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TERMS AND CONDITIONS FOR USE AND PRIVACY POLICY

OF PASSIONet WEBSITE

 

Before you proceed, be advised that you must be 18 years or over to register and use the PASSIONet website. PASSIONet operates as a service for adults only. To become a Member you must be at least 18 years old. Please do not attempt to register if you are under 18 years old.

 

Privacy Policy

We recognise that your privacy is very important and that you have a right to control your personal information. We know that providing personal information is an act of trust on your part and PASSIONet takes that very seriously

 

The security of your personal information is of utmost important to PASSIONet. When you enter sensitive information (such as credit card details) on our site, we encrypt that information using a secure socket layer technology (SSL).

SSL is the leading security protocol on the Internet; it ensures that information being transferred over the network is private through a process called encryption. Once encrypted the information is an unintelligible code until it is decoded upon arrival at the authorised PASSIONet destination.

 

Terms and conditions

The terms and conditions shall operate and be binding up the parties from the date of its acceptance. Members accept these terms and conditions by placing a tick alongside the "I have read and accept the terms and conditions of PASSIONet" and pressing the "continue" icon.

 

General Agreement

 

1.1             The Member agrees to be bound by all PASSIONet's terms and conditions as displayed on PASSIONet's Internet website at http://www.passionet.com.au/. PASSIONet has the right to amend the terms and conditions at any time by posting the amended terms on its site at http://www.passionet.com.au/. You (and all other Members) will be bound by the amended terms from the date they are displayed and these terms and conditions may not be otherwise amended;

 

1.2             As an adult you are solely responsible for any information contained in your profile and all of your communications with other PASSIONetMembers ("the Members");

 

1.3             These terms and conditions will be governed and interpreted in accordance with the laws, including conflict of laws, applicable in the State of New South Wales, Australia. All users of the site irrevocably permit to the non exclusive jurisdiction of the Courts of New South Wales, Australia;

 

1.4             The provisions of this Agreement are severable and if any of the provisions of these terms and conditions is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be in force;

 

1.5             These terms and conditions may not be construed adversely to PASSIONet solely because PASSIONet prepared them;

 

1.6             The failure by PASSIONet to act with respect to a breach by you of these terms and conditions does not waive our right to act with respect to subsequent or similar breaches;

 

1.7             You will not include identifying information such as your real name, phone number, e-mail address, residential address or any contact information in your profile ("Your Information");

 

1.8             You are solely responsible for the information provided by you for Your Information and PASSIONet acts only as a passive conduit for your online distribution and publication of Your Information. However, PASSIONet may take any action with respect to Your Information that it deems necessary or appropriate in its sole discretion. For example, if PASSIONetbelieves Your Information may create any liability involving PASSIONet, or if it may cause us to lose (in whole or in part) access to the services of our ISPs or other suppliers, PASSIONet may alter or remove all or part of Your Information.

 

1.9             You must ensure that Your Information is:

 

(a)              Not defamatory, libellous, unlawfully threatening or unlawfully harassing; or

(b)              Not obscene and does not contain child pornography.

 

1.10        You will not harass others by continuing to attempt to communicate with someone who has clearly asked you to cease communication. You are responsible for ensuring that your behaviour with other Members is lawful and complies with all applicable laws. To the extent that you do not (or another Member does not) comply with all applicable laws in any clause of these terms and conditions, you release and discharge PASSIONet from all rights, claims, actions, suits, proceedings and claims which, but for this clause you may have had against PASSIONet.

 

1.11        PASSIONet discloses to you that there are risks in dealing with Internet users based in other countries, underage persons or people acting under false pretence or with some other criminal purpose.

 

1.12        User authentication on the Internet is difficult. Accordingly, PASSIONet cannot and does not confirm that each Member or user is who he or she claims to be. Therefore you must be careful in dealing with other Members or users.

