Humpday Terms of Service (“Terms”)
Your acceptance of these Terms forms a contract between you and Humpday Dating Pty Ltd (ACN 668 666 395) (“Humpday") and, like any meaningful relationship, it’s essential that you know our Terms prior to using the Humpday application (“Humpday App”).
Please read these Terms carefully before enjoying Humpday App. Once you commence using the Humpday App, you will be legally bound by these Terms. If you do not wish to be bound by these Terms, do not use the Humpday App.
Your use of the Humpday App is also subject to the Humpday’s Privacy Policy, Humpday’s Safety Guidelines and Humpday’s Community Guidelines.
We reserve the right to amend the Terms at any time. Notice of any material change will be posted on www.humpdaydating.com/terms with an updated effective date. We may or may not notify you of a change to these Terms via email or other means, as appropriate under the circumstances. However, you are responsible for regularly checking www.humpdaydating.com/terms for notice of any changes.
Acceptance of any change to these Terms will be inferred by continued use of Humpday. If you do not wish to be legally bound by these updated Terms, you should stop using the Humpday App immediately.
1. Eligibility
To use the Humpday App, you will need to create an account (“Account”). To create an Account, you must:
Be at least 18 years old;
Be seeking a meaningful relationship;
Be legally qualified to enter a binding contract with Humpday
Not have more than one Humpday Account; and
Not have previously been removed from the Humpday App by us, unless you have our express written permission to create a new account.
Not be prohibited by law from using the Humpday App;
Not have been convicted of or pled guilty to an indictable criminal offence (or crime of similar severity), a sex crime, or any crime involving violence;
Not be registered as a sex offender with any state or national sex offender registry;
If at any time you cease to meet these requirements, you must delete your Account immediately. Failure to do so, we will retain the right to delete your Account without warning.
2. Your Use of the Humpday App
At all times that you are using the Humpday App, you agree to:
Comply with these Terms, and check www.humpdaydating.com/terms from time to time to ensure you are aware of any change to these Terms.
Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements
Use the latest version of the Humpday App.
Be respectful when communicating with any of our customer care representatives or other employees
Comply with Humpday’s Safety Guidelines
Comply with Humpday’s Community Guidelines
Maintain a strong password and take reasonable measures to protect the security of your login information; and
Present your authentic self by adding at least four recent photos that show your face.
You agree that you will not:
Misrepresent yourself in any way, including without limitation your identity, age, current or previous positions, qualifications, or affiliations with a person or entity
Use our Services in a way that damages our Services or prevents their use by other users
Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks
Access, tamper with, or use non-public areas of the Humpday App or our systems or make any attempt to do so.
Use our Services for any harmful, illegal, or nefarious purpose
Harass, bully, stalk, intimidate, assault, defame, harm, or otherwise mistreat any person
Post or share Prohibited Content (see Section 4)
Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without their permission
Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation
Use another user’s Account
Use our Services in relation to fraud, a pyramid scheme, or other similar practice
Violate the terms of the license granted to you by Humpday (see Section 6).
Disclose private or proprietary information that you do not have the right to disclose
Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Humpday’s prior written consent
Express or imply that any statements you make are endorsed by Humpday
Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method, or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents
Scrape or replicate any part of the Humpday App or any content taken from the Humpday App without our prior consent This includes by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement with us.
Upload viruses or other malicious code or otherwise compromise the security of our Services
Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services
“Frame” or “mirror” any part of our Services without Humpday’s prior written authorisation
Use meta tags or code or other devices containing any reference to Humpday or the platform (or any trademark, trade name, service mark, logo or slogan of Humpday) to direct any person to any other website for any purpose
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so
Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent
Use, access, or publish the Humpday application programming interface without our written consent
Probe, scan or test the vulnerability of our Services or any system or network; or
Encourage, promote, or agree to engage in any activity that violates these Terms.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Humpday, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.
Humpday reserves the right at our sole discretion to terminate or suspend any Account, restrict access to the Humpday App, to make use of any operational, technological, legal, or other means available to enforce these Terms (including without limitation blocking specific IP addresses) at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice:
For violating these Terms;
For inappropriate or improper conduct on the Humpday App, or your conduct with other users of the Humpday App including both online and offline conduct, as per our sole discretion;
For inappropriate or improper conduct on other apps operated by our affiliates, as per our or their sole discretion;
For any reasons deemed in our sole discretion to justify termination or suspension of your Account.
