You must be at least 18 years old and have reached the age of majority where you live or from where you access the Website.
1. THESE TERMS AND CONDITIONS
2. WHO WE ARE
2.1. We are Skyloop Digital Ltd trading as aussiebang.com, a limited company registered in England and Wales with company number 11501030, whose registered office is at 125 Wood Street, London, United Kingdom, EC2V 7AW (Skyloop, we, us or our).
3. ACCESS TO THE WEBSITE AND THE SERVICES
3.1. Age restrictions.
(a) The Website and the Services may contain uncensored sexually explicit material unsuitable for minors. Only adults who are at least 18 years old and have reached the age of majority where they live or from where they access the Website may access the Website and use the Services.
(b) If you do not meet these age requirements, you must not access the Website and must cease to use the Website and/or the Services immediately.
(c) By confirming that you meet these and any other requirements set out in the notice, you undertake that you meet the age requirements set out in paragraph 3.1(a).
3.2. In order to use the Website and/or the Services, you must confirm all the statements in the notice.
3.3. To register for an account, you must:
(a) complete the registration form on the Website. The information you provide must be accurate; and
(b) choose a password and a username.
You are not allowed to create an account in the name of another person.
3.4. Account information.
(a) Once you have chosen your username, password or any other information required as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We recommend that your username does not disclose your actual name to help protect your privacy.
(b) You must notify us immediately using our contact details if you know or suspect that anyone other than you knows your username or password. We recommend that you immediately change your username and/or password in such circumstances.
4. USE OF THE WEBSITE AND THE SERVICES
4.1. In order to use the Website and/or the Services:
(a) you must confirm all the statements in the notice; and
(b) you must comply with the laws of the jurisdiction from which you access the Website and Services, as well as the United Kingdom.
4.2. The Website and the Services are provided on an “as-is” and “as available” basis. We do not guarantee that the Website, the Services or any content on the Website will always be available, uninterrupted or error free.
4.3. You are responsible for ensuring that all persons who access the Website or the Services through your internet connection are aware of these terms and conditions and the notice, and that they comply with them.
4.4. The Website may contain advertisements, promotions, or links to other websites, resources, and purchase opportunities provided by third parties. We provide these advertisements, promotions, and links to you for your information only. If you access these advertisements, promotions, or links, you may be directed to third-party websites. These third-party websites will have their own terms of service, as well as privacy and security policies, which may differ from ours. Our display of advertisements, promotions or links to third-party websites does not constitute an endorsement by us of any third-party content, information, websites, or resources.
5. PROHIBITED USES OF THE WEBSITE OR SERVICES
5.1. You must not use the Website / Services:
(a) for the purpose of harming or attempting to harm minors in any way;
(b) to bully, insult, intimidate or humiliate any person;
(c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (set out in clause 6);
(d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) (or “spimming”, “phishing”, “trolling” or similar activities);
(e) to knowingly transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
(f) to upload terrorist content.
5.2. You also agree:
(a) not to reproduce, duplicate, copy or re-sell any part of the Website in breach of clause 10; or
(b) not to access without authority, interfere with, damage or disrupt:
(i) any part of the Website;
(ii) any equipment or network on which the Website is stored;
(iii) any software used in the provision of the Website; or
(iv) any equipment, network or software owned or used by any third party in connection with the Website.
5.3. You must not use another user’s personal information (including, their information from their profile page or images) for any purpose other than making use of the Services.
6. USER CONTENT
6.1. When using the Services / the Website, you may post your own content when you chat with other users or fictitious profiles or at other times. Any content posted by you or other users to the Website / Services (User Content) is not approved by us. The following content standards apply to all User Content contributed by you.
6.2. The content standards set out in this clause 6 must be complied with in spirit as well as to the letter. The standards apply to each part of your User Content as well as to the whole.
