These Terms and Conditions (together with the documents referred to in
it, including our Privacy Policy) set forth a binding agreement
("Agreement") between you and Us, under which you may use this Website
and associated services offered through this Website or application
(together the "Services").
Please read these Terms and Conditions carefully before you start to use
the Services.
By using this Website, you indicate that you accept these Terms and
Conditions and our
Privacy Policy
and that you agree to abide by them. If you do not agree to these Terms
and Conditions and our
Privacy Policy, or you
are under 18 years of age or under the age of majority in the country
which you reside in if it happens to be greater than 18-years old, please
do not use this Website. Checking the designated box and clicking on the
"I Agree" button on the Sign Up page form you give us your acceptance of
and agreement to these Terms & Conditions even if you do not read them. If
you do not agree to these Terms & Conditions, you cannot access this
Website.
There are some important provisions, which we would draw your attention
to:
-
This is a flirting website for adults, it is not directed at minors,
and if you are under 18 years of age or under the age of majority in
the country which you reside in if it happens to be greater than
18-years old, you must not use our Website.
-
We are not responsible for anything that you do or say on our Website,
we have restricted use of certain words and do randomly check the
content on the Website. If you post something and we receive a
complaint, we have the right to remove it if we believe it is in
violation of any law or breaches these Terms and Conditions, or our
Privacy Policy, please see clause 5,G for details about restriction of
use of our service.
-
WE DO NOT CONDUCT ANY BACKGROUND CHECKS, CRIMINAL CHECKS OR IDENTITY
CHECKS ON ANY OF OUR WEBSITE'S USERS.
-
We do not get involved in disputes between you and any other user. We
do get involved however if content requires to be removed. You take
full responsibility and liability for all of your content, even if it
breaches a third party's rights - you remain liable.
-
All paid Membership subscriptions (Premium Memberships) automatically
renew for the period and price that you signed up to. You may cancel
the auto-renew feature to avoid recurring charges, but you must act at
least 7 days before the next renewal date to avoid renewal.
-
The Website is offering a communication service with the goal to allow
the Users and Premium Members to flirt with the Profiles, against a
certain Credit for each message. The Website is for communicative
purposes only, and is not indented to be used for physical meetings.
-
You do understand, acknowledge, and agree that profiles on this
Website are imaginary and will be associated with our Website Hosts
("Hosts"). The Hosts work for the Website in an effort to stimulate
conversation with Users, in order to encourage further and broader
participation in all of our Website's services, including the posting
of additional information and/or pictures to the Users' profiles. The
Hosts, together with Customer Support, serve to sample User activities
and communications to ensure compliance with our Terms and Conditions.
You understand, acknowledge, and agree that the information, text, and
pictures contained in the Hosts' profiles do not pertain to any actual
person, but are included for the purposes above stated and for
entertainment only. Nothing contained in any Host profile is intended
to describe or resemble any real person - living or dead. Any
similarity between Hosts user profile descriptions and any person is
purely coincidental. Please also note that a single Host may be
associated with more than one (1) user profile on our Website.
-
You further understand, acknowledge, and agree that, from
time-to-time, Hosts may contact Users via both computer-generated
Instant Messages or emails for purposes of encouraging further or
broader participation in our Website's services and/or to monitor User
activity. These messages may be transmitted to multiple recipients at
the same or similar time(s). Messages from Hosts will contain the
uniform designation "Host" to notify the user that a message has been
received from a Site Host. In the event the User responds to a Host
message via email, the User may receive one or more additional
personal or form responses from the Host. You understand, acknowledge,
and agree that no physical meeting will ever take place between you
and our Hosts, and that the exchange of messages between you and our
Hosts is for entertainment purposes, as well as to encourage further
or broader participation in our Website's services and/or to monitor
User activities. Notwithstanding the above, the User is not guaranteed
a response to any message sent to a Host (or another User).
