In General. We may collect Personal Information, including Sensitive Data, and other information. “Personal Information” means individually identifiable information that would allow us to determine the actual identity of, and contact, a specific living person. Sensitive Data includes information, comments or content (e.g. photographs, video, profile, lifestyle) that you optionally provide that may reveal your ethnic origin, nationality, religion and/or sexual orientation. By providing Sensitive Data to us, you consent to the collection, use and disclosure of Sensitive Data as permitted by applicable privacy laws. We may also collect your geolocation information with your consent. We may collect this information through the website. By using the Service, you are authorising us to gather, parse and retain data related to the provision of the Service.
Information you provide: In order to register as a user with Lavaan, you will be asked to sign in using your Facebook login or email address. If you sign in using Facebook, you authorise us to access certain Facebook account information, we may collect and store any personal information you provide while using our Service or in some other manner. This may include identifying information, such as your name, address, email address and telephone number, and, if you transact business with us, financial information. You may also provide us photos, a personal description and information about your gender and preferences for recommendations, such as search distance, age range and gender. If you contact us with a customer service or other inquiry, you provide us with the content of that communication.
Fair collection of personal data – type of data
Use of technologies to collect information. We use various technologies to collect information from your device and about your activities on our Service.
Information collected automatically. We automatically collect information from your browser or device when you visit our Service. This information could include your IP address, device ID and type, your browser type and language, the operating system used by your device, access times, your mobile device’s geographic location while our application is actively running, and the referring website address.
Cookies and use of cookie and similar data. When you visit our Service, we may assign your device one or more cookies or other technologies that facilitate personalisation to facilitate access to our Service and to personalise your experience. Through the use of a cookie, we also may automatically collect information about your activity on our Service, such as the pages you visit, the time and date of your visits and the links you click. If we advertise, we (or third parties) may use certain data collected on our Service to show you Lavaan advertisements on other sites or applications.
Pixel tags. We embed pixel tags (also called web beacons or clear GIFs) on web pages, ads, and emails. These tiny, invisible graphics are used to access cookies and track user activities (such as how many times a page is viewed). We use pixel tags to measure the popularity of our features and services. Ad companies also use pixel tags to measure the number of ads displayed and their performance (such as how many people clicked on an ad).
Information collected by third-parties for advertising purposes. We may allow service providers, advertising companies and ad networks, and other third parties to display advertisements on our Service and elsewhere. These companies may use tracking technologies, such as cookies or web beacons, to collect information about users who view or interact with their advertisements. We do not provide any non-masked or non-obscured personal information to third parties.
In General. We may use information that we collect about you to:
In all circumstances, we may perform these functions directly or use a third party vendor to perform these functions on our behalf who will be obligated to use your personal information only to perform services for us. Also, if you access our Service from a third party social platform, such as Facebook, we may share non-personal information with that platform to the extent permitted by your agreement with it and its privacy settings.
With whom we share your information
Information Shared with Other Users. When you register as a user of Lavaan, your Lavaan profile will be viewable by other users of the Service. Other users (and in the case of any sharing features available on Lavaan, the individuals with whom a Lavaan user may choose to share you with) will be able to view information you have provided to us directly,any additional photos you upload, your first name, your age, approximate number of miles away, your personal description, and information you have in common with the person viewing your profile.
Service providers. We may share information, including personal and financial information, with third parties that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, ad tracking and analytics, member screenings, supporting our Service functionality, and supporting contests, sweepstakes, surveys and other features offered through our Service. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
Other Lavaan group businesses. We may share information we collect, including your profile and personal information such as your name and contact information, photos, interests, activities and transactions on our Service with other Lavaan group companies.
Other Situations. We may disclose your information, including personal information:
Aggregated and/or non-personal information. We may use and share non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on our Service and on websites or applications of third parties, and to analyse and report on advertising you see. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis, advertising, marketing, or other business purposes. For example, we may engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognise a unique cookie on your browser to enable you to receive customised ads or content. The cookies may reﬂect de-identified demographic or other data linked to data you voluntarily have submitted to us (such as your email address), that we may share with a data provider solely in hashed, non-human readable form. We may also share your geolocation information in de-identified form with Lavaan companies and third parties for the above purposes. To opt out of the sharing of your geolocation information, please discontinue use of the Lavaan application.
