Dateable Terms and Conditions

1APPLICATION OF TERMS

1.1Welcome to Dateable. These Terms apply to your use of the Website and the Service. By accessing and using the Website and/or setting up an Account you agree to these Terms and the Privacy Policy.

1.2If you do not agree to these Terms and/or the Privacy Policy, you are not authorised to access and use the Website, and you must immediately stop doing so.

2CHANGES

2.1We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.

2.2We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

2.3These Terms were last updated on 14/09/20.

3INTERPRETATION

In these Terms:

Account means the account you are provided when you complete a profile as a Client/Member of the Website;

Client means a user of the Website who registers for an Account and pays a Monthly Fee for a 3-month minimum term;

Event means an event published on the Website that Clients/Members may book and attend;

Introduction means the first meeting between two Clients/Members who have been a match suggested by Dateable;

Joining Fee means an initial joining fee payable on registration as a Member;

Limited profile means some select information; including but not limited to your first name, age, interests and profile photograph;

Login means a unique name and/or password allocated to you to allow you to access certain parts of the Website and/or your Account;

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis;

Fees means the Joining Fee, Monthly Fee, Match Fee and Service Fee as detailed on the Website;

Match Fee means the set fee to be paid by those for whom a match is made;

Member means a user of the Website who registers for a Member’s Account and pays the Joining Fee;

Membership means the account you hold on the Website as a Client or as a Member;

Monthly Fee means the monthly fee payable by a Client;

Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, or unlawful in any way;

Partner means the professional stylists, coaches and consultants who offer optional, additional services, and are listed on the Dateable Me page of the Website;

Personal Information means information about an identifiable, living person;

Privacy Policy means the privacy policy available on the Website at www.dateable.co.nz/privacy-policy;

Profile means the information and photographs you submit about yourself on your Account;

Service means matchmaking Clients/Members with each other;

Service Fee means a service fee for Event bookings;

Terms means these terms and conditions titled Dateable Terms and Conditions;

Underlying System means any network, system, software, data or material that underlies or is connected to the Website;

We, us, our or Dateable means Dateable, operated by The Event Project Limited;

Website means the internet sites at www.dateable.co.nz and www.dateable.co;

You, I, me means the person accessing or using the Website;

Words in the singular include the plural and vice versa.

A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.

4ELIGIBILITY

4.1You can use the Website or register for an Account if;

ayou are over 20 years of age;

byou are single, legally separated, divorced, or widowed;

cyou have never been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment; or

dyou have never previously been banned from the Website or from similar websites and/or services.

5REGISTRATION

5.1To become a Client or Member you must register on the Website and;

ayou agree to provide accurate, current and complete information about yourself.

bupdate your information on your profile page if any of your current information or dating preferences change. You agree that we may rely on your information as accurate, current and complete.

cyou acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Service and the Website.

dYou agree that your Membership is for your sole, personal use. You may not authorise others to use your Membership, and you may not assign or otherwise transfer your Account to any other person or entity.

6MEMBERSHIP OPTIONS

6.1To become a Client or Member of the Website, you must:

aregister for an Account;

bhave a permanent address in New Zealand;

cprovide your full, legal name and contact details;

dprovide a legitimate and recent (within the past 6 months) photograph of yourself; and

eif requested by us, provide proof of identification (drivers’ licence or passport) to verify your identity.

6.2If you register as a Client, you:

apay a monthly fee, payable in one lump sum for a minimum of 3 months;

bunderstand that your subscription will be automatically renewed 24 hours before

the expiration of the current term of your Client membership, unless you terminate your membership subscription prior to this;

ccreate a profile (refer to clause 10.3);

dunderstand that your Limited Profile information may be viewed by potential matches;

emay, at any time, delete your Account or downgrade to a Member’s Account.

6.3If you register as Member, you:

apay a one-off non-refundable Joining Fee;

bcreate a profile (refer to clause 10.3);

cunderstand that your Limited Profile information may be viewed by potential matches;

dmay, at any time, subject to clause 6.2, upgrade to a Client Membership; and

emay, at any time, delete your Account.

7PERSONAL INTRODUCTIONS

7.1Service starts on the effective date of payment: once your first payment has been received.

7.2If we contact you with a potential match, question or enquiry relating to a match but do not receive a response within a two (2) week time frame we will assume you are no longer interested in the Service and we will have the right to cancel your membership.

7.3You agree to keep all profiles presented to you, and any potential match’s information private and for your eyes only. You agree not to disclose any and all information provided to you as confidential and private, never to releasing that information to anyone.

