Terms of Use
Introduction
This website is owned and operated by Public News Limited ABN 151 292 272 38 an Australian registered company. Our registered office is at PO Box 348 Potts Point NSW 2011
You can contact us at the following postal address:
Biglove
PO Box 348
Potts Point
NSW 2011
Please read these Terms and Conditions carefully. These Terms and Conditions cancel and replace any terms and conditions previously agreed to, even if the latter have not been expressly withdrawn or amended. By registering as a Member or using the Services (whether or not you register as a Member), you agree to be bound by these Terms and Conditions. If you do not accept them in full, you must not register as a Member nor use the Services. If you are a consumer your statutory rights are not affected by this agreement.
Registration and use of Services
You are not eligible and must not apply to become a Member if you are under 18 years of age or have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment. (Any breach of this clause is a serious breach of this agreement.) We reserve the right in our discretion to refuse any application to become a Member. You shall not become a Member until you receive email confirmation from us. The equipment (including computer, software, telecommunications systems) used to gain access to Services shall be the responsibility of the User, as shall the telecommunications or other costs incurred by their use. We may deactivate accounts of Members who have not used the Services for six months or more.
Safety and Security
We do not advise on or broker marriage or long-term relationships. Nor do we provide Internet access or an electronic communication service to the public.
We do not have the obligation or technical capacity to verify the identity of persons who register as Members or use our Services or to verify or monitor Member Content (although we do reserve the right to monitor if we think it appropriate).
You should not assume that any Member Content is accurate. A person may not be who he or she claims to be. We cannot be liable for false or misleading statements by Members. You must take appropriate steps to investigate Member Content if you intend to act on it.
When arranging to meet another person through use of the Services, you must take appropriate precautions and follow the safety guidelines. Any such meetings are at your own risk and are not our responsibility.
You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind. We are not liable if someone else uses your identity.
You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a username or password. In such case you should immediately amend your password, using the Services.
Member Obligations
You agree that you will not:
In connection with the Services breach any applicable law, regulation or code of conduct;
Publish or send any Member Content or communications to us which are false or misleading (and you agree to update Member Content to ensure that it does not become false or misleading), sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, xenophobic, abusive, unlawful, deceitful, invasive of another’s privacy, offensive, harmful, violent, threatening, harassing, stalking, defamatory, an infringement of third party intellectual property or other rights or which encourage or assist any of the foregoing; reveal through the Services any information that enables you to be personally identified or contacted other than through the Services including last name, postal / email address or telephone number;
disclose or make accessible to any third party any username(s), password(s), activation code(s) or similar information allocated to Members or use them for any purpose other than authentication for the Services. Provide email addresses to us of other persons or publish or send any Member Content referring to other persons without having obtained their prior consent; publish or send any Member Content which links to any third party websites which are illegal or contain inappropriate content; use the Services for any commercial, professional or non-private purposes (including advertising, canvassing, soliciting, trading, prostitution);
use the Services for junk mail, spam and pyramid or similar or fraudulent schemes; do anything which may have the effect of disrupting the Services including worms, viruses, software bombs or mass mailings attempt to gain unauthorised access to any part of the Services or equipment used to provide the Services;
or use the Services other than for the purposes set out in these Terms and Conditions and that any breach of the foregoing constitutes a serious breach of this agreement (without prejudice to any other serious breach of this agreement which may occur). You agree to comply with any guidelines or requirements on our Site as well as any reasonable request or instructions by us in connection with the Services. You must notify us in writing immediately if you become aware of any inappropriate behaviour in connection with the Services.
Member Content
It is your responsibility to decide which information to publish or send via Member Content. Dating Direct cannot be held liable for any misuse thereof by any other User or third party.
We are not liable for Member Content or other activities of Members, which may breach the rights of other Users or third parties.
We permit Members to notify us of inappropriate Member Content. You acknowledge that such notification may take place and that we may take steps outlined in these Terms and Conditions in respect of such information, which comes to our attention.
We reserve the right not to accept or to suspend or remove from our Services all or part of any profile, personal ad or any other Member Content for any reason.
