Website and Mobile App Terms and Conditions of Use
About the Application
- Welcome to Love Destination (the ‘Application’). The Application provides a video-on-demand (VOD) service for everything love, dating and relationships including courses, shows, movies, blogs and other content (the ‘Content’). Our site and apps, the Content, and player for viewing the Content “the “Video Player” and any other features, materials, tools and applications that may be offered by The Love Destination, however accessed, are referred to collectively as the “Services.’
- The Application is operated by The Love Destination PTY. LTD. (ACN 607 636 117) . Access to and use of the Application, or any of its associated Products or Services, is provided by The Love Destination. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.
- Certain Services provided by The Love Destination are provided free of charge. However, the “Love Destination Premium” service requires that a payment be made by you in order to access it. Certain information in these Terms, as set forth in section 4 relates solely to “Love Destination Premium.”
- The Love Destination reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Love Destination updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Love Destination in the user interface.
Subscription to use the Services – “Love Destination Premium”
- In order to access the “Love Destination Premium” Services and unlock content, you must first purchase a subscription through the Application (the ‘Subscription‘) through (i) the website located at lovedestination.com ,or (ii) through a specific device application, for example, through an Iphone application or Android device, or iPad application and pay the applicable fee for the selected Subscription (the ‘Subscription Fee‘).
- In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
- You agree that your Love Destination Premium subscription is for individual use only and limited to five (5) devices. In addition, you agree that not all content will be available on all devices, and that content accessible on one device may not be accessible on another. Additionally, you agree that some content may be geo-restricted and not available in all locations.
- As The Love Destination Service is offered in multiple time zones, a “day” refers to 12:am Eastern Standard Time and ends at 12:00pm Eastern Standard Time that same calendar day.
Premium Subscription through Love Destination Website
- If you obtain your Love Destination Premium subscription on either a monthly or annual plan through the Love Destination website, by providing either a credit card or other payment method accepted by The Love Destination (“Payment Method” for your Premium subscription, you are expressly agreeing that The Love Destination is authorized to charge you a monthly or annual subscription fee as selected, any other fees for additionally services you may purchase, and any applicable taxes in connection with your use of Love Destination to the Payment Method.
- If you would like to make changes to your Payment Method, or if there is a change n your credit card validity or expiration date, please contact our customer service page on our website at lovedestination.com/contact. Should you Payment Method expire and you do not notify us of a change in your Payment Method information or cancel your account, you will no longer be able to access the Love Destination Services that are solely provided to Love Destination Premium subscribers.
- “Billing” shall indicate either a charge or debit, as applicable, against your Payment Method. If you select a monthly plan, the subscription fee and any applicable taxes will be billed to your then-current Payment Method at the expiration of your free trial period, if any, and on each monthly renewal (for monthly plans) thereafter unless and until you cancel your Love Destination Premium subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. For annual plans, your annual subscription fee and any applicable taxes will be billed to your then-current Payment Method at the expiration of your free trial period, if any, and on each annual renewal thereafter unless and until you cancel your Love Destination Premium subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. If you are not eligible for, or are not offered, a free trial period, the subscription fee and any applicable taxes will be billed to your then-current Payment Method immediately upon your registration for your selected Love Destination Premium subscription.
- You Payment Method will be billed automatically each month on the calendar day corresponding to the commencement of your subscription (each such month, a “Monthly Period”). In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. If you change your Payment Method, this could result in changing the calendar day upon which you are billed. If Love Destination changes the subscription fee or other charges for Love Destination Premium from time to time, we will give you advance notice of these changes by email to the address then associated with your account. However, we will not be able to notify you of changes in any applicable taxes.
- Your Love Destination Premium subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each Monthly Period in order to avoid the next billing. If you cancel your subscription, cancellation will be effective at the end of the current Monthly Period; this means that you will have continued access to Love Destination Premium for the remainder of that period, but you will not receive a refund. If you cancel your subscription, you will still have access to those Love Destination Services that do not require payment.
- We reserve the right to pursue any amounts you fail to pay in connection with Love Destination Premium. You will remain liable to Love Destination for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
- Once your free trial period ends, we will begin billing your Payment Method for monthly subscription fees (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.
