By using our Services, you agree to be legally bound by this agreement with CPG Partners Pty Ltd, including its successors, assignees and its related bodies corporate (as defined in the Corporations Act 2001), trading as TwoPeas Matchmaking (“TwoPeas”, “we” or “us”), and to comply with any and all applicable local, state, national and international laws and regulations.
By accessing, registering, using or subscribing to our Services, you warrant and represent to us that you have read, understand and agree to these terms and conditions and that:
(a) you are at least 18 years of age;
(b) you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms;
(c) you have never been convicted of a criminal offence;
(d) you are not or are not required to register as a sex offender with any government entity;
(e) you have not been previously suspended or removed from the Services or a similar service;
Use of the Services
TwoPeas takes no responsibility or liability for the conduct of its users, whether or not such conduct is in connection with the use of the Services. You acknowledge that your access and use of the Services is at your own risk. You agree that you are responsible for all activity that occurs in connection with your account, username and password.
You represent and warrant to us that your use of the Services will comply with all applicable laws and regulations in the governing jurisdiction of these Terms and in your State/Country and overseas wherever you access the Services and otherwise where applicable and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does or may violate the rights of others.
By using the Services, you agree that you will not:
(a) engage in unlawful, obscene, harassing, intimidating, threatening, predatory or stalking conduct, or conduct that may fall under one of the aforementioned categories;
(b) disclose or share your password or login information for the Services with any party;
(c) use the Services in a manner that may affect, damage, disrupt, impair, disable or prevent the performance of the Services, or interfere with or attempt to interfere with any other user’s use of the Services;
(d) copy or impersonate any other person or entity, or misrepresent any of your details including your image (for example by using only arcuate and current photos), name, age, identity, affiliation, connection or association with, any other person or entity;
(e) use the Services for commercial use without express written permission from TwoPeas;
(f) use the Services to promote or solicit involvement in or, support of a political platform, religion, cult, or sect;
(g) post a person’s personal information or images without express permission;
(h) collect or solicit another person’s personal information or images for commercial, inappropriate or unlawful purposes;
(i) solicit or engage in gambling or any similar activity or any illegal or unlawful activity;
(j) use any programs, scripts, bots or other automated technology to scrape or access the Services or hijack user accounts or log-in sessions;
(k) collect or solicit personal information about, or images of, anyone under 18 years of age;
(l) use the Service to redirect users to other websites or encourage users to visit other websites;
(m) use the Service for any phishing, trolling or similar activities;(n) defraud, scam, hack, swindle or deceive other users of the Services;
(o) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or communications or other spamming or spamming activities;
(p) attempt to access any Services or area of the website that you are not authorised to access; or
(q) allow third parties to access and use the Services via your account.
Commercial Solicitation and Advertising
You agree not to block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that we have included as part of the Services.
Although TwoPeas does not conduct criminal screenings of its users, we retain the right to do so at our sole discretion. You agree to submit to such screening and to provide to TwoPeas at your cost, immediately upon request, complete, accurate and current information confirming your identity and eligibility to use the Services, including copies of photo identification (such as drivers licence and passport), rates notices, copies of utilities bills or other identifying documentation. You understand that TwoPeas may, in its absolute discretion, investigate, take legal action, terminate or cancel your access to the Services, your account, subscription or membership at any time, including if it is found that you have, or are suspected of, violating these Terms.
TwoPeas takes reasonable steps to ensure your data is protected. However, in the event of a data breach that may affect you, we will, where practicable, notify you of the breach and provide you with a description of the circumstances surrounding the breach via your contact email.
You agree to protect the contents of the Services from unauthorised access, use or disclosure. Further, you agree not to remove, circumvent, disable, damage or otherwise interfere with any:
(a) security-related features of the Services;
(b) features that prevent or restrict use or copying of any content accessible through the Services; or
(c) features that enforce limitations on use of the Services by any party.
Except as specified in these Terms, TwoPeas owns, controls or licences all materials contained on or in our Services, including text, images, graphics, logos, designs, illustrations, audio, videos, music, user interfaces, photographs, trade marks, logos, coding or programming and artwork, including but not limited to the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of such content contained in our Services (the “Materials”).
