Terms and Conditions

TERMS & CONDITIONS OF
THINK PINK AND BLUE PTY LIMITED (ACN 134 060 398)
T/AS THINK PINK AND BLUE DATING SERVICES
(“Think Pink and Blue”)

1.	INTERPRETATION
	In these terms unless otherwise indicated by the context:

(a)	the singular includes the plural and vice versa;
(b)	headings to clauses are included for the sake of convenience only and will not affect the interpretation of the clauses to which they relate;
(c)	references to any statute or statutory provision include that statute or statutory provision as amended, extended, consolidated or replaced by subsequent legislation and any orders, regulations, instruments or other subordinate legislation made under the relevant statute;
(d)	the word *person* means and includes a natural person, a company, a firm or any other legal entity whether acting as a trustee or not;
(e)	these terms will bind each party’s legal personal representatives, successors and assigns;
(f)	“single” means not currently married and not currently living in a de facto relationship and not currently engaged to be married and not currently proposing to enter into a de facto relationship with a particular person and for clarity includes persons who have been married and are now separated and/or divorced and persons who have lived in a de facto relationship but no longer live with another person in such a relationship;
(g)	*“website”* means the website address *www.thinkpinkandblue.com* or any other website address used from time to time by Think Pink and Blue.
(h)	where a party comprises two or more persons the rights and obligations of such persons pursuant to these terms will enure for the benefit of and bind all of them jointly and each of them severally

SOLE TERMS

2.	These terms and conditions apply to any person proposing or enquiring to use, or using the website including, but not limited to all persons viewing the website, listing themselves on the website or posting or causing to be posted their contact details, information or photographs on the website, becoming a member of the website or otherwise accessing the website *(“user”)*
3.	These terms will only be waived or varied in writing by Think Pink and Blue and Think Pink and Blue and its employers and agents are not a user as defined in clause 2 immediately above.
4.	These terms contain all the warranties and conditions given by Think Pink and Blue in connection with the website and the User and to the extent that Think Pink and Blue may exclude any warranties or conditions which might otherwise be implied by any competent legislation then Think Pink and Blue excludes from application all such implied warranties and conditions.

THE WEBSITE

5.	The website is provided by Think Pink and Blue to persons to facilitate contact between persons who wish to contact and meet other persons socially with a prospect of dating other persons and persons who wish to be contacted and meet with other persons socially with a prospect of dating other persons.
	Listed User
6.	A *“listed user”* means any person who provides contact details, information and photographs *(“the details”)* to Think Pink and Blue for display on the website, or posts those details themselves on the website, for the purposes of those details being accessed by other users.
7.	A listed user must be single and be over 18 years of age and by agreeing to these terms acknowledges, represents and warrants that they are over 18 years of age and are single.
8.	The details shall be posted on the website and the listed user hereby agrees to have the details posted on the website and hereby acknowledges that the listed user:

(a)	consents to the posting of all details supplied on the website;
(b)	is aware that, other than contact details, all other details will be accessible by any user;
(c)	is aware that their contact details will be accessible by members of the website; and
(d)	represents and warrants that they consent and have obtained all necessary and required consents for the processing of the details on the website, including the transfer of the details from their place of origin to be dealt with by Think Pink and Blue according to the laws of New South Wales.

	Member
9.	A *“member”* means a person who pays a fee to Think Pink and Blue and by the payment of that fee is provided access to the website whereby that access includes access to the contact details of listed users.
10.	A member also provides the details to Think Pink and Blue for display on the website, or posts those details themselves on the website, for the purposes of those details being accessed by other users.
11.	A member must be single and be over 18 years of age and by agreeing to these terms acknowledges, represents and warrants that they are over 18 years of age and are single.
12	The details shall be posted on the website and the member hereby agrees to have the details posted on the website and hereby acknowledges that the member:

(a)	consents to the posting of all details supplied on the website;
(b)	is aware that, other than contact details, all other details will be accessible by any user;
(c)	is aware that their contact details will be accessible by members of the website; and
(d)	represents and warrants that they consent and have obtained all necessary and required consents for the processing of the details on the website, including the transfer of the details from their place of origin to be dealt with by Think Pink and Blue according to the laws of New South Wales.

