Terms of Use
About My Age Pty Ltd (ABN 97 127 444 839), welcomes you to 'aboutmyage' ('Site').
Please read these Terms and Conditions carefully ('Terms'). In these Terms, About My Age Pty Ltd will be referred to as 'We' or 'Us' or 'Our' as required. We consider you a Member of the Site when you complete your membership details. We will consider you a visitor to the Site until your membership details are completed. These Terms will apply to both Members and visitors.
'Aboutmyage' is a web site where members can engage in social activities. The Site is aimed primarily for people over 50 years of age. We do not discriminate against people less than 50 years of age wishing to join aboutmyage. We believe that the majority of people who will benefit most from the Site will be those over 50.
However, we do not want visitors or members under the age of 18 years of age. By using the Site, you represent and warrant to us that you are at least 18 years of age.
By using the Site, including by registering as a Member, you warrant that you are willing to agree to these Terms and that your use will be consistent with these Terms. If you do not agree to these Terms then we would ask you to leave the Site now and not use it.
You understand and agree that if your use is not consistent with these Terms then we have the right to remove your content and disable your membership while we discuss why your use is inconsistent with these Terms. If we cannot resolve any issue with your use of the Site then we may terminate your membership.
Similarly if you become aware of any other Member's use of the Site that may be inappropriate or inconsistent with these Terms then please email us at reportabuse@aboutmyage.com
We will revise these Terms from time to time. You should visit this page periodically to review the Terms. If you have any queries in relation to these Terms please contact legals@aboutmyage.com
Any information you post on the Site is stored on our servers in Australia.
We are committed to maintaining and safeguarding your Personal Information online. In Australia, 'Personal Information' is defined to mean any information or any opinion (including information or any opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can be reasonably ascertained, from the information or opinion.
For full terms, please see our Privacy Policy[EEB1]. Our privacy policy is a part of these Terms.
1. Registration, Password, Identity & Services
(a) Registration. You must complete the registration details accurately. By registering as a Member, you represent and warrant that the information you provide is complete and accurate. You must not use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Member. We may accept or reject your membership application for any reason. If we ascertain that the information you have provided is inaccurate or misleading then we may terminate your Membership.
(b) Your Identity on the Site. After you have registered as a Member, you will create your own identity (your 'Identity'), which will be your identity for interacting with other members through the Site. You may include your Personal Information as part of your Identity. However, your Identity need not be your real name.
If you do use your real name we do not recommend that you do include your address in your profile on the Site as there are security issues involved in doing so. Please ensure that you are comfortable making such information available to other Site users. For example, we cannot prevent a Member or visitor to the Site contacting you outside the Site.
(c) Passwords, and Password Access. You must keep your password confidential. It must not be shared with anyone else. If you do share your password with anyone else then it is possible that your Personal Information may be misused. We cannot accept any responsibility for any loss or damage that you might suffer if you do provide your password to anyone else. If you learn of or suspect: (i) any loss or theft of your Identity, registration information or password, or (ii) any unauthorized use of your Identity, registration information or password or of the Site then you must immediately notify us.
(d) Security Breaches and Revision. If any unauthorized person obtains access to the Site as a result by using your Identity, registration information or password, you must use your best efforts to ascertain the source and manner of access and let us know as soon as possible. You agree to cooperate and assist us with any investigation.
(e) Services we provide. You will have your own page with its own URL where you can upload photos, add other members to your address book, join or create a group or forum with specific interests. You will have access to a Q&A area where you can post a question or answer another member's question. You will have access to the Site specific messaging system.
(f) Your business. You may be permitted to enter details of your business and network with other business owners. All information you provide about your business must be accurate and not misleading or deceptive. However, any transactions or business dealings you have with another Member are at your own risk and subject to the terms below relating to linking.
(g) Operation of Site. We cannot be responsible for any delays or interruptions to the Site - there are many and varied circumstances that may prevent or delay availability of the Site. We will use commercially reasonable efforts to minimize delays and interruptions. However, we cannot represent that the Site will be available at all times or at any time.
(h) Discontinuance. We may discontinue the Site in whole or in part. We will endeavor to give you notice that this will occur. However, we cannot be responsible for any loss, cost, damage or liability that may result.
