2tango – Terms of Use

Background

2tango provides an easy, modern way to make new connections with other people for dating or friendship. Before accessing or using any 2tango services, you must agree to these terms and conditions of use. Please read them carefully.

In these Terms, the following words have special meanings:

2tango means 2TANGO PTY LTD ABN 21 153 412 607

“2tango Software” means any software 2tango makes available for use on a mobile device in connection with the Service.

“Permitted Use” means the use of the Service, by one (1) person per user account, to meet other persons, for the purpose of forming acquaintances, friendship or dating. The Permitted Use does not extend to any commercial or non-personal purposes.

“Policy” or “Policies” means any policy/s or guideline/s we issue in connection with the Service from time to time.

“Service” means this website, the 2tango Software and any related software application or web widget we make available from time to time.

“Terms” means these terms, including any changes or updated versions that 2tango issues from time to time.

“you” and “your” means you, the user of the Service.

Your use of the Service

To use this Service, you must:

(a) be a minimum of 18 years of age or the age of majority in your jurisdiction, whichever is higher;

(b) abide by the Terms;

(c) be a natural person; and

(d) not breach any laws in your jurisdiction by accessing or using the Service.

By accessing, downloading, using, or subscribing to the Service (whether paid or unpaid) you represent that you have read and understood the Terms and agree to be bound by them.

If at any time you do not agree with the Terms, you must stop using the Service.

Ownership of the Service

You acknowledge that that 2tango retains all intellectual property rights in or connected to the Service and that no such rights will vest in you under any circumstances except as expressly set out in these Terms.

Nothing in these Terms gives rise to a sale of any part of the Service to you or any intellectual property rights therein.

Licence

In consideration of, amongst other things, your undertaking to comply with the Terms and (if applicable) any fee or subscription required to be paid by you in connection with the Service, 2tango grants you a non-exclusive, non-transferable, worldwide, revocable licence (without right of sub-licence or assignment) to use the Service for the Permitted Use.

Policies

Please ensure that you read any Policies carefully. You agree to (and must ensure that you) abide by any Policies as a condition of your use of the Service, though the Policies themselves do not form part of the Terms.

User conduct

In connection with your access to and use of the Service, you must not:

(a) submit or transmit any material which is illegal or for an illegal purpose;

(b) submit or transmit any material which is racist, objectionable, defamatory, or offensive or vilifies or incites hatred against any person or group of people;

(c) submit or transmit any material which is indecent, offensive, or is otherwise inappropriate;

(d) submit or transmit any material which depicts violence or cruelty;

(e) harass, “stalk”, threaten or abuse other users of the Service;

(f) transmit or submit material, or, otherwise use the Service in a way, which infringes the intellectual property rights of any person;

(g) submit or transmit material whose submission or transmission may constitute a tort or breach of contract;

(h) misrepresent who you are, including your gender, appearance or sexual orientation;

(i) promote other businesses or websites, including by sending unsolicited offers, promotions, advertising, spam or any other form of solicitation;

(j) attempt to circumvent any restrictions built in to the 2tango Software, or, that 2tango imposes on access to information about other users of the Service;

(k) attempt to circumvent or compromise any security features or architecture of the Service or that a third party;

(l) disseminate viruses or any kind of malicious code;

(m) create more than one user (1) profile per person;

(n) submit or transmit misleading or inaccurate information via the Service;

(o) use any robot, scraper or automated process to access this website without 2tango’s prior written consent;

(p) solicit any personal information from another user, such as passwords, PINs, account numbers;

(q) attempt to connect or engineer the Service to operate other software or devices, other than as reasonably necessary for the Permitted Use via a web browser or by running the 2tango Software on a personal, mobile device operating in accordance with the manufacturer’s specifications and guidelines;

(r) infringe 2tango’s intellectual property rights, including copyrights and any trademarks in the Service;

(s) use or attempt to use the Service for any navigation or emergency location purpose;

(t) do anything which would violate any applicable laws, whether local or international;

(u) do anything which in the reasonable opinion of 2tango is not for the Permitted Use;

(v) do anything which is likely to interfere with the availability of the Service or its use by other users.

