Online Dating at Asian Dating Cafe
WEBSITE TERMS AND CONDITIONS WEBSITE USE
The use of this Website is conditional upon your acceptance of these Terms and Conditions. You will be deemed to have accepted these Terms and Conditions by using this Website, regardless of whether or not you register as a member. If you do not agree to these Terms and Conditions you must not use this Website.
USER AGREEMENT
These Terms and Conditions constitute the agreement between you and the Company in respect of your use of the Service and the Website (the "Agreement").
DEFINITIONS
In these Terms and Conditions, the following expressions have the corresponding meanings:
"Claim" means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent;
"Commercialise" means to exploit, market, promote, develop, integrate, research, sell and conduct any other activity for profit or reward;
"Company" means Felisilda Group (ACN to be supplied upon request), a company registered in Western Australia.
"Personal Information" has the meaning ascribed to it in the Privacy Act 1988
"Privacy Policy" means the Company's privacy policy which is available on the Website;
"Service" means the facilities made available for members via the Website;
"Website" means this website which is owned and operated by the Company;
"Terms and Conditions" means these terms and conditions as amended by the Company from time to time, which form the agreement between you and the Company;
"we", "us" and "our" all refer to the Company.
THE SERVICE
The Service is an internet information service that facilitates contact between members who may or may not be seeking friendship or a relationship. Our service offers an ‘As Is’ service to those who sign up, we hold no responsibility for those registered as to their intentions.
OBLIGATIONS OF USER
Own risk – You acknowledge that your use of the Service and the Website is solely at your own risk.
Accurate information - You represent, warrant and undertake that the information that you supply to the Service, the Website and the Company is accurate in all respects, not in breach of this Agreement and not harmful to any person in any way.
Information not confidential - You agree that any material or information provided by you, save and except for any Personal Information (which may include your full name, email address, postal address, telephone number etc.) the use of which is governed by our Privacy Policy, will be treated as non-confidential and non-proprietary and we may use such material or information without restriction as according to our privacy policy.
Information available Internationally - You consent to the transfer of information provided by you (including Personal Information other than your full name, email address, residential address or phone numbers) to members residing in countries other than your country of residence.
Copyright - You agree that all copyright which subsists in any material or information provided by you to the Company is assigned to the Company. You will not post, transmit or otherwise provide any material or information in which the copyright is owned by another person or entity you also commit that all material and information provided is your original work and not sourced from any third party.
Content Posted by Member. You agree to be solely responsible for the content or information you publish or post on the site, or send to other members using this service. You will not post or send to other members or to our staff anything (this includes but is not limited to: text, photos) that is harassing, abusive, offensive, racially offensive, bigoted, obscene, profane, pornographic, sexually explicit, hateful, violent, inaccurate, unlawful, illegal, slanderous, libelous or otherwise objectionable.
Any posting of contact information in your personal profile including but not limited to: last names, email addresses, phone numbers, URLs, Instant Messengers handle or any type of numeric or personal identification is a violation of this agreement. We will remove any such contact information we find in personal profiles. We do not screen our members and we are not responsible for any interactions occurring between members of Asian Dating Cafe after such contact information has been privately exchanged.
MEMBERSHIP
Eligibility – You must be over 18 years of age to register as a member of the Service or to use this Website.
Membership CancellationWe reserve the right to refuse membership to Asian Dating Cafe to anyone. At our sole discretion, we may cancel your membership, any or all parts of your information, communications, or postings, without notice for conduct that violates or is in breach of this Terms of Use Agreement. Upon the cancellation of your membership by us, we may continue to deny you membership and use of the service in the future. This Agreement will be in effect even after a membership is cancelled.
Membership – You may become a member of the Service free of charge. Free membership will only entitle you to participate in some of the features available as part of the Service. In order to access additional features, you must become a paying member to the Service.
Subscription plans and fees - Subscription plans and their corresponding fees are located at the "Upgrade Membership" page, these plans can change from time to time without prior warning, it is the users own obligation to monitor if a specific plan alters before, during or after they pay for a subscription.
