IMPORTANT LEGAL NOTICE
ALL POLYFINDA MOBILE AND WEBSITE PLATFORMS ARE ENTITIES OF POLYAMOROUS PTY LTD. POLYAMOROUS PTY LTD (ABN 35971835623) OPERATES OUT OF VICTORIA, AUSTRALIA AND IS GOVERNED BY THE LAWS OF THIS JURISDICTION.
YOU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE TO AGREE TO THESE TERMS.
By accessing, viewing or using any Services, you represent and warrant that you are:
* at least 18 years old and the age of majority and legal consent in the jurisdiction in which you live or reside,
* you are not prohibited or restricted from using the Service under any applicable legal jurisdiction. This includes that you are not required to register as a sex offender in any jurisdiction or other government or other legal registry.
* utilise the Service in accordance with the laws and legal restrictions and requirements in the jurisdiction of which you reside.
* upon our request, you agree to sign a non-electronic version of these Terms.
* all information you provide to us on registration of your membership is accurate, complete and up to date.
* you agree to be bound by and subject to these Terms.
If you do not agree to these Terms, you should not check, click on, or otherwise agree to these Terms, and you should immediately leave this page or mobile application and not access or use the Website or any other Polyamorous Pty Ltd Services.
a. In order to participate in or receive certain Services, you will be required to create an account with us (“Membership Account”), or login via Facebook and you may be subject to additional contractual terms and conditions applicable to such Services (“Additional Terms”).
b. You may register a Personal Profile Membership account or a Promotional Profile Membership Account. The Additional Terms for Promotional Profile Membership Accounts as detailed in Section 12.
c. Your Account is for your individual personal use only, and you may not authorise others to use your Account for any purpose.
d. In creating your Account, you certify that all information you provide is complete and accurate including your email address, billing details (such as change of billing address, credit card number or expiration date). You agree to update your information when required or requested and you further agree not to use another person’s account without permission.
e. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact us immediately regarding any breach of security or unauthorised use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorised use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorised use.
f. You have not and will not access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs;
g. Your use of the Services is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs;
h. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable to other members within the website.
i. By establishing an Account you confirm that you (i) have never been convicted of a felony and; (ii) are not required to register as a sex offender with any government entity or agency.
j. You will not use any robot, spider, scraper or other automated measures to (i) access or use the Services, (ii) circumvent any technical measures we use to provide the Services, or (iii) cause harm to us or our affiliated entities.
PLEASE NOTE THAT POLYFINDA DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS OR SEXUAL OFFENDER REGISTER CHECKS ON OUR USERS OR MEMBERS BUT DOES RESERVE THE RIGHT TO DO SO AT ANY TIME USING PUBLICLY AVAILABLE RECORDS.
- Use of Services; Assumption of Risk.
a. The Services may not be accessed or used where prohibited by law.
b. YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE SERVICES including but not limited to, any online or offline communications and personal interactions with others (such as dating or attendance at events advertised on PolyFinda platforms). It is your responsibility to take all advisable and necessary precautions when interacting with individuals you meet or come into contact with through the Services.
c. You are over 18 years of age and/or the legal age of consent in your legal jurisdiction and take responsibility to prohibit use of the Services or access to your Membership Account by minors.
a. Content posted to and available on the Service is required to meet the following requirements and restrictions:
– Pornographic pictures, audio or video are not to be uploaded, posted or shared.
– Images, audio or video of minors are not to be uploaded, posted or shared.
– Content owned by a third party and sharing is restricted by copyright.
– Threatening or offensive behaviour in public and private chat rooms is prohibited.