- Please note that you will not receive a notice from The Love Destination that your free trial period has ended or that your paying subscription has commenced. To avoid charges to your Payment Method, you must cancel Love Destination Premium before the last day of your free trial. To cancel your subscription, please contact customer service through our website at http://www.lovedestination/contact. Unless your subscription is cancelled or otherwise suspended or discontinued pursuant to these Terms, we will continue to bill your Payment Method for your subscription plan on a monthly or annual basis as selected by you.
- To the extend Love Destination Premium subscriptions are offered in conjunction with purchases of, or payment for, third-party products or services, you agree that The Love Destination will not be liable to you for any claims arising out of or related to your purchase or use of such third-party products or services.
Premium Subscription Via Device Application
- If The Love Destination Premium subscription is obtained through a specific device application, Additional Terms will apply to such subscription. For example, if you subscribe to Love Destination Premium through an iPhone application or an iPad application, the Additional Terms located at www.apple.com/legal/internet-services/itunes/us/terms.html will apply to such subscription including, but not limited to, the following terms:
- Payment for such subscription will be charged to your iTunes Account at confirmation of your subscription.
- Your subscription may be managed by going to your iTunes Account Settings.
- Your subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period.
- Your iTunes Account will be charged for renewal within 24-hours prior to the end of the current period.
- No cancellation of the current subscription is allowed during the active subscription period.
- Any unused portion of a free trial period, if offered, will be forfeited when you initiate a subscription.
Accounts and Registration
- As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
– Email address
– Preferred username
– Mailing address
- You warrant that any information you give to The Love Destination in the course of completing the registration process will always be accurate, correct and up to date.
- You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with The Love Destination; or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Your obligations as a Member
As a Member, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
– the Terms; and
– any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Love Destination of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of The Love Destination providing the Services;
- you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of The Love Destination;
- you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by The Love Destination for any illegal or unauthorised use of the Application; and
- you acknowledge and agree that any automated use of the Application or its Services is prohibited.
- Where the option is given to you, you may make payment of the Subscription Fee by way of:
– Credit Card Payment (‘Credit Card’)
– PayPal (‘PayPal’)
- All payments made in the course of your use of the Services are made using Authorize.Net. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Authorize.Net terms and conditions which are available on their Application.
- You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee .
- You agree and acknowledge that The Love Destination can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
The Love Destination will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of The Love Destination makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund‘).
Copyright and Intellectual Property
- The Application, the Services and all of the related products of The Love Destination are subject to copyright. The material on the Application 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 Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by The Love Destination or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by The Love Destination, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
– use the Application pursuant to the Terms;
– copy and store the Application and the material contained in the Application in your device’s cache memory; and
– print pages from the Application for your own personal and non-commercial use.
- The Love Destination does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by The Love Destination.
- The Love Destination retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
– business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
– a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
– 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.
- You may not, without the prior written permission of The Love Destination and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
– all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
– The Love Destination 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 these 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.
- Use of the Application and the Services is at your own risk. Everything on the Application 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 The Love Destination make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of The Love Destination) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- 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 unauthorised access to records;
- the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
- costs incurred as a result of you using the Application, the Services or any of the products of The Love Destination; and
- the Services or operation in respect to links which are provided for your convenience.
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of The Love Destination. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, The Love Destination will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
Limitation of liability
- The Love Destination’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that The Love Destination, 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.
Termination of Contract
- The Terms will continue to apply until terminated by either you or by The Love Destination as set out below.
- If you want to terminate the Terms, you may do so by contacting our customer service department by visiting our customer service web page at http://www.lovedestination/contact. Please note, if you are a Love Destination Premium subscriber, and you terminate your account, such termination will automatically terminate your Premium subscription.
- The Love Destination may at any time, terminate the Terms with you if:
– you have breached any provision of the Terms or intend to breach any provision;
– The Love Destination is required to do so by law;
– the provision of the Services to you by The Love Destination is, in the opinion of The Love Destination, no longer commercially viable.
- Subject to local applicable laws, The Love Destination 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 Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts The Love Destination’s name or reputation or violates the rights of those of another party.
- You agree to indemnify The Love Destination, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
- any breach of the Terms.
- If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
- A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
- On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
– Within 14 days days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
– If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association; Conflict Resolution Service or his or her nominee;
– The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Australia.
- All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
- If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services offered by The Love Destination is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.