DateMyMate -- Terms and Conditions of Use
1 Introduction
1.1 Welcome
datemymate™ is a New Zealand owned online networking community. The purpose of these terms and conditions is to ensure datemymate is a safe place to meet and communicate with others. Please use the Website with caution and be sure to become familiar with our safety guidelines.
1.2 Acceptance of the terms and conditions
Before you can access the datemymate™ website services you must agree to the following terms and conditions. If you do not accept these terms and conditions you must not use the datemymate™ website services.
1.3 Privacy Policy
These terms and conditions should be read in conjunction with the datemymate™ Privacy Policy.
1.4 Alterations to terms and conditions and Privacy Policy
datemymate™ may make changes to these terms and conditions and/or the Privacy Policy at any time. Any changes will become effective immediately on being posted on the datemymate™ website. It is your responsibility to remain aware of the current terms and conditions and Privacy Policy and your use of the datemymate™ website will be subject to those terms and conditions as amended.
2 Definitions
In these terms and conditions the following definitions will apply unless the context otherwise requires:
"Content" means information posted on the Website by email, message, photo or other material submitted by a User to datemymate™.
"Dater" means a registered member of datemymate™ who has paid the registration fee or who has had the registration fee paid for them by a Meddler.
"Fee" means the membership fee set out in the schedule of fees.
"Meddler" means friend or any other person who registers on the Website in order to introduce any other person to the Website.
"Profile" means the information listed on the Website about a Member whether such information has been submitted to datemymate™ by a Dater or by a Meddler.
"Subscriber" means a user of datemymate™ who has paid the registration fee or who has had the registration fee paid for them by a Meddler.
"Services" means any one or more of the resources made available by datemymate™ including message boards, emails and profiles that is not made available to public view and for which registration is required.
"User" means any person who registers their details with the Website and includes any Dater or Meddler.
"Website" means any datemymate™ website through which the Services are offered.
3 Please Be Aware
3.1 datemymate™ is not responsible for the conduct of a User of the Website either online or offline. While datemymate™ places the utmost importance on the safe use of the Website, if you choose to use the Website you understand that you use the Services at your sole risk.
3.2 Limits of Liability
a. datemymate™ does not promise any particular or specific outcomes from the use of the Website and its Services. Except where datemymate™ makes an express promise elsewhere in these Terms, to the maximum extent permitted by law, datemymate™ excludes all representations, warranties, obligations and liabilities in connection with information provided on the Website and the operation of the Website, and in particular datemymate™ does not make any warranty or representation that the Website does not contravene the intellectual property rights of any other person.
b. Responsibility for Content rests solely with the User who created a Profile or added Content to a Profile, as the case may be.
c. The placement of the information, opinions, recommendations and representations on a Profile does not constitute an endorsement by datemymate™ To the maximum extent permitted by law datemymate™ expressly disclaims all liability with respect to any representations made in a Profile including the accuracy or completeness of the information provided by the User.
d. datemymate™ does not warrant that the information provided on the Website is without error .
e. datemymate™ does not warrant that the Website will be error-free, uninterrupted or secure.
f. datemymate™ is not party to any communication between Users of the Website and will have no liability for any communications between Users. Should you have a claim or right of action against any other User arising from that User's use of the Website, you agree not to involve datemymate™ in that dispute and you release datemymate™ from all claims, liability and damages that may arise from such claim or action.
g. In the event that a claim is brought against datemymate™ arising from your use of the Website, including any breach by you of these Terms and Conditions or any charges or complaints made by other parties against you, you agree to indemnify and keep indemnified datemymate™ from and against all actions, costs, proceedings, damages and liabilities caused to us that might arise from that claim.
h. The liability of datemymate™ to any User whether for any breach of these terms and conditions or for any other breach of duty will in all cases be limited to an amount equal to the amount of any Fees paid by the User to datemymate™.
i. In no circumstances will datemymate™ be liable for any indirect or consequential losses suffered by a User including any loss of profit, loss of reputation or similar losses.
4 Registration
4.1 In order to register as User you:
a. must be at least 18 years old and are able to form a legally binding contract;
b. must not have a conviction for a dishonesty offence or for a violent or sexually related criminal offence or are the subject of a pending criminal prosecution for a dishonesty offence or for a violent or sexually related criminal offence or have had a restraining order issued against you;
c. must not have been banned from using the datemymate™ website or any other online services or website, or any similar service provided by any other third party;
d. are an individual intending to use the Website for personal use only and are not using the Website in connection with any commercial undertaking. If you are a corporation or other organisation you may not register as a User for any purpose;
e. must not have registered with datemymate™ under any other name;
f. must have no involvement as an employee, owner, or contractor either directly or indirectly in an operation that is in competition with datemymate™;
g. must not be currently married or in a long term relationship;
h. must be resident in New Zealand.
