Effective Date: 31 May 2025
1. Introduction
This terms of access and use (‘Terms of Service’) define how you access and use The Mate App Pty Ltd, trading as TheLuxDate (‘TheLuxDate’, ‘we’, ‘our’, or ‘us’)’s electronic platforms, including but not limited to the website www.theluxdate.com (‘Website’), electronic application platforms using Android and iOS applications and social media platforms (‘TheLuxDate Applications’) and their associated features, functionalities and services (collectively referred to as ‘TheLuxDate Services’ or ‘Service(s)’).
By accessing the Website and TheLuxDate Applications, you (‘User’, ‘Member’, or ‘You’ or ‘you’) agree to be bound to this TheLuxDate Terms of Use Agreement and TheLuxDate Privacy Policy, which may be accessed here, including whether you are a registered TheLuxDate Member or not.
You are required to read this Agreement carefully and these policies and procedures before you accept this Agreement and prior to access and use of the Website and TheLuxDate Applications and create an account.
IF YOU DO NOT AGREE TO THE TERMS OF USE OR DO NOT COMPLY WITH THE TERMS,
DO NOT ACCESS OR USE THELUXDATE SERVICES.
IF YOU DO NOT DESIRE THELUXDATE TO RECEIVE YOUR PERSONAL INFORMATION,
DO NOT ACCESS OR USE THELUXDATE SERVICES.
IF YOU ARE UNDER 18 YEARS OF AGE, OR IN YOUR JURISDICTION WHERE YOU ARE NOT ALLOWED TO ENGAGE IN THELUXDATE SERVICES, THELUXDATE PROHIBITS SUCH INDIVIDUALS FROM ACCESSING OR USING ANY OF ITS SERVICES.
These Terms of Service are between you and:
The Mate App Pty Ltd, trading as TheLuxDate (‘TheLuxDate’), located at 11 Wilson Street, South Yarra, Victoria 3141, Australia, and also with our US affiliate entity, being Glamba Private Ventures LLC, located at Unit 12, Suite 3075, 701 Tillery Street Austin, Texas 78702, USA.
2. Eligibility
In order for you to be able to access and use the Services, you must ensure that you are eligible. You must represent and warrant at all times, initially and in the future, during your access and use that:
(a) You are a natural person, over the age of 18 years of age;
(b) You are legally qualified and have mental capacity to enter into a binding contract with TheLuxDate;
(c) You are not prohibited by law in your country from using our Services;
(d) You do not have more than one account on our Services;
(e) You are not located in a country which has been designated by the US and or Australia as a terrorist supporting country or subject to an embargo;
(f) You have not been charged or convicted of a criminal offence relating to children, a sexual crime, human trafficking, prostitution, terrorism, or a crime involving a threat of violence or a threat of violence;
(g) You are not required to register as a sex offended with any registry in any country;
(h) You are not, currently nor were you in the past, a member of a US, Australian or your local country designed terrorist organisation;
(i) You do not lie about your eligibility, including but not limited to your provided personal information;
(j) You are not on any list of designated persons prohibited from conducting business with the US, Australia or the country where you are located, nor do you face any other similar prohibition;
Where you are eligible, you agree to:
(a) use the Services in a manner consistent with the terms of this Agreement and all applicable laws of your country and international laws and regulations;
(b) use the latest software update and platform (i.e. iOS and Android) updates of our products on your used electronic devices;
(c) take the best practice precautions to protect the security of your login and identity information;
(d) not interact (including but not limited to not to upload or sharing content) with other users of our Services in any manner which may or actually cause harm to them (including but not limited to harassing, stalking, bullying, defaming, harming, causing physical and psychological harm) or to TheLuxDate, including but not limited to its officers, employees, shareholders, agents, affiliates, partners and third-party contractors;
(e) not use the Services in a manner which disrupts or negatively impact any IT infrastructure (including but not limited to TheLuxDate application, servers or Services’ networks);
(f) not use the Services for any harmful, illegal purposes;
(g) frequently check with us to ensure that you agree to any changes to this Agreement and our Privacy Policy;
(h) comply with all applicable laws, including but not limited to privacy, intellectual property, anti-spam, and regulatory requirements;
(i) not breach copyright laws (including but not limited to distributing, copying, modifying, transmitting, or creating derivative works) from the TheLuxDate content or any user or member’s content without TheLuxDate’s written consent;
(j) express or imply that any statements made by you or another member are endorsed by TheLuxDate;
(k) not upload any electronic content which have the effect of observing, accessing, retrieving, indexing, data mining or in any way reproducing or circumventing the navigational structure of TheLuxDate Services or organisation of data in TheLuxDate Applications;
(l) not upload viruses or other malicious code or otherwise compromise the security of our Services;
(m) not mirror of frame any part of our Services without TheLuxDate’s written consent;
(n) not to upload or share content that breaches third party rights (including but not limited to intellectual property and privacy rights)
If at any time whilst accessing or using our Services, you become ineligible, you must immediately delete your account. We also reserve the right to remove your access to our Services without notice to you.
