Terms and Conditions
1. About the Website
1.1 CitySwoon.com (the "Website") provides its registered members with an opportunity to meet each other at hosted events ("Events") or by using the online platform to propose and schedule dates that are created by themselves or with other registered members of the service (the "Services").
1.2 The Website is owned and operated by Data Pacific Pty Ltd (ACN 001 559 753) trading as CitySwoon (the "CitySwoon"). Access to and use of the Website, or any of its associated products, is provided by CitySwoon. Please read these terms and conditions (the "Terms") carefully. By using or browsing the Website, reading the content on the Website or posting content to the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of this Website immediately and we ask that you please leave the Website.
1.3 CitySwoon reserves the right to review and change any of the Terms by updating this page at its sole discretion. When CitySwoon updates the Terms, it will use reasonable endeavours to provide you with notice of same. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, you should print off or save a local copy of the Terms for your records.
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2 Acceptance of the Terms
2.1 You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by CitySwoon in the user interface.
3.1 CitySwoon may, from time to time, offer you the opportunity to attend special events run by CitySwoon (the "Events"). The Events may have a displayed age range for each gender and you will have to be within that range to be eligible to attend. It is your responsibility to ensure that you purchase a ticket to an Event for which you are within the appropriate age range.
4 Purchases and Delivery Policy
4.1 You will be provided with an opportunity to pay the relevant purchase price for a ticket to Events. You acknowledge and agree that the purchase price for tickets to the Events are non-refundable and are paid in advance prior to an Event organised by CitySwoon taking place.
4.2 Cityswoon reserves the right to offer discounts to the Ticket Price from time to time.
4.3 All event ticket or online service purchases, as listed on the website, are delivered electronically and will be delivered immediately upon completion of a successful online credit card payment or telephone credit card payment.
5 Event refunds
5.1 Please understand that planning a Cityswoon event is a highly customised, time-consuming process, which incurs costs to the company prior to an event taking place. We do our very best to ensure that each guest is placed at the most suitable event. A cancellation at any time can be a real setback to the process. Your place cannot be reserved or confirmed until payment has been received.
5.2 If you have pre-paid and/or paid and booked into an event but do not attend, you are not eligible for a refund under any circumstances (except to the extent that your consumer guarantee rights, which are described later in these terms, entitle you to a refund). If you notify our Customer Service team in writing 7 days prior to the event that you're unable to attend, we will happily offer you a credit to attend another event that is of equal or less value to the amount that you have paid.
5.3 The sole recourse in the event of dissatisfaction with a Cityswoon event is to attend another Cityswoon event at half the advertised cost, unless your consumer guarantee rights entitle you to anything more than that. The customer service and events team at Cityswoon work hard to ensure that every event has an approximately equal number of men and women. However, some people fail to attend an event even though they have accepted an invitation and paid. Should a significant difference in numbers adversely affect your experience at a speed dating event, or should you have fewer than 4 matched dates at any event where at least this number of matched dates is advertised, we will happily book you into another event at half price. Please note that mere dissatisfaction with the people you meet at an event does not entitle you to attend an event at half price.
5.4 In the event of a cancellation or postponement (outlined below), you acknowledge that Cityswoon will not provide a refund unless the condition laid out below regarding postponement or alternative events are not available for whatever reason
5.5 You acknowledge and agree that any refunds provided for under this clause are at CS's sole discretion.
6 Cancellations and Postponements
6.1 On occasion, a Cityswoon event will have to be postponed. We recognize that our guests look forward to attending our events and that postponing an event can be extremely frustrating. Please be assured that we make every effort to ensure that all events proceed as planned and only cancel an event when we are confident that the experience for our guests would not be up to the normal high standard. Speed dating relies on there being an approximately equal number of men and women and if there is a significant difference in the number of men and women, or there just aren't enough people overall, then we prefer to choose the lesser of two evils and postpone the event.
6.2 If we are not able to fill an event we will either reschedule the event for another date, usually no more than 4 weeks from the date of the original event, or we will happily book you into an alternative event using the credit we have applied to your account. You will be notified of the new date by email and/or SMS before the day of original event (unless we have an unusually large number of people cancelling on the day of the event in which case we will notify you on the day). If this new date is not convenient you will be offered the opportunity to wait for the next suitable event.
