Where single adults connect

Scope and Key Points

These Terms and Conditions ("Terms") establish the legally binding framework for utilizing the MatchLocalOzzies.com website ("Website"), its content, and services. They form an integral part of the contractual relationship between OCEANWHISPER LIMITED. ("we," "our," or "us") and you. By accepting these Terms, you affirm that you possess the right, authority, and capacity to enter into a contractual relationship with us on your behalf. It is imperative to thoroughly read these Terms. The following key points are highlighted in this section:

• If you are under 18 and have not yet reached the age of majority, you are prohibited from using this website. It is intended solely for adults.
• We disclaim responsibility for any content posted on the Website, though we reserve the right to remove inappropriate material brought to our attention.
• We do not conduct criminal background screening of users. Responsibility lies with the user for content posted, and ownership rights are retained by the user.
• Fictitious profiles may be used for interaction purposes, as detailed in our disclaimer. Concerns about personal data usage can be addressed in the Privacy Policy.
• Concerns about personal data usage can be addressed in the Privacy Policy.
• We reserve the right to modify these Terms, with changes not applicable to ongoing or pre-existing disputes.

Nature of Website and Eligibility

1. The Website serves as a digital entertainment platform for adults, fostering discussions and facilitating new connections. It aims to provide a safe and enjoyable environment, and users must adhere to its intended purpose and these Terms.
2. The Website may contain explicit content unsuitable for minors. Access is restricted to adults aged 18 and above who have reached the age of majority in their jurisdiction. If these criteria are not met, access to the Website is prohibited.
3. The website may contain explicit content that is unsuitable for minors. Access is restricted to adults aged 18 or older who have reached the age of majority in their jurisdiction. If you do not meet these criteria, you are prohibited from accessing the website.
4. By accessing the Website, registering, or making purchases, users affirm the following:
   • They are at least 18 years old, have reached the age of majority, and have the legal capacity to agree to these Terms.
   • They are not offended by explicit content.
   • They acknowledge the fictitious nature of profiles for message exchange, precluding real-life meetings.
   • They access the Website voluntarily for personal enjoyment.
   • Their use of the Website complies with local laws, and submitted information is accurate.
   • They will not share the Website with minors.

Your Account

1. Account Creation

   Full access to the Website requires registration, which is free and intended for individual users. Registration involves providing accurate information as prompted and choosing a password and username.

2. Responsibility for Account

   Users are responsible for maintaining the confidentiality of their account, password, and all activities occurring under their account. Unauthorized use or security breaches must be promptly reported to us.

3. Liability for Account Misuse

   We are not liable for losses due to unauthorized account use, and users may be held responsible for losses incurred by us or others.

4. Use of Other Accounts

   Users must not use anyone else's account at any time.

5. Account Security

   While we prioritize the security of personal information, users acknowledge the inherent risk of providing information and use the Website at their own risk.

Use of the Website and Content Guidelines

1. Who is Eligible to Use the Website?

   Access to the Website is granted to individuals meeting the eligibility criteria outlined in section 2.3.

2. Is Payment Required for Website Use?

   Users must acquire digital tokens, referred to as "tokens," to unlock specific features and services on the Website, such as sending messages to other users.

3. Content Posting Guidelines

   Users may post photos and text on the Website, adhering to certain rules:

   • Must not contain offensive language or harass, intimidate, embarrass, alarm, or annoy others.
   • Must not include obscene content or anything offensive to human dignity.
   • Must not promote harm, illegal activities, fraud, or discriminatory behaviour.
   • Must not request money or defraud other users.
   • Must not involve the transmission of spam, phishing, or malicious code.
   • Must not infringe on third-party rights, including intellectual property rights.

   Users are solely responsible for the content they post, and any violation may result in legal action, content removal, or account suspension.

4. Rules Regarding Personal Information

   Users should refrain from displaying personal contact or banking information on their profiles. Sharing personal details online should be done with caution, as the Website cannot control others' use of this information.

5. Use of Others' Personal Information

   • Commercial use is prohibited.
   • Misuse of personal information, spamming, harassment, or unlawful threats are not allowed.
   • Organizations or businesses cannot use the Website for any purpose.

