TERMS & CONDITIONS
1st August 2020
For the purposes of this document, the terms “we”, “us” and “our” refer to GoGetter; “Member” refers to users who have become a member of GoGetter; “you” or “user” refers to you, as a user of GoGetter regardless of whether you are a Member or a visitor, unless the context indicates otherwise.
We reserve the right to modify the Service for any reason, without notice and at any time.
2 Description of the Service
GoGetter represents a fun, simple & intelligent approach to dating by bringing active, like-minded people together to form meaningful connections, complemented with transparent personality type matching to help members find ‘the right one’. In addition to the services described above, from time to time our Service also provides the opportunity to participate in promotions and receive rewards, subject to additional terms and conditions.
3 Membership Eligibility
We may, in our sole discretion, refuse to offer access to, or use of, the Service to any person or entity and change its eligibility criteria at any time.
3.1 How to become a Member
You may become a member of GoGetter (“Member”) by:
(a) registering for membership directly through the Site; and
(b) by having a valid Facebook account which requires a minimum amount of friends or by having a valid phone number which will be verified during registration.
All Members must create an account and submit a profile through the required fields. Members can refer or invite a friend through the Site by submitting their friend’s email address to send a pre-populated invitation.
3.2 Age and Eligibility
You must be at least 18 years old to use the Service. By using our Service, you represent and warrant that:
(a) you are at least 18 years old;
(c) you are located and reside in Australia, New Zealand, United States, Canada or the United Kingdom;
(d) your marital status is single;
(e) you have never been convicted of a felony and/or that you are not required to register as a sex offender with any government entity; and
(f) all registration information you submit is accurate, complete and truthful.
We do not currently conduct criminal background checks on our Members. We reserve the right to conduct any criminal background checks we consider necessary at any time, with or without notice to you and at our sole discretion to confirm your compliance. You acknowledge and authorize any such criminal background check.
You agree to comply with all laws, including all laws applicable in the jurisdiction from which you are accessing the Service, including those regarding acceptance content and online conduct.
3.4 Account Information and Password
Your account is for your personal use only. You acknowledge and agree that you are fully responsible for all activity, liability and damage resulting from your failure to securely maintain your GoGetter account information and password. You acknowledge and agree that you will protect your account information and password, ensure this information is current and accurate, and bear full responsibility for any activities conducted through your account. You agree to notify us of any unauthorized use of your password or breach of security. You acknowledge and agree that we are not responsible for any loss or damage that results from your failure to keep your password secure or any third party access to your account arising from theft or misappropriation of your account information.
You must keep your account information up-to-date and accurate at all times.
3.5 Account Transfer
You may not assign or otherwise transfer your account to any other person or entity.
4 Payment and Refund Policy
In order to utilize our Service, you must purchase a membership when applicable. You are responsible for paying all fees and applicable taxes associated with using our Service. You must also maintain a valid in-app billing account.
You agree to pay us all membership charges associated with the plan you subscribe to as described on the Service at the time you register as a Member and provide your payment information. Memberships will be charged via in-app billing. You are solely responsible for joining and setting up your Apple or Google accounts. You authorize us to charge your Apple or Google account according to the terms of the plan to which you subscribe. The membership period and the amount and frequency of the charges will vary depending on the plan you select.
To the extent you elect to purchase other services we may offer for a fee, you authorize us to charge your Apple or Google account for the services you purchase. Membership types, rates and frequency may be found within the app at the time of purchase.
4.2 Refund Policy
5 Rules for User Conduct and Use of the Service
5.1 User Content
You may submit content, that is, any communications, images, sounds, videos, and all the material, data and information that you upload or transmit through the Service, including without limitation, any content, messages, photos, audios, videos, reviews or profiles that you publish or display in connection with the Service (collectively, “User Content”). By transmitting and submitting any User Content while using our Service, you agree, represent and warrant as follows:
• you are solely responsible for, and assume all liability regarding, any User Content that you submit, publish or display on the Service or transmit to other users of the Service.
• you are solely responsible for your conduct and activities in relation to our Service.
• you have the right, and hereby grant to us, our licensees and successors, a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, fully paid-up license to use, reproduce, create derivative works of, excerpt, reformat, distribute, perform, and display the User Content (in whole or in part) and to incorporate the User Content in other works in any form, media, or technology now known or later developed, including, without limitation:
– on the Service;
– on any application designed or developed to allow others to view your User Content;
– in materials created to promote the Service and its contents; and
– in connection with online and offline events conducted in connection with the Service.
• that the User Content:
– will not violate any third party rights, including any third party intellectual property rights, privacy rights, moral rights, or other proprietary rights;
– does not violate any law or regulation; and
– does not contain any virus or other malicious software, including any software which could interfere with the performance of the Service or collect user data from users of the Service.
You agree to allow us to store, translate, or reformat User Content on the Service and display User Content on GoGetter in any way we choose.
5.2 Prohibited and Restricted Items and Activities
Without notice, we reserve the right to remove, block access to, or otherwise make unavailable any User Content or other content that is:
(b) the subject of a court order or request from a governmental agency or law enforcement; or
(c) otherwise unlawful, unethical, immoral, objectionable or improper for the GoGetter community, as determined by us in our sole discretion.