2. Prohibited Use
(a) Prohibited Uses Generally. You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that:
- is violent, offensive, racist, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity;
- is sexually-explicit, contains nudity, links to an inappropriate website;
- promotes harassment or degrading behavior;
- promotes illegal activity;
- solicits personal information or passwords for this Site or any other;
- promotes false or misleading conduct;
- contains images or other hidden pages whether accessed by a further password or from another web site;
- constitutes chain letters or pyramid schemes;
- is copyrighted, unless you are the copyright owner;
- reveals trade secrets, unless you own them;
- infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- mines data from the Site;
- contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that may adversely affect the Site or the server.
(b) You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any Member or network, including, without limitation, by way of submitting a virus to, or overloading, 'flooding', 'mail bombing' or 'crashing', the Site; or (iv) spamming or sending unsolicited e-mail, including promotions and/or advertising of products or services to Members. Any attempt to do so may result in us taking action against you. Further, spamming may result in you facing prosecution by the relevant authorities. If you are concerned that there have been violations of this prohibition, we will investigate those concerns. We reserve the right to involve, and cooperate with, authorities in prosecuting Members who are involved in such violations.
(c) Disclosure if required. You are required to comply with all applicable law in connection with your use of the Site. We will take commercially reasonable efforts not to disclose any information you communicate with, or post to, the Site. However, we reserve the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
3. Ownership of Material posted by Us
Site Generally. We will own or be the licensee of all right, title and interest in and to all copyright, trade mark, service mark, patent, trade secret or other intellectual property and proprietary rights in the Site itself and any information or other material ('Content') that we post. You agree not to remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Site. You agree not to use our name, trade marks, trade names, or trade dress, without our prior written consent. You must also not use the name of any of our advertisers or sponsor's copyright, trade mark, service mark, patent, trade secret or other intellectual property and proprietary rights.
4. Your Content
(a) What you post. You are responsible for all Content that you post to the Site. We suggest that where you are posting photos with other people in the photo that you may want to ask them if they mind having the photo posted as some people are sensitive about having their photos on web sites. By posting your Content to the Site you are granting us a royalty free, worldwide, license to use your Content and modify it for the sole purpose of maintaining you with our services set out above.
(b) When using the Site you must be mindful of the 'Prohibited Use' set out above and ensure that your Content is appropriate. When posting your Content, you represent and warrant that you are the owner of or have permission to post your Content and that your Content does not infringe any third parties intellectual property rights or on the privacy rights of others.
(c) Legally Responsible. Further you agree that you are legally responsible for your Content and the consequences of such communications or postings. We reserve the right to review your Content at any time, to remove your Content, and to terminate your ability to communicate with, or post to, the Site at any time without notice to you if you do not comply with these Terms. Please see the Termination provisions below.
(d) Copyright Complaints. If you believe that someone else is infringing your intellectual property rights (i.e. copyright, trade mark, service mark, patent, trade secret or other intellectual property and proprietary rights), then please contact us at reportabuse@aboutmyage.com. We will investigate the complaint and if it is valid then we will remove or prohibit access to that content and will contact that third party to advise them why we have removed or prohibited access to their content and allow you both the opportunity to resolve your dispute.
If we receive notice that your content may be infringing someone else's intellectual property rights, we will immediately remove or prohibit access to that content until the matter is resolved between you and that third party.
5. Disputes with Us and other Members
If you have a dispute with us then we may ask you to participate with a third party to mediate and resolve the dispute between us. Please read carefully our limitation of liability clause below.
If you have a dispute with another Member then we encourage you to try and resolve the matter. You are responsible for your interaction and relations with other Members. We will monitor a dispute if you or another Member asks us to do so. Otherwise, we do not generally monitor disputes but may do so.
6. Disclaimers.
We make commercially reasonable efforts to determine the identity of Members. However, we cannot confirm that the Member is, or any other user is, who they claim to. Similarly we do not know if the Member or user has the qualifications or attributes that the person claims to have. We cannot be responsible for incorrect or inaccurate material posted by Members or third parties.
The Site may contain links to third party sites or other services (the 'Linked Content'). The Site is also provided on 'as is' basis. To the extent permitted by law, we cannot and do not make any representation or warranty of any kind whatsoever to you or any other person relating in any way to the Site, including any part thereof, or any Site or other content or service that may be accessible directly or indirectly through the Site, including any user identity or Linked Content.
