PREAMBLE
The Website accessible at: « top-aussie-dating-sites.com » (hereinafter « the Site » or « the service ») is published by :
Black Orange
17 Ferdinand-Hodler Street
C/O E.Kiss-Borlase, Trust Agency SA
Geneva 1207
The company is registered as a limited company in Geneva, CHE-358.754.164, CH-660.0.535.017-5.
These Terms and Conditions constitute the contract between THE SITE and any User of the service; they prevail over any other conditions.
Article 1 - Definitions
For the purposes of these General Terms and Conditions, the terms below are defined as follows: « User » : person browsing the Site and/or using the service.
Article 2 - Acceptance of these Terms and Conditions of Use of the site
Any use of the site is subject to the acceptance of the terms and conditions of the site. These Terms and Conditions may be modified at any time. Therefore, we recommend the User consult them on a regular basis. The user confirms that he/she has obtained from the SITE all the necessary information regarding the services offered and declares his/her full adhesion to the provisions contained herein. Thus, the User declares:
- to be acquainted with the conditions under which the Site operates, in particular through these Terms and Conditions of Use,
- to be legally capable of entering into a contract;
- to have ensured that the necessary technical requirements are met,
- to undertake to use the Site in accordance with these Terms and Conditions of Use.
The user acknowledges and accepts that his/her agreement regarding the contents of these Terms and Conditions does not require the handwritten signature of this document and that any use of the Site implies prior acceptance of these Terms and Conditions.
Article 3 - Purpose of the Service
The Site provides Internet users an information service on the rates and services offered by the main dating sites (hereinafter « Dating Sites ») and allows them to compare these sites. The Site includes information on a wide variety of online products and services. It aims to provide useful content and allow its visitors to choose from companies referred to on the Site. Some information is provided directly by partner companies and is subject to change any time. The information contained herein does not constitute legal or professional advice and should not be considered as such. We accept compensation from referrals. It influences the ranking of the brands and the order in which their products appear as well as the ratings they receive. The presentation of companies, their offers and products on this page does not necessarily imply their approval. We do not list all the suppliers on the market.
Article 4 – Use of the Service
The Site is not responsible in any way for the consequences of any omission and/or inaccuracy of the information provided by the User, which the latter acknowledges and accepts. The offers on the Site are based on information communicated by the Dating Sites and their partners at the time of publication. Despite all the care we take in collecting and updating the data, the information and results provided by the Site could contain mistakes. The Publisher shall not be liable in any manner whatsoever for such errors.
Article 5 - Relationship between the Service and the referred Dating Sites
The Dating Sites which offer products and services accessible through the Site are independent entities, separate from the Site. The publishing of such products and services is not in itself a recommendation to purchase them. The commercial relation between these Dating Sites and the User, or her/his participation in events organised by them including the payment of services, or any other terms, conditions, guarantees or declarations in relation to these transactions is carried out directly between the User and the Dating Site. The Site shall not be held liable for providing access to these services. The User acknowledges that the Dating Sites’ websites are not under the control of the Site. The Site shall not be responsible for their content, advertising, products, services or any other material available on or from them, as well as the collection, use, or disclosure of personal information collected. Consequently, the User acknowledges that the Site cannot be held responsible for any loss or damage whatsoever resulting from this relationship or more broadly from the presence of advertisers on the Service. Furthermore, the User acknowledges that the Site is not liable for any loss or damage, caused or alleged to be caused by, or arising in connection with, the use of or reliance on content, products and services made available on these external sites or sources. To establish transparent rankings, we analyse prices and how products compare to other products in their category. We receive commissions from our partners. We have an affiliate relationship with some of the websites that appear in our rankings, and this may affect the rankings.
