TERMS OF MEMBERSHIP
1.1 These Terms govern your use of our website located at www.socialmingles.com.au (the Site) and form a binding contractual agreement between you, the Member of the Site and Services, and us, Social Mingles ABN 49 724 438 325 (Social Mingles). For that reason, these Terms are important and you should read them carefully and contact us with any questions before you use the Site and Services.
1.2 By completing the registration process and using the Services, you acknowledge that you have had sufficient chance to read and understand these Terms, and that you agree to be bound by them.
1.3 If you do not agree to these Terms, you may not access or otherwise use the Site and Services.
- DIGITAL SIGNATURE
By completing the registration process, or by viewing or browsing the Site and Services, you are deemed to have executed these Terms electronically, effective on the date you first registered your Member account or upon accessing the Site and Services. Doing so constitutes an acknowledgement and acceptance that you are able to electronically receive, download, and print this these Terms.
In these Terms:
Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by Social Mingles to you through the Site and Services;
Intellectual Property means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application;
Member means a person who gains access to the Site and Services, whether as a registered Member or as a casual website browser. For registered Members, you are acting in your capacity as service providers or contractors;
Member Generated Content means any and all data, text, software, images, audio or video material posted by Members, incorporated either in Member profiles or in Projects and descriptions posted by Members and other content in any medium produced and provided to the Site and Services by a Member;
Profile means a profile posted and maintained by a Member on the Site using the Services, which incorporates the Member Generated Content;
Services mean the online dating platform enabling Members to post and maintain Profiles and respond to messages from other Members through the Site and Services. This includes Services currently offered by Social Mingles and any Services or products that Social Minglesmay choose to offer in the future;
Site means www.socialmingles.com.au;
You means you, the Member; and
Us, We, Our meansSocial Mingles ABN 49 724 438 325.
4.1 You must be at least 18-years-old to register for the Social Mingles. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are below the age of majority, you are prohibited from registering and using the Services.
4.2 By requesting to use, registering to use, and/or using the Social Mingles, you represent and warrant that you have never been convicted of an indictable offence and are not required to register as a sex offender with any government entity. Social Mingles does not currently conduct regular criminal background screenings on its members. However, to the extent permitted by law and upon reasonable grounds, Social Mingles reserves the right to conduct criminal background checks, at any time and using available public records, to confirm your compliance with this clause.
- ACCESSING THE SITE AND SERVICES
5.1 You acknowledge and agree that although we will use all reasonable efforts to ensure that the Site and Services are available, temporary interruptions of the Site and Services may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.
5.2 All Content and Services provided on or through this Site are provided "AS IS" and "AS AVAILABLE" for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Your use of this Site is solely at your risk.
5.3 We reserve the right to withdraw or amend the Content we provide on the Site and Services without notice. We may restrict access to some parts of or the entire Site, from time to time.
5.4 You acknowledge and agree that Services are for your personal use only. You may not authorise others to use your Member account, and you may not assign or otherwise transfer your Member account to any other person or entity.
5.5 Members acknowledge and agree that the Site and Services are directed solely at Australian residents. Social Mingles makes no representations that the Site and Services are appropriate or available for use outside Australia. Members must comply with all applicable laws and regulations of the country from which they are browsing the Site and Services. Please be advised that some functionality of the Site and Services may not be available overseas due to local law. Social Mingles will not be liable for any breach by you of any laws.
- REGISTRATION INFORMATION AND PASSWORDS
6.1 When you register to the Site for the Services, you are provided with a Member account and password. You must treat such information as confidential and you must not disclose it to any third party. If you have reason to believe that your account or password has been obtained by someone else without your consent, you must inform us immediately to disable your account.
6.2 We will not be liable for any losses associated with your account being compromised and your personal information being made publicly available. You acknowledge and agree that you are responsible for any information that you choose to display publicly through your Profile via the Members Area. Only communications between Members are intended to be displayed privately between the Members involved.
6.3 We have the right to disable any account or password at any time if we consider that you have failed to comply with any of the provisions of these Terms.
6.4 By registering to the Site and Services, you agree that all information provided during the registration process is true and accurate and you will update this information regularly in order to keep it current, complete, and accurate. You must not knowingly provide inaccurate, misleading or false information to Social Mingles or to any other Member. If information you provide to Social Mingles subsequently becomes inaccurate, misleading or false, you must promptly notify Social Mingles of such change by making appropriate corrections.
6.5 You must create only one unique Profile. Your use of the Services must be for bona fide relationship-seeking purposes. Your registration may be terminated by Social Mingles if Social Mingles becomes aware you are using the Services for any other purpose.
(a) you agree that all information provided during the registration process is true and accurate and you will update this information in order to keep it current, complete and accurate; and
7.1 This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Site and Services, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
7.2 We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site and Services or Content contained on the Site and Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Content contained on the Site and Services or that the operation of our Site and Services will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Site and Services.
7.3 Any Content posted on the Site and Services are provided as general information only to assist Members in conducting their own research and due diligence but are not meant to replace professional advice from qualified professionals. Social Mingles strongly advises Members to seek professional advice prior to implementing any general information communicated through any Content on the Site and Services.