3. TheLuxDate Services
3.1 List of Services
TheLuxDate Services, as found also at its website, are as follows:
1. Exclusive Online Dating Platform
o Connecting high-calibre men with elegant, like-minded women through a luxury-focused digital experience.
2. Propose a Date Feature
o Men can send direct date proposals with curated venue suggestions and personalized messages.
3. Private Messaging
o Secure one-on-one chat feature to allow conversation between matched or connected users.
4. Premium Membership Access
o Tiered subscription plans offering enhanced features including unlimited proposals, advanced search filters, and access to exclusive content.
5. Profile Moderation
o All user profiles are manually reviewed and moderated to ensure quality, safety, and alignment with community guidelines. No formal verification is currently offered.
6. Concierge Booking Requests (Coming Soon)
o Users can request a premium concierge to assist with booking restaurants, lounges, beach clubs, and curated experiences for their dates.
7. Email Communications
o Users receive newsletters, updates, match suggestions, promotions, and important account notifications.
8. User Onboarding & Support
o Guided sign-up process and access to customer service for technical and platform-related queries.
9. Data Handling & User Analytics
o Collection and usage of user data for improving user experience and recommendations.
10. Geographically Targeted Experiences
In order for TheLuxDate to onboard you as a user, TheLuxDate will ask you for your Personal Information, as outlined in the Privacy Policy, which may be accessed here.
3.2 Registration
The steps for registration are as follows:
1. User Lands on Platform
o Via website (www.theluxdate.com)
2. Account Creation Page
o User is prompted to register with email, password, and basic profile info.
o User selects gender and whether they are looking for men or women.
3. Acceptance of Terms & Privacy Policy
o User must tick a checkbox confirming they’ve read and agree to the:
§ Terms & Conditions
4. Email Verification (Optional at Launch)
o [Current Version: No email verification — only admin moderation of profiles for now]
o User is taken directly to dashboard after registering.
5. Profile Completion (Optional)
o Users may complete their profile with:
§ Bio, profile pictures
§ Interests, city, preferred dating style
§ For men: subscription upgrade option (to access full features)
6. Data Capture and Consent
o Personal info collected:
§ Email, gender, age, city, profile data, IP address
o Consent is implied by registration and ticking the agreement box.
7. Optional Paid Features (Premium Membership)
o Users (men) can purchase a membership to:
§ Propose unlimited dates
§ Message women
§ Share photos securely
8. User Accesses Services
o After registering, users can browse, favourite profiles, or propose dates based on their role and membership tier.
TheLuxDate may request a picture verification of you, as one of the steps to validate your identity and also for security purposes and to keep our users and members safe.
TheLuxDate may also employ facial recognition technology and artificial technology algorithms to ensure alignment of your picture provided to us upon registration with that which your use whilst using our Services, based on your images, being either fixed or video.
Your picture verification data will not be made public, unless TheLuxDate is ordered to do so by a competent legal authority.
You provide consent for TheLuxDate to use verification processes for the purposes outlined in this section.
The product offerings are outlined in TheLuxDate Applications, at this site.
3.3 Fees
You agree to pay the fees, in the manner and timeframe stated by TheLuxDate, when you select your desired product and or service.
