1 DEFINITIONS
In these Terms & Conditions:
1.1 “Applicant” means a person applying for Membership.
1.2 “Apps” means the iOS application and the Android application or any other mobile device software applications which may be offered from time to time.
1.3 “Member” means any person whose Membership has been accepted by ATTRACTIVE WORLD and whose Membership remains valid for the time being. The term ‘Member’ includes free Members and paying Members, as the context requires.
1.4 “Membership” means the entitlement to the Services by virtue of being a Member. Such entitlement may vary depending on whether the Membership is a paid Membership or a free Membership.
1.5 “Privacy Policy” means the privacy policy available at http://www.attractiveworld.com/en-au/aw/privacy, which combined with the Terms & Conditions represent the Agreement between you and ATTRACTIVE WORLD.
1.6 “Services” means the services provided by ATTRACTIVE WORLD by any means, including, but not limited to, the Website, the Apps, or any other technology.
1.7 “Terms & Conditions” means the terms and conditions of use of the Services which, together with the Privacy Policy, represent the Agreement between you and ATTRACTIVE WORLD, as varied and as amended by ATTRACTIVE WORLD at its full discretion at any time and published on the Website.
1.8 “User” means any Applicant, Member and/or Visitor.
1.9 “Visitor” means any person who browses the Services.
1.10 “Website” means the ATTRACTIVE WORLD website at http://www.attractiveworld.com/ and its subdomains.
2 INTRODUCING ATTRACTIVE WORLD
2.1 ATTRACTIVE WORLD is an online dating service which connects singles to one another.
2.2 ATTRACTIVE WORLD is a brand belonging to and operated by Spark Networks Services GmbH, with registered address at Kohlfurter Straße 41/43, 10999 Berlin.
2.3 ATTRACTIVE WORLD is open for Membership to everyone – subject to approval of an application by Members and ATTRACTIVE WORLD according to these Terms & Conditions.
2.4 ATTRACTIVE WORLD requires all Users to undertake to abide by the Privacy Policy and these Terms & Conditions, including, in particular, by agreeing to and complying with the ‘Non-Discrimination Commitment and Code of Conduct’ in clause 5.2 below.
2.5 ATTRACTIVE WORLD offers Members, approved for Membership by other Members and by ATTRACTIVE WORLD, the possibility of meeting one another.
2.6 Members contribute directly to the development of ATTRACTIVE WORLD.
2.7 ATTRACTIVE WORLD does not conduct marriage broking services.
2.8 Although ATTRACTIVE WORLD verifies its Applicants and Members in accordance with these Terms & Conditions, ATTRACTIVE WORLD cannot be held liable for false declarations made by an Applicant or Member. It is thus important to take certain common-sense precautions when meeting with another Member. For example, consider informing a close friend or relative of any meeting and plan your first meeting in a public place.
2.9 ATTRACTIVE WORLD cannot be held liable for actions of any nature committed by any User, including any such actions in the course of any events which are organised by ATTRACTIVE WORLD or by others using the Services.
3 CONDITIONS OF REGISTRATION FOR ADMISSION
3.1 In order to be an Applicant to ATTRACTIVE WORLD, you must certify that you are an adult (aged at least 18) at the time of submission of your application.
3.2 Once your application has been submitted via the application form, a voting period shall begin during which Members have an opportunity to ask you questions in order to get to know you better.
3.3 Following your application, you shall be informed of the status of your application.
3.4 You must undertake to comply with the Privacy Policy and these Terms & Conditions, including the ‘Non-Discrimination Commitment and Code of Conduct’ in clause 5.2 below.
3.5 If you do not accept the Privacy Policy and these Terms & Conditions, and in particular the ‘Non-Discrimination Commitment and Code of Conduct’, you are not entitled to apply for Membership to ATTRACTIVE WORLD nor to access our Services.
3.6 ATTRACTIVE WORLD reserves the right to offer admission to its Services in its full discretion.
4 CONDITIONS OF ADMISSION TO ATTRACTIVE WORLD
4.1 Admission to Membership of ATTRACTIVE WORLD is based partially on approval of an Applicant’s application by Members, which comprises the registration form as well as the Applicant’s replies to questions from Members.
4.2 ATTRACTIVE WORLD reserves the right to accept or reject an Applicant’s application in its sole discretion at any time.
4.3 Once Applicants are admitted as Members to our Services, those Members may become voters on applications submitted by Applicants.
