Terms & Conditions ( Executive Member Registration Agreement)

This agreement is made between OZMATCH (OM) of Suite no. 1314,17 Gould Road Herston QLD 4006 and the member (You) and sets out the terms and conditions upon which you agree to become an Executive member.  

  1. DEFINITIONS 
    1. Basic member “means a member who registers for free on the OM membership site and has limited access to the profile of female members with no photos or right to communicate with members. 
    2. “30 Day Trial Member” means a member, who has paid the trial member fee and submitted the approved forms to OM and is given limited access to female member profiles and photos on a trial basis with a view to becoming an Executive member, with no right to attend an Omiai or establish a relationship with a member. 
    3. Executive Member” means a member, who has paid the fees, submitted the necessary documents to be approved as an Executive member and signed the Registration agreement with full right to view member profiles and photos, attend Omiai and establish relationships with female members.  
    4. Intellectual Property” includes but is not limited to trademarks, patents, copyrights, processes, know-how, registered designs and concepts and anything created or generated by OM (whether alone or with other persons) in connection with, or arising out of the Services provided by OM
    5. Member “means an approved and registered Executive member with OM.  
    6. “OM” means OZMATCH, a Licensed introduction agency registered under the laws of QLD, Australia. 
    7. “OM Membership website” means the OM website on which members profiles may be accessed on registration.
    8. “Omiai” means the traditional Japanese method to find a spouse via an arranged meeting between two people.
    9. Services “means the introduction services provided by OM to a Member to meet and possibly form a relationship with another member.
    10. 1.10.“You” means you as an Executive member.  
  1. MEMBERSHIP ELIGIBILITY 
    1. To become an Executive Member, You must:  
      1. be at least 20 years old, single, divorced, widowed or separated (and is able to provide an estimated date for their proposed divorce) and able to enter into a relationship with a member on a committed basis. 
      2. provide truthful information in your application for registration.  
      3. provide OM necessary Identification and complete all forms and documents reasonably requested by OM; and  
      4. have no criminal record for any serious offences including fraud, drugs or other serious offence.
    2. If OM becomes aware that You have provided any inaccurate or misleading information OM may immediately terminate your membership as the safety of our members is paramount. 
  1. MEMBER OBLIGATIONS 
    1. Whilst a member You must in your communications with OM:  
      1. register your own profile data and registration details truthfully and accurately.  
      2. not enter false information as to your background, occupation, income, marital history and status, age and other relevant information you choose to disclose. 
      3. notify and update OM no later than within 3 business days of any material change on your profile whilst a member which may be relevant to another member.  
      4. be honest in the information you provide and not include any misleading information.  
      5. act with genuine intention and in good faith. 
    2. If You fail to notify OM of any relevant changes to your information or provide any misleading or deceptive information OM may immediately terminate your membership and any fees paid to the date of termination shall be non-refundable. 
    3. You consent to OM providing your personal details (as you have supplied to OM) on the OM membership website to be viewed by female members.
    4. You shall not engage in any inappropriate conduct contrary to law, public order and moral compass or which may impact adversely on another member or OM.  
    5. You agree not to engage in any disparaging comments or adverse conduct nor defame another member nor post in any forum including in social media or otherwise any comments that may be considered private and confidential or defamatory of another member or of OM. 
    6. You must maintain in confidence any passwords or other information provided to you by OM to access and continue your membership.  
    7. You are responsible for ensuring your member ID and password are kept private and not disclosed to any third party and notify OM of any theft of your member ID and password.  
  1. You must cease communication with a female member if OM notify you the female member wishes to cease communication with you at any time after an Omiai.
  2. You must notify OM via Chatwork, if you receive any subsequent communication from a female member after the relationship has ceased.
  1. CONFIDENTIALITY 
    1. You will maintain confidentiality of all personal information you may access in respect of another member whilst on the OM member site and not disclose such information in any form or medium to any third party without OM or the individual members knowledge and consent. 
    2. A member who receives confidential information (the “Recipient”), of OM or another member agrees with the other party (the “Owner”) to keep that Confidential Information confidential and not disclose it or allow it to be disclosed to any third party except with the written consent of the Owner except as required for the purpose set out in this agreement or as required by law.  
    3. On termination or expiration of this agreement each party must continue to keep confidential all Confidential Information of the other party and at each Owner’s option, return to the Owner or destroy and certify the destruction of that Owner’s Confidential Information. 
    4. You indemnify OM in relation to any claims, loss or damage suffered by OM resulting from any breach of confidentiality or your unauthorised release of another members personal information.
  1. INTELLECTUAL PROPERTY
    1. You acknowledge that ownership, title and rights associated with all Intellectual Property (IP) in the OM platform and website shall at all times belong to, vest in and remain vested in OM. 
    2. You must not use distribute (including uploading to social media or the Internet), or in any manner commercially exploit any of OM’s IP without the prior written consent of OM nor infringe OM’s IP rights nor cause or permit anything to be done which may damage such rights nor assist or allow others to do so.