4. Term
The Term of your use of TheLuxDate Services are governed by the specific product offering as outlined in section 3 and ends either upon termination of your use or membership to the Services based on your product category, or earlier termination due to a breach of this Agreement.
5. Community and Safety guidelines
5.1 Safety
TheLuxDate values safety of its users, members as one of its highest priorities.
The LuxDate recommends that users and members follow the principles referred below, which are not exhaustive, but act as a guide:
(a) Protect your personal information;
(b) Do not share financial information;
(c) Do not send money;
(d) Conduct a face-to-face meeting after you are comfortable with the on-line interaction;
(e) Do not ever disparage any user, member or person both online or face to face;
(f) Do not disseminate any user or member information to any third party, without express consent from the owner of the information;
(g) Report all behaviour which you believe is inappropriate;
(h) Where you meet face to face, do so in a safe place, which is public and inform your friends of the meeting venue details and the name of the person you are meeting;
(i) Where you are not comfortable with your interaction with a user or member, leave the environment in a prudent manner; and
(j) Avoid pressure and do not act in a manner in which you do not provide consent freely.
5.2 TheLuxDate Community guidelines
TheLuxDate guidelines are as follows:
(a) Respect all around you when operating TheLuxDate Applications, including persons that you communicate with and also by virtue of the communications;
(b) Respect people’s boundaries, both physically, electronically, emotionally, ethically and morally;
(c) Be thoughtful and share cautiously;
(d) Avoid violent or confronting conduct, where implied or express;
(e) Show kindness;
(f) Do not share electronic media which is illegal and inappropriate;
(g) Do not share electronic media that may harm others;
(h) Do not discuss ‘hot political and decisive’ community issues;
(i) Follow the law;
(j) Be respectful that people from different background and geographies have different faith values and modes of interaction;
(k) Report to TheLuxDate about issues that are causing you concern and harm;
(l) TheLuxDate has a warning system, together with systems for suspension and banning users and members, based on the severity of the alleged or actual conduct.
6. Your Content
“Content” means and includes without limitation, all written, texts, videos, images and audio.
Where you are accessing and using our Services, you will have access to your content (which includes all content you upload onto TheLuxDate platform irrespective of your authorship or other others), content of other members (which includes all content that they upload onto TheLuxDate platform irrespective of whether the authorship is by the members or others) and TheLuxDate content.
You are solely responsible and liable for your content, for which you agree to indemnify and hold TheLuxDate harmless from any claims made in relation to your content. Where you upload content comprising personal information about yourself or other members, you do so at your own risk.
You acknowledge and accept that content that you provide may be viewed by other users and members, and notwithstanding these Terms of Use, the members may share your content with third parties with or without your consent.
Your warrant that all content you upload to TheLuxDate platform is provided on the basis that you have the necessary right and license and that you automatically grant to TheLuxDate the right to a license to use your content as provided, pursuant to this Agreement.
You are prohibited from uploading or posting inappropriate content to TheLuxDate platform.
TheLuxDate reserves the right to moderate your and other Member content, on the basis of our safety and community guidelines stated in section 5.
7. Member Content
As you are aware, user and members will post their content on TheLuxDate platform. It is your responsibility to verify member content for accuracy. You have no rights to member content, unless you receive such a right exclusively between the member and yourself.
You may only use the member content to the extent that your use aligns with TheLuxDate’s purpose of allowing you to communicate with and meet other members. This includes your agreement not to copy member content, use it for commercial purposes, harass, spam or make unlawful threats.
TheLuxDate may terminate your account if you misuse user or member content.
8. TheLuxDate content
TheLuxDate content is either owned by us or sourced by us under license, in order for us to deliver the Services to you and the members. All rights, title and interest in and to our content remains with TheLuxDate at all times.
We grant to you a limited license to access and use TheLuxDate content as stated in section 17 below and we reserve all other rights.
9. Inappropriate content and conduct
We strictly adhere to a ‘zero tolerance’ implementation of any inappropriate content and conduct by our members and those that access TheLuxDate Applications.
We encourage members and users to report inappropriate content and conduct for immediate review by TheLuxDate personnel.