-
WE RESERVE THE RIGHT TO AMEND THESE TERMS AND ANY DOCUMENT REFERRED TO
AT ANY TIME. YOU ARE EXPECTED TO CHECK THIS PAGE AND ITS LINKED PAGES
FROM TIME TO TIME TO TAKE NOTICE OF ANY CHANGES WE MAKE AS THEY ARE
BINDING ON YOU. SOME OF THE PROVISIONS CONTAINED IN THESE TERMS AND
CONDITIONS MAY ALSO BE SUPERSEDED BY PROVISIONS OR NOTICES PUBLISHED
ELSEWHERE ON OUR WEBSITE.
Any user or Member that violates our Terms and Conditions or we believe
was created fictitiously to participate in prohibited activities may, at
our sole discretion, be deleted.
- DEFINITIONS
“Content” is all information present on the website in the form
of (but not limited to) text, images, graphical elements and technical
codes.
“Credit” is what the User must purchase to be able to send
messages to the Profiles.
“Premium Membership” shall mean the exclusive service of
website that provides the User with access to the photo gallery of
Profiles and accessibility to see Profiles that have visited the
User’s profile.
“Profile” shall mean a fictitious profile displayed on the
website that contains a photo, username and account information of a
certain fictitious person.
“Service” shall mean the services provided by the website which
the User has access to with a valid username and password, and
therefore all features that the Website provides, including but not
limited to its messaging service.
“User” shall mean a person with a valid username and password
for this Website.
“Website” is website operated and managed by HELLERMAN LIMITED
that is accessible to the User via computer or a mobile device.
- THE PARTIES TO THIS AGREEMENT
This Website is owned by and operated by HELLERMAN LIMITED. The
Website is operated only as an online flirting service.
You are entering into this agreement with HELLERMAN LIMITED.
Our contact details are:
Name: HELLERMAN LIMITED
Address: 31 Gayton Road, Southend-On-Sea, SS2 5DL, UK
Phone: +1 888 654-4513
Email for Customer services:
[email protected]
- ABOUT THE WEBSITE
- OUR PROVISION OF THE SERVICES
We provide online entertainment and flirting services through our
Website enabling you to contact and engage in interaction with the
Profiles. This is a flirting website for adults designed as a
discreet and exciting place to exchange messages with other
like-minded people or share photos, stories, and other
information. It is intended to be a fun place to visit and it is
important to us (and for you) that it remains a safe and friendly
environment so you agree that you will only use our Website in a
manner consistent with its purpose and according to these terms.
We are continually developing our offerings to our users and we
may offer additional services or revise the scope of the Services
at our discretion and with or without notice to you, and these
Terms and Conditions will apply to all additional or revised
Services.
The Website specifically prohibits the use of the Website to
promote or facilitate prostitution or trafficking of another
person in any way possible if you do so we will terminate your
account immediately and report you to the authorities.
We also reserve the right to stop offering the Services.
- WARRANTIES BY YOU IN USING THE SERVICES
-
By accessing the Website or purchasing our services, you
certify to us that:
-
You have reached the age of majority where you live and that
you have the legal capacity to agree to these terms;
-
You own (or have permission to use) any credit card you used
to purchase our Services with and have authorised us (or our
authorised payment processing agent) to charge the credit card
according to the membership you chose (which may include
automatically recurring charges until cancelled);
-
You are aware of the mature nature of the materials
manifested, you agree to receive them, and you are not
offended by these materials;
-
You access the Website voluntarily and for your own personal
enjoyment, you will not seek to obtain commercial gain, or
obtain money or other benefits from other users or profiles,
fraudulently or otherwise;
-
You have never been convicted of a felony and that you are not
required to register as a sex offender with any government
entity;
-
Your use of the Website is not prohibited or restricted by
your jurisdiction;
-
You have complied and will continue to comply with the laws
and regulations of the jurisdiction from which you access this
Website;
-
All information that you submit when you register is accurate
and truthful and that you will promptly update any information
that you provide that later becomes inaccurate, misleading, or
false; and
-
You will not share this Website or its contents with a minor
or otherwise make them available to a minor;
-
You state that you have the right, authority, and capacity to
enter into and be bound by these Terms and Conditions and that
by using our Website you will not be violating any law or
regulation of the country in which you reside. You are solely
responsible for your compliance with all applicable local laws
and regulations;
-
You further state that you have not been convicted of and are
not subject to any court order relating to assault, violence,
sexual misconduct, or harassment.
