Terms & Conditions

KLAY Modern Introductions ('KLAY', 'we', 'us', 'our') is a professional introduction and matchmaking service operated by Sydney Elise Strong trading as KLAY Modern Introductions, ABN 93 835 592 760, based in Victoria, Australia.

These Terms & Conditions ('Terms') govern access to and use of www.klayintroductions.com (the 'Website'), applications to the KLAY Network and general engagement with KLAY's Services. The specific commercial terms of a paid Membership are governed by the applicable Membership Agreement.

Contact: info@klayintroductions.com

In these Terms, the following definitions apply:

• 'Client' means an individual who has entered into a paid Membership Agreement with KLAY.
• 'Eligible Introduction' means an introduction that satisfies the definition and counting rules in the relevant Client's Membership Agreement.
• 'Introduction' means the presentation or facilitation by KLAY of a curated potential match in accordance with KLAY's introduction process.
• 'KLAY Network' means the free, application-based pool of individuals who have applied and been accepted by KLAY for potential introduction to paying Clients.
• 'Member or Network Member' means an individual accepted into the KLAY Network on a free, non-contractual basis.
• 'Membership Agreement' means the individual written agreement entered into between KLAY and a Client setting out the specific commercial and service terms of that Client's Membership.
• 'Services' means introduction, matchmaking, consultation and related services provided by KLAY, including services described in a Client's Membership Agreement.
• 'Website' means www.klayintroductions.com.

To use KLAY's Services for matchmaking or introduction purposes, you must:

• be at least 18 years of age;
• be a genuine individual seeking a romantic relationship;
• not be currently married, unless KLAY expressly agrees otherwise after full disclosure of the circumstances;
• provide true, accurate and complete information at all times;
• not knowingly conceal a current investigation, charge or conviction for conduct that may reasonably affect the safety or integrity of the KLAY Network;
• not be a registered sex offender in any jurisdiction; and
• not knowingly conceal an apprehended violence order, intervention order or equivalent order that may reasonably affect the safety or integrity of the KLAY Network.

By engaging with KLAY for matchmaking or introduction purposes, you represent that the information you provide is true, accurate and not materially misleading. KLAY may decline, suspend or terminate participation where it reasonably believes eligibility requirements are not met, subject to any applicable Membership Agreement and law.

4.1 Permitted Use

The Website is provided to enable individuals to learn about KLAY's services, submit enquiries and apply to join the KLAY Network. You may use the Website only for lawful, personal and non-commercial purposes.

4.2 Prohibited Use

You must not:

• use the Website for any unlawful or unauthorised purpose;
• collect details of other Clients or Network Members for unsolicited communications;
• transmit harmful, offensive or disruptive content;
• interfere with the integrity, security or performance of the Website; or
• misrepresent your identity, relationship status or intentions.

4.3 Information Provided

You warrant that information provided to KLAY is true, accurate and current and must notify KLAY promptly of material changes.

5.1 Application and Acceptance

The KLAY Network is a free, application-based pool of individuals who wish to be considered for introductions to paying Clients. Submission of an application does not guarantee acceptance. KLAY may accept or decline an application at its discretion.

5.2 No Entitlement to Introductions

Acceptance into the KLAY Network does not entitle a Network Member to an introduction, match or date. KLAY will contact a Network Member only where their profile is considered for a potential Client introduction or for another legitimate KLAY purpose.

5.3 Introduction Process

Before a Network Member is presented to a Client as a specific proposed introduction, KLAY will personally interview or engage with the Network Member as part of its introduction process and confirm their interest in the specific proposed introduction. A date or direct introduction proceeds only where both the Network Member and Client agree to proceed.

By applying to join the KLAY Network, you acknowledge that:

• KLAY may retain and use your application information for matchmaking purposes in accordance with its Privacy Policy;
• relevant profile information may be shared with a paying Client for a specific proposed introduction after your interest has been confirmed; and
• marketing communications will only be sent where you have consented or where otherwise permitted by applicable law.

5.4 Withdrawal

A Network Member may withdraw from the KLAY Network at any time by written request to info@klayintroductions.com.

KLAY offers personalised matchmaking and introduction services for individuals seeking a meaningful relationship. The process generally begins with a complimentary conversation to explore the prospective Client's needs, consider whether KLAY is the right fit and discuss available Membership options.

Where the prospective Client elects to proceed, KLAY will issue an individual Membership Agreement. Fees, duration, service inclusions, minimum introduction commitment, counting rules, permitted declines, pauses, refunds and shortfall remedies are governed by that Membership Agreement.

The Website and its content, including text, graphics, logos, icons, images, design elements and overall presentation, are protected by copyright and other applicable intellectual property laws. Unless otherwise indicated, all rights are owned or controlled by KLAY.

