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TERMS OF USE


These terms of use (“Terms”) apply to all Members of www.findmydream.com.au. Your use of the website indicates acceptance of these Terms, as well as any and all general terms and conditions, disclaimers and our Privacy Policy, posted on our website and amended from time to time. We may change these Terms at any time. If we do, an amended version of the Terms will be posted on our website. You are responsible for ensuring that you regularly review the Terms and your continued use of the website after any changes are made to the Terms will be deemed to constitute your acceptance of those changes. If you do not accept the amended Terms you must stop using the website and cancel your membership.

HOW IT WORKS


Findmydream.com.au is a meetup website. You need to register and become a Member in order to view the profiles of any Member or to contact a Member with a view to arranging a meeting.

You must first register as a Member and choose a package subscription to access our website and be able to view and send correspondence to other Members.

You can choose a paid subscription for 1, 3 or 6 months. This will give you full access to our Services and you will be able to create and post your Member profile and communicate with other Members via our website portal and internal messaging system.

We also offer an additional ‘top advertisement’ subscription option. If you have registered on our site, you can pay an additional fee to have your profile show up in the upper section of the advertisements on the website. This top advertisement option is in addition to the premium subscription or as a paid subscription on its own and is offered for 1, 3 or 6 months.

When your paid premium subscription expires, you will no longer have access to our website portal and internal messaging system. You may purchase a new subscription option when your subscription expires. If you purchase a new premium subscription within three months of the expiry, your Member profile will be maintained. If you do not purchase a new subscription within three months of the expiry, your Member profile may be deleted, your information will be lost and you will need to create a new profile if you purchase a new subscription after this time.

We do not publish any contact details of our Members. If you are interested in further communicating with other Members, you can exchange contact details via the messaging system and real time chatting facility to arrange further communications and possible meet ups.

DEFINITIONS


“Content” means any and all material, links, words, images including, but not limited to, any content a member submits, or links to the website.

“Member” means any user that registers and becomes a member to use our Services.

“Services” means the ability to post a profile and to communicate, contact and meet other Members via the website portal and internal messaging system.

“we”, “us” means findmydream.com.au (ABN 166 307 679 30) and includes all directors, employees and affiliates.

“website” means www.findmydream.com.au.

“you” means any visitor or user of our website, and includes all Members.

MEMBERSHIP


Membership of findmydream.com.au is subject to the following terms and conditions:

1. You must be at least 18 years old and no more than 70 years old to become a Member;

2. You warrant that all information you provide is true, correct, complete and up-to-date. It is your responsibility to inform us of any changes to that information, and you may do this at any time by updating your details on our website;

3. You must not share your password or login details with any other person or authorise others to use your membership account; the website is for your sole, personal use only;

4. You must not assign or otherwise transfer your account to any other person.

If you wish to become a Member and make use of our Services, you must register and set up an account. You need to first fill in your registration details that are required in the online form to gain access. You need to provide your name, DOB, sex, address, phone and email to register. Your personal details must be true, correct, current and complete. We have the right at our sole discretion to request further information to verify your identity at any time.

PAYMENTS


To gain full access to the website, registration is required and you must become a Member by choosing a Membership option and pre-paying your Membership. Subscriptions for Membership to gain access to our Services may be purchased for 1, 3 or 6 months. Payments must be made by debit card, credit card or PayPal in advance.

By providing your debit card, credit card or other payment details, you authorise us to deduct all fees from your account on a recurring regular basis unless you or we cancel your Membership in accordance with the below Cancellation terms. We do not process any payments on or through the website nor do we store credit card information on the website. For all transactions on our website we use a third-party payment processor with secure payment technology.

REFUNDS


We do not offer any refunds except as required under the Consumer and Competition Act 2010 (Cth) the Australian Consumer Law (ACL). The ACL may confer you with rights in relation to refunds of the Services which cannot be excluded, restricted or modified. For example, if you cannot browse in the web portal or post an advertisement due to any technical fault which may arise, we will refund you the amount you have paid us for the most recent registration fee and/or advertisement fee. If the technical fault is minor, or lasts for a short period, we may re-supply the Services to you, at our option. If you cancel your membership, or if we terminate your membership we do not offer refunds of any registration fees or advertisement fees.

CONTENT


You are solely responsible for all Content, including but not limited to all profile advertisements you post on or send via our website or otherwise to any Member, user, visitor or third party. We are not responsible for and accept no liability for any Content transmitted through or posted on our website by any person, Member, advertiser, or third party. The Content required by us to create a profile advertisement includes a suitable photo of yourself, your first name, age, occupation, country of residence, a short explanation of yourself, and what you wish for in a partner. You may also indicate your religion and caste or race or other sensitive information. Please see our Privacy Policy for how we deal with this sensitive information. You must not include your last name, any contact details, date of birth or email address in any advertisement.

You must not post on or send via findmydream.com.au message service or transmit in any way to any Member by any means any Content that we may deem to: • be defamatory, abusive, obscene, offensive, hateful, intimidating, threatening, profane, misleading, or unlawful;

• contain nudity, or images of any person other than yourself;

• constitute junk mail or bullying;

• infringe a third parties’ rights;

• breach any other laws.

You acknowledge that by uploading Content to our website, you grant us a worldwide, non-exclusive, sub-licensable, royalty-free, irrevocable and perpetual licence to:

• use, reproduce, distribute, display, publish and adapt any part or all of the Content;

• publicly promote, endorse or market the Content in any way whatsoever;

• perform or carry out any actions associated with achieving any of the above.

