Terms of Use
1. Acceptance of Terms
The User accepts and agrees to these terms of use as set out below by virtue of its registration and use of this Service, and further accepts any modifications to these terms of use by their continued use after notification by the Service. The User’s right to use the facilities and products of the Service is subject to the User’s compliance with these terms of use.
2. Definition of Terms
“Gold Member” means a User that has registered and paid for a subscription to the Service and has full access to its facilities.
“Silver Member” means a User that has registered for a free or unpaid membership of the Service with limited access to its facilities.
“Service” means the online dating and communication forum known as ASAPME owned and operated by (ACN 126 897 112) at the domain address of www.asapme.com
“Subscription” means a period of 3, 6, 9 or 12 months for which a User has paid for his or her access to the Service and is capable of renewal upon expiry of the relevant period.
“User” means any and all persons that register for membership and use the Service, including those whom otherwise view, search and interact with Service on a casual and unpaid basis.
3. User eligibility and warranties
Eligible Users are required to warrant the following to be a registered User of the Service:
3.1 The User is an adult of at least 18 years of age.
3.2 The User is ordinarily resident in Australia.
3.3 The User has registered under his or her true identity.
3.4 The User is single and genuinely available for relationships.
3.5 The User is solely responsible for the information posted on his or her profile.
3.6 The User owns or has express permission from the proprietary owner of all information posted on his or her profile.
3.7 The User had read and accepted these terms of use and the privacy statement of the Service.
3.8 The User will not misuse the Service and acknowledges that uploading or using pornographic or offensive material in connection with this Service is strictly forbidden".
4. Registration & Membership
4.1 All Users must register with the Service through the online registration form in order to be permitted to search and view the Services database.
4.2 Once a User has registered a screen name for use within the facilities of the Service, the Service will be unable to alter or change the screen name and all User details will be stored within the Service’s system under the specified screen name.
4.3 The Service may, in its discretion refuse the register or revoke the registration of a screen name that impersonates another User or third party, or which the Service deems offensive.
4.4 Users may choose between two categories of membership of the Service, Silver and Gold membership:
4.4.1 Silver Members will not be required to pay any subscription fees and will be permitted to conduct simple searches of the Service’s database but will not be allowed to access communication or interaction facilities with other members.
4.4.2 Gold Members will be required to subscribe to the Service’s paid features under a payment schedule stipulated by the Service on its website from time to time, for a specified period. Upon expiry of that period, Gold Members will be required to renew their subscription to continue their use of the Service. Gold Members will have access to the full range of services and facilities offered by the Service.
4.4.3 A Silver Member may upgrade to a Gold membership at any time upon payment of the relevant subscription fee.
4.4.4 A Gold Member cannot downgrade to Silver membership until their subscription has expired.
5. Fees
5.1 All fees payable must be paid by a valid credit card of a type accepted by the Service’s online payment gateway.
5.2 If the credit card is not in the name of the User, the User warrants to the Service that he or she has the permission of the cardholder to incur the subscription fees and indemnifies the Service of any liability incurred by the misuse of the credit card.
5.3 All fees paid are non-refundable.
5.4 The Service utilises SSL (Secure Sockets Layer) certificate security and takes the usual commercial precautions to protect the User’s credit card details, however, all payments are made at the User’s own risk and the Service does not accept liability for any transactions not authorised by the cardholder.
6. User Conduct
The User undertakes and covenants that he or she will not misuse service in any manner. The User accepts that the Service may terminate the User’s subscription if, in its discretion, it deems the User to have misused the Service including, but not limited to, the User:
6.1 Failing to keep confidential or otherwise releasing, broadcasting or repeating any information received through this Service without the express consent of the owner of the information.
6.2 Engaging in behaviour, communications or conduct that could be characterised as:
6.2.1 harassment
6.2.2 offensive, abusive, threatening or vulgar
6.2.3 unlawful activity
6.2.4 infringing on the legal rights of others
Whether directed at the Service, other Users or third parties.
6.3 Soliciting goods or services from other Users or third parties.
6.4 Advertising.
6.5 Uploading, transmitting or otherwise introducing viruses, worms or other electronic devices that might harm the systems and equipment of the Service or other Users.
6.6 Posting any communication, contact or personal details within their profile by which they can be contacted outside of the Service.
6.7 Impersonating any other person or entity including the administrators, partners of agents of this Service.
6.8 Modifying, altering, diverting or attempting to use privately or commercially any part of the Service or its facilities.
6.9 Forwarding, instigating or perpetuating the sending of junk or spam emails to the Service or other Users.
6.10 Posting, uploading or distributing pornographic or offensive material on or via this Service or otherwise linking the Service to any pornographic or offensive content on other websites."
7. User Indemnity
7.1 The User agrees to indemnify and keep indemnified the Service, its partners, administrators, officers, employees and agents for any loss, damage or liability suffered or incurred by the Service as a result of the User’s use of the Service.
7.2 The User specifically indemnifies the Service for any misuse of information relating to the User, released into the public domain or emailed to any other User of the Service, whether that misuse is perpetrated by any User or agent of the Service.
7.3 The acknowledges that it is his or her responsibility to read, review and keep in mind the terms of use from time to time, including any amendments made thereto.
8. Monitoring and Termination
The Service reserves the right to:
8.1 Monitor communications, content and postings made by Users and to remove, modify or suspend same any part thereof, if the Service deems, in its discretion, that the material is inappropriate for public consumption.
8.2 Suspend access to the Service for the purpose of siteworks and maintenance
8.3 Discontinue the Service
8.4 Terminate the membership and access of any User it deems to have misused the Service; acted unethically or unlawfully; or in a repeatedly inappropriate manner.
9. Service Advertising
The Service will be entitled to use any images, postings or recordings of the User in its promotion of the Service and design of its site unless and until the User indicates that he or she does not wish to participate in such promotion. The Service may not do so in a manner that reveals any private information of the User, or otherwise identifies the User.
10. Proprietary Rights
10.1 The User assigns to the Service all copyright to the content posted in the User’s profile, including any images and waives his or her rights to be identified as the owner of that content.
10.2 The User acknowledges the all other content of the website excluding the User profiles are the property of the Service and its partners and the User agrees not to reproduce, distribute or modify any of the Service’s proprietary information without express consent.
10.3 The User acknowledges that the logo, Service and product names and any branding devices are the intellectual property of the Service and may not be reproduced without the permission of the Service.
11. Communication & Notification
Service has the right to contact you relating to the Service, its products, terms, facilities and any amendments, additions, contraventions or terminations relating thereto.
12. Service Disclaimer
The User acknowledges and accepts that the Service:
12.1 Does not guarantee or make any representation that a User will find a suitable partner using the Service.
12.2 Cannot be held responsible for the accuracy or veracity of information posted by Users.
12.3 Cannot be held responsible for any delays, interruption or suspension of the Service regardless of the cause
12.4 Any loss of consequences suffered by the User in relation to the use of the Service and recommends Users take precautions to keep their membership details private.
12.5 Makes no warranties whatsoever of any kind relating to the content on the website of the Service, the availability of the Service, exposure to obscene material, security of private information or the availability of other Users.
12.6 Disclaims any responsibility for the acts, omissions or conduct of other Users.
12.7 Will not be liable for damages for any claim made by a User beyond the amount of the subscription paid for the relevant subscription period.
13. Governing Law
These terms of use constitute a commercial agreement between the User and the Service and each party agrees that this agreement will be governed by and subject to the respective laws of the State of South Australia and the Commonwealth of Australia, where relevant. The terms of use are severable and should any specific term be held unenforceable, the remaining terms remain valid and binding.