These terms and conditions (the “Terms”) set out the terms and conditions on which you are permitted to view and use the Website. Please read these terms and conditions carefully. If you do not agree to the Terms, then please cease viewing and using the Website immediately. Continued viewing and use of the Website by you means that you are agreeing to viewing and use of the Website in accordance with these Terms.
We may change these Terms at any time without notice. You are responsible for regularly checking these Terms and your compliance with them. Your continued viewing and use of the Website following any such changes will be deemed to constitute your acceptance of the new and amended Terms. If you object to the new and amended Terms you must immediately cease viewing and using the Website.
You may register on the Website to become a “Member” and use the dating services that we offer thereon (the “Service”). “Membership” shall have the corresponding meaning to “Member”. You must be eighteen (18) or over to register or view or use the Website. Membership of the Service is invalid where it has been prohibited, discontinued or terminated in accordance with these Terms. By registering as a Member you represent and warrant that you are over eighteen (18) and have the right, authority, and capacity to enter into an agreement with us on the Terms and to abide by all of the Terms.
2.Registration and Subscription
We reserve the right to charge for Membership and the provision of the Service. Our services are currently completely free however, we reserve the right to charge for membership and the provision of the Service at a later date. In the event of the addition of paid and free membership options all of our members will be duly notified in advance and given the choice of whether or not to stay as a free member or subscribe as a Royal member.
No credit card details will be taken until this change takes effect and our members will have to opt-in to the service.
3.Termination and Suspension You may terminate your Membership by providing written notice by email or post to us as directed below. If you do not receive a written confirmation email of your cancellation from us, then it is likely that we have not received your termination correspondence and your Membership will continue and we suggest you re-send it. Once we receive your cancellation notice we will send you a confirmation email advising you we have received your request to cancel your Membership. This Agreement will remain in full force and effect while you are a Member of the Service and certain provisions will continue to have effect despite termination.
Your Membership will remain active until the end of the period for which you are paid up, unless you request otherwise. No refunds will be given for any periods for which you are paid up. Unless you indicate otherwise, your profile will remain on the Website however, once your Membership expires your account will be downgraded from “Royal” to “Citizen” status.
Upon any breach of the Terms, to be determined in to our satisfaction, and acting reasonably given our position as the administrator of a dating website and service, we reserve the right to, without limitation, do any or all of the following in relation to your Membership:
immediately suspend your Membership;
immediately suspend your use of the Service;
refuse any monthly renewal of your Membership;
permanently or temporarily block or hide all or part of your Member profile;
modify your Member profile;
terminate your Membership, in which case we will provide notice for such termination with reasons to you by email;
permanently or temporarily block your access to all or part of the Website, Service or to the profiles of other Members
4. Service & Features The Service enables you to contact other Members. The Service and Website does not guarantee any successful matches with other Members on your behalf.
As a Member, you have the ability to access the non-public access features of the Website that may become available from time to time.
Unless expressly stated otherwise, all prices for Membership or for anything else that may be purchased from the Website will be stated in and paid for in Australian dollars. Prices quoted shall be inclusive of GST.
While we use reasonable endeavours to ensure that is the Website and Service is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the Website and the Service may be suspended without notice in the case of system failure, overload, maintenance or repair or any reason beyond our control.
We reserve the right to change or discontinue any service or feature of the Website or Service in whole or in part any time and without prior notice.
You are not permitted to transfer your Membership and access to the Services to any other person.
You are responsible for maintaining the confidentiality and security of your Membership information including your username and password. You are wholly responsible for all activities that occur under your username and password. You agree to immediately notify us of any unauthorised use of your username or password. You must ensure that you exit/logout from the member-only area of the Website at the end of each session.
We may at any time request a form of identification to verify your identity and/or your compliance with the Terms.
6. Billing Information Once our membership base reaches 500 we will be initiating paid and free memberships. Our members will be able to opt-in for this new paid service. We will be using a recurring billing system. We will have a 14 day free trial membership period. By providing us with your credit card details following the initial 14 day free membership period, you agree to pay the Membership Fees at the beginning of each month until such time as you cancel your Membership, or your Membership is terminated in accordance with these Terms. If you fail to pay the monthly Membership Fee as prescribed in this clause, we reserve the right to terminate or suspend your Membership.
