Background
Thank you for visiting our Terms of Use (Agreement), we are Ability Amore Services Pty Ltd 684 897 103 (Ability Amore Services, we, our, us and other similar terms). We provide a mobile dating app for individuals with special needs, known as Ability Amore (Ability Amore).
This Agreement outlines the terms and conditions associated with your use of Ability Amore. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on our Website or within Ability Amore itself.

2. Disclaimers
We do not guarantee any particular outcome from using Ability Amore, including success in dating, forming relationships and friendships or any other purpose. You are solely responsible for your interactions with other users of Ability Amore. We are not responsible for the actions, content or behaviour of other users of Ability Amore and we do not guarantee the safety or security of any interaction. We recommend exercising caution and discretion when interacting with other users.
We may provide educational information on relationships, friendships, consent and dating safety through Ability Amore. This content is for general informational purposes only and does not constitute professional advice. We do not guarantee the accuracy, completeness or suitability of this information for your personal circumstances. If you require specific advice, you should consult a qualified professional.

3. Agreement
3.1 Accepting this Agreement
By installing Ability Amore and creating an Account, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to continue using Ability Amore.
You must not use Ability Amore if you are not able to form legally binding contracts, are under the age of 18, or require a guardian or caregiver to make decisions on your behalf.
3.2 About this Agreement
Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined throughout this Agreement and in clause 18. They aid to clarify these terms and conditions.
Please feel free to email us at info@abilityamore.com.au if you have any questions.
4. Term
This Agreement will commence when you create an Account for Ability Amore and will continue for the Subscription Period or until the date of termination of this Agreement in accordance with clause 16.
If this Agreement is not terminated in accordance with clause 16, prior to the expiry of the then current Subscription Period, this Agreement will automatically renew for a period equal to the current Subscription Period. Any variations to the Agreement, or Subscription Package you have, comes into effect on renewal.
5. Licence
We grant you a non-transferrable, non-exclusive and revocable licence to access Ability Amore for the Subscription Period, subject to and conditional upon your compliance with the terms and conditions of this Agreement.

The features available to you are determined by the inclusions and usage restrictions that may be set out in the Subscription Package which you choose at time of signing up. You acknowledge and agree that if you exceed the usage restrictions or wish to make use of alternate or new features of Ability Amore you may be required to upgrade your subscription.

6. Payment
You agree to pay any applicable Subscription Fee that may be associated with the Subscription Package you have procured, immediately upon creating your Account and on commencement of each subsequent Subscription Period.
Unless expressed otherwise, Subscription Fees are quoted in Australian Dollars and are inclusive of GST, withholding taxes, duties and charges imposed or levied in Australia, in connection with this Agreement.
You are responsible for all bank fees and charges applied by the payment gateway provider, which you choose to use.

7. Requirements for use
7.1 Access
You acknowledge and agree Ability Amore will only be accessible using the internet, by users with a valid Account and will not be available “locally” from your own servers or devices.
In order to make full use of Ability Amore you must allow your device access to that device’s data connectivity, email, address book, SMS, storage and phone services.

7.2 Support and maintenance
Support for Ability Amore is provided in accordance with the support arrangements as set out within Ability Amore itself or on our Website and may vary from time to time.
If it is necessary to interrupt your use of Ability Amore, we will endeavour to provide you with reasonable notice (where possible) of when, and the anticipated duration for which, Ability Amore will be unavailable.
You acknowledge access to Ability Amore may be changed, interrupted or discontinued for many reasons, some of which are beyond our control and during routine maintenance there may be updates to Ability Amore which may change the interface and manner in which it functions.
To the maximum extent permitted at law, we are not liable for any loss, foreseeable or not, arising from any interruption to Ability Amore, whether planned or not, and any such interruptions will not constitute a breach by us of this Agreement.

8. Your use of Ability Amore
8.1 Registering an Account
In order to use Ability Amore, you are required to provide us with Personal Information and create an Account with us.

You agree to provide any information reasonably requested by us for the purpose of setting up your Account. You must ensure that all of the information you provide to us is accurate and complete in all respects, you will inform us by updating your Account details whenever any such information changes and you will not provide false or misleading information.
Providing honest and correct information is an essential term of this Agreement and contributes to a safe dating environment. If we reasonably believe the information you provide is false or misleading we may immediately suspend or terminate your account.

8.2 Account security
Maintaining the security of your Account is important to ensuring your Personal Information, and that data which we process on your behalf, remains safe. We work hard to keep Ability Amore secure and we ask you to contribute.

You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit. If you require support in understanding this Agreement or in using Ability Amore, you may seek assistance from a guardian or caregiver. However, all interactions on Ability Amore must be conducted by you personally.

You also agree not to disclose your Account security credentials to another person or permit them to access your Account. You are responsible for the activities undertaken using your Account which occur via Ability Amore, whether such activities are authorised by you or not.

