Terms of Service

Two Worlds One Family PTY LTD (Website Owner) owns and operates this website (www.twoworldsonefamily.com).

The following Website terms of use (Terms of Use) govern your access to and use of this Website and the services available through this Website (Services).

By using this Website and any related Services, you are agreeing to all of the Terms of Use, current at the time of your use of the Website.

1. Amendments to the Website Terms of Use

The Website Owner reserves the right to amend these Terms of Use from time to time at its discretion (Amendments). Amendments will be effective immediately. Where practicable we will endeavour to notify you of Amendments to the Terms of Use. Your continued use of the Website following any such Amendment will represent an agreement by you to be bound by the Amendments to the Terms of Use. We suggest you check the Terms of Use regularly to ensure you are aware of the most up to date terms.

2. Use of Website and Account

  •  Access to the Website is permitted on a paid subscription basis for the purpose of browsing the Website and interacting with other users. We reserve the right to withdraw or amend the Website and any Good or Services listed on the Website without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
  • You are not authorised to create an Account or use the Website unless all of the following are true, and you represent and warrant to the Website Owner that:
    • You are an individual (not a body corporate, partnership or any other business entity) and are at least 18 years of age;
    • You are legally qualified to enter into a binding contract with the Website Owner;
    • You are not prohibited by law from using our Services;
    • You have not committed, been convicted of, or pled no contest to an indictable offence (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence;
    • You are not required to register as a sex offender or an offender on any similar register in any jurisdiction in Australia or in any international jurisdiction, whether at a federal, state or local level;
    • You do not have more than one Account on our Website; and
    • You have not previously been removed from our Website or been banned from using our Services by us or any affiliate, unless you have our express written permission to create a new Account.
  • If at any time you cease to meet these requirements, all authorization to use the Website or access the Services will be automatically revoked, and you must immediately delete your Account. The Website Owner retains the right to terminate or suspend your access to your Account our Services without warning and without justification.
  • After termination of your Account these Terms of Use will continue to apply to you to the fullest extent permitted by law.
  • You agree to:
    • Comply with these Terms of Use, and check this page from time to time to ensure you are aware of any changes;
    • Comply with all applicable laws, including (without limitation) privacy laws, intellectual property laws, anti-spam laws and all regulatory requirements;
    • Take reasonable steps to protect the security of your login information; and
    • Comply with all reasonable requests by the Website Owner as to your conduct on the Website, operation of any Account, and compliance with these Terms of Use.

3. License

Whilst you are complying with these Terms of Use, the Website Owner grants you a personal, worldwide, royalty-free, non-exclusive, non-assignable, revocable license to access and use our Services and the Website for purposes as intended by the Website Owner and permitted by these Terms of Use and any applicable laws. This license will be automatically revoked in the event that you fail to comply with these Terms of Use.

4. Disclaimer regarding identity of users

  • The Website Owner does not conduct criminal background or identity verification checks on its users and is not responsible for the conduct of any user on or off the Website.
  • The Website Owner does not make any enquiries into the background of its users and makes no warranties as to the conduct, identity, health, medical history, characteristics, physical condition, history, ancestry, intentions or legitimacy of users.
  • Despite anything in this clause, and without creating any liability or duty of care to any person, the Website Owner reserves the right to conduct, and you authorise the Website Owner to conduct, any criminal background check or other screening at any time as the Website Owner deems appropriate. You agree that any information provided by you may be used for that purpose.
  • You are solely and wholly responsible for your interactions with other users on the Website and off the Website, and the Website Owner shall not be responsible in any way for such interactions.

5. Subscription

Access to this Website and the Services is provided on a paid subscription basis. If you purchase a subscription, it will automatically renew, and you will be charged, until you cancel your subscription.

  • When you purchase an automatically renewing subscription, you will continue to be periodically charged for the subscription until you cancel.
  • After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.
  • If your received a discounted promotional offer, your price may go up per the terms of that offer following the initial subscription period for any subsequent renewal period.
  • If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log into your Account and follow the instructions to manage or cancel your subscription, even if you have otherwise deleted the Website from your device.
  • You may edit your payment method at any time. If you have elected to pay with Stripe or your Credit Card, you may edit your payment information in the ‘My Account’ page. If you have elected to pay with PayPal, payment information must be updated through your PayPal account.
  • If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain liable for any uncollected amounts and any fees incurred by the Website Owner in collecting those amounts.
  • There are no refunds or credits for partially used periods, unless the laws applicable provide for refunds.

6. Linked Sites

  •  This Website may contain links to other websites (Linked Sites), which are not operated by Website Owner. These Linked Sites may include the advertisements or promotions of third parties. The Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of the Linked Sites. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such Linked Sites, if any.The Website Owner is not responsible for the material contained on the Linked Sites or the availability (or lack of availability) of those Linked Sites or the services which the Linked Sites purport to provide.

7. Privacy policy

Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.

