Linked Up Singles A.C.N 676 040 403 (Website Owner) owns and operates the website https://link.projectboard.com.au/ (Website) and the application Linked-up Singles Today™ (App).

The following terms of use (Terms of Use) govern your access to and use of the Website, the App and the products and services available through the Website and the App (Goods and Services).

The term “Platform” shall refer to the Website, App and the Goods and Services collectively or any subset of the same as context would render appropriate.

The “Primary Purpose” of the Platform is to allow its users to swipe, match and exchange messages with local singles.
By using the Platform, you are agreeing to all of the Terms of Use, current at the time of your use of the Website and the App.

1 Amendments to the Website Terms of Use

The Website Owner reserves the right to amend these Terms of Use from time to time at its discretion (Amendments). Amendments will be effective immediately upon posting on the Website and/or App. We will make reasonable efforts to notify you of any amendments to the Terms of Use. Your continued use of the Website and/or App following any such Amendment will represent an agreement by you to be bound by Terms of Use as amended. We suggest you check the Terms of Use regularly to ensure you are aware of the most up to date terms.

2 Website and App

Access to the Website and the App is permitted on a temporary and limited basis for the purpose of browsing the Website and the app as well as interacting with the Website Owner and other users of the Website and the App (Other Users). We reserve the right to withdraw or amend the Website, App and any Good or Services listed on the Website and or App without notice. We will not be liable if for any reason this Website and or the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Website and/or the App.

3 Linked Sites and Third Party Services

This Website and App may contain links to other websites and Apps (Linked Sites) or utilise the services of third party vendors for technology solutions used in the provision of the Goods and Services (Third Party Vendors), which are not operated by Website Owner. The Website Owner has no control over the Linked Sites or Third Party Vendors. You acknowledge and agree that the Website Owner is not liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Linked Sites or Third Party Vendors.

The Third Party Vendors each may maintain their own Terms and Conditions. By using or continuing to use the Goods and Services you consent to the Website Owner’s utilisation of these Third Party Vendors services including where necessary the sharing your personal information with such Third Party Vendors.

You warrant that where a Third Party Vendors Terms and Conditions place an obligation on you that are not in breach of and will not breach any of those obligations nor will your use or continued use of the Goods and Services place the Website Owner in breach of any obligation it may haveunder its obligations to Third Party Vendors. If at any time you are no longer able to uphold these warranties you must immediately cease using the Goods and Services.

Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such Linked Sites, if any.

4 Privacy policy

Our privacy policy, which sets out how we will use your information, can be found at https://link.projectboard.com.au/privacy-policy. By using this Website and/or App, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate. The Website owner reserves the right to amend the Privacy Policy at any time by posting updated versions to the above URL. If at any time you do not agree to any portion of the Privacy Policy, you must immediately cease using the Goods and Services.

