(Last Updated 1 June 2020)
(a) If you are a resident of an EU Country clause 16.7 and clause 18.8(a) will apply to you (but not clause 18.8(b)).
(b) If you are a resident of a country that is not an EU Country clause 18.8(b) will apply to you (but not clause 18.8(a)).
(c) If you reside in any of the following states of the USA, then clause 16.3(a) applies to you: Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio or Wisconsin.
(d) If you reside in any of the following states of the USA, then clause 16.3(b) applies to you: California, Illinois, New York, or Ohio.
1.3 User agreement
This website is operated by the Company, which is an Australian registered company. The Company is registered for European Union Value Added Tax under the VAT on e-Services (VoeS) special scheme for non-EU businesses. You can contact us on any of the following methods:
Online support form: Click here (use this option for fastest service)
Telephone: +61 7 5571 1181
Fax Number: +61 7 3103 4000
Post: GayCupid.com, PO Box 9304, Gold Coast MC, QLD 9726, Australia
Director: Andrew Bolton
To contact us regarding a privacy matter or enquiry regarding the collection and use of your personal data, please refer to our Privacy Statement.
If you are based in the European Union, VeraSafe has been appointed as Cupid Media’s European Union representative for data protection matters. In addition to contacting us using our above contact information, VeraSafe can be contacted in regard to matters related to the processing of your personal data. To make such an inquiry, please contact VeraSafe using this contact form: https://www.verasafe.com/privacy-services/contact-article-27-representative.
Alternatively, VeraSafe can be contacted at the following addresses:
Name: Matthew Joseph
Address: Zahradníčkova, 1220/20A, Prague 15000, Czech Republic; or
Name: VeraSafe Ireland Ltd
Address: Unit 3D North Point House, North Point Business Park, New Mallow Road, Cork T23AT2P, Ireland.
2.2 Formation of contract
By registering as a member you enter into a contract with the Company in respect of the Website that may or may not be free of charge. You may upgrade the features of your membership. You will be required to select certain features and terms of your contract and choose a payment method. By clicking on the "Make Payment" button in the final step of the upgrade-process, you enter into a binding contract regarding the chosen upgrade option at the given price.
(a) You may become a member of the Service free of charge. Free membership will only entitle you to participate in some of the features available as part of the Service. In order to access additional features, you must become a paying subscriber to the Service. Accordingly, your use of those additional features is conditional upon the payment of the relevant fees. (b) You acknowledge and agree that in order to protect the users of this site, you may not apply for or become a member if you have been convicted of an indictable offence or a felony. By applying for membership you warrant and represent to us that you have not been convicted of an indictable offence or a felony nor are you required to register as a sex offender with any government authority. (c) You acknowledge that currently the Company does not routinely undertake background checks, verify information provided or conduct criminal screenings of its users. We reserve the right to conduct investigations and background checks on all members, to confirm you are not in breach of any warranty and to determine whether any representation is false. You consent to allowing the Company to conduct such investigation and the Company reserves the right to refuse and/or terminate your membership if you breach any warranty of or your representation proves to be false.
2.4 Subscription plans and fees
Subscription plans and their corresponding fees are located at the "Upgrade Membership" page. These subscription fees are subject to change, which changes will be posted on the page of the Website previously described. You acknowledge that there may be discrepancies in relation to subscription fees between jurisdictions, which discrepancies are reflective of costs applicable to a particular jurisdiction and other commercial conditions relevant to that jurisdiction.
2.5 Free trials and other promotions
Any free trial or other promotion that provides free access to the Paid Services must be used within the specified time of the trial.
(a) While certain Services are available free of charge, you acknowledge that the Paid Services are available only to Members with a valid subscription or otherwise on payment of a fee. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on the upgrade membership page. Prices are stated in the currency shown on the upgrade membership page and include all applicable taxes unless otherwise stated.
