Terms Of Use

(Last Updated 21 May 2018)

1. Website

1.1 Acceptance of Terms of Use

The use of this website is conditional upon your acceptance of these Terms of Use and our Privacy Statement which is located on the Website which we may amend from time to time to comply with applicable laws and our operations.

You expressly consent to our collection, processing and use of your Personal Data in the manner and for the purposes set out in our Privacy Statement. You are entitled to revoke your consent, or object to our use of your Personal Data at any time, in accordance with the processes set out in our Privacy Statement.

13. Sale of Website or Services

You agree and expressly consent that, if the Company sells the Website, the Services or its business (or any part thereof) or there is a change in control of the Company, the Company may disclose, assign or otherwise transfer Personal Data, Special Category Personal Data and any other information you transmit on the Website or Services (including photographs and your public profile) to the purchaser or new controlling entity or individual, for the purposes of providing the Services and direct marketing to you.

You acknowledge and expressly agree that the new purchaser or new controlling entity or individual may be located in a country other than your country of residence, and you consent to the transfer of Personal Data to countries other than your country of residence.

14. Disclaimers and Limitation of Liability

14.1 Consumer rights under Australian Consumer Law

For individuals in the Australian jurisdiction, you have a range of rights and remedies under Australian Consumer Law (ACL).

14.2 Guarantees for goods and services for personal, domestic or household use or consumption

In the Australian jurisdiction, where we supply goods or services of a kind ordinarily used for personal, domestic or household consumption, the consumer guarantees provided by the ACL are not limited or excluded in any way.

14.3 Guarantees for goods and services that are not for personal, domestic or for household use or consumption

In the Australian jurisdiction, where we supply goods or services of a kind that is not for personal, domestic or for household use or consumption but costing no more than $40,000 the consumer guarantees are limited to:

(a) in the case of goods:

(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the replacements of such goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and

(b) in the case of services:

(i) the supply of the service again; or
(ii) the payment of the cost of having the services supplied again.

14.4 No warranties as to accuracy

Subject to clause 14.2 and 14.3, we do not make any representations or warranties that the material or information provided through the Service or on the Website (including any member profile, advice, opinion, statement or other information displayed, uploaded or distributed by the Company or any member or any other person or entity) is reliable, accurate or complete or that your access to the Service or the Website will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided through the Service or on the Website. You should make your own enquiries before acting or relying on any information or material which appears on the Website. You acknowledge that any reliance upon any such material or information shall be at your own risk.

14.5 No warranties as to availability

Subject to clause 14.2 and 14.3, we do not warrant that the Service or the Website will be uninterrupted or error-free. The Service is distributed on an "as is" basis. There may be delays, omissions, and interruptions in the availability of the Service or the Website. Where permitted by law, you acknowledge that the Service (and the availability of the Website) is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

14.6 Implied warranties excluded

To the extent permitted by law and subject to clause 14.2 and 14.3, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

(a) if the breach relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and

(b) if the breach relates to Services:

(i) the supply of the Services again; or
(ii) the payment of the cost of having the services supplied again.

14.7 No liability for loss

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service, the Website or any Linked Websites, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the Service or the Website. For the avoidance of doubt and without limiting the generality of the foregoing:

(a) The Company does not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with your use of the Service or the Website or with any delay or inability to use the Service or the Website, or for any information, products and other services obtained through the Service or the Website, or otherwise arising out of the use of the Website, whether based under contract, negligence or other tort, strict liability or otherwise, even if the Company has been advised of the possibility of such damage;
(b) The Company does not accept any responsibility or liability for any information or material which you submit to the Service or the Website nor do we accept any responsibility for any use or misuse of any information or material which you submit to the Service or the Website by other members or users;
(c) The Company does not accept any responsibility or liability for the conduct of any member or other user of the Service, including without limitation any conduct which causes physical injury to any person.

15. Specific warnings regarding online dating

15.1 Risks

You acknowledge that there are risks involved in online dating, including without limitation, unknowingly dealing with underage persons or persons acting under a false pretense or for a criminal purpose. You agree to take all necessary precautions when communicating with or meeting with other users, especially if you decide to meet in person. In addition, you agree to review our online dating safety tips prior to using the service.

15.2 No warranty as to identity of members

You acknowledge that user authentication on the internet is extremely difficult. The Company cannot and does not warrant that each member or user of the Service is who he or she claims to be. Further, the Company cannot and does not warrant that member profiles are reliable, accurate or complete. Accordingly, you must be careful in dealing with other members or users of the Service or the Website.

16. Termination

16.1 Agreement effective for members

This Agreement will remain in full force and effect while you are a member of the Service or while you otherwise use the Website.

16.2 Termination of membership by you

You may terminate your membership at any time, for any reason, effective immediately upon our receipt of your written notice of termination. Notice of termination may be delivered to the address contained in the Contact Us section of the Website, may be emailed to the email address listed in the Contact Us section of the Website, or may be effected by clicking on the Switch Off Membership link in the members' section of the Website. You will not be entitled to a refund of your membership fees as a consequence of the termination of your membership.

