Date Radar Terms and Conditions

1. Introduction

Welcome to Date Radar! Date Radar is designed to help you find meaningful connections with people who share your morals and values. Whether you are looking for marriage or a long-term relationship, Date Radar is the perfect place to start.

Before you begin using Date Radar, we ask that you read our terms and conditions. All and any use of Date Radar is subject to these terms and conditions, which outline the rules, requirements, restrictions, and limitations that users must abide by to use Date Radar; they apply to users in all jurisdictions. By using Date Radar, you acknowledge that you have read and understood these terms and conditions and agree to be bound by them. Our terms and conditions are designed to protect both you and other users of Date Radar. These terms and conditions may be updated from time to time, without notification. Any change we make applies from the date the updated Terms and Conditions are posted in the application.

We hope that you enjoy using Date Radar and that it helps you find the connection you are looking for. If you have any questions or concerns about our terms and conditions or any other aspect of Date Radar, please do not hesitate to contact us.

These terms and conditions comply with the Online Safety Code of Practice for dating service July 2024 (‘the Code”) and terms used have the same meaning as in the Code.

2. Eligibility

Users must be at least 18 years old to use Date Radar. Users must have the legal capacity to enter a contract. This means that they must be of legal age and not be under any legal disability that would prevent them from entering into a contract.

You may not join Date Radar if you already have an active membership (only one membership per user) or you have ever been convicted of a sexually related offence or have previously been banned from using the site.

3. User content

User content refers to any content that users post and upload to Date Radar. This includes profile pictures, biographical information, messages, and any other content that users share with other users on Date Radar. Users retain ownership of the content that they post or upload to Date Radar.

However, by posting or uploading content to Date Radar, users grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use their content in connection with the operation of Date Radar.

We take the safety and security of our users very seriously. As such, we prohibit certain types of content on Date Radar. This includes:

  • Content that is illegal or promotes illegal activity.
  • Content that is abusive, harassing, or defamatory.
  • Content that is obscene or pornographic.
  • Content that infringes on the intellectual property rights of others.
  • Content that contains viruses or other harmful code.

We reserve the right to remove any content that violates these guidelines or is otherwise inappropriate. Users who repeatedly violate these guidelines may have their accounts suspended or terminated.

As a consenting adult you are responsible for all information you publish on Date Radar, including but not restricted to, images, your profile, and messages. Date Radar does not directly monitor or control all use of the site by its members. Accordingly, you agree to accept sole responsibility for the legality of your actions under law. You should be aware of relevant laws including censorship, harmful electronic communications, and copyright.

4. User conduct

We take the safety and security of our users very seriously. As such, we prohibit certain types of conduct on Date Radar. This includes:

  • Harassment or bullying of other users.
  • Discrimination based on race, gender, sexual orientation, or any other protected characteristic.
  • Solicitation of money or other goods or services.
  • Impersonation of another person or entity.
  • Use of Date Radar for any illegal activity.

If you encounter inappropriate behaviour on Date Radar, we encourage you to report it to us immediately. You can do this by contacting our customer support team.

We take all reports of inappropriate behaviour seriously and will investigate them promptly. If we determine that a user has violated our guidelines, we may suspend or terminate their account.

We will as a minimum prohibit the upload of illegal content (which includes sexual misconduct) and non-consensual intimate images.

5. Blocking and removing content

We will implement appropriate systems, processes and policies to block or remove content from end-user profiles which may have violated our online safety policies. The extent of any end-user content which is blocked or removed will be subject to our moderation guidelines and technology capabilities, and may include blocking or removal of an end-user’s profile, or specific content such as text and media where such granularity is technologically feasible for us.

6. Actions against non-compliant end-users

We implement appropriate systems, processes and policies which:

  1. (a) provide appropriate guidance to the industry participant’s personnel on the steps that should be taken when a complaint is made or when a potential incident of online enabled harm has been detected;

    (b) includes clear internal channels for the industry participant’s personnel to escalate and prioritise reports of violations of our online safety policies;

    (c) allows us to take appropriate action against an end-user which has been found to have violated our online safety policies; and

    (d) allows us to identify whether an end-user who has been banned from, or whose account has been terminated by, a dating service, is creating new accounts for that dating service and if so, take reasonable steps to delete or otherwise block that end-user from accessing that dating service.

