Last updated on Wednesday 14th July, 2010
Welcome to MaritalAffair.com.au, the service for adults to meet each other online (the “Service”). Please read these terms and conditions carefully to be sure that you understand them. Once you have completed your online registration procedure, your membership has been activated and you have entered into a legally binding contract for the provision of this Service.
1. Application of these Terms
These terms and conditions (“Terms”) apply to all and any use of http://www.maritalaffair.com.au (“the Site”), the purchase of any products or services and all and any postings, emails, messages and other communications made to or using the Site.
The Site is operated by Global Personals Limited, a company registered under the laws of England, whose registered office is Minton Place, Victoria Street, Windsor, Berkshire, SL4 1EG (“us”, “we”, “Global Personals”) to deliver a service for adults to meet each other and communicate online (“the Service”)
Once you have completed your online registration procedure, your membership has been activated and you have entered into a legally binding contract for the provision of this Service.
Access of permitted on a temporary basis, and we reserve the right to withdraw or amend the Service on the Site without notice.
You are responsible for making any arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms and that they comply with them.
You must be eighteen (18) or over to register as a member of the Service or use the Site. Membership of the Service is invalid where prohibited. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into an agreement on these Terms and to abide by these Terms.
The Service is for the personal use of individual members only and may not be used in connection with any commercial endeavours. Organizations, companies, and/or businesses may not become members and should not use the Service for any purpose. Your registration for use of the Service is personal to you and you cannot transfer or sub-licence the right to use the Service without our prior written permission.
5. Registration and Subscription
Although you may register as a of member of the Service for free, if you wish to communicate with other members and use certain other parts of the Service, you must become a subscriber and pay the fees that are set out in the price list located within the Site. This price list is part of your contract with us and can be found by clicking on the “Contact us” link. We can change the subscription fees for the Service at any time but we will give you reasonable notice of this before we do so.If you are unhappy with any subscription fee changes you may terminate your membership by calling the freephone telephone number provided on the website.
We may from time to time run special offers or promotions. If you qualify for any special offer or promotion then the value of any special offer or promotion will be deducted from the cost of membership for the initial subscription period. Offer codes can only be used when paying online with a credit or debit card. When such offer or promotion expires, any subsequent automatic payments will be performed at the standard rate. Payments will show as “Global Personals” on your credit card.
For your convenience, we will automatically renew your subscription when your current term comes to an end. If you wish to cancel your subscription, please call our customer care team on our freephone telephone number at least 72 hours before your renewal date. Please find cancellation details by clicking on “Contact us”.
You agree to keep your username and password (“Login”) confidential at all times, shall take reasonable steps to prevent others from obtaining your Login and shall inform us if at any point you consider that your Login has been compromised and/or is being misused by someone else and shall take such action as is required and/or is requested by us to prevent such misuse. We have the right to disable any Login, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with the provisions of these Terms.
You are responsible for all fees relating to activities conducted using your Login up till the time that you notify us of unauthorised use of your Login.
6. Term and Termination
These Terms will remain in full force and effect while you are a member of the Service. Under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000, you can postpone commencement of the Service or access to the full subscription Service until the seven working day cooling-off period has expired and may terminate your contract with us at any point in that 7 day cooling off period by calling our freephone telephone number provided on the “Contact us” section of the website.. However, if you choose to become a member and enter the Web site, you are electing to commence the Service immediately and you thereby waive any right to cancel the Service under these regulations.
You may terminate your membership for any reason, this must be done at least 72 hours before your renewal date by calling the freephone telephone number provided.
We may immediately terminate your membership and your access to the Service because you have breached these Terms and will send you notice of termination at the email address you provide in your application for membership or such other email address as you may later provide to us. If we terminate your membership in the Service because you have breached these Terms, we will refund any pre-payments made by you less reasonable costs and losses we have incurred. We can terminate this contract at any time by giving you reasonable advance written notice.
7. Gifts and Credits
The Site offers opportunities to purchase access to various additional services such as personality profile tests and sending virtual gifts (“Extras”). These Extras may be purchased for you or as a gift for another member.