8. Prohibitions

  •  Access to the Website is provided to you on the basis that you must not misuse this Website. Accordingly, you agree that you will not do any of the following:
    • commit or encourage a criminal offence;
    • transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
    • hack into any aspect of the Website; corrupt data; cause annoyance to other users;
    • maliciously interrupt the purchase of Services from the Website;
    • infringe upon the rights of any other person’s proprietary rights;
    • send any unsolicited advertising or promotional material (spam);
    • harass, bully, stalk, intimidate, assault, defame, harm or otherwise abuse or cause psychological harm to any other users; or
    • attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
    • You acknowledge that breaching this prohibitions clause would constitute a criminal offence and, if breached, the Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
  • You agree that you will not:
    • Misrepresent your age, identity, or affiliations with a person or entity;
    • Use the Services in a way that damages the Services or prevents their use by other users;
    • Use the Services in a way to interfere with, disrupt or negatively effect the Website, the servers, or the Services in any way;
    • Post or share Prohibited Content (outlined below);
  • The Website Owner will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
  • You must not use the Website, the Services or your Account, or any of the content contained within it, for any purpose that involves:
    • The reproduction of the content in any material form;
    • The distribution of the content in any material form;
    • Re-transmission of the content by any medium of communication;
    • Uploading or reposting the content to any other site on the Internet; or
    • “framing” the content on the Website with other content on any other website.

The above are specifically prohibited by these Terms of Use.

  • You may not modify or copy:
    • The layout of the Website; or
    • Any software or code contained in the Website.

Prohibited Content

The Website Owner prohibits the uploading or sharing of content that:

  • Could reasonably be deemed to be offensive or to harass, abuse, or cause psychological distress to another person;
  • Is obscene, pornographic, violent or contains nudity;
  • Is abusive, threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
  • Encourages or facilitates any illegal activity, including, without limitation, terrorism and inciting racial hatred;
  • Is defamatory or untrue;
  • Relates to commercial activities, including without limitation, sales, competitions, promotions, advertising, solicitation for services, sex work, commercial arrangements for the donation of any human tissue, or commercial surrogacy arrangements;
  • Involves of facilitates the transmission of spam;
  • Infringes upon any third party’s rights, including, but not limited to, intellectual property rights and privacy rights; or
  • Is inconsistent with the intended use of the Website.

9. Intellectual property, software and content

The intellectual property rights in all software, the Services and Website content (including photographic images) made available to you on or through this Website remain the property of the Website Owner or its licensors and are protected by copyright laws and treaties around the world. The Website Owner and its licensor (where appropriate) reserve all such rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

10. Disclaimers of liability

  •  You use the Website and the Services at your own risk.
  • Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
  • The Website Owner makes the Website and Services available for third parties to upload information and content without assuming a duty of care to users. We give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information or content contained on the Website or any linked sites or applications on the Internet.
  • To the fullest extent permitted by law, the Website Owner hereby expressly excludes all representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute Services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
  • To the fullest extent permitted by law, the Website Owner expressly makes no warranties as to the merchantability, fitness for purpose, security, accuracy, reliability, availability, timeliness and performance of the Website and the Services.
  • This disclaimer does not affect the Website Owner’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.
  • The Website Owner assumes no responsibility for any content that you or any other use or third-party posts, sends, receives on acts on through the Website and the Services, nor does the Website Owner assume any responsibility for the identity, intentions, legitimacy or veracity of any users with whom you may communicate with on the Website.
  • These Terms of Use do not create any relationship of health professional/patient with you. We recommend that you obtain medical advice from your relevant health provider regarding any medical or health issues.

11. Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

12. Disclaimer as to ownership of trademarks, images of personalities and third-party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner.

13. Indemnity

You agree to at all times indemnify and keep indemnified, defend and hold harmless the Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, loss, damages or costs (including, but not limited to, reasonable legal fees and expenses) arising from your use of this Website or your breach of these Terms of Use.

14. Right to exclude competitors

  •  You are prohibited from using the Website, including all material and information, in any way that competes with our business.
  • If you breach this term, we will hold you responsible for any loss we may sustain, and hold you accountable for any profits that you may make from non-permitted use.
  • We reserve the right to exclude any person from using the Website, and the material and information found on it, in our sole discretion.

15. Variation

The Website Owner must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Goods and Services or any page of this Website.

16. Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.

17. Complaints and Reports

  •  We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Complaints should be sent to [email protected].
  • We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off the Services. We encourage you to report any inappropriate content or misconduct by other users of the Services by using the ‘report user’ function, and we also encourage you to use the ‘block user’ function if you would not like another user to be able to view your profile or engage with you through the Services.

18. Dispute Resolution

  •  Following compliance with our complaints handling procedure at clause 17 above, if the issue remains unresolved, you agree to send a detailed notice to the Website Owner, prior to formally pursing the dispute an external dispute resolution process, setting out the following:
    • Your full name;
    • Information that enables the Website Owner to identify your Account, including a picture or screenshot of your profile’
    • Your address, mobile phone number and date of birth used to register your Account; and
    • A detailed description of the alleged dispute, including the nature and factual basis of the claim made by you.
  • Upon receipt of a notice which complied with clause 18(a) above, the Website Owner will contact you within a reasonable time frame and will endeavour to resolve the dispute with you through informal means.

19. Jurisdiction

  •  These Terms of Use shall be exclusively governed by and interpreted in accordance with the law of the State of New South Wales, Australia.
  • You agree to submit to the exclusive jurisdiction of the courts of the state of New South Wales, Australia, to determine any dispute arising out of the Terms of Use.

Dated: 8th July 2024