1.1. These Terms govern your use of the website located at www.cupidspeeddating.com.au (the “Website”) and form a binding contractual agreement between you, the User of the Website and Cupid Speed Dating (ABN 65 965 614 655). For that reason, these Terms are important and you should read them carefully and contact Cupid Speed Dating with any questions before you use the Website.
1.2. By viewing or browsing the Website, you acknowledge that you have had sufficient chance to read and understand these Terms, and that you agree to be bound by them.
1.3. If you do not agree to these Terms, you may not access or otherwise use the Website.
1.4. Cupid Speed Dating reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Cupid Speed Dating updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
2.1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Cupid Speed Dating in the user interface.
3.1. Cupid Speed Dating may, from time to time, offer you the opportunity to attend special Events run by Cupid Speed Dating (the "Events"). The Events may have a displayed age range for each gender and you will have to be within that range to be eligible to attend. It is your responsibility to ensure that you purchase a ticket to an Event for which you are within the appropriate age range.
3.2. Cupid Speed Dating reserves the rights to check photo identification for proof of age, and refuse entry to anyone who does not meet the criteria of the Event, including age or any other criterion specified or anyone who has previously been banned.
3.3. Cupid Speed Dating reserves the right to refuse admission to any individual who does not conduct themselves in an appropriate manner, or who has not followed the guidelines given for conducting Events, such refusal being in Cupid Speed Dating’s sole discretion. No refund or credit will be awarded.
3.4. Cupid Speed Dating takes no responsibility for the actions of participants before, at or after a Cupid SpeedDating event.
3.5. If you participate in a Cupid Speed Dating event, you agree not to initiate any claim against Cupid Speed Dating resulting from either social or dating activities and agree to release Cupid Speed Dating from any liability with respect to: (a) any matching contact details whether by customer error or error by Cupid Speed Dating; (b) any loss you may suffer as a result of theft or damage to your belongings; (c) any loss or damage you may suffer from the actions of any participant of a Cupid Speed Dating event, before, at or after an event.
3.6. By participating in a Cupid Speed Dating event, you agree to allow the use of any photos taken at an Event for advertising or promotional purposes, unless notified otherwise. If you do not wish for your photo to be used for this purpose, please notify Cupid Speed Dating in writing prior to the Event.
4. Purchases and Delivery Policy
4.1. You will be provided with an opportunity to pay the relevant purchase price for a ticket to Events. You acknowledge and agree that the purchase price for tickets to the Events are non-refundable and are paid in advance prior to an Event organised by Cupid Speed Dating taking place.
4.2. Cupid Speed Dating reserves the right to offer discounts to the Ticket Price from time to time.
4.3. All Event ticket or online service purchases, as listed on the Website, are delivered electronically and will be delivered immediately upon completion of a successful online credit card payment.
5. Event Refunds
5.1. Please understand that planning a Cupid Speed Dating event is a highly customised, time-consuming process, which incurs costs to the company prior to an Event taking place. A cancellation at any time can be a real setback to the process. Your place cannot be reserved or confirmed until payment has been received.
5.2. If you have pre-paid and/or paid and booked into an Event but do not attend, you are not eligible for a refund under any circumstances (except to the extent that your consumer guarantee rights, which are described later in these terms, entitle you to a refund). If you notify the Customer Service team in writing 7 days prior to the Event that you are unable to attend, Cupid Speed Dating will happily offer you a credit to attend another Event that is of equal or less value to the amount that you have paid.
5.3. Cupid Speed Dating will not provide, under any circumstances, any admission, refund or credit after an event has already begun.
5.4. The sole recourse in the event of dissatisfaction with a Cupid Speed Dating event is to attend another Cupid Speed Dating event at half the advertised cost, unless your consumer guarantee rights entitle you to anything more than that. The customer service and events team at Cupid Speed Dating work hard to ensure that every Event has an approximately equal number of participants. However, some people fail to attend an Event even though they have accepted an invitation and paid. Should a significant difference in numbers adversely affect your experience at a speed dating Event, or should you have fewer than 10 dates at any Event where at least this number of dates is advertised, Cupid Speed Dating will happily book you into another Event at half price. Please note that mere dissatisfaction with the people you meet at an Event does not entitle you to attend an Event at half price.