(b) Your membership will be automatically renewed. You can opt out of auto-renewal at any time. If you have not opted out, then, the subscription will be auto-renewed for the periods stated. You can cancel auto-renewal by following the instructions in the Help section of the website.
(c) In the event that we provide a recurring billing facility for the payment of subscription fees applicable to the subscription plan you select, you hereby authorize the Company to charge those fees on a recurring basis (within a reasonable time period). In that case, the Company will cease charging fees upon its receipt of your written notice that such authorization has been terminated. Any such notice shall not affect charges made before the Company could reasonably act. In any event, you must provide current, complete and accurate information to enable subscription fees to be charged correctly, which information must be updated regularly.
(d) We may at any time change our price for a subscription. The new rate takes effect if you apply for a new subscription (whether or not it is your first subscription) after we have posted the details of our new price on the Site. Auto-renewals of existing subscription will continue at the old price. (e) In the event of suspicious payment activity, we reserve the right to temporarily or permanently suspend payment via your credit card and/or contact you, your bank or any other relevant third party to report such unusual activity and/or obtain additional information.
2.8 Terms of Gold and Platinum memberships
Please be aware that paying subscribers are divided into Gold and Platinum members, with only the latter being able to access advanced matching, translate messages, add notes to profiles, and highlight their profile in search results.
2.9 Password security
As part of the member registration process, you will be required to select a password. You are solely responsible for selecting a password that is not easily guessed and for keeping your password safe, and agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must immediately notify us and you must promptly change your password by updating your account information.
2.10 Verification of identity
We may from time to time request a form of identification to verify:
3. The Service
The Service is an internet information service that facilitates contact between members who may or may not be seeking friendship or a relationship. It is not a marriage brokering service, mail order bride service or a matchmaking service. The Company is under no obligation to broker any other member or members for you.
4. Use of the Service
4.1 Own risk
You acknowledge that your use of the Service and the Website is solely at your own risk.
4.2 Accurate information
You represent, warrant and undertake that the information and photos that you supply to the Service, the Website and the Company is/are accurate in all respects, not in breach of this Agreement and not harmful to any person in any way.
Without limiting the above, you must not transmit or post on our website, any images that contain:
• images of any person other than you; • nudity; • images of other objects that do not contain you; • a cartoon or illustration (even if it is of you).
4.3 Information not confidential
You agree that any material or information provided by you, including Personal Data (as defined in our Privacy Statement and which may include your full name, postal address, telephone number etc.), will be treated as non-confidential and non-proprietary and we may use such material or information without restriction, provided such use to the extent it relates to your Personal Data is compliant with the terms of our Privacy Statement and any applicable laws. Specifically, you consent to the Company using material or information (including any profile information, photographs, video or audio recordings) in order to copy your profile into any other relevant dating site owned and operated by the Company. You acknowledge that any such material or information provided by you will be available for other members or users of the Website to read.
4.4 Information available overseas
(a) Any profile information that you have provided to us will be publicly viewable on your profile, irrespective of the location of the viewer. By creating a profile, you acknowledge that overseas recipients will be able to view your profile. (b) The Company globally utilizes servers for the storage of your Personal Data which may be located in a country other than your country of residence. (c) The Company globally utilizes contractors, which may be located in a country other than your country of residence, to conduct background and criminal history checks on individuals. (d) In order to provide customer support, perform back office functions, perform fraud prevention tasks or provide services to you we may need to allow our staff or suppliers (who may be located or whose resources may be located outside your country of residence) access to your Personal Data.
4.5 Copyright assigned
4.6 Legal access
You must ensure that your access to the Website and use of the Service is not illegal or prohibited by laws which apply to you. You are solely responsible for the legality of your actions under all applicable laws.
4.7 Exposure to viruses
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Service, the Website or any Linked Website.
4.8 Content of profile
(a) You are solely responsible for the content of your profile, messages, video and audio recordings and other materials you may upload to the Service or transmit to other members of the Service. (b) You agree that you will not upload or post onto your profile or the Website any content which:
(i) is abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, improper or otherwise inappropriate as determined at our sole discretion; or (ii) depicts, describes, identifies or alludes to any person other than yourself.