– Use of the website or mobile platforms to promote commercial sexual services
– Articles submitted to the Service for publishing and circulation are to be reviewed by the service. Final decisions to circulate or publish are up to the discretion of the service and no explanation is required to be given to the submitting author.
b. The Service monitors content on the Service to ensure it abides by the Terms. Members who identify a profile that does not abide by the Terms can report this abuse by emailing firstname.lastname@example.org
c. The Service reserves the right, but not the obligation, to refuse to transmit or post, and to disclose, block or remove any Content, including but not limited to, Personal Content, in whole or in part, that we, in our discretion, deem to be in violation of these Terms or otherwise harmful to persons using the Services, regardless of whether this material or its dissemination is unlawful.
d. We retain the right, but not the obligation, to monitor all transmissions and postings of Personal Content and other materials from time to time to investigate or prevent violations of these Terms. In addition, we may also take reasonable steps, including the limiting or filtering of the number of emails, chat messages or posts sent or received by a user or member.
- Third Party Links and Pages; Reliance on Content and Advice.
a. The Services may include hyperlinks or banner ads to third-party websites, content and/or resources (“Resources”). You acknowledge and agree that we have no control over and are not responsible for the availability of any such Resources, and we do not endorse any advertising, products or other materials on or available from such Resources. Because we cannot control the activities of such Resources, we cannot accept responsibility for any use of your personal information by such third parties, and we cannot guarantee that they will adhere to the same privacy and security practices as us.
b. If you visit or link to a Resource. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to your use of such Resources, and you agree to indemnify us and hold us harmless for any such use.
c. Opinions, advice, statements, offers, or other information or content made available through the Services are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
d. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information through the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears through the Services. Under no circumstances will we or our affiliated entities be responsible for any loss or damage resulting from your reliance on information or other content posted through the Services or transmitted to or by any of our users or members.
- Proprietary Rights.
a. The content provided through the Services, including but not limited to, the text, data, software, manuscripts, graphics, photographs, music, sounds, videos, interactive features, blogs, posts, feedback, messages, tags and other materials (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to us, subject to copyright and other intellectual property rights under Australia and foreign laws and international conventions.
b. All Content is provided to Personal Profile members solely for your information and personal, non-commercial use. You agree to not engage in the use, copying, or distribution of any Content other than as expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
c. Promotional Profile members seeking to reproduce logos, trademarks or other service marks should seek permission from the Service by contacting email@example.com
d. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services or Content.
e. We or our licensors retain all intellectual and proprietary rights in and to the Services and Content, except as expressly provided herein. No right is granted to you herein to use any Marks.
- Content Provided “AS IS”.
a. You understand that Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. We do not control this Content and do not guarantee its accuracy, integrity or quality. All such Content is provided “AS IS” without representation or warranty of any kind. Under no circumstances shall we be liable to you in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content. We claim immunity from liability to the fullest extent permitted by law. Neither our actions nor any provision in these Terms is intended to waive, remove or usurp such immunity.
- Noncommercial Use.
a. The Services made available for Personal Profile Member Account registrations are for your personal, non-commercial use.
b. You will not advertise or solicit any user or member to buy or sell any products or services through the Services. You may not transmit any chain letters, junk or spam e-mail to other users or members. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user or member without their prior express consent.
c. If you breach the terms of this subsection and/or send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, we reserve all rights, claims and causes of action we may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties for each such unsolicited communication you send through the Services.
d. For purposes of clarification, exchange of points on the Website are not considered a commercial use.
- Commercial Use.
a. The Services of Therapist/Counsellor and Events profile registrations (Promotional Profiles) are to raise awareness or promote availability of such services and not to initiate direct contact with other members. Should members initiate contact with your Promotional Profile you may interact but initiation of contact by a promotional profile is prohibited.
b. If you breach the terms of this subsection through unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, we reserve all rights, claims and causes of action we may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties for each such unsolicited communication you send through the Services and/or cancellation of your Member Account.
- Personal Communications.
a. 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 Services are public and not private communications. Therefore, we strongly encourage you to use caution before disclosing any personal information about yourself in your public 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.
b. From time to time the Service will develop marketing materials and communications for the PolyFinda platforms using fictional profiles and examples of personal communications and platform activity. The Service will not reproduce actual conversations, images or Content without the informed consent of the Content owner(s).