5.5. In the event of a cancellation or postponement (outlined below), you acknowledge that Cupid Speed Dating will not provide a refund unless the condition laid out below regarding postponement or alternative Events are not available for whatever reason.
5.6. You acknowledge and agree that any refunds provided for under this clause are at Cupid Speed Dating's sole discretion.
5.7. Cupid Speed Dating does not offer refunds or credits if you are refused entry to an Event.
5.8. In the event you are issued a credit, it will be valid for six months from the date it was issued.
6. Cancellations and Postponements
6.1. On occasion, a Cupid Speed Dating event will have to be postponed. Cupid Speed Dating recognises that participants look forward to attendingEvents and that postponing an Event can be extremely frustrating. Please be assured that every effort is made to ensure that all Events proceed as planned and only cancel an Event when confident that the experience forparticipants would not be up to the normal high standard. Speed dating relies on there being an approximately equal number of men and women (if applicable) and if there is a significant difference in this number, or there just aren't enough people overall, then the the lesser of two evils is preferred and the Event will be postponed.
6.2. If an Event cannot be filled, it will either be rescheduledfor another date or you will be booked into an alternative Event using the credit applied to your account. You will be notified of the new date by email and/or SMS before the day of original Event (unless there is an unusually large number of people cancelling on the day of the Event in which case you will be notified on the day). If this new date is not convenient you will be offered the opportunity to wait for the next suitable Event.
6.3. Cupid Speed Dating may conduct ID checks either at the venue or prior to the Event commencing. If you are found to be outside the age range, Cupid Speed Dating reserves the right to refuse you participation in the Event. Where you are refused entry Cupid Speed Dating will not provide a refund or credit.
6.4. In booking an Event you understand that Events are highly dependent on the number of attendees and that Cupid Speed Dating may, at their sole discretion, elect to cancel an Event. Where an Event is cancelled pursuant to clause 6.1 and 6.2, Cupid Speed Dating will use all reasonable endeavours to find a suitable replacement Event. You will be notified of the new Event date through the email and/or phone number provided with your Account. Where a new Event is not possible, Cupid Speed Dating will credit the value of the Event to your account to be used at a later date.
7. Use of the Website
7.1. You do not need to register to the Website in order to view the Content.
7.2. Any personal data or information provided by you is processed by Cupid Speed Dating in accordance with clause 11. By browsing the Website and providing any such data or other personal information: (a)you agree that all information provided during the registration process is true and accurate and you will update this information in order to keep it current, complete and accurate; and (b) you agree to the terms of clause 11.
7.3. You may not use the services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with Cupid Speed Dating; (b) you are a person barred from receiving the services under the laws of Australia or other countries including the country in which you are resident or from which you use the services; or (c) you have previously been convicted of a criminal offence relating to any violent or sexual actions.
8. Your Obligations
8.1. As a participant, you agree to comply with the following: (a) use the services only for purposes that are permitted by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; (b) any use of your personal details by any other person, or third parties, is strictly prohibited. You agree to immediately notify Cupid Speed Dating of any unauthorised use of your personal details or any breach of security of which you have become aware; (c) you must not expressly or impliedly impersonate another participant at any time; (d) you are solely responsible for your interactions with other participants; (e) you understand that Cupid Speed Datingdoes not in any way screen its participants, nor does Cupid Speed Dating inquire into the backgrounds of its participants or attempt to verify the statements of its participants. Cupid Speed Dating makes no representations or warranties as to the conduct of its participants or their compatibility with any current or future participants; (f) you agree not to harass, impersonate, stalk, threaten another participant of the Website or Event; (g) you will not use the Events in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Cupid Speed Dating.
9. Personal Information Collection
9.1. Cupid Speed Dating may collect and use the following kinds of personal information: (a) when you register to the newsletter, Cupid Speed Dating may collect personal contact information to provide you with information about their events which are relevant to you. This may include name, contact details, age, gender, etc.; (b) Cupid Speed dating does not retain any transactional information in their systems; (c) Cupid Speed Dating collects contact information for the purposes of their Events, such as ticket purchases, name, personal contact information; (d) Cupid Speed Dating provides information to mutual matches of which you have selected on your Score Card when attending an Event, this information may include name, contact number, and email address.
