Website Terms and Conditions
In these Terms, 'us', 'we' and 'our' means Steley Pty Ltd [and our related bodies corporate].
In these Terms, a ‘User’ is any individual who takes part in a chat session via the Website or App or utilises any of the services of the Website or App.
1.1 You will need to be a registered User to access certain features of our Website.
1.3 When you register and activate your account, we will provide you with confirmation of your chosen password and pseudonym. The use of a pseudonym with indecent or offensive content will not be accepted. You are responsible for keeping your pseudonym and password secure and are responsible for all use and activity carried out under this pseudonym. The use of the chat room and other related services are for your personal use only, the rights of which may not be conferred on any third party.
1.4 To create an account, you must be:
- (a) at least 18 years of age;
- (b) possess the legal right and ability to enter into a legally binding agreement with us; and
- (c) agree and warrant to use the Website in accordance with these Terms.
1.5 Registration is free of charge, however, you may only be in possession of one pseudonym and one account with which you are entitled to use all communication and chat services on a regular basis.
1.6 Should we be concerned that information you provide during the registration process is not correct or accurate, we may request you to provide proof of your identity. Until proof is provided in a form which is acceptable to us, we may block your access to the chat room and other services.
1.7 Some of the content in the chat room may not be suitable for minors. Parents are advised to install filter software to protect minors from offensive and harmful content.
- the age
- family status
- what the user is searching for.
2.2 We may disclose that information to third parties that help us deliver our services (including but not limited to information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to server provider located in Denmark.
- (a) how we store and use, and how you may access and correct your personal information;
- (b) how you can lodge a complaint regarding the handling of your personal information; and
- (c) how we will handle any complaint.
2.4 If you would like any further information about our privacy practices or procedures, please contact us at firstname.lastname@example.org.
3.1 Moderators have been hired to participate in the chat room and, thereby, supervise and control its use. These moderators may take on various identities and carry out conversations with any of the Users online at a given time. They may not be identifiable as moderators and may be using a fictitious profile/account. A User may communicate with a moderator without the latter revealing his/her identity.
3.2 The presence of the moderators will not only give Users an opportunity for discussion should there be a temporary lack of participants in the chat room at that particular time, but also ensure that participants adhere to the conditions of the Website. Some individual profiles might not fully correspond to the profile of the person communicating online with the User as these are moderator profiles and not profiles of external participants. These moderator profiles may be male or female.
4. Account and Account Deletion
4.1 Messages to you will either appear on screen after logging in, or by email to the email address given by you at the time of registration, or the last given email address in the case of a change of address. You are obliged to regularly check messages sent to the email address you registered.
4.2 Messages from you to Steley must be sent directly to us by email (as shown at the end of the Terms). Alternatively you may contact us post to the following address:
Steley pty ltd.
60 Carrington Street
Sydney NSW 2000.
4.3 Your written correspondence should contain your name, address and pseudonym as well as the email address you registered.
4.4 Should you ascertain, or suspect, that your account is being misused, then you should inform Steley in writing immediately. We will then endeavor to block the account.
4.5 Participation in the chat room after registration is not obligatory. However, we have the right to delete an account, together with the pseudonym and personal information connected with the account, should it remain inactive over a period of more than 180 days, and if there is no flirt coin credit on the account.
4.6 You will be informed of this deletion via the email associated with your account at least one week prior to the planned deletion. If you do not log in before the proposed deadline and do not contest the deletion in writing, then the account will be erased from the Website.
4.7 After deletion of the account, the pseudonym will be released for future use. All personal information in the profile will also be deleted in so far as there is no legal requirement that the information be retained and the data is not required as legal evidence.
5. Chat Room
5.1 We offer a variety of services including a chat room. You have access to the database of Users of the chat room in order to make new acquaintances. Other services are also on offer, both free of charge and for payment by flirt coins. The chat room does not offer a matchmaking service.
5.2 The Website and App currency is 'flirt coins'. These should not be misused and cannot be exchanged for hard cash or other monetary services. Specific services are available on the Website and App for a certain number of flirt coins.
