PAIR US TERMS OF USE

Last updated: 7 September 2018                                    

Pair Us Pty Limited ACN 602 707 924 (‘Pair Us’, ‘Pair’, ‘we’, ‘us’, ‘our’, or ‘Company’) is offering its services through pair.app, and the Pair application through the iOS platform (‘Service’).

 1.    Acceptance of the Terms of Use Agreement

By accessing or using our Service, you agree to be bound by (1) these Terms of Use, (2) our Privacy Policy, and (3) our Safety Guidelines, (“Agreement”), whether you have created an Account with us or otherwise.

Should you disagree with these terms and do not wish to be bounded by the Terms, you must cease accessing or using our Service; and if you have registered an Account on our Service, delete your Account.

We reserve the right to make changes to the Agreement at anytime. The most recent version of the Agreement will be published on our Service. Your continuous access or use of our Service after any changes made to the Agreement constitutes acceptance of such changes. If you do not agree with the changes, you must stop using our Service.

2.    Eligibility

You must be at least 18 years old to access or use our Service. By using or accessing our Service, you represent and warrant that:

  • You are 18 years old or older;
  • You are capable of lawfully entering into this Agreement;
  • You do not have any previous convictions whatsoever, whether is it a civil or criminal offence; and
  • You have not had your account terminated by Pair or been otherwise barred from using our Service.
  • You will not access and tamper with another person’s account without their permission, or access and tamper with non-public areas of our Service

Your access or use of our Service may be restricted or prohibited in certain countries. If you are accessing or using our Service outside Australia, you are fully responsible to comply with laws from which you access or use our Service.

3.    Registration

To access and use our Service, you need to register and create an account with us (‘Account’). You can only register for a single Account through your current personal mobile number. If you change your mobile number, you may use the in-app Change Phone Number feature in our Service to update your Account with your new personal mobile number. For registration purposes, you agree to receive text messages and/or phone calls from our third-party provider to receive codes to register for our Service.

You confirm that your registration information, including your name, gender, date of birth and personal mobile number that you have provided is true and accurate, and that you will update this information if it changes.

Please refer to our Privacy Policy on how we treat personal information you provide to Pair.

4.    Term, Termination & Suspension

This agreement commences when you first use or access our Service until terminated by either party. We reserve the right to terminate your Account or your access to our Service at any time for any reason, without explanation.

In the event of termination either by you or Pair, you agree that all fees paid to Pair will be non-refundable and all outstanding payments will be due with immediate effect on termination.

We reserve the right to take necessary action, including but not limited to removing your profile from display to other users of the service (‘Other Users’), blocking, suspending, or terminating your Account without any warning, explanation or notice to you if:

  • we have any reason to believe that you have breached the Agreement;
  • a complaint has been made about you;
  • you have infringed intellectual property rights of Other Users or Pair;
  • we are of the opinion that you were dishonest, rude, abusive, offensive, threatening, obscene, profane, harassing, unsafe to be with or have behaved inappropriately to Other Users;
  • you have had a long absence from using our Service; or
  • we have any reason to believe your continued use of the Service will jeopardise the reputation or goodwill of the Company

5.    Security

You agree to take responsibility to keep your Account safe and secure. As you are the only person who has access to your Account, you are fully responsible for activities that take place under your Account, including but not limited to the purchase of any paid subscriptions.

You agree to immediately notify us at support@pair.app of any unauthorised access or use of your Account. We may contact you to request a form of identification to verify your identity.

6.    Intellectual Property

For the purpose of the Agreement, ‘Content’ means all information and materials relating to our Services, including without limitation to software, code, algorithms, icons, designs, user-interfaces, images, logos, text, graphics, the Reporting, Rating and Feedback System (‘Feedback System’), scores, ratings, recommendations, statistics, statements, opinions, advice, communications, concepts, data, buttons, photos, audio files, illustrations, music, videos, controls, features, layout, architecture, trademarks (including but not limited to the word ‘Pair’), copyrights, patents, service marks, other intellectual property rights related thereto and content uploaded by you (‘Your Content’) on our Service, or otherwise transmitted to any other users of the Service.

