Terms & conditions
The Platform is owned, controlled and operated by Balkan Love.
The terms and conditions set out below (the "User T&Cs") apply to all Users.
Balkan Love reserves the right to amend the User T&Cs at any time. Notice of any amendments will be displayed on the Platform. Your continued use of the Platform following this notice will constitute acceptance by you of those amendments. You should familiarise yourself with the Balkan Love T&Cs and check for updates regularly.
Last updated 31 July 2017.
THIS IS A LEGALLY BINDING CONTRACT
The User T&Cs contain a number of important terms that affect your legal rights, such as:
a. Terms that restrict our liability for loss and damage that may be caused by your use of the Platform;
b. A promise for you to pay for loss and damage that we suffer as a result of you breaching those warranties;
c. Terms that allow us to stop providing the Platform at any time without notice; and
d. Terms that allow us to use and reproduce the content you upload to the Platform.
If you have any questions about any of the above, or anything contained in these User T&Cs, please contact us by email to contact@balkanlove.com.au for an explanation. Please do not use the Platform until you are satisfied that you fully understand these User T&Cs.
A. DEFINITIONS
Where a definition is used for the first time in this Privacy Policy, it will appear in bold text.
"Balkan Love", "we", "our", and "us" refers to Balkan Love Pty Ltd (ACN 618 069 882), its administrators, successors, permitted assigns and substitutes and related bodies corporate as that term is defined in section 50 of the Corporations Act 2001 (Cth).
"Content" means the messages sent directly between Users using the chat functionality on the Platform.
"Direct Messages" means the messages sent directly between Users using the chat functionality on the Platform.
"Intellectual Property"means all intellectual property rights (past, present and future) conferred by law (whether registered or unregistered) including without limitation business names, trade or services marks, patents, designs, trade secrets, computer programs, data bases, copyright, circuit layout, moral rights and all proprietary rights and all other intellectual property defined in Article 2 of the Convention establishing the World Intellectual Property Organisation (July 1967).
"Personal Information" means any information or opinion, whether true or not, and whether or not recorded in a material form, about a person who is identified or reasonably identifiable, and includes Sensitive Information (defined below).
"Platform" means the software application known as Balkan Love and the Website (defined below).
"Privacy Policy" means Balkan Love’s privacy policy located at www.balkanlove.com.au/privacypolicy
"Registered Users" means persons who have registered a profile on the Platform.
"Users" means persons who visit, view, browse, access or otherwise use the Platform, whether or not as a Registered User (defined above).
"User Account" means the account of a Registered User.
"User Content" means content uploaded by a User that was not previously existing on the Platform prior to upload by that User, including without limitation the contents of the User Account and User Profile and all the text and other content contained in all Direct Messages (defined above) sent by that User.
"Website" means the website at www.balkanlove.com.au.
B. TERMS AND CONDITIONS
1. Application of User T&Cs
1.1 The User T&Cs apply to all Users of the Platform. By visiting, viewing, browsing, accessing or otherwise using the Platform, Users accept and agree to comply with the User T&Cs.
2. Description of Platform
2.1 The Platform is an interactive online platform which allows Users to view the profiles of, and interact with via Direct Message, other Users. It is anticipated that each User will use the Platform to search for, and interact with, Users they consider to be potentially romantically compatible with themselves.
2.2 We reserve the right to alter, update, modify, or refuse or terminate access to, any functionality, feature, content or other element of the Platform at any time, without prior notice to you.
3. Eligibility
3.1 To be eligible to become a Registered User, you must:
a. Be over the age of 18;
b. Be able to form legally binding contracts under the laws of Australia and the country you are using the Platform in; and
c. Accept and agree to be bound by the User T&Cs.
4. Registered User Accounts and Profiles
4.1 In order to register a User Account for a User, we require the following information about that User:
a. Name
b. Gender
c. Age and date of birth
d. Email address;
e. Nationality;
f. Your sexual orientation; and
g. Personal biographical information that you wish to be visible on your User Profile (defined below).
4.2 To save time during the registration process, Users may choose to use their credentials for their Facebook or Google Account which will pre-fill the information required for items a, b, c and e outlined above if you have provided such information to Facebook or Google Account. It is a requirement of us making Google Account log-in authentication available to our Users that our Users accept and agree to be bound by Google’s terms and conditions which are available at: https://developers.google.com/terms/.
4.3 If you do not use your credentials for your Facebook or Google Account to create your User Account, we will use an email authentication process (by sending a confirmation email which you are required to accept) in order to verify your identity.
4.4 In handling any information revealed to us as a result of your use of your Facebook or Google Account log-in credentials, we may be required to comply with Facebook and/or Google Account policies. We will also treat this information, as we treat all Personal Information, in accordance with our Privacy Policy.
4.5 Once you have registered a User Account, we will create for you a public profile which will be visible to certain other Users as determined by our unique algorithm (your "User Profile"). The information that is viewable by other Users on your User Profile includes:
a. Photographs you have uploaded to your User Account for inclusion in your User Profile;
b. Your name;
c. Your age;
d. Your nationality;
e. The biographical information that you have uploaded to your User Account for inclusion in your User Profile;
f. Keywords drawn from your biographical information; and
g. Your approximate geographical location.
