TERMS AND CONDITIONS OF

USE PLEASE READ THIS TERMS OF USE AGREEMENT THROUGHLY. BY ACCESSING OR USING OUR SITE AND OUR SERVICE, YOU AGREE TO BE OBLIGATED BY THESE TERMS AND CONDITIONS AND ITS TERMS OF REFERANCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE OUR SITE OR OUR SERVICE.

THIS AGREEMENT CONTAINS AN OBLIGATED AGREEMENT OF DISPUTES AND PROVISIONS THAT REQUIRES THE USE OF ARBITRATION ON A PARTICULAR CASE TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU BECOME AN AUSTRALIAN DATING SITE MEMBER AND PAY BY AN AGREED METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING MEMBERSHIP, YOUR MEMEBERSHIP WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM.

These Terms of Use Agreement is a legal binding agreement that regulates our relationship by all of users that communicates by the entirety of Australian Dating Site, in regards to Australian Dating Site website (www.australiandatingsite.com.au) and our service. Australian Dating Site currently provides a service on our site, and mobile application, which continue to the mobile software and applications available on social media networking sites and a variety of platforms, (the site, the application, the downloadable product whatever product, provided by Australian Dating Site that relates within shall be known as, the "service"). Australian Dating Site tries hard to update all services and products and update the entire services at our acknowledgement, and this agreement will part of an addendum of to all additional services or products whatever modified or corrected services unless otherwise stated.

MEANINGS AND DEFFINITIONS

“YOU” refers to the user of this website and its other services, and as said YOU have gained the right to use this website by acknowledging the relevant Terms and Conditions of Use as out lined below. Australian Dating Site is the sole owner and operator of www.australiandatingsite.com.au. As used in this Terms and Conditions of Use, "we" and "us" means Australian Dating Site. “service” refers to YOUR use of the website for any purpose.

INTRODUCTION

These Terms and Conditions of Use, along with our Privacy Policy and Dating Safety, each of which is included by reference into this agreement, and any terms described and agreed to by YOU. If YOU purchase any additional features, products or services we offer sets forward the terms and conditions that apply to YOUR use of the website and its service offered by Australian Dating Site. By completing the member sign up process, YOU are indicating that YOU agree to be obligated by all of the terms in this agreement. In addition, YOU authorise to receive this agreement electronically. We have the right to change this agreement at any time. Such changes to the agreement will become effective and will apply to YOUR membership upon our posting such changes to the agreement to the Website. YOUR continued use of our service after such a modification has been posted will be allowed to constitute acceptance by YOU of any such changes to the agreement. It is YOUR obligation to review the agreement and to become familiar of any changes made.

ELIGIBILITY

YOU must be 18 years of age or older to have access, view or use this dating website or use the service. By accessing the website and agreeing to these Terms and Conditions Of Use, YOU comply and acknowledge to Australian Dating Site that YOU, are 18 years of age or older, and that YOU have the ability, and capacity to consent and will adhere by the agreement. YOU will use the website in a manner consistent with all relevant laws and regulations in your jurisdiction, and agree YOU have not been convicted of any criminal convictions and are not required to register as a sex offender with any government authority anywhere in the world.

MEMBER AGREEMENT

This agreement establishes YOUR agreement with Australian Dating Site with recognition to YOUR use of our service. You must abide by all of the terms and conditions of the agreement in order to become a registered member of our service.

USE SERVICE RIGHT

YOUR right to use our service is applicable to any conditions and restrictions imposed by us at any time, at our complete decision. We may change, interrupt or terminate any part of the service at any time, including the access to any service feature and content. We may also appoint restrictions on certain features and aspects of our service or regulate YOUR access to parts or all of the service without notifying for any reason.

CODE OF CONDUCT

YOU consent to use the service in agreement with the following Code of Conduct

A. YOU will keep all information provided by YOU through the service as confidential and private, will not give such information to anyone without the acknowledgment of the person who provided it to YOU.

B. YOU will not use the service to part take in any form of harassment or abusive behaviour, including posting of interaction, photos or recordings, which contain defamatory, malicious, aggressive or insulting statements, or racist, pornographic, offensive, or obscene language.