The description and the costs of each Extra are set out clearly on the Site and when purchasing Extras, these details, together with these Terms form the terms of a contract between you and Global Persons for provision of the Extra.
Extras are paid for by a virtual account of credits (“Credits”), linked to your account on the Service. This account may be topped up by you at any time by using the payment methods included on the Site and unless you request otherwise, shall be automatically topped up by automatic payments after you use your credits. Any top up of the account or instruction to automatically top up the account is a contract between you and Global Personals for the provision of Credits, which may be used to purchase Extras. Once purchased, Credits may only be used for purchasing Extras and are not refundable in any circumstance.
We shall automatically assume an instruction to automatically top up an account of Credits, whenever you have such an account and shall continue to keep the account topped up until you instruct otherwise by using the settings on the site or until your membership of the Service is terminated for any reason.
8. Intellectual Property Rights in the Site and technical use of the Service
All copyright, design rights, database right, patents, and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore (“Intellectual Property Rights”) in the Site belong to and vest in Global Personals, or are licensed to Global Personals unless otherwise specified. All such rights of Global Personals are hereby asserted and reserved.
By way of example and without limitation, you shall not:
- use any or all of the Site or the information contained therein for any purpose other than the permitted use set out above or hack, attempt to hack, distribute, modify, transmit, re-use, or re-post the same for any reason;
- make any public or commercial use of the Site without Global Personals’ prior written consent;
- provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection to the Site for profit or gain or to avoid payment (by you or others) without Global Personals’ prior written permission;
- display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party or web site without Global Personals’ prior written consent;
- process or otherwise use the information contained on or within the Site for any illegal or immoral purpose nor use or process the same unfairly.
- You must not remove or obscure any copyright notices and other proprietary notices contained on the Site.
9. Your Use of the Service and Content Posted on the Site
Illegal and/or unauthorised uses of the Web site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken at our sole discretion, including without limitation, civil, criminal, and injunctive redress.
We are entitled but not obliged to review and delete any content, messages, photos, video profiles and profiles (collectively, “Content”) that in our sole judgment violate these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other members.
You are solely responsible for the Content that you upload, create, send, publish or display (hereinafter, “post”) on the Site, or transmit to other members.
We will not be responsible, or liable to any third party, for the content or accuracy of the Content posted by you on the Site. We reserve the right to disclose your identity to any third party who claims that any Content posted by you on the Site constitutes a violation of their Intellectual Property Rights, or of their right to privacy.
By posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, disclose and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing for all purpose connected to operating and promoting the Site and the Service.
We are entitled to investigate and revoke a person’s membership if a member has misused the Service or the Site, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal or prohibited by these Terms. You warrant that you shall not post any Content to the Site that (by way of example and without limitation, although specific exclusions may apply in relation to the Site in question):
- infringes upon the Intellectual Property Rights of, or breaches any duty of confidence to, any third party;
- is technically harmful such as computer viruses, trojans, worms, logic bombs or other malicious software or harmful data;
- reveals the identity or any personal details of any other user of the Service without that users permission;
- expresses or implies that any statements you make are made or endorsed by us;
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personally identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You must use the Service in a manner consistent with any and all applicable laws and regulations.
You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You may not include in your member profile (or transmit in any non-paying membership) any personal contact information, such as telephone numbers, street addresses, last names, URLs or email addresses.
You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other members. Although we cannot monitor the conduct of our members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, we reserve the right to restrict the number of communications that a member may send to other members in any 24-hour period to a number which we deem appropriate in our reasonable discretion.
You agree to indemnify us and keep us indemnified against any costs, losses or expenses incurred or suffered by us as a result of any breach by you of any of your obligations or warranties under these Terms.
The Site is an entertainment service. Your use of this service is entirely at your own risk. You should exercise at least some degree of caution in evaluating what you see when involved in internet communication with people who are unknown to you (such as when you are using message services) and be aware that people may not necessarily be who they say they are and that people may provide information or behave in a way that is unreliable, misleading or illegal. By using this service you accept that any member profiles, messages and communication may not be genuine. That caution is particularly relevant if you are asked your surname, place of work, address or telephone number or if you are asked to arrange a meeting.