These Materials are protected by copyright, trade mark laws, and various other intellectual property rights and unfair competition laws and must not be copied, imitated or used (in whole or in part) without prior written consent of TwoPeas.
Please note that any third party code that may be incorporated in the Services may covered by an applicable open source or third party End User Licence Agreement, if any, authorising use of such code.
Access to and use of our intellectual property is granted to you on a limited, revocable, non-sublicensable licence, subject to these Terms. You agree not to:
(a) copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher decompile or otherwise disassemble any portion of the Materials or our Services or cause others to do so;
(b) embed, frame, include or imitate any part of the Services on another website, application or other platform, without our prior written authorisation;
(c) use any kind of code, program or device containing reference to TwoPeas or the Services in order to direct any person to any other website for any purpose;
(d) resell, rent out or make any commercial use of the Services;
(e) use robots, data mining or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;
(f) attempt to mislead others as to the origin of any information through the services by copying, forging or manipulating identifiers such as headers, footers or signatures;
(g) use automated methods or processes to use or access the Services or create user accounts or
(h) use the Services other than for their intended purpose.
Any use of the Services or Materials other than as expressly authorised or consented to by TwoPeas, is strictly prohibited and will violate and terminate this licence.
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to intellectual property rights, whether by estoppel, implication or otherwise. TwoPeas reserves all rights not expressly granted herein in the Services and the Materials.
This Licence is revocable at any time and this clause survive termination of these Terms.
TwoPeas may incorporate into the Services, content from your social media profiles or allow you to upload and submit your own content to the Services including but not limited to, profile information, chat or Submissions as described below (such information, including social media profile information, is collectively known as the “Content”).
You agree to grant TwoPeas, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any Content you upload either directly to TwoPeas or Content on your social media profile, including but not limited to text, images, videos, graphics, audio and photographs without attribution. You understand that you will not be entitled to any additional compensation for use of your Content by TwoPeas, its agents and employees.
By uploading or making available Content to TwoPeas, you warrant and represent to TwoPeas that you hold all the intellectual property rights to the Content and have the authority to upload or make available the Content and licence the Content to TwoPeas, and that the Content and TwoPeas’s use of the Content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights and privacy rights and will not give rise to an obligation to make any payment to a third party. You also agree to abide by moral intellectual property rights by attributing Content to the author where applicable and not falsely attributing such Content.
You agree that any Content you upload or make available to TwoPeas (by any means whether directly on the Services or by connection to a social media profile) are uploaded in accordance with the following conditions:
(a) any Content you associate with the Services or send to other users is accurate, complete, not false and not misleading;
(b) any photos uploaded have been taken within the last 2 years and are updated accordingly;
(c) the Content does not cause harm to any other user or third party, or violate their rights including any patent, trade mark, trade secret, copyright or other intellectual property or proprietary right (such as Content that contains copyrighted material without permission) or right to privacy;
(d) the Content does not intend to, promote, link to or actually breach the security of TwoPeas or its users by containing viruses, Trojan horses, worms or other harmful or disruptive scripts, code, programs or content;
(e) the Content does not violate TwoPeas’s Terms or other policies, or any applicable law, rule or regulation;
(f) the Content does not contain any obscene, pornographic, profane, sexually oriented, threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal content including any racist, bigoted, hateful or violent content;
(g) the Content does not promote harm or intimidation of any kind against any group or individual or intend to harm or intimidate any other group or individual;
(h) the Content does not violate the privacy of any other person by containing visual or audible representations of another person without his or her express written consent or violate their data protection or privacy rights;
(i) The Content does not contain images of any individual under the age of 18 years;
(j) the Content does not contain, promote or enable illegal or unlawful activities; or
(k) the Content does not contain any advertising, fundraising or promotional content.
TwoPeas may, in its absolute discretion, delete, block or take legal or any other action against any person who, in the sole opinion of TwoPeas:
(a) breaches these Terms;
(b) posts or uploads Content that is otherwise objectionable; or
(c) restricts or inhibits any person from using or enjoying the Services; or
(d) actually or potentially, exposes TwoPeas or its users to harm or liability of any type.
