PLATINUM INTRODUCTIONS Terms of Use

  1. INTRODUCTION
    Thank you for selecting www.platinumintroductions.com.au, operated by the PLATINUM INTRODUCTIONS Trust (ABN 47 295 399 578), (referred to as “Site”, “PLATINUM INTRODUCTIONS”, “we”, “our”, or “us”). Please read these Terms of Use (“Terms”) carefully. The Terms are a legal agreement between you and us in relation to your use of the Site and its associated services (the “Agreement”).

IF YOU DO NOT AGREE TO THE TERMS BELOW, DO NOT USE THIS SITE.

  1. USE CONSTITUTES ACCEPTANCE
    By accessing the Site or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use the Site or services and should leave this Site immediately.
  2. SCOPE
    This Agreement governs your use of the Site, PLATINUM INTRODUCTIONS Mobile and all associated apps and services including all content, all communications, updates and new releases, (collectively, the “Services”). It includes by reference the Site’s Privacy Policy and any other terms and conditions, notices or disclaimers displayed elsewhere on PLATINUM INTRODUCTIONS relating to your use of the Site or Services. All of the Site and Services (including all of PLATINUM INTRODUCTIONS Mobile) are within the scope of this Agreement.
  3. OUR RELATIONSHIP WITH YOU
    PLATINUM INTRODUCTIONS is an interactive dating platform. We help members of the PLATINUM INTRODUCTIONS community to communicate and to publish and share content and to decide whether they wish to interact further. We are an independent contractor for all purposes, and are not your agent or trustee. We do not have control of, or liability for, any content that is published or shared between PLATINUM INTRODUCTIONS users. We do not guarantee the identity of any user or validate the accuracy of or the intellectual property rights in content published or shared through PLATINUM INTRODUCTIONS. Our role is STRICTLY LIMITED to that of a facilitator and third-party record-keeper. PLATINUM INTRODUCTIONS does not control the content posted or shared, nor does it guarantee the accuracy, integrity or quality of such content. You understand and agree that your use of PLATINUM INTRODUCTIONS is solely at your own risk.
  4. PROTECTION OF MINORS
    You must be 18 years or older to register for a PLATINUM INTRODUCTIONS account. You must not share your password and account access with any person and you are prohibited from providing access to a minor.

If you become aware of anyone under the age of 18 using PLATINUM INTRODUCTIONS you must inform us immediately.

In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Site or Services; and (iii) the consequences of any use or misuse by the minor.

You must NOT, under any circumstances, upload any photo or depiction of any person under the age of 18.

  1. CHANGES TO THIS SITE AND TO THESE TERMS
    We may discontinue or change any PLATINUM INTRODUCTIONS content, service, function or feature at any time with or without notice and in our sole discretion.

We may also make changes to these Terms at any time and in our sole discretion. and any such changes will be posted on the Site. Your continued use of this Site or the Services after the posting of revisions to the Terms will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.

  1. MARITAL STATUS (NO AFFAIRS)
    We do not allow affairs to take place on PLATINUM INTRODUCTIONS. By requesting to use, registering to use, or using the Site or Services, you represent and warrant that you are not married. We do not endorse, encourage or facilitate any unlawful or immoral behaviour in any jurisdiction in which PLATINUM INTRODUCTIONS is made available.
  2. CRIMINAL HISTORY
    By requesting to use, registering to use, and/or using the Site or Services, you represent and warrant that you have never been convicted of a sexual or similar offence. Membership will not be granted to anyone who has ever been convicted of a sexual or similar offence. Anyone convicted of a sexual offense or required to register as a sex offender with any government entity or agency or currently under indictment for such an offense of a sexual nature is not permitted to use our Site or Services. WE DO NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON MEMBERS. However, we reserve the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with these requirements. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
  3. DISCLAIMER OF USER CONTENT
    PLATINUM INTRODUCTIONS is not responsible for and assumes no liability for any content posted, stored or uploaded by you or any other user, or for any loss or damage that arises from such content, nor is PLATINUM INTRODUCTIONS liable for any errors, misrepresentations, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As the provider of this interactive platform, we are not liable for any data, information, claims, promises, representations or any other content provided by PLATINUM INTRODUCTIONS account holders or other third parties.
  4. ADVERTISING AND AFFILIATE DISCLOSURE
    PLATINUM INTRODUCTIONS may display paid advertising on the Site and we may also enter into affiliate relationships with third party commercial partners. In such circumstances we may get paid if you click on ads or links or be paid a commission if you purchase products or services. We wish to be transparent in our dealings with you and hereby disclose the incorporation of paid advertising and compensated affiliate promotions on this Site.
  5. COOKIES
    Cookies are small data files that your browser places on your computer or device. You can visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally. Note, however, that if you reject the use of cookies some Site functions may not work correctly. See the PLATINUM INTRODUCTIONS Cookie Policy.
  6. PRIVACY AND PERSONAL INFORMATION
    Your privacy is very important to us. Our Privacy Policy describes how we use and protect information you provide to us on our Site. You agree to our Privacy Policy, and to any policy changes published by us and that we may use and maintain your data according to the PLATINUM INTRODUCTIONS Privacy Policy, as part of the Services.

