Terms of Use

Terms of use

Last updated 7/04/2020

Introduction

By using this website, you are agreeing to be bound by these Terms and our Privacy Policy and Cookie Policy. These Terms prevail to the extent of any inconsistency.

We encourage you to carefully read and understand these Terms before using the website or any of our services. If you don’t agree to these Terms, you should stop using our website.

Part A: General Terms of Use

The terms in this Part apply to all users of this website, whether or not the user is a Member.

Definitions

For the purpose of these Terms:

“account” means a membership account created when a person provides the required details to create a profile;
“member” means a person who has created an Account;
“membership” means a membership purchased by a Member;
“we”, “us” and “our” means (ABN 9663325564);
“you” and “your” means you as a user of this website or as a Member.

Updates

We may update these Terms from time to time. Any updated version will be made available on our website and the updated terms will apply from the date they are made available.

If you have an Account, you may also receive an email notification, or a notification within your Account when we release updated Terms.

Purpose of this website

This website is for the purpose of enabling parents and individuals to find potential suitable marriage partners for themselves or for another adult who has freely consented to the use of this website and who are legally able to enter into marriage. This website may not be used to carry out arranged or forced marriages.

Personal safety

We strongly advise you to use extreme caution when sharing personal information with other users. We recommend you carefully read and consider our page on keeping safe. [#Insert link].

If you are concerned for your personal safety at any time, we strongly recommend that you immediately contact police or a trusted person for assistance.

Prohibited use

You may not use, or attempt to use, this website:

in any manner that is intended or reasonably likely to:
damage, disable, overburden, or impair the operation this website;
interfere with any other person’s use and enjoyment of this website;
amount to unauthorised access to areas of this website that are not intentionally made available to you; or
for any purpose that is unlawful or that is prohibited by these Terms.

Intellectual Property

We retain ownership of and reserve all intellectual property rights in respect of this website and its content, except for intellectual property rights subsisting in third party content that is licensed to us.

Your use of this website will not constitutean assignment or transfer of ownership in any intellectual property rights.

To the extent that you post any content to this website, you:

represent and warrant to us that you are the owner or authorised user of any intellectual property rights subsisting in such content and have the right to license or authorise the use of such content by a third party;
represent and warrant to us that such content and its use as contemplated by these Terms does not infringe the intellectual property rights (including moral rights) of any third party; and
grant to us a non-exclusive, royalty-free licence to use, reproduce, modify and redistribute such content for the purpose of operating and providing services to Members via this website.

Disclaimers

Consumer law protections

Your use of this website may be protected by consumer protection laws including the Australian Consumer Law.

These Terms are subject to any rights you may have under the Australian Consumer Law or other consumer protection laws and any rights you have under these Terms are in addition to your rights under the Australian Consumer Law or other consumer protection laws.

As-Is and As Available

To the maximum extent permitted by law, you agree that this website is provided on an ‘as-is’ and ‘as available’ basis and that we do not represent or warrant that this website or its content will be:

free from errors, defects or inaccuracies;
fit for any particular purpose or intended use;
continuously accessible and that such access will be uninterrupted; or
compatible with any device, operating system, browser or software.

To the maximum extent permitted by law, we do not represent or warrant that any data or information you submit to this website will be retained. We recommend that you retain a backup copy of any data you wish to preserve.

Website Content

To the maximum extent permitted by law, you agree that we will not be responsible for any content on this website that is posted by a third party, including a Member.

We reserve the right to modify the content of this website, or temporarily suspend or limit access to any part of this website, at any time at our discretion, including for the purpose of:

correction of errors, defects or inaccuracies;
enhancement, modification or deprecation of website features or functionality; or
conducting maintenance, testing or for security purposes; or
complying with any law, regulation or order that applies to us.

Links to third-party websites

This website may contain links to other websites (“Linked Sites”).