7.4You accept that there is no express or implied warranty that a life partner can or will be found.

7.5We expect all Clients/Members to behave in an honest and respectful manner when communicating at the Introduction. You must not harass, threaten or bully other Clients/Members, engage in hate speech, rude or abusive behaviour, or any illegal activities.

7.6You understand that there have not been any official background or criminal checks performed on any potential match, but one can be requested at an additional cost.

7.7Indemnification: You understanding the risks involved with meeting people introduced to you by Dateable, you hereby represent and warrant that you release Dateable and all its Partners, representatives, employees and anyone else directly or indirectly connected with Dateable, from any liability in the event of any injury or damage of any kind to you or anyone else caused by meeting with people through any Dateable service.

7.8Limitation on Liability: As set out in clause 13.1 we do not accept any liability arising from your acceptance of any match we may make for you.

8COMMUNICATION

8.1By joining or enquiring about our services, you automatically grant us permission to subscribe you to our free newsletter. To unsubscribe, please follow the instructions at the bottom of the newsletter.

8.2By joining as a Client/Member you accept that Dateable may contact you via email, text, or phone and that a rapid response is expected for the matchmaking service to be conducted efficiently.

8.3If we need to contact you for general purposes, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

9BOOKINGS

9.1When you book a session with a Partner:

ayour session will be confirmed once you have paid and we have received the full amount. If you do not receive a confirmation email following payment, it is your responsibility to contact us to check whether or not your booking has been confirmed. We will not be responsible for Loss if you assume that your booking was not confirmed because you failed to receive a confirmation email;

byou understand that each separate Partner has their own refund and cancellation terms listed on the Website and you accept these terms on booking;

cbookings cannot be transferred between Members unless requested by you and agreed to in writing by the Partner;

9.2We reserve the right to refuse or cancel any Partner or Event booking.

10YOUR GENERAL OBLIGATIONS

10.1You acknowledge that your membership to the Website is for personal use only, and not for business or commercial purposes.

10.2You must under no circumstances:

amake other Member’s personal information, such as names, telephone numbers or addresses known to third parties without the consent of the respective Member;

bupload or distribute Objectionable, misleading or otherwise unlawful material;

10.3You must provide true, current and complete information in your dealings with us (including when setting up an Account), and must promptly update that information as required so that the information remains true, current and complete.

10.4You must keep your Website Login details secure and:

anot permit any other person to use your Login, including not disclosing or providing it to any other person; and

bimmediately notify us if you become aware of any disclosure or unauthorised use of your Login, by sending an email to hello@dateable.co.nz

10.5You must:

anot act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and

bunless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

10.6You must obtain our written permission to establish a link to our Website. If you wish to do so, email your request to hello@dateable.co.nz

10.7You must ensure that any content you submit to the Website, including photographs and text, does not breach any third party right (including intellectual property and privacy rights) and is not Objectionable, incorrect or misleading.

10.8You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your Login.

11INTELLECTUAL PROPERTY

11.1We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

11.2By attending an Event you are providing us with perpetual, irrevocable permission to film and/or photograph you and to use any such material in any promotional material in any format anywhere in the world. We have no obligation to notify you when using such material. You irrevocably and unconditionally waive all moral rights (including performers’ rights) anywhere in the world that you may have in such materials.

12DISCLAIMERS

12.1To the extent permitted by law, we are not liable for:

apersonal items mislaid, lost, stolen or damaged during an Introduction or Event;

bany discrepancies in the activity or dining menu provided by the Event operator, restaurant or venue, from what was suggested for the Introduction or advertised on the Website;

cany provision of information on allergy or dietary requirements. You are responsible for informing the venue staff of this information at an Event or Introduction;

ddamage caused by a Member to property at an Event or Introduction; or

eany injury suffered at an Event or Introduction.