Do Not Track disclosure
Do Not Track (“DNT”) is a privacy preference that users can set in their web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information we collect and that is why we provide the opt-out links above. However, we do not recognise or respond to any DNT signals, as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.
How you can access and correct your information
If you have a Lavaan account, you have the ability to review and update your personal information within the Service by opening your account and going to settings. Applicable privacy laws may allow you the right to access and/or request the correction of errors or omissions in your personal information that is in our custody or under our control. Our Privacy Officer will assist you with the access request.
We will respond to requests within the time allowed by all applicable privacy laws and will make every effort to respond as accurately and completely as possible. Any corrections made to personal information will be promptly sent to any organisation to which it was disclosed.
In certain exceptional circumstances, we may not be able to provide access to certain personal information we hold. For security purposes, not all personal information is accessible and amendable by the Privacy Officer. If access or corrections cannot be provided, we will notify the individual making the request within 30 days, in writing, of the reasons for the refusal.
We record the exact time you request for your account to be deleted.
The moment you request deletion, your account, profile, and photos are taken offline and are not shown to other Lavaan members.
Apart from a confirmation of this request, no further emails will be sent to you from us.
Once up-to three years has elapsed, we will then permanently delete your personally identifiable information (such as photos/email address/phone number/profile). Only once this has taken place are you able to create a brand new account using your existing email address or phone number.
Data deletion reasoning
Unfortunately we may have a request for data from law enforcement with regards to conversations on a particular members account many months after they have left our service. This may be as a result of a new or ongoing investigation. It is not satisfactory for us to immediately delete all information on request by a user as this may prevent such evidence being supplied.
Block history is maintained for this period to prevent users repeatedly harassing other members after being blocked. This is in order to protect all members. Should this be immediately deleted it would allow a blocked member to rematch with a member in order to message/harass them again.
Phone number/email address/login credentials are retained during this period to prevent users creating multiple duplicate accounts and hence prevent harassment of other members.
Having multiple accounts is against our Terms Of Service. Retaining the email address and phone number during this period allows us to prevent such abuse of our services.
Your choices about collection and use of your information
You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Service because such information may be required in order for you to register as user; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions.
You can also control information collected by cookies. You can delete or decline cookies by changing your browser settings. Click “help” in the toolbar of most browsers for instructions.
How we protect your personal information
We take security measures to help safeguard your personal information from unauthorised access and disclosure. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, chats, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email.
You agree that we may communicate with you electronically regarding security, privacy, and administrative issues, such as security breaches. We may post a notice on our Service if a security breach occurs. We may also send an email to you at the email address you have provided to us.
Information you provide about yourself while using our Service
We provide areas on our Service where you can post information about yourself and others and communicate with others. Such postings are governed by our Terms of Service. Also, whenever you voluntarily disclose personal information on publicly-viewable pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. The Company cannot be held liable for data published on its platform and disclosed by a Member.
Although our Service is a general audience Service, we restrict the use of our service to individuals age 18 and above. We do not knowingly collect, maintain, or use personal information from children under the age of 18.
Onward transfer and consent to international processing
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal data, including sensitive data, by Lavaan from your region to countries which do not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area, including the United States. By providing your personal information, you consent to any transfer and processing in accordance with this Policy.
No Rights of Third Parties
How to contact us
These Terms & Conditions are between Lavaan Limited (the “Company”, “we”. “us”, or “our”) and you (“you”, “your”, or “yourself”).
We are proud to provide online personals services for single adults to meet each other.
We are responsible for the content of this website. Our details are:
The Agreement, as it may be amended from time to time, applies to all users of any of our Services.
If you become a Member, you will be able to access the Services associated with the Company product(s) for which you hold a Membership. If you meet certain requirements, the Company may in its discretion make your profile visible to Users of other Websites and Apps operated by the Company or group companies for which you do not have a Membership.