8.3 Lawful use of Ability Amore
You undertake not to upload, store or access any data on Ability Amore if such access or storage would infringe a person’s Intellectual Property right, breach any Privacy Law or breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory of Australia).

8.4 Conduct which is expressly prohibited
You may only acquire and make use of Ability Amore for the sole purpose of meeting your personal dating or social interaction needs, and not for any business or commercial purposes. You must not use or include any part of Ability Amore in any service bureau or fee generating service offered to third parties.
You must not:
(a) in any way tamper with, hinder or modify Ability Amore;
(b) use Ability Amore directly or indirectly for any activity or transmit any User Content, information or material unlawfully, or which is obscene, indecent, uses offensive language, defames, abuses, harasses, stalks, threatens, menaces or offends any person;
(c) knowingly transmit any viruses or other disabling features to or via Ability Amore;
(d) intentionally disable or circumvent any protection or disabling mechanism of Ability Amore;
(e) use Ability Amore in any way which could be reasonably expected to interfere with or damage our systems, any other operator’s systems, or another user’s enjoyment of Ability Amore; or
(f) attempt, facilitate or assist another person to do any of the above acts.

8.5 Our right to suspend
We reserve the right to limit or suspend your licence to access Ability Amore if you fail to pay the Subscription Fee, or if in our reasonable opinion, you are in breach of any of your obligations or warranties in this Agreement. Suspending your account will not constitute a breach of this Agreement by us, nor will it alter your obligation to pay the Subscription Fee.
We do not assume responsibility for verifying your decision-making capacity but reserve the right to suspend your Account if there are reasonable concerns regarding your ability to make informed choices.

9. App Marketplace Providers
The Ability Amore mobile applications may be available from Google Play and the Apple App Store (App Marketplace Providers).
This Agreement is between us and you only. We, and not the App Marketplace Provider, are responsible for Ability Amore, and we are solely responsible for:
(a) its support and maintenance;
(b) the investigation, defence, settlement and discharge of any claim which relates to an infringement of third-party Intellectual Property rights arising from the use of Ability Amore; and
(c) any claim Ability Amore fails to conform to any applicable legal or regulatory requirement, including product liability claims and claims arising under consumer protection laws.
The App Marketplace Provider’s liability to you is limited to the refund of the purchase price of Ability Amore and any other remedies under consumer protection law. Your right to use the mobile version of Ability Amore is non-transferable and non-sublicensable, except to the extent the App Marketplace Provider permits family sharing or like sharing arrangements.
The App Marketplace Provider may monitor your use of Ability Amore and is entitled to enforce the terms of this Agreement against you. You agree to submit to their legitimate enforcement activities.
If there is any inconsistency between this Agreement and the application use rules set out in the App Marketplace Provider’s terms of service, their terms of service will prevail to the extent of the inconsistency.
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties.

10. Privacy
You agree and consent to us handling your Personal Information in accordance with our Privacy Policy. We may amend our Privacy Policy in our sole discretion. If we amend our Privacy Policy, we will post the new version on our Website.
Where you engage with other users of Ability Amore, you authorise us to share your personal Information with such other users as would be reasonably expected as part of the interactions facilitated through Ability Amore.

11. User Content and Intellectual Property

11.1 Your User Content
If you provide us with content, including, without limitation, text, photos, images, audio, video, dating profile information and any other materials (User Content), your User Content stays yours. This Agreement does not transfer ownership of User Content to us.
When you provide User Content, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with Ability Amore), communicate, publish and publicly display User Content for the purposes of allowing us to provide, improve, promote and protect Ability Amore.

You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content to the extent that it is used within Ability Amore.
While we reserve the right to take down any User Content which is in breach of this Agreement, you acknowledge and agree we are not required to monitor User Content, nor are we responsible for it.

11.2 Use of our Intellectual Property
We warrant we own or have a licence to use the Intellectual Property in Ability Amore.
You must not do any of the following, assist anyone to do any of the following or permit any person over whom you have effective control to:
(a) create an adaptation or translation of, all or part of Ability Amore in any way;
(b) use Ability Amore in a manner which may infringe any other persons Intellectual Property;
(c) incorporate all or part of Ability Amore in any other webpage, site, application or other digital or non-digital format; or
(d) except to the extent that reproduction occurs automatically through its ordinary use, directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in Ability Amore.
12. Third Party Services
Certain components or features of Ability Amore may interface with applications or include links, data, resources, services or content that are provided or operated by third party service providers (Third Party Services).
You acknowledge and agree that, subject to any Non-excludable Condition, we are not liable for:
(a) the availability of such Third Party Services;
(b) any data, content, advertising or materials made available through such Third Party Services; or
(c) any damages you incur or allege to incur, either directly or indirectly as a result of your use and/or reliance upon any such Third Party Services.

