(Last amended on 23 June 2020)
Part I - Introduction – and Defined Terms – Applies to both Visitors to the Site/Apps and Customers
(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/App and should be read by anyone using or visiting the Site/App (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) 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/Apps may access the Site/Apps.
(5) Note: we do not provide our service to customers with Luxembourg residence. If you are a Luxembourg resident you are not allowed to register for the service. The clauses 19. (12), 14. (8) of these GTC do no longer apply to a Luxembourg resident consumer/customer.
(6) The Site/Apps may only be used by, and the Services only provided to, persons aged 18 or more. By using the Site/Apps, a Visitor to the Site/Apps confirms that he or she is aged 18 or more.
(7) On accessing the Site/Apps and upon any subsequent registration with Us, the Customer and Visitor to the Site/Apps acknowledges that he or she has read and accepted these Conditions.
(8) These Conditions will apply to any person using the Site/Apps, 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.
(9) “Services” means those services described in Condition 3(3) below.
(10) “Site” means “www.be2.co.uk” being the website operated by Us.
(11) “Visitor to the Site/App” means any person accessing the Site or an App who is not a Customer.
(12) “Web Access Contract” means the contract made between Us and the Customer or Visitor to the Site/App each time they access the Site/Apps.
(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.
Part II - Access to the Site/Apps – Applies to Visitors to the Site/Apps
3. The Access and Customer Contract
(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/Apps 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.
(3) Following registration, Customers may (if available) elect a category of Service as follows:
(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.
4. Information on Data Protection, Data Processing and Cookies
Our privacy statement can be found here: https://www.be2.co.uk/info/privacy-statement
5. The Material
(1) We permit a Visitor to the Site/Apps 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/Apps must not remove, obscure or tamper with any copyright or proprietary notices contained in any Material he or she downloads.
6. Visitors to the Site’s/App's Obligations
(1) A Visitor to the Site/Apps 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/Apps is stored or any server, computer or database connected to the Site/Apps;
(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/Apps 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/Apps.
Part III - In relation to Services – Applies to Customers
7. Purpose of Customer Contract
(1) The Customer Contract takes effect once the Customer has registered on the Site/via an App and received confirmation as mentioned in Condition 8(4) below.
(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.
(3) Some of the Services are free of charge. Those of the Services which are designated Premium Membership Services are chargeable, see Condition 2(9) above).
(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.
(1) When applying to register, either the Customer will choose a username or We may issue him or her with an automatic number instead. The Customer will also choose a password.
(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.
(4) The Services will only be provided following successful registration and confirmation thereof in accordance with Condition 3(2) 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/in 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.
9. Scope of Our Services
(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.
(D) As a result of this comparison, the Customer will receive profiles of other Customers with whom they are most compatible.
(2) The Customer may subscribe to receive the following chargeable Premium Membership Services during the Contract Period:
(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
(3) All contact between Customers and the transfer of messages should take place via the Site’s/App's internal communication system. In some countries, a video chat feature is available for Premium Members.
(4) We will only facilitate contact between Customers where both Customers agree that We may do so.
(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/Apps 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’ 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.
10. The Contract Period
(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.
11. Communications between Us and Customers
(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 or if different the email address currently stored by Customer in his/her profile.
(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 protected].
(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 or if different the email address currently stored by Customer in his/her profile, country of residence and username or number.
12. Customer’s Obligations
(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. This includes the use of the video chat feature which is available in some countries as part of the Premium Membership.
(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. This includes the use of the video chat feature which is available in some countries as part of the Premium Membership.
(7) The Customer undertakes not to misuse the Services and, in particular, not to use the Services or the Site/the Apps (this includes the use of the video chat feature which is available in some countries as part of the Premium Membership):
(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.
13. Right of withdrawal
(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: +44 207 7859384, E-mail: [email protected]) 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 (/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
14. Termination and suspension of Services
(1) We may immediately terminate the Customer Contract if:
(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 violation of the law; or
(C) the Customer commits any breach of these Conditions or the Contract pursuant to Condition 6 and 12 above.