TwoPeas retains the right, at any time without reason or notice, to pre-screen, review, control, monitor, reject, delete or edit Content uploaded on the Services, however TwoPeas is not obliged to do so.
You acknowledge and agree that TwoPeas does not control, take responsibility for, or assume any liability for, any Content submitted by you, or other users of the Services or any third parties, and that TwoPeas is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. You agree to release TwoPeas and its agents and officers and employees from any such claims or liability and acknowledge that the Content submitted by you or other users, as well as any other information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
You agree that TwoPeas may on occasion, run events, marketing campaigns, contests, competitions or promotions allowing for user uploads or submissions which may be governed by additional terms and conditions. These terms and conditions as well as any additional terms and conditions will apply to such events. If you participate in such events you acknowledge and agree that any submissions whether posted to the Services or provided to TwoPeas by email or otherwise, are non-confidential and shall become the sole property of TwoPeas (“Submissions”) and for this purpose you assign your Submission to TwoPeas effective from the date on which you make the submission. TwoPeas shall exclusively own all right, title and interest in the Submissions, including without limitation all intellectual property rights, in and to any and all Submissions. TwoPeas shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The obligations under this clause survive termination of these Terms.
Hyperlinks & Third Party Content
TwoPeas grants you a limited, revocable, non-exclusive right to create a hyperlink to the Services for non- commercial purposes, provided that the link does not attempt to mislead, defame or provide false information about TwoPeas and its Services, or portray TwoPeas or its Services in a derogatory, offensive, harassing, illegal or otherwise inappropriate manner. TwoPeas may revoke such licence at any time without notice or reason. As TwoPeas’s Services are only provided to people over the age of 18 years of age, the website which includes a link to the Service must not be directed at children. You may not use TwoPeas’s logo or proprietary graphics to link to any TwoPeas website without our express written permission
You acknowledge and agree that TwoPeas does not control, and is not responsible for the content, quality, nature, or reliability of any third party advertiser, company or website or hyperlink (including links to other applications) that are posted, contained in or provided by or in the Services. TwoPeas is not to be taken to, in any way, represent or support the content, beliefs or views of any third party and such associations do not imply any affiliation, endorsement or adoption by TwoPeas of any such third party website.
You acknowledge that our terms and policies do not govern the websites or applications of third parties and that third party websites or applications may be governed by their own terms and conditions. You understand and agree that you access any such third party sites and applications at your own risk.
TwoPeas offers paid services including subscriptions to our Services. TwoPeas reserves the right, in its sole discretion, to offer free trials and other promotions of its Services.
To the maximum extent permitted by law, and except as specified in these Terms, fees and charges payable to us must not be set off and are non-refundable and refunds are not provided for any partially used Paid Services (including partially used subscription periods) unless we terminate your Subscription without cause. However, TwoPeas provides remedies (such as cancellation of your Paid Service, a renewal of your Paid Service or where necessary, a refund of amounts paid) if the Services are not provided in accordance with the Australian Consumer Law.
You acknowledge and agree that while TwoPeas provides a forum which may allow you to meet potential matches, we cannot guarantee that you will find a match or that the matches we provide are suitable to you, as such results are subjective from person to person. You acknowledge that by using the Services that this may be the case and you agree that a failure to find a match to your satisfaction is not a breach of any of our duties under the Australian Consumer Law nor a failure of the Services.
Please note that all prices for Paid Services are subject to change in our sole discretion. If you have signed up to a Paid Service, we will notify you of any increase to the subsequent term no later than 10 days before the end of the then current term. If we do not notify you 10 days before the end of your then current term of any price increase, your sole remedy will be to continue your current Paid Service at the price prior to the price increase for a period of 10 days following which you may terminate your service with immediate effect (provide notice is received within the 10 days notice of the price increase) or continue the Paid Service at the increased price.
