TERMS AND CONDITIONS

YESLETS.COM.AU TERMS OF USE

This is a legal agreement between you and Yeslets.com.au. By accessing our website yeslets.com.au (the ”Site”) you become a user and agree to and are bound by the terms and conditions of this Agreement for as long as you continue to use the site or services.

1 INTRODUCTION

1.1 Consent: By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy available on our site.

1.2 Terms: Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

1.3 Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

2 PRIVACY

2.1 We are bound by Australian privacy laws. Please refer to our Privacy page for more details.

3 SECURITY

3.1 Yeslets.com.au uses industry standard efforts such as firewalls and various security software to safeguard your information. However perfect security does not exist on the internet.

3.2 Yeslets.com.au does not represent or warrant that: you will be able to access or use the Apps, the Websites and/or the Services at the times or locations of your choosing; that operation of the Apps, the Websites and/or the Services will be uninterrupted, timely, error-free; your use of the Apps, the Websites and/or the Services will meet your requirements; defects in the operation of the Apps, the Websites and/or the Services will be corrected; or the Apps, the Websites and/or the Services is free of viruses or other harmful components. You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Apps, the Websites and/or the Services is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material. Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, the Yeslets.com.au expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law.

3.2 You must maintain and are responsible for the confidentiality of your logon and password.

4 MEMBERSHIP

4.1 By registering and accepting this Agreement, you represent and warrant that (a) all information submitted by you is true, accurate, current and complete; and (b) you shall maintain and update information submitted in order to keep it truthful, current, accurate, and complete at all times. If any information that you submit during the registration process is untrue, inaccurate, out of date or incomplete, Yeslets.com.au shall have the right to terminate your use of the Service.

4.2 Adults only. You represent, warrant and covenant that you are at least 18 years old.

4.3 You may not use our service if you have previously been banned from using our service. 

4.4 You must not use our service if you have ever been convicted of violent or sexually related criminal offence. We do not conduct criminal background screenings of our Users, nor are we able to personally identify each User. The Company cannot be held liable for false declarations made by a Member. It is thus important to take certain common-sense precautions when meeting with another Member.  For example, consider informing a close friend or relative of any meeting and plan your first meeting in a public place.

4.5 You must not use our services for online dating purposes. This is a website for people to find companions for travel, sports and hobbies. Your account may be terminated without refund for contravening this policy. Any member complaints about unwanted dating requests will be taken seriously.

5 CODE OF CONDUCT

You agree to use this website in accordance with the following Code of Conduct:

5.1  You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;

5.2 You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;

5.3 You will not forward chain letters through the Service;

5.4 You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;

5.5 You will not post messages, pictures or recordings or use the Service in any way which (i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or violates the law;

5.6 You will not use the Service to distribute, promote or otherwise publish any material

containing any solicitation for funds, commercial advertising, or solicitation for goods, donations, or services;

5.7 You will not use the Service to distribute or upload any virus, Trojan horses, or do anything else that might cause harm to the Service, Yeslets.com.au systems, or to other members’ systems in any way.

5.8 You will not post or transmit in any manner any contact information including, but not limited to, email addresses, Instant Messenger nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information; and

5.9 You will not engage in any activity that constitutes or facilitates “spamming” or the sending of mass unsolicited messages.

5.10 You shall not hold yourself out a sponsored by, endorsed by or affiliated with Yeslets.com.au. You shall not attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by Yeslets.com.au in connection with the Yeslets.com.au Site or the Services.

6 PRIVACY AND USE OF INFORMATION

By using Yeslets.com.au you acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them; and (c) we assume no responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any

communications you may receive from other users. We cannot guarantee, and assume no responsibility for, verifying the accuracy of the information provided by other users of the Service.

You may not use Yeslets.com.au for any unlawful purpose. We may refuse to grant you an ID, nickname or username that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

Monitoring Information

We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines which may be applicable from time to time.

