GENERAL TERMS AND CONDITIONS
(Last amended on 16th January 2017)
(1) These Conditions apply to all Visitors to the Site (as defined in Condition 2(11) below) i.e. all persons merely visiting the be2 website (the “Site” as defined in Condition 2(10) below) and all Customers (as defined in Condition 2(4) below) i.e. anyone using or applying for registration to use the Services offered by be2 (“Services” is defined in Condition 2(9) below), no matter if via the Site or via an App (“App” as defined in Condition 2 (13) below).
(2) All these Conditions except Part III apply to Visitors to the Site and should be read by anyone using or visiting the Site (as defined in Condition 2(11) below).
(3) All of these Conditions are relevant to Customers, who must read this document in its entirety.
(4) be2 is a registered trademark.
(5) These terms and conditions (the “Conditions”), set out the terms on which the Customer agrees to use the Services and the terms on which a Customer or Visitor to the Site may access the Site.
(6) The Site may only be used by, and the Services only provided to, persons aged 18 or more. By using the Site, a Visitor to the Site confirms that he or she is aged 18 or more.
(7) On accessing the Site and upon any subsequent registration with Us, the Customer and Visitor to the Site acknowledges that he or she has read and accepted these Conditions.
(8) These Conditions will apply to any person using the Site, including where such use or access occurs from outside the UK.
In these Conditions:
(1) “Us/We/Our” means be2 S.à.r.l. of 13 rue du Commerce, L-1351 Luxembourg, which is a limited liability company registered under the laws of Luxembourg and registered in the Luxembourg register of companies with number B 123206.
(2) “Confidential Information” means all information which is confidential in nature or which is specifically identified by Us as confidential, including (but without limitation) personal information relating to any person which is provided to the Customer by Us save to the extent that the person to whom such information relates has indicated to the Customer that they need no longer be treated as confidential by the Customer.
(3) “Contract Period” means the contractual period during which the Customer contracts with Us for Us to provide Premium Membership Services to him or her.
(4) “Customer” means any person who is registered or is in the process of registering for any Services on the Site or in an App. For registering via an App the App needs to be downloaded from the relevant Store (Apple iTunes App/Google Play Store) and installed first.
(5) “Customer Contract” means the contract made between Us and the Customer for the supply of Services.
(6) “Intellectual Property Rights” means all intellectual and industrial property rights throughout the world including (but without limitation) copyrights, patents, know-how, trademarks, database rights, topography rights and all designs in each case both registered and unregistered together with all rights to apply for, renew or extend any of the foregoing, and all rights to prevent passing off or unfair competition.
(7) “Material” means any and all information and content on the Site/in the Apps including (but without limitation) text, graphics, software, images and other such material.
(8) “Premium Membership Services” means those Services which are chargeable as explained in Condition 7(3) below and as further detailed in Condition 9(2) below, as well as elsewhere on this Site/in the Apps.
(12) “Web Access Contract” means the contract made between Us and the Customer or Visitor to the Site each time they access the Site.
(13) “App” means both the be2 iOS App and the be2 Android App, if not differentiated.
(14) “be2 iOS App” means the be2 App downloadable in the Apple iTunes Store.
(15) “be2 Android App” means the be2 App downloadable in the Google Play Store.
(1) These Conditions form the terms and conditions of the Web Access Contract and the Customer Contract and apply to the exclusion of any other terms and conditions, whether put forward by or on behalf of a Visitor to the Site or Customer or otherwise, or whether implied by law (insofar as the exclusion of the same is lawful).
(2) The completion of the registration process will constitute a request to receive the Services from Us, the result of which is the Customer Contract. No Customer Contract will come into existence until completion of the registration process.
(A) a free trial which will automatically convert to Premium Membership Services;
(B) a paid trial at a discounted price which will automatically convert to Premium Membership Services;
(C) Premium Membership Services;
(D) non‑chargeable Services; or
(E) any other Service which We may offer from time to time.