- Content and Data Privacy.
a. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the service requested or where we should be legally obliged to surrender such information by the court of law. We will make every possible attempt to ensure we inform you as to the reasons for which we may require the information collected, and that your information is protected and treated confidentially and in accordance with the Australian Government Privacy Amendment (Enhancing Privacy Protection) Act 2012 (the Amended Act).
b. Polyamorous Pty Ltd does not purchase personal information from third party sources. Any of the information collected from you directly or indirectly through a third party program (in this case MailChimp) may be used in support of the Legitimate Interests of the PolyFinda website and mobile applications in one or more of the following ways:
– To personalise your experience. Your information helps us to better respond to your individual needs.
– To improve customer service. Your information helps us to more effectively respond to your customer service requests and support needs.
– To register you on our electronic mailing list. For the purpose of informing you of occasional company news, updates and/or related product or service information.
c. There are no perfect security systems and there may be occasions that despite best endeavours by the Service, where Content made available through the Service may be searchable by, and you may be able to view and search Personal Content on different websites, (i.e., different URLs in the form of “co-¬brands” or “private labels”) operated by us or our affiliated entities. Personal Content may also be searchable by third-¬ party search engines, such as Google, Yahoo and Bing. We will make every possible attempt to ensure we inform you as soon as possible if such breach in data security or privacy has taken place. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur as a result of such searchable content.
d. Should there be a breach of personal data, Polyamorous Pty Ltd will make all efforts to inform the affected users as soon as possible after the breach has been detected. Where required Polyamorous Pty Ltd will also inform the relevant authorities of a data breach within 72 hours of the breach being detected.
e. Should you choose to delete your account with PolyFinda website or mobile applications all personal data is deleted immediately from the PolyFinda.com website and server except for your account email address which is held at MailChimp to ensure you are not contacted for any marketing purposes.
- Your Conduct. You further agree not to use the Services to:
a. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Harm minors in any way or commit abuse. This includes making publicly available images of minors who are incapable of providing their own informed consent for their images to be distributed on this Service.
c. Impersonate, slander or misrepresent your affiliation with, including acting as an employee of, us or our affiliated entities;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
e. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
g. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “affiliate marketing codes,” “link referral code,” or any other form of commercial solicitation;
h. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, networks or telecommunications equipment;
i. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users or members of the Services are able to type, or otherwise act in a manner that negatively affects other users’ or members’ ability to engage in real-¬time exchanges;
j. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
k. “Stalk” or otherwise harass another person or user or member;
l. Collect or store personal data about other users or members without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users’ or members’ private information; or
m. Disclose any telephone numbers, street addresses, last names, URLs or email addresses in any personal profile that you create or in PolyFinda Chatrooms. Should you choose to reveal contact disclose contact details in your private chat you accept the full responsibilities described in Section 6b of the Terms. Therapist/Counsellor or Event profiles (Promotional Profiles) are entitled to include URLs, but no other contact details, for their service.
PLEASE REPORT ANY VIOLATIONS OF THIS SECTION OR THESE TERMS TO POLYAMOROUS PTY LTD BY EMAILING ADMIN@POLYFINDA.COM
Furthermore, when interacting with PolyFinda customer service staff you will maintain respectful communications. Any communications or behaviour that is deemed disrespectful or threatening to the company staff will result in suspension of the users Member Account and relevant legal action where required.
- Member Interactions and Disputes.
a. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND MEMBERS OF THE WEBSITE AND SERVICES. YOU UNDERSTAND AND AGREE THAT WE HAVE NO OBLIGATION TO SCREEN OUR USERS OR MEMBERS; INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR MEMBERS; OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR USERS OR MEMBERS. 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.
b. We are not liable if you find other user’s or member’s information to be offensive, harmful, inaccurate and/or deceptive.
c. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS OR MEMBERS OR TO TERMINATE OR BLOCK YOU AND OTHER USERS OR MEMBERS FOR VIOLATIONS OF THESE TERMS. PLEASE ALSO USE CAUTION, COMMON SENSE, AND SAFETY WHEN USING THE SERVICES TO INTERACT WITH OTHER USERS AND MEMBERS.