C. YOU will not forward chain letters or advertising through the service.

D. YOU will not use the service to breach the privacy rights, or any other rights of any person.

E. YOU will not post messages, pictures or recordings or use the service in any way that fringes the rights of any third party, including any copyright or trademark law, or other personal or proprietary rights, or that is dishonest or otherwise unlawful or violates any law.

F. YOU will not use the service to promote or publish anything that contains any claims for funds, advertising or demand for goods or services. All parties involved in these actions will be deleted and ceased immediately.

G. YOU will not use the service to distribute or upload any virus, or malicious software or spam of any type, or do anything else that might cause harm to the service, or any other members' systems in any way.

H. YOU will not cause the service to be accessed through any automatic means, including the rapid access of the site. Such restriction shall not apply to legitimate search engine activity that does not place a burden on the Service.

I. Constitute negligent advice or contain any negligent statements.

J. Constitute an incitement to commit a crime within or using the service.

K. YOU shall not use racist slurs or vilification within the service to other members or others associated with the site and service.

THIRD PARTY RIGHTS

We reserve the right to use third-party advertising companies, such as Facebook, Google, Twitter and Microsoft, to advertise when YOU visit our website. These organisations may use data about YOU so they can provide advertisements about products and services that might interest YOU. We have the right to monitor all advertisements, public postings and messages to ensure that they will conform to guidelines that are regulated by us and are subject change at any time.

CANCELLATION AND SUSPENSION OF ACCOUNT

We do not review all profiles, public postings, messages or other information posted by members within the service. We are not liable or responsible for any of the information of these profiles, postings, messages or information included. We have the right, and are not obligated to, delete profiles, postings, messages and other information that we, in our discretion, that seen to be in offence of the Code of Conduct as set out before or any other content that seems to be otherwise undesirable. YOU will remain completely responsible for the content of YOUR profile, postings, messages and other information that YOU may add to the service. We have the right at our discretion, delete or interrupt YOUR availability to the service at any time, with or without notice, for any reason, that includes a breach of this agreement. Including the general use of misleading, abusive, or otherwise illegal behaviour that may otherwise affect the use of the service and its users or the internet by others may be grounds for ending of YOUR membership to the service at our decision, and YOU shall be referred to appropriate law enforcement agencies.

NO RESPONSIBILITY

You acknowledge that we are not responsible for interruption or suspension of the service, regardless of the cause of the interruption or suspension.

PROPRIETARY OF INFORMATION

YOU agree not to, distribute, copy or modify any such information in any manner whatsoever without having received the written permission of the owner of such information.

YOUR ONLINE SECURITY

YOU are obliged to maintain the privacy of YOUR username and password. YOU must never allow anyone to use YOUR password to access our services. YOU are liable for all usage or interactions within service by users using YOUR password, including the use of YOUR password by any other. YOU consent to immediately letting Australian Dating Site know of any unapproved use of YOUR details or any unapproved entry to YOUR membership. Always log out when YOU finish each use of the service, when YOU are using a public computer or share a computer. When logging into the services using a public computer makes sure, you use precautions to prevent other people from accessing YOUR membership details.

Interactions with others

YOU are completely responsible and liable for YOUR own actions and interactions with other members.

YOU ARE AWARE THAT AUSTRALIAN DATING SITE DOES NOT ROUTINELY SCREEN OUR MEMBERS, INQUIRE INTO THE BACKGROUND OF OUR MEMBERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY OUR MEMBERS, OR CONDUCT CRIMINAL SCREENINGS OF OUR MEMBERS.