   Misuse of others' personal information may lead to account termination and legal action.

6. Account Security

   Sharing login details or allowing others to access your account is prohibited. Users are responsible for keeping their login details secure. Failure to do so may result in unauthorized access, for which the Website is not liable.

7. Visibility of Posted Content

   Content uploaded to the Website is accessible to other users. Users should refrain from uploading content they do not want others to see. By signing up, users agree/consent any image they upload to be seen on the website. The Website retains the right to pre-review, remove, edit, limit, or block access to any content without notice. Users do not have the right to verify the accuracy of user-generated content or monitor the use of the Website by others.

   Why We Pre-Screen Content
   Our primary goal is to create a space where users can share and access content that is both legal and adheres to our community standards. Pre-screening serves several crucial purposes:

   Legal Compliance: We must ensure that content uploaded to our website complies with applicable laws and regulations. This includes avoiding any material that could be considered illegal, such as hate speech, or other unlawful activities.
   Upholding Community Standards: Beyond legal requirements, we have established community standards to foster a respectful and safe environment. Pre-screening helps us enforce these standards, preventing the publication of content that could be harmful, offensive, or inappropriate for our user base.
   Protecting Users: By reviewing content before it goes live, we can prevent the dissemination of material that could potentially harm our users, whether through misinformation, explicit under-aged content, or other violations of our guidelines.

Interaction with Other Users and the Website

1. Message Sending Limits

   Currently, there are no restrictions on the number of messages you can send within a 24-hour period. However, we reserve the right to potentially impose limits on the number of messages you can send to other users in any 24-hour period, which we deem appropriate in the future.

2. Criminal Background Checks

   We do not conduct criminal background checks on registered users. Your interactions with other users on the Website are solely your responsibility. We do not engage in the following activities: (1) monitoring user activity, (2) screening or interviewing users, (3) investigating user backgrounds, or (4) verifying the accuracy of user statements. No warranty is provided regarding the conduct of users or those representing them. We advise you to take reasonable precautions in all communications, meetings, or interactions with other users. Additionally, please consider the following online dating safety tips:

   • Exercise caution when communicating with strangers.
   • Avoid sharing personal information like your last name, email address, home address, phone number, workplace, or other identifying details in your online profile or initial messages.
   • Cease communication with anyone pressuring you for personal or financial information.

3. Website Monitoring

   1. We engage in monitoring of content and conduct on the Website. However, we aim to oversee all activities to the best of our abilities but we also rely on users to promptly report any abuse. While using the Website, you may encounter content from various sources, and we disclaim responsibility for the accuracy, usefulness, safety, or intellectual property rights of such content. You acknowledge the potential exposure to inaccurate, offensive, obscene, or objectionable content, waiving any rights or remedies against us for this exposure.
   2. In accordance with applicable laws, we will cooperate with law enforcement authorities or court orders requesting disclosure of the identity or location of anyone violating these Terms. We are not liable for claims arising from actions taken during investigations or actions taken due to investigations by us or law enforcement authorities.

4. User Conduct Responsibility

   We are not accountable for the conduct of any user. Any losses or damages resulting from the use of the Website or service, including communications or meetings with other users, are not our liability. We make no guarantees, express or implied, about your compatibility with anyone on the Website.

5. Disputes with Other Users

   If you have a dispute with another user, inform us at support@MatchLocalOzzies.com. For disputes related to breaches outlined in section 4.3 or section 5.6, we may investigate and take legal action, including content removal and account suspension. If the dispute persists or is based on other grounds, resolution must be sought through competent law authorities. We are not liable for damages arising from disputes between users or third parties.

6. Prohibited Activities

   We may investigate or terminate your account for inappropriate or unlawful behaviour, both on and off the Website involving users met through the platform. Prohibited actions include but are not limited to:

   1. Verbal abuse of other users.
   2. Impersonation.
   3. Soliciting money.
   4. Uploading tasteless or obscene material.
   5. Engaging in illegal activities.
   6. Spamming users.
   7. Posting photos of children.
   8. Harassing any person.
   9. Implying endorsement by us.
   10. Concealing the identity or source of illegally gained money or products.
   11. Using automated devices to retrieve or reproduce Website content
   12. Collecting user information for unsolicited emails or unauthorized framing.
   13. Interfering with or disrupting the Website.
   14. Sending materials containing computer viruses or other harmful code.
   15. Forging headers or manipulating identifiers.
   16. Unauthorized framing or mirroring of the Website.
   17. Using references to the Website for redirecting to other websites
   18. Reverse engineering, disassembling, or altering Website components.
   19. Unauthorized use or distribution of Website content or information.