5 Prohibitions

(a) Access to the Platform is provided to you on the basis that you must not misuse the Platform. Accordingly, you will not do any of the following:
(i) commit or encourage a criminal offence;
(ii) commit or encourage another to commit an act in any jurisdiction in the world that would be a criminal offence in the State of Queensland or the Commonwealth of Australia;
(iii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(iv) hack into any aspect of the Website or App; corrupt data; cause annoyance to other users;
(v) maliciously interrupt the purchase of Goods and Services from the Website or App;
(vi) infringe upon the rights of any other person’s proprietary rights;
(vii) send any unsolicited advertising or promotional material (spam);
(viii) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website or App;
(ix) Misrepresent your identity, age, or affiliations with a person or entity;
(x) Use the Website or App in a way that damages the Platform or prevents their use by other users;
(xi) Use the Website or App in a way to disrupt or negatively affect the Website and/or App or any network infrastructure supporting the same;
(xii) Harass, bully, stalk intimidate, assault, defame, harm or otherwise abuse or cause psychological harm;
(xiii) Post or share Prohibited Content; Use any photograph taken from the Platform in an Artificial Intelligence System to generate obscene, demeaning, offensive or pornographic imagery (Prohibition of “Deep Fake” production);
(xv) Solicit Passwords for any purpose, or personal identifying information for commercial or unlawful purposes or disseminate another person’s personal information without their permission;
(xvi) Solicit money or other items of value from another user, whether as a gift, loan or form of compensation;
(xvii) Use another user’s account;
(xviii) Use the Platform in relation to fraud, a pyramid scheme or other similar practice;
(xix) Without the express written consent of the Website Owner, use the Platform with the primary purpose, as determined at the sole discretion of the Website Owner, of driving user engagement to other third-party services including but not limited to OnlyFans, Fansly, Instagram, and Snapchat;
(xx) Use the Platform in relation to any political campaign financing or for the purpose of influencing any election other than you as an individual sharing your own personal opinion without compensation of any kind;
(xxi) Violate these Terms of Use;
(xxii) Disclose private or proprietary information that you do not have the right to disclose;
(xxiii) Copy, modify, transmit, distribute, or create any derivative works from, and Content provided to the Platform by another user or used by the Website Owner in connection to its provision of the Platform either as wholly owned Intellectual Property of the Website Owner or as Intellectual Property utilised under licence by the Website owner without first securing the written consent of the Website Owner;
(xxiv) Express or imply that any statements made by you are the opinion of the Website Owner, Platform or are endorsed by the Website Owner or Platform;
(xxv) Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform;
(xxvi) Obtain or seek to obtain any information from the Goods and Services including, without limitation, email information of other users or other software data;
(xxvii) Intercept examine or otherwise observe any proprietary communications protocol used by the Goods and Services, whether through the use of a network analyser, packet sniffer or other device;
(xxviii) Use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, trojan-horse routing, trap door, time bomb, or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorised access to, or distort, delete, damage, or disassemble the Goods and Services. Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through the Platform;
(xxx) “Frame” or “Mirror” any part of the Platform without the Website Owners prior written authorisation;
(xxxi) Use meta tags or code or other devices containing any reference to the Platform, its intellectual property, trade name/s or logo’s to direct any person to any other website or app for any purpose;
(xxxii) Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform, or cause others to do so;
(xxxiii) Use or develop third-party applications that interact with the Platform or any data on or provided by the Platform without the prior written consent of the Website Owner including but not limited to utilising data from the Platform to train Artificial Intelligence or machine learning systems;
(xxxiv) Use, access, or publish desktop environments, internal development tools or any other aspect of the Platform that has not been made accessible to the general public by the Website Owner without the prior written consent of the Website Owner;
(xxxv) Without the prior written consent of the Website Owner probe, scan or test the platform and/or its supporting system/s and network for vulnerabilities;
(xxxvi) Encourage, promote, or agree to engage in any activity that violates these Terms; and/or
(xxxvii) Any other thing that the Website Owner determines at their sole discretion acting reasonably to be misuse of the Platform.

(b)
Additional to the prohibitions in clause 5(a) above the Website Owner provides you access to the Platform conditionally upon:
(i) your agreement to:
(A) Comply with these Terms of use;
(B) Comply with all applicable laws and regulations in both the Commonwealth of Australia and/or the Jurisdiction within which you are accessing the Platform including but not limited to privacy laws, intellectual property laws, anti-spam laws, and regulations;
(C) Should there be any material inconsistency with the laws and regulations of the Commonwealth of Australia and your jurisdiction of locus you will immediately cease use of the Platform;
(D) Always use the latest version of the Platform;
(E) Comply with the Community Guidelines, as updated from time to time which can be found https://link.projectboard.com.au/community-guidelines;
(F) Take precautions, including but not limited to using strong passwords, not sharing your login information, and taking action to protect the security of your login information;
(G) Keep your Name, Address, Email Address and or other similar identifying information associated with your account up to date in the event that this information should change.
(H) Notify the Website Owner immediately via https://link.projectboard.com.au/complaints/ of any changes to your circumstances that place you in breach of prohibitions, agreements and warranties clauses 5(a), 5(b)(i), 5(b)(ii) and 5(b)(iii) of these Terms of Use;
(ii) You warrant both now and on an ongoing basis that:
(A) You are a natural person;
(B) You are at least eighteen (18) years of age;
(C) You have legal capacity to enter into binding contracts;
(D) You are not located in a country that is subject to an embargo by the Commonwealth of Australia or that the Commonwealth of Australia has designated a “Terrorist Supporting” Country;
(E) You are not and have never been a member of, supporter of, or otherwise affiliated with any organisation listed by the Commonwealth of Australia as a Listed Terrorist Organisation (as published and updated from time to time at https://www.nationalsecurity.gov.au/what-australia-is-doing/terrorist-organisations/listed-terrorist-organisations);
(F) You are not on any list of individuals prohibited from conducting business with the Commonwealth of Australia, nor do you face any other similar prohibition;
(G) You are not prohibited by law from using the Platform;
(H) You are not required to register as a Sex Offender in any jurisdiction in all the world;
(I) That you have never been convicted of or plead no contest to a criminal offence of a sexual nature in any jurisdiction in all the world;
(J) You have never been convicted of or plead no contest to a criminal offence of Stalking or another offence of a similar nature in any jurisdiction in all the world;
(K) That you have never been convicted of or plead no contest to a criminal offence involving violence punishable by more than one year of imprisonment in any jurisdiction in all the world, unless you have notified the Website Owner and have received express written permission to use the Platform;
(L) That you are not subject to any order of any court of any jurisdiction in all the world, whether on a temporary or final basis, restraining you from doing a thing or not doing a thing in relation to an allegation of or conviction for an act or acts of Domestic Family Violence;
(M) That you have never been convicted or plead no contest to a criminal offence related to Domestic Family Violence;
(N) You do not have more than one account on the Platform;
(O) You have not previously been removed from the Platform or any affiliated service, unless you have our express written consent to use the Platform despite the prior removal;

