and effect while you are a user of the Service.

 


18    Termination

18.1    These Terms terminate automatically if, for any reason, we cease to operate the Service.
 

18.2    We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

 

 

19    Termination, suspension and limitation of access

19.1    We reserve the right to do any and all of the following, without notice or any liability, in relation to youraccess to the Service:

a)    permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service, if youbreach any material provision of these Terms;

b)    suspend your access to the Service;

c)    deactivate your Member Account if you have not used the Service for a period of 12 or more months; and/or

d)    permanently or temporarily block your access to parts of the Website and Application.

 

 

20    Security

20.1    It is possible that other members may use the Service in violation of these Terms. We strongly recommend that you exercise caution when using the Service, particularly when communicating with other members of the Service outside of the Website and/or Application. We remind you that use of the Service is at your own risk.
 

20.2    Any content you add to the Service should be treated as non-confidential. DateMyFriend does not guarantee that unauthorised third parties will be unable to access your personal information or content that you post or that they will be unable to use your personal information and content for improper, unauthorised or unlawful purposes. You provide your personal information to us entirely at your own risk.
 

20.3    For further information about safely using the Service, we refer you to our Safety Guide.

 

 

21    General terms

21.1    If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
 

21.2    You acknowledge that these Terms and the agreements and documents they refer to constitute the entire agreement between you and us regarding your use of the Service and supersede all prior agreements with respect to the subject matter of these Terms.
 

21.3    Any failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of our right to act with respect to that breach or subsequent similar or other breaches.
 

21.4    You may not assign or delegate any rights or obligations under these Terms. We reserve the right to assig  or delegate all rights and obligations under these Terms without notice to you.
 

21.5    These Terms are governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.
 

21.6    Any complaints relating to your use of the Service should be directed to us at info@datemyfriend.com.au
 

21.7    These Terms were last revised on 21 August 2016.