Reports may be made by www.theluxdate.com and support@theluxdate.com. As indicated throughout this Agreement, our Privacy Policy , we may share content between our affiliates for the safety and security of our users and members. We may take action, which includes but is not limited to providing warnings, suspending, terminating or banning you from our Services.
You acknowledge and agree that we may not share information with you regarding your account if doing so would potentially affect the safety or privacy of other users.
A breach of this section may lead to a breach of Australian intellectual property laws and also applicable intellectual property laws in your location.
10. Assumption of Risk
TheLuxDate is not responsible for the conduct of any person that uses TheLuxDate Applications, products and services and is extended to in person (or offline) communications or transfer of goods (including but limited to money, gift) with any other user or member.
Whilst TheLuxDate does not conduct routine criminal background screenings on its users and members, it reserves the right to do so. You agree to TheLuxDate conducting criminal background checks on you.
TheLuxDate makes no representation, warrant nor guarantees, either express or implied, regarding your ultimate compatibility with persons that you engage with using TheLuxDate Applications, products and services.
11. Third-party content
TheLuxDate Services may contain third-party offers, such as promotions and advertisements and also links to other third-party products and services.
TheLuxDate does not endorse, nor is responsible for the accuracy of any such third-party products and services. Any interaction by you with such third parties is at your discretion and risk.
You acknowledge and agree that TheLuxDate is not responsible or liable to you for such third -parties’ terms or actions.
12. Termination of Services
Where you wish to end receipt of Services or we terminate your Services, you may do so by logging into your account and following the instructions to complete the process.
TheLuxDate reserves the right to suspend or terminate your services without a refund to you where TheLuxDate believes you have breached the Terms of Use. The actions TheLuxDate may take includes technological and legal means available to enforce the Terms of Use, at any time without liability and without the obligation to give you notice and preventing you from accessing the Services.
Where TheLuxDate terminates your Service for any reason, these Terms of Use continue and remain enforceable between TheLuxDate and you, and you will not be entitled to any refund. Your Personal Information will be maintained and deleted in accordance with TheLuxDate Privacy Policy.
13. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will TheLuxDate, its affiliates, employees, licensors, or service providers be liable for any indirect, consequential, exemplary, incidental, special, punitive, fixed, or enhanced damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of content, use, goodwill, or other intangible losses, resulting from:
(a) your access to or use of or inability to access or use the services;
(b) the conduct or content of any users or third parties on or through any of our affiliates’ services or in connection with the services;
(c) any unauthorised access, use, or alteration of your content, even if TheLuxDate has been advised of the possibility of such damages; or
(d) any subsequent interactions, including but limited to communication using electronic means and face to face meetings.
To the fullest extent permitted by applicable law, in no event will TheLuxDate's aggregate liability to you for all claims relating to the services exceed the greater of:
(a) $100 USD; or
(b) the Amount paid, if any, by you to TheLuxDate for the services during the twenty-four (24) month period immediately preceding the date that you first file a lawsuit, arbitration or any other legal proceeding against TheLuxDate, whether statutory, in law Or in equity, in any tribunal.
The damages limitation set forth in the immediately preceding sentence applies:
(a) regardless of the ground upon which liability is based (whether default, contract, tort, statute, or otherwise);
(b) irrespective of the type of breach of rights, privileges, or obligations; and
(c) with respect to all events, the service and this Agreement.
The limitation of liability provisions set forth in this section 13 shall apply even if your remedies under this Agreement fail with respect to their essential purpose. Some jurisdictions do not allow the limitation of certain damages, so some or all of the limitations in this section may not apply to you.
14. Disclaimer
TheLuxDate delivers the services on an "as is" and "as available" basis and to the extent permitted by applicable law.
TheLuxDate grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to our services (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.
TheLuxDate does not represent or warrant that:
(a) our services will be uninterrupted, secure, or error free;
(b) any defects or errors in our services will be discovered or corrected; or
(c) that any content or information you obtain on or through our services will be accurate, complete, current or appropriate for your purposes.
TheLuxDate makes no guarantees as to the number of active users at any time; users' ability or desire to communicate with or meet you, or the ultimate compatibility with or conduct by users you meet through the services.