NOTE: OUR PRIVACY POLICY ONLY APPLIES TO PERSONAL INFORMATION COLLECTED BY US IN THE COURSE OF PROVIDING THE SITE AND SERVICES. IT DOES NOT APPLY TO PERSONAL INFORMATION INCLUDED IN YOUR CONTENT OR TO YOUR USE OF PLATINUM INTRODUCTIONS. YOU ARE RESPONSIBLE FOR YOUR COMPLIANCE WITH APPLICABLE PRIVACY LEGISLATION AND ANY PERSONAL INFORMATION YOU PUBLISH THROUGH PLATINUM INTRODUCTIONS INCLUDING, BUT NOT LIMITED TO, PHOTOS, IMAGES, TEXT, PROFILES AND COMMENTS AND CONVERSATIONS.

  1. USER RESPONSIBILITIES

13.1 You Are Responsible for Your Safety: You, as a PLATINUM INTRODUCTIONS member, are solely responsible for all of your interactions and the content you choose to use when communicating with other users. You agree to take reasonable precautions in all of your interactions with other users at all times and especially and particularly if you decide to meet offline or in person. Furthermore, you agree to read PLATINUM INTRODUCTIONS “Meeting and Relationship Safety Tips” prior to using the Site and Services.

13.2 Protecting Your Information: You should never provide your personal or financial information (for example, your credit card, debit or financial account information) to any other users of our Site. That information may be misused. We strongly advise you to act with caution when communicating with any other user that would like to meet with you.

  1. OWNERSHIP AND INTELLECTUAL PROPERTY

14.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us or us to you, as a result of this Agreement. The PLATINUM INTRODUCTIONS domain name, logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of PLATINUM INTRODUCTIONS or its licensors and are protected by Australian and international copyright laws. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without prior written permission from PLATINUM INTRODUCTIONS.
14.2 Trademarks: All rights in the trademarks, service marks, logos, trade names, product names, product packaging and designs of PLATINUM INTRODUCTIONS or third parties whether or not appearing in large print or with the trademark symbol, belong exclusively to us or their respective owners and are protected under Australian and international trademark and copyright laws. You are not permitted to reproduce, download or otherwise use such trademarks, service marks, logos, trade names, product names, product packaging and designs without the prior express written consent of the owner of such mark.
14.3 License to Host Your Content: In these Terms, “your content” means all works and materials (including but not limited to data, text, photographs, images, illustrations, documents, graphics, audio material, video material, audio-visual material and files) that you submit to the Site. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to store your content on and in relation to our Site and Services and any successor websites or services. Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may delete, un-publish or edit any or all of your content.
14.4 No Infringement of Third Party Rights: You warrant and represent that your content will not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right and you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site or Services. You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Site and Services and must only share content when you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site. Further, you acknowledge and agree that in the event of you infringing the intellectual property rights of any third party through your use of the Site or Services, it is you and not PLATINUM INTRODUCTIONS that will be liable.
14.5 Copyright Infringing Content: We will act expeditiously to remove copyright infringing content as soon as we have we have actual knowledge that any of the Site content infringes copyright. If you believe there is copyright infringing material on the Site, please contact us by email at PIPlatinum@gmail.com or via the Site’s “contact us” web form with the following information:
• The name and address of the complaining party.
• A description of the infringing materials and their Internet location, usually the URL.
• Sufficient information to identify the copyrighted works.
• A statement by the copyright owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.
• A statement of the accuracy of the notice and, under penalty of perjury, a statement that the complaining party is the owner or authorized to act on the behalf of the owner.
15. LICENSE TO USE OUR SITE AND SERVICES
You have a limited and restricted right to use our Site and Services in accordance with this Agreement:
• You agree that we have no responsibility or liability for the deletion, corruption or failure to store or display any content and/or data maintained or transmitted on or by the Site.
• You acknowledge that the features and services provided by us may change at any time without prior notice to you.
• You acknowledge that we reserve the right to sign out, terminate or delete your membership at any time and for any reason at our sole discretion.
• Except as expressly permitted by this Agreement, you must not edit or otherwise modify any material on the Site.
• We reserve the right to restrict your access to the Site and/or Services at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.

