Member terms and conditions

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. ManWoman.com.au and associated Alliances and Affiliates, herein ManWoman.com.au reserves the right to terminate your membership for any reason. ManWoman.com.au operates as a service for adults only, to become a member you must be at least 18 years old. Please do not attempt to register if you are under 18 years old.

By entering a tick alongside the "Tick here to accept and agree to the Terms and Conditions below", and pressing the 'Next Step' button, you register as a Member and accept the terms and conditions described below applicable to your use of our service provided by ManWoman.com.au.

1. As an adult you are solely responsible for any information contained in your Profile and all of your communications with other ManWoman.com.au Members (the "Members"). If you choose to publish a Profile, then it will be published on other sites throughout the ManWoman.com.au network, ManWoman.com.au does not, nor can it practically, monitor or control the use made of its Site by Members. Accordingly you agree to accept sole responsibility for the legality of your actions under all applicable laws. Each other Member is also bound by this User Agreement and agrees to accept sole responsibility for the legality of his or her actions under their applicable laws. ManWoman.com.au accepts no responsibility for the legality of the actions of any of its Members.

2. You will not use our Site to post or transmit offensive materials including offensive language or sexually explicit materials (including photographs);

3. You will not harass others by continuing to attempt or communicate with someone who has clearly asked you to cease communication. You are responsible for ensuring that your behaviour with other Members is lawful and complies with all applicable laws. To the extent that you do not (or another Member does not) comply with all applicable laws or any clause of this User Agreement, you release and discharge ManWoman.com.au from all rights, claims, actions, suits, proceedings and claims which, but for this clause, you may have had against ManWoman.com.au;

4. You will not include identifying information such as your real name, phone number, email address, ICQ number, address or any contact information in your Profile.

5. With respect to ManWoman.com.au:
(i) It reserves the right to suspend or terminate any Member who violates these terms and conditions, including, without limitation, where if a Member is suspected of having, or are found (by conviction or otherwise) to have, engaged in any fraudulent or other criminal activity in connection with our service, or at any other time, with or without cause in ManWoman.com.au' absolute discretion. ManWoman.com.au will have no liability to you if it suspends or terminates your account for any reason. You waive all rights you may have had against ManWoman.com.au in respect of such conduct.

(ii) In the case of Profiles, ManWoman.com.au may hide the Profile if it is judged offensive until the offensive portion is amended. Without limiting any other remedies, ManWoman.com.au may remove all or part of a Profile posted to its Site:

(a) if ManWoman.com.au receives a direction, demand or request to do so from any government department or agency; or

(b) at any other time, with or without cause, in ManWoman.com.au' absolute discretion - and ManWoman.com.au will have no liability to you if it removes all or part of a Profile for any reason, and you waive all rights you may have had against ManWoman.com.au in respect of such conduct.

(iii) It is not responsible for any information or material posted or transmitted via the service;

(iv) It has the right to amend the terms and conditions at any time by posting the amended terms on its Site. You (and all other Members) will be bound by the amended terms from that time and this User Agreement may not be otherwise amended;

(v) It is not responsible for ensuring that Members follow the terms and conditions notwithstanding these terms and conditions outline behaviour that is unacceptable on the service; and

(vi) Under no circumstances is it liable to a Member for any incidental consequential or indirect damages arising out of the use of the ManWoman.com.au service. In addition, it disclaims all liability to the full extent permitted by law, regardless of the form of action, for the acts or omissions of other Members or users. Nevertheless, nothing in this User Agreement is intended to limit or exclude any liability on the part of ManWoman.com.au where and to the extent that applicable law prohibits such exclusion or limitation. If you do not notify ManWoman.com.au within 12 months of the relevant conduct in respect of which the rights, actions, suits, proceedings or claims have arisen, then, to the extent permitted by law, you agree that you release and discharge ManWoman.com.au from all rights, actions, suits, proceedings and claims which, but for this clause, you may have had against ManWoman.com.au.

6. ManWoman.com.au discloses to you that there are risks of dealing with Internet users based in other countries, underage persons or people acting under false pretence or with some other criminal purpose.

7. User authentication on the Internet is difficult. Accordingly, ManWoman.com.au cannot and does not confirm that each Member or user is who he or she claims to be. Therefore, you must be careful in dealing with other Members or users.

8. Because ManWoman.com.au does not and cannot be involved in Member to Member communications and activities, in the event that you have a conflict with a Member, to the extent permitted by law, you hereby release ManWoman.com.au (and our agents and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such conflict.

9. You are solely responsible for the information provided by you for the Profile ("Your Information"), and ManWoman.com.au act as a passive conduit for your online distribution and publication of Your Information. However, ManWoman.com.au may take any action with respect to Your Information that it deems necessary or appropriate in its sole discretion, for example, if ManWoman.com.au believes Your Information may create any liability for us, or if it may cause us to lose (in whole or in part) access to the services of our ISPs or other suppliers, ManWoman.com.au may alter or remove all or part of Your Information.

10. You must ensure that Your Information
(i) is not defamatory, libelous, unlawfully threatening or unlawfully harassing; or

(ii) is not obscene and does not contain child pornography.

11. (i) This User Agreement will be governed by and construed in accordance with the laws of the State of Victoria, Australia. All users of the Site irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia;

(ii) The provisions of this Agreement are severable and, if any provision of this User Agreement is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforced;

(iii) The failure by ManWoman.com.au to act with respect to a breach by you of this User Agreement does not waive our right to act with respect to subsequent or similar breaches;

(iv) This User Agreement may not be construed adversely to us solely because ManWoman.com.au prepared it; and

(v) This User Agreement sets out the entire understanding and agreement between ManWoman.com.au and you with respect to its subject matter.