- SCOPE OF THE SERVICES
8.1 You acknowledge and agree that Social Mingles only provides the online dating platform that allows Members to post and maintain their Profiles and facilitate communication with Members on the Site and Services for the purposes of relationship-building. Social Mingles does not become a party to any posts, messages, communications, or screening selections entered into by the Members, or performance under such resulting posts, messages, communications, or screening selections.
8.2 You have sole control and risk over the quality, safety or legality of the Member Generated Content posted by Members on the Site using the Services, and the truth or accuracy of any of the Member Generated Content. You must undertake your own independent due diligence prior to contacting or agreeing to meet with other Members and ensure that you implement safety procedures whilst dealing with other Members.
8.3 Social Mingles is not required to and may not verify any Member Generated Content, nor does Social Mingles perform any background checks on Members.
- RISK AND PRECAUTIONS
9.1 You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including subsequent meetings. You acknowledge and agree that Social Mingles is unable to guarantee the accuracy of information provided to you by or about other registered Members.
9.2 You agree to take all necessary precautions when communicating with or meeting individuals through the Services.
9.3 You understand that The Services makes no representations, warranties or guarantees, either express or implied, regarding your ultimate compatibility with any individuals you may meet through The Services or as to the conduct of such individuals.
- THIRD PARTY WEBSITES
10.1 The Site and Services may link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site and Services. These websites are not under our control and are not maintained by Social Mingles. We are not responsible for the content of those sites. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
10.2 We make no representation about any other website you access through this one. Please understand other websites are independent from our sites so we do not accept responsibility for such websites.
11.1 Social Mingle Affiliates may provide discounts and offers to Members through links on the Site and Services. These Affiliates are not under our control and any discounts and offers are not maintained by Social Mingles. We are not responsible for the operation of any discounts and offers. The inclusion of an Affiliate via links on the Site and Services does not imply our endorsement of such Affiliates. You acknowledge and agree that when you access such discounts and offers from Affiliates, you do so at your own risk.
11.2 We make no representation about any discounts and offers offered by the Affiliates. Please understand that Affiliates are independent from Social Mingles so we do not accept responsibility for such discounts and offers.
- INTELLECTUAL PROPERTY
12.1 Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
12.2 We own and retain all proprietary rights to the Site and Services and Content and all associated Intellectual Property rights. You are permitted to use the Site and Services only as authorised by us. As a Member, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site and Services to create, display, use, play, and download Content subject to these Terms.
12.3 Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
12.4 You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
- MEMBER GENERATED CONTENT
13.1 You must not add any Member Generated Content to the Site and Services:
(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, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that is unsolicited, undisclosed or unauthorized advertising;
(e) that are software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) that would bring us, or the Site and Services, into disrepute; or
(g) that infringes the Intellectual Property or other rights of any person.
13.2 You agree to keep all records necessary to establish that your Member Generated Content does not violate any of the requirements under clause 13.1 and make such records available upon our reasonable request.
13.3 You retain ownership of your Intellectual Property and proprietary rights in any Member Generated Content. These Terms does not prevent you front granting non-exclusive rights to use your Member Generated Content to others.
13.4 You also grant to Social Mingles, its successors and affiliates, a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Member Generated Content and your name, voice, or likeness hereafter developed, for use in connection with the Site and Services, including without limitation for promoting and redistributing part or all of the Site and Services (and derivative works thereof) in any media formats through any media channels.
13.5 You also grant each Member a non-exclusive licence to access your Member Generated Content through the Site and Services, and to use, reproduce, distribute, display, and perform such Member Generated Content, only to the extent permitted through the normal functionality of the Site and Services and subject to all confidentiality and other provisions of these Terms.
13.6 The above licences under clause 13.4 and 13.5 granted by Members will terminate within a commercially reasonable time after the Member removes or deletes the Member Generated Content from the Site and Services, except that the Member grants Social Mingles, its successors and affiliates, the irrevocable and perpetual licence to retain and use, but not publicly display, distribute, or perform, server, or archival copies of all Member Generated Content that you have removed or deleted to the extent permitted by applicable law.
13.7 We are under no obligation to regularly monitor the accuracy or reliability of Member Generated Content appearing on the Site and Services. We reserve the right to modify or remove any Member Generated Content at any time.
13.8 You hereby grant Social Mingles a royalty-free, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all Intellectual Property rights without limitation with respect to Member Generated Content worldwide or to incorporate Member Generated Content in other works in any media now known or later developed for the full term of rights that may exist in Member Generated Content.
13.9 Any opinions, advice, statements, services, offers, or other information or Member Generated Content expressed or made available by Members are those of the respective author(s) or distributor(s) and not of Social Mingles.