- HOW YOU CAN ACCESS OUR SERVICES
Our Website is a meeting place for adults that features a rich
collection of online resources, including various communication tools,
chat services, match game, browse and filter Profiles. You may only
use and become a registered user or member of our Website if you are
18-years old or older (or the age of majority in the country in which
you reside if that happens to be greater than 18-years old).
You can only use this Website by signing up as a User.
- ABOUT SUBSCRIPTIONS AND BILLING
- ABOUT THE PAID FOR SERVICES
We offer you the opportunity to pay for certain services offered
on the Website. These services include Credit to use as messages,
Premium Membership with access to photo gallery and view profiles
that have visited the User’s profile.
You are responsible for all costs associated with your use of your
selected payment method including, for example, exchange rates,
transaction fees, interest, and other fees charged by your
credit/debit card companies and banks. We reserve the right to
offer free membership to any person of our choice at any given
time, for any duration, while charging other members, at the same
time. We also reserve the right to cancel the membership at any
time, for all or any of our members.
An User profile Maintenance Fee of up to $12.95 will be charged to
your User profile in the event that you are inactive - do not
sign-in - for 14 days or more, the User profile Maintenance Fee will
be charged either every 14 days or 30 days (the Maintenance Fee will
be adjusted according to how often it is charged) until you sign-in to your User profile
with all your details, even when you are not active. The
Maintenance Fee is not going to be applicable to the users who
have purchased Premium Membership.
When you come active again, after having been inactive for a
period and charted the Maintenance Fee as described above, you
will be able to convert the latest Maintenance Fee into a 30 days
complimentary use of the Premium Membership. To avail this you
will need to reach out to our Customer Support via phone on
+1 888 654-4513 or via email on
[email protected]. Please note, that you have no rights to a refund on any
Maintenance Fee charged to you.
The fee payable for the Premium Membership is set out on the
payment page when you are making the payment. Please review the
payment page very carefully when you make the payment.
Please be aware that if you subscribe to the Premium Membership,
you will become liable for automatic renewal billing. THIS MEANS
THAT THE MINIMUM DURATION OF YOUR CONTRACT WILL BE FOR THE INITIAL
PERIOD, AND THIS WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL YOUR
SERVICE.
We reserve the right to alter our subscription package at any time
(in accordance with our process noted below at section 5, C and
you will have the option to cancel your membership if you do not
agree with the changes being offered to you.
- AUTOMATIC RENEWAL BILLING – PREMIUM MEMBERSHIP
We operate an automatic renewal billing policy on our Premium
Membership subscription.
This means that once your initial membership period has expired,
for your convenience, your membership will automatically be
renewed at the same rate that you signed up for using the original
payment method. For example, if you pay by credit card, we will
continue to debit this same credit card as each subscription
period expires. We will only debit these repeat payments when your
current payment period expires and not before. From time to time
we enrol our loyal customers in a loyalty program where the
randomly chosen customers will be granted a discounted membership
price on the next payment only.
You must provide current, complete, and accurate information for
your billing account. You agree to promptly update all information
to keep your billing account current, complete, and accurate (such
as a change in billing address, card number, or expiration date),
and you will promptly notify us if your payment method is
cancelled (including if you lose your card or it is stolen), or if
you become aware of a potential breach of security (such as an
unauthorised disclosure or use of your name or password). If you
fail to provide us any of this information, we will hold you
responsible for the fees accrued under your billing account. In
addition, you authorise us to obtain updated or replacement
expiration dates and card numbers for your credit or debit card as
provided by your credit or debit card issuer.
