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Terms of use

ChatCabin Pty Ltd
General Terms and Conditions
Last updated 30 January 2020

Preamble
Welcome to the ChatCabin Pty Ltd. The following terms and conditions are regulating the relationship between the ChatCabin Pty Ltd. and their customers using any of the service.
In these terms and conditions, "us", "we" or "our" means ChatCabin Pty Ltd. (91637153907 ).
It is important to us that you understand these terms and conditions which relate to your use of www.chatcabin.com (the "ChatCabin Pty Ltd. Sites").
If you do not agree with the Terms, you must cease usage of the ChatCabin Pty Ltd. Sites, or any of the services on the ChatCabin Pty Ltd. Sites, immediately.
If you have any questions, please contact us at dataprivacy@ChatCabin.com or via the contact us page.
1 Agreement
1.1 By accessing and using the ChatCabin Pty Ltd. Sites, you agree to be bound by these terms and conditions, our Privacy Policy, SEO and any other terms and conditions, notices and disclaimers displayed elsewhere on the ChatCabin Pty Ltd. Sites relating to your use of the ChatCabin Sites ("ChatCabin Pty Ltd. Terms").
1.2 We may change the ChatCabin Pty Ltd. Terms at any time. If we do, an amended version of the ChatCabin Pty Ltd. Terms will be posted on the ChatCabin Pty Ltd. Sites. You are responsible for ensuring that you regularly review the ChatCabin Pty Ltd.
1.3 Terms and your continued use of the ChatCabin Pty Ltd. Sites after any changes are made to the ChatCabin Pty Ltd. Terms will be deemed to constitute your acceptance of those changes.
1.4 If you object to any changes to the ChatCabin Pty Ltd. Terms, or otherwise become dissatisfied with your membership of the ChatCabin Pty Ltd. Sites, your only remedy is to immediately:
1.4.1 discontinue your use of the ChatCabin Pty Ltd. Sites; and/or
1.4.2 terminate your membership in accordance with the ChatCabin Pty Ltd. Terms.
2 Membership and subscription
2.1 In order to access the ChatCabin Pty Ltd. Sites, you must first register for an account.
2.2 You must be at least 18 years old to become a member of the ChatCabin Pty Ltd. Sites. You must not attempt to register if you are under 18 years old.
2.3 When registering as a member of ChatCabin Pty Ltd. Site, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account page on the relevant ChatCabin Pty Ltd. Site.
2.4 As part of the registration process, or as part of your continued use of ChatCabin Pty Ltd. Sites, you may be required to provide personal information about yourself (such as identification or contact details), including:
2.4.1 Email address;
2.4.2 Preferred username; and
2.4.3 Password.
2.5 As a member of an ChatCabin Pty Ltd., you are permitted to create one profile for yourself on that ChatCabin Pty Ltd. Site. You must not create multiple member profiles on the one ChatCabin Pty Ltd. Site.
2.6 All personal information you provide to us will be treated in accordance with our Privacy Policy that can be found on our website.
3 Termination and suspension
3.1 You may terminate your membership of ChatCabin Pty Ltd. Site for any reason only by providing written notice to us. You can provide notice of termination by:
3.1.1 selecting 'cancel account' within your Account settings and following the instructions;
3.1.2 mailing it to our postal address listed on the About Us page;
3.1.3 emailing us via the Contact Us page.
3.2 We reserve the right to, without limitation, do any or all of the following in relation to your membership:
3.2.1 suspending your membership;
3.2.2 permanently or temporarily hide all or part of your member profile;
3.2.3 modify your member profile;
3.2.4 terminate your membership for any reason by providing notice to you by email;
3.2.5 terminate your membership immediately without notice to you if you have committed a breach of the ChatCabin Pty Ltd. Terms;
3.2.6 deactivate your membership if you have not used the ChatCabin Pty Ltd. Site for a period of 12 months or more (from the date of last use);
3.2.7 permanently or temporarily block your access to all or part of the ChatCabin Pty Ltd. Sites.
3.3 Subject to local applicable laws, ChatCabin Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the ChatCabin Pty Ltd Sites or services without notice if you breach any provision of the ChatCabin Pty Ltd Terms or any applicable law or if your conduct impacts ChatCabin Pty Ltd 's name or reputation or violates the rights of those of another party.
4 Service and features
4.1 You may become a member of the ChatCabin Pty Ltd. Sites at no cost. As a member you will have the ability to access some, but not all, of the features and services on the relevant ChatCabin Pty Ltd. Site.
