Terms Of Use

  1. DEFINITIONS AND INTERPRETATION

    1. Chat Rooms means the video meeting which occurs between Users as part of the dating service.
    2. Intellectual Property Rights means intellectual property rights at any time protected by statute or common law, including copyright, trademarks, patents and registered designs.
    3. License means the right to use the service as obtained through purchase of either a standard Date Assured Membership, or VIP Date Assured Membership.
    4. Date Assured means Date Assured Pty Ltd ACN 654208492 and its duly authorised agents, employees and assigns.
    5. Session means the video meeting that occurs between members as part of the dating service. This session allows Users to meet each other, and interact via Date Assured chat rooms.
    6. Standard Member means a User who has purchased membership at a standard rate and therefore has access to base value services.
    7. User means the person identified in these Terms of Use as the User and/or Member, includes the individual who purchased a Date Assured Membership, User's agents and permitted assigns.
    8. VIP Member means a User who has purchased membership at a higher rate, and therefore has access to more exclusive services.
    9. Interpretation in these Terms of Use, unless the context otherwise requires:
      1. The singular includes the plural and vice versa;
      2. Headings are for ease of reference only and do not affect the meaning or interpretation of these Terms of Use;
      3. If the date on which any act, matter or thing is to be done falls on a day which is not a Business Day, that act, matter or thing must be done on the next Business Day.

  2. ELIGIBILITY FOR MEMBERSHIP

    1. By creating an account pursuant to these Terms of Use the User warrants that they:
    2. are over 18 years of age;
    3. have not misrepresented their identity; 
    4. are not a person who is banned from using dating services by any law enforcement agency, regulatory body, Court or Tribunal.

  3. CONDITIONS OF MEMBERSHIP

    1. By creating an Account, the User agrees to be bound by:
    2. these Terms of Use;
    3. any terms disclosed by Date Assured and agreed to by the User
    4. applicable local, state and national laws, rules and regulations.
    5. The User understands, acknowledges and agrees that Date Assured is an introductory service provider between the User and other users which service does not guarantee that the User will secure contact or a date with such other users or with any user in particular, nor that such contact or date (should they occur) will be to the User’s satisfaction.
    6. The User by accepting these Terms of Use expressly acknowledges that Date Assured by offering the Service discharges in full its obligation to provide introductory services to the User and that Date Assured solely offers a service which allows Users the opportunity to date other users at the sole discretion and responsibility of both the User and other users.

  4. PAYMENT AND REFUNDS

    1. Date Assured offers products (memberships) and services for purchase.
    2. Through the act payment of a product (membership and classes thereof), an individual is taken to be applying for a membership to the service.
    3. Through the act of acceptance of such payment Date Assured is taken to approve an individual’s membership with the service as a User.
    4. If Users purchase an auto-recurring periodic subscription membership, card payment information and the payment method will be stored by Date Assured and the User will be billed for the subscription periodically until the User cancels the same.
    5. If a User wishes to cancel payment made by an auto-recurring subscription;
    6. All monies owed by the User must be paid to Date Assured at the date of cancellation; and
    7. All monies owed to a User from Date Assured will be refunded within 14 days of the date upon which Date Assured received notice of the cancellation.
    8. If a User fails to make full payment when due Date Assured may, without notice immediately retain the deposit paid by the User and terminate the account of the User.

  5. SERVICES

    1. When purchasing a Standard Membership, the User shall obtain the ability and right to book into sessions whereby they meet other users with Standard Membership.
    2. A Standard Membership allows such users to:
    3. Access session comprising of 5 male, and 5 female users; or
    4. Access session comprising of 6 LGBT users; and
    5. Book such sessions three hours in advance.
    6. Each standard session gives a Standard User five (3) minutes to interact with 5 other standard users, therefore going for a total duration of fifteen (15) minutes.
    7. When purchasing a VIP Membership, the User shall obtain the ability and right to book into sessions whereby they meet other users with VIP Membership.
    8. VIP Membership allows such users to:
    9. Have access to VIP sessions whereby VIP Users review details of other VIP users prior to sessions, including but not limited to a VIP users occupation, age and image; and
    10. Select the type of session they wish to attend.
    11. Each VIP session gives a VIP User three (3) minutes to interact with each VIP user therefore going for a total duration of fifteen (15) minutes.

