Website Terms and Conditions

Thank you for visiting our website https://www.steley.com.au/ (Website) and/or the mobile Steley App (App) (collectively, the Platform). The Platform is a communication platform offering a variety of services, including a chat room and is owned and operated by Steley Pty Ltd (ABN 47 618 998 477) (Steley, us or we). By accessing and/or using the Platform or any related services or creating an account via the Platform, you agree to these Terms and Conditions, which include our Privacy Policy (available at https://www.steley.com.au/en/privacy.html) (Terms). You should review our Terms carefully and immediately cease using the Platform if you do not agree to these Terms.
In these Terms, ‘you’ or a ‘User’ is any individual who creates an account via the Platform, takes part in a chat session via the Platform or utilises any of the services of the Platform.

1.    Registration

1.1    You will need to be a registered User to access certain features of the Platform.

1.2    When you register and activate your account, you must provide us with personal information such as your name, pseudonym or nickname, email address, date of birth, country of residence, post code, gender and gender preference. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

1.3    When you register and activate your account, we will provide you with confirmation of your chosen password and pseudonym. The use of a pseudonym with indecent or offensive content will not be accepted. You are responsible for keeping your pseudonym and password secure and are responsible for all use and activity carried out under your account. We will not be liable for any loss or damage arising from your failure to keep your password secure. 

1.4    To create an account and use the Platform, you must:
•    be at least 18 years of age;
•    possess the legal right and ability to enter into a legally binding agreement with us; and
•    agree and warrant to use the Platform in accordance with these Terms.

1.5    Account registration is free of charge. At any time, you must only be in possession or control of one pseudonym and one account with which you are entitled to use all communication and chat services on a regular basis.

1.6    Should we be concerned that any information you provide during the registration process in relation to your identity is not correct or accurate, we may request that you provide us with proof of your identity. Until proof is provided in a form which is acceptable to us, we may block your access to the chat room and other services on the Platform.

2.    Privacy

2.1    Our Privacy Policy, located at https://www.steley.com.au/en/privacy.html (Privacy Policy), sets out how we collect, store, use, process and disclose personal information. The terms of the Privacy Policy form part of these Terms. By using and/or accessing the Platform or otherwise providing your personal information to us, Users agree to the terms of our Privacy Policy.  

2.2    We collect personal information about you in order to enable you to access and use the Platform and services and to respond to your queries and for purposes otherwise set out in our Privacy Policy. 

2.22.3    Please note that the following personal information of a User will be available to other Users of a chat room:
•    age;
•    gender;
•    country of residence.
•    region;
•    family status; and
•    what the User is searching for.

2.32.4    We may disclose your personal information to third parties that help us deliver our services (including but not limited to information technology suppliers, communication suppliers, our related companies and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to server provider located in Denmark and to our related companies located in Europe, including but not limited to in Malta, Germany and the UK.

2.42.5    Our Privacy Policy contains further information about our privacy practices and procedures, including:
•    how we store and use, and how you may access and correct your personal information;
•    how you can lodge a complaint regarding the handling of your personal information; and
•    how we will handle any complaint.

2.52.6    If you would like any further information about our privacy practices or procedures, please contact us at privacy@steley.com.au.

3.    Moderator

3.1    Moderators have been hired by us to participate in the chat room to: 
•    supervise and monitor the use of the chat room; 
•    ensure that participants adhere to the conditions of the Platform; and
•    engage in conversation with Users in the chat room.

3.13.2    These moderators may take on various identities and carry out conversations with any of the Users online at a given time. They may not be identifiable as moderators and may be using a fictitious profile/account. A User may communicate with a moderator without the latter revealing his/her identity.

3.23.3    The presence of the moderators will also give Users an opportunity for discussion should there be a temporary lack of participants in the chat room at that particular time. Some individual profiles might not fully correspond to the profile of the person communicating online with the User as these are moderator profiles and not profiles of external participants. These moderator profiles may be male or female.

3.33.4    Moderators may report a User to us if the User engages in any unacceptable activity, including any of the activities described in clause 12 of these Terms.

4.    Account Deletion and erasure of personal data 

4.1    Messages that you have received from other Users or us will either appear on screen after logging in or be sent to you via email to the email address given by you at the time of registration or to the last email address you have provided to us. 