IN NO CIRCUMSTANCES WILL AUSTRALIAN DATING SITE BE ACCOUNTABLE OR LIABLE FOR ANY DAMAGES EITHER, DIRECT, INDIRECT, GENERAL, SPECIAL, EXCEPTIONAL, SUBSTANTIAL, OR INCIDENTAL, ORIGINATING OR RELATING TO THE CONDUCT OF YOU OR ANOTHER PERSON IN CONNECTION WITH THE USE OF THE SERVICE, WITHOUT LIMITATIONS INCLUDING, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY OTHER DAMAGES ARISING FROM MEETINGS OR INTERACTIONS WITH OTHER MEMBERS OF THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, INCLUDING IF YOU DECIDE TO MEET OFFLINE. YOU AGREE AND UNDERSTAND THAT AUSTRALIAN DATING SITE MAKES NO ASSURANCE, OR EXPRESSIONS REGARDING YOUR INTERACTIONS AND COMPATIBILITY WITH THE PEOPLE YOU MEET THROUGH THE SERVICE. YOU SHALL NOT GIVE YOUR BANKING OR MONETARY INFORMATION TO OTHER PEOPLE THIS INCLUDES BANKING DETAILS AND OTHER FINANCIAL INFORMATION.

PAID USER MEMBERSHIPS

We have free services on the website, paid memberships and paid features are offered that require extra payment. When payment is required, the following additional terms and conditions apply. Automatic Renewal of Membership After YOUR initial membership commitment time, and again after any ongoing membership time, YOUR membership will automatically continue for an additional same time period, at the price YOU agreed to when signing up. You agree that YOUR account will be subject to this automatic renewal feature. If YOU do not wish YOUR account to renew automatically, or if YOU want to change or end YOUR Membership, please log in and go to YOUR account page and delete YOUR account. If YOU want to end automatic renewal after YOUR purchase, YOU may use YOUR membership until the end of YOUR current membership term. YOUR membership will not be renewed after YOUR term ends. YOU will not be eligible for a prorated refund of any amount of the membership fee paid for the membership period. Paid Memberships will not transfer to any other account. By signing up to the paid membership, YOU enable Australian Dating Site to bill the credit card or PayPal YOU provided now and again at the beginning of any ongoing membership time. You also enable Australian Dating Site to charge YOU for any sales or taxes that maybe imposed on YOUR membership payments.

Billing and Payment

Australian Dating Site will use credit card and PayPal facilities from information that YOU provide. YOU agree to be to billed for services provided to YOU. By registering for the Paid memberships and providing YOUR credit card details or PayPal information, YOU agree to be billed by us for YOUR service in advance. It is YOUR responsibility to provide accurate and complete credit card information and to be updated including YOUR membership also any changes to information.

Continuance of Authorization

YOUR continued use of the paid memberships acknowledges that Australian Dating Site is authorised to charge YOUR credit card or PayPal information provided. Australian Dating Site might submit those charges for payment and YOU will be responsible for such charges. This does not forgo Australian Dating Sites right to seek payment directly from YOU. YOUR charges are be payable in advance, for usage, or otherwise described when YOU first signed up to the paid memberships Cancelation of services for non-payment when a payment is required for a paid membership and we are unable to charge YOUR credit card for any reason, we may discontinue any and all services to YOU either temporarily or permanently.

Cancellation of Services

If YOU cancel YOUR account, YOUR paid membership will be cancelled unless YOU used PayPal to complete YOUR purchase. If YOU used PayPal to pay for YOUR Paid Membership and/or Paid Features, YOU must contact to PayPal to cancel YOUR account. Australian Dating Site is not able to do this on behalf of PayPal users. Most payments for paid memberships are non-refundable. YOU will not be eligible for a prorated refund of any portion of the unused paid services. Where billing for a service is continuing on a monthly, yearly or other basis, the unused portion of the current service period will not be refunded. Paid memberships cannot be transferred to any other account.