You must not, without KLAY's prior written permission:

• reproduce, republish, upload, transmit, distribute or commercially exploit Website content;
• modify or create derivative works from Website content; or
• use KLAY branding, logos or trade marks.

KLAY endeavours to keep Website information accurate and current. Website content is general information only and may be updated, amended or removed without notice. Nothing on the Website constitutes legal, financial or professional advice.

The Website may contain links to third-party websites. KLAY does not control or accept responsibility for third-party content, privacy practices or availability. Use of third-party websites is subject to their own terms.

You must engage with KLAY and its Services in good faith and for genuine relationship-seeking purposes. KLAY does not tolerate:

• harassment, intimidation or threatening behaviour directed at KLAY or any person introduced through KLAY;
• unsolicited contact or pursuit of a person after they have declined an introduction or asked for contact to stop;
• discriminatory, abusive or seriously offensive conduct;
• misrepresentation of identity, relationship status or intentions; or
• unauthorised disclosure, copying, publication or sharing of another person's personal information, photographs or profile information.

KLAY may suspend or terminate participation for serious or repeated breaches, subject to any applicable Membership Agreement and law.

KLAY does not conduct criminal background checks, formal identity verification or social media screening on Clients or Network Members as part of its Services.

KLAY relies on individuals to provide true, accurate and complete information and to comply with KLAY's eligibility requirements. KLAY does not independently verify all statements, representations or information provided by a Client or Network Member.

KLAY's screening and interview process is a matchmaking and compatibility process and is not a criminal, legal, identity or safety background check.

If KLAY becomes aware of information that reasonably raises concerns regarding a person's eligibility, honesty, conduct or safety, KLAY may suspend or terminate that person's participation in accordance with these Terms, any applicable Membership Agreement and law.

KLAY does not guarantee the identity, personal history, background, character, conduct or intentions of any Client or Network Member.

Profile photographs are used for matchmaking purposes and will not be used in marketing or promotional materials without express prior written consent. Written or video testimonials may only be used in accordance with the consent given by the individual.

KLAY handles personal information in accordance with its Privacy Policy and applicable law. The Privacy Policy explains how KLAY collects, uses, stores and discloses personal information.

By providing contact details to KLAY, you consent to receiving service-related communications necessary to respond to enquiries, manage applications, administer Memberships and facilitate introductions.

Marketing communications will be sent where you have consented or where otherwise permitted by applicable law. You may opt out of marketing communications at any time using an unsubscribe facility or by contacting info@klayintroductions.com.

15.1 Website

Use of the Website is at your own risk and the Website is provided on an 'as is' and 'as available' basis.

15.2 Conduct of Third Parties

KLAY facilitates introductions but does not control or supervise the actions, conduct, communications or behaviour of Clients, Network Members or other individuals introduced through its Services. To the maximum extent permitted by law, KLAY is not responsible for loss or harm arising solely from the independent actions or conduct of another individual.

15.3 Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.

15.4 Force Majeure

KLAY will not be liable for failure or delay in performing obligations to the extent caused by circumstances beyond its reasonable control. This clause does not limit any non-excludable consumer right.

KLAY may update these Terms from time to time. Where a change materially affects an existing Client's paid Membership, the Client's Membership Agreement will continue to govern the specific commercial and service terms of that Membership unless a lawful variation is agreed in writing.

KLAY may suspend or terminate access to the Website, KLAY Network or Services where a person materially breaches these Terms, provides materially false or misleading information, fails to satisfy KLAY's eligibility requirements, engages in harmful, dishonest, threatening, abusive, harassing or seriously inappropriate conduct, breaches another person's privacy or confidentiality, misuses another person's information or creates a genuine safety concern.

Where a Client holds a paid Membership, termination and any refund or financial adjustment will be dealt with in accordance with the Client's Membership Agreement and applicable law.

These Terms are governed by the laws of Victoria, Australia. The parties should first attempt to resolve disputes in good faith through direct communication. Nothing in these Terms prevents a person from exercising a legal right or contacting an appropriate regulator, court or dispute resolution body.

• Severability: If any provision of these Terms is invalid or unenforceable, the remaining provisions continue to apply.
• No Waiver: A failure by KLAY to act on a breach does not waive KLAY's right to act on that or a later breach.
• Entire Agreement: These Terms and the Privacy Policy govern use of the Website and engagement with the KLAY Network. The commercial and service terms of a paid Membership are governed by the applicable Membership Agreement.
• Assignment: You may not transfer your rights or obligations under these Terms without KLAY's prior written consent.

KLAY Modern Introductions

Operated by Sydney Elise Strong trading as KLAY Modern Introductions

ABN 93 835 592 760

Victoria, Australia

Email: info@klayintroductions.com