5. Conduct on your User Account
5.1 You are solely responsible for all conduct on your User Account.
5.2 You will be required to nominate a unique password when registering your User Account (your ). You must keep your Password confidential and not share it, or allow it to be shared, with any other person. You may be required to enter your Password in order to obtain access to your User Account, although your device may also allow you to remain logged in, and continue to access your User Account without needing to re-enter your Password. If you wish to ensure that the contents of your User Account are kept confidential, you must implement appropriate locks and security measures on the device you are using to access the Platform.
6. Interacting with other Users
6.1 We use a unique algorithm to provide each User with suggested matches. We do not guarantee that you will be romantically, socially or otherwise compatible with any other User, whether or not they are a suggested match.
6.2 Our role is as an intermediary, and is limited to the provision of the Platform only. We are not responsible for the conduct of any User on or off the Platform and we do not warrant that any other User you interact with on the Platform will comply with relevant laws and/ or with the User T&Cs. We cannot guarantee that any information contained on a User Profile or User Account for another User (including the age or name of that User) is correct, complete or reliable.
6.3 You must take reasonable security precautions when interacting with other Users on or off the Platform, including when sending Direct Messages. If you become concerned about the conduct of another User on the Platform, you may flag or block that User in accordance with the process set down in clause 6.5 of the User T&Cs below.
6.4 Please remember that there is no guarantee that any information you provide to another User on the Platform will not become viewable by third parties. You should accordingly use your discretion and take adequate measures to protect your personal privacy when using the Platform.
6.5 You will be able to block other Users in your discretion by following the process set down in the Platform. You may also un-block Users in your discretion. A User you have blocked will not be able to view your User Profile or send Direct Messages to you. We cannot guarantee that a User you have blocked will not contact you via other means, including by establishing a new User Account.
6.6 If you are otherwise concerned about the conduct of a User, please bring this to our attention by emailing report@balkanlove.com.au. We will monitor this email address regularly, but we are under no obligation to terminate the account of any User who you bring to our attention in your email. In the event that you become concerned about a breach of any law or violation of the privacy or personal rights or any person, it is your responsibility to notify the relevant authorities and take any other self-protective or security-related measures you deem necessary or appropriate.
7. Your right to use the Platform
7.1 Provided you comply with the User T&Cs, we grant you a personal, non-exclusive, non-transferable, conditional and revocable licence to access and use the Platform in accordance with the User T&Cs.
7.2 If you breach any provision of the User T&Cs, we have the right to terminate your User Account without notice to you and take any other action we deem necessary or appropriate, in our discretion (which may include referring your conduct to the relevant authorities).
7.3 You agree that you will not:
a. Use the Platform for any purpose that is illegal, unlawful or prohibited by the User T&Cs in Australia or in any other country/ies in which you or the relevant other User is located at the time of your use;
b. Upload User Content or communicate with other Users, or with us, either on or off the Platform, in a way that is violent, obscene, discriminatory, defamatory, infringing, hateful, objectionable, harassing, aggressive, pornographic, otherwise unlawful or prohibited by these User T&Cs;
c. Share, reproduce or distribute the User Content of any other User with any third party, either on or off the Platform;
d. Interfere or attempt to interfere with the proper working of, or obtain or attempt to obtain unauthorised access to, the Platform, the Content or the User Content of any other User, including without limitation via hacking, transmission of viruses or destructive or disruptive code, or use of automated devices, scripts or bots; or
e. Impersonate any person or entity, set up a User Account under a name or using a photograph or log-in information that is not your own, solicit money from other Users or engage in any fraudulent activities via the Platform, either directly or via third-party software.
7.4 We maintain the right, in our sole unfettered discretion, to refuse to register any person as a Registered User, and to terminate or suspend any User’s access to the Platform or any User Account.
8. User-Generated Content
8.1 You are solely responsible for all of your User Content.
8.2 You warrant that your User Content does not contain any:
a. Obscene, hateful, violent, bullying, discriminatory or threatening language, or content that creates
a genuine risk of personal injury or property damage or makes credible threats to people or public safety;
b. Hate speech, including content that attacks people based on their race, ethnicity, religious beliefs, sexual orientation, nationality, sex or gender identity or any other discriminatory characteristic;
c. Sexually explicit or pornographic content, content that exploits or presents minors in a sexual way or intimate content uploaded without the subject’s consent;
d. Promotion or endorsement of mental, emotional or physical harm to yourself or others;
e. Illegal, false, fraudulent, misleading or deceptive conduct;
f. Content that infringes the personal or proprietary rights of others, including but not limited to intellectual property rights and rights to privacy;
g. Content that expresses support or endorsement of terrorist or organised criminal activity or contains instructional information about illegal activities,
h. Offers to buy or sell regulated goods such as firearms, alcohol and tobacco, illegal and prescription drugs, gambling services and sexual or escort services and related and similar goods or services; and
i. Spam, publicity or promotion of commercial activities or commercial content.
