WARNING: This Website Contains Adult Material Of
An Explicit Nature
You must be at least 18 years old to register on Swingers Heaven
Access by anyone under the age of 18 is strictly
Terms and Conditions for access to Swingers' Heaven Australia
Please read these terms and conditions carefully, they contain
important information about your rights and obligations. You can print
out these terms and conditions by clicking on the print icon on your
Swingers' Heaven Australia is a website operated by Symbios
Solutions Limited whose registered office is at 25 Barnes Wallis Road,
Segensworth East, Fareham PO15 5TT, United Kingdom ("the Company"). Our
company registration number is 4316056. Our VAT number is 758224319.
You may not post any naked photographs where the person is or
appears to be under the age of 18. Members are also governed by the
laws of their country and must not enter into any act which would be
considered illegal by such laws.
You may not permit any party to appear on the webcams who are or
appear to be under the age of 18.
We will at our sole discretion remove any photograph which we
believe is unlawful or we have reasonable grounds to believe the
person is under 18.
We reserve the right to remove the photographs and ban you from
the service and where we deem appropriate report you to the police or
other relevant body.
Respect others and act within the Law at all times
We encourage everyone to treat each other respectfully. Do not
use the website to threaten, harass, stalk, or abuse others
participating in any of the services that we provide through our
website (the 'Services'). Refrain from all expressions of bigotry,
racism, and homophobia.
You may not redistribute images, photos or any personal data that
you have found, copied or downloaded from our website. We reserve the
right to remove any photographs uploaded without any explanation.
You cannot use any part of our Services to publish, post,
distribute, or disseminate defamatory, infringing, obscene, or other
unlawful material or information.
Members who wish to post naked photographs of themselves must be
over the age of 18.
1.1 Please read these Terms carefully before attempting to subscribe to
Swingers Heaven (the
1.2 By clicking on the 'I Accept' button at the bottom of these
terms and conditions and subscribing you agree to be legally bound by
these terms and conditions as they may be modified and posted on our
website from time to time.
1.3 If you do not wish to be bound by these terms and conditions
then please leave the website immediately.
2. Nature of our website
2.1 Swingers' Heaven Australia is a website dedicated to
swinging. It is completely free to register as a member of this
website. On this site you'll find a photo ads system, a forum message
board, webcams, a live chat room, swinging advice and information on
all matters relating to swingers across the UK.
Please note that our website is available only to individuals that can
form legally binding contracts under applicable law. The contents of
our website are aimed at users above 18 years old. If you do not
qualify, click here
to leave our website now.
2.2 We cannot guarantee that each member is 18 years old. To use
any of the advanced features on the site (which require payment) you
must verify your age by secondary means.
3. Conditions of access to the online service
3.1 Subscription to Swingers' Heaven Australia is free. Payment
is required when you wish to upgrade your account and have unrestricted
access to the whole website. When we accept your details we grant you a
non-exclusive, non-transferable licence to use the Service. This
licence to use our Service and any third party material that forms part
of the Service ('Materials') is granted on the terms and conditions of
3.2 In relation to the Service:
(a) You may:
(i) Display Materials electronically on a single computer to one
(ii) Download and store one copy of the Materials in machine
readable form; and
(iii) Print one copy of the Materials.
(b) You may not:
(i) Download, store, reproduce, transmit, display, copy,
distribute or use Materials other than in accordance with sub-clause
(ii) Sub-license, rent, lease, transfer or attempt to assign the
rights in the Materials to any other person;
(iii) Make the Materials available on a network;
(iv) Use the Materials in any manner, or transfer or export the
Materials or any copies into any country, other than in compliance with
applicable laws; or
(v) Allow any other person to use the Materials other than in
accordance with the terms and conditions.
3.3 You accept that you are responsible for the confidentiality
and use of your username and password, and agree not to transfer or
re-sell your account to any third party. If you believe your account is
no longer secure you must immediately change your password, which can
be done in the 'Settings' section.
3.4 The Materials are presented solely for your private, personal
and non-commercial use, and may not be re-sold.
3.5 We may terminate or suspend your use of the Service at any
time if you are found in breach of any of these terms. The Service is
moderated by Moderators. Moderators and admin may modify, adapt or
delete any postings made to any area of the Service.
4.1 To access the Service we require payment by credit/debit
card, cheque or postal order. There is a one off payment for your
annual subscription or you can pay on a monthly basis.
Important information regarding billing
4.2 Annual Payment
On subscription your card is debited the full subscription fee.
It will not be debited again until renewal is required.