Article 6 – Service Liability
General Liability
As a technical service provider, the Site does not control the information content, in particular prices, provided by the Dating Sites. As a result, the Site is not responsible for the content on the Site and the offers posted on the Site cannot be considered as final, definitive or binding for the Site. Carefully reading the relevant general and particular conditions provided by the Dating Sites, as well as the Pricing Conditions, which are the only binding documents with contractual value in the relationship with the chosen Dating Site, are the sole responsibility of the User. The Site cannot exhaustively reference all Dating Sites nor their offers but a limited number of offers. The User therefore acknowledges and accepts that the Service does not aim to provide a comprehensive overview of all the dating services available on the market, but only of a limited sampling of Dating Sites. Similarly, the User is informed that the Site does not provide any advice as to the choice of a dating site: the User acknowledges that he/she remains in all circumstances the sole judge of the choice of the site and/or related services that he or she will choose. The Site is not intended to exonerate the User from doing his/her own research in order to form his/her own judgement regarding the services and rates of the selected site. The pricing conditions of the Dating Sites may change, therefore the Site cannot accept any responsibility for any difference between the prices mentioned on the Site and the prices actually offered by the selected Dating Site. The Dating Sites referenced on the Site have no obligation towards the Site User: giving a favourable outcome to a request to open an account, a credit or a service is at their own discretion. Likewise, the site having no obligation to advise nor any active role in the selection of the Dating Sites’ eligible members, in no way can its liability be invoked in any respect whatsoever.
Technical liability
The connection, use and participation to the Site imply for the User the complete knowledge and awareness of the limits of the Internet for all that concerns technical aspects of data transfer, virus protection and other Internet constraints. In particular, the Company shall not be held responsible for any damage, material or immaterial, caused to participants, their computer equipment and the data stored therein, and for the consequences that could arise from this for their personal, professional or commercial activities. Likewise, the Company shall not be held liable in the event that one or more Members are unable to connect to the Site or to use the services due to any technical defect or problem related in particular to network congestion and/or a failure of the User's computer equipment. In the current state of information technology, the Site cannot be held responsible in particular in the event of (non-exhaustive list) :
- failure of computer connection or network related to the use of the Internet,
- temporary or permanent failure of the computer or telephone networks,
- temporary or permanent failure of the participant's computer equipment,
- temporary or permanent failure of the participant's software,
- damage caused to the participant's computer equipment,
- malfunctions of the Internet network resulting in failures in the administration, security, integrity or management of the services offered on the Site,
- change to the site’s program resulting in an update and/or temporary unavailability of the site,
- any loss of data or settings of the User,
- consequences and damage caused by a computer virus,
- problems with the User's connection to the Site,
- external advertising URLs present on the pages of the site,
- contents of the various websites linked to the site,
In addition, the Site cannot be held responsible in case of (non-exhaustive list): modification, suspension, cancellation or postponement without notice or justification, of one or more of the services offered on the Site. In such a case, the Site cannot be held responsible and Users will have no claim to compensation. Hypertext links may send Users to other websites. Users are asked to read the other websites’ conditions. The Company will not be responsible in the case where the content of said other websites violates the legal and/or regulatory provisions in force. The Site is entitled to carry out any maintenance operations necessary for the proper functioning of the Service and undertakes, whenever possible, to limit the duration of such operations and to take action during the period in which the inconvenience caused will be the most limited to the Users. The User may not claim any compensation for such operations.
Article 7 – Service Guarantee
The Site undertakes to use reasonable means to fulfil its obligations under these Terms and Conditions. The Site is therefore only bound, with regard to the commitments contained herein, by a duty of care regarding the access to the service and its functioning. Except where this limit is prohibited by law, the Site can in no way be held liable for any direct, indirect, special, consequential or incidental damages. The Site DOES NOT GUARANTEE, ENDORSE OR WARRANT ANY CONTENT APPEARING IN ANY USER PUBLICATION, AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CONTENTS HEREOF AND ASSUMES NO LIABILITY IN THIS REGARD.
Article 8 - Privacy and Personal Data Protection
The user is informed that the Site is responsible of the treatment of personal data with the purpose of:
- providing commercial offers;
- comparing commercial offers from partner dating sites;
- carrying out analysis, reporting and statistics;
- carrying out promotion and commercial prospecting.