3. The Safety of the Humpday Community
It is important you carefully read the Humpday Safety Guidelines as they outline the safety features purpose built into the Humpday App and other safety resources to be aware of.
You can notify and report inappropriate Member Content by contacting us at hihello@humpdaydating.com. You can report a user directly in the Humpday App via the chat of the particular user you wish to report, selecting the settings icon and subsequently “Report and Block”.
By accepting these Terms, you understand that we don’t control any of the things that users say or do and you are solely responsible for your interactions with other users of the Humpday App, both online and offline.
You acknowledge and agree that you are solely responsible for the manner in which you use the Humpday App, who you connect with online and offline when using the Humpday App and the relationship (if any) that you form with any person using the Humpday App. You must form your own opinion in terms of the safety and compatibility of any person you may meet via the Humpday App.
You understand that Humpday does not currently conduct criminal background checks on its users. Humpday reserves the right to conduct any criminal background check or any other screenings at any time and to use available public records for any purpose.
You agree to, and hereby do, release Humpday and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the Humpday App.
If you do feel the need to cease use of Humpday, you can delete your Account via the Humpday App at any time by going to your “Account Settings” and selecting “‘Delete Account”. Your Account will be deleted immediately, but it may take some time for Your Content (Section 4) to be completely removed from the Humpday App. Your profile information will be treated in accordance with our Privacy Policy.
Humpday will not be liable if you are unable to use the Humpday App due to any incompatibility or fault or incorrect configuration of your equipment or an interference, network congestion or outages on the network connecting you with the Humpday App. You acknowledge and agree that Humpday does not control the transfer of data over communications facilities.
4. Content
You will be able to access the following Content on the Humpday App:
Content that you upload and provide (“Your Content”)
Content that another member provides (“Member Content”); and
Content that Humpday provides (“Our Content”).
We cannot allow Content on the Humpday App that:
Contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, or physical Appearance)
Is obscene, pornographic or violent or condones any of those things
Is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred, or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity, vaccine status or physical Appearance)
Encourages any illegal activity including, without limitation, terrorism, illicit drug use or possession, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence or otherwise is intended to mislead or deceive another person
Is defamatory, libelous, or untrue
Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers)
Involves the transmission of “junk” mail or “spam”
Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, trojan horse or any other virus or other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Humpday or otherwise
Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights)
Was not written by you or was automatically generated unless expressly authorised by Humpday
Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian)
Is harmful to minors
Is inconsistent with the intended use of the Services; or
May harm the reputation of Humpday or its affiliates.
The safety of the Humpday community is of the utmost importance. Humpday operates a zero-tolerance policy for inappropriate content or behaviour both on and off the Humpday App. A team of moderators, in conjunction with automated systems, monitor and review accounts and messages for content or behaviour that breaches these Terms. The uploading or sharing of content that violates these terms (“Prohibited Content“) will result in immediate termination of your Account.
We encourage you to report any inappropriate Member Content or behaviour by emailing hihello@humpdaydating.com. You can also report a user directly from the Humpday App via the chat of the particular user you wish to report, selecting the settings icon and subsequently “Report and Block”.
4.a. Your Content
You agree that Your Content must comply with our Community Guidelines, as updated from time to time. You are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made by any person in connection with Your Content.
You may not display others’ personal contact or banking information on your individual profile page. We strongly advise you to not share your own personal contact or banking information on your profile or via email or otherwise, and if you do choose to reveal any personal information about yourself to other users, it is at your own risk.
As Humpday is a public community, Your Content will be visible to other users of the Humpday App. As such, you agree that Your Content may be viewed by other users on the Humpday App. By uploading Your Content on Humpday, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above licences to our affiliates and successors without any further approval by you.
We do not have any obligation to store Your Content.
4.b. Member Content
Member Content belongs to the user who posted the content and is stored on our servers and displayed via the Humpday App at the direction of the user providing the Member Content.
You do not have any rights in relation to the other users’ Member Content, and you may only use their personal information to the extent that your use of it matches Humpday’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
All legislative provisions of any relevant jurisdiction, including without limitation, Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998 Apply to all Member Content that you provide when using the Humpday App. If you have a complaint about Member Content, please email us at hihello@humpdaydating.com.