(1) In providing the Services and access to the Site, We comply with the laws applying to protection of data of individuals and want Visitors to the Site and Customers to be confident that personal information that they disclose to Us will be kept private and secure. However, We are not responsible for any use of personal information provided to any third party websites that a Visitor to the Site or Customer accesses via the Site or an App.
(2) The use of the Site/App and the provision of the Services, require Us to collect, process and use personally identifiable information from Customers and Visitors to the Site, including (but not limited to) name, address, date of birth, email address and telephone number. By providing such information, the Customer or Visitor to the Site consents to Us using such information in the manner described in these Conditions.
(3) A Visitor to the Site or Customer may withdraw his or her consent to the future collection, processing and use of his or her personal information at any time, or request the correction of any inaccurate data held by Us. Withdrawal of consent, or any request for changes to data held, can be made in writing to the address, fax number or email address provided on the Site/in the App and providing Customer’s email address as provided during registration, country of residence and username or number. We will return or destroy all personal information within 14 days following receipt of a notice withdrawing consent. A Customer withdrawing consent agrees that the Services will no longer be provided and that the Customer Contract will therefore terminate in accordance with Condition 14(1) when consent is withdrawn.
(4) We may use a Customer’s or Visitor to the Site’s personal information to provide the Services, process applications and payments for Premium Membership Services, provide access to privileged areas of the Site/App, personalise visits to the Site/App and enable Us to review, develop and improve the Services and provide special offers from be2 and selected cooperation partners to Customers and Visitors to the Site.
(5) We may send Visitors to the Site and Customers details of services and offers from be2 and selected cooperation partners that We think may be of interest to them. Any Visitor to the Site or Customer who does not wish to receive such information should contact Us in writing at the address, fax number or email address provided on the Site/in the App and provide Customer’s email address as provided during registration, country of residence and username or number. Alternatively, when We send an email, it may contain provisions to allow a Customer or Visitor to the Site to unsubscribe from these marketing communications.
(6) We may provide personal information about a Customer to Our employees, service providers and agents in order for Us to administer any accounts or provide the Services.
(7) Should a Customer or Visitor to the Site breach these Conditions, or if We are under a duty to disclose or share personal information in order to comply with any legal obligation, We may disclose such personal information to a relevant authority. This may include exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
(8) Any disclosure of personal information will be strictly controlled and made fully in accordance with current UK legislation, in particular the Data Protection Act 1998 (“Act”).
(9) The Act gives the Customer and Visitor to the Site a right to access personal information held by Us about them. A Customer or Visitor to the Site can obtain access to such personal information by sending a signed, written request to the address provided on the Site/in the App and providing Customer’s email address as provided during registration, country of residence and username or number. Such person should also supply a copy of identification. This information will not be charged for and will be provided in writing.
(10) We will perform analyses of the behaviour of the Visitors to Our Site or Our Customers while using Our Site/App/Services, or have such analyses performed, and will have anonymous or pseudonymized usage profiles created for this purpose. Usages profiles are evaluated on an anonymous and/or pseudonymous basis rather than a personally identifiable one. The Customer consents to Us using the anonymous or pseudonymized data for the purposes of advertising and market research, as well as those of tailoring and improving the Our Services. This may include the transfer to Our cooperation partners. The Customer is entitled to revoke his/her consent to the use of his/her data for the purposes of advertising and market research, as well as those of tailoring and improving Our Services, at any time with effect from that time on. Visitor to the Site or Customer who wishes to revoke should contact Us in writing at the address, fax number or email address provided on the Site/in the App and provide Customer’s email address as provided during registration, country of residence and username or number.
(A) Session cookies - these are saved in RAM (not on a hard drive) and are deleted when the Customer or Visitor to the Site exits the browser. For example, session cookies are, used for login authentication during the registration process
(B) Permanent cookies - these are used to save personal settings that are input by a Customer when using the Services. This ensures that when the Customer revisits the Site, his or her personal settings are still available and allows his or her membership status to be automatically determined. They also allow Us to see whether the Customer has seen specific information or advertising material or whether he or she has taken part in a survey. The use of permanent cookies allows for the personalisation and improvement of the Services.