Content Ownership

1. 1. We do not assert ownership rights over the content you post on the Website. Upon submitting content, you retain ownership rights, subject to the limited license detailed in this section. By submitting content, you grant us a perpetual, nonexclusive, fully-paid, royalty-free, sublicensable, transferable, worldwide license to use, modify, create derivative works, publicly perform, display, reproduce, rent, resell, and distribute your submission through the Website. This license is nonexclusive, fully-paid, sublicensable, and worldwide.
   2. When posting content, you affirm the accuracy of the following:
      1. You own or have the necessary rights to use and authorize us to use all proprietary rights in the submission.
      2. Your submission does not infringe on any intellectual property or privacy rights or threaten personal safety.
      3. You do not post content featuring individuals under 18 or the age of majority.
      4. You have signed written consent for each identifiable person in the submission.
   3. We may disclose your identity to anyone claiming that content posted by you infringes their rights.

2. Website Content Ownership

   1. The Website and its contents are owned by us, our licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
   2. These Terms permit personal, noncommercial use of the Website. Reproduction, distribution, modification, creation of derivative works, public display, public performance, republishing, downloading, storing, or transmitting materials is prohibited, except for the following:
      1. Temporary storage in RAM during access.
      2. Browser-cached files for display enhancement.
      3. Printing one copy of Website pages for personal, noncommercial use.
      4. Downloading applications, subject to our end user license agreement.
      5. Using social media features as allowed.
   3. Prohibited actions include:
      1. Modifying copies of materials.
      2. Using graphics separately from accompanying text.
      3. Deleting or altering proprietary rights notices.
      4. Commercial use of the Website or its services.
   4. Any breach terminates your license, requiring the return or destruction of copies. No interest in the Website or its content is transferred, and all rights not expressly granted are reserved.

3. Use of Non-Owned Content

   You have no rights to content on the Website except your submissions. Usage that may infringe others' rights, such as copying, modifying, adapting, distributing, publishing, or selling Website content (excluding your submissions), is prohibited. Altering or removing proprietary notices from any content is forbidden.

Paid Services - Refund Policy

1. What can be acquired on the Website?

   Certain Website features necessitate the purchase of tokens or credit bundle for sending messages. Payments are one-time and non-recurring. Token/credit purchases are nonrefundable, and details about purchase prices and payment methods are available in the Pricing List.

2. What if a billing error occurs?

   In case of a billing error, notify us in writing within 30 days of the error appearing on your billing statement. Failure to report a dispute within this period waives any claims. Submit billing disputes to support@MatchLocalOzzies.com, including a detailed statement. We will rectify billing mistakes and adjust them against future payments.

3. Is a refund possible if dissatisfied with the service?

   Unused purchased tokens can be refunded within 14 days by completing the specified form and emailing it to support@MatchLocalOzzies.com. For other exceptional circumstances, email support@MatchLocalOzzies.com, explaining why a refund is warranted. Refunds, if granted, will be issued as a credit to the original credit card, not in cash, check, or free services unless legally mandated.

Digital messaging service

1. Is a real-life hookup guaranteed?

   The Website serves as a digital messaging service for adults, offering profiles for user entertainment. It doesn't intend to establish real-life connections between users, and no assurances are made regarding finding a date or meeting other users in person.

2. Additional information

   1. Profiles may send computer-generated messages to stimulate broader participation in the Website's services or monitor user activity.
   2. This section does not create any expectation of interaction with profiles, and inquiries can be directed to support@MatchLocalOzzies.com.

Access to the Website

1. Can the Website guarantee uninterrupted service?

   Unfortunately, we can't guarantee continuous operation because of necessary maintenance, faults, or circumstances beyond our control. The Website is provided "as is" and "as available," without any warranty on quality, accuracy, functionality, availability, or performance. We may suspend, withdraw, or change the service without notice, and if services are withdrawn, a refund for unused tokens will be issued.