Without limiting the generality of the foregoing, the company disclaims to the maximum extent permitted by law any and all (i) warranties of merchantability or fitness for a particular purpose, (ii) warranties against infringement of any third party intellectual property or proprietary rights, (iii) warranties relating to delays, interruptions, errors, or omissions in the Site, or any part thereof, (iv) warranties relating to the transmission or delivery of the Site, and (v) warranties otherwise relating to performance, nonperformance, or other acts or omissions by the company or any third party.
Further, and without limiting the generality of any of the foregoing, there is no warranty that the Site will meet your needs or requirements or the needs or requirements of any other person. We only give the warranties set out in this Agreement. We expressly exclude from this Agreement all other warranties, conditions and terms implied by statute, general law, international convention or custom, except for any implied condition or warranty, the exclusion of which would contravene any statute or cause this clause to be void ('Non-excludable Condition').
To the extent permitted by law, our liability to you for breach of any Non-excludable Condition (other than one implied by section 69 of the Trade Practices Act 1974 (Cth)) is limited at our option to any one of:
- in the case of goods, the repair or replacement of the goods, the supply of equivalent goods or the payment of the cost of repairing or replacing the goods; and
- in the case of services, the re-supply of the services or the payment of the cost of re-supplying the services.
7. Limitations of Liability
To the full extent permitted by law, our liability under or in any way connected with this Agreement (whether in contract, negligence or for any other common law or statutory cause of action) is limited to A$1000.00. To the extent that you contributed to that liability arising, your loss will be reduced in proportion to the extent of your contribution to that loss.
To the full extent permitted by law, we or any third party be liable to you or any other person for any indirect, consequential, incidental, special, exemplary, punitive, or indirect damages, (including lost profits, loss of business or data, business interruption, trading losses, and damages that result from inaccuracy of the information or inconvenience, delay, or loss of the use of the service) arising under or in any way related to the Site.
8. Indemnification.
You agree to defend, indemnify and hold us from all liabilities to, claims of any third party due to or arising out of your violation of any of these Terms or your use of the Site, and any expenses, including, without limitation, reasonable lawyers' fees that were incurred.
9. Linking with other Members and to Third Party Services.
The Site may contain:
- links you create to other websites or Members;
- links to third party sites; and/or third party services (the 'Linked Content').
The Linked Content is not under our control. We do not monitor the Linked Content and we cannot be responsible for it. We do not endorse Linked Content and provide it to you only as a convenience. If you decide to access any Linked Content, you do so at your own risk. Where you create the link to other websites or Members, you agree to comply with these Terms and link only to appropriate websites and services.
10. Termination by Us or by you.
We reserve the right, in our discretion, to terminate your:
- access to all or a portion of the Site; or
- your membership
at any time, with or without notice.
You are able to contact us at any time at membership@aboutmyage.com
and request that your Membership be cancelled and your Content removed from the Site. Please note however that some of your Content may have been saved (or 'cached') by other Members on their PC. We are not able to remove that cached content from third party owned computers as we do not have access to it. Similarly, we are unable to remove any Content that you have posted to, for example, a public chat room or forum. When you terminate your Membership the license you granted to us to use and modify your Content is also terminated.
11. No Professional Advice.
Any information supplied by another Member, advertiser, contractor or one of our employees is intended solely as general guidance on the use of the Site, and does not constitute employment, legal, tax, accounting or other professional advice regardless as to how that information is communicated.
We encourage you to obtain appropriate advice from qualified professionals in your state about entering into any advice you receive from any Members or visitors to the Site or if you experience difficulties with purchasing any product or service from one of our advertisers or other members.
12. General.
These Terms set out the entire agreement between you and us regarding your use of the Site. These Terms supersede any prior oral or written agreements and understandings. These Terms may only be varied by us in writing.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then that provision will be considered inoperative. All remaining provisions shall continue to be operative.
We may assign or otherwise transfer any of our rights or the performance of any of its duties. The waiver by us of a breach or a violation of any provision of these Terms will not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms.
No rule of construction shall be applied against us because we wrote these Terms.
These Terms shall be governed by the laws of Victoria, Australia. You agree to submit to the jurisdiction of the courts of Victoria, Australia.
