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1. Terms of use This page provides the terms of use ("Terms of Use") upon which you make use of our website www.lovestruck.com and/or our Lovestruck app ("Lovestruck"). Please read these Terms of Use carefully before you start to use Lovestruck. By using Lovestruck, you accept these Terms of Use and you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using Lovestruck. Your attention is drawn in particular to clauses 9, 12.3, 17 & 18.
2. Definitions "Agreement" means these Terms of Use which regulate the relationship between Lovestruck and the Member; "Communications" means any communication including but not limited to communications by email by the Member to other members of Lovestruck. "Contribution" means the contributions of the Member to Lovestruck including but not limited to the text and/or images contained within the Members Profile; "Member" means any natural person whose membership has been accepted by Lovestruck and remains valid; "Members Profile" means that part of Lovestruck containing information and/or pictures about a Member; "Membership" means the subscription-only membership levels which provide the Member with full access to the Service; "Service" means the service provided by Lovestruck to the Member including, but not limited to, allowing the Member to access and/or use Lovestruck, and, if upgrading to Membership, to contact and/or be contacted by other Members and/or publish or transmit information on Lovestruck;
3. Information about us Lovestruck is operated by Love Group Global Limited ("We"). We are registered in Australia under company number 82009027178 and have our registered office at Level 8, 99 St Georges Terrace, Perth WA 6000, Australia.
4. Accessing Lovestruck
4.1 We reserve the right to withdraw or amend the service we provide on Lovestruck without notice (see below). We will not be liable if for any reason Lovestruck is unavailable at any time or for any period.
4.2 We may restrict access to some parts or all of Lovestruck, from time to time to users who have registered with us.
4.3 If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.
4.4 When using Lovestruck, you must comply with the provisions of clause 8.
4.5 You are responsible for making all arrangements necessary for you to have access to Lovestruck. You are also responsible for ensuring that all persons who access Lovestruck through your internet connection are aware of these Terms of Use, and that they comply with them.
5. Membership
5.1 By becoming a Member the Member warrants and represents that: 5.1.1 the Member is at least 18 years of age; 5.1.2 the Member has not been convicted of any offence or been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and 5.1.3 the Member will be using the Service for his/her personal use only.
5.2 We shall have the right in our absolute discretion to refuse to register applications for membership and to terminate memberships at any time.
5.3 An application for membership shall be treated as accepted by us when the Member receives confirmation of his/her membership from Lovestruck by e-mail.
6. Payment
6.1 The membership fees only apply if you upgrade to our Membership levels.
6.2 The amount payable will depend on whether you opt for the 1 month, 3 month, 6 month or 12 month subscription.
6.3 Payment shall be made to us by credit card, debit card, bank transfer, cash or cheque.
6.4 Payment will not be treated as having been made until Lovestruck has received cleared funds in respect of the sum due.
6.5 Members shall not be given access to their or any other Members' Profiles until such time as the membership fees have been received by us.
6.6 Where specified on the payment page of Lovestruck when you applied for Membership, your subscription will be auto-renewed without notice for the periods stated. You can cancel auto-renewal by sending an email to [email protected]
6.7 Any payments charged back via your bank will not release you from any of the obligations of these Terms and Conditions. In the event of a chargeback of a legitimate payment you will be charged an additional administration fee of £75 (incl VAT) for each transaction.
6.8 We may at any time change our prices for Membership. The new rate takes effect if you apply for a new upgrade (whether or not it is your initial upgrade) after we have posted the details of our new price on Lovestruck. Auto-renewals of existing Memberships will remain at the old price.
7. Members profile
7.1 Members must not include in their Member Profile any telephone numbers, street addresses, e-mail addresses or any other information that would enable other Members and/or any person to contact Members outside of Lovestruck.
7.2 Members must not disclose their Membership status in any shape or form.
7.3 We or Lovestruck may copy and/or reproduce any information published by Members on Lovestruck in any form and in any manner.
7.4 The Member shall ensure that all information transmitted and/or published on Lovestruck by him/her from time to time is accurate, true, complete and is not misleading and will be regularly reviewed to ensure that it remains so.
7.5 We reserve the right at our absolute discretion from time to time and without notice to amend and/or delete all or any part of a Member's Profile.
8. Acceptable use
8.1 You may use Lovestruck only for lawful purposes. You may not use Lovestruck:
8.1.1 in any way that breaches any applicable local, national or international law or regulation;
8.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
8.1.3 in any way that may facilitate prostitution or paedophilia; or
8.1.4 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
8.2 You also agree:
8.2.1 not to reproduce, duplicate, copy or re-sell any part of Lovestruck in contravention of the provisions of these Terms of Use;
8.2.2 not to access without authority, interfere with, damage or disrupt:
8.2.2.1 any part of Lovestruck; or
8.2.2.2 any software used in the provision of the Services from Lovestruck.
8.3 All Contributions and Communications with other members of Lovestruck shall conform to the content standards set out in this clause 8.3. Contributions and Communications without limitation must not:
8.3.1. contain any material which is defamatory of any person;
8.3.2 contain any material which is obscene, offensive, hateful or inflammatory;
8.3.3 promote sexually explicit material;
8.3.4 promote violence;
8.3.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
8.3.6 infringe any copyright, database right or trade mark of any other person;
8.3.7 be likely to deceive any person;
8.3.8 be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
8.3.9 be likely to harass, upset, embarrass, alarm or annoy any other person;
8.3.10 be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
8.3.11 give the impression that they emanate from us, if this is not the case.