 

Liability

 

2.1 PASSIONet does not, nor can it particularly, monitor or control the use made of its site by Members. Accordingly, you agree to accept sole responsibility for the legality of your actions under all applicable laws. Each other Member is also bound by the terms and conditions and agrees to accept sole responsibility for the legality of his or her actions under their applicable laws. PASSIONet accepts no responsibility for the legality of the actions of any of its Members;

 

2.2            PASSIONet assumes no responsibility or liability arising either from the information content or of any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information. You are prohibited from posting or transmitting any unlawful, threatening, libellous, offensive, obscene, scandalous, inflammatory, pornographic or other material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law;

 

2.3            PASSIONet is not responsible for any information or material posted on or transmitted by this service;

 

2.4            PASSIONet is not liable for any indirect loss or damage, loss of profits, loss of business or anticipated savings, loss, corruption or destruction of data or for any other type of indirect or consequential loss or damages whatsoever, as a result of using PASSIONet's website;

 

2.5            PASSIONet shall not be liable for the consequences of any occurrence of any event beyond its reasonable control and such event shall not amount to a breach of these terms and conditions;

 

2.6            PASSIONet makes no warranties or representations as to the accuracy of information in or linked to the PASSIONet website and assumes no liability or responsibility for errors or omissions in content;

 

2.7            Under no circumstances is PASSIONet liable to a Member for any incidental, consequential or indirect damages arising out of the use of the PASSIONet service. In addition, it disclaims all liability to the full extent permitted by law, regardless of the form of action for the acts or omissions for other Members or users. Nevertheless nothing in these terms and conditions is intended to limit or exclude any liability on the part of PASSIONet where and to the extent that applicable law prohibits such extension or limitation. If you do not notify PASSIONet within twelve (12) months of the relevant person to contact in respect of which the rights, actions, suits, proceedings or claims have arisen, then, to the extent permitted by law, you release and discharge PASSIONet from all rights, actions, suits, proceedings and claims but for this clause, you may have had against PASSIONet;

 

2.8            Because PASSIONet does not and cannot be involved in Member to Member communications and activities, in the event you have a conflict with a Member, to the extent permitted by law, you hereby release PASSIONet (and our agents and employees) from any claims, demands and damages (actual and consequential) of each Member, known and unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way connected with any such conflict.

 

3. Misuse of Service

 

3.1            If you fail to comply with any of these terms and conditions, PASSIONet may terminate Your Information immediately. On termination, the Member's rights to use PASSIONet's website ceases immediately and PASSIONetwill not be liable for any loss or damage suffered by the Member.

 

3.2            In the case of Your Information, PASSIONet may hide the profile if it is judged offensive until the offensive portion is amended. Without limiting any other remedies, PASSIONet may remove all or part of a profile, posted to its site:-

 

(i)                 If PASSIONet receives a direction, demand or request to do so from any government department or agency; or

 

(ii)               At any other time, with or without cause, in PASSIONet's absolute discretion. PASSIONet will have no liability to you if it removes all or part of Your Information for any reason and you waive all rights you may have had against PASSIONet in respect of such conduct.

 

3.3            PASSIONet reserves the right to suspend or terminate, with or without notice, any Members account which in PASSIONet's opinion, directly or indirectly are involved in activities which are detrimental to PASSIONet's website or jeopardises the use of PASSIONet's website or its performance for other Members or how the wider community will perceive PASSIONet. This includes, but is not limited to "spamming" email or forwarding "spammed" email to other Internet users' email addresses, Members listed or cause the listing of PASSIONet or its Members on any real‑time Black List, email bombing and the use of bulk email programs to unsolicited recipients, commercial advertising, information or announcements, charity requests, petition for signatures, chain letters and political or religious messages, attempted unauthorised access to other Internet servers and systems, misrepresentation, abuse or offensive behaviour in news groups, PASSIONet and other on‑line facilities.

 

3.4            The Member must not use the PASSIONet website in a way opposed to, or transmit to or via the PASSIONet website any material which interferes with other users, or defames, harasses, threatens, menaces, offends or restricts any person, or which inhibits any other Member from using or enjoying the PASSIONet website. The Member must not use the PASSIONet website to send unsolicited electronic mail messages to anyone. The Member must not attempt any of these acts or commit any persons to do any of these acts.

 

3.5            PASSIONet reserve the right to suspend without notice to Members, accounts involved in offensive and/or illegal activities under State and/or Federal laws. In such a case, the relevant law enforcement agency will be notified, and where possible offending material(s) passed on.

 

3.6            These terms and conditions set out the entire understanding and agreement between PASSIONet and you with respect to its subject matter.

The terms and conditions shall operate and be binding upon the parties from the date of its acceptance. Members accept these terms and conditions by placing a tick alongside the "I have read and accept the terms and conditions of PASSIONet" and pressing the "continue" icon.



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