Terms and Conditions

Please read the following Terms and Conditions carefully before joining heart2heart.com or using this Site in any way. These Terms and Conditions apply equally, in so far as they may be relevant, to all users of the Site.

General Conditions

• You warrant that you are over 18 years of age and acknowledge that you are not entitled to be a member if you are not.
• The domain names "heart2heart.com" "heart2heart.com.au" "heart2heart.biz" "heart2heartsearch.com" "adultheart2heart.com" are provided by HEART 2 HEART LIMITED ("the Company").
• The Website Heart2Heart.com ("The Site") is an online meeting place and relationship site for adults.
• You acknowledge that there are no representations or inducements have been made by the Company (or any employee or agent of the Company) which have induced you to enter into the Agreement, and these Terms shall constitute the entire understanding between you and the Company for the supply of services under the Agreement.
• By registering with Heart 2 Heart you become a member of the service ("the Service") and agree to be bound by these Terms. As a member, these Terms represent the agreement between you and the Company ("the Agreement"). If you do not agree to the Terms, you should not and will not be able to register with Heart 2 Heart.
• The Agreement and your Heart 2 Heart membership is for your sole, personal use only and not for transfer or sale to any other person or entity.
• The Company shall at any time be entitled to vary these Terms by updating them on the Site. You will be considered to have accepted the change if you continue to be a member.
• The Terms also apply to anyone who visiting or simply browsing the Site, even if they do not become a member.
• Your continued use of the Service constitutes your acceptance of the Terms.
• You agree that this Agreement shall be governed by and construed in accordance with the Laws of the State of Queensland and you irrevocable and unconditionally submit to the non-exclusive jurisdiction of the Courts of Queensland with respect to any litigation or other proceedings arising out of or connection with this Agreement or the use of the Service and/or the Site.
• The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect or impact the continuation in force of the remainder of this Agreement.

Behavior

The Company expects its members to treat each other with respect and courtesy.
As a member you agree :

• to be solely and entirely responsible for any information or content you post on the Site.
• to be responsible for any information or content you transmit, exchange with or communicate to other members.
• not to advertise or promote your own, your company's or any other company's products or services through the Service, including other services offering meeting and relationships.
• not to post on the Site, transmit or communicate to anyone, any obscene, racist, intimidatory, defamatory, harassing, profane, illegal or offensive sexually-oriented material, any material containing offensive sexual references, or offensive sexually suggestive language, or any material that violates or infringes another party's rights (including, but not limited to, rights of privacy and publicity, and intellectual property rights)
• not to prevent other Heart 2 Heart members from using the Service or the Site.
• not to include in your "profile" any private data such as surnames (family names), telephone numbers, ICQ Numbers, addresses (home or email) or any contact information in your profile.
• not to send or transmit any chain letters, spam or circular (junk) email to other heart 2 Heart members.
• not to post, distribute or reproduce or communicate in any way any copyrighted material, trademarks, or other proprietary information without obtaining full, valid and verifiable prior consent of the owner of such proprietary rights.
• not to damage, disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way
• The Company reserves the right at its sole discretion, to reject any personal information, text, pages or photographs contradicting these Terms.

External Sites

The Site may contain links to External Sites operated by third parties not related in any way to the Company ("External Sites"). The Company does not endorse, or approve of the operators of External Sites, or the resources, content, advertising or other materials forming part of the External Sites ("External Content").

If you decide to access linked External Sites, you do so at your own risk.

As far as may be excluded by law the Company makes no warranties or representations:

• regarding the quality, accuracy, merchantability or fitness for purpose of External Content; or
• that External Content does not infringe the intellectual property rights of any other person.

All offers to sell and statements relating to goods and services available on External Sites are the responsibility of and given by the External Site operator. You should read carefully the terms and conditions of use of all External Sites.

Although the Company may provide links to External Sites (for reasons of information or convenience to members) you agree that the Company is not liable or responsible in any way for such External Sites.

Warranties

• Whilst every effort has been made to ensure that information contained in this site is free from error, the Company does not warrant the accuracy, adequacy or completeness of any material on the Site.
• All information is subject to change without notice. The Company encourages you seek independent advice before acting upon any material on the Site.
• The Company does not guarantee that the Site or External Sites will be secure and free from viruses, or that access to the Site or External Sites will be available at all times and that when available that it will not be uninterrupted.
• You should install adequate virus protection and security software before using the site
• You agree and recognise that your use of the service is entirely at your own risk.
• You acknowledge that the Company does not warrant that in your use of the Service or the Site that you will not experience loss of transmitted information or that will meet your requirements or expectations regarding response times will be met.

Limitation of Liability

• You acknowledge that the Company shall have no liability or responsibility for any damage or loss caused, incidentally, consequentially, directly or indirectly, by the provision of the Service or as a result of the acts or omissions of other members or users (including "hackers") of the Service.
• You acknowledge that the Company shall not be held liable for any damage or loss suffered by you as a consequence of your use of the Service.
• You acknowledge that the Company has no obligation to provide you with any potential matches and has no obligation to ensure any preferences, compatibility or actions between you and any potential matches. The Company disclaims liability for, and no warranty is made with respect to, the transmission of text messages via telephone as a result of issues including coverage, range, or any interruption in telephone service.
• Subject to any responsibilities implied by law and which cannot be excluded the Company is not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to the Service or information on the Site or External Content, whether in contract, tort including negligence, statute or otherwise.
• Liability of the Company for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at the Company's option, to:
• the supply of the goods or services again; or
• the payment of the cost of having the goods or services supplied again or repaired.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its employees, agents, directors and any third parties against all actions, claims, proceedings, costs and damages (including all legal costs or other expenses) that may arise out of any breach of these terms and conditions by you and/or any other damage or loss whatsoever caused directly or indirectly by your use of the Site or the Service.

You also agree that this extends to covering any infringement or breach by you of the terms of this Agreement,

Termination

• The Company reserves the right to terminate or suspend your membership of the Service and access to the Service with immediate effect and without prior notice or reason without penalty.
• For members wishing to terminate their Heart 2 Heart membership, the Company requires you to give seven days prior written notice of your intent at any time and for any reason.
• All restrictions, licences granted by you and all disclaimers and limitations of liability by the Company will survive termination, however, you will no longer be authorised to access the Site.

Pricing and Refund Policy

• Changes in pricing for the service may be communicated by means including posting on the Site or via email.
• You will pay all sums due to the Company under this agreement by the means specified in the billing section of the Site. Payment will be transacted without any deduction, counterclaim or any other withholding of payment.
• You will be unable to turn off your Subscription renewal 2 days prior to your paid through date.
• Payment shall be deemed to have not been made until the Company has cleared funds in respect of the full amount outstanding.
• Refunds will be given at the discretion of the Company Management. Cancellation and/or termination of this Agreement by you or us will not entitle you to refund of monies paid regardless of the circumstances or reasons therefor.

Copyright and Trademarks

Copyright in the Material on this Site is owned or licensed by the Company.

No material on this Site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of the Company.

Linking to HEART2HEART Site

Please contact the Company if you would like to place a link to any part of the Site.

Acceptance and Changes to Terms of Use

You acknowledge and accept that your use of the Site indicates your acceptance of these Terms of Use and the Privacy and Security Statement.

These are the current Terms of Use. They replace any other terms of use for the Site published on the Site to date.

The Company may at any time vary these terms and conditions by publishing the varied terms of use on the Site.