6.3 From time to time, CitySwoon may conduct ID checks either at the venue or prior to the event commencing. If you are found to be more than two (2) years outside the age range, CitySwoon reserves the right to refuse you participation in the event. Where you are refused access CitySwoon may, at their sole discretion, offer tickets to an alternative event with a more appropriate age range.
6.4 In booking an event you understand that Events are highly dependent on the number of attendees and that CitySwoon may, at their sole discretion, elect to cancel an event. Where an event is cancelled pursuant to this clause 6.3, CitySwoon will use all reasonable endeavours to find a suitable replacement event. You will be notified of the new Event date through the email and/or phone number provided with your Account. Where a new Event is not possible, CitySwoon will credit the value of the Event to your account to be used at a later date.
7 Online Date Creation and Scheduling Services
7.1 As part of the registration process, or as part of your continued use of the Services, you will be required to provide personal information about yourself (such as identification or contact details). You will also be requested to provide CitySwoon with: (a) an email address; and (b) password.
7.2 As part of the registration process you will also be given the opportunity to purchase a Subscription, which will include the payment of a monthly subscription fee (the "Subscription Fee").
7.3 Cityswoon may provide a variety of Subscription options to you following your registration as a User. Each Subscription option may provide different benefits and may have a different Subscription Fee and in purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
7.4 You agree that any information you give to CitySwoon as part of the registration process will always be accurate, correct and up to date.
7.5 Once you have completed the registration process: (a) you will be a registered member of the Website ("Member"); (b) you will have limited access to some of the Services offered by the Website unless you are a Subscriber; (c) you may attend Events without a paid subscription, provided you hold a valid ticket, subject to these Terms (d) you may be able to interact with other Members to arrange dates you have created; and (e) By completing the registration process, you agree to be bound by these Terms.
7.6 Paid Subscribers (a) are Members who have taken up a paid Subscription plan (b) are immediately given access to the online services including: (i) creation of unlimited, proposed dates (ii) Acceptance or Rejection of other members applications to attend any date that has been created by the Subscriber (iii) Ability to view the profile of other members displayed to them using the service (iv) unlimited messaging to other members after Date Acceptance and post meeting up
7.7 You may not use the services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with CitySwoon; (b) you are a person barred from receiving the services under the laws of Australia or other countries including the country in which you are resident or from which you use the services; or (c) you have previously been convicted of a criminal offence relating to any violent or sexual actions.
8 Refund Policy - Subscription Fees
8.1 The Subscription Fee is non-refundable and unless otherwise expressly stipulated, CitySwoon requires full payment of the Subscription Fee prior to accessing Subscriber features.
9 Your account obligations
9.1 As a Member, you agree to comply with the following: (a) use the services only for purposes that are permitted by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; (b) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your Membership; (c) any use of your Membership by any other person, or third parties, is strictly prohibited. You agree to immediately notify CitySwoon of any unauthorised use of your password or email address or any breach of security of which you have become aware; (d) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time; (e) you are solely responsible for your interactions with other Members; ¬¬¬ (f) you understand that CitySwoon does not in any way screen its Members, nor does CitySwoon inquire into the backgrounds of its Members or attempt to verify the statements of its Members. CitySwoon makes no representations or warranties as to the conduct of its Members or their compatibility with any current or future Members; (g) you agree that you will not broadcast, publish, transmit, up-load, post or upload content to the Website which is false, misleading or contains sexually explicit material, references or innuendos; (h) you agree not to harass, impersonate, stalk, threaten another member of the Website; (i) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for personal, non-commercial purposes only for the duration of the membership; (j) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of CitySwoon; (k) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; (l) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken by CitySwoon for any illegal or unauthorised use of the Website; (m) you may not cover, obstruct, obscure or block the banner advertisements on your personal profile page or any CitySwoon page via HTML/CSS or any other means; and (n) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
10 Your dating obligations to protect your safety
10.2 Any dates organised via the Website must take place in a public environment such as a bar, restaurant and café. You agree that you will never meet another Member in a non-public setting such as a park or other quiet area.
10.3 Any dates organised via the Website must take place anonymously. This means prior to meeting with another Member, you must not exchange any of the following personal information: (a) your telephone number; (b) email address; (c) social media profile name; (d) home address; (e) last name; or (f) place of work.
