|Terms & Conditions|
TERMS & CONDITIONS
Our services are available only to, and may only be used by, individuals
who can form legally binding contracts under their applicable law.
Witeam Commercial (Int'l) Limited and associated alliances and
affiliates, herein Witeam Online reserves the right to terminate your
membership for any reason.
by entering a tick alongside the "tick here to accept and agree to the
terms and conditions below", and pressing the 'submit registration'
button, you register as a member and accept the terms and conditions
described below applicable to your use of our service provided by Witeam
1. as an adult you are solely responsible for any information contained
in your profile and all of your communications with other soulmate
members (the "members"). if you choose to publish a profile, then it
will be published on other sites throughout the Witeam Online
technology, match.com network. Witeam Online does not, nor can it
practically, monitor or control the use made of its site by members.
accordingly you agree to accept sole responsibility for the legality of
your actions under all applicable laws. each other member is also bound
by this user agreement and agrees to accept sole responsibility for the
legality of his or her actions under their applicable laws. Witeam
Online accepts no responsibility for the legality of the actions of any
of its members.
2. you will not use our site to post or transmit offensive materials
including offensive language or sexually explicit materials (including
3. you will not harass others by continuing to attempt or communicate
with someone who has clearly asked you to cease communication. you are
responsible for ensuring that your behaviour with other members is
lawful and complies with all applicable laws. to the extent that you do
not (or another member does not) comply with all applicable laws or any
clause of this user agreement, you release and discharge Witeam Online
from all rights, claims, actions, suits, proceedings and claims which,
but for this clause, you may have had against Witeam Online;
4. you will not include identifying information such as your real name,
phone number, email address, icq number, address or any contact
information in your profile.
5. with respect to Witeam Online:
(i) it reserves the right to suspend or terminate any member who
violates these terms and conditions, including, without limitation,
where if a member is suspected of having, or are found (by conviction or
otherwise) to have, engaged in any fraudulent or other criminal activity
in connection with our service, or at any other time, with or without
cause in Witeam Online?absolute discretion. Witeam Online will have no
liability to you if it suspends or terminates your account for any
reason. you waive all rights you may have had against Witeam Online in
respect of such conduct.
(ii) in the case of profiles, Witeam Online may hide the profile if it
is judged offensive until the offensive portion is amended. without
limiting any other remedies, Witeam Online may remove all or part of a
profile posted to its site:
(a) if Witeam Online receives a direction, demand or request to do so
from any government department or agency; or
(b) at any other time, with or without cause, in Witeam Online?absolute
and Witeam Online will have no liability to you if it removes all or
part of a profile for any reason, and you waive all rights you may have
had against Witeam Online in respect of such conduct.
(iii) it is not responsible for any information or material posted or
transmitted via the service;
(iv) it has the right to amend the terms and conditions at any time by
posting the amended terms on its site. you (and all other members) will
be bound by the amended terms from that time and this user agreement may
not be otherwise amended;
(v) it is not responsible for ensuring that members follow the terms and
conditions notwithstanding these terms and conditions outline behaviour
that is unacceptable on the service; and
(vi) under no circumstances is it liable to a member for any incidental
consequential or indirect damages arising out of the use of the Witeam
Online service. in addition, it disclaims all liability to the full
extent permitted by law, regardless of the form of action, for the acts
or omissions of other members or users. nevertheless, nothing in this
user agreement is intended to limit or exclude any liability on the part
of Witeam Online where and to the extent that applicable law prohibits
such exclusion or limitation. if you do not notify Witeam Online within
12 months of the relevant conduct in respect of which the rights,
actions, suits, proceedings or claims have arisen, then, to the extent
permitted by law, you agree that you release and discharge Witeam Online
from all rights, actions, suits, proceedings and claims which, but for
this clause, you may have had against Witeam Online.
6. user authentication on the internet is difficult. accordingly, Witeam
Online cannot and does not confirm that each member or user is who he or
she claims to be. therefore, you must be careful in dealing with other
members or users.
7. because Witeam Online does not and cannot be involved in member to
member communications and activities, in the event that you have a
conflict with a member, to the extent permitted by law, you hereby
release Witeam Online (and our agents and employees) from any claims,
demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with any such conflict.
8. you are solely responsible for the information provided by you for
the profile ("your information"), and Witeam Online act as a passive
conduit for your online distribution and publication of your
information. however, Witeam Online may take any action with respect to
your information that it deems necessary or appropriate in its sole
discretion, for example, if Witeam Online believes your information may
create any liability for us, or if it may cause us to lose (in whole or
in part) access to the services of our isps or other suppliers, Witeam
Online may alter or remove all or part of your information.
9. you must ensure that your information
(i) is not defamatory, libelous, unlawfully threatening or unlawfully
(ii) is not obscene and does not contain child pornography.
10. (i) this user agreement will be governed by and construed in
accordance with the laws of the state of new south wales, australia. all
users of the site irrevocably submit to the non-exclusive jurisdiction
of the courts of new south wales, australia;
(ii) the provisions of this agreement are severable and, if any
provision of this user agreement is held to be invalid or unenforceable,
that provision may be removed and the remaining provisions will be
(iii) the failure by Witeam Online to act with respect to a breach by
you of this user agreement does not waive our right to act with respect
to subsequent or similar breaches;
(iv) this user agreement may not be construed adversely to us solely
because Witeam Online prepared it; and
(v) this user agreement sets out the entire understanding and agreement
between Witeam Online and you with respect to its subject matter.