This AGREEMENT is between:
DateMyFriend Pty Ltd incorporated in Australia, ACN 610 459 348 of Point Lonsdale, Victoria 3225, Australia
You, the Customer using the Service (“You”)
1. Accepting the Terms of this Agreement
1.1 You accept this Agreement by using one or more of the Services.
1.2 If you do not accept the terms of this Agreement, you must not use any of the Services.
2.1 DateMyFriend Pty Ltd supplies some telecommunications services to the public.
2.2 You may elect to receive the benefit of the services supplied by DateMyFriend Pty Ltd in various ways, depending on the type of service offered.
2.2 This standard form of agreement (“Agreement”) specifies the terms on which DateMyFriend Pty Ltd will supply, and You will acquire, any phone services from DateMyFriend Pty Ltd.
3. How to Read This Agreement
3.1 In this Agreement, a word that starts with a capital letter is a defined term, and has a special meaning that is specified in clause 4, “Definitions”.
3.2 In this Agreement, the following rules of interpretation apply (unless the context in which they are used requires otherwise):
(a) headings are for convenience only, and do not affect the meaning of any clause;
(b) the singular form of a word includes the plural form of that word and vice versa (e.g. “Service” includes all Services);
(c) any reference to a gender includes all genders (e.g. “he” includes “she”);
(d) a reference to a clause is to a clause of this Agreement;
(e) the word “including” may be used in this Agreement to give specific examples of how this Agreement must be interpreted. However, such examples are not intended to be comprehensive, and the word “including” will not limit the general meaning of any clause in which it is used;
(f) a reference to any party to this Agreement or any other agreement or document includes the party's successors and permitted assigns (e.g. a reference to “You” includes any person to whom You transfer your rights or obligations under this Agreement);
(g) a reference to any agreement or document (including this Agreement) includes any changes validly made to that agreement or document from time to time;
(h) a reference to any legislation or to any provision of any legislation includes any changes validly made to that legislation from time to time; and
(i) all references are in $AUD, the Australian dollar.
4.1 In this Agreement:
(a) The customer has the meaning given in clause 6;
(b) GST has the same meaning as defined in the Goods and Services Tax Act 1999. as amended or replaced from time to time.
(c) Messaging Service means text messages sent between a User and a Customer, using a messaging number or service supplied by or on behalf of DateMyFriend Pty Ltd;
(d) Non-excludable Condition has the meaning given in clause 12.1;
(e) Service means any text Messaging Service or phone call using a number or service supplied by or on behalf of DateMyFriend Pty Ltd. The supply of a Service to You will start and end at the times specified in clause 7.2;
(f) Standard Pricing Policy means the standard pricing policy found at DateMyFriend’s website; and
5. User means a person who makes use of any Service, including without limitation any person who initiates a charge call or leaves a message using the Messaging Service, or who is a Customer.
5.1 Any person making any use of the Services or part of them for any reason is a “User” for the purposes of clause 4.1(h).
5.2 To avoid confusion, examples of the use of the Service include initiating or receiving a call using the Service, Voice Messaging Service, or recording or listening to a message.
6.1 If, in the course of Your use of the Services, You agree to pay DateMyFriend Pty Ltd for that use, you are a “Customer”. All Customers are also Users.
7. Provision Of The Services
7.1 DateMyFriend Pty Ltd will supply the Services to You, and You agree to acquire and use the Services, in accordance with this Agreement.
7.2 The supply of a Service to You is deemed to:
(a) start at the moment You make any use of the Service; and
(b) ends at the moment:
(i) You, or
(ii) the Customer who has agreed to be charged for Your use of the Service, are billed for Your use of the Service in accordance with clause 10; or
(c) if there is no associated charge for the Service You use, when You finish using the Service and DateMyFriend Pty Ltd has otherwise completed the delivery of the Service.
7.3 From time to time, DateMyFriend Pty Ltd may run promotions in connection with the Services. Those promotions may have terms and conditions which will be made available to you at the time. Such terms and conditions will be in addition to the terms and conditions of this Agreement.
7.4 While DateMyFriend Pty Ltd will use care and skill in supplying the Service to You, DateMyFriend Pty Ltd does not guarantee that the Services will be supplied continuously or without fault.
7.5 In addition to any other right DateMyFriend Pty Ltd has under a clause of this Agreement, You acknowledge that DateMyFriend Pty Ltd may temporarily or permanently stop supplying all or any part of the Services to You if:
(a) You, or any Customer who is obliged to pay for use of the Service by You, fail to pay any amount owed to DateMyFriend Pty Ltd;
(b) DateMyFriend Pty Ltd is required to do so by law, or is directed to do so by an agency with appropriate authority (such as the Police or emergency services); or
(c) DateMyFriend Pty Ltd chooses to do so as an alternative to exercising a right to terminate this Agreement.
7.6 DateMyFriend Pty Ltd may in its absolute discretion accept any call request and attempt to connect a call.
8. Use Of The Service By Persons Is Restricted To Users 18 Years And Over
9. Your Responsible Use Of The Services
9.1 Some of the Services are provided only so that they can be used for a specific purpose. For example, the Reverse Charge Service may only be used to make reverse charge telephone calls between a User and a Customer.
9.2 You must not misuse the Service. The following are examples of misuse of the Service:
(a) doing anything to the Services that cause any disruption to the ability of another User to use the Service;
(b) doing anything with the Service that disrupts or causes distress to any other person or User; and
(c) using any Service to break any law, or commit any offence or allow any other person to do so.