10.4 The personal information specified in 10.3 of the Terms should only be provided to another Member by CitySwoon after meeting up on a date. This ensures that if you meet another Member who you do not wish to have any further contact with, you retain your privacy and, if required, you can Block that Member from contacting you via the Website.
10.5 You agree that if you arrange to meet another Member, you will attend the meeting at the location, date and time mutually agreed to. You understand that you are personally liable and responsible for making the meeting arrangements. Furthermore, by not attending an arranged meeting, you may forfeit your months membership and your failure to attend may result in your membership being terminated as it puts CitySwoon into disrepute.
11 Monitoring your use
11.1 Although CitySwoon does not have any obligation to monitor the Services, CitySwoon reserves the right (but shall have no obligation) to: (a) pre-screen, review, flag, filter, modify, refuse or remove any or all content from any service; (b) provide tools to filter out explicit sexual content; and (c) conduct criminal record checks on you.
12 Copyright and Intellectual Property
12.1 The Website, Services, and all of the related products of CitySwoon are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the "Content") are owned or controlled for these purposes, and are reserved by CitySwoon or its contributors.
12.2 CitySwoon retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any: (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
12.3 You may not, without the prior written permission of CitySwoon and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
13 General Disclaimer
13.1 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
13.2 Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and (b) CitySwoon will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. 13.3 Use of the Website, the Services, and any of the products of CitySwoon, is at your own risk. Everything on the CitySwoon, the Services, and the products of CitySwoon, are provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of CitySwoon make any express or implied representation or warranty about its Content or any products or Services (including the products or services of CitySwoon) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (b) the accuracy, suitability or currency of any information on the Website, the Service, or any of its Content related products (including third party material and advertisements on the Website); (c) costs incurred as a result of you using the Website, the Services or any of the products of CitySwoon; (d) the Content or operation in respect to links which are provided for the Member's convenience; (e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or (f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
14 Limitation of liability
14.1 CitySwoon's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Subscription Fee paid by you for the purchase of the Services under these Terms or where you have not paid the Subscription Fee, then the total liability of CitySwoon is the resupply of information to you.
14.2 You expressly understand and agree that CitySwoon, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
14.3 CitySwoon is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Services, whether posted or caused by Members of CitySwoon, by third parties or by any of the services offered by CitySwoon.
14.4 CitySwoon does not control and is not responsible for the behaviours and actions of its members, their comments, posts or information that they upload. Accordingly, CitySwoon is not responsible for any offensive, inappropriate, obscene or unlawful content you may encounter on the Website or in connection with any of the services provided on the Website.
15 Termination of Contract
15.1 The Terms will continue to apply until terminated by either you or by CitySwoon as set out below.
15.2 If you want to terminate the Terms, you may do so by: (a) notifying CitySwoon at any time; and (b) closing your accounts for all of the services which you use, where CitySwoon has made this option available to you. Your notice should be sent, in writing, to CitySwoon via the 'Contact Us' link on our homepage.
15.3 CitySwoon may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision; (b) CitySwoon is required to do so by law; (c) the partner with whom CitySwoon offered the Services to you has terminated its relationship with CitySwoon or ceased to offer the Services to you; (d) CitySwoon is transitioning to no longer providing the services to Members in the country in which you are resident or from which you use the service; or (e) the provision of the services to you by CitySwoon is, in the opinion of CitySwoon, no longer commercially viable.
15.4 Subject to local applicable laws, CitySwoon reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts CitySwoon's name or reputation or violates the rights of those of another party.
15.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and CitySwoon have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
16.1 You agree to indemnify CitySwoon, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; (b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or (c) any breach of the Terms.
17 Dispute Resolution
17.1 Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
17.2 Notice: A party to the Terms claiming a dispute ("Dispute") has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
17.3 Resolution: On receipt of that notice ("Notice") by that other party, the parties to the Terms ("Parties") must: (a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; (b) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of New South Wales or his or her nominee; (c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; (d) The mediation will be held in Sydney, Australia.
17.4 Confidential All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
17.5 Termination of Mediation: If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
17.6 Legal Proceedings: In the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
18 Venue and Jurisdiction
The Services offered by CitySwoon are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
19 Governing Law
This agreement is governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This agreement shall be binding to the benefit of the parties hereto and their successors and assigns.
20 Independent Legal Advice
Both parties confirm and declare that the provisions of this agreement are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.