Terms and condition on which Pair Tree provides its services to you
Pair Tree provides its services to you on the following terms and conditions.
The meaning of some words used in these terms and conditions
'provider', 'we', 'us' or 'our' is a reference to Pair Tree;
'user' is a reference to you;
'Parties' is a reference to both us and you;
Services means the assistance and matching services we provide in helping you to
find other people for friendships, romance, dating, mutual interests and relationships. The precise Services
we will be providing to you are provided to you when you choose an account type and as we agree in these terms of service.
Entering into a legally binding contract
A legally binding contract between you and us will come into force when you start using our services including providing your
information, when you browse or access our website, when you view or otherwise interact with other people's profiles, images or information.
Before you start browsing profiles or provide us with your information or use our services you must read these terms and conditions.
Before you start browsing profiles or provide us with your information or use our services you agree to read our Don't get Scammed page and our Keeping Safe page. Please note, you can find these links at the bottom of each web page.
If you have any questions concerning these terms or conditions, or would like to propose changes then please contact us.
You should keep a copy of these terms and conditions for your records.
Once you have entered into a legally binding contract with us, we will normally start providing the Services to you straight away.
Occasionally the Services we provide may be unavailable for a short period.
Where you do not pay us for our services
If you do not pay us a membership fee for our services and you use the services that we provide from time to time then
we offer you no guarantee or warranty as to the quality of services, performance, availability or anything else.
Where you do not pay us a membership fee for our services, we may withdraw or interrupt the services we provide to you at any time
regardless of the consequences and without any prior notice and we may do so permanently. In this case we do not
need to provide you with access to any information you have provided to us or to any information that you have gained
Where you pay us for our services
Where you pay us a membership fee for our services, our aim is to always provide you with Services:
- Using reasonable care and skill;
- In compliance with commonly accepted practices and standards in our industry;
- In compliance with the laws and regulations in force at the time that we carry out the Services;
We aim to ensure our services are available at all times.
Due to unforeseen reasons, upgrades, reasonable interruptions at our discretion, service outages, information technology issues
and the like, our services may not be available all of the time.
The services we provide
The service we provide and the service you pay for is the opportunity of you finding other people using our information systems.
We provide no guarantee or warranty that you will find someone to your liking using our services. We provide the service of giving you
the opportunity of finding someone using our information and systems. We do not offer the services of finding someone for you.
Your opportunity of finding someone may be affected by a number of factors including the size of our membership and any particular culture,
category, style or group of people that our services are targeted at. In any of these cases you will not ask us for a refund if you
can't find someone to your liking using our services unless you have some reasonable grounds.
To help you find other people we provide information and tools that help you identify and make contact.
Not all sources of information and tools that we use are guaranteed on an ongoing basis and they may change from time to time.
The information we make available and the tools we provide do not form a part of this agreement, what does form the services part
of this agreement is the ability to undertake reasonable searches of people with enough information for you to make contact
with the methods that we provide for you to make contact. You agree that the underlying methods of making contact with people
and the different types and amount of information we make available may change and such changes will not affect the validity of
Situations or events outside our reasonable control
There are certain situations or events which occur which are not within our reasonable control.
Where one of these situations or events occur we will normally attempt to recommence performing
the Services we provided as soon as the situation or event which has stopped us performing the
Services has been resolved. In such circumstances there may be a delay
(sometimes a substantial delay) before we can start or continue performing the Services.
The following are examples of events or situations which are not within in our reasonable control:
- If systems or services from third parties are not available;
- Where we have to wait for other providers of services;
- For other some unforeseen or unavoidable event or situation which is beyond our control;
- There is a power outage or some other service outage that we use to provide our services to you;
- Where we need to upgrade our systems and any associated issues or unforeseen issues;
Where we encounter software issues including system failure, failure of parts or
failure of the software we use;
- An act of god or force majeure
Price, estimates and payment
We normally charge for our membership fees on a time basis. Such access to our services may be available for one (1) month or three (3)
months or six (6) months or twelve (12) months. We may change the time basis that our membership is available for including only providing one of the previously mentioned time periods.
We may also charge for particular products or services separately that you request from us.
Where you request a service from us, we charge for the period in which the service is usable by you even if you don't use the service during this time.
We provide graded levels of service where you can choose extra services for a particular price. In this case we will endeavour to
provide you with the extra service at least most of the time. If you don't receive the extra service you will be entitled to
a refund to the level of service you actually received.
When payment is required
Payment for our Services is made in advance of the service being provided after which you will have access to the service inline with this
agreement. Where you access our services first without making payment or where there is an issue accepting payment, billing you or otherwise
carrying out the terms of payment we can bill you after you start using our services for the period you have been using our services and for
a period in advance.
If you fail to make payment by the date or time agreed to, we may charge you interest at a base interest rate of 5% per annum
on any outstanding amounts if those outstanding amounts remain unpaid for more than 28 days from the date of our notification to you
whether or not you actually received the notification but only if you knew or ought to have known the payment was
due in accordance with this agreement.
General Sales Tax or Value Added Tax
All amounts stated are exclusive of GST or VAT unless otherwise indicated.
Where you seek to not pay amounts due to us
You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services.
You will be entitled only to refuse to pay no more than a proportionate amount of any amount due inline with the terms of this agreement
Exclusion and limitation of liability
We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a substantial
breach by us of this contract. In the event that any loss or damage suffered by you relates to your activities then we
exclude all and any liability to your for any loss you suffer.
We provide a service which helps you find other people and other people to find you. We don't always know who the
other people are, what their history is, if they have a good or bad character, if they have a criminal history
or like information. As such we exclude any and all liability for any and all damage, loss, injury or the like occurring
to you through meeting other people, allowing other people to access your information or giving your information
to other people through the services we provide.
Breach of contract
Where one of the party's to this agreement breaches this agreement and that party does not enforce their rights under this agreement
against the other party this will not be taken to be as a waiver of the breach and any and all rights attracting to such
a breach and all other rights under this agreement will remain enforceable.
Termination of contract by us
We may terminate this agreement with you at anytime. If we do terminate this agreement you will be entitled to a refund only
for such future period of service that you have already paid for but not received. You are not entitled to a refund for
services already provided whether you have used them or not unless you have reasonable grounds.
Termination of contract by you
Once we and you enter into a binding contract you will normally not be able to terminate the contract as long as you continue to use
If you no longer wish to use our services you can cancel your membership by contacting us or by using our online systems where they
are available. This does not cancel this agreement between you and us. This agreement is active so long as you either use our services
or have paid to use our services or are some way have been or will be affected through the use of our services.
- Purport to terminate the contract; or
- Give notice purporting to terminate the contract; or
Otherwise do not fulfill your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you terminating
the contract, we do not have to accept your termination of the contract unless otherwise provided for in this contract. However, we may
choose to accept termination of the contract, and if we choose to do so you will be required to pay to us a reasonable amount for any
losses and costs we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs
are greater than the deposit we have retained we will require you to pay for our losses and costs in excess of the deposit retained.
Amendments to the contract terms and conditions
We have the right to amend the terms and conditions of this contract where:
- We need to do so in order to comply with changes in the law or for regulatory reasons; or
We need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract),
as long as such correction are minor and do not materially affect the contract.
Law and jurisdiction
This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time
in force in Victoria, Australia. The Parties submit to the jurisdiction of the courts and tribunals of Victoria, Australia.