(iii) Your agreement not to upload or share content to or via the Platform that:
(A) Could reasonably be deemed to be offensive or to harass, abuse or cause psychological distress to another person;
(B) Is obscene, pornographic, violent or contains nudity;
(C) The Website Owner at their sole discretion having regard for the Community Guidelines deems abusive, threatening, discriminatory or that promotes racism, sexism, hatred or bigotry;
(D) Encourages or facilitates any illegal activity or the submission of which in itself constitutes the commission of a criminal offence;
(E) Is defamatory, libellous or untrue;
(F) Relates to commercial activities unless done with the prior written authorisation of the Website Owner;
(G) Involves or facilitates the transmission of spam;
(H) Contains any spyware, adware, viruses, worms, corrupt files, malware or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from the Platform or otherwise;
(I) Infringes upon any third parties rights;
(J) Was not authored by you unless the Website Owner gives prior written consent;
(K) Includes the image or likeness of another person without that person’s written consent save for images or likenesses of public figures in circumstances where they would not have a reasonable expectation of privacy. The Website Owner may determine at their Sole Discretion acting reasonably if a person is or is not a public figure and if the circumstance of the image or likeness would or would not be one in which a reasonable expectation of privacy would exist;
(L) Includes the image or likeness of a minor without that minor’s parent or guardians written consent;
(M) Includes an image or a likeness of a minor who is not accompanied by that minors parent or guardian;
(N) Includes an image or a likeness of a minor who is not fully clothed;
(O) Includes an Image or a likeness of a minor depicting or implying the minor engaged in sexual activity;
(P) For the purposes of clauses 5(b)(iii)(K) – 5(b)(iii)(O) it is immaterial if the images or likenesses are photographs, drawings, renderings or images generated by artificial intelligence technologies;
(Q) Is inconsistent with the Primary Purpose of the Platform;
(R) May harm the reputation of the Website Owner, the Platform or any Linked Service.
(iv) The Agreements, warranties and restraints under clauses 5(b)(i), 5(b)(ii), 5(b)(iii) are ongoing obligations to which you are to remain compliant both at the time of account creation and for as long as you maintain your account on the platform, failure to do will result in the Website Owner terminating your access to the Platform and where appropriate referring your conduct to relevant law enforcement bodies.

(c) You acknowledge that breaching some elements of this prohibitions clause may constitute a criminal offence and, if such a breach constituting a criminal offence should occur, the Website Owner may report or will report in circumstances where reporting is mandated by law or regulation any such breach to the relevant law enforcement authorities, disclose your identity to them and shall provide all reasonable assistance to any and all investigative endeavours of said law enforcement authority.

(d) The Website Owner will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

(e) The Website Owner shall make available to all users means by which to report other users who upload, or post inappropriate, prohibited and/or illegal material.

6 Intellectual property, software and content

(a) The intellectual property rights in all software, the Goods and Services and Website content (including photographic images) made available to you on or through this Website remain the property of the Website Owner or its licensors and are protected by copyright laws and treaties around the world. The Website Owner and its licensor (where appropriate) reserve all such rights. It is necessary for further consideration of this issue to break down intellectual property matters into four (4) categories each with its own means of dealing with Intellectual property rights:
(i) With Respect to Intellectual Property uploaded to the Platform by the Website Owner:
(A) Any Intellectual property uploaded to the Platform by the Website Owner is done so on the basis that the Website Owner either owns the Intellectual property or has a valid licence to use the Intellectual Property and is protected by copyright and other intellectual property law rights. All rights, title, and interest in the intellectual property remains with the Website Owner or the Licensor that the Website Owner has sourced the Intellectual Property from at all times;
(B) For as long as you comply with these Terms of Use, the Website Owner grants to you a personal, worldwide, royalty-free, non-assignable, non-transferable, non-exclusive revocable, and non-sub-licensable licence to access the Intellectual Property. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
(C) The Platform’s source code, algorithms, internal development tools, analytics data, network architecture information and any other Intellectual Property owned or licenced by the Website Owner that is intended for internal use by the Website Owner is expressly excluded from the license in clause 6(a)(i)(B) of these terms.
(D) The Intellectual Property excluded from the Licence in clause 6(a)(i)(B) by clause 6(a)(i)(C) may contain proprietary trade secrets which if disseminated publicly or privately to a third party may result in the Website Owner suffering damages, and is protected by copyright laws and treaties around the world. By using the Platform you acknowledge and agree that you will notify the Website Owner immediately should you erroneously access any such Intellectual Property and you shall indemnify the Website Owner against all loss and damage incurred by the Website Owner as a result of your disclosure to a third party, your publishing of, or your own use of such Intellectual Property.