4.2 What registration entitles you to:
a You may register with the Website for free however you will not have access to certain functions including direct communication with other Users
b. Once you have paid the relevant fee you can immediately access the Subscriber functions of the Website including the direct communication with other Users.
c You must not provide any false information in respect of your name, age, marital status or location to datemymate™ whether that information forms part of the registration process or the Content.
d. You must maintain and keep your Profile up to date.
e. It is at the sole discretion of datemymate™ whether to accept any Content submitted by a User.
4.3 Termination of membership by datemymate™
a Should datemymate™ have reason to suspect that you did not qualify for Registration as a User or have provided false information we reserve the right to terminate your use of the Website and/or to disable your Profile.
b. datemymate™ reserves the right to take any action it deems necessary where it considers that you are making any illegal and/or unauthorised Use of the Website including but not limited to:
i) submitting an inappropriate Profile;
ii) collecting user names and/or email addresses of Users by electronic or other means for the purposes of sending unsolicited emails;
iii) unauthorised linking to the Website or sending abusive, harassing or threatening communications to datemymate™ its agents and or its employees.
c. datemymate™ reserves the right to terminate your membership without notice where datemymate™ considers that you have submitted any Content that violates these Terms and Conditions and includes but is not limited to Content that:
i) is in any way offensive, illegal or violates the rights or safety of any other User;
ii) expressly states or implies that any statements made by you are endorsed by datemymate™ ;
iii) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
iv) harasses or advocates harassment of another person or is abusive, threatening, obscene, or defamatory;
v) displays pornographic or sexually explicit material of any kind;
vi) provides material that exploits people in a sexual or violent manner;
vii) solicits personal information from any person or exploits any person under the age of 18;
viii) promotes an illegal activity;
ix) promotes information that you know to be false or misleading;
x) contains restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page); or
xi) involves the transmission of unsolicited mass mailing or spamming.
c. Should you breach any of these Terms and Conditions datemymate™ may terminate your membership and deny you access to the Website and delete your Profile and any other Content you have submitted to the Website. Should your registration be terminated for a breach of Terms and Conditions no refund of fees shall be payable by datemymate™.
d Should datemymate™ receive a complaint from another User about your use of the Website, we reserve the right to suspend or to terminate your membership should we deem your behaviour is in breach of the Terms and Conditions.
4.4 Cancellation
a. You may cease to be a User at any time and for any reason by either sending datemymate™ email notice of termination or by clicking the 'terminate account' button on the website.
b. Should you become a subscriber (or the meddler pays for your subscription) you can then decide to end your subscriber account before you have made any use of the datemymate™ Subscriber Services, provided you send a request by email to (*link to a DMM email) within 7 days of the date on which you paid your registration fee datemymate™ will refund that fee. For the purpose of this clause Use of the Website includes activating and/or accessing any of the User-only Services.
5. General Rules
5.1 Use of the Website
1. The purpose of the Website is for the facilitation of online personal introductions only.
2. Users must comply with all NZ laws and regulations.
3 You must not include any personal contact information in your Profile, including but not limited to your personal or work telephone numbers or street addresses, last names, URLs or email addresses.
4. It is your responsibility to keep your login name and password secure at all times.
5. By submitting any Content to a public area of the Website, you warrant that you have the right to grant, to datemymate™ the rights to license, use, copy, perform, display and distribute that Content.
6. You are solely responsible for your communications and your conduct with other Users whether online or offline.
7. If for any reason datemymate™ should deny you access to the Website you must not use the Website under any other name or through any other User.
8. You must not interfere with or damage the Website in any way.
9. You must not communicate with any other User who chooses not to communicate with you or discontinues their communication with you.
10. If you suspect your account or Content has been tampered with in any way you must notify us immediately.
5.2 System Integrity and Privacy
1. datemymate™undertakes to operate the Website with reasonable skill and care. datemymate™ will endeavour to ensure the availability of the Website subject to any downtime required for operational purposes and maintenance. datemymate™ assumes no responsibility for the suspension of the availability of the Website. datemymate™shall not incur any liability for the corruption of any content or information held by datemymate™on the Website.
2. datemymate™ reserves the right to make changes to the Website from time to time, provided that such changes have no material adverse effect on the quality of the service provided to Users.
3. datemymate™ collects information about you when you register on the Website to enable us to provide the Website Services for you, for internal administrative and research purposes, to verify your identity, and to allow us to keep in touch with the you. We will take all reasonable steps to ensure the personal information submitted by each User during the registration process is stored safely and is used only in accordance with our Privacy Policy.
5.3 Intellectual Property Rights
datemymate™ owns all the intellectual property rights associated with the functionality and design of the Website. The intellectual property rights in the Content are either owned by or licenced to datemymate™ or owned by a User. No part of the Website may be reproduced, copied, edited, transmitted, uploaded or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage or retrieval system without permission in writing from datemymate™.
6. Jurisdiction
These Terms and Conditions are governed by the laws of NZ and each User submits to the exclusive jurisdiction of the courts of New Zealand.