4.2    If you wish to contact us, you may contact us by email (as shown at the end of these Terms) or by post at the following address:
Steley Pty Ltd
Level 12
60 Carrington Street
Sydney NSW 2000

4.3    Your written correspondence should contain your name, address and pseudonym as well as the email address with which you registered your account.

4.4    Should you ascertain, or suspect, that your account is being misused, then you should inform us in writing immediately. In the event it is being misused, we will then endeavor to block the account.

4.5    Participation in the chat room after registration is not obligatory. However, we reserve the right to delete an account, together with the pseudonym and personal information connected with the account, should it remain inactive for more than 180 days, and if there is no flirt coin credit on the account.

4.6    You will be informed of this deletion via the email at least one week prior to the planned deletion. If you do not log into your account before the proposed deadline and do not contest the deletion in writing, then the account will be erased from the Platform.

4.7    You can terminate this Agreement at any time by using your App, going to Settings/My Account, and selecting “Delete account”; you will then receive an email to the email address you used to register your account and will need to click on the link embedded in that email to confirm and complete the deletion of your account. 

With the deletion of your user account, the personal information/ data will also be deleted, unless it is a user account with which payment was made or legally relevant. You can find out more about it under: https://www.steley.com.au/en/privacy.html in the category "Personal data deletion and storage period" and " How long we retain your information or personal data/ request data deletion”.

4.8    Alternatively, you may stop using our services and notify us of your wish to terminate this Agreement by email (see category 15, paragraph 15.1) or via our website https://www.steley.com.au  by clicking on "Help" at the very bottom of the bar and then on "Can I delete my profile?"; if you are already logged in, a new window will open where you can choose between "Yes" and "No" to delete the account. If you choose "Yes", an email will be sent to you automatically where you will have to confirm the link to delete the account permanently. If you choose "No", the account will remain open.
In case you are not logged in, you follow the same procedure as described above, with one difference: when the new window opens, you need to enter the correct email address with which you registered. Consequently, you will receive email with a link where you can confirm the account deletion.
Another option is to use the link directly: https://steley.com.au/community/profile/delete , taking into consideration whether you are already logged in or not, as already described above.

With the deletion of your user account, the personal information/ data will also be deleted, unless it is a user account with which payment was made or legally relevant. You can find out more about it under: https://www.steley.com.au/en/privacy.html in the category "Personal data deletion and storage period" and " How long we retain your information or personal data/ request data deletion”.

4.9    After deletion of the account, the pseudonym will be released and available to the public for future use. All personal information connected with the account will also be deleted in so far as we are not legally required to retain that the information and the data is not required as legal evidence. More about deletion of personal information can be found at: https://www.steley.com.au/en/privacy.html or via email to service(at)steley.com.au 

4.10    You will not be entitled to any compensation, damages or other payment from us as a result of the deletion of your account and personal information and the release of your pseudonym.

5.    Chat Room

5.1    We offer a variety of services on the Platform, including a chat room. By creating an account on the Platform, you will have access to the database of Users of the chat room in order to make new acquaintances. Other services are also on offer, both free of charge and for payment with flirt coins. The chat room does not offer a matchmaking service.

5.2    We may offer products and services for purchase via the Platform (Paid Services). The Platform uses an artificial currency called 'flirt coins' to exchange for the Paid Services. Flirt coins are available for purchase via the Platform and may only be used for the purchase of Paid Services on the Platform and not for any other purposes. Flirt coins are not legal tender.

5.3    Paid Services are available for purchase on the Platform for a certain number of flirt coins. Before purchasing any Paid Services, you will he informed as to the number of coins required to purchase that Paid Service. Once your payment has been processed and confirmed, the requisite number of flirt coins will be deducted from your account and the Paid Service will be made available to you.

5.4    We do not warrant or represent that the Platform or the services offered via the Platform will be available on a permanent basis or at all possible times. The chat room, in particular, may at times be temporarily unavailable due to maintenance work. Should this occur, you are not entitled to any compensation, damages or other payment from us. We will, however, endeavor to maintain the working order of the chat room as well as all the other online services on the Platform.

5.5    In order to make full use of the services on offer on the Platform, including the chat room, it is necessary for the User to have installed the latest version of the browser on their computer and have activated the Java script, cookies, pop-ups etc. It is possible when using older browser versions, or less well-known browsers, that the services we offer may be limited.

