Check Out my Friend Ltd Terms and Conditions

Check Out my Friend Limited is a New Zealand owned and operated company. It is registered under New Zealand law and the registered offices are in Christchurch, New Zealand.

COMF's objective is to provide a high quality networking service that allows you to network and converse with other people. We cannot make guarantees that you will find love or companionship by using the Website, but we are dedicated to providing you a safe environment to connect with other people. You use this Website at your own risk and we recommend you exercise caution when conversing with individuals you do not know. Our Terms also include our Safety and Site Etiquette guide and our Privacy Policy.

You are responsible for complying with all applicable laws when using the services and/or the Website or in circumstances arising out of your use of the same.

In becoming a COMF Member you confirm that you have read, understood and accepted our Terms, safety & site etiquette, and Privacy Policy.

The Terms may change from time to time without notice and will be listed here. If you continue to use our Website after this date, you accept the new Terms. Your use of the services or this Website represents your agreement to be bound by the Terms as amended.

Last updated on 1st January 2010.

1.0 These Terms and Conditions

1.1 Definitions:

COMF - means 'Check Out my Friend Limited'. 'we', 'us', and 'our are also references to Check Out My Friend Limited.

Member/Membership - refers to 'you' and 'your' and includes any registered Member of COMF including Premium Members, 'free' Members and also someone who has paid the relevant fee on behalf of a single person (i.e. a friend).

Profile - means (a) the information any Member has submitted about themselves, or (b) information submitted on behalf of a single person to which that person has agreed to and approved prior to going live on the Website.

Content - refers to any Content of photos, messages, emails, or Profiles submitted or sent by Members or Friends.

Friend(s) - the person who has recommended you to the Website and written your Profile.

Website - refers to www.checkoutmyfriend.co.nz.

Terms - refers to the Terms and Conditions set out herein.

2.0 Eligibility

To be eligible to be a Member, you must meet the following criteria:

a. You must be 18 years of age or older. By registering and accepting the Terms you represent that you can form a legally binding contract and you have the right, authority and capacity to enter into this agreement.

b. You do not have a previous and/or pending criminal conviction; or have had a restraining order made against you by the courts of any jurisdiction.

c. You have never previously been banned from using this Website or that of any other third party.

d. You are an individual and are using this Website for personal use. You must not use the Website for any commercial endeavours without our express written consent.

e. You are not currently in a marriage or long term relationship.

3.0 Membership

Registration is free until further notice. When we deem to have sufficient members on the site there will be a monthly subscription charge. A member can always have a 'free' profile, however you will need to upgrade your membership in order to be able to read & reply to messages from other members, (this is known as 'Premium' Member status). We may at any time change this fee, which will apply on renewal of your paid Membership.

You are able to register with COMF for free, however you will have limited functionality of the Website and will not have unlimited messaging with other users. If you become a 'Premium Member' then you are responsible for paying the fees in order to have full access to COMF.

You must provide us with accurate, current and complete information about you or your friend (as the case may be).

You are entitled to use only one account. Other aliases are not permitted.

You must keep your login email address and password information secure at all times.

Whether any Content including Profiles submitted by you is accepted by COMF is at COMF's sole discretion. We reserve the right at any time to suspend or remove you from the Website. If COMF does not approve or removes any Content, COMF will not be liable to you or any third party in any way. In such instances and provided that the Member is not in breach of these Terms, the relevant Fee shall not be payable and shall, where relevant, be reimbursed.

4.0 General use of the Website

You are solely and legally responsible for:

a. any Content that you publish and display on the Website, or any information that you transmit to other users. This includes your conduct and any offline activities you pursue in connection with our Website. COMF is not responsible for any Profile or other Content posted or entered on the Website.

b. ensuring that your information supplied remains updated, accurate at all times. COMF reserves the right to contact you from time to time to verify your details. You are responsible for complying with all applicable laws when using the services and/or the Website or in circumstances arising out of your use of the same.

c. ensuring that Content submitted is not false in respect to your name, age, marital status or location. You must not include in your Profile, nor transmit to another Member Content that includes any personal information including but not limited to telephone numbers, email or physical addresses. Nor should your Profile contain any illegal, or unlawful information.

d. your conduct, including your use of our Website, the Content that you post or upload, COMF has no responsibility or liability for any of your actions of or those of other Members including, without limitation, Members who have registered under false pretences or who attempt to defraud or harm you. COMF is not responsible for ensuring Members comply with these Terms.

If another Member chooses not to communicate with you, or to discontinue communications with you, you must make no attempt to communicate with that Member.

Despite technology and COMF staff checking Content, we cannot guarantee that every Member is who they say they are. You must exercise commonsense when communicating with Members that you do not know and make sure that you are familiar with the Safety and site Etiquette guidelines.

You must always exercise caution when dealing with other Members. As an Internet-based service, there are risks of Members misrepresenting themselves or presenting themselves under false pretences. This includes misrepresentations about age, gender, marital status or any other attribute which we ask the Member or Friend to provide.

5.0 Your obligations as a Member

You agree to abide by our Terms, and acknowledge that failure to do so may result in the suspension or termination of your Membership.