The Company owns and retains all proprietary rights in and relating to the Content and Service, except for Your Content.

You agree to grant the Company, its affiliates, licensees, joint venture entities, and successors, a non-exclusive, royalty-free, unlimited, irrevocable, sub-licensable right, perpetual, worldwide, transferable right and license to copy, reproduce, modify, transmit, create any derivative works from, and incorporate Your Content into other works or services. With Your Content we may sub-license, adapt, sell, record, play, use, distribute, publish, transmit or store, in part or whole or by any means, the content for any purpose without your permission, subject to our obligations under our Privacy Policy. You warrant that you have the right to grant us such rights.

We grant you a non-exclusive, limited, revocable, non-transferable, non-sublicensable right to access or use our Service as intended by us and permitted by this Agreement provided you warrant that:

a.    you shall not copy, reproduce, republish, modify, adapt, transmit, translate, create any derivative works from, sub-license, adapt, sell, rent, record, play, reverse engineer, decipher, decompile, disassemble, extract, use for commercial purposes, distribute, publish or store, in any form, in part or whole or by any means, the Content, our Service, or transmissions between our users, other than Your Content, without written permission from us;

b.    your Content does not and will not infringe any intellectual property rights, patent, trademark, copyright of any third party including the rights of any person in relation to their personal information;

c.     you shall not use robots, spiders or similar process whether automated or manual to extract, index, retrieve, mine, scrap, gather, compile any Content from our Service or in any way reproduce our Service;

d.    you shall not use any automated method or robots or similar to create an Account or to access our Service;

e.    you shall not use meta tags, code or other devices containing any reference to us or our Service so as to direct any person to any other site or app for any purpose; or

f.     you shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through our Service; or

g.    you shall not use or publish any of our application programming interfaces including but not limited to the interfaces used by the Pair application to access our Service without our explicit written consent.

If you notice any third party infringement, unauthorised use of the Company’s intellectual property, or breach of any terms within the Agreement, you must notify us at support@pair.app

Unauthorised use may be investigated and we may terminate your account and take further legal action.

7.    Rating, Feedback and Reporting

You acknowledge and agree that any rating, review, feedback, reporting or any information (‘Submission’) that you submit regarding Other Users through our Feedback System are non-confidential and non-proprietary. You acknowledge and agree to follow the guidelines below when you put in a Submission:

a.    You shall provide an accurate and truthful account of your experience regarding Other Users;

b.    Your rating and information provided must be based on your first hand experience(s) with Other Users; and not based on rumours or the experience of others;

c.    When providing your Submission on the Safety of Other Users, you shall provide it with careful consideration;

d.    Do not rate and provide information on any aspects of the Other User that you have not experienced. E.g. If you have not met the Other User, you may only rate the behavior of Other User. Do not rate and provide information on the Other User’s Profile Accuracy and/or Safety if you have not met the Other User;

e.    Your rating and feedback must be provided on a voluntary basis and must not be influenced by any reward or incentive.

Pair gathers Submissions by Other Users to tally scores on Safety, Accuracy and Behaviour of users.

The Safety Score is published for a user based on the percentage of users that felt safe when meeting Other Users. The Accuracy Score is published for a user based on the percentage of users that are of the opinion that the user’s profile and photos are accurate.

Submissions on Safety, Accuracy and Behaviour are subjective. Pair does not create Submissions or edit the content within user Submissions. You agree that Pair will not be held responsible or liable for publishing ratings on Safety, Accuracy and Behaviour.

You expressly acknowledge and agree that you use the Safety, Accuracy and Behaviour score of Other Users at your own risk. When interpreting the scores of Other Users, you acknowledge that the prior experiences of other users may not reflect what you may experience. When meeting Other Users in person, you must abide by our Safety Guidelines. 