  1. ACCEPTABLE USE OF OUR SERVICES
    You must not:
    • Use our Site or Services in any way or take any action that causes, or may cause, damage to them or impair their performance, availability or accessibility
    • Use our Site or Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
    • Use our Site or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software
    • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site or Services without our express written consent
    • Access or otherwise interact with our Site or Services using any robot, spider or other automated means
    • Use, transfer or distribute any of our content in any manner that could compete with the Site or any business of Talon
    • Remove or tamper with any copyright or proprietary notices displayed on the Site
    • Copy, disclose, post, distribute, reproduce, publish, display, transmit, perform, create derivative works of, decompile, reverse engineer, disassemble, link to or unlawfully use or reproduce any of the Site content without or express prior written consent
    • Use data collected from our Site or Services for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing.
  2. PROHIBITED CONTENT
    You MUST NOT use Site or Services to bully, abuse, stalk, threaten, defame or in any way infringe or violate the rights of any other party.
    You may not use the Site or Services for any of the following purposes:
    • Expressing or encouraging hate, racism, bigotry or harassment or threating behavior against any group or individual.
    • Communicating with or soliciting information from a minor.
    • Disseminating any content, including but not limited to music or images, to which you do not possess the requisite intellectual property rights or permissions.
    • Depicting violence, in an explicit, graphic or gratuitous manner.
    • Engaging in or promoting any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming.
    • Impersonating or creating a profile for any other person or entity.
    • Advertising or promoting any products, services, organizations or websites without our express permission.
    • Disseminating any unlawful, abusive, bullying, harmful, vulgar, obscene, or otherwise objectionable material.
    • Transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
    • Gaining unauthorised access to other computer systems.
    • Interfering with any other person’s use or enjoyment of the Site.
    • Breaching any laws concerning the use of public telecommunications networks.
    • Interfering or disrupting networks or websites connected to the Site.
    • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
    • Engaging in technically harmful behaviour, which includes but is not limited to: computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.
    • Disseminating content that violates anyone’s privacy, including identifying or confidential information, contact information not provided by the person concerned or private photos.
    We reserve the right to refuse to post material on our Site or to remove material already posted on the Site at any time and for any reason in our sole discretion.
    You must NEVER post a photograph or video of or with someone unless you have their explicit permission. It is strictly prohibited to submit media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms.
    18. EXTERNAL LINKS

18.1 Social Media Sharing: The Site both enables and encourages social media sharing, for example through popular social media channels such as Facebook. PLATINUM INTRODUCTIONS has no control over, and is not responsible for, the privacy practices and policies of any such third party social media channels.
18.2 Links on this Site: This Site may provide, and third parties may provide, links to social media apps, other websites or resources. As we have no control over these, you agree that links to third party resources are provided solely for your convenience and we are not responsible for the availability of such external apps, sites or resources and are not liable for such third party content. If you decide to access any third parties linked to this Site, you do so entirely at your own risk. Links do not imply that PLATINUM INTRODUCTIONS is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of ours.

18.3 Linking to this Site: If you would like to link to this Site, you must comply with the following:
• You do not have permission to use of incorporate any of our Site content and must not in-line, frame, or create any browser or border environments around our content.
• Do not present any misleading or false information about us or our products or services.
• Do not use any of our logos, designs, slogans, trademarks or service marks or any other words or metatag data without first obtaining our express written permission.
• We do allow any linking to websites that contain any distasteful, offensive or controversial content.
• Unauthorized links to of framing of this Site is prohibited unless you have obtained our express written permission.

  1. ONE BONA FIDE PROFILE ONLY
    As a member of PLATINUM INTRODUCTIONS you are permitted to create one profile for yourself. You must not create multiple member profiles.
    20. REGISTRATION AND MEMBERSHIP
    20.1 Application for Membership: Potential members are required to contact us to apply for membership with PLATINUM INTRODUCTIONS.
    We will contact each member by telephone, Skype or Facetime to discuss their PLATINUM INTRODUCTIONS membership application. Once we have confirmed receipt of your payment, you will become a member and we will credit your account with a twelve (12) month membership.