Removal of Information

While we do not and cannot review every message, photograph, or other material posted or sent by users of Yeslets.com.au, and while we are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, photographs, public postings and messages that we, in our sole discretion, deem as unacceptable and/or violates the Code of Conduct set forth above or any applicable content guidelines. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.

Termination of Access to Service

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice to you for any reason or no reason, including without limitation breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement

agencies.

Intellectual Property and Proprietary Rights You acknowledge that the Services and the Yeslets.com.au site are protected by certain proprietary and intellectual property rights belonging to Yeslets.com.au and that you have no right, title or interest in the Services of our site. All copyrights, patents, trademarks, service marks, trade secrets, database rights and other proprietary rights pertaining to the Services and the yeslets.com.au site are the sole and exclusive property of Yeselets.com.au. This provision shall survive termination of this Agreement.

External Links

The Service may from time to time contain links to other Internet sites and resources (“External Links”). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents.

Indemnity

You agree to indemnify us, our office, directors, affiliates, parent corporations, employees, and agents, from any loss or damages, including without limitation reasonable legal fees, which may occur from your activities while on or stemming from use of the Service, including but not limited to any breach by you of this Terms of Service or any charges or complaints made by other parties against you. You shall cooperate in your fullest capacity as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, provided, however, that you shall remain liable for any such

claim.

DISCLAIMERS OF WARRANTIES

YOU AGREE THAT USE OF YESLETS.COM.AU AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YESLETS.COM.AU AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS IMPLIED AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTEND PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, YESLETS.COM.AU DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE YESLETS.COM.AU SITE AND THE SERVICES. TO THE FULLEST YESLETS.COM.AU DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE YESLETS.COM.AU SITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE YESLETS.COM.AU SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YESLETS.COM.AU DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE YESLETS.COM.AU SITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. This provision shall survive termination of this Agreement.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL YESLETS.COM.AU BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE YESLETS.COM.AU SITE OR THE SERVICES OR RELIANCE ON THE YESLETS.COM.AU SITE OR THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF

YESLETS.COM.AU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE YESLETS.COM.AU SITE OR THE SERVICES, FROM INABILITY TO USE THE YESLETS.COM.AU

SITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE YESLETS.COM.AU SITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE YESLETS.COM.AU SITE OR THE SERVICES OR ANY LINKS ON THE YESLETS.COM.AU SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE YESLETS.COM.AU SITE OR THE SERVICES OR ANY LINKS ON THE YESLETS.COM.AU SITE. SUCH LIMITATION SHALL APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. This provision shall survive termination of this Agreement.

Information on data

You acknowledge and agree that all content uploaded by you to the Service is available for all customers within the Yeslets.com.au database and companies that Yeslets.com.au is partnered with. This is applicable regardless of the matter that other customers may have registered for the services provided by or us via other apps in the Yeslets.com.au Network or us or via other cooperation partners. Reciprocally you also enjoy the benefits of this central database for the Services provided which are available via different apps, due to the broader database available for you.

Your profile and its contents may be searchable by, and you may be able to search for the profiles and their contents of members registered to other apps operated or partnered with us, for example, co-branded or privately labeled. Your profile and its contents may be searchable by third-party search engines, for example Google, MSN, etc.

Limitations of Actions

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, your use of the Yeslets.com.au site or the Services must be filed within one (1) year after such claim or cause of action arose, or be forever barred. This provision shall survive termination of this Agreement.

Relationship of Parties

You and Yeslets.com.au are independent contractors. You are not an agent, representative, partner or employee of Yeslets.com.au. You will not have any right, power, or authority to enter into any agreement on behalf of, or incur any obligation or liability of, or to otherwise bind Yeslets.com.au. This Agreement will not be interpreted or construed to create an association, agency, joint venture, or partnership between you and Yeslets.com.au or to impose any liability attributable to such a relationship upon either party.

