1.1 In these terms and conditions:
(a) “us”, “we”, “our” or “Website” means befunbewild.com.au
(b) “you” and “your” means a user or member of befunbewild.com.au
2.1 Befunbewild.com.au is a private online club for couples and single girls. We aim to bring together like-minded people that meet the high standards expected by our members.
3.2 Please read these terms and conditions carefully. If you have any questions please contact us at firstname.lastname@example.org
3.3 We may change these terms and conditions at any time. If we do, we will post an amended version of these terms and conditions on the Website.
4. MEMBERSHIP AGE
4.1 You must be at least 18 years old to become a member of the Website. By applying for membership you represent and warrant that you are at least 18years old.
4.2 We will review your Membership Application and decide if you meet our membership criteria and if you are likely to be a good fit with our other members and we will accept or reject your Membership Application on this basis.Membership is entirely our discretion and no correspondence will be entered into.
4.3 We will contact you by telephone to verify the accuracy of the information provided in your Membership Application.
5.1 If your Membership Application is approved by us your membership is for your sole personal use only. You may not authorise others to use your membership and you may not assign or otherwise transfer your membership to another person or entity.
5.2 You are wholly responsible for all activity that occurs under your Website member name and password and agree to immediately notify us of any unauthorized use of your website member name or password.
5.3 You may terminate your membership at any time by deleting your profile.
6. INVITE A FRIEND
6.1 The “Invite a friend” feature of the Website allows a member to send anon-member friend(Friend) an invitation to become a member of the Website.
6.2 When a member uses the “Invite a Friend” feature the Friend will be emailed link to a web page of the Website which will allow them to join as a member automatically without completing a Membership Application.
6.3 Any Friend invited by you using the “Invite a Friend” feature is your responsibility. By using the “Invite a Friend” feature you warrant that:
(a) the Friend is at least 18 years old; and
(b) in your reasonable judgment the Friend meets our membership criteria as stated on the Website, is likely to be a good fit with other members, is of good character and will abide by these Terms and Conditions.
6.4 In addition to our rights under clause 9 we reserve the right, at our discretion and without limitation, to: (a) identify any member that has used the “Invite a Friend” function and make enquiries of that member about their use of this function and the Friend(s) whom they have invited to join the Website;
(b) identify any Friend that has been invited to become a member, or has become a member, and make enquiries of that Friend to ascertain whether that Friend meets our membership criteria and is likely to be a good fit with other members;
(c) terminate the membership of any Friend that becomes a member through the “Invite a Friend” function; and
(d) terminate the membership of any member that has used the “Invite a Friend“function.
7. PROFILE and PHOTOGRAPHS
7.1 If your Membership Application is approved you will be authorised to create a member profile for yourself. Your member profile must contain written information about you and a photograph of you. Your profile photograph may be made visible to non-members in accordance with clauses 7.1 and 7.2 below.
7.2 From time to time we may display on the Website a selection of profile photographs of our members visible to non-members (Display Photos). We may use your profile photograph as a Display Photo.
7.3 From time to time we may select members as “Star Members”. If you are selected as a Star Member your profile photograph will be made visible to non-members.
7.4 At all times your written profile will be made visible only to members.
8. YOUR OBLIGATIONS
8.1 You agree that all information provided in your Membership Application and posted by you on the Website is:
(a) accurate, true, complete and not misleading; and
(b) will be regularly updated by you so that it remains accurate, true, complete and not misleading.
8.2 You agree that you will not use the Website or any Offline Activities to:
(a) engage in any form of offensive, illegal or unlawful activity including without limitation:
(i) posting or transmitting any information, pictures or other material which is abusive, racist, pornographic, obscene, threatening, libellious, or slanderous;
(ii) harassing another member in any way;
(iii) predatory sexual behavior of any kind;
(iv) infringing the privacy rights, intellectual property rights or other rights of any person;
(b) promote another website, service or business;
(c) buy or sell product or services through the Website;
(d) post any chain letter or junk e-mail to other members;
(e) distribute or propagate any virus, trojan horses or do anything else that may adversely affect the Website or cause harm to other members’ equipment, systems or content.
