Terms and Conditions
AGREEMENT COVERING THE TERMS AND CONDITIONS OF USE OF FACETIME.COM.AU
When you join Facetime.com.au and/or use the Facetime Service (“Service”) you agree to all of the terms and conditions of this Agreement.
Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the Service and should not proceed to register.
By using the Facetime Service you are agreeing to be bound by this Agreement, including all amendments made to date.
By entering a tick alongside the "I accept the Terms and Conditions", and pressing the 'Create my account' button, you register as a Member and accept the terms and conditions described below applicable to your use of the Facetime Service.
- User Agreement
This Agreement constitutes your agreement with Getalife.com Pty Ltd with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" means Getalife.com Pty Ltd or any successor or assign of Getalife.com Pty Ltd
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. 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. The current version of the Agreement, binding you, is that displayed on the Facetime web site.
- Able to make legally binding contract
You represent, warrant and covenant that you are at least 18 years old and are fully qualified and empowered to enter into this Agreement.
- Right to use
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
- Right to terminate
We reserve the right to terminate the Service, or any part thereof, at any time in our absolute discretion. We reserve the right to terminate this Agreement, or your use of the Service, at any time in our absolute discretion, with your sole entitlement being a right to refund of any unused portion of subscription payments.
- Public and Private Information
Information you may enter into or upload to Facetime may include Information that remains Private to you and Getalife.com Pty Ltd, and Public Information that you choose to make available for other users of the Service. Getalife.com Pty Ltd will deal with your private information in accordance with our Privacy Statement, which you can review here.
- Getalife.com Pty Ltd does not control information
You, and not Getalife.com Pty Ltd, are entirely responsible for all of your Public Information, including all postings, messages, text, files, images, photos, video, sounds, or other materials, that you upload, post, e-mail, transmit or otherwise make available via the Facetime web site and our services. We do not control your information or the information of other users and do not guarantee the accuracy, integrity or quality of your information or the information of other users.
- Getalife.com Pty Ltd not liable for any information
You agree that under no circumstances will Getalife.com Pty Ltd be liable in any way for any Information, including, but not limited to, for any errors or omissions in your Information or the Information of other users, or for any loss or damage of any kind incurred as a result of the use of your Information or use of or reliance upon Information of other users posted, e-mailed, transmitted or otherwise made available in connection with our web site and services.
- We have the right to monitor and eliminate materials
We reserve the right to monitor all advertisements, public postings and messages, pictures, photographs, audio and video recordings to ensure that they conform to the terms of this Agreement and to any Information Guidelines that may be applicable from time to time.
- Exposure to objectional materials
You understand that Getalife.com Pty Ltd does not control, and is not responsible for Information made available through the Service, and that by using the Service, you may be exposed to Information that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
- Removal of Information
While we do not and cannot review every message or other material posted or sent by users of the Service, and 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, public postings and messages, that we, in our sole discretion, deem to violate terms regarding Information as set out in this Agreement or any applicable information guidelines, or to be otherwise unacceptable. Members who's profiles and other posted content (activities, groups, ratings, messages) have been removed from the site on ground of breach of information guidelines or conduct, as stipulated in these terms, will not have their subscription payments reimbursed.
- Removal of Member Account Should you choose to remove your member Profile and Account from the Facetime site, you will need to do this yourself via the easy Account removal functionality (My Account > Update Account). Facetime does not accept the responsibility to remove member profiles on behalf of our members.
- Links to other web sites
The Facetime site and Information available through the Service may contain links to other websites, which are completely independent of Facetime.com.au. Getalife.com Pty Ltd makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site, and we do not warrant that such information may be free of objectionable materials. Your linking to any other webites is at your own risk.
- You agree not to do certain things
You agree not to post, email, or otherwise make available Information:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libellous, invasive of another's privacy, or harms minors in any way;
- that is offensive, indecent, inaccurate, misleading, or otherwise objectionable;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- that includes personal or identifying information about another person without that person's explicit consent.
- that is false, deceptive, misleading, deceitful or misinformative;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Information that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- that constitutes or contains "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial email;
- that constitutes or contains any form of advertising or solicitation;
- that constitutes any form of promotion for groups, events or activities organised through other competing social clubs, activity sites and internet platforms, except as specifically authorised in writing by Getalife.com Pty Ltd;
- that includes links to commercial services or web sites, except as specifically authorised in writing by Facetime;
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
- that employs misleading email addresses or otherwise manipulated identifiers in order to disguise the origin of Information transmitted through the Service.
- Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- collect personal data about other users for commercial or unlawful purposes;
- infringe another user’s privacy rights;
- purposefully post Information in an irrelevant category, repeatedly post the same or similar Information or otherwise impose an unreasonable load on the Facetime systems and infrastructure; or
- attempt to gain unauthorized access to Getalife.com Pty Ltd’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Facetime website;
- attempt to promote or advertise your business' or organisation's products and services by posing as member to subsequently post your events to Facetime's directory of member activities.