4.4 You acknowledge:
4.4.1 that these Terms & Conditions and the Privacy Policy form an Agreement between each User and ATTRACTIVE WORLD (Agreement);
4.4.2 and agree that as a Member of ATTRACTIVE WORLD you may be part of an online community that includes other websites, mobile device software applications and/or any other mobile or web services or applications owned, controlled, or offered by Spark Networks Services GmbH or its affiliates. Profiles on our Services may be viewable on affiliated websites, mobile device software applications and/or other mobile or web services or applications (affiliated services) and users of those affiliated services may be able to communicate with ATTRACTIVE WORLD Members;
4.4.3 that ATTRACTIVE WORLD reserves the right to amend these Terms & Conditions and the Privacy Policy from time to time; and
4.4.4 that if you object to any provision of these Terms & Conditions and/or the Privacy Policy (as applicable from time to time) you must immediately cease accessing and using our Services.
5 NON-DISCRIMINATION COMMITMENT AND CODE OF CONDUCT
5.1 Each User undertakes to comply strictly with all local laws and regulations, as well as with these Terms & Conditions.
5.2 Each User irrevocably undertakes to refrain from:
5.2.1 Basing any voting or other decision for admission of an Applicant to ATTRACTIVE WORLD on the basis of that Applicant’s real or supposed: age, race, color, ethnicity, national origin, sexual orientation, religion, gender identity, family situation, pregnancy, physical appearance, surname, state of health, disability, genetic characteristics, personal beliefs, political opinions or union activities;
5.2.2 Using the ATTRACTIVE WORLD Services for any professional or commercial purposes, whether directly or indirectly, including offering, soliciting or promoting chargeable goods or services or financial compensation. Prostitution is formally prohibited on our Services;
5.2.3 Engaging in any illegal activity whatsoever using our Services;
5.2.4 Posting any content or making any statement in any form which:
(a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(c) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
(d) is defamatory, obscene, pornographic, vulgar or offensive;
(e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(f) is violent or threatening or promotes violence or actions that are threatening to any other person;
(g) promotes illegal or harmful activities or substances;
(h) contains a link to any of content associated with the above prohibitions; and
(i) is otherwise contrary to applicable local laws and regulations; and
5.2.5 Disseminating any personal information of any other User, including any contact details or similar, without that User’s consent.
5.3 Each User undertakes to report any abuses to ATTRACTIVE WORLD, as well as any improper comments or conduct by other Users.
5.4 ATTRACTIVE WORLD conducts regular inspections of the use of its Services, including for safety and fraud protection purposes. ATTRACTIVE WORLD reserves the right to remove all or part of any content created, used or circulated publically or privately by Users which is not compliant with local laws or regulations, or which violates these Terms & Conditions.
5.5 ATTRACTIVE WORLD may contact any User to request that the User remedy any non-compliance with local laws or regulations, or these Terms & Conditions.
5.6 ATTRACTIVE WORLD may exclude any User from its Services in its sole discretion for any reason, including, but not limited to, any non-compliance with local laws or regulations or these Terms & Conditions.
6 CONDITIONS OF ACCESS TO ATTRACTIVE WORLD
6.1 Each Applicant shall select a username and a password in his/her application.
6.2 The username and the password shall be personal and confidential. Each Applicant and each Member shall keep them confidential and undertakes not to notify or disclose them to third parties or other Members to prevent fraud or phising.
6.3 All Users undertake not to use another Member’s username or password, or any other personal information of another User.
6.4 Any breach of these provisions may lead to the cancellation of a Member’s Membership or withdrawal of an Applicant’s application by ATTRACTIVE WORLD, without prejudice to the liability incurred by the relevant Applicant or Member due to the use of the username and/or password by another Applicant, Member or third party.
6.5 Each Applicant and Member shall take care not to disclose strictly personal information.
6.6 ATTRACTIVE WORLD does not conduct criminal background screenings of its Users, nor is it able to personally identify each User. ATTRACTIVE WORLD is not responsible for any use of the Services or for the actions of other Users with whom a User may exchange information.
6.7 ATTRACTIVE WORLD shall take any necessary measure appropriate for halting fraudulent behaviour, and preventing instances of the sharing of usernames or passwords (which is prohibited).
6.8 A Member shall be regarded as registered as soon as he/she has given his/her e-mail address and accepted these Terms & Conditions and the Privacy Policy. When registered, he/she may have limited access to the site as a Visitor. To use all of the functions of the ATTRACTIVE WORLD Website, he/she must be admitted and hold a current paid Membership.