- PRICE CHANGES
We reserve the right to alter our prices at any time and any
change in your subscription price, you will then have the option
to cancel your membership if you do not agree to any of the
changes.
- DISPUTES ABOUT BILLING AND REFUNDS
In the event that you disagree with any charge made to your
account, you agree to contact us with a view to resolving the
dispute prior to making a formal notification to your credit card
company. You must contact us either by email or telephone, stating
your reasons for dispute of the charge. This will enable us to
accurately and promptly assess your complaint and, where
justified, credit your card with the disputed amount in a timely
manner to avoid any further inconvenience to you. All disputes
must be raised within three (3) months of the disputed transaction
occurring.
Premium Membership fee should be cancelled to avoid any future
charges. If you cancel the Premium Membership you will be entitled
to receive the full benefits of the Premium Membership until the
end of the already paid Premium Membership period, after the end
of such period the cancellation will result in termination of
access to the Premium Membership.
We only refund unused Credits.
We do not provide cash refunds; if we have agreed to refund you
our authorised billing agent will refund the requested transaction
back to you and you will receive the refund to the same payment
method as how you originally paid for the transaction.
To request a refund, you must contact our Customer Support
department through our support channels; email or telephone. On
issuing a refund, the Website reserves the right to add you to the
negative databases of our associated authorised billing agents,
and to any third-party fraud prevention agents associated with our
products.
- YOUR USE OF OUR SERVICES
- PERSONAL USE
Your User profile is for your personal use only. You may not
authorise others to use your User profile or attempt to use
another User's profile. You must not assign or otherwise transfer
your User profile to any other person or entity.
You are solely responsible for your own actions and those of
anyone using your User profile, and assume all liability
regarding, (i) the information and content you or anyone using
your User profile, posts on your behalf; (ii) and the information
and content you or anyone using your User profile post, transmit,
publish, or otherwise make available through the Services.
- YOUR USE OF OUR SERVICES: INFORMATION YOU SUBMIT
If you register with us to use our Services, you warrant that you
will:
-
Provide all the information required to complete the
registration forms for our Services; and
-
Ensure the information you provide is complete, accurate and
up to date and you will promptly update all information to
keep your User profile and billing information complete and
accurate upon any change (such as change of billing address,
credit card number or expiration date); and
-
You have not and will not access or use the Services from any
place or jurisdiction where such use is prohibited or contrary
to applicable laws, rules, regulations, ordinances, edicts or
customs of your jurisdiction; and
-
Your use of the Services is and will be in compliance with all
applicable laws, rules, regulations, ordinances, edicts or
customs; and
-
If you create a User profile, you confirm you have never (i)
been convicted of a felony; and (ii) are not required to
register as a sex offender with any government entity or
agency; and
-
Only post information and content that is relevant and in
compliance with the purpose of our Service (please see below
under section 6, C "Restrictions on your use of the Website"
for further details of the restrictions on the type of
information and content you can post); and
-
Be fully responsible for all use of your User profile and for
any actions that take place using your User profile whether by
yourself or any other person using your User profile.