TheLuxDate assumes no responsibility for any content that you or another user or third party posts, sends, receives, or acts on through our services, nor does TheLuxDate assume any responsibility for the identity, intentions, legitimacy, or veracity of any users with whom you may communicate with through TheLuxDate.
Any material downloaded or otherwise obtained through the use of our services is accessed at your own discretion and risk.
TheLuxDate is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering, hacking, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other disruption or malfunction.
15. Indemnity
You acknowledge and agree that your conduct whilst accessing and using TheLuxDate Services, including interacting with users and TheLuxDate are your responsibility.
You agree to indemnify, defend, release, and hold TheLuxDate, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
(a) any negligent acts, omissions or willful misconduct by you;
(b) your access to and use of TheLuxDate Applications;
(c) the uploading of your content to the TheLuxDate Applications;
(d) any breach of these Terms of Use by you; and/or
(e) your violation of any law or of any rights of any third party.
TheLuxDate retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent.
Where we request cooperation and assistance from you, you will co-operate and assist fully and reasonably as required by TheLuxDate in the defense of any relevant claim.
16. Privacy
TheLuxDate Privacy Policy found here outlines how TheLuxDate managed its privacy obligations. By using TheLuxDate Services, you agree that TheLuxDate may use your personal information in accordance with our Privacy Policy.
17. TheLuxDate granted rights
On the basis of your compliance and observance of all the terms and conditions in this TheLuxDate Terms of Service and Privacy Policy, TheLuxDate grants to you a personal worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use TheLuxDate Services for the sole purpose permitted by these TheLuxDate Terms of Use and applicable laws.
The license granted by TheLuxDate is instantly and automatically revoked when you fail to comply with these TheLuxDate Terms of Use.
18. The rights you grant to TheLuxDate
By receiving from TheLuxDate authority to open an account, you grant to TheLuxDate a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the public your content, including any information you authorise us to access from third party sources (where applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future.
TheLuxDate’s license to your content shall be non-exclusive except that TheLuxDate’s license shall be exclusive with respect to derivative works created through use of our Services.
You agree that TheLuxDate, its affiliates or third-party partners may place advertising on our Services. Where you that where you provide feedback or suggestions to TheLuxDate regarding our Services, you agree that TheLuxDate may use and share such feedback for any purpose without any compensation or notice to you.
You agree that TheLuxDate may access, preserve and disclose your Personal Information, including your content, where allowed by law or upon a good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce TheLuxDate Terms of Use;
(c) respond to any claims that any content violates the rights of third parties;
(d) respond to your requests for assistance;
(e) protect the rights, property or personal safety of TheLuxDate or any other person; or
(f) to investigate, prevent, or take other action regarding illegal activity suspected fraud or other wrongdoing.
19. Dispute Resolution
Where there is a dispute between the parties, the parties agree to adopt the Dispute Resolution process, except where prohibited by applicable law.
For disputants residing in the EU, EEA, UK, or Switzerland, the processes outlined in section including Subsections 19.2 and 19.3 do not apply.
The online dispute settlement platform of the European Commission is available at Online Dispute Resolution | European Commission.
Where the matter is determined to apply US Law, the National Arbitration and Mediation (‘NAM’) shall be used.
19.1 The First Step
Where you are dissatisfied with TheLuxDate Services for any reason, please contact TheLuxDate Customer Service first so we may attempt to resolve your concerns without the need of external third-party involvement.
Where you choose to pursue a dispute or claim against TheLuxDate, these terms will apply.
We defined disputes, “Dispute” as any dispute or claim between you and TheLuxDate that arises from or related in any way to this Agreement (including any alleged breach of this Agreement), TheLuxDate Service, or our relationship with you.
The term Dispute is extended to include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement (unless this Agreement is superseded by a subsequent Agreement entered into by you and TheLuxDate).