From time to time, TwoPeas may offer various payment methods, including without limitation, payment by credit card, by debit card, by mobile payment providers or by payment gateway websites such as PayPal. When you select to pay TwoPeas for a Paid Service, you authorise TwoPeas to charge you through any payment method(s) you select when making your initial purchase and you agree to continue to make payments using that payment method for the term of your Paid Service. You understand that from time to time, we may receive and use updated payment method information provided by you or related financial institutions or payment processors, such as updated expiration dates or account numbers).
Please note that certain payment methods may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we do not receive payment from you or your payment provider, you agree to directly pay to us all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorised to charge your Payment Method.
TwoPeas’s Paid Services may also be purchased through your accounts with certain third parties, such as your Apple iTunes account, your Google Play account or your Amazon account (a “Third Party Account”). If you purchase any Paid Services through a Third Party Account, billing for these Paid Services will appear through your Third Party Account. You should review the Third Party Account’s terms and conditions, which we do not control.
If any payment due to us is not paid by the due date, we reserve the right to suspend or cancel your use of the Service without notice, including the right to delete your account and any Content affiliated with the Service.
Automatic Renewal of Subscriptions
If you pay for a Paid Service by credit or debit card (or other payment method identified on our Services or a social media website as involving an automatically renewing subscription) and you do not cancel your Paid Service as set forth in the below prior to the end of the Paid Service term, your Paid Service will be automatically extended at the end of each term for successive renewal periods of the same duration as the Paid Service term originally selected (for example, unless you cancel, a one month Paid Service will automatically renew on a monthly basis and a three month Paid Service will automatically renew on a three month basis).
Unless otherwise indicated in any applicable additional terms or communications we send to your registered email address, such renewal will be at the same subscription fee as when you first subscribed, plus any applicable taxes, unless we notify you at least 10 days prior to the end of your current term that the Paid Service fee will increase.
You acknowledge and agree that your payment method will be automatically charged for such Paid Service fees, plus any applicable taxes, upon each such automatic renewal. You acknowledge that your Paid Service is subject to automatic renewals and you consent to and accept responsibility for all recurring charges to your credit or debit card (or other payment method, as applicable) based on this automatic renewal feature without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable subscription fees.
Cancellation of Paid Services
To change or cancel your Paid Service at any time, go to the “Settings” page of your account, click on “Subscription” and follow the instructions. If you purchased a Paid Service through a third party account, you will need to cancel your Paid Service through that third party and in accordance with that third party’s terms and conditions.
If you cancel your Paid Service, your Paid Service benefits will continue until the end of your then current subscription term, but your Paid Service will not be renewed after that term expires. You will not be entitled to a prorated refund of any portion of the Paid Service fees paid for the then current subscription term.
Current Information Required
You agree to ensure that any billing information provided is current, complete and accurate and that you will keep all such information updated (including any changes in billing address, credit card number or credit card expiration date).
Where your Payment Method is cancelled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method, you agree to notify TwoPeas as soon as you become aware of the issue. Failure to provide the aforementioned information may result in charges to your current Payment Method for the Paid Services, and you acknowledge that you remain responsible for these charges.
Change in Amount Authorised
From time to time, TwoPeas may adjust prices for its Services. Where this occurs and you are on a subscription for the Services, TwoPeas will provide notice of the amended prices and date of the due payment at least 10 days before the scheduled transaction date. If you do not cancel your Paid Services prior to the date on which the new price becomes effective, you agree that TwoPeas may accumulate charges incurred and claim these charges from you. If you elect to cancel your service during the 10 days any unused portion of your Service will be refunded.
Errors and Incorrect Payments
TwoPeas reserves the right to correct any errors or mistakes that may result in incorrect payment for Paid Services and may, in its absolute discretion, return or refund all or some of the amount of the payment even after a request or receipt of payment is made or may require additional payment in the event that an underpayment has been made.
Please note that these Terms apply to the use of our Services via any downloadable application. These Terms are to be read in conjunction with any End User Licence Agreement, or similar agreement associated with the application that is provided at download or installation, or as may be updated from time to time. In the event of any inconsistency, these Terms will prevail.