(C) Third party cookies - these are used when a Customer or Visitor to the Site reaches the Site through the advertising space of a third party. These cookies allow payments to be processed by a third party and do not contain any of the Customer’s or Visitor to the Site’s personal information. They are either deleted upon the registration of the Customer on the Site or automatically on the expiry of the lifetime of such cookie.
(13) If a Customer or Visitor to the Site does not wish cookies to be placed on his or her PC, they can be disabled in their web browser. The option to do so is normally found in a browser's "security settings" section. Please note, permanently disabling cookies in a browser may hinder use of the Site, provision of the Services and the use of other websites and interactive services.
(15) We take security very seriously and wish to make purchasing the Services as safe as possible. A Customer’s browser will go into secure mode before any personal or payment details can be entered. The Customer can check that it is in a secure environment by looking for either a locked padlock or a key icon in the grey bar at the bottom of his or her screen. Being in 'secure mode' means that all details are encrypted to help keep them secure.
(16) Data protection cannot be fully guaranteed with regard to data transfers in open networks such as the internet. The Customer and Visitor to the Site are therefore responsible for the data transferred onto the internet by him or her in this respect.
(1) We permit a Visitor to the Site to view and download a single copy of the Material solely for his or her personal, non-commercial use and only in accordance with the other provisions of these Conditions.
(2) Except where expressly stated otherwise, all Material is owned or licensed to Us. Unauthorised use of the Material may violate Our Intellectual Property Rights in the Material. A Visitor to the Site must not remove, obscure or tamper with any copyright or proprietary notices contained in any Material he or she downloads.
(1) A Visitor to the Site undertakes that he or she will not:
(A) view and use the Site/Apps except for his or her own purposes and will not sell, publish or modify the Material or reproduce, display, distribute, store, retransmit or otherwise use the Material in any way for any public or commercial purpose;
(B) use or interfere with the Site/Apps other than in accordance with these Conditions or (without limitation) in any way so that all or part of the Site/Apps or any Material is or could be interrupted, reproduced, stored, retransmitted, published, damaged, rendered less efficient, corrupted or in any way impaired;
(C) use the Site/Apps or the Material in any manner which constitutes an infringement of any third party rights (including Intellectual Property Rights);
(D) cause annoyance, inconvenience or needless anxiety to, or breach the rights of, any other person;
(E) upload, post, publish or transmit, or use in any way, Material which is protected by an Intellectual Property Right without the prior written consent of its owner;
(F) introduce to the Site/Apps viruses, trojans, worms, logic bombs or other material which is malicious or harmful;
(G) gain unauthorised access to the Site/Apps, the server on which the Site/App is stored or any server, computer or database connected to the Site;
(H) attack the Site/Apps via a denial-of-service attack or distribute a denial-of service attack;
(I) attempt to reverse engineer, decipher, decompile or disassemble the Site/Apps or any Material or knowingly allow others to do so, except to the extent that applicable laws specifically prohibit such restriction. A Visitor to the Site may not modify any Material or create copies of any Material;
(J) onward transmit or distribute any Material electronically or via the internet;
(K) use the Services in such a way as to negatively influence the availability of Services to other Customers; and
(L) intercept or attempt to incept any email.
(2) Condition 12 below contains further obligations for Customers which do not apply to Visitors to the Site.
(2) Once the Customer has registered and the Customer Contract is in place, he or she is able to receive the Services. See Condition 9 below for detailed information on what the Services include.
(4) We offer Our Services exclusively for the use by the Customer for private purposes. Upon registration, the Customer undertakes not to use the Services for any commercial purposes or with a view to profit.
(2) Such username or automatic number will be used in all introductions made to other Customers. The email address provided by Customers will only be used by Us to contact them and will not be disclosed to other Customers.