4.9 Interaction with members
You are solely responsible for your interaction with other members of the Service.
4.10 Negative covenants
You represent, warrant and covenant that:
(a) you will not disclose any information provided to you through the Service to anyone without the prior permission of the person who provided it to you; (b) you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libelous, slanderous, defamatory or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and privacy rights); (c) you will not use the Service to engage in group sexual activity, or to solicit contact for the purpose of extra-marital encounters or affairs, or to solicit or engage in prostitution or any other activities that may be illegal in your country of residence; (d) you will not impersonate any person or misrepresent your age or marital status or place information in your profile that is false or misleading in any way; (e) you will not harvest or collect email addresses or other contact information of other users from the Service by electronic or other means or use the services to transmit "spam", chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail; (f) you will not use the Service or the Website for any unauthorized commercial purposes; (g) you will not solicit or attempt to solicit any money, bank account or credit card details or confidential financial information from any member or other user of the Service or the Website; (h) you will not send money or provide financial information to any person that you have communicated with or met via the Website. The Company will not be liable for any loss (financial or otherwise) suffered by you as a result of this behavior. You agree to report anyone who attempts to solicit money or obtain financial information by either contacting customer support or using the "report abuse" function on the member’s profile; (i) you will not solicit or attempt to solicit passwords from other members; (j) you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services; (k) you will not harass others by continuing to attempt to communicate with someone who has clearly asked you to cease communications; (l) you will not post or transmit material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of computer software or hardware; (m) you will not post or transmit in any manner any contact information including without limitation, email addresses, phone numbers, postal addresses, instant messenger IDs, Facebook usernames, URLs, or full names through your publicly posted information; (n) you will not use non-human or automated bots to login to the Service; (o) when speaking to our customer service employees on the telephone or communicating with them by any other means, you will not be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive ("Offensive Conduct"). You agree that, should you engage in Offensive Conduct, which is to be determined in our sole discretion, we will have the right to immediately terminate your membership and you will not be entitled to a refund of any subscription payments we have received from you; (p) you are over 18. All members of our websites are required to be over 18. Our company has zero tolerance for any attempt by any member to engage in any form of cybersex, sexual communication, or sexual contact with any person who is underage. Upon being notified of any illegal or inappropriate communications with a minor, we may report details to the appropriate Law Enforcement Agency.
4.11 Notification of Copyright Infringement
(a) The Company respects the intellectual property rights of others. If you encounter content displayed on the Website that you suspect belongs to you or a third party, and that content is being displayed in a manner which violates or appears to violate your copyright or other intellectual property right or an intellectual property right belonging to a third party, you may submit a notification by providing the following information to The Company:
(i) Your contact details – including address, telephone number, and email address;
(ii) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(iii) A description of the work or other intellectual property that has or is suspected to have been infringed;
(iv) The name of the website where the suspected infringing material is located;
(v) A description of where the suspected infringing material is located on the Website;
(vi) A statement from you which:
(A) outlines your good faith belief that the disputed use is not authorized by the copyright owner, the agent or the law; (B) is made, under penalty of perjury, that the information provided in your notice is accurate and supplied in good faith and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
Notices may be sent to:
GayCupid.com, PO Box 9304, Gold Coast MC, QLD 9726, Australia Email: copyright@GayCupid.com
4.12 Use of images
In addition to the provisions of clause 4.5, by providing any photographs, material, information or content to the Company, you acknowledge and agree that the Company may:
(a) reproduce, use, copy, perform, display, distribute and exploit the material, information or content; (b) prepare derivative works of, or incorporate into other works and other media, such material, information and content; and (c) license others the same rights granted to the Company in clause 4.12(a) and 4.12(b) above, and you consent to any and all such uses, including, without limitation, for any promotional or commercial purposes. You also warrant that you have the authority to grant the consent referred to in this clause.