4.2 As a member, you will also have the ability to access chargeable features and services available on the ChatCabin Pty Ltd. Sites (such as communicating with other members, subscription services or any other chargeable service or feature that becomes available from time to time). All purchased services and items (such as virtual currency, etc.) are not refundable at anytime and under any circumstances after purchase.
4.3 Further details and any additional terms and conditions (including pricing) relating to chargeable features and services will be made available on the ChatCabin Pty Ltd. Sites. Any such additional terms and conditions form part of the ChatCabin Pty Ltd. Terms.
4.4 We do not accept cash payments for chargeable services or features. Please refer to the available payment methods elsewhere on the ChatCabin Pty Ltd. Sites.
4.5 We reserve the right to change the pricing for any chargeable service or feature on the ChatCabin Pty Ltd. Sites at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of the ChatCabin Pty Ltd. Site or terminate your membership in accordance with the ChatCabin Pty Ltd. Terms.
4.6 Unless expressly stated otherwise, the pricing for use of any chargeable service or feature on the ChatCabin Pty Ltd. Sites will be stated GST inclusive. Where GST applies, we will deduct the GST we incur from each payment and will issue you with a tax invoice. The balance of the payment will be credited to your account.
4.7 In the event of unusual activity, we reserve the right to temporarily or permanently suspend payment via your credit card and contact you, your bank or any other relevant third party to report such unusual activity.
4.8 While we use reasonable endeavours to ensure that the ChatCabin Pty Ltd. Sites are available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the ChatCabin Pty Ltd. Sites may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.
4.9 We reserve the right to change or discontinue any service or feature of the ChatCabin Pty Ltd. Sites in whole or in part any time.
4.10 You are not permitted to transfer any services or features purchased by you to any other person.
5 Secure access
5.1 You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session.
5.2 We may at any time request a form of identification to verify your identity and/or your compliance with the ChatCabin Pty Ltd. Terms.
6 Content
6.1 Any images, sounds, or text (Content) that you transmit or post on ChatCabin Pty Ltd. Site, or otherwise transmit to any other member of ChatCabin Pty Ltd. Site by any other means, must be complete and accurate.
6.2 You agree not to post or transmit on ChatCabin Pty Ltd. Site, or otherwise transmit to any other member of ChatCabin Pty Ltd. Site by any other means, Content that:
6.2.1 is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
6.2.2 is false or misleading in any way;
6.2.3 infringes the rights of any third party;
6.2.4 you do not have a right to make available under any law or contractual obligation;
6.2.5 is sexually explicit or contains sexual references / innuendo;
6.2.6 pertains to group sexual activity or soliciting contact for the purpose of extra marital (marital, de facto or relationship) encounters or affairs;
6.2.7 contains restricted or password only access pages, or hidden content; or
6.2.8 contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
6.3 Without limiting the above, you must not transmit or post on ChatCabin Pty Ltd. Site, or otherwise transmit to any other member of ChatCabin Pty Ltd. Site by any other means, any images that contain:
6.3.1 images of any person other than you;
6.3.2 nudity;
6.3.3 images of animals;
6.3.4 a cartoon or illustration.
6.4 You are solely responsible for Content that you transmit or post on ChatCabin Pty Ltd. Site, or otherwise transmit to any member of ChatCabin Pty Ltd. Site by any other means.
6.5 We are not responsible for, and accept no liability with respect to, any Content transmitted or posted on the ChatCabin Pty Ltd. Sites, or otherwise transmitted to any member of ChatCabin Pty Ltd. Site by any other means, by any person.
6.6 We reserve the right, but have no obligation, to review Content transmitted or posted on the ChatCabin Pty Ltd. Sites, or (where possible) otherwise transmitted to any member of ChatCabin Pty Ltd. Site by any other means.
6.7 Without limiting your responsibilities under the ChatCabin Pty Ltd. Terms, we reserve the right to modify and/or remove any Content that, in our opinion, violates the ChatCabin Pty Ltd. Terms or otherwise has the potential to harm, endanger or violate the rights of any person.
6.8 We do not make any representations or warranties as to the accuracy, reliability or completeness of any Content posted or transmitted on the ChatCabin Pty Ltd. Sites, or otherwise transmitted to any other member of ChatCabin Pty Ltd. Site by any other means, by any person. Furthermore, we do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on Content posted or transmitted on the ChatCabin Pty Ltd. Sites, or otherwise transmitted to any other member of ChatCabin Pty Ltd. Site by any other means.