    3. You shall not engage in any activity that infringes on the copyright, trademark or other IP rights, privacy or publicity rights of other members, OM or any third party. 
    4. The parties’ obligations under this clause continue after expiration or termination of membership or completion of the Services by OM.
  1. OZMATCH OBLIGATIONS 
    1. OM will in good faith using its best endeavours do the following:
      1. take steps to support you as an Executive member to introduce you to suitable female members however OM cannot guarantee you will find your partner or match using the OM member site. 
      2. facilitate Omiai events and conduct meetings and events via Zoom or other medium, for Executive members.  
    2. You acknowledge that OM cannot guarantee any first introduction to a female member will necessarily lead to an Omiai or second date or any long-term relationship. 
  1. EXECUTIVE MEMBER OBLIGATIONS 
    1. You must follow OM recommended guidelines and instructions once accepted as an Executive member and accept an offer for a first Omiai within three (3) days via the Chatwork app through which all communications will be conducted.
    2. Once an Omiai date has been set and agreed to by both members, you must be available for the date set and if you fail to attend an Omiai (without reasonable cause) OM may at its sole discretion terminate Your Executive membership. 
    3. You must disclose to OM if you have elected to continue or not continue in a relationship with a member after an Omiai via Chatwork.
    4. You agree to provide an updated report at least once a month to OM on the status and progress of your relationship, via Chatwork or Zoom as OM may request.  
    5. The continuation of any relationship with a female member is solely dependent on that member agreement and you agree to accept and respect the decision of any female member if they wish to withdraw from any further communication or contact.  
    6. Where a female member has requested to no longer continue in communication or contact with you, you agree to respect that decision and cease any further contact with that member. 
    7. If you intend to propose marriage to a female member after an Omiai you must inform OM within 3 business days of doing so and if you fail to do so via Chatwork, You will become immediately liable to pay the Completion Fee to OM within 7 days of OM issuing an invoice which will be recoverable as a debt due to OM.
  1. FEES PAYABLE 
    1. You agree to pay OM the fees to become an Executive member as set out in the Schedule.
    2. You must pay the Registration Fee and the Monthly membership Fee once your application for registration as an Executive member is accepted by OM and you have signed and returned the Registration agreement to OM.
    3. All Fees payable to OM shall be paid by direct bank transfer to the OM nominated account.
    4. All Monthly membership fees are payable monthly in advance on the first day of each month.
    5. The Completion fee shall be payable to OM within 3 business days of you or the female member notifying OM of the proposal for marriage.
    6. Upon payment of the Completion Fee this completes OM Services and your Executive membership of OM.  
    7. The Completion Fee is non-refundable if You or the female member subsequently choose to no longer continue in a relationship and do not proceed with the engagement or marriage. 
  1. TERM
    1. This agreement commences on the date You sign and return it to OM and is for a term of 12 months and may be renewed by your notifying OM via Chatwork within 7 days from the expiry of the initial term that you wish to extend it.
    2. On renewal You will not be liable to pay a further Registration fee but will be liable to pay the Monthly membership fee in advance and the Completion fee if you elect to propose marriage.
    3. If this agreement is renewed you agree to enter into OM’s, then current registration agreement.
  1. COOLING OFF PERIOD  
    1. You have the right to end this Agreement within 3 days of entering into this Agreement by notice to OM via Chatwork in which event OM shall refund you in full any monies paid to that date. 
    2. After the Cooling off period has elapsed if you elect to terminate your Executive membership you will not be entitled to a refund of any fees paid to OM to that date.
  1. COMMUNICATIONS 
    1. All communication with OM must be conducted via the Chatwork app.
  1. SUSPENSION of MEMBERSHIP  
    1. You may via Chatwork request suspension of your Executive membership provided you are not in a relationship with a female member at the time.
    2. Where you have requested suspension of your membership and it is approved by OM you must cease contact with any female member during the suspension period.
  1. Whilst your membership is suspended you will have the rights of a Basic Member and entitled to participate in OM events however you will not have access to Executive member services.
  2. You may continue to access the OM site as a Basic member during suspension on payment of a member site access fee however you will not be able to receive Executive member services. 
  3. During Suspension you continue to be bound by the terms and conditions of this agreement in all respects
  1. YOUR RIGHT TO CANCEL MEMBERSHIP
    1. You may cancel this agreement and your Executive membership with OM at any time during the term via Chatwork on giving not less than three (3) days before the end of the monthly payment date. If you do not give such notice, you must pay the membership fee for the following month. 
    2. If you cancel your Executive membership in the middle of a month, you will not be entitled to a refund of that month’s membership fee. 
    3. On termination you will not be entitled to a refund of any fees paid by You to OM up to the termination date or which you may have paid in advance
  1. OM RIGHT TO CANCEL MEMBERSHIP 
    1. OM may terminate Your registration as an Executive member if you breach any of the terms and conditions of this agreement or if after acceptance of your registration you become ineligible to remain an Executive member. 
