Terms and Conditions

In these terms and conditions, "us", "we", "our" or "CitySwoon.com" means Data Pacific Pty Ltd. Please contact via the 'Contact Us' page of the website us if you have any questions.

A "Date" is a meeting of members of the site at a place specified by one of the members, the "Organiser", who is the originator of the time and place of the Date on the website.

Eligibility You must be aged 18 or over to sign up as a member and use the service. By using the website you warrant that you have the authority to enter into the contract and abide by the terms of use. Once you have completed your online registration process, your membership has been activated and you have entered into a legally binding contract for the provision of the CitySwoon.com service and you agree to be bound by the terms and conditions of service and other notices and disclaimers within the website. Changes to the terms and conditions may occur from time to time and you are responsible for regularly reviewing the terms and conditions. Your continued use of the service deems you to have agreed with any updates to the terms and conditions. If you object to the terms and conditions at any time your only remedy is to terminate your membership agreement or discontinue usage.

Purchase and Use of Tokens One Token is required to post a Date without a question or to accept someone to a Date with a question. And one token is required to accept a Date on the system. After the Date occurs, it is free to send messages and reply to messages on the system to people you have met using the system. See our price list for how much packets of Tokens cost. All Tokens have an expiry date. See our price list for the expiry date on each packet of Tokens. This price list is part of this agreement and we reserve the right, at any time, to change any fees or charges for using the service. Our refund policy applies to tokens - see below. Token prices are subject to change for time to time during promotional offers.

Registration You must provide us with accurate and up to date personal information as requested. Updates to your details can be made on your profile page. It must conform to reality. All personal information will be treated in accordance with our privacy policy, which forms part of these terms and conditions. To become a member you must sign up and complete your registration form in full. You acknowledge that if your registration account data is untrue, inaccurate or not current in any respect, we may terminate this agreement and your use of the service and, in such event, you shall not be entitled to a refund of any unused Tokens. We aim to ensure that the information provided by members is accurate, however, we do not warrant that this information is accurate or true, nor are we responsible for the safety of our members.

Terms of Use of the Service You will use the website in a manner consistent with any and all applicable laws and regulations. You agree not to include in your profile any personal contact information such as telephone numbers, street addresses, last names, URL's or email addresses, other than in response to our requirements in the personal account information sections of the website. No commercial activity is allowed - you warrant that you will not pass on any advertising material, junk mail, "spam" or participate in any solicitation to any other members of the website to buy or sell any products or service. Any images, sounds, video or text that you transmit or post on CitySwoon.com or otherwise transmit to any other member of CitySwoon.com by any other means, must be complete and accurate. You are solely responsible for the information that you post, transmit and submit on the website. You warrant that the information posted by you in your profile is correct and relates to you and that no one else has access to update this information. You agree not to transmit content that is false or misleading or infringes on the rights of any third party or is sexually explicit or contains sexual references, innuendo or pertains to sexual activity or soliciting contact for the purpose of extra marital (martial, de facto or relationship) encounters or affairs or as we deem unacceptable. You will not post any photos containing nudity or of a sexually explicit nature. You will not post any photos containing third parties (without their consent). We do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on content posted or transmitted on CitySwoon.com, or otherwise transmitted to any other member of CitySwoon.com by any other means. You agree not to harass, impersonate, stalk, threaten or otherwise infringe the rights of others. By becoming a member, you agree to accept and consent to receiving email communications initiated from us. You agree that we have no responsibility or liability for the corruption, failure or deletion of information transmitted or stored by our service. You acknowledge that the features and services that we provide are subject to change and may be updated at any time without notice to you. We reserve the right, but have no obligation, to review content transmitted or posted on CitySwoon.com. We reserve the right to block or remove any such content that does not conform to the terms of use or that we deem unacceptable or inappropriate.

Termination of Service and Refunds You can terminate your membership to the CitySwoon.com website by logging in as a member and editing your membership status from the account page of your edit profile section. You will not be eligible to receive any unused Tokens. We do not normally give refunds if you simply change your mind or make a wrong decision. Refunds will be given at the discretion of management only. We may terminate your membership with or without notice at any time. Upon such termination by us without cause, we shall refund, pro rata, any unused Tokens that we have received from you. We reserve the right to terminate your membership without refund, with or without notice, if you are in breach of this agreement or our privacy policy and reserve the right to block you from future use of the website.

Other Websites and Advertising From time to time, CitySwoon.com may feature or display hyperlinks to websites operated by third parties for provision of goods and services such as holidays and events. Such websites do not form part of CitySwoon.com and are not under our control. We do not accept any responsibility for the contents of any such hyperlinks or linked websites. If you link to any third party websites you leave CitySwoon.com entirely at your own risk. From time to time, CitySwoon.com may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

Personal Safety We encourage you to take precautions with your use of the website and your offline conduct. Be careful about how and to whom you divulge personal information. Note: When you meet, you meet anonymously - only your first name is known to the other parties. We recommend keeing it that way as you can communicate online after the date via CitySwoon messaging and you can do so anonymously. Read and follow our "Rules" to minimise any perceived or real personal risks. Use our blocking function to prevent unwanted contact from other members once you are communicating online after meeting up. Report complaints via the contact us page. We may keep complaints against you on file and prevent your future use of the service. You agree that we have no responsibility or liability in any disputes or claims you may have with other members and that you will defend, indemnify, and hold us and our officers, directors, employees, agents and third parties harmless in any such dispute. Furthermore, this indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. You are solely responsible for your interactions with other CitySwoon.com members, either offline or online. CitySwoon.com reserves the right, but has no obligation, to monitor disputes between you and other members online.

Our Rules 1/ Dates must only be set in a restaurant, cafe or a bar and you agree that you will only meet in restaurants, cafes and bars. 2/ You meet anonymously. Only first names are given. Never ask for or give personally identifying details away on a date, including your full name, home address and place of work. All Daters are supplied with the Usernames of the people they previously met, the next day, online. So you can maintain anonymity or exchange details online via our free messaging system as you wish. We will never disclose your personal contact details to other members - please see our privacy policy. 3/ If you post a Date that is accepted, you, the Organiser, are personally responsible for any reservations and bookings you make as part of your date. If your date is not taken up, make sure you can cancel the booking without incurring any fees. 4/ You agree that if you do not attend a date, you may forfeit Tokens and may be banned from the site.

Proprietary rights and responsibilities You will not copy, modify, publish, transmit, distribute, perform, display, license, create derivative works from, or sell or re-sell any such intellectual property or proprietary information unless it is in the public domain or for which you have been given written permission. By posting content to any public area of CitySwoon.com, you automatically grant full proprietary rights to CitySwoon.com over that content. CitySwoon.com owns and retains all proprietary rights in the website and service You will not remove any copyright, trademark or other proprietary rights notices contained in the service.

CitySwoon.com is owned and operated by Data Pacific P/L. Registered number (ABN) 69001559735.