Last Updated 14/05/2018

terms and conditions

Welcome To Vencha!

Before using Vencha, we recommend you take time to read the following to ensure you are aware of the "fine print"

 

By creating an account with Vencha, you accept the following Terms and Conditions's in this Agreement, along with our Privacy Policy and agree to follow "The Rules" which both can be found in the Legal section on our website www.venchasocial.com.au

The Vencha App is owned and operated by Vencha Social Pty Ltd and for the purpose of this agreement shall be known as; "Vencha," "App,"  "We", "Us.'

"The fine print"

Vencha is a mobile application developed for Social Events and Dating. We want everyone to have a good experience and be safe on

our App, therefore, we require you to agree with, follow and abide by the following Terms and Conditions.

Failure to do so will result in your account being deleted without warning. By creating an account with Vencha, you agree to the complete following;

1. We use Facebook to verify users.

To register an account with Vencha, you will be confirming you are at least 18 years of age, and legally permitted by Australian law to use the App. For security purposes and to help us keep fake accounts off Vencha, we require you authorise us access to your Facebook information which will be displayed on your Vencha account, which may include but not limited to; name, age, pictures, relationship status, location and information about Facebook friends you share in common with other Vencha users.

For more information about how your information is handled please view our Privacy Policy.

 

The confidentiality of your login credentials, and all activity that happens under those credentials, remains your responsibility. If at any time you believe your account has been compromised, please contact info@venchasocial.com.au

2. Vencha is a bully free zone.

Vencha will not tolerate any offensive, bullying or anti-social behaviour towards any person. By creating an account with Vencha you agree to treat other users with respect and maintain a bully free zone. Should you be reported Vencha admin will investigate and if found to be correct, your account will be deleted without warning. You are solely responsible for your actions on Vencha, although we encourage and try to enforce every user to be treated with respect, Vencha is not responsible for the conduct of any user on or off the App. You agree to use caution in all interactions with other users, If you plan to meet in person with someone you have met through Vencha, we highly recommend you arrange to meet at a safe, social and public environment such as a bar.

If you plan to meet in person with someone you met through the Vencha App, we do not recommend consuming alcohol, or meeting them at a private premises (such as their house).

You understand even if you follow our recommendations, neither Vencha or the owners hold no responsibility for the behaviour of users on or off the app and will not accept liability for any incidents that occur if you meet in person with someone from the App.

By creating an account with Vencha, you agree you are not a registered sex offender and not currently wanted for investigation by authorities. Vencha does not conduct any type of criminal history checks or inquire into the background of its users, Vencha makes no representations or warranties as to the personal conduct of users. 

In simple terms, we will do our best to maintain a bully free zone on the App, however you must understand we can not guarantee the person is who they say they are and you are responsible for your own safety if you decide to meet someone in person from the Vencha App. If you do meet someone and at any point you feel your safety is threatened or you have been violated, Vencha can not be held accountable and you should contact the local authorities immediately.

3. Service Modifications and Termination. 

So we can keep our content and service functional, engaging and useful, Vencha are continuously working on ways to improve the Service. This means that from time to time, Users may see new product features be added to the Service, or enhanced, as well as the removal of some features from the Service. Vencha reserves the right to do this without notice to you, the User, unless it materially affects your rights and obligations. 

 

Instructions for terminating your account can be found in the “Settings” tab. Please note that any in app purchases or subscriptions cannot be terminated in the App, and will need to be managed your mobile device platform (i.e. App Store/Google Play). 

Vencha reserves the right to terminate your account at any time without notice if we feel you have violated any term outlined in this Agreement. If your account is terminated, we may do so at any time without warning, and without any refund for in app purchases and subscriptions. Termination is effective immediately.  

4. We do not discriminate, and neither should you.

By creating an account you agree you will not post any content that may be considered to be racist, sexist, violent, threatening, sexually explicit, pornographic or otherwise offensive. Any breach will result in Vencha admin deleting the offensive content and/or deleting your account without warning. Vencha reserves the right to forward any content to authorities if we believe it warrants a crime. 

We will try to keep offensive content off Vencha, however,  we can not guarantee all content you see will comply with our Terms and Conditions, if you see something you think breaches this Agreement report the account using the top, right hand button in the profile screen, or contact Vencha admin with a screenshot of the offensive content via email info@venchasocial.com.au. 

5. We will snitch if you abuse the App.

Vencha will not tolerate the use of the App for any activity that can be considered illegal, including but not limited to; activity that solicits money, illicit drug related or encouraging terrorism. 

Vencha reserves the right to forward content of any illegal activities to authorities for investigation including the offending user details. 

 

6. We will not tolerate scammers.

By creating an account with Vencha you agree you will not ask, or otherwise suggest users to send you money, give you bank account details or ask for credit card information. Any user attempting to gain bank account or private information from another user for the purpose of a scam or illegal activity will have their account deleted without warning, 

Vencha is free to use, however, if you choose to upgrade to premium all payments are handled through the Apple iTunes Store or Google Play Accounts.

You understand Vencha is not responsible for your loss if you provide private information which leads to a scam such as but not limited to; your credit card details, private information, Netbank or bank account information, PayPal details, or otherwise send money to other users on the Vencha App.

7. In App purchases and premium account payments.

Please be aware that Vencha’s Premium subscription service continuously renews automatically. By agreeing to this Agreement, you acknowledge that, unless cancelled by you, or terminated in accordance with this agreement, the premium services will be automatically direct debited from your nominated account on a continuous basis. Payments and In App Purchases are handled through the Apple App Store and Google Play which if, for any reason, are unsuccessful in retrieving payment for your premium subscription, Vencha reserves the right to revoke your Vencha Go premium features until payment is received.