10. Associate Websites
The Service is offered through and accessible through a number of other websites in addition to the Site. By registering with the Site you acknowledge and accept that all Content that you post to the site may be searchable and available to users of the Service who access it via different web sites from the Site. You further acknowledge and accept that other members of the Service that you may view and communicate with via the Service may have registered with and accessed the Service through a number of different web sites.
Global Personals make an effort to ensure that members of the Service are not connected with other members that may be inappropriate and therefore apply various classifications to the various web sites that provide access to the Service. By registering with the site you acknowledge and accept that Global Personals may apply certain classifications to your profile due to your accessing the Service via the Site and may use such classifications to restrict:
- the availability of communication between yourself and other members of the Service;
- the availability of the details of other members of the Service to yourself; and
- the availability of your details to other members of the Service.
11. Member Disputes
You are solely responsible for your interactions with our other members. We reserve the right, but have no obligation, to monitor disputes between you and other members.
12. Our Responsibilities
We will operate the Web site for the Service with the reasonable skill and care of an online service provider.
We will do our best to maintain the operation of the Site for the Service, however, we may need to temporarily suspend the service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the service as soon as reasonably possible after any suspension.
We reserve the right to make changes to the Service from time to time provided that they do not have a material adverse effect on the quality of the Service.
If we cannot do what we have promised in these Terms because of something beyond our reasonable control (including, without limitation, disputes involving our employees), we will not be liable for this.
13. Proprietary Information
The Service contains information that is proprietary to our partners, our members and us. You may not modify, post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without having first received the express written permission of the owner of such information.
The Web site and the Service are provided on an “as-is” basis. We cannot guarantee and do not promise any specific results from use of the Site and/or the Service. We make no warranties / guarantees or representations as to the quality or fitness for a particular purpose of the Service except that we will operate the Site for the Service with reasonable skill and care of an online service provider.
All other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are hereby excluded.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us, our partners or any member or any other person or entity. You acknowledge that any reliance upon such opinion, member profile, advice, statement or information is at your own risk. We are not responsible for the conduct, whether online or offline of our members. Please use caution and common sense when using the Site and the Service.
Third party web sites with links from the Site have not been verified or reviewed by Global Personals and use and access of such third party websites is made at your own risk.
15. Limitation on Liability
To the maximum extent permitted by law, Global Personals excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such arises out of any problem you notify to Global Personals and Global Personals shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- any incorrect or inaccurate information on the Site and all interruptions to or delays in updating the Service;
- the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Site;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Site, or from transmissions via emails or attachments received from Global Personals or its licensees
- all representations, warranties, conditions and other terms which but for this notice would have effect whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit Global Personals’ liability for death or personal injury resulting from its negligence nor any fraudulent representation.
16. Modifications to these Terms
We may alter or amend our terms and conditions upon giving reasonable notice in advance of such amendment taking effect. If upon receiving any notice, if you do not wish to continue with the Service, you may terminate the contract upon giving us notice, such notice to take effect upon the earlier of our receipt of your notice or the date upon which the amended terms and conditions would otherwise have taken effect. You will be deemed to have accepted any alteration and/or amendment if you continue to use the Service after the relevant period of notice has expired.
In the event that you have any claim or action against any other member arising from that member’s use of our Site or the Service, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.
In the event that a claim or action is brought against us from your activities or use of the Site or the Service, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter at our discretion.
18. Dispute Resolution
We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, English law governs this contract and you must do so within the courts of England and Wales.
If Global Personals does not enforce any provision of these Terms such will not be considered a waiver of any provision or right.
In the event that any part of these Terms is held to be unenforceable, such part will at Global Personals’ option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.
It is hereby asserted that the Site and the Service is intended for and directed at the US and no representation or warranty is made as to whether the Site or the Service complies with the regulatory regime and local laws of any other countries.
The Site and the Service is operated by Global Personals Limited, a company registered under the laws of England, whose registered office is Minton Place, Victoria Street, Windsor, Berkshire, SL4 1EG.