Terms Of Use
Welcome to “Knotted”, the Matrimonial Services Provider in New Zealand. In order to use the “Knotted” Matrimonial Services, you must register as a member.
The member agrees to be bound by these Terms and Conditions (“Agreement”). If you wish to become a member and communicate with other members and make use of the “Knotted” service, read these terms and conditions and follow the instructions in the Registration process.
This Agreement sets out the legally binding terms for your membership. Our Terms and Conditions include our privacy policy and are designed to help us maintain a safe environment for everyone.
1. These Terms and Conditions
1.1 Acceptance of Terms and Conditions
By registering as a member you accept these Terms and Conditions, as amended by us from time to time. If you do not accept these Terms and Conditions, you must not use the “Knotted” services.
1.2 Amendment of Terms and Conditions
These Terms and Conditions may be amended in whole or in part by “Knotted” from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this website. You are responsible for ensuring you are familiar with the current Terms and Conditions. Your use of the “Knotted” services or this website represents your agreement to be bound by the Terms and Conditions as amended.
These Terms and Conditions were last updated on 19 March 2013.
2. General Rules
2.1 Eligibility
To register as a member of “Knotted”, you must be of legal marriageable age as per the laws of New Zealand (currently, 16 years, parental consent is required if under 20 years). “Knotted” services are only to facilitate lawful marriages between persons who are legally competent to enter into matrimony under the laws to which they are subject. Membership in the service is void where prohibited.
By using our services, you represent and warrant that you have the right, authority, and legal capacity to enter into this Agreement and that you are not prohibited or prevented by any applicable law for the time being in force or any order or decree or injunction from any Court, Tribunal or any such competent authority restraining you from entering into matrimony. If at any time “Knotted” is of the opinion (if its sole discretion) or has any reason to believe that you are not eligible to become a member or that you have made any misrepresentation about your eligibility, “Knotted” reserves the right to forthwith terminate your membership and / or your right to use the service without any refund to you of any of your subscription fee. If we do remove your membership or any content you submit we will not be liable to you in any way.
2.2 Term
You may terminate your membership at any time, for any reason by writing to “Knotted”. In the event you terminate your membership, you will not be entitled to a refund of any subscription fees.
“Knotted” may terminate your membership for any reason effective upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to “Knotted”. If “Knotted” terminates your membership in the “Knotted” service because you have breached the Agreement, you will not be entitled to any refund of any subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect including sections 2.4, 2.5, 2.8, 6-12.5, inclusive, of this Agreement.
2.3 Non- Commercial Use by Members
The “Knotted” service is for the personal use of individual members only, and cannot be used in connection with any commercial endeavours. This includes providing information to other organisations, companies, and/or businesses cannot become members of “Knotted” and should not use the “Knotted” service for any purpose. Illegal and/or unauthorised use of the services provided by “Knotted” will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
2.4 Other Terms of Use by Members
• “Knotted” reserves the right in its sole discretion to review the activity and status of each account and block the account of a member based on such review.
• You hereby confirm that as on date of this registration, you do not have any objection to receiving emails, messages and calls from “Knotted” and members of “knotted”. This consent extends to emails, messages or calls relating but no limited to phone number verification, the provision of matchmaking service, matrimonial enquires and promotions.
• Multiple profiles of the same person are not allowed on “Knotted”. “Knotted reserves the right to deactivate all multiple profiles without any refund of subscription fees.
• You cannot engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk mail to other “Knotted” members. Although “Knotted” cannot monitor the conduct of its members, it is also a violation of these rules to use any information obtain from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect “Knotted” and/or our members from any abuse/misuse, “Knotted” reserves the right to restrict the number of communications/profile contacts and responses/email which a member may send to another member in any 24 hour period to a number which “Knotted” deems appropriate in its sole discretion.
• “Knotted” reserves the right to screen communications/messages that you may send to other member(s) and also regulate the same by deleting unwarranted/obscene communications at any time at its sole discretion without prior notice to any member.
2.5 Proprietary Rights in information from “Knotted”
“Knotted” owns and retains all proprietary rights in the “Knotted” services. Except for that information which you have been given permission to, you cannot copy, modify, publish, transmit, distribute, perform, display, or commercialise, copy or on-sell any such proprietary information (including text, graphics, logos, icons and sound recordings). Any such act or an attempted act on your part shall constitute a violation of this Agreement and your membership is liable to be terminated forthwith by “Knotted” without refund of any of your subscription fees.
2.6 Content/Information provided to “Knotted”
• You understand and agree that “Knotted” may delete any content, messages, photos or profiles (collectively, “Content”) that in the sole judgment of “Knotted” violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of either “Knotted” and/or its members.