6.3. We will determine, in our discretion, whether User Content breaches these content standards.
6.4. User Content must comply with the law applicable in England and Wales and in any country from which it is posted.
6.5. You warrant that all User Content posted by you complies with the content standards set out in this clause, and you will be liable to us and reimburse us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
6.6. User Content must not:
(a) contain expletives or language that could be considered offensive or is likely to harass, upset, intimidate, alarm, or annoy any other person;
(b) be obscene or otherwise offend human dignity (including bestiality, child pornography, child abuse material, and incest);
(c) be abusive, insulting, threatening, or promote or encourage discrimination based on race, sex, sexual orientation, sexual preferences, age, religion, nationality, or disability;
(d) exploit people in a sexual, violent or (other) illegal way, or solicit personal information from our operators;
(e) offer money or any other benefits in exchange for sex or sexual activity;
(f) depict any person who has not consented to the creation or distribution of their image;
(g) infringe any right to privacy, publicity or confidentiality;
(h) promote or encourage any illegal activity, including prostitution, terrorism, inciting racial hatred, or post material which amounts to committing a criminal offence;
(i) be defamatory, libellous, or promote information that is false or misleading, or otherwise objectionable;
(j) infringe any copyright, database right or trade mark of any other person;
(k) promote an illegal or unauthorised copy of another person’s copyrighted work, including providing pirated computer programs or links to them, providing information to circumvent manufacturer installed copy-protect devices, or providing or linking to pirated images, audio, or video content;
(l) request money from, or be intended to defraud, other users of the Services;
(m) provide instructional information about illegal activities, including making or buying illegal weapons or drugs; violating someone’s privacy; or providing, distributing, or creating computer viruses;
(n) relate to commercial activities, including sales, competitions, sweepstakes, advertising, pyramid schemes, links to other websites or premium line telephone numbers;
(o) contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(p) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users can type, or otherwise negatively affect other users’ ability to engage in real time exchanges; or
(q) solicit passwords or personally identifying information for commercial or unlawful purposes from other users, or distribute another person’s personal information without their permission.
6.7. We have no knowledge of the User Content that is posted by you, unless we receive a complaint about it. We do not monitor User Content. You are solely responsible and liable for any User Content you provide.
6.8. You acknowledge that any user using the Services may see and view your profile. In light of this, we recommend that you consider carefully what information you include in your profile. This is important to protect your privacy, but also for safety reasons.
6.9. We may remove, edit, limit, or block access to any User Content that you upload or submit to the Website and/or Service at any time without notice. We are not required to display your User Content, check the accuracy of User Content, or monitor your or other users’ use of the Website and/or Service. If we become aware of a breach of this clause 6, we may take appropriate legal action against you, including removing the User Content from the Website and/or Service, terminating or suspending your account and, where appropriate, notifying law enforcement authorities.
6.10. You must not to share any personal contact or banking information on your individual profile page through your account whether about you or any other person, including names, home address, post codes, telephone numbers, email addresses, URLs, credit/debit card or other banking information. If you chose to reveal such information, you do so at your own risk.
7. INTERACTIONS WITH OTHER USERS
7.1. We take our users’ safety seriously. If we receive a complaint from another user about your activities, we may, at any time, restrict the number of messages that you can send to such user or any other user in any time period to a number that we consider appropriate, or block contact between you and such user entirely.
7.2. We do not conduct any criminal or other background checks on our users. You are solely responsible for your interactions with other users of the Services. We do not:
(a) monitor the activity of our users;
(b) screen or interview users; or
(c) verify the accuracy of any statements made by them (for example, about their age or gender).
7.3. We recommend that you take reasonable precautions when interacting or communicating with other users. If you chose to meet other users, you do so at your own risk.
8. THE SERVICES AND THE WEBSITE
8.1. The Website and the Services are solely designed for adult pleasure. As part of the Services, we provide a dating chat service, which enables you to chat with other users, and a digital fantasy chat service, which enables you to chat with fictitious profiles created and set up by us.
8.2. As part of our dating chat service, you can connect with other users of the Services, and use your purchased credits to send messages to them. We cannot guarantee that you will receive a response to your messages from such users and even if you do not, you will still be charged.
8.3. As part of our digital fantasy chat service, you can chat with our fictitious profiles. This works as follows:
(a) When chatting to our fictitious profiles or receiving messages from them, you may initially receive an automated message prior to one of our operators sending a response.
(b) All fictitious profiles are created by us solely for your entertainment. Our operators role play those fictitious characters. We do not reveal the identity of our operators to users, and it is not possible to meet our operators in person.
(c) Even though interactions with our fictitious profiles may simulate real life discussions, they are role play. To protect your privacy, we recommend that you do not share your real name or contact details during these chats.
8.4. When communicating with other users, you should not share any personal details with them or provide them with any information other than your profile information. This helps protect your privacy. For safety reasons, we do not recommend that you meet other users in person.