d. We further reserve the right, but have no obligation, to conduct any credit, criminal or other background checks using publicly available records, at any time, to confirm your compliance with these Terms.
e. In the event that you have a dispute with one or more other (disputes covered) users or members, you hereby release us, and our, directors, officers, employees, agents, successors and assigns from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
- Subscription, Usage and Foreign Transaction Fees; Promotional Credits.
a. In App Purchases (IAP) are arranged through the Apple iTunes and Google Play Store. To purchase products in PolyFinda an account with these services is required.
b. Credit Fees. Certain Services are subject to Credit Fees. These Credit Fees are provided to you on acceptance of purchase conditions. A Credit Fees are one off transaction and not recurring. Benefits of a Credit Fee package have a validity of 12 months. Unused credits will expire after this period.
c. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription or Credit Fees for that Service.
d. Subscription Fees. Certain Services are subject to subscription fees (“Membership Fees”). Unless otherwise indicated, Membership Fees cover an initial period (1 month), for which there is a one time charge, followed by recurring periodic (monthly) charges on an ongoing basis until otherwise notified or cancelled. At time of purchase of Membership Fees You acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Payments for subscription fees will be charged to your nominated iTunes or GooglePlay Store account (Nominated Account).
a. In order to provide continuous service, we automatically renew all paid subscriptions for the Services on the day such subscriptions expire. Subscription automatically renews unless auto-renew is turned off at least 48-hours before the end of the current period. Your Nominated Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. By agreeing to these Terms, you acknowledge that your Account will be subject to the above-¬ described automatic renewals. In all cases, if you do not wish your Account to renew automatically, please manage this in your Nominated Account more than 48 hours prior to the renewal date.
b. Your non-¬termination or continued use of the Services reaffirms that we are authorised to charge your chosen payment provider. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
c. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Nominated Account Settings after purchase.
- Cancellation and Termination.
a. We reserve the right to terminate or restrict your access to or use of the Services, without notice or liability, for any or no reason whatsoever. In addition, we may terminate your Account and any membership and/or subscription with us by sending notice to you at the email address you provided in your application for membership. Upon termination of these Terms, you will not be entitled to any refund of any unused Subscription Fees or other prepaid amounts. All decisions regarding the termination of Accounts shall be made by us in our sole discretion. We are not required, and may be prohibited, from disclosing to you the reason for termination of your Account, membership or subscription.
b. You may cancel your Membership Account with us at any time, and the cancellation will be effective immediately upon receipt of notice. Cancellation of your Membership Account can be completed by selecting “Delete Account” on the mobile application button in your profile Settings or in the ‘Edit Profile’ section on the website.
c. In case of Membership Account Termination or Cancellation WE PROVIDE REFUNDS OR CREDITS FOR ANY AMOUNTS PREPAID BY YOU FOR CREDIT PACKAGES OR SUBSCRIPTIONS WHERE LEGALLY REQUIRED AND IN ACCORDANCE WITH THE LEGAL TIMEFRAMES. If you reside in a legal jurisdiction that provides for refunds, contact Polyamorous Pty Ltd Customer Service at firstname.lastname@example.org with your order number. If you are legally eligible for a refund you can begin the process of accessing your refund or credit by following these steps:
– Members who have purchased credits or subscriptions using an Apple ID or iTunes Nominated Account will need to request their refund through iTunes. To do this you will need to ‘Report Problem’ for your purchase transaction located under Purchase History in your Apple ID.
– Members with Google Play Store as their Nominated Account need to contact Polyamorous Pty Ltd Customer Service with their order number, email address, date of correspondence and contact phone number used in your Member Contact Details.
d. Termination or cancellation of your Member Account does not automatically terminate your subscriptions. In the event that your Member Account is cancelled or terminated you must also cancel your subscription at your IAP Nominated Account (iTunes or GooglePlay Store). Unless you cancel your subscription with your IAP Nominated Account the subscription will continue to be renewed indefinitely.