• With respect to Content you submit or make available for inclusion on “Knotted” systems including but not limited to your contact details, you hereby unconditionally and irrevocably grant to “Knotted” the license to use, distribute, reproduce, modify, adapt and perform such Content on its systems from time to time.
• You understand and hereby agree that all information, data, text, photographs, graphics, messages, tags, or other Content whether transmitted or otherwise made available to “Knotted” members, are the sole responsibility of the person from whom such Content originated and shall be at the member’s/person’s sole risks and consequences. This means that you (and not “Knotted”) are solely responsible for all Content that you upload, post, email, transmit or otherwise make available to “Knotted”. “Knotted” does not control the Content made available to it and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will “Knotted” be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available to it.
• You are solely responsible for the Content that you provide to “Knotted” or transmit to other “Knotted” Members. “Knotted” reserves the right to verify the authenticity of Content provided to it. In exercising this right, “Knotted” may ask you to provide any documentary or other form of evidence supporting the Content you provide. If you fail to produce such evidence, “Knotted” may, in its sole discretion, terminate your membership without a refund.
• By providing any Content to “Knotted”, you automatically grant, and you represent and warrant that you have the right to grant, to “Knotted”, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content, and to grant and authorise sublicenses of the foregoing.
2.7 Content which is Illegal and Prohibited:
The following is an indicative list of the kind of Content that is illegal or prohibited. “Knotted” will investigate and take appropriate legal action in its sole discretion against anyone who violates this Agreement, including without limitation, removing the offending communication / Content from the service and terminating the membership of such violators without a refund:
Illegal and prohibitive Content includes Content that which:
• Is patently offensive to the community, such as Content that promotes racism, bigotry, hatred, mental or physical harm of any kind against any group or individual;
• Harasses or advocates harassment of another person;
• Involves the transmission of “Junk Mail”, “Chain Letters”, or unsolicited mass mailing or “Spamming”;
• Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• Promotes an illegal or unauthorised use of another person’s details or information;
• Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• Displays pornographic or sexually explicit material of any kind;
• Provides material that exploits people under the age of 18 years in a sexual or violent manner, or solicits personal information from anyone under 18 year;
• Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
• Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You must use the “Knotted” service in a manner consistent with any and all applicable local rules and regulations.
2.8 Copyright Policy
• You cannot post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and passed on to
“Knotted” in a way that constitutes copyright infringement, please provide us with the following information:
• An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located;
• Your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner. Its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
Notice of claims of copyright infringement can be sent to us in writing.
2.9 Member Dispute
You are solely responsible for your interactions with other “Knotted” members. “Knotted” reserves the right, but no obligation, to monitor disputes between you and other members. “Knotted” also reserves the right to take appropriate action against errant members. However, “Knotted” is not obliged to share such action with other members, including complainants. “Knotted” expressly disclaims any responsibility or liability for any transactions or interactions between the members inter-se.
3. Privacy
3.1 Please refer to “Knotted”’s privacy policy.
3.2 “Knotted” will never sell or rent your personal information to third parties.
3.3 “Knotted” will release personal information only with your permission (including as outlined in our Privacy Policy), or when we believe release is appropriate for legal compliance and law enforcement (such as Government agencies with statutory law enforcement responsibilities); to facilitate Court proceedings; enforce or apply our Terms and Conditions; or to protect the rights or safety of our users and others.
4. Your Obligations as a User and Member
4.1 You will provide complete and accurate personal information when registering to use the service including your first names and surname. You will maintain your personal information as supplied to us to keep it true, accurate and complete at all times. “Knotted” reserves the right to contact you from time to time to verify your details.
4.2 You agree to comply with all application laws when using the services and dealing with other members.
4.3 Members’ accounts are not transferable.
5. Fees and Refunds
5.1 In the event that you are removed as a member for breach of our Terms and Conditions or for any other reasons, your remaining subscription will be lost and is not refundable.
5.2 The fees specified in the membership includes all applicable taxes, including sales tax and consumption taxes such as goods and services tax (GST).
5.3 “Knotted” reserves the right to change the fees charged or introduce fees for any of the services at any time. If we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
6. Disclaimers
6.1 “Knotted” is not responsible for any incorrect or inaccurate Content in connection with the “Knotted” services, whether caused by users, members or by any of the equipment or programming associated with or utilised in the services, nor for the conduct of any user and/or member of the “Knotted” services/ “Knotted” assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user and/or member information or any communications by “Knotted” to its members. “Knotted” is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any web site or combination thereof, including injury or damage to users and/or members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the “Knotted” services.
