Adultmatchmaker.com.au 

Terms of use

1. About this web site

This is a web site operated by Giga Pty Ltd (ABN 68079638547) (‘Giga’) under the domain name www.adultmatchmaker.com.au (“Web Site”).

Your use of the information, graphics and material on the Web Site (“Content”) is governed by these Terms of Use.

2. Restricted Access

Access to the Web Site is only available to registered users. To become a registered user follow the on screen prompts after clicking the Join Now link.

3. Eligibility

You must be eighteen years of age or over to become a registered user or use the Web Site.

By using and/or viewing the Web Site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 18 years (or the age of adult in your location if the adult age is not 18 years).

4.  Warranties, Representations and Acknowledgements

By accepting these Terms of Use you are acknowledging, warranting and representing to Giga that:

4.1     You are an adult of at least 18 years (or the age of adult in your location if the age of adult is higher than 18 years).

4.2     You will not permit any person(s) under the age of 18(or the age of adult in your location if the age of adult is higher than 18 years) to have access to any of the material contained within this Web Site

4.3     The Web Site is provided for adults who are interested in and wish to engage in online dating to meet other adults and by accessing the Web Site you may have access to visual images, verbal and written descriptions and audio sounds of a sexually oriented, and erotic nature. The Content which is available within this Web Site may include graphic visual depictions and descriptions of nudity and should not be accessed by anyone who is younger than 18 years (or the age of adult in your locality if more than 18 years) or by anyone who is offended by such materials or who does not wish to be exposed to such materials.

4.4     Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors.

4.5     You are voluntarily choosing to access this Web Site, because you want to view, read and/or hear the Content which is available, for your own personal enjoyment, information and/or education.

4.6     This Web Site is subject to and governed by the provisions of the Schedule 5 of the Broadcasting Services Act 1992 (Cth) – ‘Online Service’ which prohibits certain content from internet sites hosted in Australia (‘Prohibited Content’). Prohibited Content on this Web Site is content that has been refused classification (RC Classification”) or is classified ‘X’ (“X Classification”) by the Commonwealth Office of Film and Literature Classification (‘OFLC”).

4.7     The Content you are permitted to post on this Web Site is limited to R18+ Restricted (R18+ Classification”) as classified or would be classified by the OFLC.

4.8     In determining the classification to be applied to online content the OLFC is guided by the Guidelines For The Classification of Films And Videotapes (as amended from time to time) and approved by the Commonwealth, State and Territory Censorship Ministers in accordance with Section 12(3) of the Commonwealth Classification (Publications Films and Computer Games) Act 1995 (“OLFC Classification Guidelines”). A complete copy of the OLFC Content Guideline is available by following this link: http://www.oflc.gov.au/resource.html?resource=62&filename=62.pdf

4.9     Giga cannot control all Content published or disseminated on the Web Site. You may find other members communications, graphics, audio files or other information inappropriate, offensive, harmful, inaccurate, dishonest or misleading and deceptive, however, you alone are solely responsible for your use of the Web Site and interaction with other members and agree to act responsibly and exercise caution, common sense and safety when using the Web Site.

4.10    You are familiar with the standards in your community regarding the acceptance of such sexually oriented material, and the material you expect to encounter is within those standards.

4.11    In your judgment, a reasonable adult in your community accepts the consumption of such material by willing adults in circumstances such as this which offer reasonable insulation from the material for minors and unwilling adults, and will not find such material to appeal to a prurient interest or to be patently offensive.

4.12    You will not use and/or view the Web Site in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.

4.13     You will not use the Web Site in connection with any commercial endeavours which may be illegal or unauthorised including but not limited to the followings:

  • unauthorized framing of or linking to the Web Site or its pages.
  • being involved in the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming";
  • soliciting passwords or personal identifying information for commercial or unlawful purposes from other users;
  • sending advertisements in chat or instant messaging messages;
  • engaging in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
  • promoting an illegal or unauthorized 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; and
  • providing instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.

4.14    You will fairly and correctly represent yourself on the Web Site. This includes but not limited to falsifying gender, impersonating another person, accessing to someone else’s account, and using photos that are not yours.

4.15    You will be civil and polite to other registered members and not be rude to them, disparaging of them, offensive to them or abusive to them and will not engage in illegal and/or offensive conduct to other members. Conduct and contents that are not acceptable on this Web Site include but not limited to are:

  • 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 or invades their privacy;
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; and
  • provides content that involves cursing, swearing, incest, violence, necrophilia, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality;

4.16    You acknowledge that you may not disclose nor share your password to your account with anyone and you are solely responsible that you take reasonable actions to avoid this from happening with or without your consent. This includes but not limited to store password in a secure place and to make sure that the computers and the internet access you use to access the Web Site are regularly checked for and properly protected against hacking, computer virus, spyware and other malware. You further acknowledge that losing control of the account intentionally or otherwise will result in your losing substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Giga is not held liable for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defense or settlement costs) whatsoever arising out of your losing control of your account.

5. Fees/Termination:

5.2     Usage of the Web Site is subject to payment of fees stipulated by Giga for the Web Site

5.2     Giga reserves the right to alter the fees from time to time such alterations to become operative from the date declared or in the case of existing users upon expiry of their current registration.

5.3     Notification of changes to fees will be given to you by electronic notice.

5.4     Giga may without reason, terminate your access to the Web Site without notice. Without limiting this right of Giga, Giga may also restrict or terminate your access to the Web Site without notice if you breach any of the warranties or representations referred to in clause 4, including clause 4.14 and clause 4.15.

5.5     You will not be entitled to a refund of your fees paid or pro rata part thereof if your membership is terminated for a breach of the Terms of Use. This clause shall not merge upon termination of this agreement.

6.  Copyright and Trademarks

6.1     The copyright in this Web Site, its look and feel, the material, information, profiles, photos, audio sounds and all other content (together, “the Content”) on this Web Site is owned by Giga. Giga reserves the right to use the Content for the purpose of promoting the Website.

6.2     This clause 6.2 is subject to clause 6.3. Except where necessary for viewing the Content on this Web Site on your browser, or as permitted under the Commonwealth Copyright Act 1968 or other applicable laws or these Terms of Use, no material on this Web Site may be reproduced, adapted, uploaded, to a third party, linked to, framed, in public, performed in public, distributed or transmitted in any form by any process without specific written consent of Giga.

6.3     Giga does not permit the Content or any part of the Content to be copied by you or any registered user into any medium for any reason (except for the purpose of viewing on your screen in accessing the Content). You and all registered users, in accessing the Content, agree not to exercise any rights that you or any registered user may have under s40 of the Copyright Act 1968 (as amended) in relation to fair dealing for the purpose or research or study.

7.       7. Privacy

Use of the Web Site is governed by Giga’s Privacy Policy, which may change from time to time upon electronic notice to you.

8. Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, Giga nor any of its directors, employees, servants or agents is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referrable to the Content on the Web Site whether in contract, tort, negligence, statue or otherwise.

9. Governing Law

The Web Site and the terms of use for the Web site shall be governed by and construed in accordance with the laws of the State of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction. Nothing in this   clause is intended to oust the laws of the Commonwealth of Australia and the jurisdiction of the Federal Court of Australia.

10. Notices
Notices regarding the Web Site shall be forwarded to Giga Pty Ltd
PO BOX 1026
North Sydney
NSW 2059

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