(3) By completing the registration process, the Customer accepts these Conditions and confirms that he or she is aged 18 or above.
(5) As part of the registration process, the Customer will be entitled to receive the initial free Services which are as further detailed in Condition 9 below, as well as elsewhere on the Site/n the App.
(6) The Customer may subscribe for Premium Membership Services. Before We accept an application for Premium Membership Services, We will advise the Customer of the prices and payment methods and timing applicable from time to time.
(1) The initial free Services will commence following registration as follows:
(A) The first stage will be a personality test. This test will consist of a series of questions selected to assess the Customer’s character and personality traits.
(B) Using the Customer’s answers to the personality test, We will create an individual profile for the Customer provided to him or her in electronic form. The Customer not only receives valuable information about himself or herself, but also receives a description about their ideal partner.
(C) The Customer’s answers to the personality test, the resulting profile and any additional personal information provided by the Customer will be recorded in Our database, where they will be compared with other Customers’ information. This comparison will be made using a mathematical algorithm, which allows predictions to be made about the compatibility of two Customer profiles.
(A) the right to commence contact with any of the Customers which have been pre-selected in accordance with Conditions 9(1)(D) above (by doing so the Customer agrees to the disclosure of their anonymous profiles to other Customers); and;
(B) subject to Condition 9(3) and 9(4) below, the ability to send messages to other Customers
(5) Following acceptance by Us of the Customer’s application for Premium Membership Services (including the disclosure of full address details) and after the applicable payment has been received, the Customer may use the Premium Membership Services.
(6) The Customer acknowledges and agrees that all content uploaded by him to the be2 website/App is available for all customers for approach within their list of recommended contacts. This is applicable regardless of the matter that other customers may have registered for the services provided by Us via other websites/Apps of Us or via cooperation partners. Reciprocally the customer also enjoys the benefits of Our central database for the services provided which are available via different domains, within the list of contacts recommended to him.
(7) The service provided by be2 is available 24/7 in principle. Availability rates are 99.5% on a yearly basis. That is excluding downtime for maintenance or software updates, and excluding factors that are out of be2’s control such as unavailability of internet services where a third party is to blame, or force majeure. be2 recommends its customers to use the latest (browser) technology and to apply the right browser settings (activate Java script, cookies, and pop-ups) for the best be2 experience. When outdated or non-standard technology is used, be2 cannot guarantee proper operation of all services and features.
(1) The Contract Period will commence on the date and time the Customer subscribes for Premium Membership Services.
(2) The Contract Period will be such number of whole months as is agreed between Us and the Customer and may typically continue for either 1, 3, 6 or 12 months insofar no other period has been communicated at the purchase.
(1) We will communicate with Customers either via the Site/App or at Our option via email to the email address submitted by the Customer upon registration.
(2) Customers must only communicate with Us by using the contact details designated on the Site/in the App or using the following email address email@example.com.
(3) We will not contact Customers by telephone unless the Customer has provided its express consent to this.
(4) All communications from a Customer to Us are required to contain Customer’s email address as provided during registration, country of residence and username or number.
(1) The Customer is responsible for all of the information provided by him or her and will ensure that all such information is true and accurate. Information provided that is intentionally false or dishonest, will result in termination of the Contract in accordance with Condition 14(1) below.
(2) The Customer agrees to keep all information, in particular his or her contact and payment details as provided to Us up-to-date.
(3) We are entitled, but not required, to review the content of Customers’ profiles (including uploaded pictures) to check their compliance with these Conditions and any applicable statutory laws. Where necessary, We may reject, change or delete any content, which, in Our sole reasonable opinion, does not so comply.
(4) The Customer agrees only to provide information to Us that We have requested. This applies to all information including (but without limitation) names, telephone and fax numbers, residential, email and internet addresses.
(5) The Customer is required to keep confidential any and all Confidential Information disclosed to him or her in connection with the provision of the Services, including (but not limited to) names, residential addresses, email and internet addresses, telephone or fax numbers, emails and other messages and communications from Us or other Customers. The Customer agrees not to disclose any Confidential Information to any third party or forward any information on non-Customers in the context of the Services for any reason whatsoever.
