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Terms and Conditions
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Terms and Conditions of Service:
- Background:
- This online service is a way for adults to meet each other (the "Service"). The Service is provided by R & H Consulting Pty Ltd, trading as Lovesearch Intros whose office is located at Level 11, Suite 04, 470 Collins Street Melbourne, Victoria 3000. (hereafter “Lovesearch").
- This Agreement is made between You and Lovesearch and applies to the terms and conditions for use of the Lovesearch website (the “Website”). Please read this Agreement carefully before registering for the Service. By registering for the Service, You become a Lovesearch member (a "Member"), and You agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a Member.
- Definitions:
- 2.1. In this Agreement the following words have the following meanings unless the context requires otherwise:
- "Agreement" means this agreement between You and Us incorporating these terms and conditions for the provision of the Service, as amended from time to time;
- "We, Us, Our" means R & H Consulting Pty Ltd, trading as Lovesearch Intros; and
- "You, Yourself, Your means the person who registers for the Service, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by Us.
- Eligibility: Minors may not become Members:
You must be at least 18 years old to register for the Service and by becoming a Member, You represent and warrant as such.
- Registration & Subscription:
- Although You may browse the Website for free, if You wish to use the Service to initiate communication with other members, You must become a paid member (“Member”) and pay the fees that are set out in Our price list.
- Our price list forms part of this Agreement and We reserve the right, to change any fees or charges for using the Service at any time. If You register as a Member, You agree to provide current, accurate, and complete information about Yourself as prompted by Our registration form . You should update this data as Your circumstances change. If Your registration data is untrue, inaccurate, not current or incomplete in any respect, We reserve the right to terminate this Agreement and Your use of the Service and, in this instance, You shall not be entitled to a refund of any unused membership fees.
- Your membership is for Your sole, personal use and may not be transferred to any other person.
- Term & Termination:
- This Agreement will remain in full force and effect while You use the Service and/or remain a Member. Your membership may be terminated at any time, for any reason, by forwarding Us Your written or email notice of termination. We also reserve the right to terminate Your membership and removing Your profile from the Website, at any time, for any reason, without explanation, effective upon sending written notice to You. In this event, We will refund, pro rata, any unused portion of any membership payments that We have received from You.
- In the event that:
- You terminate your subscription or membership or
- We determine, in our sole discretion, that You have violated this Agreement or our Privacy Policy and terminate Your membership, You shall not be entitled to receive any refund of any unused portion of membership fees paid to Us.
- Proprietary Rights:
- You represent and warrant that the information posted in Your profile including Your photograph were posted by You and that You are the exclusive author of Your profile and the exclusive owner of Your photographs.
- You assign to Us all copyright in Your profile and Your photographs posted, at any time, on our Website and in connection with Your use of the Service.
- You waive absolutely any and all moral rights including the “right of attribution” with respect to Your profile and photograph(s);
- By posting information, photographs or content on Our Website, You automatically grant, and You represent and warrant that You have the right to grant, to Us and other members, free of charge, an irrevocable, worldwide license to use, copy, display, promote, publish, and distribute such information, content and photographs in any format or via any methods now or hereafter known.
- Your Use Of The Service:
- As a Member, You agree that:
- You will use the Service in a manner consistent with any and all applicable laws and regulations.
- You will not include in Your profile any telephone numbers, street addresses, last names, URL's or email addresses, other than where You are specifically asked for such information as part of Your Registration Data;
- You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Website.
- You will not transmit any chain letters or junk email to other members. To this end, We reserve the right to limit the number of messages sent by Members per day.
- You are solely responsible for Your interactions with other members.
- We reserve the right, but have no obligation, to monitor and / or mediate disputes between You and other members.
- You are solely responsible for the content or information You publish or display (hereinafter, "post") on our Website.
- You will not post on the Service, or transmit to other members or any defamatory, abusive, obscene, sexually oriented, threatening, harassing, racially offensive, or illegal material,
- You will not include in Your profile any offensive sexually suggestive or connotative language, and You will not post any photos containing nudity or personal information.
- We reserve the right, but We have no obligation, to reject any profile or photo that does not comply with the prohibitions of this section and, to the extent that We determine in Our sole discretion, You shall not be entitled to a refund of any unused subscription payments that We have received from You.
- By becoming a Member, You agree to accept and consent to receiving email communications initiated from Us including, without limitation: message notification emails, emails informing You about events and parties We organize; emails informing You of promotions We run, and emails informing You of changes to the Service.
- You agree that We have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by Our Service. We also reserve the right to terminate "Inactive" accounts at our sole discretion. (For the avoidance of doubt, “Inactive” currently means that You have not signed in to the Service for a period of 12 months).