4.c. Humpday’s Content
All other content on the Humpday App (including all text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property) is owned, controlled or licensed by Humpday is protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Humpday’s Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Humpday’s Content, without the right to sublicense, under the following conditions:
You will not use, sell, notify, or distribute Humpday’s Content except as permitted by the functionality of the Humpday App;
You will not use our name in metatags, keywords and/or hidden text;
You will not create derivative works from Humpday’s Content or commercially exploit Humpday’s Content, in whole or in part, in any way; and
You will only use Humpday’s Content for lawful purposes only.
We reserve all other rights.
We have no obligation to pre-screen content. Humpday is an online community, and we therefore don’t assume any obligation to pre-screen any of your Content or any Member Content.
However, there may be times where we need to get involved, and we reserve the right to review, pre-screen, refuse and/or remove any of Your Content, or Member Content, including content exchanged between users in direct messages.
5. Copyright
Humpday has adopted the following policy towards copyright infringement. If you believe any Member Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“Takedown Notice”) to Humpday at hihello@humpdaydating.com including the following information:
A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.
6. Intellectual Property
You acknowledge and agree that:
Humpday owns or licences all of the intellectual property rights in the Humpday App, the systems, processes, content and background technology used to provide the Humpday App any data, information or materials related to or arising from the use of the Humpday App;
Nothing in these Terms gives you any proprietary right to the Humpday App or in its associated intellectual property rights; and
All intellectual property rights created by your use of the Humpday App or otherwise in connection with these Terms will vest and be owned by Humpday (and you hereby assign to Humpday all such existing and future intellectual property rights).
7. Push Notifications and Location-Based Features
We may provide you with emails, text messages, push notifications, alerts and other messages related to the Humpday App and/or Humpday services. After downloading the Humpday App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the Humpday App, you may opt out by changing your notification settings on your mobile device or within Humpday App via clicking “Account Settings” and “App Settings”.
With respect to other types of messaging or communications, such as emails, text messages, etc., you can opt out by following the specific instructions included in such communications, or by emailing hihello@humpdaydating.com.
The Humpday App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the Humpday App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device, if you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorise the Humpday App to access your location data, you will not be able to access such location-specific features, content, products, services and materials. For more about how the Humpday App uses and retains your information, please read the Humpday Privacy Policy.
8. Privacy
Please see our Privacy Policy for further information on how Humpday collects, uses, and shares your personal information. By using Humpday, you acknowledge and accept that we may use your personal information in accordance with our Privacy Policy.
9. Third Party Store
The following additional terms and conditions apply to you if you download the Humpday App from a Third-Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the Humpday App and the Third-Party Store.
You acknowledge and agree that:
These Terms are concluded solely between you and Humpday and not with the providers of the Third-Party Store, and Humpday is solely responsible for the Humpday App and the content thereof. To the extent that these Terms provide for usage rules for the Humpday App which are less restrictive or in conflict with the applicable terms of service of the Third-Party Store from which you obtain the Humpday App, the more restrictive or conflicting term of the Third-Party Store will take precedence and will apply.
The Third-Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the Humpday App. Humpday is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third-Party provider will have no warranty obligation whatsoever with respect to the Humpday App, and any other claims, losses, liabilities, damages, costs, or expenses attributed to any failure to conform to any warranty will be the sole responsibility of Humpday.
Humpday, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the Humpday App or your possession and/or use of the Humpday App, including, but not limited to: (i) product liability claims; (ii) any claims that the Humpday App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
The Third-Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third-Party provider from whom you obtained the Humpday App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
In the event of a conflict between a Third-Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third-Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third-Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
10. Third party resources and websites
Humpday may display links to third party resources or websites within the Humpday App. Third party providers at this present time may include, but are not limited to:
Urban Swan
Event Venues
Payment Providers
You acknowledge and agree that when using third party resources, Humpday is not liable for:
The availability or accuracy of such websites or resources; or
The content, products, or services on or available from such websites or resources
These third party links are to be used at your discretion and Humpday does not endorse nor is to be legally responsible for any of these. You agree that you are legally bound by the Terms of these third parties. Please refer to their individual websites for their specific Terms and Privacy Policies.
11. Payment Terms
Humpday may offer products and services for purchase on the Humpday App (“In-App Purchases”). If you choose to make an In-app purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated into these Terms by reference.
In-App Purchases
You can make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorise us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.