The Agreement also applies to your use of all features, widgets, plug-ins, applications, content, downloads and/or other services that:
we own and control and make available to you; or
also post a link to this Agreement.
You are reminded to abide by all applicable laws. You also undertake not to use our Services for unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, hateful, or racially or ethnically offensive purposes (or for purposes which are otherwise objectionable).
If you violate these Terms & Conditions, we may terminate your access to our Services.
In these Terms & Conditions:
“website” refers, individually and collectively, to each and all of the Mobile site, Desktop site, and tablet site.
“Member” means any person whose Membership has been accepted by the Company and whose Membership remains valid for the time being. The term ‘Member’ includes free Members and paying Members, as the context requires.
“Membership” means your entitlement to one or more Services by virtue of being a Member. Such entitlement may vary depending on whether the Membership is a paid Membership or a free Membership (and the relevant Company product for which you have a Membership).
“Services” means any and all of the services provided by the Company by any means (including, but not limited to, the Websites, the Apps, or any other technology).
“User” means any Member and/or Visitor.
“Visitor” means any person who browses the Services.
“Web Apps” means the web applications published by the Company and which may be offered from time to time.
“Website(s)” means, individually or collectively, the websites operated by the Company.
As the context may require, words in the singular may be read as the plural and the plural as the singular.
YOUR PRIVACY – COLLECTION AND RETENTION OF PERSONAL INFORMATION
We do not always encrypt your messages, and we reserve the right to monitor those messages and other content for compliance with our Terms & Conditions (for example, where the content of your messages is reported for breaching our Terms & Conditions).
ACCOUNTS AND SECURITY
To access the Services, you must have an account.
You must maintain, and are responsible for, the confidentiality of your logon and password.
If requested, you must provide us with a form of identification to verify your identity.
The Services are open to everyone – subject to approval of an application by the Company according to these Terms & Conditions.
You may not use our Services if:
You are under the age of 18.
Children are not eligible to use our Services, and we ask that anyone under the age of 18 years old not submit any personal information to us. Our Services are not directed at anyone under the age of 18 years old. We also do not collect or maintain personally identifiable information from those Users who we know are under the age of 18 years old. Should we learn or be notified that we have collected information from Users under the age of 18 years old, we will immediately delete such personally identifiable information;
You have ever been convicted of a violent or sexually related criminal offence.
We do not conduct criminal background screenings of our Users, nor are we able to personally identify each User. The Company cannot be held liable for false declarations made by a Member. It is thus important to take certain common-sense precautions when meeting with another Member. For example, consider informing a close friend or relative of any meeting and plan your first meeting in a public place.
You have previously been banned from using our Services or similar services.
The Company cannot be held liable for actions of any nature committed by any User, including any such actions in the course of any events which are organised by the Company or by others using the Services.
CONDITIONS OF ADMISSION
You must agree to these Terms & Conditions in order to use our Services. They govern your use of our Services.
use our Services;
click to join and/or sign in; and/or
check a box to indicate you agree to these Terms & Conditions, (as may be the case),
we will take this as your acceptance of these Terms & Conditions and your agreement to their content.
The Company reserves the right to offer admission to its Services in its full discretion.
By using our Services, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside.
CODE OF CONDUCT
Each User undertakes to comply strictly with all applicable laws and regulations, as well as with these Terms & Conditions.
Each User irrevocably undertakes to refrain from:
Discrimination on the basis of a User’s real or supposed: age, race, color, ethnicity, national origin, sexual orientation, religion, gender identity, family situation, pregnancy, physical appearance, surname, state of health, disability, genetic characteristics, personal beliefs, political opinions or union activities;
Using the Services for any professional or commercial purposes, whether directly or indirectly, including offering, soliciting or promoting chargeable goods or services or financial compensation. Prostitution is formally prohibited on our Services;
Engaging in any illegal activity whatsoever using our Services;
Posting any content or making any statement in any form which:
(a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(c) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
(d) is defamatory, obscene, pornographic, vulgar or offensive;
(e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(f) is violent or threatening or promotes violence or actions that are threatening to any other person;
(g) promotes illegal or harmful activities or substances;
(h) contains a link to any of content associated with the above prohibitions; and
(i) is otherwise contrary to applicable laws and regulations; and
Disseminating any personal information of any other User, including any contact details or similar, without that User’s consent.
Each User undertakes to report any abuses to the Company, as well as any improper comments or conduct by other Users.
We conduct regular inspections of the use of our Services, including for safety and fraud protection purposes. We reserve the right to remove all or part of any content created, used or circulated publicly or privately by Users which is not compliant with applicable laws or regulations, or which violates these Terms & Conditions.
We may contact any User to request that the User remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions.
We may exclude or remove any User from its Services in our sole discretion for any reason, including, but not limited to, any non-compliance with applicable laws or regulations or these Terms & Conditions. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases.
CONDITIONS OF ACCESS
You shall select a username when signing up to our Services.
When you sign up, you will become a Member of the particular brand of the Services for which you have registered. Although the Company in its discretion may make your profile visible to the Users of one or more of its other Services if you meet requirements, you will not be a Member without specific registration.
Your username and the password shall be personal and confidential. Each Member shall keep them confidential and undertakes not to notify or disclose them to third parties or other Members to prevent fraud or phishing.
All Users undertake not to use another Member’s username or password, or any other personal information of another User.
Any breach of these provisions may lead to the cancellation of a Member’s Membership, without prejudice to the liability incurred by the relevant Member due to the use of the username and/or password by another Member or third party.
Each Member shall take care not to disclose strictly personal information.
We will take any necessary measures to halt fraudulent behaviour, including to prevent the prohibited sharing of usernames or passwords.
We reserve the option of removing:
information published or present on the Websites for more than 36 months;
the account of a Member which has not been used for more than 36 months after the end of a subscription or has never been used after admission to Membership, after verification that no subscription is in progress;
accounts that we consider to be a duplicate to another on our network.
Each User undertakes not to carry out any action likely to hinder the operation of the Services and undertakes not to disseminate or arrange for the dissemination of viruses, spam, logic bombs, software applications, etc.
You may purchase a paid Membership for one or more of the products offered by the Company.
Your paid Membership will only give you access to the particular Company product for which you have registered. Although the Company in its discretion may make your profile visible to the Users of one or more of its other Services if you meet requirements, you will not be a Member of those other Services without registering for it specifically.
The price and payment procedures are permanently accessible on the Mobile apps.
All prices stated include all relevant local taxes.
We reserve the right to change the cost of any of our Services. If you are not happy with the cost of any Services, you may cancel your Membership in accordance with these Terms & Conditions.
To the extent permitted by applicable laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service failures). There will be no refund of any payment made by you for a paid Membership if you haven’t cancelled your contract according to these Terms & Conditions.
If you do not pay any amount due pursuant to these Terms & Conditions:
We reserve the right to suspend your access until such time as the outstanding payment is received or to terminate the contract without prior notice. The contract period shall remain unaffected by the temporary closure.
We may, in accordance with applicable law, forward any debt in arrears for a reasonable period to an external collection agency for recovery. Debt recovery fees will be charged by the external collection agency on the overdue account balance.
In accordance with applicable law, you may be charged 10% of the overdue account balance as an expense for debt recovery.
You are entitled to prove that the account balance is not in fact outstanding, or that the account balance is lower than alleged.
This clause shall not affect the assertion of damages caused by the overdue account balance.
We may, from time to time, offer paid features (such as subscriptions, micropayments, etc.) through other service providers, such as the Apple app store or the Android market (each, an “App Store”).
Such paid features may be subject to other payment conditions and other conditions than those in these Terms & Conditions. The relevant App Store may require you to agree with its own terms & conditions. Any such applicable terms will be brought to your attention prior to purchase. You agree to comply with, and your license to use our Services is conditional upon your compliance with, all relevant terms and conditions of the applicable App Store
We automatically renew all paid Memberships before the expiry of the term of the paid Membership (where permitted by applicable law) as per the Google Play Store and Apple App Store policies. When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires it will automatically renew for the duration and at the cost indicated to you at your initial purchase. IF YOU DO NOT WANT YOUR PAID MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST CANCEL YOUR PAID MEMBERSHIP IN ACCORDANCE WITH THE PROCESS SET OUT BELOW IN THESE TERMS & CONDITIONS.
CANCELLATION AND WITHDRAWAL
Cancellation must take place according to the relevant Cancellation methods employed by the Google Play and Apple App Stores.
CANCELLATION OF YOUR MEMBERSHIP BY THE COMPANY
If we cancel a Member’s Membership for that Member’s breach of these Terms & Conditions, the Member shall not be entitled to a refund for the period remaining to elapse until the expiry of the account, without prejudice to any damages sought by us as compensation for the loss suffered.
If we cancel a Member’s Membership in our sole discretion for reasons other than that Member’s breach of these Terms & Conditions, the Member shall be entitled to a refund for the period remaining to elapse until the expiry of the account.
The technology you use to access our Services may be required to meet minimum specifications provided by us.
We may require that you download and install updates to the Apps from time to time. You acknowledge and agree that we may update the Apps with or without notifying you and add or remove features or functions to the Apps (and/or the Apps, the Websites and/or the Services) at any time in our sole discretion.
You acknowledge and agree that we have no obligation to:
make any subsequent versions of the Apps available to you;
make the Apps, the Websites and/or the Services available to you at all;
continue to support the Apps, the Websites and/or the Services in any way. You acknowledge that your access to the Apps, the Websites and/or the Services may not be continuous, features may change during your use, and we may terminate your access or stop offering any or all of the Apps, the Websites and/or the Services at any time.
TERMS & CONDITIONS – UPDATES AND AMENDMENTS
The Company may update and amend these Terms & Conditions at any time and the Company will make the updated Terms & Conditions available through the Services. You understand and agree that you will be deemed to have accepted the updated Terms & Conditions if you use the Services after the updated Terms & Conditions are made available to you. If at any point you do not agree to any part of the Terms & Conditions in operation, you should immediately stop using the Services.
PROVISION OF THE SERVICE
You acknowledge and agree that the Company may make changes to, or stop providing, the Apps, the Websites and/or the Services, or restrict your use of the Apps, the Websites and/or the Services, at any time without notifying you in advance.
You are solely responsible for all data, SMS, mobile carrier, Internet and telecommunications fees and charges incurred in connection with your use of the Apps, the Websites and/or the Services.
You acknowledge and agree that the Company can disable or deny you access to the Apps, the Websites and/or the Services, without notifying you in advance, for any reason or no reason including, without limitation, for any violation of these Terms & Conditions and/or if the Company suspects that you have used any aspect of the Services to conduct any fraudulent or illegal activity. If the Company disables your access to your account, you may be prevented from accessing the Services, your account details or any materials contained in your account.
LICENSE, RESTRICTIONS AND CONDITIONS OF USE
Subject to the terms and conditions of this Agreement and for the sole purpose of using the Services, the Company hereby grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to:
install any or all of the Mobile Apps on one or more mobile devices which are owned by you, are under your control and which meet the Company’s minimum specifications;
install any or all of the Desktop Apps on one or more computers which are owned by you, are under your control and which meet the Company’s minimum specifications; and
view, review and utilize the Apps and any related information provided to you by the Company.
You agree not to access, or attempt to access, the Services by any means other than through the Websites or the Apps. You specifically agree not to access, or attempt to access, the Services through any automated means (including, without limitation, through the use of scripts, bots, unauthorized third party apps, spiders or web crawlers).
You agree that you will not, in connection with your use of the Apps, the Websites and/or the Services, violate any applicable law, ordinance, rule, regulation or treaty.
You shall not connect to or use the Apps, the Websites and/or the Services in any way that is not expressly permitted by these Terms & Conditions.
You may not:
remove any proprietary notices from the Services or any copy of software provided to you by the Company (“Software”);
cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Apps, the Services or any Software;
sell, assign, rent, lease, act as a service bureau, or grant rights in the Apps, the Services or any Software, including, without limitation, through sublicense, to any other person or entity without the prior written consent of the Company; or
make any false, misleading or deceptive statement or representation regarding the Company and/or the Apps, the Websites or the Services.