4.13 Mail order bride marriages
This Website does not, and must not be taken to, in any way, aid, procure, promote or provide "mail order bride" marriage-matching services to its users. You acknowledge that the jurisdiction in which you reside may prohibit the advertisement of marriage-matching services or the solicitation of persons to partake in marriages.
If you reside in the Philippines, Belarus or any such jurisdiction that prohibits marriage-matching services to its residents, you hereby warrant, represent and covenant that you will not use the Service or the Website for any purpose in breach of any legislation prohibiting marriage-matching. You hereby acknowledge and agree that it is your sole responsibility to ensure that you do not breach any prohibition on marriage-matching, and further hereby acknowledge and agree that the indemnity contained in clause 17 will apply to your breach of any legislation prohibiting marriage-matching.
5.1 Monitor information
5.2 Editing Information
5.3 Security of information
Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us or which we transmit to other permitted third parties in accordance with our Privacy Statement. Accordingly, you expressly acknowledge any information which you transmit to us is transmitted at your own risk.
Notwithstanding the above, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
6. Restricted use
Unless we agree otherwise in writing, you are provided with access to the Website for your personal use only. Businesses, groups, organizations and companies are prohibited from registering as member. You are authorized to print a copy of any information contained on the Website for your personal use, unless printing is expressly prohibited.
7. Direct marketing
The Company reserves the right to send electronic mail to you regarding changes or additions to the Service, or any products and services of the Company and its affiliated businesses.
9.1 Sole responsibility
Responsibility for the content of advertisements (if any) appearing on the Website (including hyperlinks to the advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertisers’ product or service by the Company. Each advertiser is solely responsible for any representation made in connection with its advertisement.
10. Intellectual property ownership
The Company retains all rights, titles, and interests in the Service and the Website and the corresponding intellectual property rights and reserves all rights not expressly granted.
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Service or the Website; or (b) Commercialize any information, products or services obtained from any part of the Service or the Website;
without our prior written permission.
10.2 Trade marks
Except where otherwise specified, any work or device to which is attached the ™ or ® symbol is a registered trade mark. If you use any of the trade marks owned by the Company in reference to our activities, products or services, you must include a statement attributing the trade mark to the Company. You must not use our trade marks:
(a) in or as the whole or part of your own trade marks; (b) in connection with activities, products or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive; or (d) in a manner that disparages us or our information, products or services (including without limitation, the Service and the Website).
11. Linked websites
11.1 Links provided for convenience only
The Website may contain links to other websites ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites.
11.2 No endorsement
12. Privacy Statement
We undertake to comply with the terms of our Privacy Statement which is located on the Website which we may amend from time to time to comply with applicable laws and our operations.
We do not sell Personal Data to any third parties or provide Personal Data to third parties for any business purpose (unless that business purpose has been specifically referred to in our Privacy Statement).
13. Sale of Website or Services
You agree and expressly consent that, if the Company sells the Website, the Services or its business (or any part thereof) or there is a change in control of the Company, the Company may disclose, assign or otherwise transfer Personal Data, Special Category Personal Data and any other information you transmit on the Website or Services (including photographs and your public profile) to the purchaser or new controlling entity or individual, for the purposes of providing the Services and direct marketing to you.
You acknowledge and expressly agree that the new purchaser or new controlling entity or individual may be located in a country other than your country of residence, and you consent to the transfer of Personal Data to countries other than your country of residence.
14. Disclaimers and Limitation of Liability
14.1 Consumer rights under Australian Consumer Law
For individuals in the Australian jurisdiction, you have a range of rights and remedies under Australian Consumer Law (ACL).
14.2 Guarantees for goods and services for personal, domestic or household use or consumption
In the Australian jurisdiction, where we supply goods or services of a kind ordinarily used for personal, domestic or household consumption, the consumer guarantees provided by the ACL are not limited or excluded in any way.