5.6    We reserve the right to amend, limit, or discontinue the Platform, the information, products or services described on at any given time without notice. We may, but are not obligated, to intervene and control any material, information, photographs or content texts, photos and graphics (User Content) to ensure that User Content complies with applicable laws and with these Terms. If deemed necessary, we may take measures to delete non-compliant User Content without consulting the User responsible for the User Content and the User will not be entitled to any compensation, damages or other payment from us in respect of that deletion.

6.    Payment

6.1    You are able to purchase flirt coins via the Platform. These are on offer in a number of different categories and packages. You may choose your method of payment (from those that are available on the Platform) and the number of flirt coins you wish to purchase. Once your payment has been processed and confirmed, the flirt coins you have purchased will be credited to your account and may be used immediately.

6.2    Should the payment fail for any reason (e.g. incorrect details, lack of credit etc.), then the amount of flirt coins the subject of the transaction will not be credited to your account. Any coins which are already credited to your account will be immediately removed without further notice. Any costs incurred due to these transactions are to be paid by you.

6.3    You are responsible for the amount of flirt coins credited to your account. You are able to check the balance of your account via the Platform. Your account details are secured against loss in accordance with the technology currently available via a back-up system. However, it is not possible to protect all data against external misuse or loss.

7.    Accuracy, completeness and timeliness of information

7.1    The information on the Platform is not comprehensive and is only intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the Platform, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the Platform. You should monitor any changes to the information contained on the Platform.

7.2    We have no control over the accuracy, truthfulness and security of User Content. We do not endorse and are not liable for any illegal actions or omissions by Users, User Content and any User activities which do not comply with these Terms.

7.3    We are not liable to you or anyone else if interference with or damage to your computer systems or devices occurs in connection with the use of this Website (or a linked website) or our App. You must take your own precautions to ensure that whatever you select for your use from our Website and App is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems or devices.

7.4    We may, from time to time and without notice, change or add to the Website and/or App (including the Terms) or the information, products or services described on our Website or App. However, we do not undertake to keep the Website and App updated. We are not liable to you or anyone else if errors occur in the information on the Website or App or if that information is not up-to-date.

8.    Promotions and competitions

8.1    From time to time we may offer certain campaigns, promotions or contests (each a Campaign). Additional terms and conditions may apply to a Campaign. If you want to participate in a Campaign, you must agree to the relevant terms and conditions applicable to that Campaign. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail to the extent of that inconsistency.

9.    Linked Sites

9.1    The Platform may contain links to websites operated by third parties. Where we have provided those links, they have been provided for convenience and may not remain current or be maintained. Users may also publish or distribute links to other websites via the Platform (User Links). Unless expressly stated otherwise, we do not endorse and are not responsible for and have no control over the User Links and any content contained within the User Links.

9.2    Should we be informed that a User Link has been published in the chat room, the content of that User Link would contravene these Terms, then we may remove that User Link.

10.    Intellectual property rights

10.1    Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Platform and in all of the material, information or photographs published on, contained in or distributed through the Platform or otherwise made available by us (including all text, graphics, logos, audio and software) (Steley Content).

10.2    Your use of the Platform and use of and access to any Steley Content does not grant or transfer any rights, title or interest to you in relation to the Platform or the Steley Content. However, we do grant you a license to access the Platform and view the Steley Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorized by us and/or our third-party licensors.

10.3    Any reproduction, reverse engineering or redistribution of the Platform or the Steley Content is prohibited. 

10.4    Each User is responsible and liable for all of its User Content. The User must ensure that its User Content does not breach any intellectual property or other rights of a third party, including but not limited to copyright, or any applicable laws. We are not responsible or liable for the deletion, loss, corruption or failure to store any User Content.

10.5    By submitting, posting, publishing or distributing User Content on or through the Platform, User grants to us a worldwide, non-exclusive, royalty-free licence to reproduce, adapt, modify, commercialise, publish, distribute or otherwise any that User Content. The User represents and warrants that it has all the rights, power and authority necessary to grant this licence.

11.    No commercial use

11.1    The Platform is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Steley Content, software, products or services contained within the Platform. You must not use the Platform, or any Steley Content, for any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

12.    Unacceptable activity

12.1    You must not, in connection with your use of the Platform or ant of our services, do any act that is inappropriate, unlawful or prohibited by any laws applicable, including but not limited to:
•    any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
•    using the Platform to defame or libel us, our employees or other individuals;
•    uploading files that contain viruses that may cause damage to our property or the property of other individuals;
•    posting or transmitting to the Platform any non-authorised material, including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, immoral, illegal, racist, obscene, violent, threatening, pornographic, harmful to minors or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

12.2    You are prohibited form offering sexual services via the Platform or giving information as to possible sexual activities.