6.9 ATTRACTIVE WORLD reserves the option of removing the account of an Applicant at any time.
6.10 ATTRACTIVE WORLD reserves the option of removing information published or present on the Website for more than 6 months.
6.11 ATTRACTIVE WORLD also reserves the option of removing the account of a Member which has not been used for more than 6 months after the end of a subscription or has never been used after admission to Membership, after verification that no subscription is in progress.
6.12 Each User undertakes not to carry out any action likely to hinder the use of ATTRACTIVE WORLD and undertakes not to disseminate or arrange for the dissemination of viruses, spam, logic bombs, software applications, etc.
7 PRICE AND CONDITIONS OF PAYMENT
7.1 Only the payment of a subscription package shall grant a Member full entitlement to the Services of ATTRACTIVE WORLD.
7.2 The price and payment procedures are permanently accessible on the ATTRACTIVE WORLD Website.
7.3 All prices stated on the website include all relevant local taxes.
7.4 ATTRACTIVE WORLD reserves the right to change the cost of any of its Services. If you are not happy with the cost of any Services, you may cancel your Membership in accordance with these Terms & Conditions.
7.5 To the extent permitted by local laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service failures). There will be no refund of any payment made by you for a paid Membership if you haven’t cancelled your contract according to these Terms & Conditions.
7.6 If you do not pay any amount due pursuant to these Terms & Conditions, ATTRACTIVE WORLD reserves the right to suspend your access until such time as the outstanding payment is received or to terminate the contract.
8 THE APPS
8.1 You can also subscribe for paid Membership using the Apps. The Apps may be provided by other service providers such as the Apple app store or the Android market (each, an App Store), and therefore may be subject to other payment and other conditions than those used and available to you on the Website. Any such applicable terms will be brought to your attention prior to purchase. You agree to comply with, and your license to use our Services is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.
8.2 You acknowledge that these Terms & Conditions are between you and ATTRACTIVE WORLD and not with the App Store.
9 AUTOMATIC RENEWAL
9.1 ATTRACTIVE WORLD automatically renews all paid Memberships 24 hours before the expiry of the term of the paid Membership (where permitted by local law). When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires it will automatically renew for the duration and at the cost indicated to you at your initial purchase. Where required by local law, the renewal date will be specified in a renewal notice provided to you. IF YOU DO NOT WANT YOUR PAID MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST CANCEL YOUR PAID MEMBERSHIP IN ACCORDANCE WITH THE PROCESS SET OUT BELOW IN THESE TERMS & CONDITIONS.
10 CANCELLATION
10.1 There are three ways of cancelling your Membership:
10.1.1 Cancellation of free Membership – you may cancel at any time (see clause 11);
10.1.2 Cancellation of paid Membership within the first 3 days of your paid Membership – you may cancel at any time within 3 days of joining ATTRACTIVE WORLD as a paid Member for a full refund (see clause 12);
10.1.3 Cancellation of paid Membership after the first 3 days of your paid Membership – you may cancel at any time and enjoy our Services until the end of the paid term with NO REFUND (see clause 13).
11 CANCELLATION OF FREE MEMBERSHIP
11.1 A Member may cancel his or her free Membership at any time.
11.2 You may cancel by logging into your account on the Website and following the links, or by writing to: cancellation[at]attractiveworld.com
12 CANCELLATION OF PAID MEMBERSHIP WITHIN THE FIRST 3 DAYS OF YOUR PAID MEMBERSHIP
12.1 A paying Member may cancel his/her paid Membership at any time within 3 days of making his/her initial payment.
12.2 You may cancel by logging into your account on the Website and following the links, or by writing to: cancellation[at]attractiveworld.com
12.3 If you cancel your Membership within the first 3 days of your paid Membership and you have made any payment in advance for the Services, ATTRACTIVE WORLD will refund these amounts to you.
12.4 Cancellation rights under this clause only apply to an order for an initial paid Membership and do not apply to subsequent renewals.
13 CANCELLATION OF PAID MEMBERSHIP AFTER THE FIRST 3 DAYS OF YOUR PAID MEMBERSHIP
13.1 A paying Member (who has not cancelled his/her paid Membership within its first 3 days) may apply for cancellation at the latest 24 hours before the date of renewal of the subscription. If you cancel your paid membership less than 24 hours before the expiry of the term of your paid Membership, YOUR PAID MEMBERSHIP WILL BE AUTOMATICALLY RENEWED IN ACCORDANCE WITH THESE TERMS & CONDITIONS (WHERE ALLOWED BY LOCAL LAW).
