Terms and Conditions
Terms and Conditions
5050cafefriends (also known as 5050) is owned and operated by fifty-fifty Limited.
5050 is a social networking service that enables people to correspond online and then (if desired) arrange to meet 'in person' offline (in the real world).
5050's service allows its members to view photos, profiles and vlogs and communicate via messaging (chat) online.
1. Terms and Conditions
- 1.1 Terms and Conditions
These terms and conditions are the terms on which 5050 offers you access to 5050 services and website. By registering as a member you accept these terms and conditions as amended by 5050 from time to time. If you do not accept these terms and conditions, you must not use 5050 services.
- 1.2 Amendment of terms and conditions
These terms and conditions may be amended in whole or in part by 5050 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 5050 services or this website, represents your agreement to be bound by the terms and conditions as amended.
- 1.3 Terminology
- "member" means any registered member of 5050.
- "5050", "we", "us", and "our" are references to fifty-fifty Limited.
- "profile" means any profile (which may include photos, vlog or info) submitted to 5050.
- "services" means any one or more of the services offered by 5050 including promotions and any other service that 5050 may offer.
- "you" and "your" are references to you the member.
- "5050", "website" and "site" means the 5050cafefriends website.
2. General Conditions
2.1 You may not be a member of this website if:
You cannot form a legally binding contract. By registering as a member, you warrant to us that you can form a legally binding contract. In any case, you must be over 18 years old to become a member.
- If you have ever been convicted of a violent or sexually related criminal offence.
- If you are directly or indirectly involved (in any capacity) in the operations of a service that competes with 5050 services.
- 2.2 5050 employs staff to monitor profiles and photos. Without limiting any other remedies available to us, we reserve the right at any time to suspend or remove you, your access to any services, your profile and any content you submit, from the website at our sole discretion. We also reserve the right to remove your profile or any content you submit and not be liable to you in any way.
- 2.3 5050 does not do background checks on its members or verify the information that members provide.
3. Specific warnings
- 3.1 You are solely and legally responsible for:
- a. the content and legality of all information contained in your profile;
- b. the content and legality of any material, including photos, messages, vlog that you post or enter on the website;
- c. all of your communications with and behaviour towards other members; and
- d. compliance with all applicable laws at all times when using the services and/or the website or in circumstances arising out of your use of the services and/or the website.
- 5050 is not responsible for any profile or other content posted or entered on the website and is not responsible for the actions of members off this website.
- You should not include any identifying information or illegal or unlawful information in your profile.
- 3.2 If you make contact with other members, it is entirely at your own risk. You are legally responsible for your own actions. You agree that 5050 has no responsibility or liability for any actions by you or other members including, without limitation, members that have registered under false pretences or who attempt to defraud or harm you. Although 5050 puts some safety measures in place, 5050 is not responsible for ensuring members comply with these terms and conditions or that members are who they say they are, or that they will not defraud or harm you. You are responsible for your own actions at all times on and off this website.
- 3.3 You must not communicate with, or attempt to communicate with, any person who has indicated that he or she or non-binary person has expressed a wish not to communicate with you or to continue to communicate with you.
- 3.4 5050 may be requested to assist in any prosecutions or other proceedings brought by members or third parties against other members and will do so if required by law or if we believe a member has breached our terms and conditions. You agree to us providing such assistance, including the release of any relevant information we may hold about you.
- 3.5 Members may not be who they say they are. Although we employ technology and staff to protect members, 5050 is unable to confirm that any member on this website is who they say they are. You must therefore 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 to provide. It is also possible that members from other countries will access this service. It may not be practically possible for 5050 to enforce these terms and conditions against such members.
- 3.6 Without limiting any right that we may have, we may, at our sole discretion, edit, modify, or delete content from your profile, delete any other content or material you have posted to the website, or suspend or cancel your membership if we believe that the content entered creates, or may create, liability for 5050 or if we believe the information to be inappropriate or if we believe you have breached these terms and conditions. We are not liable to you if we exercise any of these rights, including cancellation of any type of membership.
- 3.7 5050 reserves the right to decline to register or to suspend or terminate your membership without entering into further discussions with you. Without limiting the foregoing, 5050 may terminate your membership if:
- a. a serious complaint or multiple complaints are received about you from other members,
- b. you breach these terms and conditions,
- c. you impersonate another member, or
- d. you have previously been banned from using this site,
- e. or 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.
4. Your obligations as a User and Member
- 4.1 You will provide complete and accurate personal information when registering to use the service. 5050 reserves the right to contact you from time to time to verify your details.
- 4.2 You agree to comply with all applicable laws when using the services and dealing with other members.
- 4.3 You are responsible for keeping your password secret and secure. Without limiting the foregoing, you agree:
- i. not to permit any other person to use your user name and password; and
- ii. not to disclose, or provide to any other person, your password.
- 4.4 You will not attempt to damage or harm the website or the services.
- 4.5 You will not use the website for commercial purposes or for the promotion of any business.
- 4.6 You will only interface with this website manually and through a web browser. You are not permitted to programmatically or otherwise automatically interface with this website. This includes "spidering" or interfacing for the purposes of harvesting information from this website.
- 4.7 You will not enter obscene, abusive, defamatory, threatening, harassing, illegal or objectionable material on the website. This includes messages, images, the information in your profile or any other form of information that can be entered on the website (including communications with other members). 5050 will be the sole judge of what is considered a breach of this obligation. 5050 reserves the right to refer such material to the relevant authorities to consider prosecution, or to assist other members in the prosecution of members.
