Last updated: 29 October 2020
Welcome to Polyfinda! These terms and conditions of use (“Terms”) apply to your use of the PolyFinda mobile application, the PolyFinda website, the services offered through the PolyFinda website and App, and the content, products and services (collectively, the “App”) that may be provided by Polyamorous Pty Ltd (ABN 35 971 835 623) (“PolyFinda”, “we”, or “us” or “our”) in connection with the App. It is important you understand your obligations as you may be liable to us for any unauthorised use of the App.
These Terms govern your use of the App and form a binding agreement between you and us. Without limiting the ways in which you may be bound by the Terms, by accessing, using or viewing the App, you will be deemed to have accepted and will be bound by the terms and conditions of these Terms (including as amended from time to time).
If you do not agree to these Terms, then you must not use the App.
PolyFinda reserves the right to change these Terms from time to time, and any updated or amended Terms will apply to your use of the App from the date on which the amended Terms are published. It is your responsibility to read and understand these Terms, and to review any updated Terms when they become available.
1. Eligibility to use the App
By accessing, viewing or using the App, you represent and warrant that:
(a) you will use the App only in accordance with these Terms;
(b) you are at least 18 years and the age of majority and legal consent in the jurisdiction in which you live or reside;
(c) use the App in a respectful manner;
(d) you will comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements when using the App;
(e) you are not prohibited or restricted by law from using the App in any applicable jurisdiction. Such restrictions and prohibitions include (but are not limited to) being required to register as a sex offender in any jurisdiction;
(f) you have not been convicted of any indictable crimes (or their equivalent in an applicable jurisdiction);
(g) all information you provide to us in creating your profile is true, correct, and up to date; and
(h) you are using the App for your individual personal use (unless you are a Promotional Profile Member, in which case – refer to section 3 below).
2. Your account and registration
In order to use the App, you will be required to create an online membership account with us by providing us with certain registration details (“Account”).
You must ensure that your registration details are true and accurate at all times and you agree to update your Account information when required or requested.
Your user name and password for your Account are non-transferrable and must be kept confidential. You may not authorise others to access or use your Account. You are solely responsible for all usage of your Account. You must immediately contact us if you become aware of any unauthorised use of your Account.
You may terminate your Account at any time by following the instructions on the ‘Settings’ page of your Account. Importantly, if you use a third party payment account, you will also need to manage in-app purchases through such account (e.g., iTunes, Google Play) to avoid additional billing.
3. Promotional Profile Members & Commercial use
If you are a therapist, counsellor, coach, or a member that wishes to make commercial use of the App (“Promotional Profile Members”), you must create a promotional user account (“Promotional Account”).
Promotional Profile Members must comply with the rules relating to Promotional Profile Members, Promotional Accounts and Accounts, at all times.
In creating a Promotional Account, you represent and warrant that (in addition to all other representations and warranties in these Terms):
(a) you have the necessary power and authority to accept these Terms and enter into an agreement with us;
(b) you will use your Promotional Account solely to promote your commercial services as a therapist or counsellor;
(c) you will not use your Promotional Account to contact a user of the App unless that user initiates contact with you via the App;
(d) you will not conduct therapeutic or counselling sessions via the App – all such sessions must be conducted outside of the App and in the ordinary course of your business;
(e) you are responsible for all actions, communications, enquiries and purchases made using or in respect of your Promotional Account; and
(f) you will inform any person who uses your Promotional Account that they are also bound by these Terms (including the warranties).
As a Promotional Profile Member, you will be authorised to include third party links in your Promotional Account to the services which you provide as a therapist or counsellor.
Promotional Profile Members agree to not engage in the use, copying, or distribution of any content contained in private messages or chat forums without our permission and the individuals to whom the content belongs.
We are not responsible for the services provided by Promotional Profile Members, and to the fullest extent permitted by law, we exclude all liability for any loss or damage (including consequential loss or damage), directly or indirectly arising out of or in connection with the services provided by Promotional Profile Members.
4. Licence and restrictions on your use of the App
PolyFinda grants you a limited, personal, non-exclusive, non-transferable, revocable licence to use the App in accordance with these Terms. This license is for the sole purpose of letting you use and enjoy the App as intended by us and permitted by these Terms.