13.2 THE CANCELLATION OF YOUR PAID MEMBERSHIP WILL BE EFFECTIVE UPON THE EXPIRY OF THE RELEVANT PAID PERIOD AND YOU WILL HAVE FULL USE OF OUR SERVICES UNTIL THAT TIME. NO REFUND IS APPLICABLE UNLESS LOCAL LAW OR THESE TERMS & CONDITIONS OTHERWISE PROVIDE.
13.3 Following cancellation of the paid Membership, the Member will retain a free Membership with a more limited scope of Services.
13.4 You may cancel by logging into your account on the Website and following the links, or by writing to: cancellation[at]attractiveworld.com
13.5 If ATTRACTIVE WORLD cancels a Member’s Membership for that Member’s breach of these Terms & Conditions, the Member shall not be entitled to a refund for the period remaining to elapse until the expiry of the account, without prejudice to any damages sought by ATTRACTIVE WORLD as compensation for the loss suffered.
13.6 If ATTRACTIVE WORLD cancels a Member’s Membership in its sole discretion for reasons other than that Member’s breach of these Terms & Conditions, the Member shall be entitled to a refund for the period remaining to elapse until the expiry of the account.
14 COLLECTION AND RETENTION OF PERSONAL DATA
14.1 ATTRACTIVE WORLD collects personal information about you through your use of our Services. This information will be handled in accordance with our Privacy Policy which may be viewed at http://www.attractiveworld.com/en-au/aw/privacy.
15 INTELLECTUAL PROPERTY
15.1 All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trade marks, service marks, trade names and/or designs (including the "look and feel" and other visual or non-literal elements) (whether registered or unregistered) in:
15.1.1 our Services;
15.1.2 Subject to clause 15.4, information content on our Services; and
15.1.3 All the design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) of our Services, are owned by or licenced to ATTRACTIVE WORLD. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
15.2 None of the material listed in clause 15.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of ATTRACTIVE WORLD. You may, however, retrieve and display the content of our Services on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on our Services without the express prior written permission of ATTRACTIVE WORLD.
15.3 All rights (including goodwill and, where relevant, trade marks) in the name ATTRACTIVE WORLD are owned by or licensed to ATTRACTIVE WORLD or its related corporate entities. Other product and company names mentioned on our Services are the trade marks or registered trade marks of third parties.
15.4 Title, ownership rights and intellectual property rights in and to content accessed using our Services is the property of the applicable content owner or supplier and may be protected by applicable copyright or other law. Subject to the limited rights described in clause 15.2, this Agreement gives you no rights to such content.
15.5 The authors of the literary and artistic works in the pages in our Services have asserted their moral rights to be identified as the author of those works.
15.6 Any material you transmit, post or submit to ATTRACTIVE WORLD either through our Services or otherwise (Material) shall be considered (and ATTRACTIVE WORLD may treat it as) non-confidential (subject to ATTRACTIVE WORLD’s obligations under privacy legislation). You grant ATTRACTIVE WORLD a royalty-free, perpetual, irrevocable, non-exclusive licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Material (other than Ideas).
15.7 All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist which are disclosed or offered to ATTRACTIVE WORLD by you or offered in response to solicitations by ATTRACTIVE WORLD regarding our Services (Ideas) shall be deemed to be and shall remain the property ATTRACTIVE WORLD and you hereby assign all existing present and future intellectual property rights in Ideas, to ATTRACTIVE WORLD. You must do all things reasonably requested by ATTRACTIVE WORLD to assure further the assignment of such rights. You understand and acknowledge that ATTRACTIVE WORLD have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that ATTRACTIVE WORLD is only willing to consider Ideas on these terms. In any event, Ideas are not submitted in confidence and ATTRACTIVE WORLD assumes no obligation, express or implied by considering it. Without limitation, ATTRACTIVE WORLD will exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
16 TECHNOLOGY REQUIREMENTS
16.1 In order to benefit fully from the functions of the ATTRACTIVE WORLD Website, we recommend that Users should ensure that the necessary settings and installations for use are in place (e.g. activation of JavaScript, cookies). If you are using older or not commonly used technologies, you may have only limited use of the Services.
