Welcome to Spark Dating!
To make it easier for you to understand the terms on which we provide our services, we’ve tried to keep these terms of use (Terms) as simple as possible by using plain English.
When we talk about “Spark Dating,” “we,” “our,” or “us” in these Terms, we are referring to Spark Dating, an Australian business with ABN 68 860 645 230. When we talk about the “App” in these Terms, we are referring to our mobile application available on the Apple iOS Store and the Google Play Store, our website, and any associated services we offer.
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
These Terms set out the terms and conditions that apply when you use the App.
By using the App, or otherwise engaging with the content on the App, you represent and warrant that you are a resident of Australia, are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us, and you agree to be bound by these Terms. Users must verify their age and residency upon registration. If we discover that a user is underage or not a resident of Australia, we will terminate their account immediately. Spark Dating reserves the right to request proof of age and residency at any time.
Please have a careful read through these Terms before using the App. If you don’t agree to these Terms, please don’t use the App.
We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the App after we modify our Terms, you’ll be taken to have agreed to the Terms as modified.
In order to use the App, you will be required to sign up for an account (Social Account).
When you register for a Social Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration. If the information you provide is found to be false, inaccurate, incomplete, or fraudulent in any way, we may suspend or terminate your account.
You agree that you’re solely responsible for:
You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Social Account information or your password.
We do not charge any fees to use the basic features of our App. Use of our App is free of charge for all users and subject to these terms and conditions only. Additional features are available with a Subscription Plan.
Users have the option to enhance their experience on the App by subscribing to our premium plans: Spark Plus and Spark Ultra (collectively the Subscription Plans).
We may use third party payment providers (Payment Providers) to collect payments. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment. We may utilise Payment Providers such as Stripe, Apple Pay, Google Pay, and PayPal.
All fees for Subscription Plans, including Spark Plus and Spark Ultra, are inclusive of Goods and Services Tax (GST) as applicable under Australian law. Please note that any surcharges or additional fees imposed by third-party service providers, such as Payment Providers, may be charged on top of the Subscription Plan fees where applicable.
Except as otherwise set out on our website or required by law (including the Australian Consumer Law), we generally don’t offer refunds and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our App that you think should entitle you to a refund and we’ll consider your situation.
We’ll need you to make a few promises about the way you’ll use the App. You agree:
As part of using the App, you’ll be uploading images, content, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by using the features of the app, sharing content via the app on social media or by contacting us, or when you register a Social Account (Posted Materials).
By providing or posting any Posted Materials, you represent and warrant that:
By uploading any Posted Materials, you grant to Spark Dating (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material to the extent necessary for Spark Dating to provide the App.
We don’t have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may review and remove any Posted Materials that we reasonably believe violate these Terms, infringe any third party rights, or are otherwise inappropriate, at any time without giving any explanation or justification for removing the material and/or information.
If you believe that any content on the App infringes your intellectual property rights, please contact us immediately at info@spark-dating.com.au with detailed information to enable us to investigate and address the issue promptly.
Unless we indicate otherwise, all materials used in the App (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.
You can only access and use these materials for the sole purpose of enabling you to use the App in accordance with the plan you are on, except to the extent permitted by law or where you have received prior written approval from us.
Users are encouraged to report any content or behaviour that violates these Terms. Spark Dating reserves the right to monitor communications and content on the App to ensure compliance with these Terms and to take appropriate action, including removing content or suspending accounts.
By using the App, you consent to the collection and use of your data for analytics and improvement of the App. Spark Dating may use aggregated, non-identifiable data for research and development purposes to enhance user experience.
The App may contain text, images, data, and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
The App may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
By using the App, or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply (including app store providers such as Apple and Google).
You agree to any Third Party Terms applicable to any third party goods and services, and Spark Dating will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
If you are accessing the App from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
You acknowledge that the App is dependent on software and hardware developed by third party providers such as Apple and Google. If following an update by such third-party provider, the App can no longer function as they did prior to the update, we will not (to the maximum extent permitted by law) be liable to you for any loss or damage you might suffer as a result.
The App may offer features that are based on your location. You consent to the collection and use of your location data to provide these services. You can deactivate location-based services at any time through your device settings.
The App is made available to you strictly on an ‘as is’ basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:
To the maximum extent permitted by applicable law, Spark Dating limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the App to $100 (AUD) in aggregate. This includes the transmission of any computer virus.
You agree to indemnify Spark Dating and its employees, contractors, and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the App and/or breach of these Terms.
All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded.
Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (such as a refund) if there is a failure with the goods or App we provide.
To the maximum extent permitted by law, under no circumstances will Spark Dating be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the App, these Terms or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
You are responsible for the cancellation of your Social Account. You can cancel your Social Account at any time by using the functionality provided in the app.
To the extent permitted by law, we reserve the right to terminate your access to any or all of the App or any part of the App at any time without notice, for any reason.
We may also terminate your access to any or all of the App at any time without notice if you breach any provision of these Terms.
Spark Dating reserves the right to terminate accounts that have been inactive for a period of 12 months. Users will be notified via email prior to termination and given an opportunity to reactivate their account.
Upon cancellation, termination, or expiry of your Social Account, we will delete any Posted Materials associated with your Social Account. You won’t be able to recover any of this after cancellation, termination or expiry of your Social Account so we recommend you back up anything important to you. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Social Account.
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.
You agree to be bound by the clauses outlined in Spark Dating’s Privacy Policy, which can be found at https://www.spark-dating.com.au/privacy-policy.
Spark Dating controls the operation of the App from headquarters located in Australia. Some of the App or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.
We make no representation or warranty that all of the features of the App will be available to you outside of Australia or that they are permitted to be accessed outside Australia. You’re solely responsible for your decision to use the App from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the App.
Spark Dating reserves the right to disclose any information related to you or your Social Account if required to do so by law, regulation, or in response to a valid request by a law enforcement or governmental authority. This includes but is not limited to any police investigations, regulatory compliance, or other legal reasons deemed necessary to protect the rights, property, or safety of Spark Dating, its users, or the public. Such disclosure will be carried out in accordance with applicable laws and regulations.
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate, or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing, and performing this agreement.
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.