- Our customer service employees are there if required to provide assistance and guidance to You. When speaking or communicating to Our customer service or other employees, You undertake not to be abusive, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of Our employees feel, at any given point, threatened or offended by Your conduct, We reserve the right to immediately terminate Your membership and You shall not be entitled to the refund of any membership payments We have received from You.
- In the event that You have misused the Service, or behaved in a way which We regard as inappropriate, unlawful or illegal, we reserve the right to immediately terminate Your membership and You shall not be entitled to the refund of any membership payments We have received from You.
- Indemnity By Member:
- You will defend, indemnify, and hold Us and Our officers, directors, employees, and agents and third parties harmless, for any losses, liabilities and expenses relating to or arising out of Your use of the Service, including, but not limited to:
- Your breach of this Agreement;
- Your alleged infringement of the copyright, trademark, or other intellectual property of any third party; and
- Your activities in connection with the Service.
- Online Content:
- Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
- We do not guarantee the accuracy or completeness of any information on the service and we neither adopt nor endorse any statement made by parties other than Us.
- Under no circumstances are we responsible for any loss or damage resulting from your reliance on information or other content posted on our Website or otherwise transmitted to Members.
- We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the service. We shall have the right to remove any such material that, in our sole discretion, we regard as inappropriate, unlawful or illegal.
- Intellectual Property:
All intellectual property rights in and to the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world.
- Privacy:
The personal information (including sensitive personal information) You provide to Us will be stored on computers. You consent to Our using this information to build up a profile of interests, preferences and browsing patterns and to allow You to participate in the Service. You also agree to read, review, comply with, uphold and maintain Our Privacy Policy and the terms and conditions thereof.
- Limitation Of Liability:
- Lovesearch will not be liable to You for any incidental, consequential, or indirect damages arising out of the use of or inability to use the service,
- Notwithstanding anything to the contrary, our liability to You for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to Us for the service during the term of Your membership.
- We do not conduct background checks or otherwise screen the members registering to the service in any way. As a result, we will not be liable for any direct or indirect damages, or losses arising out of the use of this service, including, without limitation, damages arising out of communicating and/or meeting with members of the service or via the service.
- Complaints:
To resolve a complaint regarding the Service, You should first contact our customer service department by clicking: contact us.
- Dispute Resolution:
This Agreement is governed by the laws of the State of Victoria. Any dispute, difference or question between the parties in relation to this Agreement shall be determined by arbitration by a single arbitrator agreed upon by the parties and failing agreement by an arbitrator appointed for the purpose by the President of the Victorian Law Society.
- You Agree:
You agree and certify that You have read and that You agree to be bound by the terms and conditions in this Agreement and our Privacy Policy.
Terms and Conditions of Purchase:
All purchases are subject to the following terms and conditions:
- Rates:
The current rates offered by Lovesearch are:
- 6 Months: $ * ($ * a month); or
- 3 Months: $ * ($ * a month); or
- 1 Month: $ *.
- Initial Term:
The Purchaser agrees to an initial term of * month(s’) membership.
- Initial Cost:
The Purchaser agrees to pay the initial cost of $ * to become a Member.
- Monthy Renewall Rate:
The Monthly Renewal Rate for members is $ * a month.
* The Monthly Renewal Rate is applicable only if you pay by credit card and your subscription will continue at such rate after the expiration of your initial subscription term. (See the Additional Terms and Conditions.)
Additional Terms and Conditions:
- All purchases are final. No refund will be given for unused portions of Your subscription period.
- We guarantee that mail sent by You will be processed by the Lovesearch system and sent to the recipient's mailbox on the Lovesearch system. Notwithstanding, we do not guarantee a response from the recipient nor do we make any other promises or warranties of any kind.
- You hereby agree that subscription privileges are non-refundable in the event that You choose to suspend or cancel Your membership. This includes the termination of Your membership due to a violation of the Terms and Conditions of Membership. In addition to the grounds for termination outlined in the Terms and Conditions of Membership, offensive behavior towards other members or use of foul language in the chat room, emails to members or in Purchaser's profile will constitute sufficient grounds for such termination of Your membership.
- This Agreement is governed by the laws of the State of Victoria. Any dispute, difference or question between the parties in relation to this Agreement shall be determined by arbitration by a single arbitrator agreed upon by the parties and failing agreement by an arbitrator appointed for the purpose by the President of the Victorian Law Society.
- By submitting this purchase, You acknowledge, agree and authorise Lovesearch to renew Your subscription, automatically, every month, at the monthly renewal rate that applies to the purchase option chosen by You, until such time as You instruct Us to stop the renewals.
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