(ii) With respect to Intellectual Property Owned by You:
(A) You are solely responsible and liable for your Intellectual property, you therefore agree to indemnify, release, defend and hold the Website Owner harmless from any claims made in connection with your Intellectual Property;
(B) You acknowledge that the Intellectual Property you upload to the platform including but not limited to images, likenesses, authored words, and musical compositions will by virtue of the nature of the Platform be publicly available to be viewed by Other Users all across the world, including in jurisdictions that do not respect Australian Copyright Law, and that commensurate care should be taken by you concerning what Intellectual Property you choose to upload;
(C) You acknowledge that the Website Owner cannot prevent Other Users from copying, downloading, modifying, altering, remixing, editing, photoshopping or sharing with third parties any Intellectual Property that you uploaded to the Platform as a result you agree to indemnify, defend and hold the Website Owner harmless for any damage suffered by you that is caused by the actions of Other Users and or third parties with respect to the uploaded Intellectual Property;
(D) By uploading any content to the Platform you represent warrant to the Website Owner that you have all necessary rights or licences to do so;
(E) By uploading Intellectual Property to the Platform you grant the Website Owner a Worldwide, perpetual, transferable, assignable, sub-licensable, royalty-free right and licence to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public your Intellectual Property, including any information you authorise us to collect from third party sources, in whole or in part, and in any way and in any format or medium currently known or developed in the future. The Website Owner’s licence to your Intellectual Property shall be non-exclusive, except that the Website Owner’s license shall be exclusive with respect to derivative works created through the use of the Platform;
(F) In the event that work of the Website Owner derived from your Intellectual Property uploaded to the Platform is used without authorisation by a third party you acknowledge and agree that the Website Owner shall be the party with the right to litigate the dispute. Notwithstanding this agreement and acknowledgement, the Website Owner will not be obligated to litigate any dispute.

(iii) With respect to Intellectual Property licenced by You;
(A) By uploading Intellectual Property licensed by you to the Platform you warrant to the Website Owner that you are permitted under the terms of your license to do so.
(B) By uploading Intellectual Property licensed by you to the Platform you agree to indemnify, defend and hold harmless the Website Owner for any claim made against the Website Owner or Yourself resulting from your uploading of licenced Intellectual Property that you were not permitted to upload per the terms of your licence agreement.

(iv) With respect to Intellectual Property owned by Other Users:
(A) You agree to indemnify, defend and hold harmless the Website Owner for any claim or action made against the Website Owner or You by any Other User stemming from your violation of the Intellectual Property rights of any Other User;
(B) In many jurisdictions it is a criminal offence to share Intimate Images (Defined in the state of Queensland of the Commonwealth of Australia as a photograph or video containing, nudity, genitals or buttocks whether bare or covered with underwear, bare breasts or engaged in intimate sexual activity not normally done in public) without consent of the person/s depicted in the image. You must not use the Platform to share Intimate Images of Other Users or any other person. Notwithstanding that the sharing of Intimate Images on the Platform is prohibited, You must not without the consent of the person appearing in the Image share an Intimate Image obtained via the Platform to any third party by any other means. You acknowledge and warrant that at no point past present or future has the Website Owner represented to you that sharing of such intimate images without consent is permitted or acceptable regardless of the specific legality of the conduct in your Locus Jurisdiction;
(C) You agree that with respect to any dispute regarding works derived from the Intellectual Property that you have improperly used the Website Owner will be an appropriate litigant to commence action against you and that you will not forward an argument that the Website Owner is not an appropriate litigant or lacks standing;
(D) You acknowledge and agree that the Website Owner cannot vet each Other User of the Platform nor can it check all Intellectual Property uploaded to the Platform for accuracy or potential harm. Consequently, you agree to indemnify, defend and hold harmless the Website Owner for any damage incurred by you as a result of your reliance upon Intellectual Property uploaded to the Platform by Other Users.

7 Disclaimer of liability

(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
(b) To the fullest extent permitted by law, the Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute Goods and Services, arising out of or related to the use, inability to use, performance or failures of the Platform or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
(c) This disclaimer does not affect the Website Owner’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.