4.3 Monthly Payment
If you upgrade to a monthly payment package, a payment will be
debited from your account each month until you cancel your account.
Please note that if you cancel the subscription service and you are a
monthly subscriber you MUST first cancel the payment before cancelling
the service. Failure to do so will result in your account continuing to
be charged and there will be no right to a refund.
To see how you can cancel your monthly subscription please click here.
Once cancelled your credit card will not be automatically debited
to renew your membership, your account will simply downgrade until you
make another payment if you so wish.
4.4 Swingers' Heaven Australia is entitled to refuse any
subscription request placed by you. If your subscription request is
accepted, we will confirm acceptance to you by online electronic means
('Confirmation') to the e-mail address you have given us on
registration. As the supply of the Service to you begins with our
confirmation to you, you will have no right to cancel our agreement.
4.5 You undertake that all details you provide to us for the
purpose of subscribing to the Service will be correct, that the credit
or debit card, which you use is your own and that there are sufficient
funds or credit facilities to cover the cost of any subscription. We
reserve the right to obtain validation of your credit or debit card
details before providing you with any Service.
4.6 PLEASE NOTE THAT THERE WILL BE NO REFUND OF ANY SUBSCRIPTION
FEES ONCE YOU SUBSCRIBE TO THE SERVICE.
5. Warranties and returns
5.1 We warrant that:
(a) We have a right to license the Materials to you; and
(b) We will provide the Service with reasonable skill and care.
5.2 If you have any complaints, you should direct them to us via
e-mail we will use our reasonable endeavours to respond within 48
5.3 You warrant that at all times you will comply with the Acceptable
Use Policy and Chat
rules. These can be found on the website on entry to the service.
6. Modifications to the online service
We reserve the right to make changes or corrections, alter,
suspend or discontinue any aspect of the Service, including your access
to it. Unless explicitly stated to the contrary any new features will
be subject to these terms and conditions. Please note that although we
try to ensure that the content of our website and/or the Service is
accurate, it our website and/or the Service may contain typographical
errors or other inaccuracies.
7. Information you provide
7.1 The following applies to any information you provide to us,
for example, during any registration or subscription process:
You authorise us to use, store or otherwise process any personal
information which relates to and/or identifies you, including, but not
limited to, your name and address, to the extent reasonably necessary
to provide the service which are available through our website by us.
You must ensure that the Personal Information you provide is accurate
and complete and that all registration details where applicable contain
your correct name, address and other requested details. For more
information about how we deal with your Personal Information, please
7.2 Please note your information will NEVER be used by sold to third
party unless the business is sold. We will never use any
information you give us for anything other than for administration
purposes, helping you to make the most of it. Access to your
photographs and to the forum sections of the website can be controlled
by you. This will ensure anonymity. We advise you to set up your
controls to ensure no one spam your e-mail address.
short cookies are used to provide anonymous statistics on web
traffic to our website.
You are solely responsible in all respects for all use of and for
protecting the confidentiality of any username, e-mail verification and
password that may be given to you or selected by you for access to the
Service. You may not share these with or transfer them to any third
parties. You must notify us immediately of any unauthorised use of them
or any other breach of security regarding our website that comes to
9. Applicability of online materials
9.1 Our website is controlled and operated by us from our offices in
the UK. Where Materials published in the Service are supplied by third
parties, you understand that we do not control or endorse their
contents in any way. All Materials which are offered by third parties,
are published in good faith but we do not (to the extent permitted by
applicable law) accept responsibility for the accuracy or otherwise of
those Materials (on or off-line) and the use of those Materials. You
assume total responsibility and risk for your use of the Materials and
9.2 We make no warranties, express or implied that making the
Materials and the Service available in any particular jurisdiction
outside the UK is permitted under any applicable non-UK laws or
regulations. Accordingly, if making the Service, the Materials or any
part available in your jurisdiction or to you (by reason of
nationality, residence or otherwise) is prohibited, the Service or the
relevant Materials are not offered for subscription to you and you must
cease using our Service immediately. You accept that if you are
resident outside the UK, you must satisfy yourself that you are
lawfully able to subscribe to the Service. We accept no liability, to
the extent permitted by applicable law, for any costs, losses or
damages resulting from or related to the access or attempted access of
the Service by persons in jurisdictions outside the UK or who are
nominees of or trustees for citizens, residents or nationals of other
10. Copyright and monitoring
10.1 The contents of the Service are protected by international
copyright laws and other intellectual property rights. The owner of
these rights is the Company, our affiliates or other third party
licensors. All product and company names and logos contained within our
website or the Service are the trade marks, service marks or trading
names of their respective owners, including us.