Subscriptions and Auto-Renewal
Humpday may offer some services as automatically renewing subscriptions (“Subscription”). If you purchase an automatically renewing subscription, it will renew at the end of the period, at Humpday’s then current price for such subscriptions unless you cancel your subscription before the end of the then current subscription period. To avoid charges for a new subscription period, you must cancel your subscription in the manner detailed below, before the end of the then current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of Subscriptions to which you have subscribed and you will have the opportunity to cancel your subscription before the end of the then-current subscription period if you wish to do so.
If Humpday changes these prices and you do not cancel your subscription, you agree that you will be charged at Humpday’s then current pricing for any subsequent renewal of you subscription.
Canceling Subscriptions
If you purchased a subscription directly from Humpday, you may cancel or change your Payment Method directly through Humpday App via “Account Settings” and “Payment Account”. If you purchased a subscription through a Third-Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow their instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the subscription period that you last paid for, but:
You will not be eligible for a prorated refund
Your subscription will not be renewed when that period expires
You will then no longer be able to use the Premium Services or In-App Purchases enabled in your subscription.
Free Trials
If you sign up for a free trial and do not cancel your subscription prior to the end of the trial period, your trial may convert into a paid subscription and your Payment Method will then be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each subscription period, and your Payment Method will be charged until you cancel your subscription. To avoid charges for a new subscription period, you must cancel your subscription before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial.
Discount Codes
Humpday may offer discount codes occasionally on such purchases including subscriptions or in app purchases. These must only be used through the account in respect to which the discount code was intended and are not redeemable or transferable for cash. Unless otherwise stated, discount codes are only to be used for new orders, are not to be used retrospectively, are to be used once per customer and not in conjunction with another discount code and expire after 12 months. If a discount code is being utilised in breach of these Terms, we reserve the right to reject the discount code. We reserve the right to discontinue or amend a discount code. Please note discount codes may be subject to additional terms at the time of use.
Refunds
All charges for purchases are non-refundable, and there are no refunds or credits that are given for partially used periods.
The payments required under this Section 11 do not include any Goods and Services Tax. If Humpday determines it has a legal obligation to collect a Goods and Services Tax from you in connection to these Terms, Humpday will collect such Goods and Services Tax in addition to the payments required under this Section 10. If any Premium Services, or payments for any premium Services, under these Terms are subject to any Goods and Services Tax in any jurisdiction and you have not remitted the applicable Goods and Services Tax to Humpday, you will be responsible for the payment of such Goods and Services Tax and any related penalties or interest to the relevant tax authority. As used herein, “Goods and Services Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
12. Disclaimer
The Humpday App, our content, and member content are all provided to you “as is” and “as available” without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Without limiting the foregoing, we do not guarantee the compatibility of any person that you match with, nor the atmosphere or conduct of any person at any venue.
Should applicable law not permit the forgoing exclusion of express or implied warranties, then we grant the minimum express or implied warranty required by applicable law. no advice or information, whether oral or written, shall create any warranty, representation or guarantee not expressly stated in this section.
Additionally, we do not make any warranties that the Humpday App will be uninterrupted, secure or error free or that your use of the Humpday App will meet your expectations, or that the Humpday App, our content, any member content, or any portion thereof, is correct, accurate, or reliable. Your use of the Humpday App is at your own risk. you are solely responsible for your interactions with other persons and your conduct in venues. Humpday Dating Pty Ltd is not responsible for the conduct of any user. Humpday Dating Pty Ltd does not conduct criminal background nor any other checks on its members.
13. Limitation of Liability
We will not be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property or any other claims of third parties arising out of your access to or use of the Humpday App, our content, or any member content, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.
The forgoing shall apply even if we were advised of the possibility of such damages. If you become dissatisfied in any way with the Humpday App, your sole and exclusive remedy is to stop your use of the Humpday App.
You hereby waive any and all claims arising out of your use of the Humpday App. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then our aggregate liability shall not exceed one hundred Australian dollars ($100).
The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Humpday App would not be provided without such limitations, and you agree that the limitations and exclusions of liability disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose. The foregoing does not apply to liability arising from any fraud or fraudulent misrepresentations, or any other liability that cannot be limited by applicable law.
14. Indemnity
All the actions you take and information you post on Humpday remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents harmless, from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
Any negligent acts, omissions, or wilful misconduct by you;
Your access to and use of the Humpday App;
The uploading or submission of Content to the Humpday App by you;
Any breach of these Terms by you; and/or
Your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
15. Dispute Resolution
You agree that if a dispute arises out of or in relation to these Terms (“Dispute”) you will not start nor seek to start arbitration or court proceedings unless you have complied with this section 15.
