When you access or use this Dear Molly website or mobile application (Platform) you signify that you have read, understand and accept our Terms and Conditions. Please read them carefully. Your access to and use of the Platform is governed by these Terms and Conditions.
(a) The Platform is owned, published and managed by Dear Molly Pty Ltd ACN 618 671 257 where you can connect with likeminded females over the age of 18, participate in chat groups and forums and access business related content (Dear Molly, us or we).
(b) We grant you a limited, revocable licence to access and use the Platform and its content in accordance with these Terms and Conditions.
(c) You may display, print or download the content of our Platform on your computer, tablet, PDA, mobile phone or other telephonic device for information, entertainment and personal use only.
(d) Some of the content of our Platform may be subject to Additional Terms and Conditions (for example, content which you access through links to the Platforms of third parties or to log on to Dear Molly through third party Platform login credentials). If you agree to Additional Terms and Conditions and there is any inconsistency between those terms and these Terms and Conditions:
(i) these Terms and Conditions prevail to the extent of any inconsistency in relation to the use of our Platform; and
(ii) the Additional Terms and Conditions prevail only to the extent of the inconsistency in relation to your use of a third party's services or Platform.
(e) You cannot use our Platform or any part of it for any Commercial Use or for any public display (commercial or non-commercial).
(f) We reserve the right to suspend, terminate or otherwise deal with your limited licence in relation to the Platform and its content at any time.
(g) Our Terms and Conditions apply while you use our Platform or services. You agree to be bound by, and comply with, these Terms and Conditions.
(h) You agree to comply with all relevant laws relating to your use of the Platform.
(a) You must be a female aged more than 18 years of age to use our Platform.
(b) In using our Platform you must not:
(i) distribute all or any part of our Platform other than as intended or as agreed by us in writing;
(ii) do anything which alters the Platform, or interferes with or affects its working other than as intended or as agreed by us in writing. This includes removing anything from it, adding anything to it, linking it to or from another Platform;
(iii) alter or modify any part of our Platform other than as intended as agreed by us in writing;
(iv) access third party submissions or other content on our Platform other than as expressly authorised by us and by way of the web pages provided by us;
(v) use the Platform or include, list, upload, post, share or transmit any information or material in any manner or for any purpose that is illegal, unlawful, breaches the privacy or Intellectual Property Rights of another, is offensive, defamatory, deceptive, deceitful, misleading, inaccurate, fraudulent, obscene, indecent, offensive, vulgar, harmful, advocating violence, threatening, abusive, harassing, or violates any applicable law, statute, ordinance or regulations, or which is prohibited by these Terms and Conditions;
(vi) use or launch any automated system including (without limitation) any offline readers, spiders or robots that access our Platform in a way that:
(A) sends a larger number of request messages to our servers or to other users of our Platform than can reasonably be produced by a human in the same period using a conventional on-line web browser;
(B) sends spam to any other user; or
(C) annoys or harasses any other user;
(vii) collect or harvest any personally identifiable information;
(viii) bully, intimidate, harass or stalk any user;
(ix) provide any false personal information, or create an account for anyone other than yourself without permission;
(x) store, permanently download or redistribute content from our Platform other than as intended or as agreed by us in writing;
(xi) circumvent, disable or otherwise interfere with any security-related features of the Platform or features that prevent, limit or restrict use or copying of any content from our Platform;
(xii) attempt to decompile or reverse engineer any software contained on the Platform;
(xiii) transfer the materials to another person or 'mirror' the materials on any other server; and
(xiv)use any data listed on the site for commercial purposes e.g. through price or information scraping.
(a) We are entitled without notice, but are not obliged to:
(i) use, alter, update and monitor the content of the Platform, at any time and at our sole discretion; and
(ii) remove from the Platform any content that is in our opinion and sole discretion unacceptable.