Where you have a Dispute with TheLuxDate (“Your Dispute”), before formally pursuing Your Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to our Australian and US office:
Australian office:
The Mate App Pty Ltd, trading as TheLuxDate
11 Wilson Street, South Yarra, Victoria 3141, Australia
US Office:
Glamba Private Ventures LLC
Unit 12, Suite 3075, 701 Tillery Street Austin, Texas 78702, USA
However, if Your Dispute includes individual claims of sexual assault or sexual harassment occurring in connection with your use of TheLuxDate Services, then you are not required to send a Notice before pursuing your claims in accordance with Section 21(b).
Your Notice must contain all of the following information:
(a) your full name;
(b) information that enables TheLuxDate to identify your account, including a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you used to register your account if any; and
(c) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any).
You must personally sign this Notice for it to be effective.
Where TheLuxDate has a Dispute with you (“TheLuxDate’s Dispute"), TheLuxDate agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your account.
TheLuxDate’s Dispute Notice will provide a detailed report of TheLuxDate’s Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any).
You and TheLuxDate agree to then negotiate in good faith in an effort to resolve the Dispute.
As part of these good faith negotiations, TheLuxDate may request a telephone conference with you to discuss Your Dispute, and you agree to personally participate, with your attorney if you’re represented by counsel. Likewise, you may request a telephone conference to discuss TheLuxDate’s Dispute with you, and TheLuxDate agrees to have one representative participate.
We wish that this first step, being an informal process, lead to a resolution of the Dispute.
Where the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or TheLuxDate may initiate an arbitration.
Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration (except for individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services). Failure to do so is a breach of this Agreement.
Unless prohibited by applicable law, the Australian arbitration provider, The Australian Disputes Centre (“ADC”), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied.
A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding accordingly.
All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding (except to the extent required to certify in writing that the Party met the requirements of this informal dispute resolution process before commencing an ADC arbitration), provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable.
19.2 Class Action and Jury Trial Waiver
To the fullest extent allowable by law, you and TheLuxDate each waive the right to a jury trial and the right to litigate disputes in court in favour of individual arbitration (except for small claims court or for individual claims of sexual assault or sexual harassment occurring in connection with your use of the services, as provided herein).
You and TheLuxDate each waive the right to file or participate in a class action against the other or otherwise to seek relief on a class basis, including any currently pending actions against TheLuxDate.
To the fullest extent allowable by law, there shall be no right or authority for any claims to be arbitrated or litigated on a class, collective, representative, consolidated, or private attorney general basis.
The arbitrator can award the same relief available in court provided that the arbitrator may only award final relief (including injunctive or declaratory relief) in favour of the individual party seeking relief and only to the extent necessary to provide final relief warranted by that individual party’s claim.
The arbitrator may not award final relief for, against, or on behalf of anyone who is not a party to the arbitration on a class, collective, representative, or private attorney general basis.
Where a court determines that any of these prohibitions in this paragraph are unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), and all appeals of that decision are affirmed and such decision becomes final, then you and TheLuxDate agree that that particular claim or request for relief shall proceed in court but shall be stayed pending individual arbitration of the remaining claims for relief that you have brought.
Where this specific paragraph is found to be unenforceable, then the entirety of this arbitration provision (except for the jury trial waiver and the informal dispute resolution process) shall be null and void. this paragraph is an essential part of this arbitration agreement.
19.3 Dispute Resolution through Arbitration or Small Claims Court
Any Dispute that is not resolved informally according to the informal process outlined above, shall then take the next step of being exclusively resolved through individual arbitration.
Either you or TheLuxDate may elect to have an individual claim heard in small claims court, and individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services may be brought in accordance with Section 21(b).
Where the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed by the arbitration provider, that is where allowable, through the Australian path, with ADC and where the US jurisdiction legally applies, through the NAM.
Any controversy over the small claims court’s jurisdiction shall be exclusively determined by such small claims court. No determinations made by a small claims court shall have preclusive effect in any proceeding involving TheLuxDate and anyone other than you. In the event such small claims court specifically determines that it is without jurisdiction to hear the Dispute, you and TheLuxDate shall arbitrate the Dispute under the terms of this Agreement.
All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section and including questions of arbitrability, any request to proceed in small claims court that is made after an arbitrator has been appointed, and any dispute as to whether either Party is in breach or default of the Dispute Resolution Section or has explicitly or implicitly waived the right to arbitrate.