You acknowledge that:

such Linked Sites are not under our control and we are not responsible for the contents of a Linked Site;
we are not responsible for any form of transmission received from any Linked Site or for any transaction you enter in connection with a Linked Site; and
links to Linked Sites are provided to you only as a convenience, and by providing any link to a Linked Site, we do not represent that we endorse or approve such Linked Sites or its operators, or that we are in any way associated, affiliated with or sponsored, endorsed or approved by the Linked Side or its operators.

You should exercise your own judgment based upon your own personal circumstances before purchasing third party products or services.

Liability

To the maximum extent permitted by law, we disclaim any liability to you for any loss, including consequential loss, arising from your use of this website howsoever caused.

If our liability cannot be lawfully excluded, to the extent permitted by law, our liability for breach of any statutory guarantee will be limited:

in the case of services – to the supply of replacement services, payment of the cost of the relevant services or of obtaining equivalent services; or
in the case of goods – to the repair, or replacement of such goods, payment of the cost of repairing or replacement of such goods, or payment of the cost of obtaining equivalent goods.

Indemnity

You agree to at all times indemnify us and our affiliates, suppliers and their respective officers, employees, contractors and agents ("those indemnified") from and against any direct or consequential loss, costs, expenses (including reasonable legal fees), claims, damages, settlement, penalties, fines or other liability incurred or suffered by any of those indemnified which may arise out of:

any content you post via this website;
your unauthorised use of this website, or products or services included or advertised on this website; or
your breach of these Terms.

General Terms

Applicable law

This agreement is governed by the laws of Queensland, Australia. Each party consents to the non-exclusive jurisdiction and venue of courts having jurisdictionin the State of Queensland, in respect of any disputes arising out of or relating to these Terms or the use of this website.

Notices

You may provide notice to us through the Contact Us page or otherwise by email sent to: [email protected].

We may provide notice to you via email or other electronic means. If you have an Account, we may provide notice to you by email notification or displaying a notification within your Account. You should ensure that you maintain up to date contact information in your Account.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of this website.

Compliance with laws

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website, or with regard to information provided to or gathered by us with respect to your use.

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

Entire agreement

These terms and conditions together with our Privacy Policy and Cookie Policy form the entire agreement between you and us in respect of your use of this website.

Part B: Membership Terms

The terms in this Part apply to all users who are or become Members. By becoming a Member or continuing your Membership, you agree to abide with and be bound by the terms in this Part.

Membership required

To create an Account, you must become a Member and purchase a Membership. The fee for Membership will be displayed to you when purchasing a Membership.

You must be an individual to become a Member. We do not accept Membership in joint names [two parents could purchase a membership for the same child], or by companies or other legal entities.

To the maximum extent permitted by law, we reserve the right to refuse to grant a Membership to any person, without providing reasons for such decision. If we refuse to grant a Membership, any Membership fee paid will be refunded.

Your Responsibilities

In becoming a Member, you represent and warrant to us that:

you have never been convicted of a crime within Australia or in any other place;
you are not required to register as a sex offender with any government entity whether within Australia or in any other place;
you are over the age of 18 and have legal capacity to enter into and be bound by these Terms; and
to the best of your knowledge, the information provided by you in your Account is true and correct and is not false, misleading or deceptive.

You agree that:

you will use any personal information you obtain through the use of this website or your Account in a lawful and responsible manner;
you will not use personal information about other Members for any reason without the express prior consent of that Member; and
you will not attempt to use this website or your Account for any unlawful purpose or any purpose that is contrary to our Acceptable Use Guidelines, including unlawful stalking, harassment, intimidation or bullying;

Membership on your own behalf

If you are becoming a Member on your own behalf, you represent and warrant to us that:

you have legal capacity to lawfully enter into marriage in Australia; and
you will not attempt to use this website or your Account to subject any person to forced marriage, arranged marriage, or to any form of marriage that is unlawful in Australia.

