firstkiss.com.au Terms & Conditions of Use

A.    Terms of Use

1. Your access to firstkiss.com.au is conditional upon your acceptance and compliance with the terms, conditions, notices, disclaimers, code of conduct and privacy policy contained in these terms and conditions ("Terms & Conditions").

2. A reference in these Terms &Conditions to, "us", "we" or "our" means FIRSTKISS.COM.AU PTY LTD (ABN 98 125 796 947) ("FIRSTKISS").

3. Your use of, and/or access to our website constitutes your agreement to the Terms & Conditions.

4. FIRSTKISS reserves the right to amend the Terms & Conditions at any time. If you have any questions, please contact us at support@firstkiss.com.au.

1. FIRSTKISS requires that all members must be 18 years or older.

2. You must provide FIRSTKISS with accurate and up-to-date information at the time of initial registration and it is your responsibility to inform FIRSTKISS of any changes to that information by accessing and updating your membership.

3. All information provided by you will be treated in accordance with our Privacy Policy.

4. You are responsible for maintaining the confidentiality and security of your FIRSTKISS member name and password. You are solely responsible for all activities that occur under your FIRSTKISS member name and password. You agree to immediately notify FIRSTKISS of any unauthorised use of your FIRSTKISS member name or password. You should log out of your FIRSTKISS account at the end of each session. 
   

C.    Termination or Suspension of your membership.

1. You may terminate your membership with FIRSTKISS by providing written notice to FIRSTKISS via email to support@firstkiss.com.au.

2. FIRSTKISS reserves the right to do one or more or all of the following in relation to your membership:-

1. modify your member profile;

2. permanently or temporarily hide all or part of your member profile;

3. permanently or temporarily block your access to all or part of the FIRSTKISS website.

4. suspend your membership;

5. cease your membership if you have not used your FIRSTKISS membership for a period of 6 months or more (from the date of last use); and/or

6. terminate your membership for any reason by providing notice to you by email;

7. terminate your membership immediately without notice to you if you have committed a breach of the FIRSTKISS Terms & Conditions;

D.    Service

1. FIRSTKISS will make all reasonable endeavours to ensure that its services are available 24 hours a day; however FIRSTKISS do not make any representations or warranties that your access will be uninterrupted or error free.

2. Access to the FIRSTKISS website may be temporarily suspended without notice where FIRSTKISS experiences a system failure, or needs to undertake maintenance or repair or for any other reason beyond its control.   

3. FIRSTKISS reserves the right to change or discontinue any of its services in whole or in part at any time.

E.    Code of Conduct in respect of Content

1. You warrant that any images, sounds, or text ("Content") that you transmit or post on the FIRSTKISS website, or otherwise transmit to any other member of FIRSTKISS by any other means are complete and accurate and that you will not publish Content that is sexually explicit or contains sexual references/innuendo, is unlawful, obscene, defamatory, indecent, offensive, inappropriate, infringes the rights of any third party, is false or misleading in any way, you do not have a right to make available under any law or contractual obligation, contains restricted or password only access pages, or hidden content, contains viruses or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.

2. FIRSTKISS is not responsible for, and accepts no liability with respect to any Content transmitted or posted on our website, or otherwise transmitted to any member of FIRSTKISS by any other means, by any person. You are solely responsible for Content that you transmit or post on our website, or otherwise transmit to any member of FIRSTKISS by any other means.

3. FIRSTKISS reserves the right to review Content transmitted or posted on our website, or (where possible) otherwise transmitted to any member of FIRSTKISS by any other means.

4. FIRSTKISS reserves the right to modify and/or remove at its absolute discretion any Content that, in its opinion, violates the FIRSTKISS Terms & Conditions or otherwise has the potential to harm, endanger or violate the rights of any person.

5. FIRSTKISS does not make any representation or warranty as to the accuracy, reliability or completeness of any Content posted or transmitted on our website, or otherwise transmitted to any other member of FIRSTKISS by any other means, by any person.

6. Other then statements of its own, FIRSTKISS accepts no liability of whatsoever kind arising from or relating to any reliance upon Content appearing on or transmitted by our website, or transmitted by any other means to any other member.

7. It is an express condition of your membership that you must not and will not make use of your membership or our website to:-

1. Solicit money, passwords or personal information;

2. Exploit any person;

3. Engage in racism, bigotry or harassment against any group or individual;

4. Impersonate or create a profile for any person, group or entity;

5. Engage in or promote any surveys, contests, pyramid schemes, chain letters or unsolicited emails or spamming; or

6. Defame, abuse, stalk, harass, threaten or offend others.

8. You agree not to use any device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of our website.

9. You agree not to "frame" or "mirror" any part of our website without our prior written authorization.

10. You agree not to use codes or other devices containing any reference to our website to direct other persons to any other web page and except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any part of our website or cause any other person to do so.

11. Membership is restricted to individuals and is for the personal use of members only. Use of our website for commercial endeavours or unauthorised framing/linking to our website is expressly prohibited.

12. No obligation exists for FIRSTKISS to monitor the use of its website but reserves the right to do so and to retain and disclose to the appropriate authorities information which it considers is contrary to law or upon being requested to do so by such authorities.

13. FIRSTKISS advises the exercise of care in interacting with members and in relation to the Content posted. Telephone numbers, addresses and surnames should not be posted. Any Content posted or transmitted by you is regarded as non-confidential.

F.    Intellectual Property

1. All proprietary rights in FIRSTKISS and its website belong to it exclusively and must not be used without prior written approval.

2. Any Content posted or transmitted by a member must not infringe the intellectual property rights of FIRSTKISS or any third party and you warrant this to be so.

3. You grant FIRSTKISS the right to use, reproduce, publish, store, modify or transmit, in any form by any means, in whole or part, your Content for any purpose provided that FIRSTKISS complied with its Privacy Policy. You warrant to us that you have the right to so authorise us.

4. Members must only use, reproduce, store, modify or transmit in any form or by any means their own Content unless authorised to the contrary in writing.

5. You are requested to notify FIRSTKISS of any Content posted or transmitted contrary to your rights.

G.    Third Party Advertising

1. Promotions, advertisements, function, events, products, services, competitions and other offline activities may appear ion our website. FIRSTKISS does not recommend or endorse such activities, products or services.

2. Third Party Advertising may be subject to separate terms and conditions.

3. You acknowledge that you participate in any Third Party Advertising entirely at your own risk.

4. FIRSTKISS accepts no liability for any loss whatsoever in any activity arising from or relating to the matters referred to in condition G1 above.

5. Any hyperlinks and pointers to websites operated by third parties do not form part of FIRSTKISS ad FIRSTKISS accepts no responsibility for any such hyperlink or linked website and you enter any third party websites at your own risk.

H.    Limitation of Liability and Indemnity

1. You acknowledge that you use our website at your own risk.

2. Except where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), upon no account will FIRSTKISS be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages including lost profits or personal injury arising from your use of our the website or of the FIRSTKISS service, even if FIRSTKISS has been advised of the possibility of such damages.  Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and howsoever arising regardless of the form of the action, will be at all times limited to the amount paid, if any, by you to FIRSTKISS during the term of your membership.

3. You agree to indemnify and hold FIRSTKISS, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by you or any third party due to or arising out of your use of our website in violation of these Terms and Conditions and/or arising from a breach of these Terms & Conditions.

I.    Complaints