2. What about mobile access?

   1. You are responsible for necessary arrangements to access the Website, including associated fees. We are not liable for reduced functionality through mobile services or similar services.
   2. By accessing the Website through mobile services, you acknowledge potential charges from your Internet or mobile service provider, for which we are not liable.

3. Why can't non-registered users access certain content?

   Non-registered users can access only publicly available Website content. They won't have a profile or the ability to upload content. Registered users' access depends on meeting criteria relating to their profile or token purchase, subject to change without notice.

Termination

1. Why can't I log in, and what's happening to my profile?

   If violating the Terms, your account may be suspended or canceled without notice. Operational means, including IP blocking, may be employed to enforce the Terms.

2. How can I delete my account?

   If registered, find the account deletion option on the settings page. Deletion is permanent, and deleted accounts lose matches, messages, and tokens. Warning: Content you've uploaded, excluding your profile, may still appear on the Website after account deletion.

Abuse/Complaints

1. Whom do I inform about Terms violations?

   Report abuse or complaints about Website content by contacting us at support@MatchLocalOzzies.com and outlining the issue.

2. How do I report copyright infringement?

   Respecting intellectual property rights, we expect users to do the same. Report alleged copyright infringement by providing necessary information through an email to support@MatchLocalOzzies.com.

Data Handling Guidelines

We handle information in accordance with the Privacy Policy. For details on how your personal data is collected, used, disclosed, transferred, and stored, please refer to the Privacy Policy. By using the Website, you consent to the data processing outlined in the Privacy Policy.

Advertisements, Promotions, and Links

The Website may feature advertisements, promotions, or links to other websites, resources, and purchase opportunities provided by third parties. These are provided for informational purposes only. Accessing these advertisements, promotions, or links may direct you to third-party websites with their own Terms and privacy policies, distinct from ours. Our display of these items doesn't imply endorsement, and we disclaim responsibility for third-party content, information, websites, or resources.

Disclaimer of Warranties and Limit on Liability

1. No Legal Intervention for User Conduct

   We are not liable for your conduct or the conduct of any other user on the Website, including content uploaded by users. Users are individually responsible for their actions, and we disclaim liability for any consequences.

2. Exceptions to Liability Exclusion

   We don't exclude liability for death or personal injury resulting from proven gross negligence, willful misconduct, or any liability that cannot be legally limited or excluded.

3. Non-Liability Categories

   1. Disclaimers
      1. Third-party content is provided by others, and opinions expressed are solely theirs. We're not liable for objectionable third-party content.
      2. We don't guarantee the absence of viruses in downloadable files. Users are responsible for antivirus protection.
      3. Risks associated with online/offline interactions, including dating, are assumed by users. We do not guarantee user conduct, compatibility, or availability for matching.
      4. The Website, its content, and services are provided "as is" without warranties.
      5. No warranty is made, express or implied, including merchantability, title, noninfringement, privacy, security, or fitness for a particular purpose.
   2. Limit on Liability

      We are not liable for errors, personal injury, property damage, infringing or offensive content, unauthorized access, interruptions, bugs, viruses, incompatibility, delays, or losses due to Website use.

   3. Exclusion of Damages; Remedy

      Damages, including personal injury, emotional distress, loss of revenue, and computer failure, are excluded from liability. The only remedy for dissatisfaction is to stop using the Website.

   4. Scope of Disclaimers, Exclusions, and Limits

      The disclaimers, exclusions, and limits apply to the fullest extent allowed by law.

Legal Responsibilities for User Actions

1. Payment for Loss

   Users are responsible for compensating us for losses caused by their access, conduct, breach of terms, infringement, violation of rights, or negligent, intentional, or criminal conduct. No payment is required if the loss results from our intentional misconduct.

2. Definitions

   1. "Loss" includes amounts paid for judgments, settlements, fines, damages, staff compensation, and expenses related to a claim.
   2. A loss is "caused by" an event if it would not have occurred without that event.

3. Duty to Notify

   We will notify users of a claim for a loss within 15 business days of becoming aware, but failure to do so doesn't relieve users of their obligation unless it prejudices their ability to mitigate losses.