Refunds

All amounts charged for membership are non-refundable, and there are no refunds or credits for partially used time. We may make an exception if the laws applicable in YOUR area to provide for refunds. For paid membership members living in the EU according to local law, YOU are entitled to a full refund during the 14 days after the paid membership begins. Please note that this 14-day period commences when the membership begins. For paid membership members living in Arizona, Wisconsin, Connecticut, Illinois, North Carolina, Iowa, Minnesota, New York, Ohio and California, the terms below apply: YOU may cancel this agreement, without penalty or obligation, at any time prior to midnight of the 3 day cooling off period of this agreement, excluding Sundays and public holidays. In the event that YOU die before the end of YOUR membership period, YOUR estate shall be entitled to a refund of that portion of any payment YOU had made for YOUR membership, which is allocable to the period after YOUR death. In the event that YOU become permanently impaired before the end of YOUR membership time, YOU shall be entitled to a refund of that portion of any payment YOU had made for YOUR membership which is made payable to the period after YOU become permanently impaired, by providing to us notice in the same manner as YOU request a refund as described below.

DISCLAIMER

DISCLAIMER OF WARRANTEES GUARANTEES AND LIMITATION OF ACCOUNTABILITY YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU USE THE WEBSITE AND SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IT IS" AGREEMENT WITHOUT ASSURANCES OR GUARANTEES,, EITHER EXPRESS, IMPLIED OR NOTED, INCLUDING THE WARRANTY OF MERCHANTABILITY THAT IS IMPLIED, UNLESS PRECISELY EXPRESSED, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OF THE LAW. AUSTRALIAN DATING SITE PROVIDES ON LINE INTERNET DATING SERVICE TO SINGLES, AS WELL AS CHAT ROOMS FOR COMMUNICATION INCLUDING DIALOG AND CONNECTIONS TO MEMBERS THROUGH OUR WEBSITE AND OTHER MEANS OF DISTRIBUTION. AUSTRALIAN DATING SITE DOES NOT GUARANTEE THE CERTAINTY, CORRECTNESS, OR EFFICIENCY OF, INFORMATION CONTAINED ON THE WEBSITE. ALLOWING TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY AUSTRALIAN DATING SITE IS COLLECTED, THERE MAY BE DEFERMENT, EXCLUSIONS OR INCORRECTNESS IN SUCH CONTENT. WE DO NOT GUARANTEE OR AFFIRM THE ACCURACY OR AUTHENTICITY OF ANY MEMBER PROFILE, INFORMATION, ASSUMPTION, STATEMENT OR OTHER INFORMATION ADVERTISED, UPLOADED OR DISPLAYED THROUGH THE SERVICE BY AUSTRALIAN DATING SITE, PARTNERS OR AFFILIATES OF ANY USER OF THE SERVICE OR ANY OTHER PERSON. YOU UNDERSTAND THAT ANY DEPENDENCE ON ANY OPINION, MEMBER PROFILE, INFORMATION, COMMENT OR ADVICE WILL BE AT OWN RISK. YOUR ONGOING USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF ADVICE OF ANY MODIFICATIONS IN THIS AGREEMENT, WILL CREATE A BINDING AGREEMENT BY YOU OF THIS CONTRACT, OR ANY FOLLOWING CHANGES. YOU UNDERSTAND AND AGREE AND ACCEPT THAT UNDER EXCEPTIONS WILL AUSTRALIAN DATING SITE, ITS DIRECTORS, EMPLOYEES AND THIRD PARTY INFORMATION PROVIDERS BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LOSS CAUSED BY YOUR USE OR DEPENDENCE ON INFORMATION ACCESSED THROUGH THE CONTENT SHARED BY AUSTRALIAN DATING SITE AS WELL AS ANY DIRECT, INDIRECT, ACCIDENTAL, RANDOM, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF ACHIEVEMENT, INCORRECTNESS, EXCLUSIONS, DELAYS, DELETION, DEFECT, DELAY IN OPERATION OR CONVEYANCE, COMPUTER VIRUS, COMMUNICATION LINE COLLAPSE OR DECLINE, LOSS OR ELIMINATION OR UNLAWFUL ACCESS AND CHANGES TO THE WEBSITE, WHETHER CLAIMS ARE BASED IN AGREEMENT, NEGLIGENCE, STRICT RESPONSIBILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER AUSTRALIAN DATING SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME AREAS LIMIT THE OPPORTUNITY OF SUCH RESTRICTION OF LIABILITY; IN THIS SITUATION, THE ABILITY OF THIS SECTION MAY NOT BE RELEVANT TO YOU. EACH PARTY WILL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON A SEPARATE AND SINGULAR CASE AND NOT AS A PLAINTIFF OR CLASS ACTION MEMBER IN ANY IMPLICATION CLASS OR DEPICTIVE ACTION OR PROCEEDING. IF BOTH PARTIES AGREE, NO CLAIM MAY IS DEVELOPED OR JOINED WITH MORE THAN ONE PERSON’S CLAIMS. HOWEVER IF BOTH PARTIES AGREE OTHERWISE, NO OTHER PARTY MAY JOIN ANY JOINED, REPRESENTATIVE, OR CLASS PROCEEDINGS. IF BOTH PARTIES ARE IN AGREEMENT, OTHERWISE, PARTIES MAY ONLY EITHER SEEK OR ACCEPT A GRANT OF BENIFIT IN FAVOUR OF THE PERSON SEEKING BENIFIT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF CONSTRAINED BY THAT PARTY’S INDIVIDUAL CLAIM.