10.2 Where you submit any contribution or posting to any of the
Company's websites you agree by submitting your contribution to grant
the Company a perpetual, royalty free, non-exclusive right and licence
(including the right to sub-licence) to use, reproduce, modify, adapt,
publish and exercise all copyright with respect to your contribution
10.3 Further to sub-clause 10.1, by submitting your contribution
to the Company's websites you:
(a) Warrant that your contribution is your own original work, is
not defamatory and does not infringe any law;
(b) Indemnify the Company and our affiliates against all legal
fees, damages and other expenses that may be incurred by us as a result
of your breach of the above warranty.
11. Linked websites
We make no representations whatsoever about any other websites
which you may access through the Service. When you access any other
website you understand that it is independent from us and that we have
no control over the content or availability of that website. In
addition, a link to any other website does not mean that we endorse or
accepts any responsibility for the content, or the use of, such a
website and shall not be liable for any loss or damage caused or
alleged to be caused by or in connection with use of or reliance on any
content, goods or services available on or through any other web or
resource. Any concerns regarding any external link should be directed
to its website administrator or web master.
12. Availability of the online service
We will try to make the Service available but cannot guarantee
that the Service will operate continuously or without interruptions or
be error free and can accept no liability for its unavailability. You
must not attempt to interfere with the proper working of the Service
and, in particular, you must not attempt to circumvent security, tamper
with, hack into, or otherwise disrupt any computer system, server,
website, router or any other Internet connected device.
13.1 We exclude all express or implied terms, conditions,
warranties, representations or endorsements whatsoever with regard to
the Materials, the Service, our website or any information or service
provided through our website.
13.2 We accept no liability for any indirect or consequential
loss or damage, or for any loss of data, profit, revenue or business
(whether direct or indirect) in each case, however caused, even if
foreseeable. In circumstances where you suffer loss or damage arising
out of or in connection with the viewing, use or performance of the
Service or the Materials, we accept no liability for this loss or
damage whether due to inaccuracy, error, omission or any other cause
and whether on the part of us or our servants, agents or any other
person or entity.
13.3 Without prejudice to the above, we accept no liability in
respect of any of the activities or events organised by users of our
Services that are advertised on our website. Our use of moderators and
operators and chatroom operators and other administration of the
websites does not imply a knowledge on the part of the Company or its
affiliate of the website content.
13.4 We do not warrant that the functions of the website or the
Services will be uninterrupted or error free, that defects will be
corrected or that the Swingers' Heaven Australia website or the server
that makes it available are free of viruses or bugs.
13.5 We accept no liability if the system that you are using is
running out of date software, or software that cannot be updated, which
inhibits your access to certain parts of the site.
13.6 The limitations and exclusions in this clause do not affect
your statutory rights.
14.1 We may assign, transfer, novate or subcontract any or all of
our rights and obligations under these terms and conditions at any
14.2 We may alter these terms and conditions from time to time
and post the new version on our website, following which all use of the
Service will be governed by that version. You should return to these
terms and conditions on a regular basis to check for any changes.
the subscription request form and payment method instructions, if any,
are the whole agreement between you and us. You acknowledge that you
have not entered into this agreement in reliance upon any statement,
warranty or representation made by us and or any other person and you
irrevocably and unconditionally waive any rights to claim damages
and/or to rescind these terms and conditions by reason of any
misrepresentation (other than a fraudulent misrepresentation) that is
not contained in the terms and conditions, the acceptable use policy,
14.4 If any provision or term of these terms and conditions shall
become or be declared illegal, invalid or unenforceable for any reason
whatsoever, such term or provision shall be divisible from the other
terms and conditions and shall be deemed to be deleted from them.
14.5 These terms and conditions and your use of our website are
governed by English law and you submit to the non-exclusive
jurisdiction of the English court.
14.6 Except in respect of a payment obligation, neither you nor
Swingers' Heaven Australia will be held liable for any failure to
perform any obligation to the other due to causes beyond your or our
respective reasonable control.
14.7 Failure or delay by either party enforcing an obligation or
exercising a right under these terms and conditions does not constitute
a waiver of that right or remedy.
14.8 These terms and conditions do not confer any rights on any person
or party (other than you and/or us) pursuant to the Contracts
(Rights of Third Parties) Act 1999.
These terms and conditions replace all other terms and conditions
previously applicable to the provision of the Service.