Liability

You acknowledge that you:

(a) use the Service solely at your own risk;

(b) are responsible for any material that you submit or transmit by way of the Services;

(c) are responsible for any personal information you provide to other users of the Service (2tango does not recommend that you divulge personal information such as your address, email or telephone numbers)

(d) the location functionality in the Service is not suitable for navigation or emergency location purposes.

2tango is not responsible and disclaims any liability for any material that is submitted or transmitted by any person through the Service, other than material submitted or transmitted by 2tango. Without limiting the above, 2tango may, in its sole discretion, modify or remove any material submitted or transmitted by any person through the Service.

Subject to any applicable non-excludable statutory protections, including under the Australian Consumer Law or any applicable State consumer or fair trading legislation, Mobile Co:

(a) provides the Services on an “as is” and “as available” basis;

(b) disclaims all representations, warranties and conditions of any kind with respect to the Service and any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership;

(c) does not warrant that your use of the Service will be secure, uninterrupted, always available, error-free or will meet your requirements;

(d) takes no responsibility or incurs any liability for the Service or any part of it being unavailable;

You agree and acknowledge that 2tango does not control, is not responsible for, nor does it endorse, the content of user submissions or transmissions which may be accessible by you or sent to you in the course of using the Service.

Under no circumstances will 2tango be liable for any claim, loss or damage resulting, directly or indirectly, from any person’s:

(a) access, viewing or use of material available on the Service; or

(b) use of the Service

Notwithstanding the above, in the event, that 2tango is found liable, its total liability shall not exceed the total of any subscription fees paid by you in the preceding twelve (12) months.

Monitoring

2tango has no obligation to monitor the use of the Service, however, you acknowledge and consent to 2tango at any time monitoring and recording your use of the Service, including any material which you submit or transmit by way of the Service.

2tango may use these records to investigate any complaints about your use of the Service or suspected breaches of the Terms. 2tango may disclose such records at any time where it feels it reasonably necessary to do so by law, to comply with a lawful request for that information from a competent authority or to assist the police in the conduct of an investigation.

Further details of how this information may be used are set out in 2tango’s Privacy Policy.

Security of access

You acknowledge that it is your responsibility to ensure that you keep details of your access username and password secure and release 2tango from any liability arising from your failure to do so.

Indemnity

You indemnify and will keep indemnified 2tango from any loss or damage whether direct or indirect, special or consequential (including all claims, actions, losses, costs, legal fees on a full indemnity basis, economic loss) arising from:

(a) any breach by you of the Terms; or

(b) any infringement of the rights of a third party by you.

Modification of Agreement

2tango may change the Terms at any time.

2tango may notify of a change to the Terms by:

(a) displaying a notice on the 2tango website about the change or via the 2tango Software; or

(b) emailing you advising you of the change or by other electronic means.

You acknowledge that 2tango is not responsible for any failure of a notice sent by email or displayed on the 2tango website or 2tango Software to be read by you, for any reason, and that it is your responsibility to periodically check the Terms for any changes made from time to time.

Privacy

You acknowledge and agree that your use of the Service is subject to the 2tango Privacy Policy, as amended from time to time, and consent to the information 2tango receives or collects about you arising from your use of the Service being used in accordance with the 2tango Privacy policy.

Modification, suspension or termination, suspension of Service

2tango may modify, suspend or discontinue the Service at any time in its sole discretion.

2tango may, at any time:

(a) disable all or part of your access to the Service;

(b) modify, edit or remove your user profile on the Service;

(c) terminate your access to the Service permanently at any time by giving you three (3) days written notice;

(d) terminate this agreement (including your licence to use the Service) without notice to you if you are in breach of the Terms;

You may terminate your registration at any time by providing written notice to us at admin@2tango.com

Member disputes

You acknowledge that you use the Service at your own risk and that you are solely responsible for ensuring that you protect your security when interacting with other users.