7 Use of the ChatCabin Pty Ltd. sites and prohibited activities
7.1 You agree not to use the ChatCabin Pty Ltd. Sites (or contact any other member of ChatCabin Pty Ltd. Site) to:
7.1.1 defame, abuse, harass, stalk, threaten or otherwise offend others;
7.1.2 engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
7.1.3 impersonate or create a profile for any person or entity;
7.1.4 promote, or provide information about, illegal activities or conduct;
7.1.5 promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
7.1.6 exploit any person under the age of 18, or to solicit information from anyone under 18; or
7.1.7 solicit money, passwords or personal information from any person.
7.2 You also agree not to
7.2.1 use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the ChatCabin Pty Ltd. Sites;
7.2.2 "frame" or "mirror" any part of the ChatCabin Pty Ltd. Sites without our prior written authorization;
7.2.3 use code or other devices containing any reference to the ChatCabin Pty Ltd. Sites to direct other persons to any other web page;
7.2.4 automate use of the ChatCabin Pty Ltd. Sites;
7.2.5 except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the ChatCabin Pty Ltd. Sites or cause any other person to do so.
7.3 The ChatCabin Pty Ltd. Sites are for the personal use of individual members only. Businesses, groups, organizations and companies are prohibited from registering as members. The ChatCabin Pty Ltd. Sites must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing / linking to the ChatCabin Pty Ltd. Sites is prohibited.
7.4 We have no obligation to monitor any member's use of ChatCabin Pty Ltd. Site, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
8 Safe interaction, complaints and disputes
8.1 Unfortunately, it is possible that other members of ChatCabin Pty Ltd. Site may use the ChatCabin Pty Ltd. Site in violation of the ChatCabin Pty Ltd. terms. For example, it is possible that another member may post or transmit on the ChatCabin Pty Ltd. Site Content that is obscene or offensive, or use the ChatCabin Pty Ltd. Site to harass you.
8.2 We take your online and offline security very seriously. As such, we have prepared some Safe Dating guidelines to help you enjoy your experience on the ChatCabin Pty Ltd. Sites and avoid problems when interacting with other members.
8.3 We urge you to be cautious when interacting with other members of ChatCabin Pty Ltd. Site. You should carefully select the Content that you post or transmit on ChatCabin Pty Ltd. Site, or otherwise transmit to any other member by any other means. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your member profile. Any Content that you transmit or post on ChatCabin Pty Ltd. Site, or otherwise transmit to any other member of an ChatCabin Pty Ltd. Site by any other means, will be considered non-confidential.
8.4 If you are experiencing problems with any other member of ChatCabin Pty Ltd. Site and would like to make a complaint, please send us an email via the Contact Us page. Note that you can also use the 'ChatCabin Pty Ltd. block' feature if you wish to stop any other member from contacting you.
8.5 We may record and store any information relating to any complaint made against you.
8.6 We reserve the right, but have no obligation, to monitor disputes between members of ChatCabin Pty Ltd. Site.
8.7 You agree to hold us harmless in connection with any dispute or claim that you make against any other member of ChatCabin Pty Ltd. Site.
9 Intellectual property
9.1 The ChatCabin Pty Ltd. Sites and all of the related services and products of us are subject to copyright.
9.2 The material on the ChatCabin Pty Ltd. Sites is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the services and compilation of the ChatCabin Pty Ltd. Sites (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the services are owned or controlled for these purposes, and are reserved by ChatCabin Pty Ltd or its contributors.
9.3 All trademarks, service marks and trade names are owned, registered and/or licenced by ChatCabin Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a member to:
9.3.1 use the ChatCabin Pty Ltd. Sites pursuant to the ChatCabin Pty Ltd. Terms;
9.3.2 copy and store the ChatCabin Pty Ltd. Sites and the materials contained in the ChatCabin Pty Ltd. Sites in your device’s cache memory; and
9.3.3 print pages from the ChatCabin Pty Ltd. Sites for your own person and non-commercial use.
9.4 ChatCabin Pty Ltd does not grant you any other rights whatsoever in relation to the ChatCabin Pty Ltd. Sites or its services. All other rights are expressly reserved by ChatCabin Pty Ltd.
9.5 We own and retain all proprietary rights in and relating to the ChatCabin Pty Ltd. Sites. Proprietary rights in and relating to the ChatCabin Pty Ltd. Sites must not be used in any way without our prior written consent.