The data provided by Site Users, as well as their IP addresses, are stored in the database of the service and handled with a concern for confidentiality. The User accepts that the IP address is collected and stored. Specific data may be provided as part of the operation of certain services and won’t be stored by the Site. The data collected is intended for use by authorised services of the Site, its subcontractors as well as the Dating Sites offering services of interest to the user, so that they can contact them. The Site may offer its Users or visitors the opportunity to participate in loyalty and marketing programs or any other activities taking place on a third-party website or program. In this case, the Site is not liable for the actions or activities of these third parties and advises its visitors to carefully read the Terms and Conditions proposed by them. Users may also object, for legitimate reasons, to the processing of any data relating to them, or, without any reason, to the use of this data for marketing prospecting purposes. Users must refrain from collecting, improperly soliciting, misrepresenting or using the information accessed in any way likely to undermine a person's private life or reputation. Users registered on the Site have the right to oppose, access, and correct their information. If the request to delete information relates to elements necessary for the proper functioning of the participant's Account, the account must be deleted. Therefore, any User registered on the Site has the right to require that their data be corrected, completed, clarified, updated or deleted; The Service is designed to facilitate user navigation. To this end, the Site uses cookies with the purpose of indicating when Members visit. Cookies are only used to improve the personalized service of each User. It is possible for Users to block these cookies by modifying the security parameters of their browser:
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On Mozilla Firefox:
- Click on the « Tools » menu then on « Options »
- Click on the « Privacy » icon
- Find the « Cookie » menu and select the options that suit you.
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On Microsoft Internet Explorer:
- Choose the « Tools » menu, then select « Internet Options »
- Select the « Confidentiality » tab
- Select the desired option.
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On Google Chrome:
- Click on the 'three dots' icon in the browser toolbar
- Choose the 'Settings' menu then click on 'Privacy and security'
- Click on the 'Cookies and other site data' tab and select the desired options
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On Opera 6.0 and above:
- choose the menu « File » > « Preferences »
- Privacy
However, if the User refuses these cookies, the Site cannot guarantee the proper functioning of all the features of its Service. For any other question, you can contact our customer service:
Article 9 - Intellectual Property
The distinctive features of the Site and its partners, such as domain names, trademarks, names, as well as logos appearing on the site are protected by the Intellectual Property Code. The content of the site, the general structure, as well as the source codes and objects, texts, images, and more generally all the other elements which make up the site are the exclusive property of the company or third parties that have granted it a licence. The same applies to the databases of the service: they are protected by the articles of the Intellectual Property Code. The reproduction, disclosure, use, modification, or any other form of unauthorised and/or unlawful exploitation, directly or indirectly, by any similar or different medium, of the elements listed above, will involve the company in applicable legal actions on the part of the Site or on the part of affected third parties against the offender(s).
Article 10 - Probative force
It is agreed between the User and the Site that only the data saved on the Site's computer systems are conclusive evidence as to elements of contact and the information resulting from service-related computer processing. Consequently, it is expressly agreed that the Site may rely, in particular in the event of litigation or dispute, on these elements as proof of any act, fact or omission in order to assert its rights in court. These different elements constitute admissible, valid, and actionable evidence between the parties whatever their form or presentation. In the event of a conflict between the data held by Site and any other document, it is expressly agreed that said data will be binding between the parties.
Article 11 - General provisions
The Site reserves the right to transfer these terms and conditions to any company in the group to which it belongs, or to any company controlling it. The fact that the Site may not have required the application of any clause of these General Terms and Conditions, whether permanently or temporarily, cannot be considered as a waiver on its part to invoke it.
Article 12 - Applicable law and competent jurisdiction
The Site and these Terms and Conditions of Use are subject to Swiss law. In the event of a dispute, the parties shall make every effort to find an amicable solution. In the absence of amicable agreement between the mentioned parties, only the courts of the place of the registered office of the Site will be courts of competent jurisdiction, without any exception. Any dispute relating to the interpretation, execution or validity of this contract shall be submitted to the exclusive jurisdiction of the competent court in the Canton of Geneva, notwithstanding multiple defendants or warranty claims.