We reserve the right to irretrievably delete messages and other Member Content after any period stated in our FAQs or if we exercise any right of termination under this agreement.
Intellectual property rights
The trade marks, logos, graphics, images, photographs, animation, videos, text and software used in the Services are the intellectual property of us or our partners and your right of use is strictly limited to accessing, downloading, printing and reproducing on all media for your own personal, private and non-commercial use of the Services within the scope of these Terms and Conditions. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (except insofar as permitted by applicable law) such content without our prior written consent.
You may not link to our Site or include it in part or in whole within another external website without our prior written consent.
You grant us a worldwide, perpetual, non-exclusive, royalty-free licence to use (including for publicity), copy, alter, adapt, translate, display, sub-licence or assign your Member Content on or via our Services or otherwise and on any distribution media including electronic media (including email, SMS, MMS, WAP, Internet, CD-Rom or DVD-Rom), and audiovisual communications media (including press, radio, analogue television, digital television, cable or satellite). You waive your moral rights in relation to Member Content.
You may not copy or otherwise use any Member Content of other Members except insofar as strictly necessary for your own personal, private and non-commercial use of the Services within the scope of these Terms and Conditions.
Functioning of Site and Services
To properly use the Services, you must have the necessary hardware, software and settings specified. You will also need reliable internet access.
We do not guarantee that our Services will be uninterrupted or error-free or will achieve particular results nor do we guarantee the integrity or security of data. We will use our reasonable endeavours to rectify faults if they do occur.
We reserve the right to suspend the Services at any time without notice for repair, maintenance, improvement or other technical reason.
We reserve the right to change the Services provided such changes do not have a material adverse effect on the quality of the Services.
Termination
You may at any time terminate your registration with us by requesting closure of your account in the designated part of our Site. We will implement such a request as soon as reasonably practicable. Without prejudice to any other provision in this agreement (including any right of ours to claim damages), we at any time may suspend or terminate your registration:
Immediately without notice or refund if in our reasonable opinion:
a) You have committed a serious breach of this agreement; or
b) Any Member Content published or sent by you or your continued registration is damaging or potentially damaging to our business or other Users; or
if you fail to comply with an email from us giving you seven days to comply with this agreement; or
Without cause on seven days notice by email.
We will notify you by email of any suspension / termination of your registration (or of confirmation thereof). Following such notification, you must not attempt to re-register as a Member or to use our Services except where we notify you that a suspension is lifted.
Changes to the Terms and Conditions
We may change these Terms and Conditions at any time by posting the revised version on the Site. Please check the Terms and Conditions whenever you visit the Site. You will be bound by the revised Terms and Conditions if you continue to use our Services following the effective date shown on the revised Terms and Conditions.
Third party websites
Third parties or we may provide links on our Site to third party websites. You use them at your own risk. We do not review such sites. We do not recommend or endorse such sites nor are we responsible for the content of those sites or any goods or services offered thereon. If in the course of performing a search on our site you encounter any third party website the use of which would violate applicable law, you must immediately cease use of such website.
Limitation of liability
This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything, which may not legally be excluded or limited.
You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.
We shall not be liable for any damage to a User caused or contributed to by that User, for example by not complying with these Terms and Conditions.
In no event (including our own negligence) will we be liable for any:
• Economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
• Loss of goodwill or reputation;
• Special, indirect or consequential losses; or
• Damage to or loss of data (even if we have been advised of the possibility of such losses).
Indemnity
You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this agreement and/or to your use of the Services.
General
Headings in this agreement are for information only and are not binding. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control. This agreement constitutes the entire agreement between you and us in connection with the Services. We may assign all or part of our rights or duties under this agreement;
you may not do without our prior written consent. Any failure by us to exercise or enforce any right or provision of this agreement does not constitute a waiver of it. If any part of this agreement is deemed void or ineffective for any reason, the remainder shall continue in full force. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 unless expressly stated otherwise in this agreement.
Law and jurisdiction
Australian law shall govern this contract and only the Australian courts will decide any disputes.