(a) Parts of our Platform may require you to provide us with personal information including, but not limited to, your name or pseudonym, email address and phone number. You may also provide us with personal information which is not required but will assist with making your experience on the Platform a more personal one.
(b) We will not disclose such personal information to any other person other than to those Platform users that the Platform suggests have similar personal information to you, in order to connect you with other potential like-minded users through a common thread, or for the ordinary operation of our Platform to contact you in relation to our Platform, or otherwise as required by law.
(c) Some information which you author and provide to the Platform and the profile picture which you upload which are then used by the Platform to enable and facilitate member searches will be available for viewing by the world at large. Any information which you author and / or share regarding yourself, family, friends, or other personal information you disclose including your uploaded profile picture will be able to be viewed by other users of the Platform at any time. You acknowledge that this information is publication to the world at large and we are not responsible for any use, misuse or misappropriation by other users of any content, information or personal information that you share to our Platform or any loss or damage that occurs.
(d) We store your information (including personal information) and data for as long as it is necessary to provide services to you and to others. Information associated with your account will be kept until your account is deleted [or disabled, if applicable], unless we no longer need the information or data to provide our services.
(a) You must be a female aged more than 18 years of age to submit or share information on our Platform.
(b) In order to use our Platform, you may need to provide certain information. When entering information on our Platform, you must provide accurate, current and comprehensive information.
(c) Our Platform may host services, including forums and chat groups, which allow you to share personal information and content with other users. Any personal information or content that you share with other users can be read, collected and used by other users over whom we may have no control.
(d) You acknowledge that any content or information (including personal information) that you share with other users, whether in a forum, chat group or otherwise, is publication to the world at large and we are not responsible for any use, misuse or misappropriation by other users of any content, information or personal information that you share to our Platform.
(e) Should you wish to contribute to our Platform via a written submission to feature as an article or blog “works” on our Platform you acknowledge that the Platform reserves the right to edit, delete, not publish, remove or erase an article or “works” submitted by contributors at any time without consultation. Similarly a contributor may not submit works which infringe the intellectual property rights or confidentiality of third parties or are in any way abusive, threatening, obscene, vulgar, offensive, defamatory, hateful, discriminatory, unlawful, pornographic, racist, sexually-oriented or otherwise considered by us as inappropriate.
(a) You must never create a link to or from our Platform or any part of our Platform:
(i) for Commercial Use, without our prior written consent;
(ii) to or from a Platform which contains Prohibited Content;
(iii) to or from a Platform which infringes third party's rights (including Intellectual Property Rights).
(b) Our Platform may contain links and other pointers to Platforms owned or controlled by third parties. These links are provided for your convenience only and are not endorsed by us.
(c) When accessing third party Platforms you should read the terms and conditions applying to the use of those Platforms.
(d) We have no control over the content, practices or policies of any third party Platforms and therefore take no responsibility in respect to them. By using our Platform to access third party Platforms you expressly release and indemnify each of us and our Affiliates from any and all liability arising from your access or use of any third party Platform.
(a) If you use this Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
(b) Dear Molly reserves the right to refuse service, terminate accounts or remove or edit content in Dear Molly’s sole discretion.
(a) We own our trade marks. No permission is given for their reproduction or publication, except to the extent allowed by this limited licence.
(b) You acknowledge that all marks that appear throughout the Platform belong to us or the respective owners of those marks and are protected by domestic and international trade mark and copyright laws. Any use of any of the marks without the express written consent of us or the owner of the mark (as applicable) is prohibited.
(a) The content and software used in connection with the Platform contains confidential information that is protected by valid and applicable Intellectual Property Rights.
(b) We own or have a right to use the Intellectual Property Rights to use the Platform and all of its content. We reserve our rights in it. Apart from uses permitted by the Copyright Act 1968 (Cth) or by these Terms and Conditions, no part of any content may be reproduced or provided to the public, in any form and by any means, without our written permission.
