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Terms and Conditions

Terms and Conditions

The Friends Central Service is owned and operated by Desktop Investigations Limited.

The Friends Central Service provides services to people looking to find friends. We are committed to providing a safe environment for you to meet, converse with and get to know other people.

The Friends Central Service acts at all times as merely an online platform that enables users to create a public profile and connect with other users.

Our terms and conditions include our code of conduct and privacy policy and are designed to help us maintain a safe environment for everyone.

1.1 Acceptance of terms and conditions

These terms and conditions are the terms on which we offer you access to the Friends Central Services. By registering as a member you accept these terms and conditions, as amended by us from time to time. If you do not accept these terms and conditions, you must not use the Friends Central Service.

1.2 Amendment of terms and conditions

These terms and conditions may be amended in whole or in part by DIL from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on the Friends Central Service. You are responsible for ensuring you are familiar with the current terms and conditions. Your use of the Friends Central Service represents your agreement to be bound by the terms and conditions as amended.

These terms and conditions were last updated on 17 September 2019.

1.3 Terminology

  • “member” means any registered member of the Friends Central Service.
  • “DIL”, “we”, “us”, and “our” are references to Desktop Investigations Limited.
  • “profile” means the profile you submit to the Friends Central Service from time to time.
  • “Friends Central Service”, means the friendscentral.co.nz website and any related website or mobile app through which the Friends Central Service is offered.

2. General Rules

2.1 You may not be a member of the Friends Central Service if:

  • You cannot form a legally binding contract. By registering as a member, you warrant to us that you can form a legally binding contract. In any case, you must be at least 18 years old to become a member.
  • You have ever been convicted of breaching a protection order, of a violent or sexually related criminal offence or any dishonesty offence.
  • You are directly or indirectly involved (in any capacity) in the operations of a service that competes with the services.
  • You are not currently living in New Zealand.

2.2

DIL employs staff to monitor profiles and photos. Without limiting any other remedies available to us, we reserve the right at any time to suspend or remove you, your access to any services, your profile and any content you submit, from the Friends Central Service at our sole discretion. When exercising this discretion, we may consider any onsite or offsite conduct that puts our community or systems at risk. You acknowledge that if we do remove your profile or any content, we will not be liable to you in any way.

3. Specific Warnings

3.1 You are solely and legally responsible for:

  • The content and legality of all information contained in your profile;
  • The content and legality of any material, including photos and messages, you post to or enter on the Friends Central Service;
  • All of your communications with and behaviour towards other members; and
  • Compliance with all applicable laws at all times when using the Friends Central Service or in circumstances arising out of your use of the Friends Central Service.
  • DIL is not responsible for any profile or other content posted or entered on the Friends Central Service.
  • You should not include any identifying information (such as your surname or contact details) or illegal or unlawful information in your profile.

3.2

You make contact with other members entirely at your own risk. You are legally responsible for your own actions. You agree that DIL has no responsibility or liability for any actions of you or other members including, without limitation, members that have registered under false pretences or who attempt to defraud or harm you. DIL is not responsible for ensuring members comply with these terms and conditions.

3.3

You must not communicate with, or attempt to communicate with, any person who has indicated that they do not wish to communicate with you or to continue to communicate with you.

3.4

DIL may be requested to assist in any prosecutions or other proceedings brought by members or third parties against other members and will do so if required by law or if we believe a member has breached our terms and conditions. You agree to us providing such assistance, including the release of any relevant information we may hold about you.

3.5

Members may not be who they say they are. Although we employ technology and staff to protect members, DIL is unable to confirm that any member of the Friends Central Service is who they say they are. You must therefore exercise caution when dealing with other members. As the Friends Central Service an internet-based service, there are risks of members misrepresenting themselves or presenting themselves under false pretences. This includes misrepresentations about age, gender, marital status or any other attribute about the person. It is also possible that members from other countries will access this service. It may not be practically possible for DIL to enforce these terms and conditions against such members.

3.6

Without limiting any right that we may have, we may, at our sole discretion, edit, modify, or delete content from your profile, delete any other content or material you have posted to the Friends Central Service, or suspend or cancel your membership if we believe that content entered creates, or may create, liability for DIL or if we believe the information to be inappropriate or if we believe you have breached these terms and conditions. We are not liable to you if we exercise any of these rights, including cancellation of any type of membership.

3.7

DIL reserves the right to decline to register or to suspend or terminate your membership without entering into further discussions with you. Without limiting the foregoing, DIL may terminate your membership if:

  • a serious complaint or multiple complaints are received about you from other members,
  • you breach these terms and conditions,
  • you impersonate another member, or
  • you have previously been banned from using this or any other service offered by DIL, or
  • if we, in our sole discretion, deem your behaviour to be unacceptable.

Members who have registered under multiple aliases will have all of their aliases disabled.

4. Your obligations as a user and member

4.1

You will provide complete and accurate personal information when registering to use the Friends Central Service including your first names and surname. You will maintain your personal information as supplied to us to keep it true, accurate and complete at all times. DIL reserves the right to contact you from time to time to verify your details.

4.2

You agree to comply with all applicable laws when using the Friends Central Service and dealing with other members.

4.3

You are responsible for keeping your password secret and secure. Without limiting the foregoing, you agree:

  • not to permit any other person to use your username and password; and
  • not to disclose, or provide to any other person, your password.

4.4

You will not attempt to damage or harm the Friends Central Service.

4.5

You will not use the Friends Central Service for commercial purposes or for the promotion of any business.

4.6

You will only interface with the Friends Central Service manually and through a web browser or the official app. You are not permitted to programmatically or otherwise automatically interface with the Friends Central Service. This includes “spidering” or interfacing for the purposes of harvesting information from the Friends Central Service.

