Terms of use
Terms of use
1. DEFINITIONS
As used in this Agreement, the following terms have the respective meanings set forth below:
1.1 “Agreement” means these terms of use as updated from time to time by Us and made available to You.
1.2 “Company” or “We” or “Our” or “Us” means Tech 3 Solutions Pty Ltd (ACN 604 972 867).
1.3 “Partner” means a member of the Arabica Friends Network who is registered in the Arabica Friends Network and who is taking part in the Arabica Friends Network through the Partner Pages.
1.4 “Partner Page” stands for the Partner’s web pages or websites being part of the Arabica Friends Network, working on its own or in conjunction with Tech 3 Solutions Pty Ltd and utilizing the database with information about users.
1.5 “Service(s)” refers to your use of the Website for any purpose whatsoever including but not limited to: creating a profile, looking through other people’s profiles, and communicating. We may offer additional services or revise any of the Services in our sole discretion, and this Agreement will apply to all additional services or revised services. We also reserve the right to cease offering any of the services at any time.
1.6 “Site” or “Website” means www.ArabicaFriends.com or www.ArabicaFriends.com.au.
1.7 “App” means ArabicaFriends App downloaded from IOS App Store or Google Play Store
1.8 “User Content” includes material that You publish on the Site or send to other members but does not include certain personal information (such as telephone number, email address, password).
1.9 “You” refers to the user of the Website and its related services according to the present Agreement.
2. ACCEPTANCE OF TERMS
2.1 This Agreement was last updated on February 02, 2021.
2.2 Our websites located at www.ArabicaFriends.com and www.ArabicaFriends.com.au are managed and maintained by Us. Our Apps can be downloaded from IOS App Store and Google Play Store. By accessing and using Our Site, Apps and Services, You agree to be bound by this Agreement. We encourage you to periodically review this Agreement. If you do not agree to this Agreement, You must not access or use the Site or Services.
2.3 We reserve the right to modify this Agreement at any time (including changes to Fees). The modified Agreement will become effective and will apply to You immediately upon Our posting it on the Website. Your continued access and use of our Service or Site after a modification has been posted shall be deemed to constitute acceptance by You of any such modification.
3. OUR RIGHTS AND OBLIGATIONS
3.1 Monitoring and Removal of information. We may use third-party advertising companies to serve ads when You visit Our Website. These companies may use information about Your interests in order to provide advertisements about certain goods and services. We reserve the right to monitor and remove all advertisements, public postings and messages published on the Site in Our sole discretion.
3.2 No responsibility for Interruption or Suspension. You acknowledge that We are not responsible for interruption or suspension of the Site or Service, regardless of the cause of the interruption or suspension.
4. YOUR RIGHTS AND OBLIGATIONS
4.1 Eligibility. You must be 18 years of age or older to visit or use this Website or the Services in any manner. By visiting the Website or accepting this Agreement, You represent and warrant to Us that You: (i) are 18 years of age or older, and that You have the right, authority and capacity to agree to and abide by the Agreement; (ii) will use the Website in a manner consistent with any and all applicable laws and regulations; and (iii) have not been convicted of any felony and are not required to register as a sex offender with any government authority.
4.2 Exclusive Use. Your account is for Your personal use only. You may not authorize others to use Your account, and You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that We are not responsible for third party access to Your account that results from theft or misappropriation of your username and password.
4.3 Code of Conduct. You agree to use the Service in accordance with the following Code of Conduct:
a) You shall keep all information provided to you through the Service as private and confidential and shall not give such information to anyone without the permission of the person who provided it to you.
b) You shall not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.
c) You shall not forward chain letters through the Service.
d) You shall not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
e) You shall not post messages, pictures or recordings or use the Service in any way that:
i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or
ii. is fraudulent or otherwise unlawful or violates any law.
f) You shall not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
g) You shall not use the Service to distribute or upload any virus, or malicious software of any type, or do anything else that might cause harm to the Service, the Website, Us, Our systems, or any other members’ systems in any way.
4.4 Security. You agree to immediately notify Us of any unauthorized use of Your username or password or any unauthorized access to Your account. For Your own security, it is advisable to log out when You finish each use of the Services, especially if You are using a public computer or share a computer with others. When logging into the Services using a public computer please use caution to prevent other people from learning Your username and password.
4.5 Publication of Content. By registering with the Website You grant Us the right to use Your User Content as necessary in connection with the provision of the Services including:
a) making your profile visible to the users on the Partner Pages (which may increase the reach of Your profile and the chances of finding a successful match);
b) publishing Your profile, except for certain personal contact information (such as telephone number and email address), on Partner Pages as part of their promotion of the Site; and
c) making Your profile visible to other users within dating service specific emails (e.g. new local users notification, and so on).
4.6 Account deletion. If You request to be removed from the Website, You may delete your account and all information contained in the account including Your ID and URL to the profile page. In that case, Your photographs, first name, last name, nickname, age and birthdate, and any other information including personal contact information will be deleted from the Website and the Arabica Friends Network and effectively blocked on the Partner Pages.
5. PAID MEMBERSHIPS AND PAID FEATURES
5.1 Memberships shall be subject to a Fee specified at the time of purchase. Membership rights shall also be specified at the time of purchase.