8 Purchases, Subscriptions and Refunds

(a) The Website Owner may offer to the Users the ability to subscribe to the Goods and Services in exchange for a recurring fee, such subscriptions may grant the subscriber access to enhanced features beyond those available to non-subscribing users. The specific enhanced features offered shall be as described on the Platform. The recurring fees for any subscription shall be charged monthly in advance.
(b) The Website Owner may from time to time offer Virtual Items for sale. Such purchases do not confer upon the you an ownership right and are rather the purchase of a non-assignable, revocable licence to use the enhanced feature offered by the Virtual Item on the Platform. Such Virtual Items do not have associated monetary value and cannot be redeemed for cash. Virtual Items are sold on the basis that they are one time use ‘consumables” in such cases once the Virtual Item has been used by you the number of times licenced then licence to the Virtual Item shall automatically be revoked. Failure to adhere to these Terms of Service resulting in account termination shall also be a revocation of this licence.
(c) To the extent permissible by the Law of the jurisdiction from within which you access the Platform all purchases or subscriptions made via the Platform or Third Parties are made on the basis of Caveat Emptor and purchasers will not be entitled to refunds. If this provision conflicts with any requirement at Law in the jurisdiction from which you access the platform then it shall be read down to the minimum extent necessary to be in compliance with the Law.
(d) If you subscribe you may at any time terminate your subscription by following these steps. Once complete you will receive a confirmation email, and your subscription will lapse at the end of the current subscription period. If you have paid for the subscription via a Third Party Vendor such as ITunes or Google Play you may need to make separate arrangements with them to cease further payments.
(e) Notwithstanding the Caveat Emptor nature of any purchase made via the platform the Website Owner may at its sole discretion on a case-by-case basis determine to a offer whole, partial or pro rata refund or refunds for purchases made. The Website Owner utilising its discretion to offer a refund or refunds in one case shall not create an ongoing obligation to provide similar refund or refunds in other cases. The giving of such a discretionary refund shall not be construed as an admission or acknowledgement of wrongdoing on the part of the Website Owner.
(f) For users accessing the Goods and Services in the Commonwealth of Australia, notwithstanding anything to the contrary contained within these Terms and Conditions, Purchases are subject to guarantees that cannot be excluded under the Australian Consumer Law. For major failures you are entitled to; Cancel your contract with the Website Owner, a refund for any unused portion or compensation for reduced value and you may elect to be given a refund or replacement for major failures with goods. For failures that do not amount to major failures you are entitled to have the failure rectified within a reasonable time. Refunds or rectification will not be given for change of mind, failure on your part to follow instructions or your failure to understand properly, unless such refunds or rectification are required under the Australian Consumer Law.
(g) If the Website Owner offers to the Users the ability to enter into a raffle, lottery or other form of giveaway, then the Website Owner’s directors, managers, employees and their respective immediate family members (such as; Parents, Siblings, Children, Domestic Partners) or any other person residing in the same household as a director, manager, employee are not eligible to win such a giveaway.
(h) The Website Owner does not operate a payment processing facility, consequently all payments made with respect to a purchase or subscription via the Goods and Services shall be processed by a Third Party Vendor. By making a purchase or subscription via the Goods and Services you agree to the use of such a Third Party Vendor and agree that the Website Owner is not responsible for any issues, disputes, or claims arising out of the processing of payments by a Third Party Vendor.

9 Account Termination

(a) You acknowledge and agree that while you have access rights to your account, you do not have ownership rights, and that your account is at all times the property of the Website Owner.
(b) You may deactivate your account at any time by logging into the Platform and following these account deletion steps
(c) If your subscriptions or purchases have been arranged through third parties (such as iTunes or Google Play), it is your responsibility to liaise with these third parties to terminate any ongoing payments to the Website Owner. You acknowledge and agree that the Website Owner is not liable for any loss incurred by you stemming from your failure to arrange the cessation of third-party payment arrangements. You further acknowledge and agree that the Website Owner is not obligated to monitor, check, confirm or notify you whether third party payment arrangements have been ceased.
(d) If the Website Owner determines at its sole discretion to permanently cease operation of the Platform then it shall via the Platform itself provide fourteen (14) days’ notice via the Platform after which time the platform may cease to operate effectively terminating all accounts.
(e) The Website Owner reserves the right to at any time with or without notice terminate or limit your account for any reason, as determined at their sole discretion. Examples of such reasons may include, but are not limited to, violations of these Terms and Conditions, fraudulent activity, or any other behaviour that the Website Owner deems harmful to the Platform or its users.

10 No Criminal Background Checks or Identity Verification

(a) You acknowledge and agree that the Website Owner does not conduct identity verification or criminal background checks on its users.
(b) As a consequence of clause 10(a) you acknowledge and agree that the Website Owner makes no representations or warranties as to the:
(i) Conduct of any other user;
(ii) Identity of any other user;
(iii) Health of any other user;
(iv) Physical condition of any other user;
(v) Intentions of any other user;
(vi) Legitimacy of any other user;
(vii) Veracity of any other user;
(viii) Safety of any other user;
(ix) Mental health of any other user;
(x) Potential criminal background of any other user; or
(xi)Character of any other user;

(b) Clauses 10(a) and 10(b) notwithstanding you authorise the Website Owner to conduct Criminal Background checks, sex offender registry searches or any other background check in any jurisdiction in the world using both public and private databases on you. The authority of the Website Owner granted in this clause to conduct such checks shall not be construed as an obligation upon the Website Owner to conduct such checks on the Platforms user base generally. Where such checks would require the sharing of private information with third parties you authorise the Website Owner to share your personal information with such third parties for the purposes of conducting these checks.