Membership on behalf of a third party

If you are becoming a Member on behalf of your child or another third party, you represent and warrant to us that:

that individual is over the age of 18 and has legal capacity to enter into marriage in Australia;
you have obtained the freely given consent of that individual to:
become a Member on their behalf; and
provide that individual’s personal information to us; and
you will not attempt to use this website or your Account to subject any person to forced marriage, arranged marriage, or to any form of marriage that is unlawful in Australia.

Acceptable Use Guidelines

From time to time we may publish or update Acceptable Use Guidelines for the use of your Account.

We will notify you of the publication of or update to Acceptable Use Guidelines by sending you an email notification or displaying a notification within your Account.

By continuing to use your Account, you agree to abide by such Acceptable Use Guidelines.

Use and security of your Account

You are solely responsible for the use of your Account and your communications with other Members.

For security reasons, you should ensure that you:

keep your username and password secure;
do not provide your username or password to any person;
do not allow any other person to use your Account; and
notify us and change your password immediately if you become aware that your Account or password may have been compromised, or if you become aware of unauthorised access to your Account.

Background checks

We do not routinely conduct criminal background checks on or screenings of Members. We also do not routinely inquire into the background of users or attempt to verify the information supplied by Members.

However, we reserve the right to:

conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records; and
require that you provide reasonable verification of any information provided to us in connection with your Account.

You consent to us conducting such searches or checks as we consider appropriate.

Duration of Membership and renewals

Your Membership is on an annual basis, for 1 calendar year commencing on the date that you purchase Membership (“Membership Period”).

Unless otherwise terminated in accordance with these Terms, your Membership will automatically renew for a further Membership Period at the price prevailing at the date of renewal.

You agree to maintain current, complete and accurate information for your billing account.

Termination

How you may cancel your Membership

You may cancel your Membership at any time via your Account, or by notifying us in writing.

Termination of your Membership will take effect at the end of the current Membership Period.

If you cancel your Membership, you may continue to have access to your Account until the expiry of the current Membership Period.

How we may terminate your Membership

We may immediately terminate or suspend your Membership without notice for any of the following reasons:

you are in breach of these Terms, including in relation to any representation or warranty provided by you;
any payment owing by you remains outstanding beyond the payment terms stated on the relevant invoice;
any information provided by you is found to be untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete;
you use your Account for any unlawful purpose or for any purpose contrary to our Acceptable Use Guidelines, including unlawful stalking, harassment, intimidation or bullying; or
you are convicted of a crime or are required to be registered as a sex offender in Australia or in any jurisdiction.

Refund Policy

To the maximum extent permitted by law, Membership fees are not refundable if you choose to terminate your Membership, or if we terminate your Membership pursuant to these Terms.

We do not provide credit, refunds or prorated billing for Memberships.

However, you may be entitled to a refund or credit for your Membership fees pursuant to your consumer protection law rights.

Retention of Data

Upon termination of your Membership, we reserve the right to delete all data stored within or associated with your Account. We recommend that you obtain a copy of any data you wish to retain prior to termination of your Membership.

Monitoring and Complaints

We reserve the right to monitor your use of this website and communications between you and other Members to ensure that they comply with these Terms.

To the maximum extent permitted by law, we expressly disclaim any responsibility or liability for any transactions or interactions between the Members.

We encourage Members to resolve any dispute between themselves where possible and appropriate in the circumstances.

If you have a complaint about the conduct of a Member, you should notify us in writing as soon as possible and provide details of the incident.

You agree that, to the maximum extent permitted by law, we will not be obliged to:

investigate any particular complaint against a Member; or
advise a complaining Member of the outcome of their complaint or any action taken by us.

Upon receiving a complaint, we will take steps as we consider appropriate to investigate and resolve the complaint. This may include:

communicating with the relevant Members and requesting that the Members remedy any inappropriate conduct;
reporting the complaint to police or any government entity and cooperating with any subsequent investigations, where such action is required by law, or where we consider such action to be appropriate in the circumstances.

If we determine that a Member has acted in breach of these Terms, unlawfully or contrary to any Acceptable Use Guidelines, we may take steps to suspend or terminate their Membership in accordan