INDEMNITY

YOU are in agreement to indemnify, defend and hold no fault to Australian Dating Site and all owners, directors, employees, agents, information providers, affiliates, third party providers, from any and all liability and costs, including, without exception, including reasonable solicitors fees, incurred by the indemnified parties in connection with any claims connected with any breach by YOU of this agreement or the proceeding representations, warranties and stipulations. YOU will comply with fully as required in the defence of any claim. Australian Dating Site has the right, at its own expense, to assume the exclusive defence and control of any matter subject to any counter claim by YOU.

ARBITRATION

• The exclusive means of resolving any dispute or claim arising out of or relating to this agreement the service, or the website will be legally upheld arbitration proceeded by the Australian Centre for International Commercial Arbitration under ACICA Arbitration Rules. The one exclusion to the individuality of arbitration is that YOU have the right to bring an individual claim against the company in a small claims tribunal of YOUR relevant area. However if YOU choose arbitration or small claims court, YOU may not under any reason start or continue action against the company any such class action, class arbitration, or other representative action following.

• By using the website or the service in any way, YOU agree to the above arbitration agreement. By doing so, YOU give up YOUR right to go to court to claim or defend any claims between YOU and the company. YOU also give up YOUR right to participate in a class action or other class proceeding. YOUR rights will be determined by a Unbiased Arbitrator, Not a judge or jury, and the arbitrator shall determine all issues regarding the matter of arbitrability in the dispute. YOU are entitled to a fair and just hearing before the arbitrator. The arbitrator can grant any determination that a court can, but YOU should consider that arbitration proceedings are usually simpler and more simplified than trials and other proceedings. Decisions made by the arbitrator, can be enforced in court, and may be overturned by a court only for any reasons. For details on the arbitration process, see the website https://acica.org.au/

• Any matters to enforce this arbitration agreement, these include any proceedings to confirm, change, stop or end arbitration, may be commenced in any court of a relevant area. In the event that this arbitration agreement is for any reason held to be unenforceable, any case against the company may be started only in the federal or state courts located in Perth Central Law Courts. YOU completely consent to the manner of those courts for such purposes.

• This agreement, and any dispute between YOU and the company, will be over seen by the laws in the state of Western Australia without concerns to matters of conflicts of law, given that the IBA Guidelines shall govern this arbitration agreement.

 

ADDENDUM

If any information of this agreement is to be found null and void or invalid, that information will be defined or terminated to the smallest extent available so that this agreement will otherwise continue in full force and effect and be enforceable. YOU may not authorise, relocate or sublicense this agreement without previous written consent of Australian Dating Site. Australian Dating Site may appoint this agreement completely or in part. No person, company, partnership, or employment has or will be created because of this agreement. Captions are for assistance only and have no legal or contract outcome. All information within this agreement will be in writing and will be presumed to have been applied correctly when receipt is electronically accepted.

 

If you have any questions regarding these Terms of Use Agreement, you can contact Australian Dating Site by writing to us at: Australian Dating Site, Australian Dating Team PO Box 145. BOYANUP. WA. Australia 6237