Terms & Conditions

Smoozers ("we," "us," "our," or "the Company"), a company incorporated under the laws of Australia, with its registered office at 86 Bramston Terrace, QLD Hurston Brisbane, Australia, operates a modern dating platform (the "Platform") focused on fostering authentic connections through advanced matching algorithms and comprehensive user profiles. By accessing or using the Platform, whether via our website or mobile application, you ("User" or "you") agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, you are prohibited from accessing or using the Platform.

We reserve the absolute right to modify these Terms at any time, with or without prior notice. Any changes will be posted on the Platform, accompanied by an updated "Last Updated" date. Your continued use of the Platform following such changes constitutes your irrevocable acceptance of the revised Terms, including any future updates.

1. Introduction and Acceptance of Terms

Smoozers provides a service designed to connect Users with shared interests for the purpose of creating meaningful relationships. Access to and use of the Platform is contingent upon your acceptance of these Terms, our Privacy Policy, and our Refund Policy (collectively, the "Agreements"). By creating an account or using the Platform, including via Google sign-in, you explicitly agree to these Agreements, which form a legally binding contract between you and Smoozers.

2. Definitions

3. Account Registration and Use

3.1 Eligibility

You must be at least 18 years of age to register for an account. By creating an account, you represent and warrant that you meet this requirement.

3.2 Mandatory Consent

Upon account creation, whether directly or via Google sign-in, you must affirmatively agree to these Terms, our Privacy Policy, and our Refund Policy. Failure to provide such consent will prevent you from accessing the Platform. We strongly encourage you to read these documents in full prior to agreeing.

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your password. Smoozers bears no liability for any loss, damage, or unauthorized access resulting from your failure to secure your account.

3.4 Accurate Information

You agree to provide accurate, current, and complete information during registration and to maintain its accuracy. Smoozers is not responsible for any consequences arising from inaccurate or incomplete information.

4. User Conduct and Responsibilities

4.1 Lawful Use

You agree not to use the Platform for any illegal, unethical, or unauthorized purpose or in any manner that violates these Terms.

4.2 Prohibited Conduct

You shall not:

• Post or transmit Content that is unlawful, harmful, threatening, abusive, defamatory, obscene, invasive of privacy, or otherwise objectionable;
• Engage in fraudulent activities, including but not limited to fraudulent payments or misrepresentation of identity;
• Attempt to harm the reputation of Smoozers through false statements, fraudulent reviews, or defamation.

4.3 User Interactions

Smoozers facilitates connections between Users based on shared interests but does not intervene in or assume responsibility for interactions between Users, whether online or offline. You are solely accountable for your engagements with other Users, and Smoozers disclaims all liability for any disputes, harm, or outcomes arising therefrom.

4.4 No Guarantee of Outcomes

Smoozers does not promise or guarantee that you will find a match, establish a relationship, or achieve any specific result from using the Platform.

5. Intellectual Property

5.1 Ownership

All software, algorithms, designs, and Content on the Platform, excluding User-generated Content, are the exclusive property of Smoozers and are protected by Australian and international intellectual property laws.

5.2 User License

Smoozers grants you a limited, non-exclusive, non-transferable, revocable license to use the Platform for personal, non-commercial purposes, subject to these Terms.

5.3 User-Generated Content

By uploading Content to the Platform, including images and profile information, you grant Smoozers a perpetual, irrevocable, royalty-free, worldwide license to use, store, reproduce, modify, and display such Content solely for the purpose of operating and improving the Platform.

6. Privacy and Data Protection

6.1 Data Storage

Smoozers stores User-provided information, including email addresses, profile data, and images, as part of your editable Profile. You may modify your Profile at any time, but Smoozers retains the right to store residual data as necessary for operational and legal purposes.

6.2 No Data Sharing

Smoozers does not sell, share, or transfer User data to third parties, except as required by law. All software and services are developed in-house, with no reliance on third-party providers.

6.3 Security Measures

We implement end-to-end encryption and robust security protocols to protect your data. However, Smoozers is not liable for any unauthorized access or breaches beyond our reasonable control.

6.4 Consent

By using the Platform, you consent to the collection, storage, and processing of your data as outlined in our Privacy Policy.