  6. USER DUTIES

    1. Date Assured grants the User a personal, non-assignable license to access the Service.
    2. A User’s license is for the sole purpose of letting the User access the Services as permitted by these Terms of Use.
    3. Users may interact with other users only once both parties have requested and accepted the other party as a contact.
    4. Date Assured gives no warranty or guarantee that other users will accept requests from the User for interaction or to otherwise take up contact with the User during the use of the Services.
    5. During any interaction with other users of the Services, a User must not:
    6. Use the Service for any purpose that is illegal or prohibited by these Terms of Use.
    7. Use the Service for any harmful purpose.
    8. Spam, solicit money from or defraud any users.
    9. Impersonate any person or entity or post any images of another person.
    10. Copy or modify any copyrighted material, images, trademarks, trade names, or other intellectual property accessible through the Service without Date Assured’s prior written consent.
    11. Post information that is not accurate and truthful.
    12. Bully, "stalk", intimidate, assault, harass, mistreat or defame another user.
    13. Post any Content that violates or infringes any third party rights or which is prohibited at law.
    14. Post any Content that is threatening or pornographic.
    15. Post any Content that incites violence.
    16. Post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
    17. Use another User's account, share an account with another User, or maintain more than one account.
    18. Create another account if Date Assured has already terminated that User’s account.
    19. Express or imply that any statements made are endorsed by Date Assured.
    20. Use the Service in any way that could interfere with, disrupt or negatively affect the Service.
    21. Compromise the security of the Service.
    22. Any breach of the User obligations of the conditions set out at paragraphs to 6 entitle Date Assured to immediately and without notice to terminate the User’s account.
    23. The User acknowledges that they are the sole operator of their account and are personally responsible for their interactions with other users whilst using the Service.
    24. Date assured makes no representations or warranties as to the conduct of users.
    25. While Date Assured reserves the right to review and remove content that violates these Terms of Use, such content is the sole responsibility of the user who has posted it and the User hereby releases and holds harmless Date Assured for any loss, injury, damages, suit or claim which may arise from any such content.
    26. The User acknowledges and agrees that Date Assured cannot and does not conduct criminal background checks on users or otherwise inquire into the background of users of the Services.

  7. DATE ASSURED RIGHTS

    1. By creating an account, the User grants Date Assured an irrevocable right and license to host, store, use, copy, display, reproduce, edit, publish, modify and distribute information posted by the User.
    2. Date Assured may monitor, review, investigate and delete any content, in whole or in part, that violates these Terms of Use or may harm the reputation of the Service.
    3. By using the Services, Users give Date Assured consent to store recordings for any or all Date Assured videos.

  8. DISCLAIMERS

    1. Date Assured provides the service to the extent permitted by applicable law and makes no warranties whether express, implied or otherwise with respect to the service.
    2. Date Assured does not represent or warrant that:
    3. The service will be uninterrupted, secure or error free;
    4. Any defects or errors in the service will be corrected on time;
    5. That any content or information Users obtain on or through the service will be accurate;
    6. Date Assured takes no responsibility for any content that a User or another member or third party posts, sends or receives through the Service.
    7. Any material downloaded or otherwise obtained through the use of the Service is accessed at a User’s own discretion and risk.

  9. THIRD PARTY SERVICES

    1. Date Assured may contain advertisements and promotions offered by third parties and links to other web sites or resources.
    2. If a User chooses to interact with the third parties made available through the Service, such party's terms will govern their relationship other Users.
    3. Date Assured is not responsible or liable for such third parties' terms or actions.

  10. LIMITATION OF LIABILITY

    1. To the fullest extent permitted by applicable law, in no event will Date Assured be liable for any indirect, consequential, incidental, special or punitive damages, including, without limitation, loss of profit resulting from:
    2. User access to or use of or inability to access or use the service;
    3. The conductor content of other Users or third parties on through, or following the use of the service; or
    4. Unauthorised access, use or alteration of content, even if Date Assured has been advised of the possibility of such damages.

  11. INDEMNITY

    1. Users agree to the extent permitted under applicable law, to indemnify and defend Date Assured from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses arising out of, or relating in any way to User access to or use of the Service, Content, or User breach of these Terms of Use.