8.5. With regard to any fictitious profiles created by us for your entertainment, you acknowledge that:
(a) the fictitious profiles (or any content within such profiles) do not pertain to any actual person and are for digital entertainment purposes only;
(b) nothing contained in any fictitious profile is intended to describe or resemble any real person living or dead. Any similarity between digital fantasy profiles and any person is purely coincidental;
(c) we may create test profiles to test the functionality of the Services and Website to improve service quality for our users;
(d) no physical meeting will ever take place between you and our operators; and
(e) the exchange of messages between you and the digital fantasy profiles is purely for entertainment purposes, and to encourage further or broader participation in the Services.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
10. INTELLECTUAL PROPERTY RIGHTS
10.1. Our rights. We and/or our licensors retain all intellectual property rights related to the Services, the Website and User Content. Nothing in our contract with you transfers any ownership rights from us to you.
10.2. Your rights. You retain all of your ownership rights in your User Content, but you agree to grant us a licence as set out in clause 10.4 below.
10.3. Non confidential and non proprietary. Any content you upload to the Website will be considered non-confidential and non-proprietary. We also have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
10.4. Rights you give us. When you upload or post User Content to the Website, you automatically and free of charge grant us an unlimited, worldwide, non-exclusive, royalty free, irrevocable, sublicensable and transferable right to reproduce, distribute, redistribute, modify, translate, adapt, prepare derivative works, display and otherwise use all or part of your User Content, by any and all means, in the context of providing the Services, the Website and/or our business activities.
10.6. You guarantee that you have all rights to grant the licence as set out in clause 10.4, without infringing or violating any third-party rights, including any privacy rights, publicity rights, intellectual property or any other proprietary rights. You shall reimburse us for any loss and costs arising from and/or related to third party claims that the User Content provided by you or other use of the Services by you in any manner infringes any third-party rights and/or is otherwise wrongful.
10.7. Usage restrictions. Users must not use any User Content uploaded or posted by other users. However, we shall not be responsible for any unauthorised use by any user.
11. PAYMENT & REFLECTION (OR “COOLING OFF”) PERIOD
11.1. You can purchase digital credits, also known as "credits or tokens", to use the Services available on the Website. Such digital credits lose their validity 3 months after the date of purchase. When spending credits, the credits purchased earliest are automatically used before credits purchased more recently.
11.2. The total price payable for the digital credits will be displayed on the checkout page and will include VAT or any other applicable sales tax. We accept payment via a third party payment service provider (who will vary depending on the country where you make the payment). As part of the checkout process, you will automatically be re-directed to their website for payment.
11.3. If you initiate a chargeback or otherwise reverse a payment made by you using your chosen payment method without a valid reason, we may terminate your account and block your access to the Website and the Services. In addition, you will be liable for all extra costs for such chargebacks and the chargeback-process.
11.4. Cooling off. You have a legal right to change your mind and receive a refund of what you paid. This is subject to some conditions, set out below.
(a) You cannot change your mind if you have used up all the credits purchased.
(b) You have 14 days after the day you purchased the credits to let us know that you changed your mind.
(c) To do this, contact us at: [email protected].
(d) You must pay for the credits used before you changed your mind. We will therefore only refund the balance of credits that are unused when we receive your notice that you have changed your mind.
(e) We will refund you as soon as possible and within 14 days of you telling us that you have changed your mind. We refund you by the method you used for the payment, unless you expressly agree otherwise. We do not charge a fee for the refund.
12. IF THERE IS SOMETHING WRONG WITH WEBSITE AND/OR SERVICES
12.1. If you think there is something wrong with the Website and/or the Services, please contact us. We honour our legal duty to provide you with Services that are as described to you on the Website and that meet all the requirements imposed by law.
13. WE CAN SUSPEND THE SERVICES AND/OR THE WEBSITE
13.1. We can suspend the Website and/or Services. We do this to:
(a) deal with technical problems or make minor technical changes;
(b) update the Website and/or Services to reflect changes in relevant laws and regulatory requirements; or
(c) make changes to the Website and/or Services.
13.2. We will contact you in advance to tell you we are suspending the Website and/or the Services, unless the problem is urgent or an emergency.
13.3. If we suspend the Website and/or the Services, or tell you we are going to do so, you can contact us at [email protected] within 30 days of the start of the suspension to end the contract and we will refund any sums you have paid in advance for Services you have not received or will not receive.