(c) You agree that:
(i) no title to any Intellectual Property Rights in this Platform or its content is transferred to you; and
(ii) you do not obtain any rights, express or implied, other than those specifically granted by these Terms and Conditions.
(d) You acknowledge that data in advertisements and sponsors or information provided to you through the Platform is subject to copyright, trade mark, brand names, patents or other property rights or laws. You agree that you will not do anything (including, without limitation, amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products) that partially or entirely reproduces or exploits those Intellectual Property Rights.
(e) Any rights to download material from our Platform are limited to a total download of one copy of that material.
(a) You agree that your access to and use of our Platform will be at your sole risk.
(b) You continually indemnify us and our Affiliates against any claim or proceeding that is made, threatened or commenced and against any liability, loss, damage or expense (including legal costs on a full indemnity basis) any of them incurs or suffers, as a direct or indirect result of any of the following:
(i) your use of and access to our Platform;
(ii) a breach of these Terms and Conditions;
(iii) a wilful, unlawful or negligent act or omission by you;
(iv) your violation of any third party right or law, including (without limitation) any Intellectual Property Rights, defamation or criminal laws;
(v) your making contact with any other users of our Platform, whether in person or otherwise;
(vi) a claim that you caused damage to a third party; and
(vii) your use or sharing of any information obtained from or through our Platform.
(c) This clause 1.10 will survive termination or expiration of these Terms and Conditions and cessation of your use of our Platform for any reason.
(a) Our Platform is provided on an 'as is' and 'as available' basis.
(b) We do not promise you any of the following:
(i) that you will have uninterrupted or error-free access to or use of the Platform by any method;
(ii) that death, personal injury or property damage may not occur as a result of your access to and use of our Platform or any information on our Platform or accessed from our Platform;
(iii) that you will be safe if and when making contact with any other users of our Platform, whether in person or otherwise. You are fully responsible for protecting your own safety and you must be sensible and exercise particular caution if you choose to make contact with any other users of our Platform (including, but not limited to, considering meeting with any other users of our Platform in a public place and during daylight hours rather than in the dark);
(iv) that we make any representations or warranties to you as to the veracity of the information provided by other users. We do not conduct criminal background checks on our users. You are solely responsible for your interactions with other users;
(v) In no event shall we be liable (directly or indirectly) for any losses or damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the Platform, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users you meet through our Platform;
(vi) that the Platform or any files available for downloading will be error-free or free from viruses, faults or defects or that any bugs, viruses, Trojan horses or other corrupting programs will not be transmitted to or through our Platform by any third party;
(vii) to the extent permitted by law, that the content of the Platform is accurate, complete, or suitable for a particular purpose. You must rely on your own judgment;
(viii) that any content or information published on our Platform:
(A) is a substitute for information provided by a professional. You must seek your own independent, professional advice including, but not limited to legal, accounting, financial and medical advice;
(B) has been verified or validated by us and is accurate and correct;
(C) is suitable or appropriate for your personal situation.
(ix) that there will not be any unauthorised access to or use of our secure servers which may result in your personal or financial information being accessed;
(x) that your personal settings or information will not be affected or deleted or your messages will not be delivered incorrectly;
(xi) that your internet or mobile service provider will allow you access to the Platform. You are responsible for ensuring your service provider will allow you access to the Platform and its content and for any costs and service fees associated with the access; and
(xii) that your computer, mobile or other hardware devices will allow you access to the Platform. You are responsible for ensuring your devices will allow you access to the Platform and its content and for any costs and service fees associated with the access.
(a) The content on this Platform is subject to change without notice.
(b) To the maximum extent permitted by law, we, and our Affiliates disclaim any and all responsibility and liability in respect of our Platform and any loss or damage suffered or incurred by a person for any reason including (without limitation):
(i) using or relying on any of the information provided in or obtained through our Platform; and
(ii) any of the matters referred to in clause 1.11.