10. Using Personal Information
10.1. Cupid Speed Dating may use your personal information to: (a) to optimise the Website and services; (b) send to you products that you purchase; (c) supply to you services that you purchase; (d) send to you statements and invoices; (d) send you marketing communications.
10.2. Where Cupid Speed Dating discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with these Terms.
10.3. In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Cupid Speed Dating may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
11. Copyright and Intellectual Property
11.1. The Website, Services, and all of the related products of Cupid Speed Dating are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the "Content") are owned or controlled for these purposes, and are reserved by Cupid Speed Dating or its contributors.
11.2. Cupid Speed Dating retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any: (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
11.3. You may not, without the prior written permission of Cupid Speed Dating and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
12. General Disclaimer
12.1. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
12.2. Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and (b) Cupid Speed Dating will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from Cupid Speed Dating’s failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
12.3. Use of the Website, the Services, and any of the products of Cupid Speed Dating, is at your own risk. Everything on the Cupid Speed Dating, the Services, and the products of Cupid Speed Dating, are provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Cupid Speed Dating make any express or implied representation or warranty about its Content or any products or Services (including the products or services of Cupid Speed Dating) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (b) the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Services or any of the products of Cupid Speed Dating; (d) the Content or operation in respect to links which are provided for the participant’s convenience; (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
13. Limitation of Liability
13.1. Cupid Speed Dating's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Event Fee paid by you for the purchase of the Services under these Terms or where you have not paid an Event Fee, then the total liability of Cupid Speed Dating is the resupply of information to you.
13.2. You expressly understand and agree that Cupid Speed Dating, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
13.3. Cupid Speed Dating is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Services, whether posted or caused by participants of Cupid Speed Dating, by third parties or by any of the services offered by Cupid Speed Dating.
13.4. Cupid Speed Dating does not control and is not responsible for the behaviours and actions of its participants.
14. Termination of Contract
14.1. The Terms will continue to apply until terminated by either you or by Cupid Speed Dating as set out below.
14.2. If you want to terminate the Terms, you may do so by: (a) notifying Cupid Speed Dating at any time; and (b) closing your accounts for all of the services which you use, where Cupid Speed Dating has made this option available to you. Your notice should be sent, in writing, to Cupid Speed Dating via the 'Contact' link.
14.3. Cupid Speed Dating may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) Cupid Speed Dating is required to do so by law; (c) the partner with whom Cupid Speed Dating offered the Services to you has terminated its relationship with Cupid Speed Dating or ceased to offer the Services to you; (d) Cupid Speed Dating is transitioning to no longer providing the services to participants in the country in which you are resident or from which you use the service; or (e) the provision of the services to you by Cupid Speed Dating is, in the opinion of Cupid Speed Dating, no longer commercially viable.
14.4. Subject to local applicable laws, Cupid Speed Dating reserves the right to refuse you entry to an Event or ban you from registering for an Event at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Cupid Speed Dating's name or reputation or violates the rights of those of another party.
14.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Cupid Speed Dating have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
15.1. You agree to indemnify Cupid Speed Dating, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or (c) any breach of the Terms.
16. Dispute Resolution
16.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
16.2. Notice: A party to the Terms claiming a dispute ("Dispute") has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
16.3. Resolution: On receipt of that notice ("Notice") by that other party, the parties to the Terms ("Parties") must: (a) within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; (b) if for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of Queensland or his or her nominee; (c) the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; (d) the mediation will be held in Brisbane, Australia.
16.4. Confidentiality: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
16.5. Termination of Mediation: If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
16.6. Legal Proceedings: In the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
17. Venue and Jurisdiction
17.1. The Services offered by Cupid Speed Dating are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
18. Governing Law
18.1. This agreement is governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This agreement shall be binding to the benefit of the parties hereto and their successors and assigns.
19. Independent Legal Advice
19.1. Both parties confirm and declare that the provisions of this agreement are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
20.1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.