Members ID and password – As part of the member registration process, you will be required to select a member ID (username) and password. We may refuse to accept any username for any reason, at our discretion if we deem the username offensive, illegal or otherwise.
Payment – In the event that we provide a recurring billing facility for the payment of subscription fees applicable to the subscription plan you select, you hereby authorise the Company to charge those fees on a recurring basis it is the users own responsibility to turn off or cancel recurring billing, the Company is not held responsible for this action, unless otherwise stated in a separate agreement, the user also agrees that in the event of recurring billing is not turned off, then they forfeit the right to apply for a ‘Charge Back’
INFORMATION
Editing information - While we do not and cannot review every message or other material posted or sent by members of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are under no obligation, to delete, move or edit messages or material (including profiles, messages, videos and audio recordings) that we, in our sole discretion, deem to breach these Terms and Conditions or to be otherwise unacceptable.
Security of information - Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.
RESTRICTED USE
Unless we agree otherwise in writing, you are provided with access to the Website for your personal use only. You are authorised to print a copy of any information contained on the Website for your personal use, unless printing is expressly prohibited.
ADVERTISEMENTS
We reserve the right to promote paid advertisers in any section or page on the Site, taking care as to not deter the experience on our site, all advertising is screened for content and suitability on our Site.
INTELLECTUAL PROPERTY
Ownership – The Company retains all right, title, and interest in the Service and the Website and the corresponding intellectual property rights and reserves all rights not explicitly granted.
Copyright – Copyright in the Service and the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Company. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Service or the Website;
or
(b) Commercialise any information, products or services obtained from any part of the Service or the Website without our prior written permission.
COMMUNICATION
The Company reserves the right to send electronic mail to you regarding changes or additions to the Service, or any products and services of the Company and its affiliated businesses.
INDEMNITY AND RELEASE
Indemnity - You agree to indemnify, defend and hold the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives harmless from and against any and all Claims, loss, damage, tax (including GST), liability and/or expense (including legal costs on a full indemnity basis) that may be incurred by the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives arising out of or in connection with your use of the Service or the Website,
Release - You hereby waive, release, forgive, discharge and relinquish any and all Claims that you now have or may have against the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives which are connected with, arise out of or relate directly or indirectly to your use of the Service or the Website.
GENERAL
Failure to comply - The Company accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.
No waiver - If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
Severability - If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall continue in full force.
Variation - We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on the Website.
Assignment - You must not assign any of your rights under this Agreement or in respect of the Service or Website to any third party. If so then your agreement and usuasage on the Site is terminated immediately with no penalty applied to Asian Dating Café.
Governing law – This Agreement is governed by the laws in force in Perth, Western Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
PRIVACY POLICY
We undertake to comply with the terms of our Privacy Policy which is located on the Website.
Limitation of Liability.
In no event, will the Asian Dating Cafe Dating Site be liable;
a) To you for any incidental, consequential, or indirect damages (including but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising from the use of or the inability to use the service or the site, even if Asian Dating Cafe or its agents or representatives know or have been advised of the possibility of such damages, or
b) To any person other than you. Notwithstanding any contrary provision herein but subject to the foregoing limitation on liability, in all events Asian Dating Cafe`s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Asian Dating Cafe Dating Site service during the term of membership
TERMINATION
Agreement effective for members - This Agreement will remain in full force and effect while you are a member of the Service or while you otherwise use the Website
Termination of membership by you - You may terminate your membership at any time, for any reason, effective immediately upon our receipt of your written notice of termination. Notice of termination may be delivered to the address contained in the Contact Us section of the Website
Termination of your access to Service - We may, in our absolute discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Service by others.
Termination of membership by us - We may immediately terminate your membership and your access to the Service at any time if we determine (in our absolute discretion) that you have breached this Agreement. Notice of termination will be delivered to the last email address you provide to us. Any pre-paid fees relevant to the period following termination will not be refunded to you.
Deactivation for non-use - We may deactivate your account if you have not used the Service for a consecutive 6 month period unless you have an active paid subscription.