7. Service Operation and Limitations

7.1 Software-as-a-Service

As a SaaS provider, Smoozers may experience occasional service interruptions, including server downtime or technical issues. We are not liable for any losses, damages, or inconveniences resulting from such interruptions.

7.2 Reporting Issues

If you experience service disruptions, you must notify us at contact@smoozers.com. Smoozers is not obligated to address unreported issues.

8. Limitation of Liability

8.1 No Warranty

The Platform is provided "as is" and "as available," without any warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

8.2 Exclusion of Damages

To the fullest extent permitted by law, Smoozers, its founders, owners, shareholders, officers, directors, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of data, profits, or goodwill, arising from your use of or inability to use the Platform.

8.3 Liability Cap

In no event shall Smoozers' aggregate liability exceed the amount paid by you to Smoozers, if any, in the six months preceding any claim.

8.4 Separate Legal Entities

The founders and shareholders of Smoozers are separate legal entities from the Company and shall not be personally liable for any claims or lawsuits against Smoozers.

9. Indemnification

You agree to indemnify, defend, and hold harmless Smoozers, its founders, owners, shareholders, officers, directors, employees, and affiliates from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Platform;
• Your violation of these Terms;
• Your interactions with other Users;
• Any fraudulent, defamatory, or unlawful conduct on your part.

10. Termination

10.1 Termination by Smoozers

We may suspend or terminate your account and access to the Platform at our sole discretion, with or without notice, for any reason, including suspected breaches of these Terms.

10.2 Effect of Termination

Upon termination, your access to the Platform will cease, and Smoozers may delete your Profile and associated data without liability.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Australia, unless and until Smoozers designates a different jurisdiction in the future.

11.2 Arbitration

Any dispute arising from these Terms shall be resolved exclusively through binding arbitration under the Australian Centre for International Commercial Arbitration (ACICA) Arbitration Rules. You waive any right to pursue class actions or representative proceedings.

12. Changes to Terms

12.1 Modification Rights

Smoozers may update these Terms at any time, with changes effective upon posting to the Platform. Your initial acceptance of these Terms constitutes your agreement to abide by all present and future revisions.

12.2 User Responsibility

It is your responsibility to review the Terms periodically. Continued use of the Platform after changes signifies your binding acceptance of the updated Terms.

13. Contact Information

For inquiries regarding these Terms, contact us at:

14. Additional Protective Provisions

14.1 Fraudulent Reviews and Defamation

Any deliberate attempt to damage Smoozers' reputation through fraudulent reviews, false statements, or defamation may result in Smoozers pursuing legal action, including claims for defamation, damages, and injunctive relief.

14.2 Fraudulent Payments

Users engaging in fraudulent payment activities will be subject to account termination and legal proceedings to recover losses and damages.

14.3 No Responsibility for Engagements

Smoozers serves solely as a platform to connect Users with shared interests and does not assist, monitor, or intervene in real-life or online engagements. We disclaim all liability for outcomes of such interactions.

14.4 Force Majeure

Smoozers is not liable for delays or failures in performance due to events beyond our control, including but not limited to natural disasters, cyberattacks, or government actions.

14.5 Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.6 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

15. Refund Policy

All payments to Smoozers are non-refundable unless explicitly stated in our Refund Policy. Users must review the Refund Policy prior to making payments.

16. Counter Lawsuits and Legal Protections

16.1 Right to Counterclaim

Smoozers reserves the right to file counter lawsuits against any User, entity, or third party whose actions, including frivolous lawsuits or false complaints, cause financial or reputational harm to the Company. Such actions may include claims for defamation, damages, and legal costs.

16.2 Transparency

Smoozers operates with full transparency regarding its role as a connection platform and its limitations as a SaaS provider. By agreeing to these Terms, you acknowledge and accept these conditions, binding you to resolve disputes through arbitration rather than litigation.

17. Acknowledgment and Consent

By creating an account or using the Platform, you confirm that you have read, understood, and agreed to these Terms, including your consent to electronic acceptance via digital means, which is legally binding under Australian law.

These Terms & Conditions are crafted to protect Smoozers, its founders, owners, and shareholders from liability while ensuring Users are fully informed of their obligations. Your use of the Platform constitutes your agreement to these Terms in their entirety.