You warrant that:

a. the Content that you have approved is complete and accurate about you including your first names, surname and photos.

b. you will not use the Website for commercial purposes;

c. you will not include any identifying or illegal information in your Profile;

d. You will not endeavour to damage the Website or the services;

e. You acknowledge that the information contained in your Profile is potentially available to any internet user;

f. You agree to respect the privacy of other Members and will not disclose the personal contact details of other Members should they be provided to you;

g. You agree that you are solely responsible for your contact with other Members either on-line or off-line

h. You agree not to enter any threatening, abusive, or offensive Content. This includes messages, photos or any communications with other Members. COMF will be the sole judge of what is considered to be a breech of this obligation. COMF reserves the right to refer such Content to the relevant authorities

i. You must notify us immediately if there has been a breach of your account.

j. You must not use the COMF messaging system or notice boards for dialogue of competing services or related unlawful activity.

6.0 Our rights and obligations

We reserve the right to immediately disable your account, suspend or terminate your Membership, Profile and any other Content you submit from our Website at our sole discretion. COMF will notify the member by email in such instances.

We can immediately terminate your Membership if you breach our Terms & Conditions or Safety and Site Etiquette guide. Grounds for termination may include but will not be limited to the following:

a. a serious complaint(s) is/are received about you from another Member

b. you breach these Terms

c. you impersonate another Member, or

d. if we, in our sole discretion, deem your behaviour to be unacceptable.

Members who have registered under multiple aliases will have all of their aliases disabled.

In order to ensure that COMF receives the user's express written consent, from the user personally, to post their profile onto the COMF website, there may be instances where COMF will request the user to provide identification to verify the user's identity.

In the event that COMF, in its sole discretion, deems that a user or their Content violates these Terms, or where any Content is illegal or has the potential to violate the rights of, harm or threaten the safety of other users, COMF staff, or any third party, COMF reserves the right to take any action that it deems necessary including termination of the Membership in question without notice, and/or instigating legal proceedings.

Situations may include but not be limited to the following:

• violation of the Human Rights Act (1992)
• a user harasses or threatens physical harm of another person
• a user posts defamatory, abusive, pornographic, fraudulent or hateful information or nudity shots on the Website
• a user promotes racism, any illegal activities, bigotry or harm to a group or individual.

We reserve the right to store any information you enter, even if deleted from tools provided on the Website.

COMF reserves its rights, but has no obligation to monitor any dispute between users. In the event it is necessary for COMF to assist in any prosecutions or investigations brought by Members against other Members we will do so if required by law. You agree to us providing such assistance, including release of any relevant information we hold about you.

We will do our best to keep the services on-line, with minimum disturbance to you if we consider that on-line maintenance is required. If we do suspend the service for maintenance or updates, we will endeavour to resume services as quickly as possible with minimal disruption to Members.

7.0 Fees, cancellation and refunds

Fees are payable in advance and are non-refundable except as required under the New Zealand Consumer Guarantees Act 1993.

You will not be entitled to a refund upon the termination of your Membership.

Fees include goods and services tax.

COMF reserves the right to amend the fees at any time at our sole discretion.

Membership is not transferable.

8.0 Disclaimer

Content may include facts, views, opinions advice or recommendations that are not endorsed by COMF.

You expressly understand and agree that:

a. you agree to indemnify us for any loss or damage whatsoever caused to us whether directly or indirectly, as a result of your acts or omissions.

b. COMF is not responsible for the conduct of users either online or offline. Please use caution and commonsense at all times and ensure you are familiar with the safety & site etiquette guide.

9.0 Liability and indemnity

You expressly understand and agree that:

a. COMF shall not be liable under any circumstances for any loss or damage suffered by you whatsoever whether arising as a result of our acts or omissions or the acts or omissions of another Member or third party.

b. COMF cannot guarantee or make promises for any specific results from the use of this Website

c. you indemnify us against any liability, loss, damage, cost or expense (including legal costs) incurred by us arising out of any action, claim, dispute, suit or proceeding brought by any of our customers to the extent caused by your breach of the Terms.

d. in the event you have a claim against another user arising from that users use of the Website, you agree to pursue such action or claim independently of and without any demands from COMF.

e. In the event that a claim or action is brought against COMF as a result of your activities or use of the Website, including any breach of these Terms or complaints made against you, you agree to pay, hold harmless and defend COMF in the claim or action.

10.0 Intellectual Property

COMF owns all intellectual property relating to this Website, including but not limited to graphics, logos, icons and sound recordings, and the software and other material underlying and forming part of the services and the Website. You may not use, modify, reproduce, distribute or sell any of our intellectual property without our written consent.

11. GENERAL PROVISIONS

11.1 System integrity

The Website from time-to-time may experience downtime due to scheduled maintenance or site repairs. COMF takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or services being unavailable.

11.2 Resolution of disputes

As COMF is not a party to any dispute between you and another Member, you agree:

a. not to involve, or attempt to involve, COMF in any dispute or in the resolution of disputes that arise between you and another Member as a result of the services provided; and

b. not to use the services or Website to engage in or attempt to resolve the dispute.

11.3 Message boards

COMF may provide message boards for Members to use. The message boards may not be used to promote Websites or any commercial, business, illegal or unlawful activity. COMF is not responsible for any of the opinions or other information expressed in the message boards. By posting a message to the message board you take full legal responsibility and liability for your comments, including for offensive or defamatory statements, and indemnify COMF for any liability it may incur in relation to your comments.

11.4 Privacy and data collection

Use of the Website and/or the services is governed by our Privacy Policy. Please read our Privacy Policy.

11.5 Emails and Newsletters

COMF may send you e-mails or newsletters relating to your Membership, or for promoting other products to you. These communications will contain a clear 'opt out' option so you can unsubscribe at anytime.

11.6 Governing Law

Our Terms are governed by the laws in force in New Zealand.

It is possible that Members from other countries may access this service. It may not be practically possible for COMF to enforce these Terms against such Members.