- Disclaimer of Warranties.
- Limitation of Liability.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE TO INDEMNIFY US AND HOLD US HARMLESS FOR ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND EXPENSES IN THE EVENT THAT YOU FIND OTHER USERS’ OR MEMBERS’ CONTENT TO BE OFFENSIVE, HARMFUL, OBSCENE, INACCURATE AND/OR DECEPTIVE. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, DURING THE 90 DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold us and our, directors, officers, employees, agents, contractors, licensors and licensees, harmless from any loss, liability, claim, demand or expense, including but not limited to, reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services or any breach or violation of these Terms.
- Choice of Law.
These Terms shall be governed by the laws of the State of Victoria, without regard to its conflict of laws rules or principles.
You agree to exclusive jurisdiction in Victoria for all arbitration and other proceedings arising out of these Terms.
- Arbitration of Disputes.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERM (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY RESOLUTION INSTITUTE (https://www.iama.org.au). YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section shall be deemed to prohibit us from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve ours or our licensors’ rights in and to intellectual property or confidential information.
- Class Action Waiver.
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 ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
- Electronic Communications.
By using the Services, you consent to receiving electronic communications, e.g., email, from us. These communications will include notices about your Account and information concerning or related to the Services. These communications are part of your relationship with us and you receive them as part of your membership. You agree that any notice, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.
If any provision of this Agreement is held to be unenforceable under applicable law, such provision shall be excluded from this Agreement, and the balance of this Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms.
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. If there is any contradiction between what the English language version of these Terms and any translation, the English language version shall take precedence.
- Force Majeure.
Neither you nor we shall be held responsible for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party’s reasonable control.
The headings used herein are for convenience only and shall not be deemed to define, limit or construe the content of any provision of these Terms. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.
Failure to enforce any provision of these Terms shall not constitute a waiver of any term hereof. No waiver of a breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless granted in writing and signed by an authorised representative of us at our director level or above.
- Limitations of Claims.
You agree that any claim or cause of action arising out of or related to these Terms or your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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.
- Agreement Binding.
This Agreement shall be binding upon the parties and their successors and permitted assigns.
Version 1.2 Date 24 May 2018
[This update was created to ensure alignment with the EU General Data Protection Regulation (GDPR)]
Polyamorous Pty Ltd is committed to protecting your privacy and personal information. For further information pertaining to the privacy of your information visit www.privacy.gov.au
Should you have any concerns, complaints or requests relating to collection or use of personal data collected or processed/used by Polyamorous Pty Ltd please contact the Data Protection Officer, Amanda Barclay at these details:
Phone: +61 3 98533221
An individual’s personal information is only collected when it is deemed “reasonably necessary” to do so and is usually collected through information provided by you on our website www.polyfinda.com or the associated PolyFinda iOS or Android applications.
Polyamorous Pty Ltd will process data only for the purposes of the Legitimate Interests of the PolyFinda website and mobile applications and its users (or members). This is the case unless overridden by the interests or rights and freedoms of PolyFinda users who may require protection of personal data.
The Legitimate Interests of Polyamorous Pty Ltd and the associated PolyFinda website and mobile applications are to facilitate individual and group connections among people and groups who are polyamorous or share common interests with the polyamorous community. This is done using a dating function on the PolyFinda platforms. No automated matching algorithm is used outside the matching of profiles to user selected search filters.
PolyFinda website and mobile applications include a profile match or dating function to enable polyamorous community members to connect with each other using search filters based on profile data voluntarily provided by you/the users. The processing of this data is a Legitimate Interest as it is central to the service offered and being accepted by you. The personal data processed relates only to those persons who create an account on these platforms and may include:
- your email address
- your username created by you;
- your age, gender, relationship status and sexual preferences*;
- your current location
- other information you have provided to us.
*This information is not compulsory and the information provided is at the sole discretion of the individual.