(c) You acknowledge and agree that the Website Owner cannot guarantee your safety when interacting with other users on or off the Platform and Linked Services. The Website Owner shall not be held responsible or liable for any damages or harm resulting from your interactions with other users, whether those interactions occur on the Platform, via a third-party service, or in person. You acknowledge that there may potentially be other users of the Platform whom the Website Owner has not vetted who may victimise you or attempt to victimise you either on the Platform, on third party platforms and services, or in person via but not limited to; fraud, abuse, harassment, violence, revenge porn, defamation / libel, sexual violence (including rape), negligent or intentional spreading of communicable disease, deception with respect to use of birth control and or the sabotage of sexual prophylaxis (including the removal of a condom without consent). The examples given immediately prior are non-exhaustive and there may be other forms of victimisation or attempted victimisation that you may be subjected to that has not been considered. The Website Owner in the strongest possible terms encourages you to take all reasonable precautions when interacting with strangers whether on the Platform or in person and you agree to hold the Website Owner blameless and free of liability in the event that you are victimised as contemplated in this clause.
The Website Owner encourages you to review the e-safety commissioners’ recommendations for safety which can be found here: https://www.esafety.gov.au/young-people/online-dating

11 Disclaimer

(a) The Website owner provides access to the Platform on an as is where is basis and makes no warranty or guarantee to the extent permitted by law of:
(i) The suitability of the Platform for your needs;
(ii) Your success when using the Platform for its intended purpose;
(iii) The Platform being uninterrupted;
(iv) The security of the Platform, provided that the Website Owner has implemented and maintains reasonable security measures;
(v) The platform being free of technical errors;
(vi) Any errors in the platform being discovered or corrected;
(vii) Any information obtained by you via the platform is true, correct or free of errors, provided that the Website Owner takes reasonable steps to ensure the accuracy of information, especially if it’s related to users’ personal data or safety;
(viii) The number of users of the platform;
(ix) Other users ability or desire to communicate with or meet with you;
(x) The conduct of the Users of the Platform;
(xi) Your compatibility with any user or users of the Platform;
(xii) Any particular model of Phone, Tablet, Computer, laptop or any other computing devices ability to access and use the Platform as intended.

(b) The Website Owner assumes no responsibility and you agree and acknowledge to hold the Website Owner blameless for:
(i) any content that you or another user posts, sends, receives or acts on via the Platform;
(ii) any harm suffered by you as a result of a criminal act or fraud of another user of the Platform;
(iii) any harm suffered by you as a result of any misrepresentation made by another user of another users identity, intentions, veracity;(iv) Any damage done to your device as a result of said device becoming infected with malicious code via the Platform, any material accessed or downloaded from the Platform is accessed or downloaded by you at your own discretion and risk;
(v) Any damage done to your device because of a technical malfunction of the Platform; and
(vi) Any harm suffered by you as a result of the dissemination of your information due to breach of the security of the Platform, provided that the Website Owner has implemented and maintains reasonable security measures.

(c) The Website owner may from time to time offer giveaways which you may enter into. These giveaways may be free, in exchange for valuable consideration, or included as part of a subscription to the Goods and Services. By entering into such a giveaway, whether in exchange for valuable consideration or for no consideration, you agree to the following:
(i) Any and all disputes, claims, and causes of action arising out of or in connection with the giveaway and the prize shall be resolved individually without any form of class action;
(ii) Any claims, judgements and awards shall be limited to the actual loss incurred by you not including legal fees;
(iii) By participating in a giveaway you waive any right you may have to claim punitive, consequential or incidental damages as well as any right you may have to have any damages awarded be multiplied or otherwise increased beyond the actual damage incurred by you with the exclusion of legal fees;
(iv) Under no circumstances will the Website Owner, its directors, officers, shareholders, employees, agents, licensees, parents, subsidiaries or related entities and their respective directors, officers, agents, licensees, employees, or representatives be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising from access to, or use of, the Goods and Services, electronic or computer malfunctions, or entrant participation in a giveaway even if the Website Owner was advised of the possibility of such damages.
(v) The Website Owner reserves the right to disqualify any entrant found to be tampering with or otherwise abusing any aspect of any giveaway as determined at the sole discretion of the Website Owner.
(vi) In the event that any giveaway is compromised by non-authorized intervention, tampering or other cause beyond the reasonable control of the Website Owner that would corrupt or impair the administration, security, fairness or proper operation of the Contest the Website Owner reserves the right to suspend, modify or terminate the giveaway.
(vii) Any attempt by a user to deliberately damage the Goods and Services to undermine the legitimate operation of a giveaway is a violation of civil and criminal laws, and should such an attempt be made the Website Owner reserves the right to seek damages from anyone who makes such an attempt to the fullest extent of the law.
(viii) The Website Owner bears no responsibility for any problems or technical malfunction of computer systems, servers, software, internet service provider, or e-mail systems, failure of any entry into a giveaway due to such technical problems or incomplete, late lost, damaged, illegible or misdirected electronic communications, or any combination of the preceding;
(ix) Giveaways are null and void where prohibited by law.

