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Terms of Use

Welcome to mamyda.com ('Website'), owned and operated by MaMyDa (Australia) Pty Ltd, ABN 72 131 377 207 ('MaMyDa').

1. Legally Binding Contract
1. 1.1. The Website provides tools for users to arrange meetings in person for various activities. MaMyDa does not control, supervise or accept any responsibility whatsoever for those meetings, activities or participants.
2. 1.2. You agree to exercise caution and good judgment when attending meetings or activities with others arranged through use of the Website.
3. 1.3. These Terms of Use constitute a binding legal contract between you and MaMyDa. These Terms of Use apply to you whether you are browsing or are a registered user or member of the Website and no matter what your class, level or status of member registration. References to users in these Terms of Use must be read as being also a reference to registered users or members.
4. 1.4. At any time the Terms of Use in force are published on the Website and you will be taken to have accepted them by accessing or using the Website.
5. 1.5. If MaMyDa develops revised terms of use then on their publication on the Website they will supersede those they replace. If you subsequently access or use the Website you will be taken to have accepted the revised terms of use.
6. 1.6. If you do not agree with the Terms of Use applicable from time to time, do not access, use, submit information to or download from this Website.
7. 1.7. These Terms of Use may change without notice, so do check them from time to time. If you do not agree to any change, you should terminate your use of the Website. A last revision date is printed on the bottom of the Terms of Use, this will help you know when a change has taken place.
8. 1.8. Specific Website offerings, incentives, areas, sections, communities, and discussion groups may also have additional guidelines which govern your use. You must comply with them in addition to these Terms of Use. By participating in a user-created area, you agree to be bound to the additional rules of that area.
2. Licence, Permitted Use and Prohibitions
1. 2.1. MaMyDa hereby grants you a limited, personal, non-commercial, non-exclusive, non-transferable, free of charge licence to use the Website. These Terms of Use are revocable at any time without notice and with or without cause. These Terms of Use are also subject to your warranty that your personal details provided to MaMyDa are true and correct, including your name, email address, and gender.
2. 2.2. MaMyDa may change or discontinue any facility, module, service, section, feature, menu, password, or user name of the Website including content, information architecture, and mode of access.
3. 2.3. Your use of the Website, its components and content must not breach these Terms of Use, MaMyDa's statements on pages of the Website, and any agreement on the Website to which you become a party.
4. 2.4. All other use is unauthorised and strictly prohibited and will terminate any registration and access rights granted. In particular you may not:
  1. (a) harvest or collect user information, email addresses or other contact information of other users from the Website for unlawful use or unsolicited emails, spam or other unsolicited communications;
  2. (b) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person, organisation or entity;
  3. (c) solicit personal information from or about anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; or
  4. (d) use automated scripts to collect information from or otherwise interact with the Website.
5. 2.5. MaMyDa requires that each individual participating in the Website do so from a single login account. Multiple individual accounts are prohibited.
6. 2.6. You represent that you are either 18 years of age or older and are fully qualified and empowered to enter into these Terms of Use or you represent you are a minor over the age of 13 and warrant that you have obtained parental consent.
7. 2.7. You must make all appropriate or proper disclosures (including as regards any relevant affiliation, interest or personal agenda) to avoid any perceived breach of these prohibitions, unethical practices or any conflict of interest.
3. Intellectual Property
1. 3.1. The content of the Website and any newsletters, mail-outs or other materials associated with the Website are the property of MaMyDa, unless noted otherwise.
2. 3.2. The Website and its content is protected by law including copyright in its layout, text, images, photographs, illustrations, animations, audio clips, video clips, programming and HTML code. No part of the Website or its content may be used, copied, modified, distributed, republished or transmitted, except for your personal and non-commercial use. All rights not expressly granted at the Website are reserved by MaMyDa, unless noted otherwise.
3. 3.3. Except for your own user content, you may not upload or republish the Website and any part of its content on any online network, intranet or extranet website or incorporate the information in any database or compilation.
4. 3.4. For any written permissions, email MaMyDa (see email address on the Website) or the relevant copyright holder or owner.
5. 3.5. All names, logos and signs in the Website are the trade marks of their respective owners. This is our trade mark: MaMyDa™.
4. Content Licence and Consent
1. 4.1. By posting each comment, submission, post or other content to the Website (including in advertisements, profile pages, feedback, ratings, messages or posts in the forum (if any) or any form of communication or other content on, through or with this Website), you automatically grant to MaMyDa, its licensees and assigns an irrevocable, perpetual, non-exclusive, royalty-free licence throughout the world for the purposes of using, publishing and displaying that content.
2. 4.2. You irrevocably consent to all MaMyDa's acts or omissions (including as an author and publisher) as they may affect any moral rights you may have in that content. Specifically you consent to MaMyDa's, or others authorised by MaMyDa, carrying out any change, re-arrangement, mixing, translation, reformat, adaptation, re-purposing, re-design, addition, deletion or editing of that content and combination of it with other material.