20.2 Accounts are Non-Transferable: Accounts are strictly non-transferable and may not be transferred fromyou to any other person.

20.3 You Must Provide Accurate, Complete and Up to Date Information: You understand and agree that it is a condition of your use of PLATINUM INTRODUCTIONS and of your membership that all of the information you provide to us when you are signing up and providing your profile is correct, current, accurate and complete. If you provide any misleading or false information to us, your right to use PLATINUM INTRODUCTIONS is terminated and your membership is void without right of refund.

  1. FEES AND PAYMENTS
    21.1 Annual Membership: Your membership fee will entitle you to a twelve (12) month membership. Once the 12 month period has expired, you will be responsible for renewing your membership or your membership will automatically cease.

21.2 Payment Method: You may pay your membership fees via PayPal or other third party payment processors such as we may make available from time to time (“Payment Method”). You expressly authorize us to charge the amount of any purchase to the Payment Method you provided during registration or to a different Payment Method if you so designate at the time you make your purchase.

21.3 Errors: We reserve the right to fix any processing errors we discover. We will correct any processing errors by charging or crediting your PayPal account or other Payment Method you provided for the erroneous refund or reimbursement and you expressly authorize us to do so. We maintain records of your services, charges and payments and all such records are taken to be correct unless they are proven to be in error.

21.4 Fees may Change: We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the Site from time to time.

21.5 Currency: All amounts shown are in Australian dollars (AUD) unless otherwise stated.

21.6 Cancelling your Membership: You may terminate your membership for any reason and at any time but only by providing written notice to us. You will not be entitled to any refund of fees upon your membership cancellation. You can provide us with the requisite written notice of termination by: (1) selecting ‘cancel account’ within your account settings and following the instructions, or (2) contacting us by email to PIPlatinum@gmail.com or via the Site’s “contact us” web form.

  1. REFUNDS
    All payments of membership fees are final. If you become a PLATINUM INTRODUCTIONS account holder you have the option to cancel at any time but no refunds will be given for payment you have already made and membership fees are non-refundable.
    23. CREDIT CARD CHARGEBACKS
    We protect our business and credit card processors, banks and other institutions providing related services to us from fraudulent credit card chargebacks. A credit card chargeback is when the holder of a credit card disputes a charge with a credit card processor, bank or other institution and the charge is charged back to the business.

The chargeback is fraudulent if the credit card holder disputes a charge to a legitimate charge for services the holder has purchased. You understand and agree that in the event you attempt to create a fraudulent credit card chargeback, we will work with the relevant credit card processor, bank or other institution and law enforcement authorities to investigate the matter. Our assistance may include providing details about profiles, card authentication and communications with or related to PLATINUM INTRODUCTIONS or other users or members.

Engaging in activities aimed at reversing a legitimate charge is illegal. You agree and acknowledge that you can be prosecuted for such activity and we reserve the right to reclaim any fees and costs we incur in responding to fraudulently filed chargebacks.

  1. PAYPAL AND OTHER PAYMENT PROCESSOR TERMS AND FEES
    Payments by you to PLATINUM INTRODUCTIONS are processed by third payment processors such as PayPal and credit providers and processors. Your use of a third party payment processor such as PayPal or a credit card company is subject to any additional terms and conditions and fees imposed by such third party payment processor.
  2. USE OF YOUR FEEDBACK AND SUGGESTIONS
    You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
  3. SECURITY

26.1 Password: If you register for an account with PLATINUM INTRODUCTIONS you may be required to use a password. You must keep your password confidential and you must notify us immediately if you become aware of any disclosure of your password. You are responsible for any activity on the Site arising out of any failure to keep your password confidential, and may be held liable for any damages or losses arising out of such a failure. We are entitled to assume that anyone who accesses your account or service using your password does so by your authority.

26.2 Your Security Responsibilities: The security of information transmitted through the Internet can never be guaranteed. We disclaim all liability for any interception or interruption of any Internet transmissions or any changes to or losses of data. You are responsible for maintaining the security of any password, account ID or username, or other form of authentication involved in obtaining accessing our Site or Services. In order to protect you and your data, we may suspend your use, without notice, pending an investigation, if any breach of security is suspected. You are solely responsible for determining whether the security provided by us and our suppliers is sufficient for your purposes. If you do not agree the security is sufficient it is your responsibility to either implement your own additional security or not use the Site.