- In addition, you agree not to disrupt or negatively affects other users' ability to enjoy the Service by:
- not participating at activities, organised by yourself or by others, without having removed your name from the list of activity participants (via the link ‘Leave Activity’ on the Activity Profile page) or without having informed the organiser about your inability to attend ("doing a no-show")
- attending activities against the wishes of the organiser;
- not honouring the explicit wishes of activity organisers to remove your name from the list of participants to the activity (via the link ‘Leave Activity’ on the Activity Profile page)
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party. You are responsible for maintaining the confidentiality of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Facetime cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 15.
- Meetings or activities you organise or attend are your responsibility
The Facetime service provide tools that enable users to arrange physical meetings for various activities. Facetime does not supervise such meetings or activities and is not involved in any way with the conduct of any individuals at these meetings or activities. As a result, we have no control over the identity or conduct of individuals who are present at these meetings or activities.
- Because Getalife.com Pty Ltd does not supervise any meetings or activities between users and other persons, and because Getalife.com Pty Ltd is not involved in any way with such meetings or activities or with the conduct of any individuals at such meetings or activities, you unconditionally release Getalife.com Pty Ltd from 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 your attendance at, or the conduct of you or other persons at, such meetings or activities.
- You agree to exercise caution and good judgment when attending meetings or activities with other people that you have arranged whilst using Facetime’s services.
- Proprietary rights & copyright
The Facetime Service contains information which is proprietary to us, our partners and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy, rent, lease, loan, sell, distribute or create any such information in any manner whatsoever, including derivate works based on such information, without having first received the express permission of the owner of such information.
- You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
- Facetime trademarks and service marks, and other Facetime logos, products and service names, are trademarks of Getalife.com Pty Ltd (the " Facetime Trademarks"). You agree not to display or use in any manner the Facetime Trademarks without Facetime's prior written consent. Facetime's written consent shall not, however, be required if your display or use of the Facetime Trademarks constitutes non-commercial use, news reporting or news commentary.
- Privacy and use of information
By issuing the services you have also agreed to our Privacy Statement. 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 you should use caution in selecting the personal information you provide to others through the Service; and (c) we cannot assume any 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.
- Disclosure and other communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Facetime related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity. By your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.
- You license us to use information you generate
- As is service
The Facetime service, and all materials, information (including, without limitation, any information or materials obtained or accessed through the Facetime services), products and services included therein are provided on an "as is" basis, with no warranties of any kind whatsoever.
- Exclusions of liability
Getalife.com Pty Ltd and its affiliates, licensors, partners, suppliers, consultants and agents expressly disclaim to the fullest extent permitted by law:
- any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Facetime service;
- any and all responsibility and liability for the conduct of any Member;
- all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights;
- any warranties for the security, reliability, timeliness, accuracy, and performance of the Facetime site and the service;
- any warranties for other services or goods received through or advertised on the Facetime site or the sites or service, or accessed through any links on the Facetime site;
- any warranties for viruses or other harmful components in connection with the Facetime site or the service; and
- any warranties that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service.
- Limitation of liability
You agree that in no event shall Getalife.com Pty Ltd be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or in connection with our web site, our services or this Agreement (even if Getalife.com Pty Ltd has been advised of the possibility of such damages) or the inability to use our web site or our services (however arising, including negligence), or arising out of or in connection with attendance at meetings or activities, and the conduct of you or others at meetings or activities.
- Getalife.com Pty Ltd’s liability to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees, if any, you pay to us in the twelve (12) months prior to the action giving rise to liability, and (b) $100.
You agree to indemnify Getalife.com Pty Ltd, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, provided, however, that you shall remain liable for any such claim.
Except as otherwise stated, any notice to us shall be given by registered postal mail to Getalife.com Pty Ltd or by e-mail to firstname.lastname@example.org and any notice to you shall be given to the e-mail address that you provided us during the registration process. Notice shall be considered given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.
- No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Getalife.com Pty Ltd is intended or created by this Agreement.
You agree that this Agreement and all incorporated agreements may be automatically assigned by Getalife.com Pty Ltd, in our sole discretion, in whole or in part, to one or more third parties in the event of a merger or acquisition. At the election of Getalife.com Pty Ltd, if Getalife.com Pty Ltd's obligations hereunder are assumed by a third party, Getalife.com Pty Ltd shall be relieved of any and all liability under this Agreement. You do not have the right to assign this Agreement or any of your rights to the Service to anyone.
- Force Majeure
Without limiting the foregoing, under no circumstances shall Getalife.com Pty Ltd be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
- No Waiver
Facetime’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Getalife.com Pty Ltd nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
Sections 8, 17, 19, 20, 21, 24 to 29 (inclusive) and 33 shall survive any termination or expiration of this Agreement.
You and Facetime each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our services or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- Governing Law
This Agreement and the relationship between you and Facetime shall be governed by the laws of the State of New South Wales, Australia. You and Facetime agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New South Wales, Australia.
- Entire Agreement
This Agreement constitutes the entire agreement between you and Facetime, superseding any prior agreements between you and Getalife.com Pty Ltd.
ACCEPTED BY THE REGISTERING USER