Where you or TheLuxDate challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute.
However, such court determination shall not be considered or deemed binding or have preclusive effect with respect to any proceeding involving TheLuxDate and anyone other than you.
Any court proceeding to enforce this Dispute Resolution Section 19, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced in accordance with Section 21(b).
Where in the event Dispute Resolution section 19 is for any reason held to be unenforceable, any litigation against TheLuxDate (except for small claims court actions) may be commenced only in Victoria Australia or in the case of the US, in the federal or state courts located in Dallas County, Texas.
You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.
20. Changes to these Terms of Service
TheLuxDate reserves the right to change these terms by updating or modifying at any time, becoming effective upon posting the revised Terms of Service, together with notice of the effective date, above on the Services.
We may provide notice of such updates or modifications by any reasonable means. Your continued access and use of TheLuxDate Services following our update or modification to these Terms of Service will constitute your acceptance of such updates and modification.
21. Miscellaneous.
(a) Amendments. This Agreement, together with the Privacy Policy hereto represent the entire understanding between the parties hereto and supersede all other written or oral agreements heretofore made by or on behalf of Katomaran India or Katomaran Australia and may be changed only by agreements in writing signed by the authorised representatives of the parties.
(b) Applicable Law. This Agreement is governed by the law of Victoria, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia, without regard to its conflict of laws rules. Any Dispute Resolution Process shall be governed by Australian law, in the process set out in the Dispute Resolution Process set out in section 19. In the European Union, the European Economic Area, the UK, USA and other jurisdictions within the Gulf Cooperation Council countries, the choice of Victorian governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
(c) Relationship of Parties. Nothing in this Agreement shall constitute or be deemed to constitute a partnership between the parties hereto or constitute or be deemed to constitute Katomaran Australia as an affiliate of TheLuxDate, for any purpose whatever, and neither party shall have authority or power to bind the other party, or its affiliates, or to contract in the name of or create a liability against the other party or its affiliates, in any way or for any purpose.
(d) Assignment. Unless indicated to the contrary within this Agreement, neither this Agreement, nor the obligations of either party, may be transferred or assigned by either party without the prior written consent of the other party.
(e) Waiver. A waiver by either of the parties hereto of any breach by the other party of any of the terms, provisions or conditions of this Agreement or the acquiescence of either party hereto in any act (whether commission or omission) which but for such acquiescence would be a breach as aforesaid, shall not constitute a general waiver of such term, provision or condition of any subsequent act contrary thereto.
(f) Notice. All communications between the parties which are required or permitted to be in writing shall be sent by hand delivery, with receipt obtained, or by recognised courier, properly prepaid and sent to the addresses specified in the first paragraph of this Agreement. All such communications shall be deemed received by the other party upon the earlier of actual receipt or actual delivery to the address specified in the first paragraph of this Agreement. By written communication, either party may designate a different address for purposes hereof.
(g) Force Majeure. If the performance of this Agreement by either party, or of any obligation under this Agreement, other than the payment of Fees, is prevented, restricted or interfered with by reason of war, revolution, civil commotion, riot, fire, flood, disaster, acts of public enemies, blockade or embargo, strikes, any law, order, proclamation, regulation, ordinance, demand, or requirement having a legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this Section, which is beyond the reasonable control of the party affected, such party shall, upon giving prior written notice to the other party, be excused from such performance to the extent of such prevention, restriction, or interference, provided that the party so affected shall use its best efforts to avoid or remove such causes of non-performance, and shall continue performance hereunder with the utmost dispatch whenever such causes are removed. Notwithstanding the foregoing, if such act or condition beyond reasonable control continues for a period of 180 days or more, the unaffected party may, on notice to the party affected, terminate this Agreement, and neither party shall have any further obligation to the other save for those provisions hereunder which, by their terms, survive the termination of this Agreement.
(h) Headings. The section and subsection headings in this Agreement are inserted solely as a matter of convenience and for reference and shall not be considered in the construction or interpretation of any provision hereof.
(i) Severability. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.