In exchange, you agree that you will not:
(a) include or attempt to include third party links (other than in accordance with clause 9) in your Account;
(b) interrupt or attempt to interrupt the operation of the App in any way, or use the App in a manner that adversely affects the availability of its resources to other users;
(c) use the App for any illegal purpose or in any manner that is inconsistent with these Terms;
(d) access data or any part of the App that is not intended for you or which you are not authorised to access, or attempt to obtain goods or services to which you are not entitled;
(e) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on, or obtained from the App;
(f) supply any content or engage in conduct that: (i) would cause you or PolyFinda to breach any law, regulation, rule, code or legal obligations, (ii) is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence, or in breach of privacy, or (iii) could infringe any person’s rights, including their intellectual property rights;
(g) engage in any conduct that may harm the reputation of PolyFinda or its affiliates;
(h) or sell any information, functionality or products or services offered on the App, or represent that you are entitled to do so (except where we have explicitly allowed this to occur);
(i) pretend that you are, or represent, someone else;
(j) probe, scan or test a system or network to breach security or authentication measures;
(k) upload, post, email, transmit or otherwise make available images of minors, which contain nudity or imply sexual activity;
(l) send or post unsolicited bulk emails, “spam”, or other unsolicited communications of any kind through the App;
(m) upload, post, email, transmit or otherwise make available any material that contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, networks or telecommunications equipment;
(n) use any robot, spider, scraper or other automated measures to access or use the App, circumvent any technical measures we use to provide the App, or cause harm to us or our affiliated entities;
(o) track or monitor any content, user, or App functionality without our authorisation;
(p) impose an unreasonable load on our systems or networks; or
(q) engage in the use, copying, or distribution of any content contained in private messages or chat forums without our permission and the permission of the individuals to whom the content belongs.
You agree that PolyFinda may suspend, terminate and/or close your Account (including any Promotional Account) or restrict your use of the App at any time, without prior notice to you and without liability to you or anyone else, for any reason in our sole and absolute discretion, and without any liability to you.
Upon terminating and/or closing your Account, or during any period of suspension, you will not be permitted to use any features or functionality of the App which are reserved for users with Accounts.
5. Your content
You are solely responsible and liable for any words, images, information or other materials that you post or submit to the App, or otherwise provide to us (“Your Content”) and you will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
By providing Your Content to us, you:
(a) represent that any information comprising Your Content is true and correct and acknowledge that we may rely on that information in entering into any agreement or transaction with you;
(b) represent and warrant that you have obtained the requisite consents or permissions to use Your Content;
(c) represent and warrant that Your Content complies with these Terms;
(d) promise that you own or have the right to use and submit Your Content on or via the App, and that use of Your Content on or via the App will not infringe anyone else’s rights; and
(e) you give us a world-wide, non-exclusive perpetual, irrevocable, royalty-free licence to use, publish, reproduce, modify and communicate Your Content for the purpose of operating and promoting the App and our business without seeking any further consent or approval from you.
Your Content will generally only be made publicly available if you post it in a public place on the App. However, it is possible that other users may breach these Terms and post Your Content (including content posted in private chats) to public places. Therefore, we strongly encourage you to use caution before disclosing any personal information about yourself in your public communications.
You acknowledge and agree that your communications with other users or members via chats, conferences, bulletin boards, blogs, posts and any other publicly accessible avenues of communication through the App are, or may become, public and not private communications.
We are not responsible for information that you choose to communicate to other users or members, or for the actions of other users or members, and you agree to indemnify us and hold us harmless from any losses, liabilities, damages or expenses you may incur due to such communications or actions.
We may edit, modify, delete, remove or take down any of Your Content which we believe (in our sole discretion) is in breach of these Terms or are otherwise harmful to other users, without notice to you and without us incurring any liability.
We may monitor transmissions and posting of Your Content from time to time to investigate or prevent violations of these Terms. In addition, we may also take reasonable steps such as limiting or filtering the number of emails, chat messages or posts sent or received by a user.
6. Our content
Everything on the App (excluding Your Content) is either owned by us or is licensed to us. This includes the design, compilation and look and feel of the App, all copyright, trademarks, designs and other intellectual property displayed on or incorporated into the App. We also own or are licensed to use the trade marks, logos and business names and domain names used in connection with the App and PolyFinda business (unless otherwise stated), (together, PolyFinda IP).