9. Reliance on information posted
Commentary and other materials posted on Lovestruck are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Lovestruck, Member or by anyone who may be informed of any of its contents.
10. Lovestruck changes regularly
We aim to update Lovestruck regularly, and may change the content at any time. If the need arises, we may suspend access to Lovestruck, or close it indefinitely. Any of the material on Lovestruck may be out of date at any given time, and we are under no obligation to update such material.
11. Information about you and visits to Lovestruck
We process information about you in accordance with our privacy policy. By using Lovestruck, you consent to such processing and you warrant that all data provided by you is accurate.
12. Uploading material to Lovestruck
12.1 Whenever you make use of a feature that allows you to upload material to Lovestruck, or to make contact with other users of Lovestruck, you must comply with the content standards set out clause 8. You warrant that any such Contribution does comply with those standards, and you indemnify us for any breach of such warranty.
12.2 Any Contributions, Communications or material you upload to Lovestruck will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Lovestruck constitutes a violation of their intellectual property rights, or of their right to privacy.
12.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Lovestruck.
12.4 We have the right to remove any material or posting you make on Lovestruck if, in our opinion, such material does not comply with the content standards set out in clause 8.
13. Linking to Lovestruck
13.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
13.2 You must not establish a link from any website that is not owned by you.
13.3 Lovestruck must not be framed on any other site, nor may you create a link to any part of Lovestruck other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in clause 8 of these Terms of Use.
14. Links from Lovestruck Where Lovestruck contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
15. Intellectual property rights
15.1 We are the owner of all intellectual property rights in Lovestruck, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
15.2 You may print off one copy, and may download extracts, of any page(s) from Lovestruck for your personal reference and you may draw the attention of others within your organisation to material posted on Lovestruck.
15.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
15.4 You must not use any part of the materials on Lovestruck for commercial purposes without obtaining a licence to do so from us or our licensors.
15.5 You warrant that you are the author of all information and/or pictures uploaded or otherwise entered onto Lovestruck and assign to Lovestruck all copyright in such information and pictures.
16. Termination
16.1 Members may terminate their membership at any time for any reason by sending an email to [email protected]
16.2 Lovestruck may terminate or suspend a Member's membership and access to the Service with immediate effect and either with or without notice:
16.2.1 if the Member fails to make any payment due to Lovestruck when due; and/or
16.2.2 if the Member is in breach of any of the terms of this agreement; and/or
16.2.3 if Lovestruck is unable to determine the accuracy and/or validity of any information provided by the Member; and/or
16.2.4 for any other commercial or technical reason.
16.3 Any notice shall be sent to the Member's email address as provided in his/her application for membership.
16.4 Certain clauses of these Terms of Use will remain in force after termination of the membership including clauses 8.2 and 15 and 17.
16.5 Failure to comply with clause 8 constitutes a material breach of the Terms of Use upon which you are permitted to use Lovestruck, and may result in our taking all or any of the following actions:
16.5.1 immediate, temporary or permanent withdrawal of your right to use Lovestruck.
16.5.2 immediate, temporary or permanent removal of any posting or material uploaded by you to Lovestruck.
17. Indemnity
17.1 You undertake fully and effectively to indemnify and keep indemnified at all times We, Lovestruck and its officers, employees, agents or authorised representatives against all actions proceedings claims costs demands liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained incurred or paid by us or Lovestruck directly or indirectly in respect of:-
17.2 access to and/or use of the Service by the Member;
17.3 any information data or material published or transmitted by the Member;
17.4 any breach by the Member of any of the provisions of these Terms of Use or of any code law or regulation relating thereto.
18. Our liability
18.1 The material displayed on Lovestruck is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude: 18.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and 18.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any Member in connection with the Services or access to Lovestruck and any materials posted on it.
18.2 We expressly exclude liability for consequential loss, damage or corruption to other software or data or for loss of profit business revenue or goodwill incurred by you or a Member.
18.3 If any part of this clause 18 is held to be invalid, We shall only be liable to the Member for an amount not exceeding the sum paid by the Member for the provision of the Services.
18.4 Notices of any claims against We or Lovestruck shall be made by the Member within 10 days of the alleged incident giving rise to the claim together with sufficient evidence to show to Lovestruck's reasonable satisfaction that it is liable.
18.5 No part of this clause 18 shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
19. Verification Service
19.1 The Lovestruck Verification Service is an identity authentication service, conducted via cross-checking of various social IDs. Accordingly, it may not be used in whole or in part as a factor in determining eligibility for a background check.
19.2 We assume no liability to you related to this service, even if we are negligent. In particular, we are not liable for any consequential damages or incidental damages, even if advised of their possibility, or punitive damages.
19.3 You agree to pay for our defence of any third party's claim related to your breach of any of these terms or related to your negligence or wrongful act or omission related to the Verification service. You agree to pay any settlement or judgment entered for any such claim.
20. Variations We may revise these Terms of Use at any time. You are expected to check the Terms of Use from time to time to take notice of any changes we have made, as they are binding on you. Any variations to these Terms of Use must be in writing and signed on behalf of the parties.
21. Jurisdiction and applicable law The Australian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Lovestruck although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Use are governed by Australian law.
Thank you for visiting Lovestruck.