Current Billing Information Required. You must provide current, complete and accurate information for your billing account . You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your user name or password. Changes to such information can be made on the Website. If you fail to provide us any of the foregoing information, you agree that we may continue charging you for any use of the Service under your billing account unless you have terminated your Membership in writing by email or post.
7. Proprietary Rights in Content on the Website. We and our licensors are the owners of the intellectual property rights contained in the Website and the Service. You may not copy, modify, publish, transmit, distribute, perform, reproduce, license, create derivative works from, transfer display, or sell or re-sell any works, trademarks or other matter in which such intellectual property rights subsist.
8. Content Posted on the Site and Prohibited Content. The information (including text and photographs) that you supply for public display on the Website must be accurate and current. You hereby grant to us a non-exclusive right and licence to display and have viewed on the Website by those who view the Website, other Members, and users of the Service any material that you post on the Website. We will have no responsibility or liability for any unauthorised use, unattributed use, or derogatory use of any such material by anyone who uses the Website, any other Member or user of the Service. However, where you provide information to us in relation to such unauthorised use we may investigate it and take whatever action we feel necessary (including taking no action).
The following is a non-exhaustive list of the kind of Content that is illegal and/or prohibited on the Website. We reserve the right to amend this list at any time and in our sole discretion and to investigate and take appropriate action against anyone who posts such Content on the Website or uses the Website or Service to disseminate and communicate such Content to the public, including without limitation: instigating legal proceedings, including without limitation, for breach of contract and these Terms); and removing the offending communication or material from the Website and Service; and terminating the Membership and blocking access to the Website and Service of anyone who breaches this provision. “Content” includes, without limitation, which:
is offensive, including content that promotes discrimination as to race, creed, religion, age, disabilities, sexuality and sexual preferences, bigotry, hatred or physical harm;
contains a profile, image, picture, caricature or photographs of any person used without their permission;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
contains information which is false, misleading or promotes illegal activities or promotes conduct, or that is abusive, threatening, obscene, defamatory or libellous;
promotes an illegal or unauthorised use or exploitation of another person's work that is protected by intellectual property rights or confidentiality, including computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or “password-only” access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people, including and in particular exploits people under the age of 18 years, including, without limitation, in a non-consenual and/or unlawful sexual or violent manner, or solicits personal information from anyone under 18 years, or material that seeks to or is intened to be used in the “grooming” of anyone under the age of 18 years ;
provides instructional information about illegal activities such as: illicit drug use; use of prohibited substances; substance abuse; making or buying illegal weapons; violating someone's privacy;terrorist activities; anti-social behaviour; computer hacking, and cyber crimes; including phishing, providing, disseminating or creating computer viruses, logic bombs, trojans, worms or other malicious code;
solicits usernames, passwords or personal information for commercial or unlawful purposes from other Members or from the Website and any underlying database in which Member’s personal information, credit card information, usernames and passwords are contained; and
engages in commercial activities and/or sales to other Members or users of the Website, such as, contests, sweepstakes, barter, advertising, and pyramid schemes;
advertises or solicits attendance at parties, networking event (social, non-commercial or commercial), venues and/or social meeting places.
Futhermore, we will specifically reject any Member profile and/or photographs based on the following guidelines:
that contains “Content” as defined above;
that uses languages other than English;
from individuals that are incarcerated, imprisoned or on parole;
Sexually explicit photographs;
and all photographs posted by Members of users of the Service will be subject to our approval and it is at our absolute discretion as to whether we permit such photographs to be displayed on the Website, viewed by other users and Members and used as part of the Service.
You must use the Service in a manner consistent with any and all applicable laws, regulations and codes of conduct. You shall not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses. You may not transmit any chain letters or junk email to other members.