Without limiting the foregoing, YOU AGREE THAT YOU WILL NOT:
engage in any activity that:
(a) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(b) is defamatory, obscene, pornographic, vulgar or offensive;
(c) is violent or threatening or promotes violence or actions that are threatening to any other person;
(d) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(e) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(f) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
(g) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or
(h) is otherwise contrary to applicable laws and regulations;
disseminate any personal information of any other User, including any contact details or similar, without that User’s consent;
institute, assist, or become involved in any type of attack, including, without limitation, denial of service attacks, upon the Apps, the Websites and/or the Services (or any servers, systems or networks connected to the Apps, the Websites and/or the Services);
attempt to obstruct, disrupt or interfere with the operation of the Apps, the Websites and/or the Services or any other person’s or entity’s use of the Apps, the Websites and/or the Services (or any servers, systems or networks connected to the Apps, the Websites and/or the Services);
attempt to gain unauthorized access to the Apps, the Websites, the Services, accounts registered to other Users, or any servers, systems or networks connected to the Apps, the Websites and/or the Services;
use the Apps, the Websites and/or the Services to
(a) develop, generate, transmit or store information that is unlawful or illegal, defamatory, harmful, abusive, hateful, racially or ethnically offensive that encourages conduct that would be considered a criminal offence; or
(b) perform any unsolicited commercial communication not permitted by applicable law.
Each User undertakes to report any abuses to the Company, as well as any improper comments or conduct by other Users.
We conduct regular reviews of the use of our Services from time to time, including for safety and fraud protection purposes. We reserve the right to remove all or part of any content created, used or circulated publically or privately by Users which is not compliant with applicable laws or regulations, or which violates these Terms & Conditions.
We may contact any User to request that you remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions.
The Company may at its option, terminate its relationship with you, or may disable your account immediately if it determines you are using the Services contrary to the restrictions found in this Section 15 or any other terms of these Terms & Conditions.
We may exclude any User from, or terminate any User’s access to, our Services in our sole discretion for any reason, including, but not limited to, any non-compliance with applicable laws or regulations or these Terms & Conditions. You acknowledge and agree that you are solely responsible, and the Company has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms & Conditions or for the consequences of any such breach.
LINKS TO OTHER WEBSITES
Our Services may contain links to other websites and to resources provided by third parties (“Other Sites”). The Other Sites are linked to provide information only and are solely for your convenience.
The Company has no control over, does not accept and assumes no responsibility for the content or products or services of Other Sites and does not accept any responsibility for any loss or damage that may arise from your use of them.
Our Services may also feature advertising by third parties. By allowing third parties to advertise on our Services, the Company does not make any representations or warranties in respect of or endorse the products or services advertised.
All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements) (whether registered or unregistered) in:
Subject to clause 17.3, information content on our Services; and
All the design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) of our Services,
are owned by or licensed to the Company. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
None of the material listed in clause 17.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of the Company. You may, however, retrieve and display the content of our Services on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on our Services without the express prior written permission of the Company.
Title, ownership rights and intellectual property rights in and to content accessed using our Services is the property of the applicable content owner or supplier and may be protected by applicable copyright, trademark or other law. Subject to the limited rights described in clause 17.2, this Agreement gives you no rights to such content.
The authors of the literary and artistic works in the pages in our Services have asserted their moral rights to be identified as the author of those works.
Any material you transmit, post or submit to the Company either through our Services or otherwise (Material) shall be considered (and the Company may treat it as) non-confidential (subject to the Company’s obligations under privacy legislation). You grant the Company a royalty-free, perpetual, irrevocable, non-exclusive sublicensable licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Material which are set out below.
All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist which are disclosed or offered to the Company by you or offered in response to solicitations by the Company regarding our Services (Ideas) shall be deemed to be and shall remain the property the Company and you hereby assign all existing present and future intellectual property rights in Ideas, to the Company. You must do all things reasonably requested by the Company to assure further the assignment of such rights. You understand and acknowledge that the Company has both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that the Company is only willing to consider Ideas on these terms. In any event, Ideas are not submitted in confidence and the Company assumes no obligation, express or implied by considering it. Without limitation, the Company will exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
DISCLAIMER OF WARRANTIES
You understand and agree that your use of the Apps, the Websites and/or the Services is at your sole risk.