Polyamorous Pty Ltd will only collect other personal information, including sensitive information, in accordance with the Act. Where it is lawful and practicable to do so, individuals may transact business with Polyamorous Pty Ltd without providing personal information or by providing such information under a pseudonym including any usernames required when creating an account.
Anonymity: No user is obliged to provide any identifiable information except for a contact email. All payment information for credits and subscription purchase are held within the relevant mobile application stores.
Explicit consent is requested of all users of the PolyFinda website and mobile applications for:
Processing of data (use of personal information) to inform marketing and promotion activities: On completion of a user profile registration, an email will be sent to you requesting your explicit consent to receiving marketing emails, customised advertising within the website or mobile applications and direct mail. PolyFinda emails will only be about PolyFinda platform activity, events or other platform function alerts or promotions. As no external advertising will be conducted by email to PolyFinda users, no automated profiling of users will be used for this purpose. External party advertising may be customised for in-platform viewing by processing data voluntarily provided by the users in their profile information.
b.Change consent status for processing of data (personal information) for marketing purposes: To change your consent status regarding processing of personal data for marketing you can do so by unselecting “Subscribe to PolyFinda emails” in My Preferences section of the website or mobile applications. You can also click “unsubscribe from this list” at the bottom of any email sent by PolyFinda.
Sharing of data to a third party: Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the service requested or where we should be legally obliged to surrender such information by the court of law.
We will make every possible attempt to ensure we inform you as to the reasons for which we may require the information collected, and that your information is protected and treated confidentially and in accordance with the Privacy Act.
Purpose of data processing or use: Polyamorous Pty Ltd does not purchase personal information from third party sources. Any of the information collected from you directly or indirectly through a third party program (in this case MailChimp) may be used in support of the Legitimate Interests of the PolyFinda website and mobile applications in one or more of the following ways:
- To personalise your experience: Your information helps us to better respond to your individual needs.
- To improve customer service: Your information helps us to more effectively respond to your customer service requests and support needs.
- To register you on our electronic mailing list: For the purpose of informing you of occasional company news, updates and/or related product or service information.
- Your explicit consent to be included on the electronic mailing list and for other marketing activity will be requested by email on completion of your registration.
Request and control of your personal information held by Polyamorous Pty Ltd: It is your right to access personal information/data we may hold about you and this can be requested verbally or in writing. Reasonable requests from an individual for their own data will be provided in a machine readable format (CSV, XML) within 28 days of the day after the request has been received. Reasonable proof of identity will be required prior to providing the requested personal data.
Should you choose to delete your account with PolyFinda website or mobile applications all personal data is deleted immediately from the PolyFinda.com website and server except for your account email address which is held at MailChimp to ensure you are not contacted for any marketing purposes.
Polyamorous Pty Ltd is dedicated to keeping your personal information secure and protected from misuse, loss, unauthorised access, modification, disclosure and interference. This includes physical security, computer and network security, communications security and personnel security.
Should you be concerned that your personal information has not been appropriately dealt with, or is not within compliance with the Privacy Act, please contact us so that we may assist you further.
Should there be a breach of personal data, Polyamorous Pty Ltd will make all efforts to inform the affected users as soon as possible after the breach has been detected. Where required Polyamorous Pty Ltd will also inform the relevant authorities of a data breach within 72 hours of the breach being detected.
-Any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
-Pornographic pictures, audio or video are not to be uploaded, posted or shared
-Images, audio or video of minors are not to be uploaded, posted or shared
-Content owned by a third party and where sharing is restricted by copyright.
-Threatening or offensive behaviour in public and private chat rooms is prohibited.
-Use of the website or mobile applications to promote commercial sexual services
Overseas transfers of data
PolyFinda uses third party company MailChimp to support communications with registered users of the PolyFinda platforms. MailChimp maintains records in the USA and is in alignment with EU data protection requirements.
Further information on privacy is available at the website of the Office of the Federal Privacy Commissioner www.privacy.gov.