16.3 Special termination right for some US residents

If you are a resident of Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio or Wisconsin at the time of entering into your subscription, then the following provision applies to you:

(a) You may cancel this Agreement, without penalty or obligation, at any time within three (3) business days of subscribing to paid services (the Cancellation Period). To cancel this Agreement, you must send us a signed and dated notice by registered or certified mail which states that you are cancelling this Agreement, or words to that effect. This notice shall be sent to: RussianCupid.com, Attn: Refund Request, PO Box 9304, Gold Coast MC, QLD 9726, Australia. If you send or deliver the notice to cancel your subscription agreement within the Cancellation Period, the Company will return, within the prescribed time period, any payments that you have made that are subject to this provision.

If you are a resident of California, Illinois, New York, or Ohio at the time of entering into your subscription, then the following provision applies to you:

(b) In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become severely disabled (and are unable to use the website) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice to the following address: RussianCupid.com, Attn: Refund Request, PO Box 9304, Gold Coast MC, QLD 9726, Australia.

16.4 Termination of your access to Service

We may, in our absolute discretion, block, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Service by others.

16.5 Termination of membership by us

We may immediately terminate your membership and your access to the Service at any time if we determine (in our absolute discretion) that you have breached this Agreement. Notice of termination will be delivered to the last email address you provide to us. Any pre-paid fees relevant to the period following termination will be refunded to you after deducting any costs incurred or loss suffered by the Company in connection with your membership.

16.6 Deactivation for non-use

We may deactivate your account if you have not used the Service for a consecutive 6 month period unless you have an active paid subscription.

16.7 Termination under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

This section applies to you only if you are a "consumer" as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("the Regulations") and resident within the EU and have not commenced to use the service. In the event the Regulations apply to these Terms of Use, you may terminate your membership within fourteen (14) days of registering as a member of the Service by providing notice in writing. You may use the Service immediately upon registering as a member.

(a) If you have commenced using our service within the fourteen (14) day cancellation period you are provided pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you will be taken to have requested we provide the service. In the event that you have requested we provide the service, you will be required to pay for the value of the service up until the time you cancel the service. You will be taken to have commenced to use the service by doing any of the following:

(i) Sending messages to members;
(ii) Reading received messages from members;
(iii) Sending Show interest alerts to members.

(b) If you have not commenced using our service within the fourteen (14) day cancellation period you are provided pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you will be provided with a refund of any fees you have paid within 14 days of our receipt of your notice of termination.

17. Indemnity

To the extent permitted by law, you agree to indemnify, defend and hold the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax (including GST), liability and/or expense (including legal costs on a full indemnity basis) that may be incurred by the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives arising out of or in connection with:

(a) any breach by you of these terms;
(b) any unauthorized use of the site that can be connected or associated to you;
(c) any breach by you of any law; and
(d) any act or omission that you may do in connection with the site.

You agree to cooperate fully in the defense of any Claim. We reserve the right (but are under no obligation) to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, provided that you shall remain liable for any such Claim.

18. General

18.1 Failure to Comply

The Company accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond our reasonable control.

18.2 No Waiver

If we waive any rights available to us under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

18.3 Severability

If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use shall continue in full force.

18.4 Language of Agreement

The language of this Agreement is English. Where the Company has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only. If there is any inconsistency between the English language version of this Agreement and a translation, the English language version will prevail.

18.5 Variation

We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by these Terms of Use as amended.

18.6 Assignment

You must not assign any of your rights under this Agreement or in respect of the Service or Website to any third party. The Company has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. At the election of the Company, in the event that the Company's obligations under this Agreement are assumed by a third party, the Company shall be relieved of any and all liability under this Agreement.

18.7 Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Service or the Website.

18.8 Governing Law

(a) Users who are a resident of a nation in the European Union agree that this Agreement is governed by the laws in force in the United Kingdom and agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
(b) Users who are a resident of a nation that is not in the European Union agree that this Agreement is governed by the laws in force in Queensland, Australia and agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

19. Definitions

In these Terms of Use, the following expressions have the corresponding meanings:

"Claim" means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent;

"Commercialize" means to exploit, market, promote, develop, integrate, research, sell and conduct any other activity for profit or reward;

"Company" means Cupid Media Pty Ltd (ACN 104 844 564), a company registered in New South Wales, Australia, and shall include any related body corporate or associate (as those terms are defined in the Corporations Act 2001 (Cth)) of Cupid Media Pty Ltd;

"EU" means the political and economic union of member states located in Europe known as the European Union;

"EU Country" means any country who is a current member and party to the treaties of the EU and means Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom currently;

"Personal Data" means any information relating to an identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

"Paid Services" means the facilities and Services made available for fee-paying members of the Website holding a valid subscription;

"Privacy Statement" means the Company's privacy policy which is available on the Website;

"Service" means the facilities made available for members via the Website;

"Special Category Personal Data" means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, your criminal record, genetic and biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning your sex life or sexual orientation;

"Website" means this website which is owned and operated by the Company;

"Terms of Use" means these Terms of Use as amended by the Company from time to time, which form the agreement between you and the Company;

"We", "Us" and "Our" all refer to the Company.

Cupid Media, the Cupid Media Logo and RussianCupid.com are registered trademarks of Ecom Holdings Pty Ltd and used with permission by Cupid Media Pty Ltd.