5.3 Before utilising such services, you will be informed as to the cost of the particular service and the number of flirt coins required in payment. On confirmation, the requisite number of flirt coins will be deducted from your account and the service will be made available to you.
5.4 Steley places its Website, App, services and chat room at the disposal of Users for the express purpose of private communication. The User does not retain the right to use the services on offer on a permanent basis. We are not obliged to offer our services at all possible times. The chat room, in particular, may at times be temporarily unavailable due to maintenance work. Should this occur, the User has no entitlement to make a claim against Steley.
5.5 We will, however, endeavor to maintain the working order of the chat room as well as all the other online services and to further develop the platform to meet the requirements of Users.
5.6 In order to make full use of the services on offer, including the chat room, it is necessary for the User to have installed the latest version of the browser on his/her computer and have activated the Java script, cookies, pop-ups etc. It is possible when using older browser versions, or less well-known browsers, that the services we offer may be limited.
5.7 Steley reserves the right to amend, limit, or discontinue its services at any given time. It is authorised, but not obligated, to intervene and control any content e.g. texts, photos, graphics etc. to ensure that content is in accordance with respective laws and with these Terms. If deemed necessary, Steley may take measures to delete such content without consulting the initiator of the said materials. The User has no legal claim against Steley concerning the disclosure of his/her content.
6.1 You are able to buy flirt coins. These are on offer in a number of different categories and packages. You may choose your method of payment (from those that are available) and the number of flirt coins you wish to purchase. When purchased, these coins will be credited to your account and may be used immediately.
6.2 Should the payment fail for any reason (e.g. incorrect details, lack of credit etc.), then the amount of flirt coins the subject of the transaction will not be credited to your account. Any flirt coins which are already credited to your account will be immediately removed without further notice. Should such a transaction fail, then we have the right to reject any similar future payments. Any costs incurred due to these transactions are to be paid by you.
6.3 You are responsible for the amount of flirt coins credited to your account. You are able to check the balance of your account via the Website or App. Your account details are secured against loss in accordance with the technology currently available via a back-up system. However, it is not technically possible to protect all data against external misuse or loss.
6.4 IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
7. Accuracy, completeness and timeliness of information
7.1 The information on our Website and App is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website and App, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the Website and App. You should monitor any changes to the information contained on the Website and App.
7.2 We have no control over the accuracy, truthfulness and security of information exchanged by Users of the Website and/or App and the information appearing in User profiles. We do not endorse and are not liable for any illegal actions or omissions by Users and any User activities which do not comply with these Terms.
7.3 We are not liable to you or anyone else if interference with or damage to your computer systems or devices occurs in connection with the use of this Website (or a linked website) or our App. You must take your own precautions to ensure that whatever you select for your use from our Website and App is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems or devices.
7.4 We may, from time to time and without notice, change or add to the Website and/or App (including the Terms) or the information, products or services described on our Website or App. However, we do not undertake to keep the Website and App updated. We are not liable to you or anyone else if errors occur in the information on the Website or App or if that information is not up-to-date.
8. Promotions and competitions
8.1 For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
9. Linked Sites
9.1 Our Website and/or App may contain links to websites operated by third parties. Where we have provided those links, they have been provided for convenience and may not remain current or be maintained. Users may also upload links to other websites [or sources] on the Website [and App?]. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
9.2 Should we be informed that a link has been uploaded into the chat room, the content of which Website would contravene these Terms, then we may remove this link.
9.3 The linking of copyright materials is only allowed if this is legally permissible in accordance with copyright law and with the authorisation of the author. You are not permitted to duplicate, reproduce, transfer, publish or exploit such materials whether electronically, on paper or in any other format, or for your own use.
10. Intellectual property rights
10.1 Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in the Website and App and in all of the material (including all text, graphics, logos, audio and software) made available on the Website and App (Content).
10.2 Your use of the Website and our App and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Website, App or the Content. However, we do grant you a licence to access the Website and App and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
10.3 Any reproduction or redistribution of the Website, App or the Content is prohibited. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
10.4 All other use, copying or reproduction of this Website, the Content or any part of it is prohibited, except to the extent permitted by law.
11. No commercial use
11.1 This Website and App is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within the Website and App. You may not use the Website and App, or any of their Content, for any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
12. Unacceptable activity
12.1 You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website or App, including but not limited to:
- (a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- (b) using the Website or our App to defame or libel us, our employees or other individuals;
- (c) uploading files that contain viruses that may cause damage to our property or the property of other individuals;
- (d) posting or transmitting to the Website or our App any non-authorised material, including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, immoral, illegal, racist, obscene, violent, threatening, pornographic, harmful to minors or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
12.2 You are prohibited form offering sexual services via the Website and App in any shape or form, or giving information as to possible sexual activities.
12.3 Threats and insulting behaviour towards other Users is strictly forbidden. The exchange of money, or requests for money, via our Website or App is not permitted whether this be in hard currency or monetary contributions of any kind. The circulation of chain letters is not permitted. Goods or services may not be promoted via the Website or App.
12.4 Steley is authorised, and in certain circumstances legally obligated, to immediately block or delete unacceptable material and, if necessary, to secure evidence and inform the appropriate authorities.
12.5 This may occur whenever we suspect there is due cause. In such circumstances any claims on the part of a User against the deletion of his/her material/Content, or for the disabling of his/her account, will be precluded.
12.6 We have the right to take down any information you post at our sole discretion and without notice.
13. Warranties and disclaimers
13.1 To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this Website, App or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
13.2 We reserve the right to restrict, suspend or terminate without notice your access to this Website, the App any Content, or any feature of our Website or App at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
14.1 You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Website and App, including any breach by you of these Terms.
15.1 You may close your account at any time by providing written notice (termination notice), such as an email, to Steley. In order to eliminate the possibility of violation by a third party, any termination notice you submit must clearly show your identity to satisfy us that there has been no misuse of your account or identity by a third party.
15.2 We may close your account at any time if we consider that you have committed a material or persistent breach of these Terms and the breach is not capable of remedy or, if capable of remedy, is not remedied as soon as possible or within the time specified in a written notice from Steley.
15.3 After your account is closed, your personal information will be deleted, unless otherwise required, for example, for legal proceedings. It is not possible to reactivate the account after deletion.
15.4 If you have unused flirt coins in your account at the time of its closure, then the cash amount in AUD will be refunded to you within three weeks from the date of your notice of termination.
15.5 Claims for reimbursement of flirt coins are excluded if Steley is required to shut down the chat room due to economic or other reasons. Should this be planned, then Steley will attempt to inform you at least two months before this closure, if possible.
16.1 To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense - irrespective of the manner in which it occurs - which may be suffered due to your use of our Website or App and/or the information or materials contained on them, or as a result of the inaccessibility of our Website or App and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to- date.
17.1 If the whole or any part of a provision of these Terms is invalid or unenforceable it must, if possible, be read down for the purposes of that jurisdiction so as to be valid and enforceable. If however, the whole or any part of a provision of these Terms is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms
18. Jurisdiction and governing law
18.1 Your use of the Website, App and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
19.1 We reserve the right to amend these Terms should the Website and/or App be updated at any future time. It is your responsibility to check these Terms regularly for amendments. Where changes to the Terms are material, notice will be provided before the amendments take effect. Further use of the services on our Website (log in) and App, including the chat room, after any amendments have been made to the Terms, will signify your consent to these amendments.
Date: 07 2017
What is personal information?
“Personal information” means information or an opinion that is capable of reasonably identifying an individual, whether that information or opinion is true or not and whether the information or opinion is recorded in a material form or not. For example, this may include your name, age, gender, photo and contact details.
What personal information do we collect?
We may collect the following types of personal information from you, including your:
- name and nickname;
- email address;
- date of birth;
- country of residence;
- post code; and
We also collect details of your gender preferences in respect of people you wish to meet via the Website and/or App.
If you connect to the Website via your Facebook account, the following personal information may also be collected:
- any information which appears in your Facebook profile; and
- email address;
- date of birth;
- country and hometown of residence;
- profile image; and
From time to time, you may be able to visit our Website and/or App and deal with us anonymously or by pseudonym. However, please be aware that, if you do not provide us with certain information that we require, we may not be able to provide you with the particular services that you seek.
We may also collect non-personal information, which by itself cannot be used to identify or contact you. Non-personal information may include user IP addresses, browser types and anonymous statistical data involving the use of our Website and App.
From time to time, non-personal information may be connected to other information we collect from you.
How do we collect personal information?
We may collect personal information from you in variety of ways, including when you:
- register to use our services directly on the Website or the App;
- purchase flirt coins;
- visit our social media pages and channels, including on Facebook, Twitter or YouTube;
- participate in the chatroom via the Website or App;
- manage/change your account information;
- contact us by phone, email, post or on our Website enquiry forms;
- subscribe to our mailing list or to receive promotional materials;
- participate in surveys, competitions or other promotional activities; and
We may also collect your personal information from third parties, including in the following circumstances:
- from Facebook when you connect to our Website or App via Facebook
- when you share information with us from other social applications, services or websites;
We may also collect your personal information from third parties when permitted or required by law. This may include (but is not limited to):
- law enforcement agencies and other government entities;
- payment processors; and
- market research providers.
Why do we collect your personal information and how do we use it?
Steley may collect and use your personal information for the purposes of providing you with our services and for our internal business purposes. These purposes include (but are not limited to):
- to enable you to access and use our Website, App and services;
- to operate, protect, improve and optimise our Website, App and services and our users’ experiences, including to conduct research and analysis and for advertising and marketing purposes;
- for processing transactions and fulfilling orders for products or services, such as flirt coins;
- for registering, setting up and managing user accounts;
- responding to your submissions, questions, comments, requests and complaints and to otherwise provide customer services, including to send you support and administrative messages, updates and information you have requested;
- marketing our products and services and providing you with company information and updates such as newsletters or offers of promotional events or opportunities (such as competitions or surveys) that you may be interested in;
- the prevention of fraud and/or identifying and investigating any suspicious use of our Website, App or services;
- assessing and processing employment applications and conducting due diligence as part of pre-employment screening;
- for our internal business and management processes, for example accounting or auditing purposes;
- for any other purpose to allow us to comply with our obligations under law and to resolve disputes; and
- for any other purposes that would reasonably be expected by you.
Should you use the chat service, which is available on the Website and App, your nickname / pseudonym and age will be accessible to other chat participants so that they can contact you via our chat service.
The non-personal information we collect may be used for a variety of purposes, including but not limited to:
- help us understand who uses our Website and App, how they are used and to improve our services, including the chat room services and entertainment features available on the Website and App; and
- perform statistical analysis of user behaviour, to evaluate and improve our services, the Website and the App.
We may provide aggregated data to third parties to be used or evaluated for advertising purposes or for inclusion in, for example, demographic surveys.
Any personal information, chat data and IP addresses may be stored for limited periods of time for monitoring and correction purposes and for the protection and security of other users of the Website and/or App.
Steley may use your personal information for the purposes of marketing our services and products and to inform you of new products, promotions or events that we believe you may be interested in. If you would like to stop receiving any of these marketing communications, you can opt out by writing to us at the contact details listed below (“Contact Details”) and informing us that you no longer wish to receive these materials. If at any time you would like to stop receiving future emails, you can click the “unsubscribe” at the bottom of each direct marketing email we send.
Who will we disclose your information to?
From time to time, Steley may disclose your personal information to third parties, both within and outside Australia, for the purposes of conducting our business. These third parties may include (but are not limited to):
- our associated companies;
- third party service providers, dealers and agents, contractors, advisors and suppliers who assist us in managing our business or operating our Website and App, for example, business support services, payment processors, webhosting service providers, cloud storage providers, mailing houses etc;
- our sponsors or any promoters of any competition that we conduct;
- our professional advisors including lawyers, accountants, tax advisors and auditors;
- law enforcement bodies to assist in their functions, courts of law or as otherwise required or authorised by law;
- regulatory or government bodies for the purposes of resolving customer complaints or investigations;
- anyone to whom our assets or businesses (or any part of them) are transferred;
- specified third parties authorised by you to receive information held by us;
Where we do disclose your personal information to overseas recipients, they are most likely to be located in Denmark (server provider). This list of countries is not exhaustive and may change from time to time.
Cookies cannot be used to gain access to the other data files on your computer or to ascertain your email address.
Most browsers are set so that that they accept cookies automatically. All of these processes run in the background, unnoticed by you, if your browser has standard settings for cookies. You can, if you wish, change these settings.
However, some websites - including ours - cannot be used correctly without cookies as these data files are needed for specific sequences such as the chat function.
Our Website uses Google Analytics, which is the web-analytical service of Google Inc. (Google). Google Analytics utilises cookies, which are data files of text that are stored on your computer and enable an analysis about the use of websites to be made. The information about your internet usage generated by the cookie is normally transmitted to a Google server in the USA and stored there.
Google will use this information to evaluate how the Website is used and to compile reports about Website activities. Google will also provide us, as the Website operator, with further details of internet usage and related services. The IP address that is transmitted from your browser by Google Analytics will not be bundled together with other Google data.
For example, you can prevent cookies from being stored by setting your browser's software appropriately; however, you might not then be able to make full use of all the functions of this Website.
You can prevent data referring to your usage of the Website (including your IP address) generated by a cookie from being recorded and processed by Google and also prevents Google from using this data by downloading and installing the browser's plug-in software that is available from the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
Alternatively, please click on the following link (http://tools.google.com/dlpage/gaoptout?hl=de) in order to set an opt-out cookie for the browser's plug-in software or within the browser on portable equipment, which will prevent Google Analytics from recording data from this Website in the future. (This opt-out cookie only functions in this browser and only for this domain. If you delete your cookies in this browser, then you must click on this link again.)
You can find more detailed information about the conditions of use and data protection at www.google.com/intl/de/analytics/privacyoverview.html.
How do we secure and protect your personal information?
We take such steps as are reasonable in the circumstances to maintain the integrity and store securely your personal information to protect it from interference, misuse and loss and from unauthorised use, access, modification or disclosure.
In order to protect your personal information we use Secure Socket Layer (SSL) technology, encrypted payment gateways, firewalls.
Third Party Links
How do we maintain the accuracy of the personal information we hold about you?
We take such steps as are reasonable in the circumstances to ensure that the personal information that we collect is up-to-date and complete.
However, in order to maintain the accuracy of the personal information, we rely on the quality of the personal information that you provide to us. To ensure that we always have your most up-to-date personal information, please contact us as soon as possible when your details change. This might include when you change your name, mailing address or use a new email address.
Accuracy and requests for access and correction of personal information
You are entitled to access and correct the personal information we hold about you and to have any inaccuracies in the information corrected. However, in order to maintain the accuracy of your personal information, we rely on the quality of the personal information you provide to us.
If you would like to access, update or correct any of the personal information we hold about you, you may do so by sending us an email at email@example.com or by contacting us using the contact page https://www.steley.com.au/community/ and informing us that you wish to access or correct your personal information.
There are some circumstances specified by law where we may refuse your request for access to and/or the correction of your personal information. However, if one of these circumstances applies, we will provide you with a written explanation of the reasons for refusal, unless it would be unreasonable to provide that notice.
Once we receive your request for access or correction, we will endeavour to respond to your request within a reasonable period after the request is made. We may also charge reasonable costs for responding to your request.
If you have any concerns or a complaint about a breach of your privacy or the way we have handled your personal information, please contact us using the Contact Details below or send us an email to firstname.lastname@example.org and inform us of the nature of your complaint.
We will then investigate your complaint and endeavour to provide you with our response within a reasonable time. If, after receiving our response you still consider that your privacy complaint remains unresolved, you may then, for example, refer your concern to the Office of the Australian Information Commissioner at www.oaic.gov.au.
Steley pty ltd.
60 Carrington Street
Sydney NSW 2000.
Last Updated: 07 2017