26.3 Communication of Personal Information: You acknowledge and agree that by providing us with personal information through our Site or Services, you consent to the transmission of that personal information over international borders as necessary for processing in accordance our Privacy Policy.

  1. DISCLAIMER – NO WARRANTY
    WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF PLATINUM INTRODUCTIONS WILL MEET YOUR REQUIREMENTS OR LEAD TO ANY PARTICULAR OUTCOME OR RESULT OR THAT ANY PROFILE ON OUR SITE IS ACCURATE, UP TO DATE OR AUTHENTIC.

YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OF THE SITE’S OWNERS, OFFICERS, AUTHORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE,
(V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR
(VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
28. LIMITATIONS OF LIABILITY
IN NO EVENT WILL PLATINUM INTRODUCTIONS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SPONSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR:
I. ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE;
II. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE OR RELATED SERVICES;
III. PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE SITE OR SERVICES;
IV. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SITE OR SERVICES; OR
V. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, PERSONAL INFORMATION OR DATA.

AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY OF PLATINUM INTRODUCTIONS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Your sole and exclusive remedy for any cause or claim whatsoever relating to the Site or the Services, shall be limited to discontinuing use of the Site and Services.

  1. YOUR REPRESENTATIONS AND WARRANTIES
    You represent and warrant to us that:
    • You have never been convicted of a sexual offense and that you have no such charges currently pending against you.
    • You will use PLATINUM INTRODUCTIONS for personal use only and not in connection with any commercial purposes.
    • This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
    • You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
    • You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
    • All information you supply to us in connection with your use of our services is true and complete in all material respects and will be kept up to date if it changes.
  2. INDEMNIFICATION
    You agree to defend, indemnify and hold harmless PLATINUM INTRODUCTIONS, its affiliates, officers, directors and employees from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising from or in connection with (i) your use or misuse of the Site or the Services, (ii) the distribution or transmission of any content or other materials by you or users authorized by you, or (iii) any violation of these Terms by you. PLATINUM INTRODUCTIONS reserves the right to assume the exclusive defence and control of any matter subject to such indemnification and you hereby agree to cooperate with PLATINUM INTRODUCTIONS in asserting any available defences.
  3. TERMINATION AND PROFILE REMOVAL
    31.1 Termination: We reserve the right, in our absolute discretion, to terminate your PLATINUM INTRODUCTIONS account or your access to all or part of the Site or Services without notice. Upon such termination you will be denied access to any information or files you have stored on the Site, and we may remove, delete, or otherwise destroy any and all such related information at our sole discretion. We reserve the right to, without limitation, do any or all of the following in relation to your membership:
    • suspend your membership
    • permanently or temporarily hide all or part of your member profile
    • modify your member profile
    • terminate your membership for any reason by providing notice to you by email. You understand and agree that we are not required, and may be prohibited, from disclosing to you the reason for termination of your access to PLATINUM INTRODUCTIONS. Further, you acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to PLATINUM INTRODUCTIONS.
    • terminate your membership immediately without notice to you if you have committed a breach of these Terms
    • deactivate your membership if you have not used the PLATINUM INTRODUCTIONS Site for a period of twelve (12) months or more (from the date of last use); and/or
    • permanently or temporarily block your access to all or part of Site or Services.

31.2 Complete Profile Removal: You may request “Complete Profile Removal”, which is offered separately to termination of your membership. This feature will remove any existence of your account, including all messages sent and received, all photos you have uploaded, any Site usage history and other personally identifiable information. You hereby acknowledge that if you invoke complete profile removal, your communications may no longer be accessible. You understand and acknowledge that notwithstanding the foregoing, we may retain some or all of the deleted information for record-keeping purposes. In addition to all of the other limitations of liability contained in these Terms, you acknowledge and agree that you cannot make any claims in relation to your account information or activities after deletion.

31.3 No Liability: You acknowledge and agree that we will not be liable to you or to any third party for any modification or discontinuance of any PLATINUM INTRODUCTIONS Site or Service.

31.4 Survivability: Any provision of this Agreement that contemplates performance or observance subsequent to termination or expiration of this Agreement shall survive termination or expiration of your PLATINUM INTRODUCTIONS membership and/or expiration of this Agreement and continue in full force and effect.

  1. JURISDICTION LIMITATIONS
    As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
  2. DOWNTIME AND EVENTS BEYOND OUR CONTROL
    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control (“force majeure”) or due to our compliance with any applicable laws or regulations.