14. WE CAN WITHDRAW THE WEBSITE AND THE SERVICES
14.1. We can stop providing the Website and/or the Services. If we do so, we will let you know at least 3 days in advance and we will refund any sums you have paid in advance for Services that we have not provided.
14.2. We may terminate the contract with immediate effect by notifying you by email if we can no longer provide the Website and/or the Services due to technical problems. We will refund any sums you have paid in advance for Services that we have not provided.
15. ON-GOING CONTRACT AND ENDING THE CONTRACT
15.1. As part of creating your account with us, you will have accepted these terms and conditions. Once you have accepted these terms and conditions, you are legally bound by this contract. Any purchases made via the Website are subject to these terms and conditions.
15.2. The contract continues until it is ended in accordance with this clause 15.
15.4. We may end this contract:
(a) with immediate effect if you have not used your account for 3 months. You will not receive prior notification of this;
(b) with immediate effect by notifying you by email if you breach any of these terms and conditions or have breached any applicable laws or regulations;
(c) in accordance with clause 14.2; or
(d) by giving you not less than 30 days’ notice by email for any other reason or for no reason.
15.5. Upon the contract ending for any reason:
(a) your right to use the Website and the Services shall cease and you must cease all activities authorised under these terms and conditions;
(b) you must not re-register for the Services and we may block your email address and Internet Protocol (IP) address;
(c) we may continue to use any User Content uploaded by you;
(d) we will delete your account or put it beyond use (including your User Content except for chats); and
(e) we retain your chats with our fictitious profiles or other users, but these will not be available to other users.
15.6. We may temporarily suspend your access to the Website and/or the Service if we suspect that you have misused the Website and/or the Services or if your conduct may damage our reputation or goodwill.
16. WE DO NOT COMPENSATE FOR ALL LOSSES CAUSED BY US, THE WEBSITE OR THE SERVICES
16.1. We are not responsible for losses you suffer caused by us breaking this contract if the loss is:
(a) Unexpected, i.e. it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in law, the loss was unforeseeable).
(b) Caused by a delaying event outside our control, provided we have taken the steps set out in clause 17. We are not responsible for events outside our control.
(c) Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
(d) A business loss, i.e. it relates to your use of the Website or the Services for the purposes of your trade, business, craft or profession.
16.2. Non compliance with content standard. We are not responsible for losses you suffer arising from your use of the Services in contravention of our content standards set out in clause 6.
16.3. The limitations of liability apply collectively to our affiliated companies, directors, employees, representatives and legal successors, who may at all times rely upon the provisions of this article for their own benefit.
17. WE ARE NOT RESPONSIBLE FOR EVENTS OUTSIDE OUR CONTROL
17.1. If the provision of Services is prevented by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. This will be normally via a pop up message on the Website, although we may contact you in another way. As long as we do this, we will not compensate you for the time the Services were not available, but if the delay is likely to be substantial you can contact us to end the contract and receive a refund for any Services you have paid for in advance, but not received.
18. CHANGES TO THESE TERMS AND CONDITIONS, THE WEBSITE AND THE SERVICES
18.1. Changes we can always make. We can always change these terms and conditions, the Website and/or the Services:
(a) to reflect any changes in relevant laws and regulatory requirements;
(b) to make minor technical adjustments and improvements, for example, to address a security threat. These are changes that will not affect your use of the Website or Services; or
(c) to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it.
18.2. Changes we can only make if we give you notice and an option to terminate. We can also make other types of change to these terms and conditions, the Website and/or the Services, but if we plan to do so we will notify you and you can then contact us to end the contract before the change takes effect and receive a refund for Services you have paid for in advance, but not received.
19. HOW TO RESOLVE DISPUTES WITH US
19.1. Questions or complaints. In the event of a question or complaint, you can email [email protected].
(a) We aim to answer any questions within 5 working days.
(b) We will assess any complaint within 5 working days and, if the complaint is valid, we may grant you a (partial) refund.
19.2. Applicable laws. These terms and conditions are governed by English law.
19.3. Going to court. You may bring legal proceedings in respect of the Website and/or the Services in the English courts, or in the courts of the country where you are habitually resident if you do not live in England and this is possible under mandatory local laws of the country where you are resident.
19.4. Mandatory local laws. These terms and conditions do not affect the protection which you enjoy under the mandatory laws of your country of residence.