Welcome to NextWink.com.au!

The Terms of Use below apply to individuals (both visitors and members) accessing and use of nextwink.com.au (referred to herein as the "Site" or NextWink).

In the event of any inconsistency between these Terms of Use and guidelines set elsewhere on the Site, these Terms of Use control.

NextWink reserves the right to update and change, from time to time, these Terms of Use and all documents incorporated by reference. You can always find the most recent version of the Terms of Use at http://www.nextwink.com.au/terms.php. NextWink may change these Terms of Use by posting a new version without notice to You. Use of the Site after such change constitutes acceptance of such changes.

The user agrees to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the Terms of Use set out on this page.

2. Description of Services

The Site provides 100% free online dating service to any registered dating members. Dating members will automatically have free and full access to the Site's online discussion forums. Non-dating members have free and full access to the online discussion forums only. Additional free services will be provided from time to time.

Membership is freely available to anyone who is at least 18 years of age, registers all required information, provides an accurate, legitimate email address, and obtains a unique Username and password.

Each member is allowed to have only one Membership per legitimate email address for account registration. Membership is intended for use only by the register Member and is non-transferable.

3. Website Content

3.1. The Site provides each user (visitor or member) with access to a set of functionalities. The Site, at its discretion, may add to, amend or withdraw any features or pages on the Site, which together make up the Site.

3.2. The Site is not responsible for the content of any Member's input.

While reasonable efforts have been made to include accurate and up-to-date information in the site, the Site makes no warranties or representations as to its accuracy. NextWink assumes no liability or responsibility for any errors or omissions in the content of the site.

The information displayed on any Members' profiles, posted on discussion forums, or any other forms of input, are the responsibility of the Member who used our system to create them and not the responsibility of the Site. The Site reserves the right to inspect all Member input for material which, at the sole discretion of the Site is considered to be objectionable, offensive or in any way undesirable.

Although the Site may, from time to time, monitor or review postings, transmissions, and the like on the site, NextWink is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information on the site.

3.3. Members may not post personal information of other members or, for that matter, anyone else. This rule also covers real names, employment info, and any other personal information that we deem inappropriate.

3.4. The Site reserves the right to remove any page from the Site at any time without notice.

3.5. The Site provides space for Member profiles but makes no implied or express warranties about the reliability of these profiles.

The Site is not responsible for any damage caused by loss of access to, deletion, alteration, or false statement of Member profiles.

3.6. Any communication or material you transmit to the site by electronic mail or otherwise, including any data, pictures, questions, comments, suggestions or the like is, and will be treated as, nonconfidential and nonproprietary, unless otherwise specifically indicated. Anything you transmit or post becomes the property of NextWink or its affiliates and may be used for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, NextWink is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the site for any purpose whatsoever.

3.7. The Site provides tips and tricks in areas such as IT, internet, and computers. Although these contents are provided to the best of our knowledge, the contents are provided without warranty or guarantee of any kind. It's your responsibility to always make a good judgment and/or backup of your system before applying changes.

3.8. By posting any Content to the Site, you licence NextWink to reproduce, modify or distribute that Content in any form and you waive any moral rights that you may have in that Content.

4. Prohibited Conduct

The following is a non-exclusive list of actions and content that are not permitted on the Site. You shall not authorize, permit, enable or engage in any of the following:

1) Use of the Site in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with the Site's Terms of Use.

Any use of copyrighted material must have the express permission of the author or owner.

3) Materials that are harassing, abusive, harmful, obscene, unlawful, defamatory, threatening, profane, or racially offensive to the NextWink community.

4) Pages that promote illegal activity.

5) Pages that contain material inconsistent with the values and spirit of the NextWink Community.

6) Advertising or any form of commercial solicitation other than advertising in accordance with any applicable advertising standards and codes of conduct.

5. Privacy

5.1. NextWink will keep confidential any information it holds about a Member which is of a confidential nature and not supplied for inclusion on the Site. The Company reserves the right to distribute aggregated demographic information provided by members, but will not release the name or other personal information about a member unless the Member gives its permission or it is required to do so by law or other competent authorities or this is required in the course of its administration on the site.

5.2. The exchange between NextWink and the member of information such as passwords or electronic mail may not be secure given the current state of the Internet. NextWink encourages members to change their passwords frequently.

5.3. Upon registration, you agree to receive weekly newsletters, as well as notification emails when certain events occur in your account or the site in general. You can configure what emails to receive in your Email & Notification Preferences page.

5.4. No unsolicited emails are sent to your email addresses, both registration email address and notification email address.

5.5. Mobile phone numbers cannot be used in member usernames.

6. Forum Postings

6.1 Forum postings become the property of NextWink and may be edited, republished by us in other media. NextWink reserves the right to republish any material contributed by our members. By posting to our forums, you expressly grant the right to NextWink to republish the content in any form. Nothing posted to this forum can be reprinted or reproduced by anyone else without prior written approval from NextWink.

Opinions and advice on the Forums should be treated with due caution and the owners of this site do not accept responsibility for any loss arising from it. Any opinions expressed here belong to the poster and are not endorsed by NextWink unless explicitly stated.

6.2 All topics and postings to the Forums and their subsequent posts become the property of NextWink. Demands for the removal of topics and postings for reasons other than factual error or extreme circumstances will not be granted.

7. Indemnity

You agree to indemnify and hold harmless the Site and its owner or any other related partners and employees, from any and all claims, expenses, or demand, including any liability or expense arising from such claim or demand, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, made by any third party due to or arising out of your use of the Site, your violation of the Terms of Use, your violation of any rights of another person or entity or your violation of any applicable laws or regulations.

8. Disclaimer of Warranties

The Site does not represent or warrant that content on the Site is free of inaccuracies, errors, bugs, or interruptions, or is reliable, accurate, complete, or otherwise valid. The Site is not responsible for any content provided from the results or for any sites that can be linked to or from the results. The Site and its functionalities are provided "as is" with no warranty, express or implied, of any kind and the Site expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement. Your use of the Site is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of the Site including, but not limited to, any damage to your computer system or loss of data.

9. Limitation of Liability

Your use of and browsing in the site are at your own risk. The Site shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Site, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not the Site has been advised of the possibility of such damages.

10. Reservation of Rights

In addition to all other legal remedies available to the Site, you acknowledge that NextWink has the right to suspend or terminate your current or future use of the services if the Site, in its sole discretion, believes you have: (i) violated or tried to violate the rights of NextWink or others; or (ii) violated or tried to violate or acted inconsistently pursuant to these Terms of Use.

Termination of Membership

The Site may terminate Membership and any and all information, communications, Postings at any time, without notice, for conduct that violates these Terms of Use or other policies or guidelines set out elsewhere on the Site. The Site may terminate Membership and delete any and all information, communications, Postings for online conduct that the Site believes is harmful to other Members, the operations of the Site, or any other third-parties.

11. Choice of Law

The Terms of Use shall be governed by and construed in accordance with the laws of Australia and New Zealand and shall be subject to the exclusive jurisdiction of the Australia and New Zealand courts.