The Apps, the Websites and the Services are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law).
To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade.
The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Apps, the Websites and/or the Services.
The Company does not represent or warrant that:
you will be able to access or use the Apps, the Websites and/or the Services at the times or locations of your choosing;
that operation of the Apps, the Websites and/or the Services will be uninterrupted, timely, error-free;
your use of the Apps, the Websites and/or the Services will meet your requirements;
defects in the operation of the Apps, the Websites and/or the Services will be corrected; or
the Apps, the Websites and/or the Services is free of viruses or other harmful components.
You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Apps, the Websites and/or the Services is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the Company expressly disclaims all warranties and conditions to the maximum extent permitted by applicable law.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, the Company, its subsidiaries or holding company, any subsidiary of any such holding company, affiliates, successors, assigns, and their respective employees, agents, directors, officers and shareholders, whether individually or collectively (the “Related Parties”) shall not be liable to you, under any contract, tort (including negligence), strict liability or other legal or equitable theory, amongst other things:
Any direct, indirect, incidental, consequential, special or exemplary damages, including loss of profits, use, data or goodwill, arising out of or in any way connected with access to or use of the Apps, the Websites and/or the Services, or affiliated services, even if the Company and/or the Related Parties have been advised or should have been aware of the possibility of any such losses or damages;
The cost of procurement of substitute goods, services or technology; or
The deletion of, corruption of, or failure to store any materials, information or data maintained by or through your use of the Apps, the Websites and/or the Services.
Without limiting the foregoing, in no case shall the total liability of the Company and/or any or all of the Related Parties exceed one hundred pounds (£100).
Some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such jurisdictions, the liability of the Related Parties shall be limited to the fullest extent permitted by law.
In all cases, the Related Parties will not be liable to you for any loss or damage that is not reasonably foreseeable.
Nothing in these Terms & Conditions limits or excludes the liability of the Company for:
any death or personal injury caused by its negligence;
any form of fraud or deceit performed by the Company;
any damages caused wilfully;
any form of liability which cannot be limited or excluded by law.
You agree to, and you hereby, defend, indemnify, and hold the Related Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Related Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter:
any of your data posted or otherwise provided on the Services;
your use of the Services and your activities in connection with the Services, including your communications and meetings with Members you meet through the Services;
your breach or alleged breach of this Agreement or any additional terms;
your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services;
information or material transmitted through your computer or other devices, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity;
any misrepresentation made by you; and
the Related Parties’ use of the information that you submit to us (including your Material) (all of the foregoing, “Claims and Losses”).
You will cooperate as fully required by Related Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Related Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Related Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Related Party.
GOVERNING LAW; JURISDICTION
The laws applicable to the interpretation of these Terms & Conditions shall be the laws of England and Wales, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding principles of conflict of laws.
Save as set out below, you irrevocably submit to the exclusion jurisdiction of the English courts.
The governing law does not impact your rights as a consumer according to the consumer protection laws and regulations of your country of residence.
You acknowledge and agree that the Company would be irreparably damaged if the terms of these Terms & Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms & Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.
The Agreement is not intended to create a partnership, joint venture or relationship of principal and agent between the parties.
No waiver by the Company of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
The Company may assign its rights under these Terms & Conditions to any person or entity without your consent. The rights granted to you under these Terms & Conditions may not be assigned without the Company’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
Clauses 17 to 24 inclusive will survive termination or expiration of this Agreement.
For the purposes of this clause 24.6, “Force Majeure Event” means any act or event beyond the reasonable control of the Company, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
The Company will not be liable for any failure to perform or any delay in performance of, any of its obligations under these Terms & Conditions caused by a Force Majeure Event.
In the event of a Force Majeure Event that results in Services being unable to be provided for 14 days or more, either party may terminate this Agreement with immediate effect upon written notice to the other and neither party will have the right to claim compensation from the other.