1. Privacy Act Policy and Principals

1.1 We respect your privacy.

1.2 We recognise our legal obligations and requirements in respect to your privacy. Even though we obtained through our service to you, your personal information which includes your name, address, telephone number, email address and other information, that information remains private and confidential.

1.3 We are not involved in the selling, trading or unauthorised use of your personal information that we obtained and we will not pass any of these details onto any other organisation whatsoever without your express permission.

2. The information we collect and use

2.1 Essential personal information needed for us to perform our service; this includes name, contact details, age and gender. This information is not released unless we have your express written consent to do so. It is our view that this information can only be disclosed if we are compelled to do so by law and that is to answer a subpoena (in which case you would be informed).

2.2 Non-personal information which is only used to improve our service; this would include data that does not personally identify you but is collected by us and used by us to improve our service and performance. For example, when you visit our webpage “URL requested is automatically recorded, as this is the time and date requested, and the browser software being used.

2.3 Further, specific or aggregate information may be collected by us to help maintain accurate accounts or assist in the marketing in the products and services to help make our website useful to you. For example our server recognises your domain name on the pages that you visit.

2.4 From time to time reputable third parties may be provided with aggregated statistical information only about sales, browsing patterns or navigations techniques. This information is definitely not personally identifiable.

2.5 Personal information voluntarily provided by you for our surveys, newsletters and being in conjunction with third party offers. Information that you volunteer to us on surveys, contests and registration pages is sometimes used by us to improve our business. These surveys do not release any personal or confidential information that we obtain (without your consent). We ensure that in any relations we have with third parties the third parties clearly state to us their intention for which the information is gathered and also provide to us their privacy policy. If there are any third parties offers or competitions we ensure that the terms and conditions of the third parties offers are clearly stated but strongly recommend that you read the third parties information carefully and understand it is your option as to whether or not you disclose personal information to the third parties.

3. Contacting you by email.

3.1. We may use your email address for purposes of communicating with you andproviding you with any information which we consider relevant including the checking of our system.

4. Public Profile.

4.1. We only record and publish information that you provide directly to us as part of our service.

4.2 All of the information you provide to us and the publishing of your public profile will be accessible to anyone accessing the internet.

4.3 All areas relating to what information is publicly viewable are stated by ourselves clearly on our site and you have the option at any time to remove this information from the site.

4.4 At no time will any personal contact information be disclosed to any other member of our service or any other person whatsoever.

4.5 Any person who is a user of our site may access, download and print any information that you provide.

4.6 We are not responsible for the use or disclosure by others of the information you provide to our site.

5. Instances where we collect personal information.

5.1 When you register as a site user.

5.2 When you send us an email.

5.3 When you post a profile.

5.4 When you use our e services.

6. Instances of disclosure of information.

6.1 We will not disclose any personal information we collect from you without your consent.

6.2 By using our profile service you implicitly consent to the disclosure of any personal information that you provide from the other person participating in the profile service.

7. How our business protects your personal information.

7.1 Your personal password is confidential and is encrypted to ensure it’s secrecy.

7.2 Through the use of your password you are able to enter personal details via the member services page.

7.3 Our computer technology is designed to ensure that your sensitive information is secure and protected from unauthorised access or improper use to the best possible extent.

7.4 Information, such as your credit card number, is not stored in a server that is connected to the internet.

7.5 All transfer of data for the purposes of billing and collection is done by encrypted transmission between our business and the bank.

8. Unsolicitored email (UCE or spam).

8.1 Marketing mail from us will generally be “opt in / opt out”. This means that you should not receive any commercial or marketing email from our business unless you have specifically requested to “opt in”.

8.2 When you “opt in” every piece of commercial email will contain an “opt out” or unsubscribe function. You can send us a message stating that you would prefer not to receive the email again and we will accept your wishes.

8.3 We will also send you email providing general information about services our business provides which are available to you from third persons. In that instance we will give you the option to “opt out” or unsubscribe should you prefer not to receive emails of that type.

9. Use of the site / services

9.1 We only provide services to people over the age of 18 and we do not market to children or knowingly collect personal information about children without parental consent.

10. How to protect your privacy.

10.1 Ensure that you close your browser and log out once you have finished on the internet to prevent other people gaining access to your information and correspondence. Our business has no control over other websites we may link to. We take no responsibility for the conduct of these companies. You should always ensure that you read the terms and conditions of other websites.

10.2 Keep your passwords and member details secret. If for any reason unauthorised access of your account occurs please notify us immediately.

10.3 Ensure that you frequently change your password.

10.4 This business takes no responsibility for any personal contact information that you disclose to other service members in our network. Please be careful before you voluntarily disclose this personal information to other people.

10.5 Please take full and proper precautions before you arrange to meet somebody you have met online. If you do arrange to meet that person ensure that you meet them during the day in a crowded place. You should also tell a friend or family member of those details.

11. Cookie

11.1 The business uses a feature of the browser called a “cookie” to assign a user ID. Cookies identify your computer to our servers when you visit our site and extend the functionality of the service offered in an area of our site. You must have cookies enabled on your web browser to use our site.

12. Member Agreement.

12.1 To access certain areas of our site you must have agreed to be bound by our member agreement. Our member agreement contains the entire subject matter of our relations with yourself.