Terms And Conditions 1. AGREEMENT 1.1 This Agreement constitutes a legally binding Agreement between You and Us for the provision and the use of the Service. 1.2 Please read the following terms and conditions carefully, as they govern the terms on which You are granted the right by Us to access and explore information contained in this web site. 1.3 These conditions (as amended by Us from time to time) shall supersede and replace any previous terms and conditions notified to You. 1.4 We reserve the right to monitor any information or photographs posted by You and, at Our option, to remove any offensive material. 1.5 We reserve the right to terminate memberships at any time or to refuse to register applications for membership. 1.6 The Agreement between You and Us shall come into effect when you have received confirmation of Your membership from Us by e-mail. 1.7 Until We have received payment from You, you will not be able to reply to other Members' messages. 1.8 We reserve the right to vary the terms and conditions of this agreement, modify the dating site or dating sites (including any content or feature or discontinuing some functionality of the dating sites) or change any fees or charges for using the dating site at any time. 1.9 If you do not agree to these terms and conditions, you may not use the service and you should exit this dating site without registering. 2. DEFINITIONS In these conditions the following words shall have the following meanings unless the context requires otherwise: "Act" the Data Protection Act 1998; "You, Yourself, Member, Your" means the person whose application for membership is accepted by Us. "Us, Our, We" means freeonlinematchmaking.co.uk, at 1 Purley Road, Purley, Surrey RH8 2HB, which provides an online introduction and dating services (the "Service") through the "dating site"; "dating site" means all pages composing Our web site at URL www.freeonlinematchmaking.co.uk (or such other URL that We may use to provide the Service; "Service" means the service provided by Us to You including, but not limited to, Us allowing You to post information on the dating sites, use the dating site facilities to search and browse Members' profiles, contact and/or be contacted by other Members through the dating site's anonymous messaging facility; "Profile" means composition of details, photographs, description and information about Yourself which You prepared and posted; "Posted" or "Post" means publish, display, disclose information or photographs on the Service; "Message, Messaging" Any message sent electronically from one Paid Member to another; "User" means any person who visits the dating sites; "Intellectual Property Rights" means all brand names, product names, patents, database rights, titles, copyright, trademarks (whether unregistered or registered), trade-names, designs (registered or unregistered), and other similar rights wherever existing and with the right to apply for protection of the same; "Liability" means the Liability for any and all loss or damage compensatory, direct, indirect or consequential damages, or damages of any kind, claims, proceedings, actions, awards, expenses, costs and any other loss of data, income or profit, loss or damage to property and claims and/or liabilities of third parties; 3. CONDITIONS OF ELIGIBILITY 3.1 By accepting these conditions You are representing to Us that: 3.1.1 You are a resident of the UK who is 18 years of age or above; 3.1.2 You have not committed any offence or been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997; 3.2 This is a representation on which We rely prior to accepting your offer to enter into a contract for the provision of the Service. If You are not able or not willing to give this representation then You must not apply for membership. 4. MEMBERSHIP TIER DEFINITIONS 4.1 The service provides for two tier club membership structure. Users of the Service may browse the dating sites as "Guests", or enrol for free and obtain Blue Club Membership if accepted , or purchase an upgrade and obtain the Executive Club Membership privileges. 4.2 Guests are allowed access to a minimal level of the Service's features and are not charged by us for the use of the features they can access. 4.3 Blue Club Members are allowed to access more features of the Service than are Guests, but are not allowed access to all of the features that Executive Club Members are allowed to access. Blue Club Members are not charged by us for the features they can access. 4.3 Executive Club Members are provided with access to additional features of the Service that are not available to Guests or Blue Club Members and they are not charged by us for the features that are free to Blue Club Members. Certain additional features of the Service made available to Executive Club Members are also free of charge. Certain other features of the Service are "paid features", for which an Executive Club Member is charged. 5. MEMBER'S CODE OF CONDUCT AND OBLIGATIONS 5.1 You will keep all information that You obtain through the Service as private and confidential and will not give such information to any other party without the permission of the member who provided it to You, and You agree to abide by all applicable laws and regulations in your use of the Service including, without limitation, the Act. 5.2 You warrant and represent to Us that all information Posted by You is accurate, true, complete and is not misleading and that You will regularly update this information so that it will remain accurate, true, complete and not misleading. 5.3 You will not impersonate any entity or person, falsely state or misrepresent an affiliation with an entity or person, or disguise the origin of any content. 5.4 You will not use the Service to transmit or Post information, pictures and/or any other material which breaches property rights, infringes the privacy rights, or any other rights of any person or any other parties' rights including but not limited to Intellectual Property Rights. 5.5 You will not post or transmit in any manner any contact information including, but not limited to, email addresses, telephone numbers, postal addresses, URLs, or full names through your publicly posted information which would allow other Members and/or Users to contact You directly. 