Your use of GoGetter shall not:
• harass, annoy, stalk, harm, threaten or otherwise engage in abusive behavior towards others, including contacting or soliciting any other user without prior explicit consent, revealing the personal information of other users or using an automated system to send comments or messages to others;
• impersonate or intimidate any person (including GoGetter team members or other users);
• access (or attempt to access) any portion of the Service or other personal information through any automated means (including the use of scripts, scraping, or web crawlers) or violate any instructions set out in any robots.txt files present on the Service;
• obtain or attempt to obtain unauthorized access to computer systems, materials, or information, including attempting to obtain, use or access any materials or information that is not intentionally made publicly available via the Service;
• send mass unsolicited messages, “flood” servers with requests, or perform similar action;
• interfere with or disrupt the Service or servers or networks connected to the same;
• manipulate, display or access the Service or any materials or information found thereon using “framing”, “deep linking” or similar techniques that bypass or circumnavigate the intended architecture and layout of the Service;
• upload, store, distribute, or disseminate electronic files that are corrupted or contain viruses, “Trojans”, “spyware”, “adware”, “malware” or any other malicious components, or take any measures, such as implementing “denial of service” attacks, “email bombs” or other techniques that impose an unreasonable or disproportionately large burden on the Service or any GoGetter system or network, or that are otherwise connected to or interface such systems or networks;
• appear to create liability for us or cause us to lose (in whole or in part) the services of our internet service provider or other vendors; or
• copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service.
6 Information Control
We do not control the User Content provided by users that is made available on the Service. By using the Service, you agree to accept any and all risks and acknowledge that we (and our officers, directors, agents, subsidiaries, joint ventures and employees) are not responsible for any and all acts or omissions of users on GoGetter. Please use caution and common sense when using GoGetter.
6.1 Links to External Sites and Other Resources
We are not responsible for the availability of outside websites or resources linked to or referenced on the Service. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8 Renewal and Termination of Membership
You may cancel your membership at any time by either canceling your subscription within your device’s in-app billing where applicaable or by deleting your account via settings within the app.
Unless you explicitly decline automatic membership renewals, your membership will continue indefinitely until cancelled by you. After your initial membership period, and again after any subsequent membership period, your membership will automatically renew for an additional equivalent period as the membership term you originally selected and at the membership rate and frequency disclosed to you on the Service when you originally subscribed.
We always communicate renewal periods to you in the subscription page, before you finalize the purchase of your membership, upon confirmation of purchase and in the body of any special promotions sent to our users.
We may restrict, suspend, or terminate your use of or access to the Service, without notice or liability to you and in our sole discretion, and without refunding any fees, if we suspect (by information, investigation, conviction, settlement, or otherwise) that:
(b) you are in breach of, are attempting or threatening to breach, or are acting inconsistently with the terms and spirit of any GoGetter policy;
(c) your activities on or in relation to the Service may violate applicable law;
(d) you are unable to verify or authenticate any of your personal information or User Content;
(e) you have failed to pay a fee;
(f) you may cause legal liability or financial loss to our users or to us; or
(g) for any other reasonable grounds.
Following termination of an account, we reserve the right to send a notice thereof to other users with whom you have corresponded.
9 Intellectual Property
You acknowledge that we cannot guarantee the continuous operation of, or access to, our Service. You further acknowledge that operation and access to our Service may be interfered with as a result of technical issues or numerous factors outside of our control.
You agree that you are making use of the information and materials on our Service at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the maximum extent permitted by applicable law: WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Further, you acknowledge that opinions, advice, statements, offers or other information or content, including User Content made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS OR (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT, INCLUDING USER CONTENT, POSTED ON THE SERVICE OR TRANSMITTED TO OR BY ANY USERS.
11 Assumption of Risk
You acknowledge and assume all risks when using the Service, including but not limited to, all of the risks associated with any online or offline interactions with users of the Service. You agree to take all necessary precautions when interacting with other visitors or users of the Service.
12 Limitation of Liability
12.1 Indirect Losses and Aggregate Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR GUARANTEES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY WARRANTY OR GUARANTEE CANNOT BE EXCLUDED AT LAW, OUR LIABILITY FOR BREACH OF SUCH WARRANTY OR GUARANTEE IS LIMITED (AT OUR ELECTION) TO THE RESUPPLY OR PAYMENT OF THE COST OF RESUPPLY OF THE SERVICE.
IF WE ARE FOUND LIABLE TO YOU OR ANY THIRD PARTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SUCH LIABILITY IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO SLINDIR IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR AUD$100.
12.2 No Liability for non-GoGetter Actions
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT LOSSES ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT, INCLUDING USER CONTENT, POSTED ON THE SERVICE OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER USERS OF THE SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENCES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
14 General Provisions
14.2 Entire Agreement
14.3 Jurisdiction and Choice of Law
14.4 Contact Information
If you have any questions or need further information as to our Service, or need to notify us as to any matters arising to the Service, please contact us at: