If you do not agree to these terms and conditions, you may not use the service and should not proceed to register. By proceeding further, you agree to be bound by these terms and conditions at all times. Please read them carefully and if you do not agree with them, please do not register as a member or make use of this website.
This website is provided by Harmony Online Dating for people infected with the sexually transmitted Herpes Simplex Virus (commonly known as HSV or Herpes) and/or the Human Papilloma Virus (commonly known as HPV or genital warts), wishing to engage in online dating with other adults also infected with HSV and/or HPV. As a result, the terms and conditions that govern the use of this website have been drafted in order to give effect to this intent. There are potential health implications for HODS members. Members should read the terms and conditions clearly.
Terms and Conditions of Use
This Agreement constitutes your agreement with HODS with respect to your use of the website. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the website.
This website operates under the registered business name Harmony Online Dating.
Your use of the information, graphics and material on the website is governed by these Terms and Conditions of Use.
Access
Access to the website is only available to registered users (hereafter referred to as “Members”).
Eligibility
In order to become a member you must be at least 18 years old. HODS operates as a service for adults only. Please do not attempt to register if you are under 18 years old. By using and/or viewing the website, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 18 years of age.
By using and/or viewing the website, you warrant that such usage and/or viewing is permissable and wholly accords with the prevailling laws of the jurisdiction in which you access the website.
Duration
This user of this website agrees to be bound by these Terms and Conditions of Use from the time his or her membership commences until such time as it is terminated by either the member or HODS. Membership is obtained by, and commences with, the successful completion of the following process:
- Members will complete the 'Harmony Online Dating Registration Form', elements of which will be used to form the member's profile.
- HODS will review the information provided in the 'Harmony Online Dating Registration Form', assessing it for compliance with the Terms and Conditions of Use and the requirements specified on the 'Harmony Online Dating Registration Form' itself.
- Upon compliance of the items specified in point 2 above, HODS will approve the membership and notify the member of this approval status in writing.
Agreed Terms
Upon becoming a member, you have agreed to the following terms.
When communicating, engaging or interacting in any manner with other members, you will treat them at all times and in all ways with the utmost respect, courtesy and goodwill. You will not engage in any conduct that could reasonably be regarded as racist, sexist or culturally insensitive.
Content of Member's Profile
Your profile will consist of a fair, reasonable and accurate portrayal of yourself with no assertions that are erroneous or likely to mislead.
Membership of HODS gives you the ability to create one member profile only. Multiple profiles are not permitted.
Your membership profile shall contain no telephone numbers, street addresses, surnames, URLs or email addresses.
Any content published on the website by you, the member, whether in your Member's Profile, or in blogs, guestbooks, the shoutbox, polls, gallery, feedback, other member's profiles or any area of the Harmony Online Dating website shall contain no photos, textual content or other material that is deemed by HODS to be offensive or otherwise inappropriate. Such content includes, but is not limited to material that:
promotes racism, bigotry, hatred, harassment, or physical harm of any kind against any group or individual; constitutes a profile or photographs of any third person used without their permission; contains photos of any person other than your current self; is sexually explicit or contains sexual references / innuendo; promotes information that you know is false or misleading; promotes, or provides information about, illegal activities or conduct; is abusive, threatening, obscene, defamatory or libellous; is an unauthorised copy of another person's copyrighted work.
You will regard all personal information provided to you by other members as private and confidential and will not disclose this information to a third party without the express permission of the other member.
You will not use and/or view the website in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
You will not use the HODS for commercial purposes of any description. The HODS website is for the personal use of individual members only. Businesses, groups, organizations and companies are prohibited from registering as members. The HODS website may not be used for commercial endeavours, collecting HODS names and/or email addresses, or sending unsolicited emails. Unauthorised framing / linking to the HODS website is prohibited. Any breach of this rule will be investigated, and appropriate legal action will be taken.
HODS owns and retains all proprietary rights in the HODS website and any content posted on the HODS website. Such materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without HODS's written permission. You may not post, distribute, or reproduce in any way any copyright material, trademarks, or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
HODS is a commercial website subject to financial considerations. As a result, HODS reserves the right to delete or edit any content on the website at any time in order to ensure that the site is working at it’s maximum capacity and to minimize storage space required.
Termination of Membership
HODS reserves the right to cancel your membership in response to any conduct that HODS holds to be in breach of these Terms and Conditions of Use or upon receipt of any information that leads HODS to form the view that your membership is inappropriate or other than in the best interests of HODS and its members. Upon cancellation of a membership pursuant to the above mentioned reasons, the member concerned will be entitled to no refund.
You may cancel your membership by sending a request to HODS in writing where, upon verification of your identity, HODS will delete your profile from the website. No refund will be granted for early termination of time-based memberships. Members may also ‘suspend' their profile temporarily making their profile inaccessible to other members and visitors. Please note that suspending your profile does not constitute a time freeze on your membership as a number of the website's functions are still made available to you whilst your profile is suspended.
Health Risks
Both the Herpes Simplex Virus (HSV) and the Human Papilloma Virus (HPV) are contagious. Physical contact of any kind with members of this website may result in a risk to your health including, but not limited to, the contraction of the Herpes Simplex Virus and/or the Human Papilloma Virus. Members should seek the advice of a medical doctor before engaging in physical contact of any kind with other members of HODS.
HODS cannot guarantee the health and wellbeing of any its members and will not be liable or responsible to you or any third person for health problems of any kind resulting from contact with any member of HODS. The decision to engage in physical contact with other HODS members is done at your own risk.
HODS reserves the right to alter the terms and conditions at any time. HODS similarly reserves the right to alter the services provided to members in any way at any time and to alter the price of such services at any time subsequent to HODS giving reasonable notice to members by email or disclosure on the website itself of intent to implement such alteration.
Subject to any liabilities that may not be limited by law, HODS will not be liable or responsible to you or any third person for any amount or kind of loss, damage or injury that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website. Subject to the foregoing, HODS's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to HODS during the term of membership.
You acknowledge that HODS cannot control the entirety of the content posted by members on the website at all times. You accept that you may find such material offensive, harmful, misleading, inappropriate or otherwise undesirable. You accept that you are solely responsible for usage of the website and your interaction with other members.
You accept that you bear the sole responsibility for maintaining the confidentiality of your username and password. Upon a breach of this confidentiality, it is your responsibility to inform HODS of this development immediately.
WITHOUT PREJUDICE TO ANY MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APLICABLE LAW INCLUDING YOUR STATUTORY RIGHTS AS A CONSUMER, you acknowledge and accept that HODS does not endorse as accurate or reliable any assertion or representation, whether express or implied made by any member or contributor to the website.
The website and the terms of use for the website shall be governed by and construed inaccordance with the laws of the State of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the governing law jurisdiction. Nothing in this clause is intended to oust the laws of the Commonwealth of Australia and the jurisdiction of the Federal Court of Australia.
Upon completion by you of the membership procedure, you are deemed to have agreed to the Terms and Conditions of Use. Such Terms and Conditions of Use constitute the entirety of the Agreement between you and HODS. All Terms and Conditions of Use are severable in that if any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