9.3 You agree that You will indemnify DateMyFriend Pty Ltd against all costs, losses, damages, liabilities and expenses (including all legal fees) incurred by DateMyFriend Pty Ltd that arise in connection with any misuse of the Service by You.
9.4 You agree that DateMyFriend Pty Ltd may:
(a) monitor Your use of the Service to ensure that You are not misusing the Service; and
(b) terminate this Agreement, or stop supplying the Services to You or any User associated with You, if DateMyFriend Pty Ltd reasonably suspects that You are, or any User associated with You is, misusing the Services.
10. Billing And Payment
10.1 This clause 10 only applies to Customers.
(a) Services are paid by DateMyFriend Pty Ltd tokens. Each DateMyFriend token costs You 25c. Calls are charged at 1 token to connect and 1 token for every 30 secs rounded up to the next 30-sec increment. Minimum call charge is 3 tokens.
(b) Text messages are charged at 1 token for 2 sms messages.
(c) The charge for a DateMyFriend Pty Ltd service text message is charged on characters (max 160 per SMS). The use of icons (such as emoji’s) through text message is not available to you.
(d) Tokens are not required to accept a Safe Number phone call initiated by another user however purchased tokens are required to respond to any text message received.
10.3 Tokens will be valid for 6 months from the date of purchase, after which time they will automatically expire.
10.4 If You are a Customer, you must purchase tokens from DateMyFriend Pty Ltd through Paypal or DateMyFriend’s accepted credit/debit cards, after which those tokens can then be used for any Service, in accordance with the pricing in clause 10.2(a).
10.5 The amount DateMyFriend Pty Ltd charges You for Your use of the Services will include all taxes and government impositions DateMyFriend Pty Ltd is obliged to collect from You, including GST. You agree that if any new taxes or government impositions are introduced, You must pay those new taxes, and DateMyFriend Pty Ltd is entitled to increase the amount You are charged accordingly.
10.6 The services operated by Safe Number are not subscription services and you will only be billed for the calls and charges you accept on a call by call basis.
11. When Does this Agreement Start And Finish?
11.1 Unless another clause of this Agreement allows either You or DateMyFriend Pty Ltd to terminate this Agreement earlier, this Agreement:
(a) starts as soon as You make any use of the Services; and
(b) finishes once either:
(i) You, or the Customer who is charged for Your use of the Service, have paid all amounts charged for Your use of the Service; or
(ii) if there is no charge for the Service (or part of it), when you finish the relevant use of it.
11.2 Clauses 9 , 12 and 14 of this Agreement survive termination of this Agreement for any reason
11.3 To avoid confusion, each time You use the Service you create a separate agreement with DateMyFriend Pty Ltd.
12. Our Liability To You
12.1 Certain legislation, including the Trade Practices Act 1973, may imply rights in Your favour into this Agreement, and in some circumstances those rights cannot be excluded from any agreement. These rights are called “Non-excludable Conditions”. Nothing in this clause 12 excludes any Non-excludable Conditions.
12.2 DateMyFriend Pty Ltd is not liable to You for any loss that You suffer, to the extent that such loss is caused by:
(a) Your negligence or breach of this Agreement; or
(b) the omission, negligence or actions of anyone other than DateMyFriend Pty Ltd, including any other User.
12.3 You agree that DateMyFriend Pty Ltd will not be liable to You under any circumstances (unless any Non-excludable Conditions apply) for any of the following types of losses which arise in connection with this Agreement:
(a) lost profit;
(b) lost revenue;
(c) lost savings; and
(d) consequential or indirect loss, and You confirm that DateMyFriend Pty Ltd will not be liable to You for these types of losses even in situations where DateMyFriend Pty Ltd knew that You could suffer that loss, or DateMyFriend Pty Ltd could have assumed that You could suffer that loss.
12.4 Unless any law (including the Trade Practices Act 1973) will not allow DateMyFriend Pty Ltd to limit its liability to You, You agree that if DateMyFriend Pty Ltd has any liability to You for any reason in connection with this Agreement (including liability under the laws of contract, tort (including negligence) or under any statute, that liability is limited to:
(a) DateMyFriend Pty Ltd supplying the Services which gave rise to the liability to You again; or
(b) paying to You the cost of having the Services which gave rise to the liability supplied to You again.
13. Changes To This Agreement
13.1 DateMyFriend Pty Ltd may change any term of this Agreement, provided that:
a) You consent to the change; or
b) DateMyFriend Pty Ltd complies with this clause.
13.2 DateMyFriend Pty Ltd may change any term of this Agreement at any time if the change is required to comply with a valid law or government requirement.
13.3 DateMyFriend Pty Ltd may change any term of this Agreement at any time and without giving notice to You, if DateMyFriend Pty Ltd reasonably considers that the change will have no detrimental effect on You.
13.4 Unless you exercise your right to terminate in clause 13.5, DateMyFriend Pty Ltd may change any term of this Agreement that will have a detrimental effect on You, provided that You are given notice of the change 21 days before the date on which the change takes effect.
13.5 You are deemed to have consented to the change if you do not notify DateMyFriend Pty Ltd otherwise in writing.
13.6 If we give you notice of a change to this Agreement, You may terminate this Agreement at any time by contacting us within 42 days of the date on which we notified You of the change.
14.1 This Agreement is governed by the laws of Australia. Any dispute between the parties will be heard in accordance with the rules of the Supreme Court of Australia. If any provision of this Agreement is held to be invalid, illegal or unenforceable, this Agreement will continue otherwise in full force and effect apart from that provision, which will be taken to be deleted.
14.2 No party may assign any right under this Agreement without the prior written consent of the other party.