 

Please note that all payments are non-refundable. If you have cancelled your service, you can still enjoy all that Vencha has to offer for any billing period(s) for which you have paid. However, if Vencha has cancelled your service for any reason, then we have no obligation to provide you with any refund and your access to the Service will be terminated effective immediately. 

8. Prohibited Conduct and Uses.

As we are allowing our users access to use the Service and enjoy the Services’ benefits, we ask that you agree to the following terms regarding prohibited conduct and uses listed below:

 

  1. You will NOT use Vencha for any commercial or non-private use, such as the sale or advertisement of goods or services. You also understand that the Services provided by Vencha are for personal, non-commercial use only in the manner and for the purposes that We intend. 

  2. You will NOT include material on your personal profile page which contains video, audio, photographs, or images of any person under the age of eighteen (18) at all or any person over the age of eighteen (18) without his or her express permission;

  3. You will NOT make unsolicited offers, advertisements, proposals, or send junk mail to other Users of Vencha. This includes unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies. 

  4. You will NOT remove, circumvent, disable, damage or otherwise interfere with security-related features of Vencha, features that prevent or restrict use or copying of any content accessible through Vencha, or features that enforce limitations on use Vencha.

  5. You will NOT intentionally interfere with or damage operation of the Services provided by Vencha, or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. 

  6. You will NOT post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person. 

  7. You will NOT use Vencha with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications. 

  8. You will NOT attempt to gain unauthorized access to Vencha, or any part of it, other accounts, computer systems or networks connected to Vencha, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of Vencha or any activities conducted on the Service.

  9. You will NOT probe, scan, or test the vulnerability of Vencha or any system or network; use any robot, spider, scraper or other automated means to access Vencha for any purpose without Our express written permission; bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to Vencha; modify the Services of Vencha in any manner or form; use or develop any application that interacts with the Vencha or provides access to other Users’ content or information without Our written permission; or use modified versions of Vencha, including for the purpose of obtaining unauthorized access to Service; and

  10. You will NOT interfere with anyone’s ability to use or enjoy all that Vencha has to offer, or aid or encourage any activity prohibited by this Agreement.

9. Disclaimer.

  1. THE SERVICES OF VENCHA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

  2. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK.

  3. WITH REGARDS TO LOCATION DATA; THE SERVICES PROVIDED BY VENCHA ARE INTENDED FOR PERSONAL AND INDIVIDUAL USE AND SHOULD NOT BE RELIED ON OR USED FOR THE FOLLOWING PURPOSES; WHILE DRIVING OR OPERATING VEHICLES, AS AN EMERGENCY LOCATOR SYSTEM, USED IN ANY CONNECTION WITH HAZARDOUS ENVIRONMENTS OR CIRCUMSTANCES THAT MAY LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL AND PROPERTY DAMAGE. 

  4. VENCHA DOES NOT GUARANTEE THAT THEIR SERVICES WILL BE UNINTERRUPTED, SECURE, OR WITHOUT ERROR, THAT ANY INFORMATION OR CONTAINED SHARED OR OBTAINED ON OR THROUGH VENCHA WILL BE ACCURATE. 

  5. ANY CONTENT POSTED, SENT OR RECEIVED BY YOU, ANOTHER USER, OR A THIRD PARTY IS NOT THE RESPONSIBILITY OF VENCHA AND THE USE OF THE SERVICE SHOULD BE ACCESSED AT YOUR OWN DISCRETION. 

  6. LINKS TO OTHER WEBSITES OR RESOURCES VIA THIRD PARTIES OFFERED ON VENCHA IS NOT THE RESPONSIBILITY OF VENCHA. IF YOU CHOOSE TO INTERACT WITH THIRD PARTIES MADE AVAILABLE THROUGH THE SERVICE, THEN THAT EXTERNAL PARTIES TERMS WITH GOVERN THEIR RELATIONSHIP WITH THE USER AND VENCHA WILL NOT BE RESPONSIBLE, NOR LIABLE, FOR A THRID PARTIES TERMS OR ACTIONS. 

  7. NEITHER US NOR ANY OWNER OF VENCHA WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. 

10. Deleted accounts.

If you have been reported or suspected of misusing the App or engaging in any activity/behaviour that disobeys any of the above agreed upon Terms and Conditions, Vencha reserves the right to investigate your account and terminate/suspend your service without notice and without a refund of any purchases. This includes behavior that occurs both on the App, and off the App where you plan a physical meeting with users met through the service.

If you believe your account has been wrongly deleted you may plead your case via email to info@venchasocial.com.au.

Vencha accepts no liability for the inappropriate use of the service (defined by any act that disobeys this Agreement or "The Rules") and any offending users will be held solely accountable for their actions and face the appropriate consequences.

11. Any Issues?

All claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the state courts of Perth, W.A, Australia, and you and Vencha consent to personal jurisdiction in those courts.

12. Agreed?

This Agreement, with our Privacy Policy and The Rules and any terms you accept and agree to if you purchase any additional premium features ("Vencha Go" or In App Purchases), contains the entire Agreement between you and Vencha regarding the use of the service and appropriate behaviour on the App. If any provision of this Agreement is held invalid, or considered to be unenforceable, then it will be deleted from the Terms and Conditions and the remaining content of this Agreement shall continue in full force and effect. The failure of Vencha to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Vencha in any manner.

Vencha Social Pty Ltd is an Australian owned and operated company with full rights to the mobile application ("Vencha"), business number