13. Warranties
Subject to the Non-excludable Conditions and to the maximum extent permitted at law, we make no warranties or guarantees that Ability Amore is fault free, regarding Ability Amore’s fitness for any particular purpose which we have not expressed, or regarding your access to, or the results of your access to, Ability Amore including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

Certain features provided through Ability Amore such as the voice-to-text feature, are provided for convenience only. To the maximum extent permitted at law, we do not warrant the accuracy, completeness or reliability of any outputs resulting from your use of such features.

14. Limitation of liability
14.1 Implied conditions
We expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity except any Non-excludable Condition.

14.2 Limitation of liability
Subject to the Non-excludable Conditions and to the maximum extent permitted at law, we exclude all other liability for any costs, including consequential losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:
(a) Ability Amore being temporarily inaccessible for any reason;
(b) incorrect or corrupt data, lost data, or any inputs or outputs of Ability Amore;
(c) computer virus, trojan and other malware in connection with Ability Amore;
(d) security vulnerabilities in Ability Amore or any breach of security that results in unauthorised access to, or corruption of data;
(e) any unauthorised activity in relation to Ability Amore not performed by us;
(f) your interactions with other users of Ability Amore; or
(g) the occurrence of an Event of Force Majeure.

14.3 Limits to liability associated with goods and services
To the maximum extent possible under the law, we limit our liability for any breach to: in the case of goods: the re-supply of the goods or payment of the cost of the re-supply of the goods, or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and in the case of services: the resupply of the services or the payment of the cost of having the services resupplied.
15. Dispute Resolution
A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 15 before commencing any legal proceedings.

If the parties cannot resolve the Dispute between themselves within 30 days then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, within the jurisdiction of the Agreement and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.

Each party must pay its own internal and legal costs in relation to complying with this clause 15. The mediator’s costs are to be shared equally.
The parties acknowledge and agree this clause 15 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.

16. Termination
16.1 Termination by either party
Either party may terminate this Agreement if the other party commits a material breach of this Agreement and the breach is incapable of being remedied or if the breach is capable of being remedied, the party in breach has failed to remedy the breach within 14 days after the receipt of notice to remedy.
For the avoidance of doubt, the parties agree that breaches of clause 8.3 and 8.4 are material terms of this Agreement giving rise to the right to terminate.
We may end this Agreement if your Account remains suspended for a period of more than 30 days or prior to any Subscription Period in which case this Agreement ends at the end of the then current Subscription Period.
You may terminate this Agreement with us immediately by closing your Account or notifying us in writing.

16.2 Actions upon termination
Upon termination you must immediately stop using Ability Amore; we reserve the right to permanently erase any data associated with your Account; and you will no longer have access to your Account.

17. General
Assignment – Neither party may assign, encumber, declare a trust over or otherwise create an interest in its rights in this Agreement without other party’s consent, which must not be unreasonably withheld.

Entire Agreement – This Agreement contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this Agreement and has no further effect.
Governing law – The laws of New South Wales govern this Agreement. The parties submit to the exclusive jurisdiction of courts exercising jurisdiction there.

Notices – The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement:
(a) which we send to you, will be sent to the email address provided to us in your Account and by accepting these terms you give your consent to receive communications from us by email; and
(b) which you send, must be either delivered or posted by prepaid post to our registered office or sent by email to our email address set out at clause 3.2.
Relationship – Nothing in this Agreement is intended to create or be construed as creating a relationship of agency, joint venture or partnership between any of the parties.
Severability – Any provision of this Agreement which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this Agreement enforceable, unless this would materially change its intended effect.
Variations to this Agreement – We may vary this Agreement by giving written notice to you prior to the end of the then current Subscription Period. If you do not accept the terms of the variation, you may terminate your subscription in accordance with clause 16.1. The variation takes effect at the beginning of the next Subscription Period.

18. Definitions
Unless the terms and conditions of the Agreement state otherwise, the following expressions used in this Agreement have the following meanings:
Account or Ability Amore Account means the username and access credentials used when you access Ability Amore.
Agreement means these terms and conditions and any document incorporated into them by reference.
Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.

Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Non-excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.

Personal Information means information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form.
Privacy Law means both the privacy laws in the jurisdiction in which you operate and the Privacy Act 1988 (Cth) incorporating the Australian Privacy Principles.

Privacy Policy means the privacy policy available on our Website or within Ability Amore itself, as amended by us from time to time.
Subscription Fee means the monthly price that may be payable for the Ability Amore Subscription Package you sign up for.

Subscription Package means any one of the subscription packages which may be selected when you set up your Account.
Subscription Period means the period of time attached to the Subscription Package which you sign up for and where no period is specified, then 1 month.

You or your means the person or entity using Ability Amore.

Us, we or our means Ability Amore Services Pty Ltd ACN 684 897 103.
Website means the website located at www.abilityamore.com.au and any of its subdomains.