5. Facilities
1. 5.1. Activities
  You must not disrupt or negatively affect other users' ability to enjoy the services provided by the Website:
  1. (a) by failing to inform an activity organiser about your inability to attend;
  2. (b) by attending an activity against the wishes of the activity organiser; or
  3. (c) by failing to honour the express wish of an activity organiser to remove your name from the list of participants to that activity.
2. 5.2. Comments, Submissions, Posts and Materials
  You, and not MaMyDa, are entirely responsible for all of your public information, including all postings, messages, text, files, images, photos, video, sounds, or other materials that you upload, post, email, transmit or otherwise make available via the Website.
  MaMyDa does not warrant the accuracy, integrity or quality of any user-generated material or information. MaMyDa is not liable for any user-generated information on the Website or elsewhere received from you or other users, including any errors or omissions in information, or for any loss or damage of any kind incurred as a result of use of information from you or other users.
  The Website has or may have facilities which are designed for users to make or add comments, questions, answers, links, poll responses, forum submissions, posts and materials to the Website. The Website has or may also contain bulletin board services, chat areas, news groups, forums, communities, groups, personal web pages, calendars and other message or communication facilities.
  Comments, submissions, posts or material are the opinions, responsibility and legal liability of those who make or add them. MaMyDa accepts no liability for comments, submissions, posts or material by users, whether registered users or otherwise.
  Do not upload files or post messages that contain photos, software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights to them or have received all necessary consents. However, you may make links (ie hypertext links).
  It is a condition of your access to the Website, and in particular use of the Website forum (if any), that you must not make or add any comment, submission, post or material that is in MaMyDa's opinion:
  1. (a) in any way unlawful, threatening, intimidating, harassing, stalking, inflammatory, fraudulent, abusive, indecent or obscene, or would inhibit use and enjoyment of the Website by others;
  2. (b) involving you in contacting anyone who has asked not to be contacted;
  3. (c) defamatory or derogatory of other persons;
  4. (d) infringing the rights of third parties, including breach of privacy obligations, intellectual property rights of others, or their moral rights (as defined in the Copyright Act 1968 (Cth));
  5. (e) untrue, misleading or deceptive;
  6. (f) discriminatory, offensive or capable of inciting violence or hatred;
  7. (g) in breach of any applicable laws or regulations;
  8. (h) commercial advertising;
  9. (i) employs a misleading email address or otherwise manipulates identifiers which disguise the origin of information transmitted through the Website;
  10. (j) an intentional post in an irrelevant category or involving an off the topic comment, a repeated post with the same or similar information unless it is a recurring activity, or an otherwise unreasonable load on the Website;
  11. (k) an attempt to gain unauthorised access to MaMyDa's computer systems or activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website; or
  12. (l) a file or code containing a virus, trojan, malware or worm.
  MaMyDa may at its discretion (but it has no obligation to) review, filter, screen, modify, refuse or delete any comments, submissions, posts or material you make or add to the Website. MaMyDa does not endorse, control or accept liability for user-generated content, messages or information.
  MaMyDa at times may be legally obligated to disclose details, information or other data as regards any submitted or posted materials to law enforcement agencies, intellectual property owners and others, including information relating to IP addresses. MaMyDa may disclose such details as it is required or at its discretion.
3. 5.3. Facility for Registered Users
  If you register as a member or registered user of the Website, you agree that MaMyDa may from time to time send communications to you, such as a enewsletter, notifications regarding your interests, or confirmations regarding your activity in or submissions to the Website.
6. Security
Registered users agree that they are responsible for the security and use of any user names or passwords needed to access or use the Website or any of the services on the Website. They must take all reasonable steps to ensure that their user names and passwords are kept confidential and secure. Registered users must not allow any third party or unauthorised person to access the Website or any of the services on the Website. You must immediately notify MaMyDa of any unauthorised use of your password or any other breach of security. MaMyDa is not liable for any loss or damage arising from your failure to comply with this clause.
7. Third Party Products and Services
No endorsement, recommendation or approval of any third party or its products, services, or websites is intended by any content, links or third party advertisements (including any banner ads containing embedded hyperlinks) on or to the Website. Links are provided only as a convenience. Some third party advertisements contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by MaMyDa, and it is not responsible to you for the goods or services you buy on the third party website.
8. Links Policy
You are welcome and encouraged to create links to the Website. If you are using frames, when they are activated you must ensure they do not continue to display your frames, or frames of others, around the Website pages.
9. Indemnity
You indemnify MaMyDa from and against all claims, demands, actions, losses and damages, costs, charges, fines and expenses (including but not limited to reasonable costs and disbursements on a solicitor and client basis) arising from or incurred due to your activities on or use of the Website, any breach by you of these Terms of Use, any demand or complaint made by another user against you, and any comments, submissions, posts and materials made or added by you or authorised by you for the Website.