8.    Prohibited Content and Activities

You are personally responsible for your use of the Service and you must conduct yourself in a lawful and respectful manner. You agree not to submit, post, deliver, upload, or transmit to our Service or to Other Users either directly or indirectly, by any means, any Content that violates rights of Pair, any Other User, third-party rights, any applicable law; or any Content prohibited under these Terms of Use (‘Prohibited Content’). We may temporarily or permanently ban users who violate these terms.

Prohibited Content includes but is not limited to any Content that is uploaded and distributed through Pair that:

a.    is illegal or unlawful that violates rights of others or in contrary to any law;

b.    is defamatory, libelous, slanderous, obscene, pornographic, indecent, offensive, profane, abusive, threatening, predatory, stalking, harassing, intimidating or otherwise deemed inappropriate as determined by us in our sole discretion;

c.    is false or misleading; or is likely to mislead or deceive;

d.    promotes racism, sexism, bigotry, violence, hatred of any individual or kind of groups;

e.    requests money, or otherwise including but not limited to any form of payment in kind;

f.    is spam or is used to advertise, solicit money, passwords, or personal information for commercial, personal or unlawful purposes;

g.    contains viruses, script, codes, files or programs designed to hack, interrupt, disrupt, overburden, affect, limit or destroy the functionality and/or performance our Service, the servers or networks connected to the Service;

h.    contains personal information of Other Users without his or her consent;

i.    promotes any commercial activities, including but not limited to promoting contests, schemes, surveys without written consent from the Company;

j.    infringes the rights of Other Users, employees of Pair, or any third party;

k.    you do not have a right to make available under any law, fiduciary relationships or contractual obligation;

l.    impersonates or misrepresents any person or entity other than yourself;

m.    involves collecting personal information of Other Users made available on our Service;

n.    is used to undermine Pair’s Reporting and Feedback System.

9.    In App Purchases

Pair Us offers a paid subscription version of the Service (‘Subscription Service’) that gives subscribers access to a range of additional features not available to our normal Service after an initial trial is completed. Our Subscription Service is offered through the App Store (‘In-App Subscription Platform’) using your your In-App Purchase Account (‘IAP Account’). We do not receive, store, or process credit card information.

Your IAP Account will be charged according to terms disclosed to you at the point of purchase and the In-App Subscription Platform terms. We do not have control over the terms of your In-App Subscription Platform. Refer to Apple Media Services Terms and Conditions

You agree that any fees paid for accessing and using our Subscription Service is final and non-refundable.

Your subscription to our Subscription Service will automatically renew for the period you have opted-in without further authorisation from you. Your IAP Account will continue to be charged unless you cancel your subscription in accordance to the In-App Subscription Platform terms, and not with us. You will need to cancel your Subscription Service through your IAP Account of your platform.

We reserve the right to modify or charge a new fee for accessing any feature of our Subscription Service.

Any disputes you may have with any Other Users or any third parties including but not limited to your In-App Subscription Platform must be resolved between you and that party. We will not be involved in any such dispute and we expressly disclaim all liability associated with it.

10.    Personal Use

You agree to use our Service for non-commercial personal use only. You shall not allow anyone to access your Account for any purpose. Commercial or non-commercial entities are prohibited from access, using or registering as members.

11.    Disclaimer, Limitations of Liability & Indemnity

To the fullest extent permitted by law, in no event or circumstance (including but not limited to act or omission) will Pair, Pair’s subsidiaries, affiliates, Directors, Officers, Employees, Sub-Contractors Partners, Service Providers and Agents be liable for any direct, indirect, special, punitive, incidental, consequential losses or damages, loss of income, profits, goodwill, contracts, data, use of money, personal injury or death, emotional distress, whatsoever, or loss or damages which resulting from, alleged to be resulted from, or are in any way connected with:

a.    Your access, display, use, use with delay, inability to access or use our Service;

b.    Content uploaded by Pair, Other Users, or any third parties;

c.    Match making recommendations through any part of the Service

d.    Your reliance upon Content, scores, ratings, statistics relating to Safety, Profile Accuracy, Activity, Communications, Behavior and Standing of Other Users;

e.    Conduct of Other Users;

f.    Any information, opinion, advice, communications, feedback, or statements transmitted through our Service; and

g.    Your use, interactions, identity theft, or/and misuse of your identity.