9.6 Nothing you do on or in relation to the ChatCabin Pty Ltd. Sites will transfer any:
9.6.1 business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
9.6.2 a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
9.6.3 a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
to you.
9.7 You warrant that any Content that you post or transmit on ChatCabin Pty Ltd. Site, or otherwise transmit to any other member of ChatCabin Pty Ltd. Site by any other means, will not infringe the intellectual property rights of any third party.
9.8 Subject to our obligations under our Privacy Policy you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your Content for any purpose. You warrant that you have the right to grant us such rights.
9.9 No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any Content posted or transmitted on ChatCabin Pty Ltd. Site, or otherwise transmitted to any member of ChatCabin Pty Ltd. Site, other than their own Content, without the express written permission of the relevant owner.
9.10 If you believe that any Content has been posted or transmitted on ChatCabin Pty Ltd. Site, or otherwise transmitted to any member of ChatCabin Pty Ltd. Site by any other means, in violation of your rights, please send us an email via the Contact Us page.
10 External activities
10.1 From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (External Activities).
10.2 External Activities may be subject to separate terms and conditions.
10.3 You acknowledge that you participate in any External Activities entirely at your own risk.
10.4 In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.
10.5 In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the ChatCabin Pty Ltd. Terms, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.
11 Third party websites and advertising
11.1 From time to time, the ChatCabin Pty Ltd. Sites may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the ChatCabin Pty Ltd. Sites and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave the ChatCabin Pty Ltd. Site entirely at your own risk.
11.2 From time to time, the ChatCabin Pty Ltd. Sites may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
12 Limitation of liability and indemnity
12.1 You acknowledge that you use the ChatCabin Pty Ltd. Sites at your own risk.
12.2 You acknowledge that, to the maximum extent permitted by law, we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the ChatCabin Pty Ltd. Sites, or any other members' use of or conduct in connection with the ChatCabin Pty Ltd. Sites, in any circumstance.
12.3 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the ChatCabin Pty Ltd. Sites, including any breach by you of the ChatCabin Pty Ltd. Terms.
12.4 To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on the ChatCabin Pty Ltd. Sites purchased by you during the term of your membership.
12.5 To the maximum extent permitted by law, we exclude all liability for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
12.6 You expressly understand and agree that ChatCabin Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

13 General disclaimer
13.1 Nothing in the Chat Cabin Pty Ltd Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian and European Consumer Law (or any liability under them) which by law may not be limited or excluded.
13.2 Subject to this clause, and to the extent permitted by law:
13.2.1 all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Chat Cabin Pty Ltd Terms are excluded; and
13.2.2 Chat Cabin Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the services or the Chat Cabin Pty Ltd Terms (including as a result of not being able to use the services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
13.3 Use of the Chat Cabin Pty Ltd Sites and the services is at your own risk. Everything on the Chat Cabin Pty Ltd Sites and the services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Chat Cabin Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or services of Chat Cabin Pty Ltd) referred to on the Chat Cabin Pty Ltd Sites. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
13.3.1 failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
13.3.2 the accuracy, suitability or currency of any information on the Chat Cabin Pty Ltd Sites, or any of its services related products (including third party material and advertisements on the Chat Cabin Pty Ltd Sites);
13.3.3 costs incurred as a result of you using the Chat Cabin Pty Ltd Sites, the services or any of the products of Chat Cabin Pty Ltd; and
13.3.4 the services or operation in respect to links which are provided for your convenience.

14 General
14.1 No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the ChatCabin Pty Ltd. Terms or your use of the ChatCabin Pty Ltd. Sites.
14.2 The ChatCabin Pty Ltd. Terms represent the entire agreement between you and us regarding your use of the ChatCabin Pty Ltd. Sites.
14.3 If any provision of the ChatCabin Pty Ltd. Terms is held to be invalid, the remainder of the ChatCabin Pty Ltd. Terms shall continue in full force and effect.
14.4 You agree that the ChatCabin Pty Ltd. Terms will be governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the ChatCabin Pty Ltd. Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The ChatCabin Pty Ltd. Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
14.5 All parties confirm and declare that the provisions of the ChatCabin Pty Ltd. Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the ChatCabin Pty Ltd. Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade..
14.6 We take your privacy seriously and any information provided through your use of the ChatCabin Pty Ltd. Sites and/or services are subject to our Privacy Policy which is available on ChatCabin Pty Ltd. Sites.

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