5.2 Both the Fee and membership rights are subject to change upon without notice from Us.
6. EXTERNAL LINKS
6.1 The Service may contain links to other internet sites and resources (“External Links”). You acknowledge that We are not responsible for and have no liability as a result of the availability of External Links or their content.
6.2 You understand that by using any of the External Links, You may encounter content that may be deemed offensive, indecent, or objectionable, content which may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material.
6.3 You agree to use the External Links at Your sole risk and that We shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. It shall be Your sole and exclusive obligation to prevent children and other persons from viewing or accessing any inappropriate content that may be included in or available through any External Links.
6.4 By using External Links, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials at External Links. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any External Links or for any other materials, products, or services of third parties.
6.5 The Company shall not be responsible for the contents of, updates to, or privacy practices of third parties operating External Links, which may differ from those of the Company. The personal data you may choose to give to such third parties are not covered by Company’s privacy policies. Some third party companies may choose to share their personal data with the Company, in which case such data sharing shall be governed by that third party’s privacy policy.
6.6 You understand and agree that your use of External Links may result in harmful or unwanted content or malicious software infecting or interacting with your computer or mobile device. You accept all risk in connection with such External Links, and you agree that the Company shall have no responsibility to you in the event your computer or mobile device is affected in any way by your use of External Links.
6.7 Disclosure by law. You acknowledge and agree that We may disclose information You provide if required to do so by law, at the request of a third party, or if We, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (ii) protect or defend Our, or a third party’s, rights or property; or (iii) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
7. CLAIMS OF COPYRIGHT INFRINGEMENT
7.1 If You believe that any material or content distributed by Us constitutes copyright infringement, please provide Us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on our Website; Your address, telephone number and email address; a written statement by You that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information about You is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
8. LIABILITY
8.1 YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON THE USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF THE USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF THE USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRY SEARCHES) AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
8.2 IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT THE COMPANY MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER USERS.
9. TERMINATION
9.1 Either You or We may terminate Your account at any time, for any reason or no reason, without written notice to the other party. If We terminate Your account, You may request in writing a refund of any Fees paid in advance and We may in our sole discretion elect to provide a refund.
9.2 We reserve the right to immediately suspend or terminate Your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove Your account information or data from Our Services and any other records at any time at Our sole discretion. You may terminate Your account by sending a cancellation request to Us.
10. CONTACT INFORMATION
10.1 The Site and the Service are operated by Us. Communications relating to the Site or Service should be sent to admin@ArabicaFriends.com
11. ENTIRE AGREEMENT
11.1 This Agreement constitutes the entire agreement between You and Us, superseding any prior agreements between You and Us. To the extent that You have previously registered with Us and provided Your Information, this Agreement now governs how We may use Your Information, whether provided in the past or the future.
12. NO AGENCY
12.1 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and Us is intended or created by this Agreement.
13. GOVERNING LAW
13.1 Except as expressly provided in this clause; (a) this Agreement and the relationship between You and Us shall be governed by the laws of the State of Victoria, Australia, without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Victoria between Victorian residents, and (b) You and Us agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria.
PRIVACY POLICY
Thank you for visiting our website. This privacy policy tells you how we use personal information collected at this website. Please read this privacy policy before using the website or submitting any personal information. By using this website, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to keep track of the policy changes and make sure that you understand how any personal information you provide will be used.
Note: the privacy practices set forth in this privacy policy are for this website only. If you link to other websites, please review the privacy policies posted at those websites.
Collection of Information
We collect personally identifiable information, like names, email addresses, etc., when voluntarily submitted by our visitors. This information is only used to fulfil your specific request, and to sign you up for our service mailing list, unless you give us permission to use it in other manners.
Cookie/Tracking Technology
This website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the website, and understanding how visitors use the website. Cookies can also help customize the website for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Distribution of Information
The Company site / network will disclose personal information and/or an IP address:
1. To contact you regarding other products and services which may be of interest to you (including those we may offer jointly with other companies). At any time, however, you may opt out of such contact;
2. When required by law or in the good-faith belief that such action is necessary to:
· Cooperate with the investigations of purported unlawful activities and conform to the edicts of the law or comply with legal process served on The Company site / network;
· Protect and defend the rights or property of The Company site / network of sites and related properties, or visitors to The Company site / network of sites and related properties;
· Identify persons who may be viliating the law, The Company site / network legal notice and Web site User Agreement, the rights of third parties, or otherwise misusing The Company site / network or its related properties;
· Fulfill a user's order or request;
3. To process and fulfill your order or notify you of order status;
4. When we have your consent to share the information;
5. When you use co-branded services within our network of sites, you grant us permission to pass your registration information back to that service partner. Their use of your information is subject to their applicable privacy policies.
We maintain a strict "No-Spam" policy that means that we do not sell, rent, or otherwise give your e-mail address to a third-party, without your consent or as permitted by this Privacy Policy.
Privacy Contact Information
If you have any questions, concerns, or comments about our privacy policy you may contact us using means provided on this website. We reserve the right to make changes to this policy. Any changes to this policy will be posted.