We expressly disclaim any warranty, fitness for a particular purpose, non-infringement, representation or condition of any kind, whether express or implied, statutory or otherwise in relation to:

1.    The correctness, accuracy, reliability, completeness, fraud-free, error-free of our Services including but not limited to scores, ratings, statistics, recommendations, software, and algorithms;

2.    Our Content, or any material downloaded or otherwise made available through the use of our Service are virus-free, data corruption-free, bug-free or are free from other harmful code or components or otherwise;

3.    Safety. We have no obligation to verify, nor do we verify the identity, nor conduct any criminal background checks, nor conduct screenings based on public records on Other Users or enquire into the background of Other Users. We have no obligation to monitor, review, or investigate the use of our Service, Submissions or any Content transmitted on our Service, but we reserve the right and discretion to do so without notice at any time and for any reason;

4.    Conduct of Other Users. You are solely responsible and agree to take the full risk and liability if you decide to interact with Other Users; and

5.    The security of our Service and its ability to be always functioning without disruptions or delays, always connected, free of error, and its ability to meet your expectations or requirements including its likelihood to achieve any outcomes, or that any defects or errors in the Service will be rectified.

To the extent that our liability cannot be excluded by law, our maximum liability is limited, to the lesser of: (1) the total amount paid by you for any Subscription Service; or (2) $100.

12.    Third Party Content, Advertising & Links

Our Service may contain third party content, advertisements and links to third party’s websites, mobile site or applications. We do not endorse, nor make recommendations and are not responsible or liable, whether directly or indirectly for any loss or damage caused or alleged to be caused by or in connection with the use of, reliance upon, any information, content, statements, advertising, offers, representations, promotions, goods, services of any third party found in or through our Service, or found on any third party websites or applications referred from our Service.

13.    Indemnity

You agree to indemnify and holds harmless Pair, Pair’s subsidiaries, affiliates, Directors, Officers, Employees, sub-contractors, Partners and Agents (‘Indemnified Parties’) from and against any loss (including legal costs and expenses), claims, proceedings, demand, losses, damages, recoveries, fines, penalties or liability reasonably incurred or suffered including attorney’s fees due to:

a.    your breach of or failure to comply with this Agreement including any breach of your representations and warranties,

b.    any postings or Content you uploaded to the Service;

c.    the violation of any law by you or any wilful, unlawful or negligent act or omission by you;

d.    your violation of any rights of a third party; or

e.    your use of our Services.

14.    Severability

In the event that any part or clause of the Agreement is illegal, unenforceable or invalid, that part or any clauses will be severed from the Agreement. It will not affect the continued operation of the remaining provisions of the Agreement. The failure of the Company at any time to exercise or enforce any provision in the Agreement shall not constitute a waiver of its right at any later time to enforce such right or provision. 

15.    Modifications

We reserve the right to amend, modify, discontinue, suspend, temporarily or permanently, the whole or part of the Service without notice. We disclaim all liability to you or to any third party for such modification.

16.    Governing Law and Jurisdiction

The Agreement shall be governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia and courts entitled to hear appeals from those courts.

17.    Survival

All provisions of the Agreement that by their nature should survive will continue to survive, including but not limited to Clause 1, 4, 6, 7, 9, 11 through to 16 shall survive indefinitely upon termination, discontinuation or cancellation of our Service; or termination of the Agreement.

Contact Us

Pair Support Team

Email us: support@pair.app