(d) The Website Owner may from time to time deploy artificial user accounts (Bot Accounts) that may not be clearly marked as artificial or “Bot” accounts that may be operated either by an employee, agent or contractor of the Website Owner or a generative pre-trained transformer system to engage with human users for the purposes of driving engagement with the Website or App, collecting data on user interactions or other legitimate purposes of the Website Owner. By using or continuing to use the Platform and/or Linked Services you acknowledge that the Website Owner has disclosed to you the presence of Bot Accounts and that you may from time to time when using the Platform and/or Linked Services be interacting with a Bot Account. The Website Owner disclaims any and all liability to you to the maximum extent permitted by Law and you acknowledge and accept this disclaimer in regard to the issue of Bot Accounts.

12 Limitation of Liability

(a) To the maximum extent permitted by law the Website Owner, its employees, Directors, Agents or assigns shall not be liable for any; indirect, consequential, exemplary, incidental, special or punitive damages including but not limited to; loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
(i) Your access to or use of or inability to access or use the Platform;
(ii) The conduct or content of any users or third parties on or through any Linked Services or in connection with the Platform and or Linked Services;
(iii) Any unauthorized access, use, or alteration of your content, even if the Website Owner has been notified of the potential for such damages.

(b) In any event, save for where prohibited by law, in no instance shall the Website Owners aggregate liability to you exceed the greater of:
(i) One hundred Australian Dollars; or
(ii) Or the amount paid by you to the Website Owner in connection to your use of the Platform over the 24-month period immediately preceding your bringing of an action whether in court, tribunal, arbitration or mediation.

(c) If the cap on liability contemplated in clause 12(b) above is prohibited by law, then that clause shall not apply and the Website Owner’s liability to you will be determined in accordance with the applicable law.
(d) These limitations of liability apply where permitted by law irrespective of the grounds upon which your claim of liability is based whether it is upon Statute, Contract, Tort, Equity or otherwise.
(e) These limitations of liability apply where permitted by law irrespective of the type of breach of rights, privileges, or obligations claimed.
(f) These limitations of liability apply where permitted by law with respect to all events, the Platform and these terms of use.
(g) Where permitted by Law the limitations to the Website Owners liability in this clause 12 shall apply regardless of any insufficiency of such remedies to effectively remedy you for any harm, loss, damage that you allege you have suffered.
(h) In any jurisdiction where limitation of liability clauses such as this clause 12 are not permitted by law and may not or cannot be read down to be compliant with the Law of that jurisdiction then this clause 12 is severed leaving the balance of clauses in operation.

13 Dispute Resolution

(a) In the interest of resolving disputes between you and the Website Owner in the most expedient and cost-effective manner, you and the Website Owner agree to first endeavour to resolve any dispute arising out of or related to this Agreement through informal negotiations. If the matter cannot be resolved by these informal negotiations, then the dispute shall be submitted to mandatory, binding mediation in Queensland, Australia. Both you and the Website Owner agree to participate in good faith in the mediation process.
(b) Should mediation fail to resolve the dispute, you and the Website Owner agree that the dispute shall then be referred to and finally resolved by binding arbitration under the Rules of Arbitration of the Australian Centre for International Commercial Arbitration (ACICA). The arbitration shall take place in Queensland, Australia, and shall be conducted in English. The decision of the arbitrator shall be final, binding, and conclusive upon the parties, and a judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(c) You and the Website Owner expressly agree that, except as required by law, any dispute resolution proceedings, whether in mediation or arbitration, shall be conducted only on an individual basis and not in a class, consolidated or representative action.
(d) Notwithstanding the foregoing, the parties agree that litigation in court shall only be permitted in the event that both mediation and arbitration under the terms of this clause have been attempted and have failed to resolve the dispute.
(e) Furthermore, the parties agree that any such dispute resolution processes must be instituted and conducted in Queensland, Australia, to the exclusion of all other jurisdictions.
(f) Your failure to comply with this regime of compulsory alternative dispute resolution shall unless the law stipulates to the contrary bar you from instituting proceedings in any Court or similar adjudicative body in all the world.
(g) Should you and the Website Owner comply with this regime of compulsory alternative dispute resolution and either you or the Website seek to appeal the results of the mandatory arbitration you and the Website Owner agree that the Courts of the State of Queensland in the Commonwealth of Australia shall be the only Court or other similar adjudicative body in all the world to which you or the Website Owner may litigate an appeal.
(h) Should any provision of this Clause 13 that relates to mandating the State of Queensland of the Commonwealth of Australia as the forum to hear disputes be prohibited by law in a particular jurisdiction then the provisions of this clause 13 so establishing that jurisdiction as the forum to hear disputes shall be read down to comply with the Law leaving the balance of provisions in place.
(i) This provision applies to users located in the jurisdiction of the Commonwealth of Australia only, the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act (Cth) 2010) creates non-excludable consumer protection rights. If any provision of these Terms of Use are in conflict of any of these non-excludable rights, then these Terms or Use are to be read down to the minimum extent possible to be compliant with said non-excludable rights with the balance of the terms to remain in place.