4. Legal Defense

   We control the defense of a claim, unless directed otherwise. Users will not settle litigation without our written consent if it imposes a penalty, admits fault, or doesn't fully release us from liability. Cooperation between users and us is expected.

5. No Exclusivity

   Rights under this section do not affect other rights we may have.

Compliance with Laws

The Website's owner is based in Cyprus. We have made reasonable efforts to ensure the Website's compliance with Cyprus laws. However, we explicitly state that the Website and its content may not be suitable or accessible outside Cyprus. Accessing and using the Website and its content may be illegal in certain jurisdictions or for specific individuals. Users are advised to check the legal situation in their jurisdiction and refrain from accessing and using the Website if it violates local laws.

Governing Law and Dispute Resolution

1. Applicable Laws

   All matters related to the Website and these Terms are governed by the substantive laws of Cyprus, subject to applicable federal laws and excluding any conflicts of law rules.

2. Dispute Resolution Venues

   For disputes not subject to arbitration:

   • For your claims: the court at the domicile or registered office of either party.
   • For our claims: the court at your domicile.

3. Website Jurisdiction

   The Website is considered based solely in Cyprus, functioning as a passive website without personal jurisdiction over us in any other jurisdiction.

Dispute Resolution Mechanisms

1. Initial Resolution

   Both parties will attempt to resolve disputes through good-faith negotiation before claiming non-compliance with these Terms.

2. Mediation

   If disputes persist after 30 days, either party may demand mediation under the ICC Mediation Rules. Each party bears its mediation costs.

3. Arbitration

   If mediation fails, unresolved disputes may be settled by binding arbitration administered by the ICC, subject to ICC Rules. The arbitrator's award is binding, and confidentiality is maintained unless required by law.

4. Expense Recovery

   The prevailing party in proceedings is entitled to recover all incurred expenses, including legal fees and costs, from the other party.

5. Jury Trial and Class Action Waiver

   Waivers of jury trials and class actions apply, and any claims related to the Website or these Terms must be filed within one year, except for personal injury or death claims, which may be brought within three years.

General Provisions

1. Entire Agreement

   These Terms, including the Privacy Policy, constitute the entire agreement, superseding all prior or contemporaneous agreements about Website access.

2. Copies of Terms

   Users are encouraged to print or save these Terms. Copies are available by email upon request.

3. Changes to Terms

   Terms may be changed with notice posted on the Website.

4. Assignment and Delegation

   We may assign rights or delegate performance without consent, while user assignments require written consent.

5. No Waivers

   Waivers of provisions require written agreement, and no failure or delay operates as a waiver.

6. Severability

   Provisions are modified to the minimum extent to enforce, disregarded if unenforceable, and unenforceable provisions do not invalidate the entire agreement.

7. Notices

   Notices may be sent to us via email, and electronic notices to users are consented to.

8. Force Majeure

   We are not liable for performance delays due to unforeseen circumstances beyond our control.

9. Third-Party Beneficiaries

   No rights or remedies are conferred on persons other than the parties.

10. Successors and Assigns

    The agreement binds successors and assigns without addressing the right to assign or delegate.

11. Communications and Test Profiles

    Consent to electronic communications is assumed, and test profiles may be used for service improvement.

12. Electronic Communications Not Private

    Electronic communications are not confidential, and users should not expect privacy in their messages.

13. No Reliance

    Users acknowledge they do not rely on statements not contained in these Terms.

14. Electronic Signatures

    Clicking agreements is legally binding and equivalent to a handwritten signature.

15. Feedback

    Feedback is encouraged, and we may use it without restriction.

16. English Language

    The English version prevails over translations.

17. Survival

    Provisions surviving termination include ownership, disclaimers, and limitations of liability.

18. Contact Information

    Contact us at support@MatchLocalOzzies.com for questions or concerns.

19. Company Information

    OCEANWHISPER LIMITED, Agiou Eleftheriou 7, Nicosia 2565, Cyprus.

20. Copyrights and Trademarks

    Website materials are copyrighted property, and use without consent is prohibited.

21. Usages

    Various usages are clarified for interpretation and understanding.