Terms of Service

Marriage Alliance Limited. ("Marriage Alliance", "we," “our” or "us") operates the Marriage Alliance mobile application.  

By registering to use and using the Marriage Alliance mobile application in any way, you accept these Terms of Service ("Agreement") and our Privacy Policy.

Contents

  1. Who May Use the Mobile Application
  2. License to Use the Mobile Application
  3. Registration
  4. Privacy
  5. Licenses Granted by You
  6. Code of Conduct; Prohibited Activities
  7. Term and Termination; Account Deletion
  8. Disclaimers; Limitation of Liability
  9. Content Restrictions
  10. Your Representations and Warranties
  11. Indemnification
  12. Third Party Copyrights and Other Rights
  13. General Provisions

1. WHO MAY USE THE MOBILE APPLICATION

You must be at least 15 years old to use the mobile application. By using the mobile application, you represent and warrant that you have the right, authority and capacity to enter into this Agreement, and to abide by all of the terms and conditions of this Agreement.

2. LICENSE TO USE THE MOBILE APPLICATION

We grant to you a limited, non-exclusive licence to access and use the mobile application for your own personal, non-commercial purposes. This licence is personal to you and may not be assigned or sublicensed to anyone else.

Except as expressly permitted by us in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the mobile application. Nor will you take any measures to interfere with or damage the mobile application.  All rights not expressly granted by us are reserved.

3. REGISTRATION

To use the mobile application, you must register a user account. 

If you register a user account using your Facebook login, you will be asked to sign-in using your Facebook login. If you do so, you authorise us to access certain Facebook account information, including information about your Facebook friends who might be common Facebook friends with our other registered users. By allowing us to access your Facebook account in this way, you hereby give your express consent for us to obtain and share your name and a profile picture, as well as the name and profile picture of your Facebook friends who are common Facebook friends with our other registered users in your network or geolocation.

Please take precautions to protect your password and contact us using the contact details at the end of these Terms of Service if you believe your account has been accessed by an unauthorised person.

4. PRIVACY

Your privacy rights are set out in our Privacy Policy which forms a part of this Agreement. Please review the Privacy Policy to learn about:

  • What information we may collect about you;
  • For what purpose we may use that information;
  • What third-party information, if any, you are agreeing to share by using the mobile application; and
  • With whom we share that information.

5. LICENCES GRANTED BY YOU

You grant to us and our affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free licence and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from any content you share or post using the mobile application. In addition, you unconditionally consent to us and to our affiliates doing or omitting to do anything where such act or omission would otherwise infringe any of your moral rights in your content. You further grant all other users of the mobile application permission to view your content for their personal, non-commercial purposes. If you make suggestions to us on improving or adding new features to the mobile application, we shall have the right to use your suggestions without any acknowledgment or compensation to you.

6. CODE OF CONDUCT; PROHIBITED ACTIVITIES

In using mobile application, you must behave in a civil and respectful manner at all times. Furthermore, you agree that you will not:

  • harass or stalk any other person;
  • harm or exploit minors;
  • act in a deceptive manner by, among other things, impersonating any person;
  • collect information about others without their informed prior consent;
  • solicit the login information or access another user’s account;
  • express or imply that any statements you make are endorsed by Marriage Alliance without our specific prior written consent;
  • remove, cover or obscure any advertisement included on the mobile application;
  • distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the security features, navigational structure or presentation of the mobile application or its contents;
  • interfere with or disrupt the mobile application or the servers or networks connected to the mobile application; or
  • post, email or otherwise transmit any material 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.

We have the right, but not the obligation, to monitor all conduct on and content submitted to the mobile application.

7. TERM AND TERMINATION; ACCOUNT DELETION

This Agreement begins on the date you first register to use our mobile application and continues until the earlier of either the mobile application is disabled and no longer functioning, or your user account is terminated in accordance with these Terms of Service.

Marriage Alliance or you may delete your user account and terminate this Agreement at any time.

In addition, we may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content is likely to damage  our reputation or goodwill. If we delete your user account for the foregoing reasons, you may not re-register under a different name.

Upon termination, all licenses granted by us to you will terminate but sections 5 to13 inclusive of these Terms of Service will survive. In the event of account deletion for any reason, content that you submitted may no longer be available and we shall not be responsible for the loss of such content.