(6) The Customer will not, in his or her use of the Services, have any commercial intentions and will ensure that he or she does not use third party information entrusted to him or her for commercial purposes. During the Contract Period, the Customer agrees not to send messages for any purpose other than personal communication, in particular not for the advertising or offering of goods or services and not for the purpose of sending any so-called “chain letters” or similar communications. If the customer uses the be2 Service in conjunction with business interests or uses the details and data entrusted to him/her for commercial purposes, he/she shall be obligated to pay a contractual penalty of 2,000.00 pounds sterling for each proven contravention, without prejudice to any claim for damages.
(7) The Customer undertakes not to misuse the Services and, in particular, not to use the Services or the Site/the Apps:
(A) to perform any illegal or objectionable activity;
(B) to distribute defaming, pornographic or other illegal material;
(C) to send messages or communications which are offensive, abusive, defamatory, obscene, menacing or illegal; or
(D) to promise or request money.
(8) Should the Customer breach any of its obligations above or in Condition 6, Conditions 14(1) and 14(3) below will apply.
(9) The Customer agrees to retrieve and respond at regular intervals to the messages sent by Us to him or her and, where necessary, archive them on his or her computer or storage device. We may delete messages 12 months after they have been sent, without prior notice.
(10) We may remove a Customer’s details from Our database, without prior notice, 6 months following such Customer’s use of the initial free Services, should We have no further contact with that Customer.
(1) for the purchase of chargeable services via the Site
Information concerning the exercise of the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us be2 S.à.r.l., Customer Service/Withdrawal, 13 rue du Commerce, L-1351 Luxembourg, Luxembourg (Fax: +442077859384, E-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form (http://www.be2.co.uk/info/model-withdrawal-form), but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from you choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for your initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of contract.
(2) for In-App purchases via the be2 iOS App Customers have to exclusively address the Apple iTunes App Store to make use of their right of withdrawal
(3) for purchases via the be2 Android App the
right of withdrawals follows the chosen payment method:
-for payments via the be2 payment system the right of withdrawal has to be made use of according to Condition 13 (1) above,
-insofar as payments via the Customer’s Google Account has been offered and chosen, Customers have to exclusively address the Google Play Store to make use of their right of withdrawal
(A) any sum owing to Us from the Customer remains unpaid after the due date for payment;
(B) the Customer uses the Services and/or the Site/the Apps in an unlawful manner; or
(C) the Customer commits any breach of these Conditions or the Contract.
(2) Where the Contract terminates pursuant to Condition 14(1) above, We will stop providing the Services and block the Customer’s access to the Site/App.
(3) Such action by Us will not affect the Customer's payment obligations regarding any Premium Membership Services already ordered and all payments due under the Contract Period will become payable immediately.
(4) Upon termination of the Customer Contract as a result of the Customer’s breach of these Conditions, the Customer will be liable to Us for an amount, up to 250 pounds sterling, which reflects a genuine pre-estimate of Our loss in such circumstances. Such liability does not affect any claim which We may also have against the Customer for damages.
(5) The Customer may terminate the initial free Services at any time by clicking on the "delete profile” link found under “settings” on the Site/in the App. The uninstalling of the App does not delete the profile. Alternatively, the Customer may provide written notice of such termination, by sending a notice containing Customer’s email address as provided during registration, country of residence and username or number.
(6) Other than as detailed in Condition 13 above, the Customer may only terminate Premium Membership Services at the end of the Contract Period.
(A) To terminate
chargeable Services purchased via the Site, he or she must serve notice to Us
at the address designated below resp. on the Site or, where applicable, serve
notice to Us using any other format permitted by Us from time to time. In any
event, the service of notice must contain Customer’s email address as provided
during registration, country of residence and username or number. Where an
online termination process is available, termination may also occur by
following the relevant link on the Site. Termination must occur at least 14
days prior to the expiry of the respective Contract Period or within any other
notice period provided at the purchase of the Premium Membership Services,
otherwise the provisions of Condition 15(1) will apply.
The termination must be sent to:
Customer Service / Termination
13 rue du Commerce
(B) Termination of chargeable Services purchased via an In-App Purchase in the be2 iOS App has to be exercised exclusively towards the Apple iTunes App Store according to the Apple iTunes App Store rules.
(C) Termination of chargeable Services purchased via the be2 Android App follows the chosen payment method:
-for payments via the be2 payment system termination follows the rules in Condition 14 (6) (A) above
-insofar as payments via the Google Account of Customer have been offered and chosen, termination has to be exercised exclusively towards the Google Play Store according to the Google Play Store rules
(7) Please note that a subscription for Premium Membership Services cannot be terminated by a Customer deleting his or her profile. Where a Customer receiving Premium Membership Services deletes his or her profile, his or her payment obligations for Premium Membership Services remain unaffected and such Customer will not receive a reimbursement of any payments made. By deleting his or her profile, the Customer solely waives his or her right to continue to benefit from the Services.
(8) We may wholly or partly suspend the Services at any time. We will inform Customers about the nature of any planned suspension as soon as possible and will endeavour to do so at least 14 days prior to such suspension. Should such suspension continue beyond 3 months, any Customer who has paid for Premium Membership Services, but who has not yet received such Services, will be entitled to receive repayment of any money paid but, in doing so, agrees that the Contract has been terminated.
(1) At the end of each Contract Period, the Contract for chargeable Services purchased via the Site will be automatically extended and continue for a period equal to the original Contract Period insofar no other period has been communicated at the purchase until the Customer terminates his or her Contract in accordance with Condition 14(6) above.
(2) Extension of contract for In-App purchases via the be2 iOS App exclusively follows the Apple iTunes App Store rules. Customer has to deactivate automatic renewal him-/herself in time.
(3) Extension of contract for purchases via the be2 Android App follows the chosen payment method:
-for payments via the be2 payment system extension of contract follows the rules in Condition 15 (1) above
-insofar as payments via the Google Account of Customer have been offered and chosen, extension of contract exclusively follows the Google Play Store rules. Customer has to deactivate automatic renewal him-/herself in time.
(1) Once the Customer’s application for Premium Membership Services has been accepted and the payment transaction has been completed successfully, the Customer’s payment card will be debited immediately.
(2) An invoice will be processed and dispatched to the Customer as receipt of his or her payment for Premium Membership Services within 30 days of his or her payment being received and cleared.
(3) We recommend that the Customer prints out all transaction data and keeps it in a safe and easily accessible place.
(4) Unless otherwise expressly stated in writing, all prices are inclusive of VAT, which will be charged at the rate prevailing at the relevant tax point.
(5) Where payment is agreed to be made in instalments, any delay or default by the Customer in making payment in respect of one instalment will render all the remaining instalments due immediately, and interest will be charged in accordance with Condition (6), with immediate effect until the date of actual payment.
(7) The Customer will be liable for all, costs incurred by Us resulting from any credit card, debit card or other payment or payment application not being duly met or made at the first attempt and will pay all costs of further applications or representations made for payment.
(8) For In-App purchases via the be2 iOS App payments are exclusively processed via the Apple iTunes App Store according to the Apple iTunes App Store rules. Payments are charged via the Customer‘s iTunes Account. For In-App purchases via the iOS App Conditions 16 (1) to (7) are not applicable. For any objections concerning the payments Apple iTunes App Store has to be exclusively addressed.
(9) For purchases via the be2 Android App payment processing follows the chosen payment method:
(A) for payments via the be2 payment system Conditions 16 (1) to (7) above are applicable
(B) insofar as payments via the Customer‘s Google Account have been offered and chosen, payments are exclusively processed via the Google Play Store according to the Google Play Store rules. Payments are charged via the Customer‘s Google Account. For purchases via the Google Account Conditions 16 (1) to (7) are not applicable. For any objections concerning the payments Google Play Store has to be exclusively addressed.