We give you an non-exclusive, limited, personal, revocable licence to access and use the PolyFinda IP without the right to sublicense, to the limited extent required to access and use the App, including communicating with us and using or purchasing products or services via the App, in accordance with these Terms.
You must not copy, reproduce, adapt, transmit or distribute any of our content or use the PolyFinda IP in any way not expressly stated in these Terms (or otherwise allowed by law).
7. Third Party Links
You are not allowed, without our prior written consent, to frame, deep link, mirror or retransmit any part of the App or its content, or quote or use whole or parts of the App or its content in a third-party website. If you are interested in linking to our App, please contact us via email at [email protected].
8. Member interactions and disputes
You are solely responsible for your interactions with other users and members of the App.
You acknowledge and agree that we have no obligation to screen our users or members, inquire into their backgrounds, or attempt to verify the statements of our users or members, however we reserve the right to do so at any time.
We make no representations or warranties as to the conduct of users or members or their compatibility with any current or future users or members. We exclude all representations or warranties as to the number or frequency of matches, or the accuracy, availability or other attributes of any member or user. We also exclude all liability in circumstances where you find another user or member’s information to be offensive, harmful, inaccurate, or deceptive.
If you identify an Account or profile that does not abide by the Terms, you can report the Account or profile by emailing [email protected] or clicking the “Flag profile” option on the non-compliant Account or user profile.
We may monitor disputes between you and other users or members and may determine (in our absolute discretion) to terminate or suspend you and other users or members for violations of these terms.
You are able to post public events to the “events” section of the App. You are also able to post third party links that are directly related to the public events (such as third party links to ticketing platforms, event hosting platforms, and similar platforms).
In posting an event, you warrant that the event complies with these Terms, that you have obtained all necessary consents, permits and authorisations to hold such event, and that you will comply with all applicable laws and regulations in holding that event.
You also represent and warrant that the event will be a commercial or social event, and will not be held for the purposes of promoting or procuring sexual activities, whether at the event or otherwise. PolyFinda does not permit the promotion of sexual solicitation or commercial sex through the App, and we reserve the right to remove events in breach of these Terms.
It is your sole responsibility to take all advisable and necessary precautions when interacting with individuals you meet or come into contact with through the App, including when determining whether or not to attend events posted on the App.
10. Credits and Subscriptions
Certain services on the App are only available through the expenditure of “virtual items” (“Credits”), and we reserve the right to change the list of such services at any time. Credits are currently required to initiate a new chat with another user or add a profile to the “Hot List”.
You can currently accrue Credits in a variety of ways, including:
(a) when you first sign up for the App, you may be provided with free Credits;
(b) through our Referrer Program, in which you will be provided with a unique referral code (“Referral Code”) to share with friends, family, or anyone else you think might be interested in trying our App. Where a genuine, first-time member quotes your unique referral code when creating an Account through the App, you as the referrer will receive Credits to apply towards services on the App;
(c) by posting events on the App. These events must be genuine events (and compliant with these Terms); and
(d) by purchasing additional Credits, or subscribing to a monthly membership via an App Provider (as defined below).
Credits cannot be redeemed for cash or other consideration, and cannot be transferred, resold or exchanged. From time to time, Credits may be awarded to members as part of a promotion or time-limited offering (which will be governed by the terms of that specific promotion).
You acknowledge and agree that we may change the way in which Credits accrue at any time, cancel our Referrer Program, change the terms of the Referrer Program, remove Credits, or terminate or suspend your Referral Code and/or membership in the Referral Program at any time at our sole discretion with or without notice. On such cancellation or termination, unredeemed Credits of members will be automatically void and non-redeemable (except to the extent otherwise specified by us in our sole discretion).
11. Subscriptions, and App Providers
The following terms apply to any App access through or downloaded from any app store or distribution platform (for instance, the Apple App Store or the Google Play Store) where the App may now or subsequently be made available (“App Provider”). You may be required to create an account to access the services of the App Providers. You acknowledge and agree that;
(a) the relevant App Provider will have their own terms and conditions which will apply to any purchases you make via the App Provider;
(b) the relevant App Provider is responsible for handling in-app purchases through the App, and if you wish to request a refund, you must approach the relevant App Provider;
(c) PolyFinda is not liable for addressing any claims you may have relating to the App Providers’ services and it expressly excludes all warranties and representations as to the services provided by the App Providers;
(d) if you have purchased a monthly subscription for Credits, the App Provider will continue to charge you for your subscription until you cancel it. You are liable for all recurring charges prior to cancellation even where your Account has been cancelled or terminated. If you wish to cancel your subscription, you must do so via the relevant App Provider; and
(e) to the fullest extent permitted at law, you will not be entitled to any refund from us of unused Credits, subscription fees or other prepaid amounts where we have terminated your access to your Account or your access to, or use of the App for whatsoever reason.