- 4.8 Members' accounts are not transferable.
- 4.9 You must not use 5050's messaging system for the discussion of competing services or any illegal or unlawful activity.
- 4.10 You must not enter any contact or identifying information in your profile. This includes, but is not limited to, your email address, mobile/landline phone number, physical address, any online address or link to social media accounts.
- 4.11 You must not disclose any details of any other members or disclose personal information of others through messaging on 5050 or any other method.
- 4.12 You must upload a recent photo of yourself (within two years) as your Profile Photo.
5. Fees and Refunds
- 5.1 5050 offers a paid membership. The fees specified on the website are payable in advance and are non-refundable. Fees paid will not attract credit interest or other financial charges. In the event that you are removed from the 5050 website for breach of our terms and conditions or for any other reason, your remaining membership will be lost and is not refundable.
- 5.2 The fees specified on the website include all applicable taxes, including sales tax and consumption taxes such as goods and services tax (GST).
- 5.3 5050 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.
- 5.4 All website transactions are in the currency of the country of origin.
- 5.5 All payments are processed using the secure payment gateway Stripe.
- 5.6 5050 uses Secure Sockets Layer (SSL) standard security technology for an encrypted link between browser and server.
You expressly understand and agree that:
- a. Your use of the website and the services is at your sole risk. 5050 expressly disclaims, to the maximum extent permitted by law, all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
- b. 5050 makes no warranty, to the maximum extent permitted by law, that i) the services provided will be uninterrupted, timely, secure, or error free, ii) the information provided on the website is error-free or reliable, iii) the quality of any products or services obtained through the website will meet your requirements, or iv) members are who they say they are.
- c. No advice or information that is obtained by you from 5050 or otherwise shall create any warranty not expressly stated in the Terms and Conditions.
- d. Responsibility for the content of advertisements appearing on the website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the website does not constitute 5050's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
7. Limitation of Liability
You expressly understand and agree that:
- a. 5050 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 intangible losses that result from the service, or the inability to access the service.
- b. 5050 shall not be liable for the cost of procurement of substitute goods or services resulting from services provided by 5050 shall not be liable for the conduct or statements of members or third parties in relation to the service.
You agree to indemnify fully 5050 from and against all claims, liability, loss, costs and expenses (including the full amount of legal costs) incurred or suffered by 5050 in respect of or in connection with:
- information contained in your profile;
- any material, including (without limitation) photos, messages and vlogs 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. General Provisions
- 9.1 System integrity 5050 will use its reasonable endeavours to ensure the availability of the website and services, subject to any downtime required for maintenance. However, 5050 takes no responsibility for any system unavailability, or for any loss that is incurred as a result of website or services being unavailable. Furthermore, 5050 assumes no responsibility for the corruption of any data or information held by 5050.
- 9.2 Resolution of disputes. As 5050 is not a party to any dispute between you and another member, you agree:
- a. not to involve, or attempt to involve, 5050 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.
- 9.3 Force Majeure 5050 has no liability for any lack of performance, unavailability or failure of the services or the website, or for any failure of 5050 to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of 5050.
- 9.4 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.
- 9.5 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.
- 9.6 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.
- 9.7 Intellectual Property Rights. fifty-fifty Limited (and its licensors or suppliers, as the case may be) owns all intellectual property rights and other proprietary rights in the website (including text, graphics, logos, icons, Homepage video) and the software and other material underlying and forming part of the services and the website. You may not without our prior written permission, in any form or by any means:
- adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the website; or
- commercialise, copy or on-sell any information or items obtained from any part of the website.
- 5050 does not collect personal information about you, however we do reserve the right to alter information 'you post' if it does not comply with our terms and conditions.
- 9.10 Emails and newsletters: 5050 will send you emails relating to your membership, transactions and other activities on the website and for promoting and marketing other 5050 products and services to you. 5050 may also send regular emails to members. Emails will contain clear and obvious instructions for how you can unsubscribe or how you may control your Privacy and Notifications in Settings.
It is free for any cafe, coffee shop, coffee lounge or restaurant that serves coffee to list their establishment with us, provided that coffee is available for customers to purchase on their premisis. We do not charge to list your establishment with us, so if you ever get a request for a Credit Card payment it did not come from us.
- By creating a listing with us you will be added as a 'Cafe' to 5050 and be able to be selected as a place to meet by members who use our services.
- By using our services you agree not to submit any obscene, indecent, defamatory, slanderous, racist, sexist or unlawful material. fifty-fifty Ltd reserves the right to judge an image or comment/description as mean or offensive and in doing so, also reserve the right to amend, remove, cancel your cafe listing or prohibit you from using this website as a Cafe Friend.
- By submitting images, selecting services that you may provide, a description and/or Deal of the Day, or adding WOO icons you are agreeing that fifty-fifty Limited has the right to publish, use for promotional purposes, including posting to social media any material submitted by you and that you are permitting fifty-fifty Ltd to use any of this material without any compensation of any kind being owed to you whatsoever.
- All trademarks, service marks and trade names (collectively the 'Marks') that appear on this website are proprietary to fifty-fifty Ltd. You may not display or reproduce the Marks in any manner without the prior written consent of fifty-fifty Ltd. You may not remove or modify any content offered or received through this website.