- PROHIBITED USE
14.1 You acknowledge and agree that you are responsible for your own conduct and Member Generated Content while using the Site and Services and for any consequences thereof. You agree to only use the Site and Services only for purposes that are legal, proper, and in accordance with this Term and the documents referred to in it. Prohibited conduct and use includes, but is not limited to:
(a) defamation, abuse, harassment, stalking, threatening or otherwise violating the legal rights of others;
(b) uploading, posting, emailing or transmitting or otherwise making available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law and these Terms;
(c) impersonation of another person or entity, or falsification or deletion of any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
(d) restricting or inhibiting any other Member from using and enjoying the Services;
(e) using the Services for any illegal or unauthorized purpose;
(f) interfering with or disrupting the Services or servers or networks connected to the Services, or disobeying any requirements, procedures, policies or regulations of networks connected to the Services;
(g) using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information or data contained within site about Members for any unauthorized purpose;
(h) creating Member accounts by automated means or under false or fraudulent pretences;
(i) promoting or providing instructional information about illegal activities or promoting physical harm or injury against any group or individual; or
(j) transmitting any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
- POSTING RESTRICTIONS
You must not post, communicate, or otherwise transmit or encourage any activity while using the Services that:
(a) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) is intended to or has the effect of harassing, threatening or intimidating any other users of the Site or Services;
(c) is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, fraudulent or otherwise objectionable;
(d) contains content or links to content that infringes or violates another party’s rights;
(e) contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
(f) promotes or encourages illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain other people’s identity information, create or disseminate computer viruses,;
(g) is intended to or has the potential to defraud, swindle or deceive other users of the Services;
(h) contains viruses, trojan horses, worms, restricted or hidden password protected pages or other harmful, or disruptive codes, components or devices;
(i) promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
(j) disseminates or otherwise discloses another person’s personal information without his or her prior permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
(k) is intended to interfere with other users or potential user’s enjoyment of the Site or Services;
(l) impersonates, or otherwise misrepresents an affiliation, connection or association with, any person or entity;
(m) solicits gambling or engages in any type of gambling, gaming or similar activity;
(n) collects or solicits personal information from anyone under age 18 or is otherwise predatory; or
(o) is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar unlawful activities.
- REPORTING VIOLATIONS
16.1 Members must promptly report to Social Mingles any violations of these Terms by other Members.
- LIMITATION OF LIABILITY AND INDEMNITY
17.1 You agree that we shall not be liable for any damages suffered as a result of using the Site and Services, copying, distributing, or downloading Content from the Site and Services.
17.2 In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
17.3 We do not endorse any third party content appearing on the Site and Services, and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Member. It is your sole responsibility to ensure the accuracy of the data inputted.
17.4 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services.
17.5 Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
17.6 As a condition of your access to and use of the Site and Services, you agree to indemnify Social Mingles and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
(a) your access to and use of the Site and Services; or
(b) your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration or expiry of your use of the Site and Services, and applies to claims arising both before and after the registration or expiry ends.
18.1 You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Site and Services, and/or your registration, or suspend or block your access to the Site and Services.
18.2 We may terminate or suspend your access to the Site and Services if there is a failing to make any required payments or fees. If you subsequently want your account to be reinstated, you must pay all monies due and owing to us including any applicable costs or charges. You may then have to open a new account as all your data may have been deleted, archived, or lost.
18.3 We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
18.4 If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site and Services or by sending a communication to any address (email or otherwise) that we have for you in our records.
19.1 By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
19.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
19.3 Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
(a) For letters, the letter was properly addressed, stamped and placed in the post; and
(b) For emails, the email was sent to the specified email address.
- NO WAIVER
20.1 If we fail, at any time, to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
20.2 If we waive a default, it does not constitute a waiver of any subsequent defaults.
20.3 No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per clause 19.
- FORCE MAJEURE
21.1 We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) Acts of god;
(b) Natural disasters;
(f) Shortage of supplies, equipment, and materials;
(g) Strikes and lockouts;
(h) Civil unrest;
(i) Computer hacking; or
(j) Malicious damage.
22.1 If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
- ENTIRE AGREEMENT
23.1 These Terms, and the documents expressly referred to in them, constitute the entire agreement between you and Social Mingles, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Site and Services.
23.2 We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
- GOVERNING LAW AND JURISDICTION
24.1 These Terms is governed by the laws of the State of Queensland, Australia and each party submits to the jurisdiction of the courts of the State of Queensland Australia.
- UPDATES TO THESE TERMS
25.1 We reserve the right, in our discretion, to correct any errors or omissions in any part of the Site and Services. We may restrict access to parts or the entire Site at any time, including, but not limited to, Content, certain features and Site, hours of availability, and equipment needed for access or use, without notice or liability.
25.2 Any material on the Site and Services may be out of date at any given time and we are under no obligation to update such material.
25.3 We reserve the right, in our sole discretion, to change, modify, add or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and Services and will be effective immediately, unless expressed otherwise.
25.4 It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to unsubscribe from the Site and Services. Your continued use of the Site and Services will be deemed as your acceptance thereof.
25.5 We may assign or sublicense any of our rights or obligations under these Terms at any time, without obtaining your consent.
Last updated on: Tuesday 7th October 2014
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