12. Our liability to you
To the fullest extent permitted by law, the App and all of PolyFinda’s goods and services are provided on an “as is” basis without warranties of any kind, either express or implied, and we exclude all warranties, representations, and liability of any kind (including in negligence) in connection with the App, or any goods or services provided or advertised via the App.
You also acknowledge and agree that PolyFinda and its related entities will not be liable to you in respect of any claim by you (whether contractual, tortuous, statutory or otherwise) for any economic loss, loss of profit, business, goodwill, revenue, customers, capital, reputation, data, anticipated savings or benefits or any other damages such as indirect, incidental, special, punitive, consequential or similar damages arising from your use of the App or the provision of any other goods or services under these Terms, even if we were advised of the possibility of such damages, and whether as a result of any breach, default, or negligence by PolyFinda.
If the Consumer and Competition Act 2010 (Cth) applies and to the extent any liability of PolyFinda cannot be excluded, PolyFinda limits that liability, to the maximum extent permitted by law, (at our election) to:
(a) in the case of goods, any one or more of the following:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of the goods;
iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
iv. the payment of the cost of having the goods repaired; and
(b) in the case of services:
i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied again.
The maximum liability of PolyFinda to you for any matter which cannot otherwise be excluded in accordance with these Terms is limited to $10USD.
13. Your liability to us
You are liable and solely responsible for:
(a) your use of the App;
(b) Your Content;
(c) your breach of anyone else’s intellectual property rights;
(d) your breach of these Terms or any applicable law; and
(e) any claim, action, demand or proceedings instituted against PolyFinda as a result of your use of the App.
You agree to indemnify PolyFinda (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (“PolyFinda Parties”) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal costs on a full indemnity basis) or loss suffered or incurred by the PolyFinda Parties and arising in any way from any of the matters set out in (a) to (d) above.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.
14. Privacy & Publicity
15. Use of the site outside of Australia
PolyFinda does not represent that the contents of the App are appropriate or available for use in countries outside Australia. If you choose to access the App from outside Australia, you are responsible for your compliance with foreign and local laws.
16. Change & Access
PolyFinda does its best to provide current and accurate information on the App but things sometimes change, and so we may need to update or remove statements and representations made on the App from time to time.
The App will usually be available 24 hours a day, seven days a week. Sometimes the App may be unavailable while we conduct maintenance, or for technical or other reasons. We will try to give you notice before any planned outages, and keep interruptions to a minimum, but we are not responsible for any delay, loss, or other damage you might suffer as a result of any error or interruption in accessing the App.
We do not promise that the content on the App (or your access to it) will be uninterrupted or error‑free, that any defects will be corrected, or that the App, or the contents contained in the App are free of viruses or any other harmful components. We make no promises regarding correctness, completeness, reliability or otherwise regarding your access to the App or your use of it. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability.
(a) These Terms are governed by the laws in force in Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.
(b) To the fullest extent permitted by law, in any dispute, neither you nor any other person shall be entitled to join or consolidate claims by or against other affiliates or persons, or arbitrate any claim as a representative or class action or in a private attorney general capacity. You acknowledge that you irrevocably waive your rights to participate in a class action or representative action with respect to any such claim.
(c) These Terms represent the entire understanding between the parties with respect to the subject matter hereof and supersede all previous understandings, written, oral or implied. Where we have provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language versions of these Terms will govern your relationship with us.
(d) Any delay or failure by us to enforce any rights under these Terms does not constitute waiver.
(e) Nothing in these Terms creates a relationship of employment, partnership, or joint venture between you and PolyFinda.
(f) You may not resell, assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may resell, assign or transfer our rights and obligations under these Terms at any time without restriction and without notice or consent.
(g) If any provision of these Terms is held to be unenforceable under applicable law, such provision shall be excluded from these Terms, and the remainder of these Terms shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms.
Please feel free to contact us via email at [email protected] if you have any questions about these Terms.
Last updated: 29 OCTOBER 2020