13.	As a member Think Pink and Blue grants you a limited personal licence to access and utilise the details of listed users and members on the website for the limited purposes of the website as referred to in clause 5 above pursuant to these terms and conditions and that licence:

(a)	is revocable at will by Think Pink and Blue;
(b)	does not authorise or allow any other use of the details; and
(c)	is not transferable and cannot be sub-licensed; and
(d)	is limited to the member personally.

	Fee
14.	The fees payable by a member are payable on a calendar monthly basis in advance up to a maximum of 12 calendar months at rates as specified by Think Pink and Blue from time to time *(“the pre-paid period”)* and the use of the website as a member is confined to months paid for by the member pursuant to this clause. A person’s status as a member ceases immediately upon the expiration of the latest in time of the pre-paid periods at which time the status of the member reverts to that of a listed user. All applicable taxes, duties or levies (including GST) on the sale of the goods will be to the Buyer’s account.
	The website is not to be used by any user for any commercial purposes whatsoever.
15.	The website is not to be used by any user for any commercial purposes whatsoever.
	Maintaining of Details
16.	All listed users and members must:

(a)	provide and maintain the details accurately and update them forthwith upon any change to the details occurring;
(b)	provided to Think Pink and Blue any further information it may require for identification purposes;
(c)	advise Think Pink and Blue forthwith should they cease to be single;
(d)	advise Think Pink and Blue if they no longer wish to have their details, information and photographs displayed on the website and do all acts required of them by Think Pink and Blue to facilitate the removal of the details; and
(e)	advise Think Pink and Blue forthwith of any improper or inappropriate use of the details.

	Use of the Website
17.	The user is required to maintain sufficient internet access and sufficient computer hardware and software to facilitate their use of the website pursuant to these terms and conditions and to ensure that:

(a)	No computer viruses are received from any other user or the website;
(b)	No computer viruses are transmitted to any other user or the website.

18.	The user is not an agent of Think Pink and Blue in any use, access or listing of any information, details or records on the website.
19.	Users of the website shall only use the website on a bona fide basis for the purposes of the website as referred to in clause 5 above pursuant to these terms and conditions and shall not use the website for any other purpose and in any event shall not use the website or any of the details available on or obtained from the website to:

(a)	threaten, harass, stalk, intimidate, abuse, insult, defame or harm any person in any manner;
(b)	list details of any person other than themselves;
(c)	list or publish any of the details in any form that is false and misleading in any aspect, is of a sexual or violent nature, contains nudity or contains restricted or password only access pages or contains hidden pages or images; and
(d)	to exploit or take advantage of in any manner whatsoever any person under the age of 18 years.

	RISK
20.	Think Pink and Blue does not have the ability to check, verify, warrant or represent that the details or bona fides of users are without flaw and cannot, and does not, guarantee, warrant or represent that users may not breach these terms or act in manner contrary to these terms in accessing or utilising the details of listed users and members *(“the possible misuse”)*.
21.	The user hereby acknowledges that he or she uses the website with full knowledge and acceptance of the possible misuse and has provided the details with full knowledge and acceptance of the risk of the possible misuse and agrees that he or she:

(a)	shall forever hold harmless and waive any claim against Think Pink and Blue in relation to any possible misuse of the website by any user; and
(b)	does so at his or her own risk

22.	The user hereby acknowledges that he or she uses the website with full knowledge and acceptance of the possible misuse and has provided the details with full knowledge and acceptance of the risk of the possible misuse and agrees that he or she:

(a)	shall forever hold harmless and waive any claim against Think Pink and Blue in relation to any possible misuse of the website by any user; and
(b)	does so at his or her own risk.

23.