12.3    Threats and insulting behaviour towards other Users is strictly forbidden. The exchange of money, or requests for money, via the Platform is not permitted whether this be in legal tender or monetary contributions of any kind. The circulation of chain letters is not permitted. Third party goods or services must not be promoted via the Platform.

12.4    We may, and in certain circumstances may be legally obligated, to immediately block or delete unacceptable material posted, published or distributed by a User and, if necessary, to secure evidence and inform the appropriate authorities.

12.5    We have the right to take down any information you post at our sole discretion and without notice.

13.    Warranties and disclaimers

13.1    You acknowledge and agree that your use of and access to the Platform is at your sole risk (including in relation to any loss of data or damage to your computer systems) and the Platform is provided “as-is”, “with all faults” and “as available”. To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties, guarantees or representations about the Platform, services we provide, the Steley Content or the User Content, including that:
•    the Platform, the Steley Content or the User Content will be reliable, accurate, current or complete;
•    the Platform is fit for the purpose intended;
•    the Platform, or a User’s access to the Platform will be secure, error free, uninterrupted or timely or that the Platform or the related server are free from viruses, bugs or other harmful applications or interference.

13.2    We reserve the right to restrict, suspend or terminate without notice your access to Platform, any Content, or any feature of the Platform at any time without notice and we will not be responsible for any loss, cost, damage or liability that you may suffer or incur as a result.

13.213.3    IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER ACT 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.

14.    Indemnity

14.1    You agree to fully indemnify and hold us harmless against any expenses, costs, loss, damage, claims, action, demands and liabilities that we may suffer or incur arising out of, in relation to or in connection with: 
•    your use of, access to or conduct (or that of any person using your account) in connection with the Platform, including any breach by you of these Terms, damage to any property, or injury or death to any person;
•    a breach of applicable law by you or any person using your account;
•    any infringement by any of your User Content of the proprietary, personal or other right of a third party;
•    any wilful, unlawful, fraudulent or negligent act or omission by you or any person using your account.

15.    Termination

15.1    You may close or delete your account at any time by providing written notice (Termination Notice), such as an email, to service at steley.com.au In order to eliminate the possibility of violation by a third party, any Termination Notice you submit must clearly show your identity to satisfy us that there has been no misuse of your account or identity by a third party.

15.2    We may close or delete your account at any time if we consider that you have committed a material or persistent breach of these Terms and the breach is not capable of remedy or, if capable of remedy, is not remedied as soon as possible or within the time specified in a written notice from us.

15.3    After your account is closed or deleted, your personal information will be deleted, unless otherwise required by applicable law. It is not possible to reactivate your account after deletion.

15.4    If you have unused flirt coins in your account at the time of its closure or deletion, then the cash amount in AUD will be refunded to you within three weeks from the date of the closure or deletion of the account.

15.5    Subject to applicable law, in the event that the Platform is shut down due to economic or other reasons, unused flirt coins in your account will not be refunded. Should the shutdown be planned, we will attempt to inform you at least two months before the shutdown, if possible.

16.    Liability

16.1    To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable to you for any direct or indirect loss, cost, damage, expense, claim or action - irrespective of the manner in which it occurs - which may be suffered due to your use of the Platform and/or the information or materials contained on it, or as a result of the inaccessibility of the Platform and/or the fact that any Content is incorrect, incomplete or not up-to- date.

17.    Severability

17.1    If the whole or any part of a provision of these Terms is invalid or unenforceable in a jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so as to be valid and enforceable. If however, the whole or any part of a provision of these Terms is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms in any other jurisdiction.

18.    Jurisdiction and governing law

18.1    Your use of the Platform and these Terms are governed by and construed in accordance with the law in force in New South Wales and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. 

19.    Amendments

19.1    We reserve the right to amend these Terms at any time. It is your responsibility to check these Terms regularly for amendments. Where changes to the Terms are material, notice will be provided to you before the amendments take effect. Further use of or access to the services on Platform, including the chat room, after any amendments have been made to the Terms, will signify your consent to these amendments.