Use of the Services through a mobile application or similar software grants you a non-exclusive, non- transferable, non-sublicensable, limited revocable licence to use a copy of application for the purposes of accessing and using the Services in accordance with these Terms (including terms outlined in the Intellectual Property clause), for personal use only. You may not use the application for any other purpose and may only install any such application on a device that you own or control.
This licence does not allow you to redistribute the application. You must not distribute or make the application available over a network where it could be downloaded or used by multiple devices or users at the same time.
From time to time, TwoPeas may issue updated versions of its Services, and depending on your settings, may automatically update an application on your device. You consent to such automatic updates and agree that these Terms and any other relevant Terms provided upon download or installation of the application, will apply to all such updates.
Your licence to use the Service does not constitute and may not be interpreted as a sale of the application or any copy thereof or a transfer of our intellectual property rights, and TwoPeas or its third party partners or suppliers retain all right, title, and interest in the application (and any copy thereof). TwoPeas reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
These Terms do not entitle you to receive from TwoPeas, its licensors, or Apple, any hard-copy documentation, support, telephone assistance, maintenance, or enhancements or updates to the application or Service.
Reporting Abuse and Infringements
You can report any violation or suspected violation of these Terms, including a breach of intellectual property with respect to your own Content, at email@example.com. Your report should contain:
(a) your name and contact details;
(b) details of the location of the content in question; and
(c) details of the offensive or unlawful nature of the activity or the content.
TwoPeas, in its sole discretion, reserves the right to terminate or limit access to the Services, any user believed to be infringing these Terms including in relation to any intellectual property infringements, at any time without notice or reason.
Violation of these Terms
If TwoPeas files an action against you or if you violate these Terms, TwoPeas may seek injunctive relief or other equitable relief, including but not limited to damages, repayment of legal fees or other related fees as a result of your breach of these Terms.
Limitation of Liability
To the maximum extent permitted by law, TwoPeas will not be liable for any losses or damages whatsoever (including for death, injury or illness), whether in contract, tort or otherwise, arising from the use of, or reliance on, information, comments or opinions contained in the Services.
TwoPeas excludes all liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) arising from or in connection with any, use of the information on or access through the Services.
You understand that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences. This clause survives termination of these Terms.
Disclaimer of Warranty
The information provided through the Services is not intended to be relied upon in any manner and does not constitute advice. TwoPeas provides the Services on an “as is” basis and use of the Services is at your own risk. You acknowledge that TwoPeas does not have control over the Content submitted to the Service. Neither TwoPeas, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained in the Services.
To the extent permitted by law, including non-excludable statutory obligations, we will not be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained in the Service. To the extent permitted by law, TwoPeas expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose. This clause survives termination of these Terms.
Release and Indemnity
You agree to release and indemnify and hold TwoPeas and (as applicable) affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to the Services, or any access to the Services b by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party. This clause survives termination of these Terms.
TwoPeas reserves the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published. While we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on our website or mobile application, it is your responsibility to keep up to date with any changes or amendments by checking this page, which contains our most accurate and up to date version of our Terms. If you do not agree with any amendments that we make to the terms and conditions you may elect to terminate your Service and receive a refund of any unused portion of prepaid Services provided that we receive notice of your termination within 5 business days of the variation to these Terms.
Any failure or delay by TwoPeas in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent that TwoPeas from exercising that power or right or any other power or right. TwoPeas is not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.
If TwoPeas is unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond its reasonable control, TwoPeas is relieved of that obligation to the extent and for the period that it is unable to perform the obligation. You agree that TwoPeas will not be held liable for any delay or failure in performance of any part of the Services, from any cause beyond its reasonable control.
If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
TwoPeas may terminate these Terms and the Services, in its absolute discretion, at any time and without notice to you. If you have prepaid for any Services and we terminate the Service and you are not in breach or at fault, we will refund the unused portion of any prepayment.
These Terms are governed by the laws of Victoria, Australia and the Commonwealth of Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria. Although the Services may be accessed throughout Australia and overseas, TwoPeas makes no representations or warranties that its content complies with the laws (including intellectual property laws) of any country outside Australia. If you access this website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located. This clause survives termination of these Terms.