(1) We will use reasonable endeavours to verify the accuracy of the Material.
(2) We have no means of verifying information provided by Customers or any other individuals, particularly where this information is related to their background or personal matters. Therefore, We cannot give any assurance that information regarding other Customers or individuals is accurate or be liable if it is not. It follows that if the Customer is in contact with anyone We have introduced, he/she should take steps to verify what he/she has been told. Equally, whilst We endeavour to use sound procedures in conducting tests, analyses and data comparisons, We cannot guarantee their accuracy since they are dependent on the quality of the information provided to Us.
(3) Contact between any two Customers will only be initiated following the agreement of both such Customers. We will, therefore, not be liable if no commencement of contact takes place during the Contract Period. We will (but are under no obligation to do so) make efforts to facilitate contact between Customers throughout the Contract Period.
(4) Any time quoted by Us for performance of the Services is an estimate only and time will not be of the essence. We will not be liable for any failure to meet such estimate, nor for any loss resulting directly or indirectly therefrom.
(5) We will not be liable for the misuse of data, information or Material by any Customer or Visitor to the Site.
(6) We will not be liable where any Customer discloses information it has received during the provision of the Services to a third party who misuses such information.
(7) The Material may contain inaccuracies or typographical errors. We make no representation about the accuracy, reliability, completeness or timeliness of the Material, the Services or about the results to be obtained from using the Site/the Apps and Services and accessing the Material.
(8) Subject to Condition 17(16), the use of the Site/Apps is at the Customer’s and Visitor to the Site’s own risk.
(9) We do not warrant that the Site/Apps will operate error-free or that the Site/Apps and its server are free of computer viruses or other harmful goods.
(10) We will not be liable for disruption to technical equipment or the quality of the provision of Services due to any event beyond Our reasonable control (e.g. the failure of communication networks).
(11) We will not be responsible for any costs which may arise from any servicing or replacing of equipment or data, resulting from the Customer’s or Visitor to the Site’s use of the Site/Apps or the Material.
(12) The Site/Apps and the Material are provided on an “as is” basis, without any warranties of any kind.
(13) The Site/Apps may contain links to third party websites. These links are not provided as an endorsement by Us of the contents of such websites. We are not responsible for the content of linked third party sites and do not make any representations regarding the content or accuracy of materials on such websites. If the Customer or Visitor to the Site decides to access linked third party websites, he or she does so at his or her own risk.
(14) We will not be liable for third parties gaining access to personal Customer information in an unauthorised manner, for example by a so-called “hacker” accessing the database.
(15) We will make good any failure to perform the Premium Membership Services by either (at Our option) reimbursement of money paid or by re-performance of the Premium Membership Services. However, We will only be liable to do so to the extent that:
(A) the Customer suffers a loss;
(B) We materially contributed to the cause of the loss compared to any other contributing factors;
(C) any money reimbursed is calculated to reflect the loss suffered by the Customer and the extent of Our failure to perform the Services;
(D) any such failure in performance is notified in writing to Us (a notice shall be sent containing Customer’s email address as provided during registration, country of residence and username or number) within 5 days of expected performance; and
(E) such failure is not due in any way to the failure by the Customer to provide any required information or payment, or to otherwise comply with these Conditions.
(A) exclude or limit Our liability in respect of death or personal injury caused by the negligence of Us, Our servants or agents;
(B) affect the statutory rights of the Customer where the Services are supplied to the Customer acting as a consumer within the meaning of the Unfair Contract Terms Act 1977;
(C) exclude liability for fraudulent misrepresentation or any other act of dishonesty; or
(D) exclude liability for any other matter for which it would be illegal or unlawful for Us to exclude or attempt to exclude.