(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 "deactivate 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 or if different the email address currently stored by Customer in his/her profile, 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 or if different the email address currently stored by Customer in his/her profile, country of residence and username or number, name of the used product “be2”. 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 when an application for Premium Membership Services is accepted, otherwise the provisions of Condition 15(1) will apply. The right to terminate for good cause remains unaffected. The termination must be sent to: be2 S.à.r.l. be2 Customer Service / Termination 13 rue du Commerce L-1351 Luxembourg Luxembourg
Fax: +44 207 7859384
(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) be2 is entitled to cease providing the services offered in full or in part. be2 will inform the customer of the planned cessation and its scope ahead of time, at least 14 days before the full or partial cessation of the services. Customers who have paid for but not yet fully exhausted an entitlement to a be2 service at the time of the cessation will receive a pro-rated refund for this non-exhausted entitlement.
15. Extension of contract
(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 (Note: original or renewal period duration is maximum 12 months each) 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.
(6) The rate of interest charged on late payments will be the statutory rate from time to time in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
(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.
Part IV – Limitations on Our Liability – Applies to Visitors to the Site/App and Customers
(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. Once we have knowledge about a Customer violating the law or being in breach of these Conditions or the Contract pursuant to Condition 6 and 12 above, Condition 14 (1) applies.
(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) We will not be liable for the misuse of data, information or Material by any Customer or Visitor to the Site/App.
(5) 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.
(6) 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.
(7) Subject to Condition 17(15), the use of the Site/the Apps is at the Customer’s and Visitor to the Site’s/App's own risk.
(8) We do not warrant that the Site/the Apps will operate error-free or that the Site/Apps and its server are free of computer viruses or other harmful goods.
(9) 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).
(10) 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/App's use of the Site/App or the Material.
(11) The Site/Apps and the Material are provided on an “as is” basis, without any warranties of any kind.
(12) 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/Apps decides to access linked third party websites, he or she does so at his or her own risk.
(13) 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.
(14) We will make good any failure to perform the Premium Membership Services by either 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 (e.g. a calculation error);
(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 or if different the email address currently stored by Customer in his/her profile, country of residence and username or number) within 10 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.
(15) Nothing in these Conditions will operate so as to:
(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.
(16) Subject to Condition 17(15) above, We will not be liable to the Customer in contract, contractual tort (including without limitation negligence) or breach of statutory duty for any loss or damage which the Customer or Visitor to the Site/Apps 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.
(17) We will not be liable to the Customer or Visitor to the Site/Apps in contract, contractual 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/Apps 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.
(18) The Customer and Visitor to the Site/Apps undertake to hold be2 harmless against all proceedings, loss, demands or claims for damages that may arise during his/her registration for and use of the be2 Service. The customer shall indemnify be2 against any liability and all obligations, expenses and claims resulting from losses due to malicious gossip, insult, defamation and violations of personality rights by other customers.
Part V - General Provisions – Applies both to Visitors to the Site/Apps and Customers
18. Amendment of these Conditions
(1) The General Terms and Conditions may be amended provided that this does not affect material provisions of the contractual relationship and that this amendment is necessary in order to adjust to developments that were unforeseeable when the contract was concluded but that would significantly disrupt the balance of the contractual relationship if ignored. "Material provisions" are in particular those relating to the type and scope of the contractually agreed services and the duration, including provisions for termination. Further adjustments or additions to the General Terms and Conditions may be carried out if this necessary to resolve difficulties in the contract's execution caused by loopholes that arise after the contract is concluded. In particular, this can occur when legislation changes and one or more clauses of these General Terms and Conditions are affected. (2) The service specifications may be changed if necessary for just cause, provided that the changes do not place the customer in an objectively less favorable position (i.e. features must be maintained or improved) than did the service specifications in effect when contract was concluded and do not differ substantially from said previous specifications. Just cause exists if there are technical innovations on the market for the services owed or if third parties from whom be2 receives advance services that are necessary to render the services change their range of services.
(3) The customer must be informed of amendments to the General Terms and Conditions and service specifications pursuant to 12. (1) and (2) at least six (6) weeks before they come into effect. At the time the amendments come into effect, the customer shall have a special right of termination. If the customer does not terminate in writing within six (6) weeks after receiving the notification of the amendments, the amendments will become part of the contract at the time they come into effect. The customer will be specifically warned of this consequence in the notification of the amendment.
(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/Apps 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/Apps and the Customer or Visitor to the Site/Apps 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, without prejudice to the mandatory provisions of the EU Regulation N°593/2008.