14 Your Indemnity

(a) To the maximum extent permitted by law you agree to Indemnify, defend, and hold harmless the Website Owner, its directors, employees, agents and assigns against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses including legal fees due to or arising from, or relating to in any way your access to the Platform, your use of the Platform, your intellectual property, your conduct toward other users, or your breach of these terms.
(b) This indemnity shall apply only within jurisdictions that permit at law such indemnities and in and only in such jurisdictions this Clause 14 is to be severed from these Terms of Use leaving the balance of terms in effect.

15 Amendments With Retroactive Effect

(a) The Website Owner reserves the exclusive right, at its sole discretion, to amend, modify, add, or delete portions of these Terms of Use at any time without prior notice. Such amendments may have retroactive effect and apply to all past and current users of the Website and the App immediately upon publication of the amended Terms of Use. The Website Owner will notify users of any amendments that have a retroactive effect. Your continued use of the Platform following the notification and publication of such amendments signifies your acceptance of and agreement to be bound by the Terms of Use as amended, including any retroactive changes.

16 Acceptance of Terms

(a) By using the Platform, you agree to be bound by these Terms of Use. If the Website Owner amends these Terms of Use from time to time, your continued use of the Platform after such amendments are made will constitute your acceptance of the amended Terms of Use. If you do not agree to these Terms of Use, you shall not be eligible to use the Platform.

17 Linking to the Platform

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

18 Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner.

19 Advertising

In consideration for the Website Owner permitting you to use the Platform, you agree that the Website Owner, the Website Owner’s affiliates and third-party partners may place advertising on the Platform. By submitting suggestions or feedback to the Website Owner regarding the Platform, you agree that such feedback and suggestions become the exclusive property of the Website Owner. The Website Owner may use and share such feedback for any purpose without compensating you.

20 Information disclosure

You agree that the Website Owner may access, preserve, and disclose your account information, including your Intellectual Property, if required to do so by law or upon good faith belief that such access, preservation, or disclosure is reasonably necessary to:
(a) Comply with legal process;
(b) Enforce these terms;
(c) Respond to claims that any content violates the rights of third-parties;
(d) Respond to your requests for customer service;
(e) Protect the rights, property and personal safety of the Website Owner, its employees, agents and assigns as well as any other person;
(f) To investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrong doing; or
(g) To conduct background checks on you per Clause 10(b).

21 Variation

The Website Owner has the right in its absolute discretion to at any time amend, remove or vary the Platform’s terms of use, privacy policy, cookie policy and community guidelines, and will notify users of any such changes.

22 Invalidity

If any part of these Terms of Use are found to be void, illegal or otherwise unenforceable (including any provision in which we exclude our liability to you) then the specific provision/s found to be void, illegal or otherwise unenforceable shall be read down to the minimum extent necessary to be valid, legal and enforceable whilst preserving as far as legally permissible the original intent of the provision/s.
If it is not possible to read down a provision in such a way as to result in the Terms of Use being valid, legal and enforceable then the offending provision is to be severed from the Terms of Use leaving the balance of provisions intact and in force.

23 Reporting of Harmful or Illegal Activity

The Website Owner shall maintain a mechanism by which you may report harmful or illegal activity which can be reported here: https://link.projectboard.com.au/complaints/

24 Online Safety Code for dating services 2024

The Website Owner is actively reviewing and considering the adoption of the voluntary Online Safety Code for dating services published in July of 2024 (The Code) and will update its users as soon as a decision has been made.

25 Entire Agreement

These Terms of Use, including any and all documents explicitly referenced herein, such as the Privacy Policy, Cookie Policy, and Community Guidelines, constitutes the entire agreement between You and the Website Owner in relation to your use of the Platform, superseding any prior agreements between you and the Website Owner regarding your use of the Platform. The Website Owner reserves the right to modify these Terms of Use at any time, with changes becoming effective upon posting on the Platform. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. 

Dated: 30/06/2025