17 LIMITATION OF LIABILITY
17.1 For the purpose of this Section 17, ATTRACTIVE WORLD includes ATTRACTIVE WORLD, its subsidiary or holding company, any subsidiary of any such holding company, directors, officers, employees, contractors and agents, whether individually or collectively.
17.2 You acknowledge that:
17.2.1 you use the Services at your own risk;
17.2.2 ATTRACTIVE WORLD is not responsible for your use of or conduct on our Services or that of any other Members of our Services or affiliated services;
17.2.3 ATTRACTIVE WORLD does not accept liability in any circumstances for the use or conduct of any person on our Services or affiliated services; and
17.2.4 ATTRACTIVE WORLD does not make any representation or warranty as to the accuracy, reliability or completeness of any content contained on our Services or transmitted by other members of our Services or affiliated services.
17.3 You agree to indemnify ATTRACTIVE WORLD for any loss, damage, cost or expense it may incur as a result of your use of or conduct on our Services, including but not limited to any breach by you of these Terms & Conditions or Privacy Policy.
17.4 The maximum aggregate liability of ATTRACTIVE WORLD for any claim made by you under or in connection with these Terms & Conditions or otherwise as a result of your access or use of our Services will not in any circumstances exceed the lower of:
(a) the total amount (if any) paid by you to ATTRACTIVE WORLD in the 3 months prior to the event to which the claim relates; or
(b) $500.00,
whether such liability arises in contract, tort (including negligence), breach of statutory or fiduciary duty or otherwise.
17.5 To the maximum extent permitted by law, ATTRACTIVE WORLD excludes any representations and warranties which may apply to your use of our Services except for these Terms & Conditions.
17.6 To the maximum extent permitted by law, ATTRACTIVE WORLD will not be liable to you for:
(a) any loss of income, profit, savings or any other form of economic loss; or
(b) any indirect, incidental or consequential loss or damage suffered by you or for any punitive damages.
17.7 This clause will survive termination.
18 GENERAL
18.1 These Terms & Conditions and the Privacy Policy contain the entire Agreement between the User and ATTRACTIVE WORLD. If any provision of this Agreement is held by any competent court or authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
18.2 The Agreement is not intended to create a partnership, joint venture or relationship of principal and agent between the parties.
18.3 Force Majeure
18.3.1 For the purposes of this clause 18.3, “Force Majeure Event” means any act or event beyond the reasonable control of ATTRACTIVE WORLD, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
18.3.2 ATTRACTIVE WORLD will not be liable for any failure to perform or any delay in performance of, any of its obligations under these Terms & Conditions caused by a Force Majeure Event.
18.3.3 In the event of a Force Majeure Event that results in Services being unable to be provided for 14 days or more, either party may terminate this Agreement with immediate effect upon written notice to the other and neither party will have the right to claim compensation from the other.
18.4 No waiver by ATTRACTIVE WORLD of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
18.5 This Agreement is governed by and interpreted in accordance with New South Wales law and the parties agree to submit to the exclusive jurisdiction of the courts of New South Wales.
18.6 Notices
18.6.1 For the purposes of this clause, “Business Day” means any day which is not a weekend or a public holiday in the place where a notice is to be received.
18.6.2 Any notice to be served on ATTRACTIVE WORLD under these Terms & Conditions must be in writing and may be served:
(a) By hand delivery to:
Customer Care
Attractive World Australia
Spark Networks Services GmbH
Kohlfurter Straße 41/43
10999 Berlin, Germany
(b) By prepaid mail to:
Customer Care
Attractive World Australia
Spark Networks Services GmbH
Kohlfurter Straße 41/43
10999 Berlin, Germany
(c) By email: fill this form
18.6.3 A notice will be considered received by ATTRACTIVE WORLD:
(a) If hand delivered before 5.00 pm on a Business Day, on that day;
(b) If sent by pre-paid mail, on the tenth Business Day after posting; or
(c) If emailed, on the date recorded on the device from which you sent the email, unless you receive an automated message that the email has not been delivered,
except that a delivery by hand or email received after 5:00pm or on a day that is not a Business Day will be deemed to be given on the next Business Day.
18.6.4 Any notice to be served on you under these Terms & Conditions must be in writing and served on you at the email address you use as your login to the website.
18.6.5 A notice will be considered received by you on the date recorded on the device from which ATTRACTIVE WORLD sends the email, unless ATTRACTIVE WORLD receives an automated message that the email has not been delivered and except that an email received by you after 5:00pm or on a day that is not a Business Day will be deemed to be given on the next Business Day.