10. Disclaimers and Limitation of Liability
1. 10.1. The Trade Practices Act 1974 (Cth) and other legislation confers rights and remedies in relation to the provision of goods and services which cannot be excluded, restricted or modified. Despite anything to the contrary in these Terms of Use, the disclaimers and limitations specified in these Terms of Use only apply to the maximum extent permitted by such legislation and do not exclude, limit or modify remedies under such legislation.
2. 10.2. Under these Terms of Use your use of the Website is at your risk. MaMyDa is not liable to you or anyone else for any damage or loss in connection with use of the Website or any comment, submission, post or material on the Website. As regards use of the Website and tools on it, you release MaMyDa from any claims, demands, and damages and MaMyDa disclaims any and all liability relating to any statement, conduct or inaction relating to any user meetings, activities or participants.
3. 10.3. You should not act on the basis of anything contained in the Website without first obtaining any necessary or prudent professional advice. MaMyDa is not responsible for any damage suffered from the direct or indirect use of the Website. This includes, but is not limited to: expenses and loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by the negligence, errors or omissions of MaMyDa, its officers, employees and contractors, editors, moderators, consultants, and authors.
4. 10.4. The disclaimers and recommendations in the preceding paragraph apply to all content on the Website's web pages, PDFs and other files and documents. The disclaimers and recommendations in the preceding paragraph are not restricted by the detailed provisions below.
5. 10.5. All care and diligence is taken to ensure the accuracy and currency of information. However, MaMyDa, its officers, employees and contractors, editors, moderators, consultants, and authors with content on the Website, and the internet service provider hosting the Website, make no representation and accept no responsibility for any error, omission, service interruption, unreliability, lack of timeliness, inaccuracy, misleading information or anything done or not done if you use, download, or act in reliance on any representation, information or data contained, linked or distributed through the Website.
6. 10.6. The Website and its content is therefore provided 'as is', and to the full extent permitted by the law, without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for purpose or otherwise.
7. 10.7. Further, MaMyDa, its officers, employees and contractors; editors, moderators, consultants, and authors with content on the Website; and the internet service provider hosting the Website, accept no liability for any direct, indirect, incidental, consequential, exemplary, special, or punitive damage (including any loss of profit, revenue or data) whatsoever and howsoever caused, arising from access, use, downloading, or reliance by you or any third party on or of any representation, information, product or service provided on, via or involving the Website, whether relating to a meeting or otherwise, whether in an action of contract, tort (including negligence), criminal law, property, trust, unjust enrichment or statutory law.
11. Termination
Without limitation to other provisions in this Terms of Use, MaMyDa may at its discretion refuse service, suspend or terminate any access or account you may seek or have for the Website. MaMyDa may do so, for example but without limitation, if it believes you will breach or have breached these Terms of Use. This includes any access right you may have as a registered user.
12. Construction
In these Terms of Use, unless the context otherwise requires:
1. (a) a reference to any legislation, regulation, proclamation, ordinance, by-law, industrial award or other statutory instrument or rules includes a reference to all legislation, regulations, proclamations, ordinances, by-laws, industrial award and statutory instruments or rules amending, consolidating or replacing it or made or issued under it;
2. (b) a reference to these Terms of Use is a reference to these Terms of Use as may be varied, supplemented, novated, or replaced from time to time;
3. (c) words in the singular number include the plural and vice versa;
4. (d) headings, underlines, indexes and lists of contents are for convenience only and have no effect on interpretation;
5. (e) including' and like terms mean 'including but not limited to';
6. (f) a failure to comply, observe or perform an obligation constitutes a breach of an obligation; and
7. (g) no rules of construction apply to the disadvantage of one party on the basis that it offered or drafted this Agreement or part of it.
13. General
1. 13.1. Relationship of Parties
  Nothing in these Terms of Use is to be taken to create a fiduciary relationship or a relationship of partnership, agency, employment, trust or joint venture between any of the parties.
2. 13.2. Limitation
  Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website will be barred if it is not filed within one (1) year of the cause of action arising.
3. 13.3. Composition
  These Terms of Use are subject both to any agreement between you and MaMyDa which expressly supersedes these Terms of Use, and, to any mandatory statutory or common law to the contrary applicable in the state of New South Wales, Australia.
4. 13.4. Severability
  If a provision, or part of it, of these Terms of Use is held invalid, unenforceable or illegal by a judicial authority for any reason, then that provision or part must be read down if possible but if that cannot be done then it must be severed and the balance of these Terms of Use will otherwise remain in full force.
5. 13.5. Variation
  These Terms of Use or any part of them may be varied, modified, amended, added to or substituted only by a document in writing executed by the parties.
6. 13.6. Waiver
  No provision of these Terms of Use is to be taken to be waived except by express written consent executed by the party which is claimed to have waived the relevant provision.
7. 13.7. Governing Law and Jurisdiction
  These Terms of Use must be interpreted and governed by the law of the State of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises in relation to them it must be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

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Terms of Use