8.3 You further warrant the following:
a. Your User Content does not infringe legislation or regulations of any applicable jurisdiction (including without limitation Australia and the jurisdiction in which you are using the Platform);
b. You will not infringe the rights of any other person or act in a way that constitutes a breach of any agreement you may have with any person by uploading and sharing User Content via the Platform and any third party web Platforms and online platforms;
c. You will obtain all necessary authorities, licences, permissions, clearances, approvals and consents required to upload and share User Content via the Platform; and
d. You will not, and will not allow others, to create, edit or manipulate your User Content for any illegal, unlawful or illegitimate purposes.
8.4 We take no responsibility for User Content, but we reserve the right, but are under no obligation, to monitor, edit or remove User Content.
9. Intellectual Property
9.1 The Intellectual Property in the Platform and the Content as well as the structure, layout, user interface and ‘look and feel’ of the Platform ("Balkan Love IP"), is exclusively owned and controlled by Balkan Love and/or its third-party affiliates, licensors and/or licensees and is protected by Australian and international law governing intellectual property rights.
9.2 You warrant that you will not reproduce, display, remove, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit Balkan Love IP unless you have our express written authorisation. Unauthorised use of Balkan Love IP is strictly prohibited.
9.3 You hereby grant to us a perpetual, non-exclusive, fully paid, irrevocable, royalty-free, transferable, sub- licensable, worldwide licence to reproduce, exploit or otherwise use, copy, reproduce, process, adapt, modify, publish, transmit, exploit, display and distribute your User Content in any and all media, markets, languages or distribution methods now known or hereafter devised.
10. Deleting your Account
10.1 You are allowed to delete your User Account. Once deleted, you will not be able to restore your User Account and we may destroy or archive, in our discretion, all data associated with your User Account, subject to our Privacy Policy.
11. Disclaimers & Limitation of Liability
11.1 Except for liability in relation to breach of any implied condition, warranty or guarantee including under the Competition and Consumer Act 2010 (Cth) or similar laws of another jurisdiction where applicable to the User’s use of the Platform, the exclusion of which from a contract would contravene any applicable statute or cause any part of the User T&CS to be void ("Non Excludable Conditions"), to the extent permitted by law: Balkan Love and its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates DISCLAIM ALL LIABILITY FOR ALL LOSS OR DAMAGE (ACTUAL, SPECIAL, DIRECT, INDIRECT AND CONSEQUENTIAL) OR EVERY KIND RELATING TO YOUR USE OF THE PLATFORM OR INTERACTION WITH ANY USER WHETHER ON OR OFF THE PLATFORM AS WELL AS ALL WARRANTIES, GUARANTEES, REPRESENTATIONS OR SPECIFIC PROMISES AS TO THE FUNCTIONALITY, RELIABILITY OR AVAILABILITY OF THE PLATFORM INCLUDING WARRANTY OF FITNESS FOR PURPOSE. We take no responsibility for any error, interruption or defect resulting from technical fault or otherwise, and you acknowledge and agree that your use of the Platform is on an “as-is” basis to the extent permitted by law. To the extent permitted by law, our liability for breach of any Non-Excludable Condition is restricted, at our option, to the re-supply or paying for the cost of resupplying our services to you (being the provision of the Platform).
11.2 We make no express or implied guarantees, warranties or representations as to the conduct of Users or any relationship compatibility between Users. Where we suggest a match to another User, we do so via an automated code based on information contained in the relevant User Accounts. We do not undertake any assessment or evaluation of the compatibility of any Users, or any other characteristic of a User.
11.3 The Platform may from time-to-time host hyperlinks to third-party web services or host third-party information or content on the Platform. All third-party content is the responsibility of its author, and we do not endorse or represent the views or opinions contained therein. We are not responsible for any material contained on third-party web services and any dealings between you and third parties are your sole responsibility.
11.4 You hereby acknowledge and confirm that you are on notice of the disclaimer and limitation of liability contained in this clause 11, and the indemnity contained in clause 12 below, and you expressly agree to these as a condition of using the Platform.
12. Indemnities
12.1 YOU HEREBY INDEMNIFY US AGAINST ALL QUANTIFIABLE AND REASONABLE LOSS AND/OR DAMAGE SUFFERED BY US AS A RESULT OF YOUR CONDUCT ON THE PLATFORM AND/OR ANY BREACH BY YOU OF A TERM OF THE USER T&CS BY YOU OR ANY PERSON USING YOUR USER ACCOUNT.
13. Miscellaneous
13.1 These User T&Cs are governed by and construed in accordance with the laws of Victoria, Australia ("Relevant Law"), without giving effect to any conflict of laws principle applicable in other jurisdictions. Any claim, cause of action or dispute arising out of these User T&Cs or relating to the use of the Platform will be resolved exclusively in the Supreme Court of Victoria or lower court in Victoria or the Federal Court as applicable, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating such claims.
13.2 Invalid or unenforceable parts of these User T&Cs may be severed without affecting the enforceability or validity of the remaining parts of these User T&Cs.