14.3 Guarantees for goods and services that are not for personal, domestic or for household use or consumption
In the Australian jurisdiction, where we supply goods or services of a kind that is not for personal, domestic or for household use or consumption but costing no more than $40,000 the consumer guarantees are limited to:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the replacements of such 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 supply of the service again; or (ii) the payment of the cost of having the services supplied again.
14.4 No warranties as to accuracy
Subject to clause 14.2 and 14.3, we do not make any representations or warranties that the material or information provided through the Service or on the Website (including any member profile, advice, opinion, statement or other information displayed, uploaded or distributed by the Company or any member or any other person or entity) is reliable, accurate or complete or that your access to the Service or the Website will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided through the Service or on the Website. You should make your own enquiries before acting or relying on any information or material which appears on the Website. You acknowledge that any reliance upon any such material or information shall be at your own risk.
14.5 No warranties as to availability
Subject to clause 14.2 and 14.3, we do not warrant that the Service or the Website will be uninterrupted or error-free. The Service is distributed on an "as is" basis. There may be delays, omissions, and interruptions in the availability of the Service or the Website. Where permitted by law, you acknowledge that the Service (and the availability of the Website) is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
14.6 Implied warranties excluded
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such 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) if the breach relates to Services:
(i) the supply of the Services again; or (ii) the payment of the cost of having the services supplied again.
14.7 No liability for loss
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service, the Website or any Linked Websites, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the Service or the Website. For the avoidance of doubt and without limiting the generality of the foregoing:
(a) The Company does not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with your use of the Service or the Website or with any delay or inability to use the Service or the Website, or for any information, products and other services obtained through the Service or the Website, or otherwise arising out of the use of the Website, whether based under contract, negligence or other tort, strict liability or otherwise, even if the Company has been advised of the possibility of such damage; (b) The Company does not accept any responsibility or liability for any information or material which you submit to the Service or the Website nor do we accept any responsibility for any use or misuse of any information or material which you submit to the Service or the Website by other members or users; (c) The Company does not accept any responsibility or liability for the conduct of any member or other user of the Service, including without limitation any conduct which causes physical injury to any person.
15. Specific warnings regarding online dating
You acknowledge that there are risks involved in online dating, including without limitation, unknowingly dealing with underage persons or persons acting under a false pretense or for a criminal purpose. You agree to take all necessary precautions when communicating with or meeting with other users, especially if you decide to meet in person. In addition, you agree to review our online dating safety tips prior to using the service.
15.2 No warranty as to identity of members
You acknowledge that user authentication on the internet is extremely difficult. The Company cannot and does not warrant that each member or user of the Service is who he or she claims to be. Further, the Company cannot and does not warrant that member profiles are reliable, accurate or complete. Accordingly, you must be careful in dealing with other members or users of the Service or the Website.
16.1 Agreement effective for members
This Agreement will remain in full force and effect while you are a member of the Service or while you otherwise use the Website.
16.2 Termination of membership by you
You may terminate your membership at any time, for any reason, effective immediately upon our receipt of your written notice of termination. Notice of termination may be delivered to the address contained in the Contact Us section of the Website, may be emailed to the email address listed in the Contact Us section of the Website, or may be effected by clicking on the Switch Off Membership link in the members' section of the Website. You will not be entitled to a refund of your membership fees as a consequence of the termination of your membership.
16.3 Special termination right for some US residents
If you are a resident of Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio or Wisconsin at the time of entering into your subscription, then the following provision applies to you:
(a) You may cancel this Agreement, without penalty or obligation, at any time within three (3) business days of subscribing to paid services (the Cancellation Period). To cancel this Agreement, you must send us a signed and dated notice by registered or certified mail which states that you are cancelling this Agreement, or words to that effect. This notice shall be sent to: GayCupid.com, Attn: Refund Request, PO Box 9304, Gold Coast MC, QLD 9726, Australia. If you send or deliver the notice to cancel your subscription agreement within the Cancellation Period, the Company will return, within the prescribed time period, any payments that you have made that are subject to this provision.