5.6 You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services in any way including but not limited to Posting any e-mail addresses, URL's, telephone numbers in Your Profile. 5.7 You will not buy or sell products or/and services or solicit other Members' business through the Service. 5.8 You will not use the Service to engage in any form of harassment or offensive behaviour, or behaviour capable of offending other Users political and/or religious beliefs, or behaviour which is fraudulent or otherwise unlawful or violates any law, including but not limited to the posting or emailing to another Member any information, communications, pictures, videos or audio recordings which contain sexually explicit, racist, abusive, threatening, libellous, slanderous, defamatory, pornographic, obscene, offensive language or images. 5.9 You will not use the Service to distribute or up load any virus, Trojan horses, attempt to gain unauthorised access to any information available on the Service or to any of the networks used in providing the Service, or misuse in any way the Service or any information Posted on the Service, or impose an unreasonable or disproportionately large load on our infrastructure, or attempt to interfere with the proper functioning of our website, or do anything else that might cause harm to the Service in any way. 5.10 You will not use the Service to take part in surveys, contests, or post or transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of e-mail. 5.11 You will not copy, in part or in whole any of the information on the dating sites (including, but not limited to any information contained in other Members Profiles) and You accept and acknowledge that any information posted by You on the Service will be displayed in part or in whole on our website and will therefore be accessible by other Members. 5.12 You will not in any way transfer, part with and/or authorise any other person to use Your membership account number and Your password. 6. THE WEB SITE SERVICE 6.1 The dating site service acts as a bulletin board forum and allows Members to Post information about themselves in a form of their profiles. The service provides facilities for You to search this information and to make, if You so wish, contacts with other Members You selected by your searches. 6.2 The information Posted by Members on their profiles reflects how they describe themselves and therefore You should be aware of the fact that the information contained in any profile is not necessarily accurate or correct as it is purely and only a description by each member how she or he sees, or would like to see herself or himself. 6.3 As it is not possible, and We are not obliged, to check that a profile information is correct and not misleading, We make no representations or warranties about the accuracy, correctness and/or completeness of the information posted in the dating sites. 6.4 It is up to Members to investigate on the their own time and expense in order to satisfy themselves to the extent they think is necessary, and well prior to their acting on any such piece of information, about the truth, accuracy and correctness of any such piece of information obtained through the Service. 6.5 If Members, through Their use of the Service, arrange meetings with other Members or persons then They do so at Their own risk, and They need to take all necessary precautions to ensure Their safety. 7. GUARANTEE 7.1 We are providing this dating site on an 'as is' basis in its current form and We make no representations or warranties of any kind with respect to the Site or it's contents, and We do not guarantee that the Service, in any part or in whole will meet Your expectations, needs and/or requirements. 7.2 We make no representations or warranties about the accuracy, integrity, quality, completeness or suitability for any purpose of the information or related graphics posted in the dating site including but not limited to any inaccuracies or errors however arising, and we expressly exclude to the fullest extent permitted by law, all our liability however arising from any such inaccuracies, and/or errors. 7.3 We do not provide any warranty in respect of the results, availability and/or uninterrupted use of the Service. 8. LIABILITY LIMITATIONS 8.1 Neither We nor any of Our Directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Service in any way including but not limited to damages of any kind, without limitation, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss or damage to property and claims of third parties. 8.2 None of the defined exclusions and limitations set out in clause 8.1 are intended to limit any rights the User may have as a consumer or Our liability to the User for death or personal injury resulting from Our negligence or that of Our employees or agents. 8.3 In no circumstances We will be liable to the User for any direct, indirect, consequential, special or other damage however resulting from the use of this dating site or any other web-site connected to the dating sites by means of any electronic link, whether such damage is caused by transmission from Our web-site to the User's computer system, of viruses, worms, Trojan horses or other destructive items, or third parties' interception of or access to data of whatever nature. Such damage shall include (without limitation) loss of profits, interruption to business, loss of the whole or any part of the programme or programmes, or of any data however stored in User's computer system. 9. INDEMNITY 8.1 You agree to indemnify, defend and hold Us, Our officers and employees harmless from and against all liabilities, and all losses, expenses, claims, damages, proceedings, lost profits, awards, costs (including increased costs of administration, and/or legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by Us and arising from or relating to Your use of the Service, or information or any other material Posted on the Service by You , and/or omission, and/or any breach of statutory duty by You, and/or arising from Your breach of contract. 10. GENERAL This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the jurisdiction of courts of England. If any provision in this Agreement is unenforceable or invalid under applicable law, the remaining provisions will continue in full force and effect. |