8. DISCLAIMERS; LIMITATION OF LIABILITY

You are solely responsible for your interactions with other users. We do not inquire into the backgrounds of any of our users or attempt to verify the statements of our users. You understand that we do not conduct criminal background checks on our users but we reserve the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records. We make no representations or warranties as to the conduct of any users or their compatibility with any current or future user.

To the maximum extent permissible by law, we exclude all liability for any damages whatsoever [in contract, tort (including negligence), breach of statutory duty or otherwise even if foreseeable], whether direct, indirect, general, special, exemplary, 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 mobile application, including without limitation, bodily injury, death, emotional distress, and/or any other damages resulting from communications or meetings with other users of the mobile application or persons you meet through using the mobile application. You agree to take reasonable precautions in all interactions with other users of the mobile application, particularly if you decide to meet offline or in person.

We reserve the right to modify mobile application. You are responsible for providing your own access to mobile application. We have no obligation to screen or monitor any content, and do not guarantee that any content available on the mobile application complies with this Agreement or is suitable for all users.

We provide the mobile application on an "as is" and "as available" basis. You therefore use mobile application at your own risk. To the maximum extent permissible by law, we expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Marriage Alliance makes no representations or warranties:

  • that the mobile application will be permitted in your jurisdiction;
  • that the mobile application will be available, uninterrupted or error-free;
  • concerning any content submitted by any user;
  • concerning any third party's use of content that you submit;
  • that any content you submit will be made available on the mobile application or will be stored by us;
  • that we will continue to support any particular feature of mobile application; or
  • concerning sites and resources outside of the mobile application, even if linked to or from the mobile application.

To the extent any disclaimer or limitation of liability does not apply, our liability will be limited in the aggregate for all claims made by you in relation to the mobile application of any amount you have paid us in the past 12 months or $100, whichever is the greater.

9. CONTENT RESTRICTIONS

You are solely responsible for the content that you publish or display ("post") on the mobile application, or transmit to other users. You will not post on the mobile application, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or ill material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy ). You will not provide inaccurate, misleading or false information to us or to any other user.  If information provided to us or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.  

You must not upload, post, or transmit (collectively, "submit") any content to or using the mobile application that:

  • is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
  • contains sexually explicit content;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  • promotes an illegal or unauthorised copy of another person's copyright work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • promotes or engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
  • infringes any third party's copyright or other intellectual property rights (e.g., trade marks), or privacy rights; or
  • breaches any applicable law or regulation.

10. YOUR REPRESENTATIONS AND WARRANTIES

For any content that you submit using the mobile application, you represent and warrant that: (i) you have the right to use and submit the content to us using the mobile application and grant the licences set out above; (ii) we do not need to obtain licences from any third party or pay royalties to any third party; (iii) the content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

11. INDEMNIFICATION

You will indemnify, defend, and hold harmless Marriage Alliance and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities in relation to mobile application; (ii) assert a violation by you of any term of this Agreement; and (iii) assert that any content you submitted to mobile application violates any law or infringes any third party right, including any intellectual property or privacy right.

We respect the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload using mobile application do not infringe any third party copyright.

We will promptly remove materials if we believe that the materials may infringe a third party's copyright or other intellectual property rights. In addition, we may, in appropriate circumstances, terminate the user accounts of repeat infringers.

13. GENERAL PROVISIONS

GOVERNING LAW: This Agreement shall be governed by the laws of New South Wales, Australia.

DISPUTES: Any action arising out of or relating to this Agreement or your use of mobile application must be commenced in the state or federal courts located in Sydney, Australia (and you consent to the jurisdiction of those courts).

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by us in exercising any right hereunder will waive any further exercise of that right. Marriage Alliance's rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall insure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without our prior written consent. We may assign this Agreement to our affiliates or successors without your consent. No third party shall have any rights hereunder.

MODIFICATION; ENTIRE AGREEMENT: This Agreement may not be modified except by a revised Terms of Service posted by us on the mobile application or a written amendment signed by an authorized representative of Marriage Alliance. Any revised Terms of Service will be effective as of the date it is posted.  This Agreement including our Privacy Policy constitutes the entire understanding between Marriage Alliance and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from us electronically using the details you submitted in your user account. We may provide all such communications by email or by posting them on the mobile application. 

Support-related inquiries, complaints or notices of a nature may be sent by you to us using the following contact details:

Marriage Alliance Limited (ABN 81 606 852 199)
PO Box 1886
Royal Exchange  NSW  1225
Australia
Email:  info@marriagealliance.com.au
Telephone:  1300 001 362