We will make every available effort to keep the Site and Services available but there will be periods of downtime for maintenance and upgrades, and sometimes, for reasons beyond our control that we do not anticipate. There may unscheduled downtime or outages. WE MAKE NO GUARANTEE AS TO UPTIME OR AVAILABILITY OF THE SITE OR SERVICES.ARBITRATION
In the event of any controversy or claim arising out of or relating to this Agreement, the parties shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach a settlement within a period of sixty (60) days, any unresolved controversy or claim arising out of or relating to this Agreement shall proceed to binding arbitration through Australia’s Resolution Institute. The parties shall seek to mutually appoint an arbitrator. If the parties cannot agree on an arbitrator, then PLATINUM INTRODUCTIONS shall appoint an arbitrator. Arbitration will take place in the state of Queensland, Australia. All negotiations and arbitration proceedings pursuant to this section will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions. The language of the arbitration shall be English.

34. NO CLASS ACTIONS
You agree that you will NOT be able to bring a class action to litigate any claims in court before either a judge or jury, nor will you be able to participate as a class member in a class action in arbitration or in court before either a judge or jury. If the preceding sentence is not enforced for any reason, then you agree that in such case any class dispute will NOT be resolved through arbitration.

  1. WE RETAIN THE RIGHT TO SEEK INJUNCTIONS
    You expressly acknowledge and agree that your violation of this Agreement may cause PLATINUM INTRODUCTIONS irreparable harm, and you agree that PLATINUM INTRODUCTIONS is entitled to seek extraordinary relief in court, in Australia and internationally, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that PLATINUM INTRODUCTIONS may have for a breach of this Agreement.
  2. YOUR DISPUTES WITH OTHER USERS
    • You agree that you are solely responsible for all of your interactions with other users of PLATINUM INTRODUCTIONS.
    • We reserve the right, but have no obligation, to monitor disputes between you and other users.
    • We reserve the right to record and retain any information relating to any complaint made against you.
    • You agree to hold us harmless in connection with any dispute or claim that you make against any other PLATINUM INTRODUCTIONS user.
    • You agree to release us, our parents, subsidiaries and affiliated entities and ours and their shareholders, officers, directors, employees and agents, successors and assigns from all claims, demands, damages, losses, liabilities of every kind, known and unknown, direct and contingent, disclosed and undisclosed, arising out of or in any way related to such disputes.
  3. GENERAL PROVISIONS

39.1 Entire Agreement: This Agreement incorporates by reference our Privacy Policy which collectively with this Agreement contain the entire understanding between you and PLATINUM INTRODUCTIONS and supersede all prior representations, agreements, statement and understandings, either verbal or in writing.

39.2 Governing Law: You agree that the laws of the state of Queensland, Australia govern these terms and conditions of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by the courts of Queensland, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE COURTS OF QUEENSLAND OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; and (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

39.3 Titles and Headings: Titles and headings are inserted in this Agreement for reference purposes only, and must not be used to interpret the Agreement.

39.4 Communication and Notices: You consent to receive notices and information from us in respect of our Site and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account. We may provide you with notices, including those regarding changes to this Agreement by email, paper mail, publication on our Site, by SMS, or in any other way recognized by law.

39.5 Waiver: Our failure to exercise or enforce any right or provision of this Agreement is not a waiver of such right or provision.

39.6 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and this Agreement otherwise remains in full force and effect.

39.7 Compliance with Laws: In using the Site and Services, you must comply with all applicable laws and regulations and, without limitation you must not use the Site or Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.

39.8 Law Enforcement: You authorize us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.

39.9 Assignment: You do not have the right to assign these Terms or this Agreement or any of your rights to the Site and Services to anyone. PLATINUM INTRODUCTIONS has the right to assign any or all of its rights and obligations under this Agreement or to the Site or Services to any third party. Provided such rights and obligations are assumed by such third party, PLATINUM INTRODUCTIONS shall be relieved of any and all liability under this Agreement and in such event you agree to release PLATINUM INTRODUCTIONS of all liability, claims, charges, damages and causes of action.

39.10 Independent parties: No partnership, joint venture, employment, or agency relationship exists between you and us as a result of this Agreement or your use of any PLATINUM INTRODUCTIONS websites, services, software or applications.

LAST UPDATE TO THESE TERMS AND CONDITIONS: 7th June, 2018