In addition, you warrant that any “moral rights” pursuant to the Copyright Act 1968 (if any) pertaining to any Content have been waived.

AGREEMENT FOR MEMBERSHIP


To use our website, you acknowledge and agree to the following:

• We are a facilitator only for the purposes of permitting Members to communicate and arrange to meet and respond to a meeting request. We are not responsible for and accept no liability for any engagement, relationship, meeting or experience;

• We are not responsible for nor are we in any manner affiliated with any particular Member; beyond providing the Member with access to our Services;

• You use our Services at your own risk. We are not responsible for any Member or user of our Services nor any action or inaction that may happen as a result of your use of our Services;

• You need to ensure you take all reasonable care regarding your personal security when using the Services and, in particular, when providing any personal details and ensuring your own safety;

• You need to make all your own individual enquiries before contacting any other Member. We do not do any checks on any Member at any time and cannot verify the information provided by any Member. We are not responsible for any false, misleading, incorrect or otherwise inaccurate Content;

• You agree you will use the Services in good faith and will not stalk, defame, abuse, threaten, harass or otherwise cause distress or violate any rights of any person; and

• You agree not to commit any criminal or illegal offence or crime or violate any law of any jurisdiction.

You further warrant:


• You shall not impersonate another person, use a false name or name you are not legally authorised to use, create a false identity, or otherwise attempt to mislead another as to the identity or origin of any correspondence or communications relating to your use of our Services;

• You shall not knowingly provide inaccurate, misleading or false information to any other Member or user of our website; and

• You indemnify us and will take over and manage any claim by any Member or third party against us which arises as a direct or indirect of your actions or use of our Services.

All users further warrant that:


• You will not post anything to our website that contains viruses, codes, files or programs that are designed to or may interrupt, damage, limit or destroy the functionality of our or other computer software or hardware; and

• You will not use our Services either directly or indirectly for any illegal, inappropriate or other purpose which is not in good faith.

DISCLAIMER


Members contact other Members and use our Services entirely at their own risk and discretion. We assume no control or supervision over any communications or meetings attended, or arranged via the website, and at no time do we pass on any contact details or personal data of any Member.

We are not responsible for any communications, meetings, marriage proposals, relationships or engagements between Members or users. We are a facilitator only, and are in no way involved in any communications, meetings, venues, relationships or otherwise. We do not guarantee any friendship, meeting, or any relationship will be successful. We also do not guarantee that you will receive positive, or any responses to a profile advertisement.

Please carefully consider the personal and sensitive information you share to the website or another Member. We are not responsible for the use of any information that you choose to post on the website. It is possible for Members to obtain personal or sensitive information about you, and for the Member to use such information to harass or injure you. It is also possible that Members may post offensive or obscene materials on our website and you may be exposed to such materials.

We are not liable in any manner for any loss or damage you may suffer whether direct, indirect, consequential, or special at any time which may result from any relationship, experience, meeting, or interaction with any other Member or user, or your use of our Services or the website, or as a result of the information or Content posted on our website. The loss and damage includes, but is not limited to, any physical injury, death and/or psychological or emotional damages, and any and all financial losses.

We also have no affiliation with any advertiser on this website, or any third party providers of goods and services and are not liable for any third party provider of any related services.

LIMITATION OF LIABILITY


ACL: Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Our liability is governed solely by the ACL and these Terms. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights, all Services are provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Services: To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the most recent registration fee and/or advertisement fee.

This limitation of liability clause includes any reliance by you on the information on the website, access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on any Services. While we endeavor to keep the website up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any of the Services for any particular purpose and provide it for your informational purposes. Any reliance you place on such information is therefore strictly at your own risk.

You further indemnify us against any claim, loss and damages or costs whether direct or indirect made against or suffered by us in connection with your use of our website, your breach of these Terms or your breach of any third party rights, including, but not limited to, third party intellectual property rights.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.



MODIFICATION OF WEBSITE AND CONTENT


We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.

We also reserve the right at any time and from time to time to restrict your contact with a particular Member, or particular groups of Members, for example, if they are out of your age range, have different preferences or there are other specifications.

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the website becomes unavailable for any lengthy and unusual time period.

INTELLECTUAL PROPERTY


All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours.

All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or anything you access through our Services.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

CANCELLATION AND TERMINATION


TO CANCEL YOUR MEMBERSHIP: You are solely responsible for cancelling your Membership through our website. You must do so through your own account, by deleting your account using the ‘account delete’ button. Your information, profile and images will be deleted from our database. You also are responsible for cancelling your recurring debit payment through PayPal.

If you wish to recommence and join our website and Services again, you will be required to set up a new account, resubmit your information and any advertisement you may wish to include.

We do not offer refunds of any Membership fees or advertisement fees in the event of cancellation.

discretion. If we have reasonable grounds to suspect the information you provide in your profile or via our website is untrue, inaccurate or incomplete, or that you have breached any Terms, or for any other reason including if, in our opinion, you are not using our Services or our website in good faith, at our sole discretion we have the right to immediately withdraw your access of our website, use of the Services and terminate your account. We may also deny the use of our Services to you in the future.

We may also cancel your Membership and terminate your use and access to the website if we receive complaints that you are misusing, abusing or otherwise violating these Terms or general good faith use of our Services.

Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate and delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or loss or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension including but not limited to any lost files, information or personal details. We are also not required to refund any Membership fees or advertisement fees for any termination.

GOVERNING LAW


These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.