(c) To the maximum extent permitted by law:
(i) we disclaim all warranties, express or implied, in connection with our Platform and your access to and use of our Platform;
(ii) we are not responsible for any loss or damage arising out of this Platform or your use of this Platform including (without limitation) death, personal injury or any loss or damage as a result of an occurrence listed in clause 1.11;
(iii) we exclude every warranty or condition of any kind that might otherwise apply in relation to the Platform, its content and its useability;
(iv) we are not liable, and each of our Affiliates is not liable, for any direct, indirect, incidental, special, punitive or consequential liability, loss, damage or expense you incur or suffer that arises out of your access to, use of (or reliance on) our Platform or our services or any of the content of the Platform or your inability to use it. This applies even if we have been informed that the liability, loss, damage or expense will or may result; and
(v) you agree that you must commence any cause of action arising out of or related to these Terms and Conditions or your use of our Platform within one (1) year of the cause of action arising. After that time you agree that any cause of action will be permanently barred.
(d) Our liability to you for loss or damage of any kind arising out of these Terms and Conditions or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
(e) Nothing in these Terms and Conditions is intended to limit or exclude any liability that cannot be excluded by law.
(f) This clause 1.12 will survive termination or expiration of these Terms and Conditions and cessation of your use of our Platform for any reason.
(a) We may immediately suspend, terminate or limit your access to and use of the Platform and (where relevant) your account if you breach these Terms and Conditions and:
(i) the breach cannot be remedied; or
(ii) you fail to remedy the breach within 10 days of our notice to you of that breach; or
(iii) if there is an emergency.
(b) We may stop making the Platform (or any part of it) available without prior notice.
(c) Clauses 1.2 - 1.6, 1.8 - 1.15 survive termination of these Terms and Conditions.
(a) If the whole or any part of a provision of these Terms and Conditions is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these Terms and Conditions has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Terms and Conditions or is contrary to public policy.
(b) These Terms and Conditions are governed by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of that place.
(c) The fact that we fail to do, or delay in doing, something we are entitled to do under these Terms and Conditions, does not amount to a waiver of any obligation of, or breach of obligation by you. A waiver by us is only effective if it is expressly given in writing.
(d) A written waiver by us is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of:
(i) any other obligation or breach;
(ii) that obligation;
(iii) a similar obligation or breach on any other occasion.
(e) You may not transfer or assign these Terms and Conditions or any rights or licences granted under these Terms and Conditions.
(f) We may transfer or assign these Terms and Conditions and your account without restriction or notification.
(a) Additional Terms and Conditions means any terms and conditions required to be consented to in order to gain access to parts of our Platform or to participate in activities on our Platform including (without limitation) competitions, promotions etc.
(b) Affiliates means our officers, employees and other personnel, agents, contractors, partners, principals, licensors, service providers, members, writers and contributors.
(c) Commercial Use includes (without limitation):
(i) sale of access to our Platform or our services by way of another Platform.
(ii) using our Platform or our services for the purposes of selling goods or services or for advertising goods or services or for obtaining subscription revenue other than as expressly permitted by our Platform.
(iii) any use of our Platform or our services for the purpose of competing with or displacing our Platform or services.
(iv) soliciting any users of our Platform for any commercial purpose other than as intended.
(d) Intellectual Property Rights means copyright, trade marks (whether registered or not), patents, patent applications, eligible circuit layouts, moral rights, service marks, trade names, registered designs, unregistered design rights, know how, trade secrets, domain names, internet addresses, rights in confidential information and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.
(e) Prohibited Content includes content that:
(a) is abusive, threatening, obscene, vulgar, offensive, defamatory, hateful, discriminatory, unlawful, pornographic, racist, sexually-oriented or otherwise considered by the us as inappropriate;
(b) contravenes any applicable laws (including without limitation laws concerning Intellectual Property Rights); or
(c) infringes the rights of a third party (including without limitation laws concerning Intellectual Property Rights, privacy or personal or proprietary rights)
(f) Terms and Conditions means these terms and conditions.