If you are a resident of California, Illinois, New York, or Ohio at the time of entering into your subscription, then the following provision applies to you:
(b) In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become severely disabled (and are unable to use the website) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice to the following address: GayCupid.com, Attn: Refund Request, PO Box 9304, Gold Coast MC, QLD 9726, Australia.
16.4 Termination of your access to Service
We may, in our absolute discretion, block, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Service by others.
16.5 Termination of membership by us
We may immediately terminate your membership and your access to the Service at any time if we determine (in our absolute discretion) that you have breached this Agreement. Notice of termination will be delivered to the last email address you provide to us. Any pre-paid fees relevant to the period following termination will be refunded to you after deducting any costs incurred or loss suffered by the Company in connection with your membership.
16.6 Deactivation for non-use
We may deactivate your account if you have not used the Service for a consecutive 6 month period unless you have an active paid subscription.
16.7 Termination under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
(a) If you have commenced using our service within the fourteen (14) day cancellation period you are provided pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you will be taken to have requested we provide the service. In the event that you have requested we provide the service, you will be required to pay for the value of the service up until the time you cancel the service. You will be taken to have commenced to use the service by doing any of the following:
(i) Sending messages to members; (ii) Reading received messages from members; (iii) Sending Show interest alerts to members.
(b) If you have not commenced using our service within the fourteen (14) day cancellation period you are provided pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you will be provided with a refund of any fees you have paid within 14 days of our receipt of your notice of termination.
To the extent permitted by law, you agree to indemnify, defend and hold the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax (including GST), liability and/or expense (including legal costs on a full indemnity basis) that may be incurred by the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives arising out of or in connection with:
(a) any breach by you of these terms; (b) any unauthorized use of the site that can be connected or associated to you; (c) any breach by you of any law; and (d) any act or omission that you may do in connection with the site.
You agree to cooperate fully in the defense of any Claim. We reserve the right (but are under no obligation) to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, provided that you shall remain liable for any such Claim.
18.1 Failure to Comply
18.2 No Waiver
18.4 Language of Agreement
The language of this Agreement is English. Where the Company has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only. If there is any inconsistency between the English language version of this Agreement and a translation, the English language version will prevail.
You must not assign any of your rights under this Agreement or in respect of the Service or Website to any third party. The Company has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. At the election of the Company, in the event that the Company's obligations under this Agreement are assumed by a third party, the Company shall be relieved of any and all liability under this Agreement.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Service or the Website.
18.8 Governing Law
(a) Users who are a resident of a nation in the European Union agree that this Agreement is governed by the laws of England and Wales and agree to submit to the exclusive jurisdiction of the courts of England and Wales. (b) Users who are a resident of a nation that is not in the European Union agree that this Agreement is governed by the laws in force in Queensland, Australia and agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
"Claim" means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent;
"Commercialize" means to exploit, market, promote, develop, integrate, research, sell and conduct any other activity for profit or reward;
"Company" means Cupid Media Pty Ltd (ACN 104 844 564), a company registered in New South Wales, Australia, and shall include any related body corporate or associate (as those terms are defined in the Corporations Act 2001 (Cth)) of Cupid Media Pty Ltd;
"EU" means the political and economic union of member states located in Europe known as the European Union;
"EU Country" means any country who is a current member and party to the treaties of the EU and means Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden;
"Personal Data" means any information relating to an identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
"Paid Services" means the facilities and Services made available for fee-paying members of the Website holding a valid subscription;
"Service" means the facilities made available for members via the Website;
"Special Category Personal Data" means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, your criminal record, genetic and biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning your sex life or sexual orientation;
"Website" means this website which is owned and operated by the Company;
"We", "Us" and "Our" all refer to the Company.