  2. The actions which may be appropriate to take against an end-user for a confirmed or detected/suspected violation of our online safety policies include (where applicable):

    (a) terminating the end-user’s account if they have been found by us to have committed a serious violation of its online safety policy; and

    (b) limiting the functions of, or suspending, the end-user’s account for a defined period if they have been found by us to have committed a less serious violation of its online safety policy.

  3. If we:

    (a) operate more than one dating service (including any dating services operated by a related body corporate); and

    (b) have terminated an end-user’s account on the grounds the end-user has been determined by the industry participant to have committed a serious violation of its online safety policies, we must take the same action against that end-user’s accounts and profiles on all other dating services operated by us or our related bodies corporate to the extent possible.

7. Deleting end-user accounts

If:

  1. an end-user of a dating service requests the permanent deletion of their account; or
  2. we have determined that an end-user’s account is to be terminated pursuant to clause 6(2)(a) or for any other reason determined by us, we must implement appropriate systems, processes and policies to retain the information contained in that account for an appropriate period of time (having regard to data retention laws and other matters) after the request or determination is made, before the information in the account is permanently deleted or terminated.

8. Commercial information

Advertising is placed on the Date Radar to help fund the service. We reserve the right to restrict access or remove accounts which intentionally block advertisements.

Any commercial activity on Date Radar is prohibited without Date Radar management approval. You agree to pay a penalty fee of AUS$1,000 + GST for any unapproved commercial activity.

9. Functionality and services

Proper authentication of users on the Internet is difficult. Date Radar cannot and does not confirm that any member is who they claim to be. You should be careful in dealing with members.

Availability rates are 99% on a yearly basis. This is excluding downtime for maintenance or software updates and excluding factors outside of our control. We recommend that you use the latest browser technology and the latest application.

10. Payment and refunds

Payments received for services will not be refunded in full or pro-rata if you change your mind or no longer require the services.

11. Copyright

The Date Radar application, its logos and method of functioning is subject to copyright to the maximum level permitted by law.

12. Disclaimer

Your use of Date Radar is at your sole risk. Date Radar expressly disclaims all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement of rights.

Date Radar makes no warranty that:

  • the services provided will be uninterrupted, timely, secure, or error free,
  • the information provided on the site is error-free or reliable,
  • the quality of the products or services obtained through Date Radar will meet your requirements.

No advice or information that is obtained by you from Date Radar or otherwise shall create any warranty.

13. Release of claims

Date Radar is not directly involved in Member-to-Member communications and activities. In the event you have a conflict with another Member, to the extent permitted by law you hereby release Date Radar, its agents, and employees from any claims, demands and damages of every kind arising out of such conflict.

14. Termination and suspension of accounts

Date Radar is committed to providing a safe and enjoyable experience. We reserve the right to decline to register or to suspend, restrict or terminate your membership without entering further discussions with you if:

  • a serious complaint or multiple complaints are received about you from other members,
  • you fail to follow instructions given by Date Radar staff,
  • you abuse, harass, or otherwise undermine Date Radar staff,
  • you breach the Date Radar Terms and Conditions,
  • you impersonate another person, or
  • Date Radar deems your behaviour or use to be unacceptable or not in the best interest of Date Radar or its members.

Date Radar further reserves the right to ban and remove any account for any reason. Date Radar can cease providing the services in full or in part at any time.

15. Governing law and dispute resolution

The laws of Australia shall apply, without giving effect to the principles of conflicts of laws.

We will implement appropriate systems processes and policies to review:

  • complaints made by an end-user which relate to online enabled harm; or
  • any detected incidents which may violate our online safety policies.

16. Complaints and reports handling

16.1 Complaints and reports mechanism

  1. We implement an appropriate complaints and reports mechanism that enables Australian end-users to make complaints and reports about:

    • conduct by an end-user of the dating service which may relate to online enabled harm;
    • how we handle a complaint made under this section 16; and
    • any other aspect of our compliance with the Code.
  2. The complaints and reporting mechanism must:

    • be prominently displayed on the dating service;
    • be transparent about how complaints are handled;
    • be explained in clear and easy to understand language that the end-user can reasonably understand; and
    • meet the web accessibility standards set out in section 7.3(2).