(17) Subject to Condition 17(16) above, We will not be liable to the Customer in contract, tort (including without limitation negligence) or breach of statutory duty for any loss or damage which the Customer or Visitor to the Site may suffer because of any act, omission, neglect or default (including negligence) in the performance of the Customer Contract or Web Access Contract by Us, Our servants or agents, in a sum which is greater than £1,000.
(18) We will not be liable to the Customer or Visitor to the Site in contract, tort (including without limitation negligence) or breach of statutory duty for any indirect loss of any kind which the Customer or Visitor to the Site may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of the Customer Contract or Web Access Contract by Us, Our servants or agents.
(19) The Customer and Visitor to the Site agree to defend, indemnify and hold Us harmless, Our partners, employees and agents, from and against any claims, liabilities, damages, costs, actions or demands (including without limitation reasonable legal and accounting fees) alleging or resulting from the Customer’s or Visitor to the Site’s use or misuse of the Site/Apps, the Services or the Customer’s or Visitor to the Site’s breach of these Conditions. We will provide notice to the Customer or Visitor to the Site as soon as it is able, of any such claim, suit or proceeding.
We may amend these Conditions at any time by updating this page of the Site/App. The Customer and Visitor to the Site should visit this page periodically to review these Conditions as they are continually binding upon the Customer and Visitor to the Site. Continued use of the Services and/or the Site/Apps constitutes acceptance of all and any revised Conditions.
(1) We are entitled to engage third party service providers in relation to any part of the Services, provided that We remain responsible for the performance of the Services.
(2) The Customer Contract is personal to the Customer. The Customer will not assign, transfer or charge its rights and responsibilities under the Customer Contract (or any of them) without Our prior written consent.
(3) Except as expressly provided in the Material, these Conditions constitute the entire agreement between Us and the Customer or Visitor to the Site with respect to the Customer Contract and Web Access Contract.
(4) The provisions of these Conditions are severable and distinct from one another and if, at any time, any of the provisions is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions will not in any way be affected or impaired.
(5) Neither We nor the Customer will have any liability for any failure to perform or for any delay in the performance (other than as to payment) of any of its obligations under the Contract caused by a factor beyond its reasonable control.
(6) Our rights and remedies in respect of the Customer Contract will not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by Us to the Customer, nor by any failure of, or delay by, Us in ascertaining or exercising any such rights or remedies. Our rights and remedies in these Conditions and the Customer Contract and Web Access Contract are cumulative and not exclusive of any rights and/or remedies provided by law.
(7) Neither these Conditions, the Web Access Contract nor the Customer Contract will constitute or be deemed to constitute a partnership between Us and the Customer or a Visitor to the Site and the Customer or Visitor to the Site will not act nor purport to act as an agent for Us.
(8) Nothing in these Conditions will entitle any third party to exercise any rights or enforce any obligations against either the Customer or Us and the provisions of the Contracts (Rights of Third Parties) Act 1999 will not apply.
(9) All notices under these Conditions, except for notices that have to be sent exclusively to the Apple iTunes App Store or Google Play Store (following the rules of the respective Store), must be served as stated in the relevant Condition. Every such notice will be deemed to have been served:
(A) by post at the expiration of 5 days after despatch of the same; and
(B) by fax and email at 10.00 am recipient’s local time on the next day following despatch.
In calculating the date on which service was effected pursuant to this Condition 19(9), Saturdays, Sundays and statutory holidays will be ignored.
(10) In proving service, it will be sufficient to show, in the case of a letter, that the same was duly addressed, prepaid and posted in the manner provided; in the case of a fax, a transmission report that it was transmitted to the correct telephone number; and in the case of an email a delivery report showing that the same was duly delivered.
(11) Nothing in these Conditions will confer on any third party any benefit or the right to enforce any provision of these Conditions.
(12) The construction, validity and performance of these Conditions and the Contract will be governed in all respects by the laws of England and Wales and the Customer agrees that any dispute arising under these Conditions or the Contract will be subject to the non-exclusive jurisdiction of the English courts.