12.2To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

athe Website being unavailable (in whole or in part) or performing slowly;

bany error in, or omission from, any information made available through the Website;

cany exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and

dany site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

12.3We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

13LIMITATION OF LIABILITY

13.1To the maximum extent permitted by law:

ayou access and use the Website and Service and attend Introductions and Events at your own risk; and

bin no event will Dateable be liable to you for any incidental, consequential, or indirect damages (including, but not limited to, property damages, physical damages, physical injuries, and emotional and mental distress or injuries). You hereby waive any claim or any right to seek damages which might arise from any and all actions, intentional or unintentional, whether of omission or commission, or the negligence of Dateable and/or its employees and/or partners. Dateable does not verify the accuracy of information, including age, location or other information provided by members, or other individuals dateable may introduce to you. Dateable does not verify the representations, warranties or statements or vouch for the character of any member or individual dateable may introduce you to. You agree that you shall assume all risks involved with your social interactions with members and individuals Dateable introduces to you. By becoming a Client/Member and accepting these Terms, you agree that Dateable will not be liable for any damages, directly, indirectly, or consequentially, arising out of your Membership , which result from the negligence of Dateable and/or its employees, agents, including, without limitation, damages arising out of communications, contact and meetings with other Members and/or third parties’ services, including, without limitation, intentional, criminal, negligent or grossly negligent acts of other Members, individuals or third party services introduced to you or referred to you by Dateable; and

cwe are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, your access and use of (or inability to access or use) the Website, or your attendance at Introductions or Events. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

13.2Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD100.

13.3To the maximum extent permitted by law and only to the extent clauses 13.1 and 13.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, your access and use of (or inability to access or use) the Website, or your attendance at an Event, must not exceed NZD100.

14PRIVACY

14.1From time to time, we may collect personal information from you. We will comply with our Privacy Policy and the Privacy Acts 1993 and 2020 when collecting, using and storing your personal information.

14.2You agree to comply with your obligations under these Terms to keep the Personal Information of other individuals confidential, as further set out in clauses 7.3, 10.2a, 15.3c

15FEES

15.1You agree to pay the Fees.

15.2You must provide us with a valid credit card number or Paypal Account when you register as a Client/Member, when booking a Partner session or booking at Event.

15.3If Dateable suggests a match for you we will notify you. You will be required to log in to your Account to review the suggested match. If you choose to accept the match you:

aconfirm the acceptance of the match that Dateable has suggested and agree to meet at an Introduction;

bagree for Dateable to share your mobile phone number with your match;

cagree to pay the Match Fee if the Member/Client you are matched with also accepts the match. We will not share your match’s mobile phone number with you until you have paid the Match Fee.

15.4The Fees include GST (if any).

15.5Refunds:

aJoining Fees paid to Dateable are non-refundable

bMonthly Fees are non-refundable. If you wish to cancel your subscription you are responsible for ensuring that your monthly subscription is suspended or terminated. You can check this by logging into your Paypal account.

cWhere there is a Service Fee for Event bookings, it is non-refundable.

15.6We may amend the the Fees from time to time by notice to you and/or on the Website.

16TERM, TERMINATION AND SUSPENSION

16.1You may terminate your Membership at any time by deleting your Account. After termination you will continue to have access to the Website for the remainder or the period you have paid for.

16.2If the Client subscription option you have selected includes a minimum term, the earliest date for termination will be the expiry of that minimum term. If you terminate your Membership prior to the expiry of any minimum term, you will not be entitled to receive a refund.

16.3Clients may downgrade their Account to a Member’s Account, but remain responsible for suspending Paypal subscription payments and notifying us by email of the request to downgrade.

16.4Members may upgrade to a Client’s Account, subject to clause 6.2

16.5We may suspend or terminate any Account for any reason without notice to you, and If we suspend or terminate your Account, you must not create another one without prior approval.

16.6Without limiting other rights and remedies available to us, if we believe you have breached or are in breach of these Terms, we may:

alimit your activities on the Website;

bissue a warning to you;

csuspend or terminate your access to the Website; and/or

dco-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of Clients/Members.

16.7If you do not pay any amount due pursuant to these Terms, we may suspend access to your Account until such time as the outstanding payment is received. If we do not receive the outstanding amount due, we may terminate your Account.

16.8On suspension or termination by us, you must immediately cease using the Website and must not attempt to gain further access.

16.9No compensation is payable by us to you as a result of termination of these Terms for whatever reason, and you will not be entitled to a refund of any Fees that you have already paid.

17COMPLAINTS AND DISPUTES

17.1You agree to communicate via text and email to resolve any issues or concerns and to keep all communication private.

17.2You may report abuse or inappropriate behaviour by another Client/Member or offensive content on the Website by emailing us at hello@dateable.co.nz

17.3We have the right, but no obligation, to monitor disputes between you and other Clients/Members.

18GENERAL

18.1These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.

18.2For us to waive a right under these Terms, the waiver must be in writing.

18.3Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 8.3, 10.8, 11, 12, 13, continue in force.

18.4If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

18.5These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.

19CONTACT US

19.1If you have questions about these Terms, you can contact us at hello@dateable.co.nz