9.1 We reserve the right, at our discretion and without limitation, to:
(a) remove or modify any information, material or photograph you post on the Website;
(b) review and modify your member profile;
(c) suspend your membership;
(d) permanently or temporary hide all or part of your member profile;
(e) terminate your membership; and
(f) permanently or temporary block your access to all or part of the Website.
10. FEES and FEATURES
10.1 We may decide to charge a fee (or change any existing fees that apply) for membership of the Website or any feature of, or service provided by, the Website at any time. If you are unhappy with any such fees you may terminate your membership by emailing us at email@example.com.
10.2 We reserve the right to change or discontinue any service or feature of the Website in whole or part at any time.
11. EXTERNAL ACTIVITIES
11.1 From time to time, we may promote, advertise or conduct events or activities that may be conducted offline (Offline Activities). You acknowledge and agree that your participation in Offline Activities is entirely at your own risk.
11.2 We reserve the right at our discretion to:
(a) refuse entry to any member or non-member at any Offline Activity;and/or
(b) remove any member or non-member from any Offline Activity.
11.3 Offline Activities that we promote or advertise may be conducted by third parties and/or held at third party venues. We are not responsible for any such third parties refusing entry to any member or non-member at any Offline Activity or removing any member or non-member from any Offline Activity.
12. INTELLECTUAL PROPERTY
12.1 The Website contains copyright material and other intellectual property belonging to, or licenced by, us. You may not use, copy, publish, store, modify,transmit, distribute, display, link to, pass off or sell any such intellectual property without our prior written consent.
12.2 You may not use, copy, publish, store, modify or transmit, in any form or by any means, in whole or in part, any content posted by a third party on the Website without the express permission of the relevant owner of that content.
12.4 You warrant that any content that you post or transmit using the Website will not infringe the intellectual property rights of any third party.
13. NO GUARANTEE
13.1 Although we aim to verify the accuracy of the information provided by our members, we do not guarantee, and are not responsible for the quality, truth, accuracy or legality of content posted by members or the safety of members.
13.2 We do not warrant that the Website or Offline Activities will meet your requirements or expectations, or that the Website will be free from error, available or that access will be uninterrupted. To the maximum extent permitted by law we exclude all warranties of any kind whatsoever express or implied including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
14. THIRD PARTY WEBSITES and ADVERTISING
14.1 From time to time, the Website may display links to websites operated by third parties. Such websites do not form part of our Website and are not under our control. We do not accept any responsibility for the content of any third party website.
14.2 From time to time, the Website may display third party advertising. By featuring or displaying such advertising we do not in any way represent that were commend or endorse the relevant advertiser, its products or services.
15.1 You acknowledge that your use of the Website and participation in Offline Activities is entirely at your own risk.
15.2 In no circumstances will we be liable for any loss, damage, cost or expense that you or any third party may suffer or incur arising in connection with the use of the Website or Offline Activities including without limitation:
(a) any indirect, punitive or consequential loss or damages, loss of incomes, profits,goodwill, data, contracts, use of money; or
(b) any loss or damage arising from or in any way connected to business interruption of any type whether in tort, contract or otherwise; or
(c) any physical damage, bodily injury or emotional distress including without limitation damages arising out of your communications and/or interactions with any other members of the Website or any individual you meet in connection with the Website or Offline Activities.
15.3 To the extent our liability cannot be excluded by law our maximum liability to you will be limited to: (a) in relation to liability in connection with the Website, the amount paid by you (if any) for any chargeable service or feature on the Website purchased by you during the term of your membership;
(b) in relation to liability in connection with Offline Activities, the amount paid by you (if any) for your participation in the Offline Activity.
15.4 You will indemnity us for any loss, damage, cost or expense that we may suffer or incur arising in connection with your use of the Website or your participation in Offline Activities including without limitation any breach by you of these terms and conditions.
16.1 If any provision of these terms and conditions is invalid or unenforceable under the law the remaining provisions will continue in full force and effect.
16.2 These terms and conditions will be governed by the laws of New South Wales.
EXCLUSIVE AND PERSONAL