- RESTRICTIONS ON YOUR USE
You agree that you will not post any content on or through the
Services, transmit any content to others, communicate any content,
provide links to any content, or otherwise engage in any activity
through the Services that, in our sole judgement:
-
impersonates or otherwise misrepresents affiliation,
connection or association with, any person or entity;
-
discloses any personal or confidential information of any
person or organisation without first obtaining their consent
or solicits another person's personal information for
commercial or unlawful purposes;
-
discloses, solicits or requests personal information from
anyone under the age of 18 or discloses or solicit passwords
for unlawful purposes;
-
contains any material which is technically harmful (including,
without limitation, computer viruses, logic bombs, Trojan
horses, worms, harmful components, corrupted data or other
malicious software or harmful data);
-
promotes racism, bigotry, hatred or physical harm against any
group or individual;
-
promotes or enables illegal or unlawful activities;
-
is intended to harass, annoy, threaten or intimidate any other
members or other people or organisations;
-
is defamatory, inaccurate, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite racial
hatred, discriminatory, inflammatory, blasphemous, in breach
of confidence, in breach of privacy, harms minors in any way
(a minor being a person aged under 18 or under the age of
majority in the country which you reside in if it happens to
be greater than 18-years old ) or which may cause annoyance or
inconvenience;
-
is in any way related to child pornography, bestiality, rape
(or other non-consensual sexual behavior), mutilation of a
person or body parts, any act or depiction of parties being
harmed or forced (includes but is not limited to rape, drugs
and alcohol), any anti or exploitive religious, gender or age
specific acts (sexual exploitation);
-
is deliberately misleading or fraudulent;
-
contains others' copyrighted content (such as music, videos,
photographs, images etc.) trademarks, patents, trade secret or
other proprietary information, without first obtaining their
consent;
-
uses the Services for chain letters, junk mail or spam emails;
-
interferes or disrupts networks connected to the Services or
attempts to interfere with the proper functioning of the
Services (including imposing an unreasonable load on the
technical infrastructure used to operate the Website);
-
contains any material which may infringe or violate any third
party's rights;
-
violates any applicable local, state, national or
international law;
-
provides material support or resources (or conceal or disguise
the nature, location, source, or ownership of material support
or resources) to any organisation(s) designated by the various
governments as a foreign terrorist organisation;
-
stalks or otherwise harasses another person, profile or user;
You mustn’t:
-
upload, post, email, transmit, or otherwise disclose another
person’s private information;
-
access data not intended for such user or logging into a
server or User account which the user is not authorised to
access;
-
attempt to probe, scan or test the vulnerability of the system
or network or to breach the security or authentication
measures of the Website without proper authorization;
-
attempt to interfere with service to any user, host or
network, including, without limitation, via means of
submitting a virus to the Services, overloading, flooding,
spamming, mail bombing or crashing or otherwise attempting to
deny service to the Website or the server of any user;
-
forge headers or otherwise manipulate identifiers in order to
disguise the origin of any content transmitted through the
Services;
-
send unsolicited messages, including promotions and/or
advertising of products or services;
-
forge any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting for any reason;
-
use any information obtained from the Services in order to
contact, advertise to, solicit, or sell to any user or member
without their prior express consent.
If you breach the terms of this subsection, we reserve all rights,
claims and causes of action we may have, statutory or otherwise,
including but not limited to, the right to seek statutory
penalties for each such unsolicited communication you send through
the Services.
Further, if you breach the terms of this subsection, we reserve
all rights on our sole judgement to close your User profile
immediately without any notification and to contact and inform the
local authorities in your jurisdiction.
- SERVICE PROVIDERS OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)
By registering and creating a User profile you consent to the
wider dissemination of the information you provide in that profile
to the Profiles of the Services and third-party service providers,
some of whom may be outside the European Economic Area ('EEA'), to
allow you to use the online environment. We will keep your
personal information confidential except: (i) where you or anyone
using your User account have posted it for publication or display;
or (ii) to the extent that we are compelled to disclose it by law
or to comply with an instruction of a regulatory body of competent
jurisdiction.
For full details on how, where and for what purposes your data is
stored and transferred please review our
Privacy Policy.
- OUR RIGHTS
- OUR PROPRIETARY RIGHTS
You acknowledge and agree that the copyrights, trademarks and
other intellectual property rights including registered and
unregistered trademarks, across the Services and the content
provided as part of the Services belong to us or are used under
exclusive licence by us. No rights in respect of the Services or
the content provided as part of the Services are granted to you
other than those expressly set out in these Terms and Conditions.
- TO USE YOUR CONTENT FOR OUR OWN PURPOSES
By posting information or content including but not limited to
copyrighted content, name and likeness and photographs to your
User profile pages, you automatically grant, and you represent and
warrant that you have the right to grant to us, a non-exclusive,
royalty free, worldwide licence to use, copy, publish, display,
reformat, translate and distribute, and broadcast, such
information or content and to grant and authorise sub-licenses of
the same. You further waive any moral or potential infringements
rights you may have in any such information or content. We may
assign or sublicense the above licence to our affiliates and
successors without any further approval by you.