No Resale, Assignment, or Sublicensing

You agree not to resell, assign, sublicense, or otherwise transfer or delegate your rights or obligations under this Agreement without the prior express written consent of an authorized executive officer or representative of Yeslets.com.au. This provision shall survive the termination of this Agreement.

Nonwaiver and Severability

Yeslets.com.au failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of this Agreement to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and agree that the other provisions of this Agreement shall remain in full force and effect. This provision shall survive termination of this Agreement.

Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This provision shall survive termination of this Agreement.

Choice of Law

This Agreement shall be governed by the laws of the State of California without respect to choice of law rules and the Parties hereby consent to exclusive jurisdiction and venue in the state and federal courts in Santa Clara County, California for such purpose. This provision shall survive termination of this Agreement.

Headings

The captions and headings used in the Agreement are inserted for convenience only and will not affect the meaning or interpretation of the Agreement.

Merger Clause

This Agreement constitutes the entire and only agreement and supersedes any and all prior agreements, whether written, oral, express, or implied, of you and Yeslets.com.au with respect to the transactions set forth herein. Neither party will be bound by, and each party specifically objects to, any term, condition, or other provision which is different from or in addition to the provisions of the Agreement (whether or not it would materially alter the Agreement) and which is proffered by such party in any correspondence or other document, unless the party to be bound specifically agrees to such provision(s) in writing.

Termination

This Agreement may be terminated by you at any time by discontinuing use of the Services. This Agreement may be terminated by Yeslets.com.au (i) automatically upon any violation of this Agreement, with or without prior notice to you, at Yeslets.com.au sole discretion; (ii) at any time, for any reason, or no reason at all, with or without prior notice to you, upon Yeslets.com.au blocking of your access to the Services, discontinuation of your account and/or notification to you at the e-mail address provided in your registration. Upon any termination by Yeslets.com.au, you shall discontinue any effort to access the Yeslets.com.au site or the Services.

Modification

Yeslets.com.au may modify this Agreement from time to time at our sole discretion, with or without notice to you. Please check the Terms of Service frequently. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Privacy Policy

Please also read our privacy policy regarding personal information you submit on our website.

Fees for Services

In addition to the free services provided by Yeslets.com.au, certain premium services are offered which require payment for service. Where payment is required, the following additional terms and conditions will apply.

Cancellation of Premium Services

You may request cancellation of services of any Yeslets.com.au services at any time. If a fee has been paid for a service, all such payments for services are non-refundable. Where billing for a service is recurring on a monthly, yearly or other periodic basis, the unused portion of the current service service period will not be refunded.

Free Trials and Other Promotions

Any free trials or other promotion that provides additional services on Yeslets.com.au must be used within the specific time of the trial. You must cancel your premium subscription before the end of the trial period in order to avoid being charged a premium service fee. If you cancel prior to the end of the trial period and inadvertently charged for a subscription, please contact Customer Care to have the charges reversed.

Auto-renewal

Your subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to Settings.

Recurring Billing

Most subscription plans to the premium services consist of recurring periodic charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior cancellation. Yeslets.com.au submits periodic charges (example, Monthly) without further authorization from you, until you provide prior notice (confirmed in writing upon request by Yeslets.com.au) that you have terminated this authorization or wish to change your payment method.  Such notice will not affect charges submitted before Yeslets.com.au reasonably could act.

Refund for Premium Services

If you cancel your premium services, you are not eligible for a prorated refund of any portion of the premium service fees paid for the then-current subscription period. If you have prepaid for a certain period of service, you are not eligible for a prorated refund of any portion of the pre-paid amount upon cancellation. If you feel that you have a special circumstance and would like to request a review for refund, please contact us via mail: [email protected]

Termination of Services for Non-Payment

Where payment is required for a service and we are unable to charge your credit card for any reason, we may discontinue any and all service to you either temporarily or permanently.

Last update: 1 November 2018

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