If you claim that a Dispute has arisen you must notify Humpday in writing giving details of the Dispute and your proposal for a resolution.
We are committed to resolving Disputes if we can. We will use all reasonable endeavours to resolve the Dispute and you also agree to do so. We will aim to respond to your claim of a Dispute and to any subsequent communication that you may send to us regarding the Dispute within fourteen days of the day on which we receive your communication.
If the Dispute remains unresolved at the end of three months following our first receipt of your claim then unless we agree to refer the Dispute to mediation and the terms on which the mediation will be conducted then you will be free to start court proceedings if you wish to do so.
16. Termination and Remedies
The Terms commence on the date you accept them (as described in the preamble) and continue until termination in accordance with these Terms.
If you wish to terminate these Terms, you may do so by (a) notifying Humpday at any time via hihello@humpdaydating.com, and (b) deleting your Account.
Humpday may terminate or suspend your use of the Humpday App, including your Account, if you breach these Terms or if Humpday is required to do so by applicable law. You agree that any termination for cause shall be made in Humpday’s sole discretion and that Humpday shall not be liable to you or any third party for any termination of your Account.
In the event that Humpday determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Humpday App, Humpday reserves the right to:
Warn you via email (to any email addresses you have provided to Humpday) that you have violated the Terms
Delete your User Content
Discontinue your Account
Notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
Pursue to any other action which Humpday deems to be appropriate.
Termination of these Terms or your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.
All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including, without limitation, ownership provisions, warranty disclaimers and limitation of liability.
17. Miscellaneous
These terms, which we may amend from time to time, constitute the entire agreement between you and Humpday. The Terms supersede all previous agreements, representations, and arrangements between us (written or oral), excluding the Privacy Policy. Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
Humpday has taken reasonable steps to ensure the currency, availability, correctness, and completeness of information contained on Humpday and provided that information on an “as is”, “as available” basis. Humpday does not give or make any warranty or representation of any kind about the information contained on Humpday, whether express or implied. Use of Humpday and the materials available on it is at your sole risk. Humpday is not responsible for any loss arising from the transmission, use of data, or inaccurate Member Content.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from Humpday is free of viruses or other harmful components. You accept that Humpday will not be provided uninterrupted or error free, that defects may not be corrected or that Humpday, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse, or any similar malicious software. Humpday is not responsible for any damage to your mobile phone hardware, mobile phone software or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
The communications between you and Humpday may take place via electronic means, whether your use the Humpday App or send Humpday emails, or whether Humpday posts notices in the Humpday App or communicates with you via email. For contractual purposes you:
Consent to receive communications from Humpday in electronic form
Agree that all terms and conditions, agreements, notices, disclosures, and other communications that Humpday provides to you electronically satisfy if it were in writing.
Changes to our Terms
Humpday is new, and as we grow, we may have to make changes to these Terms, so we reserve the right to modify, amend or change the Terms at any time (“a Change”). If we do this, then the Changes will be posted on this page, and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. It’s also possible that we may ask you to agree to our Changes, but we’ll let you know. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.
Your continued use of Humpday following any Changes constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Humpday immediately.
Additional items
If, for any reason, any of the Terms are declared illegal, invalid, or otherwise unenforceable by a court of competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
By using the Humpday App, you agree and acknowledge that Humpday is currently an Australian App operating through servers located in Australia. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Humpday, you agree to the transfer of your personal information to, and storage and processing of your personal information in Australia.
These Terms, and any rights and licences granted hereunder, may not be transferred, or assigned by you, but may be assigned by us without restriction.
In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.
If you have any questions, complaints or claims with respect to the Humpday App, please contact us at hihello@humpdaydating.com
18. Governing law and forum
Your access to the Humpday App, Our Content, and any Member Content, any claims arising from or related to your relationship with Humpday, and these terms are governed and interpreted by the laws of Victoria, Australia. All claims arising out of or relating to these Terms and/or your relationship with Humpday will be litigated exclusively in the Federal or Supreme courts of Victoria, Australia. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on an inconvenient forum.
19. Humpday
The Terms constitute a binding legal agreement between you as user (“you”) and Humpday (“we” or “us”).
Effective Date: The Terms were last updated on November 16th 2023