16.2 Review of complaints and reports

  1. Unless otherwise specified in this Code, we must:

    • review and act on every genuine complaint or report of a potentially serious violation of its online safety policies that is made to us, unless the complaint appears to be frivolous or vexatious or otherwise not made in good faith;
    • take reasonable steps to complete the review expeditiously and make a determination on the appropriate action to take on the complaint or report; and
    • if the complaint or report relates to matters involving sexual misconduct or serious violations of the dating service's online safety policies, notify the complainant of the outcome, taking into account the subject matter of the complaint, any ongoing risk of online enabled harm to the complainant, and any legal restrictions that may prevent the disclosure of certain information to the complainant.
  2. We must retain all information used by us for a review conducted under section 16.2(1) for at least 12 months after the review has been completed and/or the matter has been referred to another party (refer to sections 16.4 and 16.5).

16.3 Support resources for complainants

  1. We must provide complainants with appropriate support resources if they have made a complaint or report against another end-user which relates to matters of sexual misconduct or serious violations of any online safety policies.

  2. The support resources provided to complainants should, as a minimum:

    • be relevant to the nature of the complaint;
    • be provided in clear and easy to understand language that the end-user can reasonably understand and which meets the web accessibility standards set out in section 17.3(2); and
    • have been developed in consultation with appropriate online safety experts or advocacy organisations.
  3. The support resources which are provided to Australian end-users should include those support resources identified by the code oversight body.

16.4 Referral of complaints to other industry participants

Industry participants acknowledge that eSafety would like industry participants to consider ways of identifying users who might pose an increased risk of committing a serious violation of the online safety policies of other industry participants. All industry participants agree to work with other industry participants and the Australian Government to investigate options, including through the provision of government-held information to industry participants, to enable industry participants to share information about these end-users.

16.5 Referral of complaints to law enforcement agencies

  1. An industry participant must:

    • establish a clearly identifiable electronic point of contact for Australian law enforcement agencies to request information which is reasonably necessary for the conduct of one or more enforcement-related activities involving online enabled harm. The industry participant's point of contact must be reasonably available to law enforcement agencies to be able to assist, or provide information to, law enforcement authorities; and

    Note: For example, an electronic point of contact may include an online safety email address, or a web portal which law enforcement agencies can use to request information from an industry participant.

    • take reasonable steps to act on information received from Australian law enforcement agencies about an end-user, to the extent possible in accordance with the industry participant's online safety policies and if such steps are not prohibited by any applicable Australian law.
  2. For the purposes of section 16.5(1)(a), we will disclose information about an end-user to an Australian law enforcement agency if:

    • the disclosure is required or authorised by an Australian law;
    • the disclosure is required or authorised by an Australian court or tribunal; or
    • sections 6.5(2)(a) and 6.5(2)(b) do not apply, the disclosure will not be a contravention of the industry participant's obligations under the Privacy Act and the industry participant considers it appropriate to make such a disclosure.
  3. An industry participant must invite Australian law enforcement agencies to establish a memorandum of understanding or other cooperative agreement that:

    • where the industry participant identifies end-user conduct or content on a dating service which the industry participant believes in good faith affords evidence of a serious and immediate threat to the life or physical safety of a person in Australia, the industry participant must as soon as practicable report the matter to a law enforcement authority (or otherwise as required by law);
    • includes information on designated contact points in these agencies as well as the contact information described in section 6.5(1); and
    • includes mechanisms for cooperation including the sharing of insights, trends or research findings on online safety issues, subject to any applicable privacy or data protection laws.
  4. If an agreement described in section 6.5(2) exists for an industry participant, whether this agreement is an agreement developed by the industry participant for its own purposes or this agreement has been developed by the code oversight body on a collective basis as set out in paragraph 2.1(1)(i) of Appendix A to this Code, we must implement appropriate systems, processes and policies to:

    • allow for a risk-based assessment of each complaint possible incident detected by us or any other report received by us to determine if there is a risk of an imminent threat to the life or safety of the complainant or another directly impacted individual; and
    • if there is a risk of an imminent threat to the life or safety of the complainant or another directly impacted individual, proactively escalate the complaint to the appropriate law enforcement agency in a timely manner in accordance with any established memorandum of understanding or other co-operative agreement.

    Note: A threat to the life or safety of the complainant or another directly impacted individual can include a threat to their physical or mental health and safety. This can include a potentially life-threatening situation or a situation which the dating service may consider to reasonably result in other serious injury or illness.

16.6 Reporting and referral obligations to other Australian Government agencies:

Nothing in these terms and conditions supersede our existing referral or reporting obligations to Australian Government regulatory authorities (including eSafety) required under Australian law.

17. Subscription

Users can trial the Date Radar app for free for 4 weeks. Then if a user wishes to continue using the app, there will be a charge of $4.99 a month. Users can cancel the subscription at any time.