9. Prohibited Activities We reserve the right to investigate and terminate your Membership or access to the Website or Service if you have misused the Website or Service, or behaved in a way which could be regarded as inappropriate or engaged in conduct that is unlawful or illegal. The following is a non-exhaustive list of the type of actions that you may not engage in with respect to the use of the Website and the Service:
You will not impersonate any person or entity, or hold yourself out to have connection, affiliations, qualifications, offices (as in official positions) or associations that you do not currently have or hold;
You will not "stalk", bully or otherwise harass any person;
You will not express or imply that any statements you are in anyway endorsed by us;
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Website or Service or its contents;
You will not post, distribute, copy, adapt, claim as your own work, creation or invention, claim ownership of, reproduce, broadcast, webcast, or otherwise disseminate to the public in any way any copyright works, , trademarks, or other intellectual property or proprietary information without obtaining the prior consent of the owner or exclusive licensee of such rights or information.
You will not remove any copyright, trade mark or intellectual property or other proprietary rights information notices contained on the Website or used on or in the Service.
You will not "frame" or "mirror" any part of the Service or the Website.
You will not use meta tags or code or other devices containing any reference to us, the Website or the Service in order to direct any person to any other website for any other purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
10. Third Party Websites and Advertising We reserve the right to display hyperlinks and pointers to third party websites. These third party websites are not part of the Website and are not under our control. We do not accept any responsibility for the content or services offered by or from any such third party websites. If you link to any third party websites you leave the Website entirely at your own risk.
Third parties may advertise products and services on the Website. We do not endorse or recommend any of the advertised products or services. We make no representations, warranties and indemnities about the products advertised by third parties on the Website and accept no liability for any losses, costs, damages, expenses or claims you may suffer or incur as a result of any dealing you may have with the products advertised and the vendors thereof.
12. Customer Service We may provide assistance and guidance through our customer care representatives. When communicating with our customer care representatives, you may not be abusive, discriminatory, obscene, profane, offensive, sexist, threatening, harassing or racially offensive. If we feel that your behaviour towards any of our customer care representatives is at any time threatening or offensive, we reserve the right to immediately terminate your Membership and you will not be entitled to any refund of Membership Fees already paid.
13. Complaints and Member Disputes Unfortunately, it is possible that others may use the Website and the Service in violation of these Terms. For example, it is possible that another Member may post or transmit on the Website content that falls within the definition of “Content” (see paragraph 8, above) or that is obscene or offensive, or used to harass, bully or intimidate you.
We take your online and offline security very seriously. As such, we have prepared some safe dating guidelines to help you enjoy your Happy Ever After Dating experience and avoid problems when interacting with other members.
We urge you to be cautious when interacting with other Members. You should carefully select the content that you post or transmit on the Website, or otherwise transmit to any other Member by any other means. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your Member profile. Any content that you transmit or post on Website, or otherwise transmit to any other Member by any other means, will be considered non-confidential.
If you are experiencing problems with any other Member and would like to make a complaint, please send us an email via the Feedback page. You may wish to use the "blocking" feature if you wish to stop any other Member(s) from viewing your profile or contacting you.
We may record and store any information relating to any complaint made against you.
We reserve the right, but have no obligation, to monitor disputes between Members and take whatever action we deem appropriate, which may include suspension or termination of the Service or Membership.
15. Limitation on Liability You acknowledge that you use the Website and the Service at your own risk.
You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with Website, the Service, or any other Member’s use of or conduct in connection with the Website or the Service, in any circumstance.
To the maximum extent permitted by law, we exclude all implied representations indemnities and warranties.
To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for any chargeable service or feature on the Website or the Service purchased by you during your Membership.
In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
16. General No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Terms and/or your use of the Website, Service or becoming a Member.
These Terms represent the entire agreement between you and us regarding your use of the Website and/or the Service.
If any provision of these Terms is held to be invalid, the remainder of the Terms shall continue in full force and effect.
You agree that the Terms will be governed by the laws of New South Wales and the exclusive jurisdiction of the New South Wales courts.
If you have any questions about the rights and restrictions above, please contact Customer Care