6.2 Under no circumstances will “Knotted” be responsible for any loss or damage resulting from anyone’s use of the services and/or any Content transmitted to “Knotted” members. The exchange of matrimonial profile(s) through or by “Knotted” is not a matrimonial offer and/or recommendation from/by “Knotted”. “Knotted” shall not be responsible for any loss or damage to any individual arising out of, or subsequent to, any relations (including but not limited to matrimonial relations) established pursuant to the use of “Knotted”.
6.3 The services are provided “AS-IS” and “Knotted” expressly disclaims any warranty of fitness for a particular purpose or non-infringement. “Knotted” cannot guarantee and does not promise any specific results from use of the “Knotted” services. “Knotted” expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any content made available to “Knotted” by any members or any third party. “Knotted” does not assume any responsibility or liability for any illegal Content exchanged/communicated by any members, users, or any third party. All liability, whether civil or criminal arising out of any content that is exchanged will be of that member/user/third party who has exchanged such content and “Knotted” reserves its right to claim damages from such member/user/third party that it may suffer as a result of such content exchanged or communicated. “Knotted” does not claim ownership of Content you submit or make available for inclusion on the services.
7. Limitation of Liability
7.1 You expressly understand that “Knotted” shall not be liable under any circumstances for any direct, indirect, incidental, special, consequential or exemplary loss or damages, including but not limited to damages for loss of profit, goodwill, use, data, or other tangible or intangible losses that result from the service, or the inability to access the service.
7.2 “Knotted” shall not be liable for the cost of procurement of substitute goods or services resulting from services provided by “Knotted”.
7.3 “Knotted” shall not be liable for the conduct or statements of members or third parties in relation to the service.
7.4 Notwithstanding anything to the contrary contained herein, “Knotted’s” liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to “Knotted”, for the services during the term of the membership.
8. Disputes
If there are any dispute about or involving “Knotted” services, you unconditionally agree that all disputes and/or differences will be governed by the Laws of New Zealand and shall be subject to the exclusive jurisdiction of the Courts in New Zealand only.
9. Indemnity
9.1 You agree to indemnify and hold “Knotted”, its subsidiaries, affiliates, officers, agents, and other partners and employees, fully indemnified and harmless from any loss, liability, claim, or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your use of the services in violation of this Agreement and/or arising from a breach of these Terms and Conditions and/or any breach of your representations and warranties set forth above and/or fraudulent act on your part.
9.2 You agree to indemnify fully “Knotted” from and against all claims, liability, loss, costs and expenses (including the full amount of legal costs) incurred or suffered by “Knotted” in respect of or in connection with:
• Information contained in your profile;
• Any material, including (without limitation) photos and messages, you post to or enter on the website;
• Your communications with or behaviour towards other members;
• Any death, personal injury or damage to property you may cause;
• Your breach of these Terms and Conditions or any applicable laws.
9.3 “Knotted” is not responsible for meeting any immigration requirements, and will not be responsible for any immigration applications or providing any advice. “Knotted” will not support members in any verbal or written immigration applications. “Knotted” is also not responsible for verifying or checking if the members meet any immigration requirements. Any advice or information provided does not constitute immigration advice.
10. Entire Agreement
These Terms and Conditions, and our privacy policy supersede all previous conditions, understandings, commitments, agreements and representation whatsoever whether oral or written and constitute the entire agreement between the parties relating to the subject matter of these Terms and Conditions.
11. Emails and Newsletters
By becoming a member of “Knotted” service, you agree to receive certain specific email from “Knotted”. You can unsubscribe at any time for any reason quickly and easily by contacting us.
12. Other
12.1 System Integrity
“Knotted” will use its reasonable endeavours to ensure the availability of the website and services, subject to any downtime required for maintenance. However “Knotted” takes no responsibility for any system unavailability, or for any loss that is incurred as a result of a website or services being unavailable. Further, “Knotted” assumes no responsibility for the corruption of any data or information held by “Knotted”.
12.2 Force Majeure
“Knotted” has no liability for any lack of performance, unavailability or failure of the services or the website or for any failure of “Knotted” to comply with these Terms and Conditions where the same arises from any cause reasonably beyond the control of “Knotted”.
12.3 No Waiver
If we do not exercise or enforce any right available to us under these Terms and Conditions, it does not constitute a waiver of those rights.
12.4 Partial Invalidity
If any provision of these Terms and Conditions becomes or is held to be invalid, unenforceable or illegal for any reason and in any respect, that provision shall be severed from the remaining Terms and Conditions, which shall continue in full force and effect.
12.5 Governing Law
These Terms and Conditions and your membership are governed by the Laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.