Full details on how we use your information is contained within
our
Privacy Policy.
- TRANSFER OF PROFILE DATA FOR RE-BRANDING AND OTHER CORPORATE
ACTIVITIES
In accordance with our
Privacy Policy,
in order to ensure a smooth transition of the service to another
company within our corporate group, or to a third party, in the
event of a re-branding within our group or in the event of a
merger, acquisition, reorganisation, sale of any or all of our
assets, as explained in our Privacy Policy your data may be
transferred as it is considered to be an asset of ours. In such
cases you will be informed about how your data is being handled,
used, transferred and/or processed via electronic messaging or by
a general posting on the service. Unless you are advised in such
communications that a service is ending, for all services that are
transferred, the assumption is that your subscription and
automatic renewal billing will continue unchanged until you cancel
it on the new website or by contacting the new website operator(s)
or owner(s).
- THIRD PARTY RIGHTS
By submitting content to our Website, you are certifying that you are
the exclusive author and owner of that content (and that our use will
not infringe or violate the rights of any third party, including
privacy rights, publicity rights, intellectual property rights,
contract rights, or any other rights) and you agree that you waive any
moral rights relating to that content (including the right to be
identified as the author). We have the right to disclose your identity
to any third party who is claiming that any content posted or uploaded
by you to our Website constitutes a violation of their intellectual
property rights or of their right to privacy or any other law.
- CANCELLING YOUR USER PROFILE AND CUSTOMER COMPLAINT HANDLING
- TERM AND TERMINATION
These Terms and Conditions will become effective from the point at
which you use the Service as a registered User or Premium Member
and will remain in full force and effect unless and until they are
terminated.
The Premium Membership subscription will be automatically
extended for successive renewal periods of the same duration as
the subscription term originally selected, at the then current
non-promotional subscription rate in accordance with the Automatic
Renewal Billing process explained in these Terms and Conditions.
User Profile if you do no longer wish to maintain a User
Profile on the Website, you will need to terminate your User
profile, to avoid User profile Maintenance Fee, as described under
Clause 5.A. A User can terminate the User Profile by contacting
our Customer Support via phone on +1 888 654-4513 or via email
on [email protected].
Please note that you must terminate your subscription at least 7
days prior to the end of the subscription period for which you
have paid to avoid being charged for the next subscription period.
To change or terminate your subscription at any time, please
contact us via either email on [email protected] or via telephone
on +1 888 654-4513. Either you, or us, may terminate your User
or Membership profile at any time and for any reason by sending
notice to the other.
We reserve the right to immediately suspend or terminate your
access to any of the Services, without notice, for any reason. We
also reserve the right to remove your User or Membership profile
information or data from our Services and any other records at any
time at our sole discretion.
If your access to any of the Services is suspended due to any
suspected (in our opinion acting reasonably) or actual breach of
these Terms and Conditions, you agree that all fees paid to us are
final and all outstanding or pending payments will immediately be
due.
Any notices from you addressed to the Website and/or in the name
of website for anything not related to membership, user management
or technical support should, unless otherwise specified in these
Terms and Conditions be send via registered mail to the company’s
address;
HELLERMAN LIMITED
31 Gayton Road, Southend-On-Sea, SS2 5DL,
UK
- YOUR RIGHTS TO CANCEL AT ANY TIME
You may cancel your registration or subscription at any time by
giving us notice of your wish to cancel by telephone or email:
Telephone: +1 888 654-4513
Email: [email protected]
When emailing us you must include your profile information (screen
name and email address) in order for us to verify that you are in
fact the User or Membership profile account holder authorised to
amend the account.
Please be aware that any notice of intention to cancel shall take
effect upon receipt by us. It is a breach of these Terms and
Conditions to provide your User or Membership profile details to
any other person or third-party company. Therefore, only
cancellations requested by you as a genuine User or Member of the
Services will be effective. A cancellation initiated by any other
party or entity, will not be considered a valid cancellation and
you will continue to be charged.
- OUR CUSTOMER COMPLAINT POLICY
If you have any queries about these Terms and Conditions, the
Services or if you wish to make a complaint then please contact us
as follows:
Telephone:+1 888 654-4513
Email: [email protected]
When emailing us you must include your profile information (screen
name and email address) in order for us to verify that you are in
fact the User or Membership profile account holder authorised to
amend the account.
- LEGAL DISCLAIMERS, WARRANTIES & INDEMNITIES
- DISCLAIMER OF WARRANTIES
This section will apply to the maximum extent permitted by
applicable law.
We do not make or grant (and hereby exclude) any warranties,
representations, conditions or terms of any kind, whether express,
implied, statutory or otherwise with respect to the Services
(including all information contained therein), including but not
limited to any implied warranties of merchantability, satisfactory
quality, fitness for a particular purpose or non-infringement.
We do not warrant that your use of the Services will be secure,
uninterrupted, always available, error-free or will meet your
requirements, or that any defects in the Services will be
corrected. We disclaim liability for, and no warranty,
representation, condition or other term is made with respect to,
the connectivity and availability of the Services. The Website and
our Services are provided on an "as is" and "as available" basis.
You are responsible for making all the necessary arrangements to
ensure you can access the Website (including Internet provider and
mobile Internet provider fees and any other charges associated
with that access). We will not be held responsible for any reduced
functionality you may encounter because of or in connection with
accessing the Website through mobile services or any similar
service currently known or developed in the future.
You assume the entire risk for satisfactory quality, performance,
accuracy, and effort. We make no warranty that the Website or any
content will meet your needs or requirements. We disclaim all
warranties—express, statutory, or implied—including warranties of
merchantability, fitness for a particular purpose, workmanlike
effort, accuracy, completeness, reliability, security, title,
exclusivity, quiet enjoyment, non-infringement, and warranties
that your access to the Website will be uninterrupted, error-free,
or that content loss will not occur. There are no warranties of
any kind that extend beyond the face of these terms or that arise
because of course of performance, course of dealing, or usage of
trade.
The Website may contain errors, omissions, inaccuracies, or
outdated information. We cannot guarantee and do not promise any
specific results from use of the Website or its services. We do
not warrant the reliability of any statement or other information
displayed or distributed through the Website. We reserve the right
to correct any errors or omissions in any portion of the Website.
Opinions, advice, statements, offers, or other information or
content made available through the Services, but not directly by
us, are those of their respective authors, and should not
necessarily be relied upon. We do not: (i) warrant or guarantee
the accuracy, completeness or usefulness of any information
provided on the Services, or (ii) adopt, endorse or accept
responsibility for the accuracy or reliability of any opinion,
advice, or statement made by any party other than us. Under no
circumstances will we be responsible for any loss or damage
resulting from anyone's reliance on information or other content
posted on the Services, provided through the Services, or
transmitted to or by any Users, Profiles or Members.
- LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event will we be
liable for any direct, indirect or consequential loss or damage
arising out of or relating, directly or indirectly, to the use or
inability to use the Services, including, without limitation, loss
of income or revenue, loss of corruption of data or programs, loss
of goodwill and loss of anticipated savings, even if we know or
have been advised of the possibility of such loss arising.
To the maximum extent permitted by applicable law, in no event
will we be liable for any claims, losses or damages whatsoever,
whether direct, indirect, general, special, compensatory,
consequential, and/or incidental, arising out of or relating to
the conduct of you or anyone else in connection with the use of
the Services, including without limitation, bodily injury,
emotional distress, and/or any other claims, losses or damages
resulting from communications facilitated by the Services.
Our total liability to you in connection with these Terms and
Conditions or the use of the Services shall be limited as to the
fees paid by you to us for use of the Services as a User or
Member.
Nothing in these Terms and Conditions will limit or exclude our
liability for: (i) death or personal injury arising from our
proven negligence; or (ii) fraud or fraudulent misrepresentations
made by us.
- INDEMNITY
You agree to indemnify us, our officers, directors, employees,
agents and third parties for any claims, causes of action, debts,
losses, costs, liabilities and expenses (including reasonable
legal fees) relating to or arising, directly or indirectly, out
of: (i) your, or anyone using your User or Membership profile
account's use of or inability to use the Services, (ii) any
content or information posted by you or anyone using your User or
Membership profile account, (iii) your or anyone using your User
or Membership profile account's violation of these Terms and
Conditions or your or anyone using your User or Membership profile
account's violation of any rights of a third party, or (iv) your
or anyone using your User or Membership profile account's
violation of any applicable laws, rules or regulations.
We reserve the right, at our own cost, to assume the exclusive
defence and control of any matter otherwise subject to
indemnification by you. You agree to provide us with full
cooperation if we choose to exercise this right.
- LINKS TO THIRD PARTY WEBSITES
Where our Website contains links to other websites and resources
provided by third parties, these links are provided for your
information only. We have no control over the contents of those
websites or resources and accept no responsibility for them or for
any loss or damage that may arise from your use of them.
- MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Website at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on
our Website. We also reserve the right to modify or discontinue all or
part of the Website without notice at any time. We will not be liable
to you or any third party for any modification, price change,
suspension, or discontinuance of the Website.
We cannot guarantee the Website will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Website, resulting in interruptions,
delays, or errors. We reserve the right to change, revise, update,
suspend, discontinue, or otherwise modify the Website at any time or
for any reason without notice to you. You agree that we have no
liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Website during any downtime or
discontinuance of the Website. Nothing in these Terms and Conditions
will be construed to obligate us to maintain and support the Website
or to supply any corrections, updates, or releases in connection
therewith.
- ENTIRE AGREEMENT, GOVERNING LAW AND DISPUTE RESOLUTION
- ENTIRE AGREEMENT
These Terms and Conditions, and the pages throughout this Website
and Services to which these terms refer, constitute a contract
that governs the relationship between us and you. They cancel and
replace any conditions that may have been agreed to in the past,
even if not directly withdrawn or amended, and constitute the
entirety of the rights and obligations in place between us.
- GOVERNING LAW
These Terms of Service and your use of the Website are governed by
and construed in accordance with the laws of the UK
applicable to agreements made and to be entirely performed within
the UK, without regard to its conflict of law
principles.
- DISPUTE RESOLUTION
- Binding Arbitration
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes
expressly excluded below) will be finally and exclusively
resolved by binding arbitration.
Any dispute, controversy or claim arising out of or in
connection with this contract, or the breach, termination or
invalidity thereof, shall be referred to and finally resolved
by arbitration. The seat of arbitration shall be in UK or in the EU country in which you live, and the
language to be used in the arbitral proceedings shall be
English. This Agreement shall be governed by the substantive
law of UK.
The European Commission provides for an online dispute
resolution platform, which you can access here:
https://ec.europa.eu/consumers/odr/. We prefer to solve your requests in direct contact with you
and therefore do not participate in alternative consumer
dispute resolution proceedings. If you would like to bring a
matter to our attention, please contact us.
In no circumstances may any Dispute made by any Party over the
Website be initiated more than six (6) months after the cause
of action arose. If this provision is found to be illegal or
unenforceable, neither Party will elect to arbitrate any
Dispute falling within the portion of this provision found to
be illegal or unenforceable, and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed
above for jurisdiction, and the Parties agree to submit to the
personal jurisdiction of that court.
- Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilise
class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any
other persons.
- Exceptions to Arbitration
The Parties agree that the following Disputes are not subject
to the above provisions concerning binding arbitration: (a)
any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a
Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or
unauthorised use; and (c) any claim for injunctive relief. If
this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
- CLASS ACTION WAIVER
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED
TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR
PERSONS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION
OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT
YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR
REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.