“EU” means the political and economic union of member states located in Europe known as the European Union;

“EU Country” means any country who is a current member and party to the treaties of the EU and means Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden;

“Personal Data” means any information relating to an identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

“EU” means the political and economic union of member states located in Europe known as the European Union;

“EU Country” means any country who is a current member and party to the treaties of the EU and means Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden;

“Personal Data” means any information relating to an identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

“Privacy Statement” means the Company’s privacy policy which is available on the Website;

“Special Category Personal Data” means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, your criminal record, genetic and biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning your sex life or sexual orientation;

“Website” means this website which is owned and operated by the Company;

“Terms of Use” means these Terms of Use as amended by the Company from time to time, which form the agreement between you and the Company;

“We”, “Us” and “Our” all refer to the Company.

1.1 Acceptance of Terms of Use

The use of this website is conditional upon your acceptance of these Terms of Use and our Privacy Statement. You will be deemed to have accepted these Terms of Use and our Privacy Statement by continuing to use this website. We may change these Terms of Use at any time. If we do, an amended version of the Terms of Use  will be posted on the website. You are responsible for ensuring that you regularly review the Terms of Use. 

If you do not agree to these Terms of Use you must not use this website.

The use of this website is conditional upon your acceptance of these Terms of Use and our Privacy Statement. You will be deemed to have accepted these Terms of Use and our Privacy Statement by continuing to use this website. We may change these Terms of Use at any time. If we do, an amended version of the Terms of Use  will be posted on the website. You are responsible for ensuring that you regularly review the Terms of Use. 

If you do not agree to these Terms of Use you must not use this website.

1.2 User Agreement

This website is operated by Cupid Media Pty Ltd, which is an Australian registered company (the “Company”).

These Terms of Use constitute the agreement between you and the Company (as defined below) in respect of your use of the Website (the “Agreement”).

1.3 Contact

You can contact us on any of the following methods:

Email: team@CupidMedia.com

To contact us regarding a privacy matter or enquiry regarding the collection and use of your personal data, please refer to our Privacy Statement.

2. Sole responsibility
Responsibility for the content of advertisements (if any) appearing on the Website (including hyperlinks to the advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertisers’ product or service by the Company. Each advertiser is solely responsible for any representation made in connection with its advertisement.

3. Intellectual property ownership
The Company retains all rights, titles, and interests in the Website and the corresponding intellectual property rights and reserves all rights not expressly granted.

3.1. Copyright
Copyright in the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Company. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorized by these Terms of Use, you may not in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website; or
(b) Commercialize any information, products or services obtained from any part of the Website;
without our prior written permission.

3.2. Trade marks
Except where otherwise specified, any work or device to which is attached the ™ or ® symbol is a registered trademark. If you use any of the trade marks owned by the Company in reference to our activities, products or services, you must include a statement attributing the trademark to the Company. You must not use our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages us or our information, products or services (including without limitation, the Service and the Website).

4. Linked websites
4.1. Links provided for convenience only
The Website may contain links to other websites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites.

4.2. No endorsement
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by the Company of the owners or operators of the Linked Websites, or of any information, graphics, materials, products or services referred to or contained on Linked Websites, unless and to the extent stipulated to the contrary. We recommend that you review the terms of use and privacy policy of a Linked Website prior to use of it.

5. Privacy Statement
We undertake to comply with the terms of our Privacy Statement which is located on the Website which we may amend from time to time to comply with applicable laws and our operations.

You expressly consent to our collection, processing and use of your Personal Data in the manner and for the purposes set out in our Privacy Statement. You are entitled to revoke your consent, or object to our use of your Personal Data at any time, in accordance with the processes set out in our Privacy Statement.

We do not sell Personal Data to any third parties or provide Personal Data to third parties for any business purpose (unless that business purpose has been specifically referred to in our Privacy Statement).

6. Disclaimers and Limitation of Liability
6.1. Consumer rights under Australian Consumer Law
For individuals in the Australian jurisdiction, you have a range of rights and remedies under Australian Consumer Law (ACL).

6.1.1. Guarantees for goods and services for personal, domestic or household use or consumption
In the Australian jurisdiction, where we supply goods or services of a kind ordinarily used for personal, domestic or household consumption, the consumer guarantees provided by the ACL are not limited or excluded in any way.

6.1.2. Guarantees for goods and services that are not for personal, domestic or for household use or consumption.
In the Australian jurisdiction, where we supply goods or services of a kind that is not for personal, domestic or for household use or consumption but costing no more than $40,000 the consumer guarantees are limited to:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the replacements of such goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services:
(i) the supply of the service again; or
(ii) the payment of the cost of having the services supplied again.

6.2. No warranties as to accuracy
Subject to clause 6.1.1. and 6.1.2., we do not make any representations or warranties that the material or information provided on the Website is reliable, accurate or complete or that your access to the Website will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided on the Website. You should make your own enquiries before acting or relying on any information or material which appears on the Website. You acknowledge that any reliance upon any such material or information shall be at your own risk.

6.3. No warranties as to availability
Subject to clause 6.1.1. and 6.1.2., we do not warrant that the Website will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Website. Where permitted by law, you acknowledge that the availability of the Website is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

6.4 No liability for loss
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Website or any Linked Websites, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the Website. For the avoidance of doubt and without limiting the generality of the foregoing:
(a) The Company does not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with your use of the Website or with any delay or inability to use the Website, or for any information, products and other services obtained through the Website, or otherwise arising out of the use of the Website, whether based under contract, negligence or other tort, strict liability or otherwise, even if the Company has been advised of the possibility of such damage;
(b) The Company does not accept any responsibility or liability for any information or material which you submit to the Website nor do we accept any responsibility for any use or misuse of any information or material which you submit to the Website;

7. Indemnity
To the extent permitted by law, you agree to indemnify, defend and hold the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax (including GST), liability and/or expense (including legal costs on a full indemnity basis) that may be incurred by the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives arising out of or in connection with:
(a) any breach by you of these Terms of Use;
(b) any unauthorized use of the site that can be connected or associated to you;
(c) any breach by you of any law; and
(d) any act or omission that you may do in connection with the site.
You agree to cooperate fully in the defense of any Claim. We reserve the right (but are under no obligation) to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, provided that you shall remain liable for any such Claim.

8. General
8.1. Failure to Comply
The Company accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond our reasonable control.

8.2. No Waiver
If we waive any rights available to us under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

8.3. Severability
If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use shall continue in full force.

8.4. Language of Agreement
The language of this Agreement is English. Where the Company has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only. If there is any inconsistency between the English language version of this Agreement and a translation, the English language version will prevail.

8.5. Variation
We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by these Terms of Use as amended.

8.6. Assignment
You must not assign any of your rights under this Agreement or in respect of the Service or Website to any third party. The Company has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. At the election of the Company, in the event that the Company’s obligations under this Agreement are assumed by a third party, the Company shall be relieved of any and all liability under this Agreement.

8.7. Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Service or the Website.

8.8 Governing Law
(a) Users who are a resident of a nation in the European Union agree that this Agreement is governed by the laws of England and Wales and agree to submit to the exclusive jurisdiction of the courts of England and Wales.
(b) Users who are a resident of a nation that is not in the European Union agree that this Agreement is governed by the laws in force in Queensland, Australia and agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.