4.7

You will not enter obscene, abusive, defamatory, threatening, harassing, illegal or objectionable material on the Friends Central Service. This includes messages, images, the information in your profile or any other form of information that can be entered (including communications with other members). DIL will be the sole judge of what is considered a breach of this obligation. DIL reserves the right to refer such material to the relevant authorities to consider prosecution, or to assist other members in the prosecution of members.

4.8

Members’ accounts are not transferable.

4.9

You must not use the Friends Central Service messaging system for the discussion of competing services or any illegal or unlawful activity.

4.10

You must not enter any contact or identifying information in your profile. This includes, but is not limited to, your email address, phone number, or physical address.

4.11

You must not disclose any details of any other members or disclose personal information of others through the Friends Central Service messaging system or otherwise.

5. Fees and refunds

5.1

DIL offers paid memberships. Any fees specified on the Friends Central Service (“Fees” ) are payable in advance and are non-refundable. Fees paid will not attract credit interest or other financial charges. In the event that you are removed from a website for breach of our terms and conditions or for any other reason, your remaining subscription will be lost and is not refundable.

5.2

The Fees include all applicable taxes, including sales tax and consumption taxes such as goods and services tax (GST).  Payments you make via the Friends Central Service are processed by Stripe or Paypal and their global affiliates (“Stripe” and “Paypal”).

5.3

DIL reserves the right to change the Fees or introduce Fees for any part of the Friends Central Service at any time. If we introduce a new service, the Fees for that service are effective at the launch of the service, unless otherwise stated.

6. Disclaimer

You expressly understand and agree that:

  • The Consumer Guarantees Act 1993 and the Fair Trading Act 1986 may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified.  These terms and conditions must in all cases be read subject to those statutory provisions.
  • Your use of the Friends Central Service is at your sole risk. DIL expressly disclaims, to the maximum extent permitted by law, all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • DIL makes no warranty, to the maximum extent permitted by law, that i) the services provided will be uninterrupted, timely, secure, or error free, ii) the information provided on the website is error-free or reliable, iii) the quality of any products or services obtained through the website will meet your requirements, or iv) members are who they say they are.
  • No advice or information that is obtained by you from DIL or otherwise shall create any warranty not expressly stated in these terms and conditions.
  • Responsibility for the content of advertisements appearing on the Friends Central Service (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute DIL’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

7. Limitation of Liability

You expressly understand and agree that:

  • DIL shall not be liable under any circumstances for any direct, indirect, incidental, special, consequential or exemplary loss or damages, including but not limited to damages for loss of profit, goodwill, use, data, or other intangible losses that result from the Friends Central Service, or the inability to access the service.
  • DIL shall not be liable for the conduct or statements of members or third parties in relation to the Friends Central Service.

8. Indemnity

You agree to indemnify fully DIL from and against all claims, liability, loss, costs and expenses (including the full amount of legal costs) incurred or suffered by DIL in respect of or in connection with:

  • information contained in your profile;
  • any material, including (without limitation) photos and messages, you post to or enter on the website;
  • your communications with or behaviour towards other members;
  • any death, personal injury or damage to property you may cause;
  • your breach of these terms and conditions or any applicable laws.

9. General Provisions

9.1 System integrity

DIL will use its reasonable endeavours to ensure the availability of the Friends Central Service, subject to any downtime required for maintenance. However, DIL takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Friends Central Service being unavailable. Further, DIL assumes no responsibility for the corruption of any data or information held by DIL.

9.2 Resolution of disputes

As DIL is not a party to any dispute between you and another member, you agree:

  • not to involve, or attempt to involve, DIL in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided; and
  • not to use the Friends Central Services to engage in or attempt to resolve the dispute.

9.3 Friends Central message boards

DIL provides message boards on the Friends Central Service for use by members. The message boards may not be used to promote websites or any commercial, business, illegal or unlawful activity. DIL is not responsible for any of the opinions or other information expressed in the message boards. By posting a message to the message board you take full legal responsibility and liability for your comments, including for offensive or defamatory statements, and indemnify DIL for any liability it may incur in relation to your comments.

9.4 Force Majeure

DIL has no liability for any lack of performance, unavailability or failure of the Friends Central Service, or for any failure of DIL to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of DIL.

9.5 No Waiver

If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

9.6 Partial Invalidity

If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

9.7 Governing Law

These terms and conditions and your membership are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

9.8 Intellectual Property Rights

DIL (and its licensors or suppliers, as the case may be) owns all intellectual property rights and other proprietary rights in the Friends Central Service (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Friends Central Service. You may not without our prior written permission, in any form or by any means:

  • adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the Friends Central Serviced; or
  • commercialise, copy or on-sell any information or items obtained from any part of the Friends Central Service.

9.9 Entire agreement

These terms and conditions, our privacy policy and the code of ethics supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written and constitute the entire agreement between the parties relating to the subject matter of these terms and conditions.

9.10 Privacy

Please refer to our privacy policy. DIL collects personal information about you through your use of Friends Central Services and the website, including:

  • your registration details; and
  • information relating to your use of the Friends Central Service and the content you post and access.

You agree that DIL may use this personal information to assist us to provide the Friends Central Service to you as described in our privacy policy. This includes for (among other things) internal research purposes, to verify your identity, for promoting and marketing other DIL products and services to you, and for any other use that you authorise. If you select “show my photos to anyone” your profile or photo may also appear in the Friends Central Service newsletter as well as online.

DIL may release account and other personal information in accordance with our privacy policy (for example, to authorities or other entities where necessary uphold the law or our terms).

9.11 Emails and newsletters

DIL will send you emails relating to your membership, transactions and other activities on the Friends Central Service, and for promoting and marketing other DIL products and services to you. DIL may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

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