The user also acknowledges that the user is aware that links with other linked websites of other persons and entities may be present on the website to increase traffic to the website. Those links may change from time to time. The user further acknowledges and agrees to proceed with the use of the website being aware of those matters and also on the understanding that:

(a)	those links and any access to them by the user may result in the user receiving advertising and other unwanted material from other persons or entities; and
(b)	Think Pink and Blue has absolutely no control or influence over those links or the content of any of the sites linked to the website,
	and the user hereby agrees to release Think Pink and Blue from any liability whatsoever to the user in relation to those other linked websites being linked to the website at any time, the website being linked to any other linked website and the user receiving any unwanted or other material from any other linked website and further the user agrees that any access to any of those other linked websites by the user is at the user’s sole risk.

	FORCE MAJEURE
24.	No party will be liable nor deemed to be liable to the other party for failure or delay in meeting any obligation due to strikes and/or lockouts (whether of their own employees or those of others and whether or not the party against whom such action is taken could have avoided the same by acceding to the demands of the employees responsible for such action) Acts of God, war, fire, flood, embargo, litigation, acts of government or any agency instrumentality or any political subdivision thereof or any other cause beyond the control of the party which had the duty to perform and failures or malfunctions of computers or other information technology systems.
25.	The user acknowledges and agrees that some downtime of the website is expected by the user as a result of, amongst other things, actions and/or faults from the person hosting the website and/or maintenance required to the website and that Think Pink and Blue is not liable in any way for any claim or loss by the user in relation to any downtime of the website and all downtime is acknowledged by the user to be beyond the control of Think Pink and Blue.
26.	In any such event, at the sole discretion of Think Pink and Blue, the time for performance of the obligations if Think Pink and Blue to the user will be extended by the same period or periods (as the case may be) for which performance is delayed. Think Pink and Blue will use its best endeavours to avoid or remove such causes of non-performance and will continue performance hereunder with the utmost despatch as soon as such causes are removed. Nothing in this clause will be construed as requiring Think Pink and Blue to settle any industrial dispute.
	NO RELIANCE ON WARRANTIES AND REPRESENTATIONS
27	In agreeing to these terms and conditions the user agrees and acknowledges that:

(a)	they have note relied on any warranty or representation (whether oral or written) in relation to the subject matter of these terms and conditions made by any person; and
(b)	have relied entirely on their own enquiries in relation to the subject matter of these terms and conditions.
	This clause does not apply to warranties and representations that this Agreement expressly sets out

	EXCLUSIONS AND LIMITATIONS
28.	Think Pink and Blue will not be liable for any loss or damage, whether arising in contract, tort or otherwise, sustained by any user or any other person which may be sustained in connection with the use or access to the website or any of the details or other information contained on the website. Such loss or damage may include, but is not limited to, loss or damage caused by the negligence or wilful act or default of Think Pink and Blue or others, whether consequential or otherwise and whether or not such loss or damage is reasonably foreseeable. These terms and conditions contain all the warranties and conditions given by Think Pink and Blue in connection with the subject matter of these terms and conditions and to the extent that Think Pink and Blue may exclude any warranties or conditions which might otherwise be implied by any competent legislation then Think Pink and Blue excludes from application all such implied warranties and conditions.
	Advice and Information
29.	Any advice, recommendation, information, assistance or service given by the Think Pink and Blue in relation to subject matter of these terms and conditions is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability and the Think Pink and Blue does not accept any liability or responsibility for any loss suffered from the user’s reliance on such advice, recommendation, information, assistance or service.
	Trade Practices Act
30	The terms in these terms and conditions that exclude or limit Think Pink and Blue’s liability will apply only to the extent permitted by law. Provisions of the Trade Practices Act 1974 (Cth) (Australia) (as amended) and other statutes from time to time in force cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent. These terms and conditions must be read and construed subject to any such statutory provisions. If any such statutory provisions apply, then to the extent to which Think Pink and Blue is entitled to do so, its liability under those statutory provisions will be limited at its option to:

(a)	the supplying of the services again; or
(b)	the payment of the costs of having the services supplied again

	INTELLECTUAL PROPERTY
31.	Think Pink and Blue is the sole owner of all intellectual property associated with the website and its material and contents are and shall remain the sole property of Think Pink and Blue.
32.	Any right of the user to use or access any material, image, design or template or other intellectual property of Think Pink and Blue on the website is only for use on the website by the user pursuant to these terms and conditions.
	INDEMNITY
33.	The user indemnifies Think Pink and Blue in respect of any claim or demand made or action commenced by any person against Think Pink and Blue or for which Think Pink and Blue is liable in connection with any loss or damage suffered in connection with the these terms and conditions or the subject matter of these terms and conditions and in relation to an use of the website by the user, including but not limited to any legal costs as between solicitor and client incurred by Think Pink and Blue or for which Think Pink and Blue is liable.
	TERMINATION
34.	Think Pink and Blue may terminate the membership of any member and all rights relating thereto as well as the listing or posting of the details of any listed user:

(a)	at the sole discretion of Think Pink and Blue; and
(b)	without any prior notice to the user,
	and may do so without providing any reason whatsoever to the user and will advise the user by forwarding an email to the then current email address of the user as notified to Think Pink and Blue.
	Nothing in this clause required Think Pink and Blue to provide any other notification by any other means and should the then current email address of the user as notified to Think Pink and Blue no longer be operational, no notification of such termination is required.

35.	Should Think Pink and Blue terminate the membership or use of the website of any user pursuant to clause 34. above then:

(a)	Should any calendar months remain unused in whole of any pre-paid period then the user will only be entitled to a pro rated portion of the fee paid for that pre-paid period calculated by reference to the expired portion of that period in respect of which the fee is payable less all costs and expenses incurred by the Think Pink and Blue arising out of the termination;
(b)	If only part of one calendar month remains unused in any pre-paid period, then the user shall not be entitled to any moneys; and
	should the user not then be a member then the user shall not be entitled to any moneys,

36.	The membership of any member and all rights relating thereto as well as the listing or posting of the details of any listed user are forthwith and immediately terminated upon:

(a)	the user ceasing to be single;
(b)	the user committing a substantial breach of these terms and conditions and in that regard without limiting what can be determined as a substantial breach it is agreed that a substantial breach includes, but is not limited to:

i	any breach of clauses 7, 11, 13, 17 and 19
ii	any access or use of the website contrary to clause 5;
iii	any access or use of the website for a commercial purpose; and
iv	any use of any intellectual property of Think Pink and Blue contrary to clauses 31 and 32,

without refund and without any entitlement to claim moneys from Think Pink and Blue.

37.	The user may terminate his or her membership and cease to list any or all of the details at his or her will and shall forthwith advise Think Pink and Blue of those matters via the contact method facilitated on the website.
38.	Should the user terminate his or her membership pursuant to clause 37 above then the user shall have no claim for a refund or otherwise in relation to fees paid for membership in relation to any unused portion of any pre-paid period.
	SEVERABILITY
40	These terms and conditions will be governed by and construed pursuant to the laws of New South Wales and the parties agree to submit to the jurisdiction of the Courts of New South Wales in connection with any dispute relating to these terms.
	RIGHTS NOT AFFECTED BY FAILURE TO ENFORCE
41	The failure of Think Pink and Blue at any time to enforce any of the provisions of these terms and conditions or any rights in respect hereto or to exercise any election herein provided will not be a waiver of such provisions, rights or elections or affect the validity of these terms and conditions.
	RIGHTS TO SURVIVE TERMINATION
42.	Termination of the rights of the user to membership or to use or access of the website will not release the user from any liability or right of action which at the time of expiry or termination has already accrued to Think Pink and Blue or which may thereafter accrue in respect of any act or omission prior to such expiry or termination. Such rights may include but not be limited to the recovery of any money due.