    2. An Executive member whose registration is terminated shall continue to be bound by those provisions that relate to confidentiality and those provisions intended to continue beyond termination of this agreement. 
    3. A member whose registration is cancelled or terminated shall not be entitled to seek a refund of any fees paid to OM during the term of their membership. 
  1. INFORMATION MANAGEMENT/ DATA PRIVACY 
    1. You authorize OM to access and provide your personal information to female members, on the OM membership site and platform for the purpose set out in this agreement
    2. OM shall not disclose or provide your personal information to any third parties for any purpose other than that you have authorized under these terms unless otherwise required by law.
    3. You will ensure that you have taken all reasonable steps including cyber security and other measures to prevent the loss of your personal information.
    4. OM reserves the right to suspend or delete any personal information submitted on the OM membership site it deems inappropriate.
    5. You must comply with any applicable data and privacy laws and OM shall comply with such laws as legally required as part of providing the Services.  
    6. You must comply with all applicable data and privacy laws as may apply in respect to receiving OM Services and in relation to any personal information you may receive from a female member. 
    7. You agree to OM sharing your information, including Confidential Information, with third parties such as its service providers and contractors from time to time to help OM provide its Services which may include software contractors, email/sms broadcast providers, account management and data entry service providers.
    8. OM strives to ensure the security, integrity and privacy of your personal and Confidential Information and uses a variety of physical and electronic security measures including restricting physical access to our offices, firewalls and secure databases to keep personal and Confidential Information secure from misuse, loss or unauthorized use or disclosure. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
    9. You acknowledge that OM will not be liable in the event that your personal or Confidential Information is accessed or disclosed due to reasons beyond OM control including but not limited to hacking from a third party.
    10. OM requires its third-party service providers to comply with Australian data protection and privacy laws, however you acknowledge OM will not be liable if your personal information or Confidential Information is disclosed or leaked by a third party without OM’s knowledge and beyond its reasonable control. 
  1. LIMITATION OF LIABILITY  
    1. You acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and there are rights and remedies conferred in relation to the provision of Services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”). 
    2. OM disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on you, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of OM for a breach of a Non-excludable Right is limited, at OM’s option, to the supply of the Services. 
    3. The maximum liability of OM for any and all breaches of these Terms by OM will be capped at the amounts previously paid by you to OM for the relevant Services. 
    4. To the maximum extent permitted by law OM excludes its liability (including, but not  limited to, liability in tort, contract and for breach of statute) to you or any other person  for any injury ( physical or psychological), loss or damage (consequential or otherwise  (whether contractual, tortious, statutory or otherwise) for any special, incidental,  indirect or consequential damage sustained or incurred in connection with the  provision of the Services by OM, whether as a result of any non performance or error in information supplied to you by OM or any breach, data leak, default, negligence or delay suffered or incurred by you or any other person in relation to our Services. 
  1. RELEASES AND INDEMNITIES  
    1. You acknowledge that OM makes no guarantees nor gives any warranties of any kind, whether expressed or implied of the quality of services of any third party and you forever release and indemnify OM against all costs, expenses, actions or claims directly or indirectly incurred or suffered by you as a result of any failure fault, defect, flaw or error or any breach of warranty or guarantee or failure to uphold a warranty or guarantee by a third party supplier or service provider. 
  1. ASSIGNMENT 
    1. These Terms may not be assigned by You however OM may assign its rights.
  1. INTERRUPTION OR CESSATION OF SERVICE 
    1. OM reserves the right to temporarily suspend or permanently discontinue the OM Service if required due to regular or urgent maintenance of their system by its internet service provider or hosting service or for operational or technical reasons. 
    2. OM will give You prior notice of any service disruption unless an emergency. 
  1. VARIATION OF TERMS AND CONDITIONS 
    1. OM may amend these Terms and conditions to comply with changes in legislation.
    2. OM shall notify You of any varied Terms and Conditions, by Chatwork which will take effect 3 three days after the date on which the revised Terms and Conditions are notified. 
    3. You may give notice via Chatwork to terminate your membership if you do not wish to be bound by the revised terms and conditions.  
  1. RELATIONSHIP 
    1. Nothing in these Terms is intended or will be construed as constituting a relationship of agent and principal, employer and employee, joint venture or partnership alliance between the parties. 
  1. WAIVER
    1. No provision of these Terms shall be deemed to be waived except by express written consent executed by OM claiming to have waived the relevant provision.
  1. UNENFORCEABLE
    1. If a provision or part of a provision of these Terms is held invalid, unenforceable or illegal for any reason, then such provision or part shall be severed from these Terms and the remainder of the Terms shall remain in full force.
  1. GOVERNING LAW
    1. The law of the State of Queensland governs these Terms, and the Parties submit to the non-exclusive jurisdiction of the courts of Queensland and of the Commonwealth of Australia. 
  1. ENTIRE AGREEMENT
    1. These Terms, in connection with the Proposal, contain the entire agreement between the Parties and supersedes all previous correspondence and negotiations concerning the Services.