2tango may, but has no obligation to do so, investigate any complaints or notifications of disputes between users of the Service.

User submissions

The Service allows you to submit and transmit photos and text and may allow other file types from time to time.

Any material submitted or transmitted by you must not:

(a) show any person other than yourself, unless you have first obtained a written consent from that person to show them;

(b) show any animal; and

(c) show nudity, be lewd or pornographic.

You grant 2tango a non-exclusive, irrevocable, worldwide, royalty-free, transferable licence (including a right of sub-licence and assignment) to use and reproduce any material you transmit or submit using the Service.

You warrant that any material that you transmit or submit using the Service:

(a) is owned by you or that you have the right to transmit or submit it (including any consents or releases from any person who is identifiable in such material), including the right to grant any licences under the Terms;

(b) does not infringe the intellectual property rights of any person (including copyright, trademarks, patents, design rights, moral rights, the right to keep confidential information, confidential and any right to apply for registration of these rights).

Use of 2tango Software

You must ensure that you have the right to use a compatible mobile device in order to run the 2tango Software.

2tango makes no warranty that the 2tango Software will be compatible with your mobile device.

2tango may, but is not obliged to, update the 2tango Software from time to time. This may occur via automatic download to your mobile device. You consent to such updates and agree that 2tango is not responsible for any costs you incur in connection with them.

You acknowledge that the Terms apply to any updated versions of the 2tango Software, your use of which constitutes continued acceptance of the Terms.

You must:

(a) only use the 2tango Software for the Permitted Use;

(b) not permit any third party to use the 2tango Software;

(c) not reproduce, modify or adapt the 2tango Software or create any derivative works based upon it;

(d) not de-compile, disassemble or otherwise reverse engineer the 2tango Software or permit any third party to do so.

If any open-source or third-party code is incorporated into the 2tango Software, that code is subject to the terms of the applicable open-source of the applicable open-source or third-party user licence.

Subscription

2tango may introduce a premium paid subscription membership.

Subject to any non-excludable rights at law any paid subscription is non-refundable.

If you elect to have automatic renewals of your subscription to the Service, your credit card details may be stored by 2tango’s payment provider. To allow for processing time, your credit card will be charged for the renewal two (2) days before expiry of a current subscription.

You may cancel an automatic subscription, remove or change your credit card details by accessing your user profile.

If your paid subscription expires or is cancelled, then your access and usage rights of the Service will revert to the standard, non-paid registration or may be blocked.

Third party advertising

You acknowledge that:

(a) 2tango may display links to third party websites and/or display advertisements that include links to third party website, on the Service; and

(b) 2tango does not endorse nor is it liable for the content of any advertisements or third party websites which are displayed or linked to, as is relevant, from the Service.

Additional terms

Entire agreement The Terms represent the entire agreement between you and 2tango and supersede any earlier agreements or understandings.

No waiver A failure by 2tango to exercise any right under the Terms is not a waiver of that right and 2tango may, in its discretion, exercise or continue to exercise that right at any time.

Headings Headings are for convenience only and do not affect the interpretation of the Terms

Severance If any part of the Terms is deemed to be invalid or unenforceable, it will be read down or severed such that the remainder of the Terms remain in full effect.

Interpretation of Terms

In the event of:

(a) ambiguity in interpreting one or more provisions in these Terms, the provision/s will not be interpreted against a party merely because that party was responsible for the inclusion of the provision/s in the Terms;

(b) any inconsistency between these Terms and a Policy, these Terms will prevail to the extent of that inconsistency.

Governing law The Terms will be governed by and construed in accordance with the laws of the Australian Capital Territory, Australia save that choice of law principles will not apply and the parties submit to the non-exclusive jurisdiction of the courts of that State.