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Terms and Conditions
PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE OUR SITE. These terms and conditions regulate the legal relationship between you and us. By using our Website in any way, or by becoming the Member, you agree to be bound by them. We are: Stephen Penk (hereinafter referred as “we” / “us” / “our”), trading as “When I Met You” with our business address at Office 404, 4 th Floor, Albany House, 324/326 Regent Street, London, W1B 3HH. You are: visitor to our Website / a Member. • Definitions In this agreement words have following meanings unless the context requires otherwise: “Content(s)” means the information including details of the persons as photographs, email address and message on the Website. It also includes posting of comments on the bulletin board over the Website. “Member” means any person who has completed online registration to avail the Service(s) for a price. “Service(s)” means any Service that is provided over the Website from time to time. “Website” means www.whenimetyou.com and includes the entire computing hardware and software that is or supports our Website. • Your acceptance By visiting to the Website or becoming a Member, you acknowledge and undertake that: • You are an individual and have completed eighteen years of your age and have understood and accepted, without conditions all the terms and conditions mentioned in this document; • These terms apply not only to Members but also to all visitors to the Website. If you visit the Website, you are deemed to have accepted these terms and conditions (to the extent it may be relevant). If you do not agree to any of these terms, please do not use the Website; • The Website is for the personal use of individual Members only and may not be used in connection with any commercial activities; • We reserve the right to sell the website and/or to assign or subcontract any or all of our rights and obligations under these terms. You may not without our written consent assign or dispose your rights or obligations under this terms.
• Your contact details • In the course of registration, you undertake to supply accurate and current information about yourself - including your correct name, email address, Town/City (no detailed address needed), county, a password and username, sex, age (not DOB), and other details such as race, height, eye colour and any other requested details which is not too detailed. We do not intend to pass on your details to any third party for the purpose other than set out in these terms. You undertake to provide to us the above contact information as often as they are changed. You consent that the contact information provided by you under this paragraph can be made available to anyone who visit s the Website . • The privacy policy forms part of these terms, and by agreeing to this terms, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the Website (including any which contain personal information) is, of course, accessible to internet users around the world. • Your account with us • When you register yourself as a Member you will be allowed to search and view other Members' profile. Registration is free but some Services are paid such as access to the chat room, messaging to other Members etc. We are not an internet Service provider. In order to avail of the benefit of the Services, you must have internet access, all the software (and skills) required for email and web usage. • As a Member, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your user name and password. • You agree to accept responsibility for all activities that occur through your account or password. You should tell us immediately if you believe some person has accessed your account without your authority or log in to your account and change your password. • You agree not to assign, transfer, or authorise any other person to use, your membership. If you try to do so, we have the right to terminate your membership. • You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these terms by you or through your account or a machine on which you access the Website. • We reserve the right to suspend or terminate your access to the Website due to breach of any or all of these terms on your part. • Price and payment • Under the Consumer Protection (Distance Selling) Regulations 2000, you can postpone commencement of the Service(s) until the seven working days cooling-off period have expired. However, if you choose to become a member and enter the Web site, you are electing to commence the Service immediately and you thereby waive any right to cancel the Service under these regulations • You can join and set up a profile for free, however any posting of a meeting or messaging to another Member will require you to either pay a one off fee of £1.50 per posting/message, or a time based subscription as provided over the Website which will allow you unlimited use of the Services as available over the Website; • We accept online payment via debit/credit card. The financial information, including credit card details is used to obtain payment for Services you have ordered from us. This information is never actually received by us. The page where this information is given by you is controlled by our contract merchant service provider, Paypal. Such information is automatically encrypted, and later decrypted for use. It never touches our system. • Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pound sterling will be borne by you. • You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim. • Subject to paragraph 5.1 above, all monies paid by you to us are non-refundable and cancellation and/or termination of these terms by you or us at any time for any reason will not entitle you to a refund of monies paid. • Acceptable use policy You agree to comply with the following acceptable use policy that governs your use of the Website: • You will not use or allow anyone else to use the Website to post or otherwise publish the Contents: • copyright works; • commercial audio, video or music files; • any material which violates the law of any established jurisdiction; • any graphic violence or other acts resulting in serious injury or death; • unlicensed software or software, which assists in or promotes: emulators, freaking, hacking, password cracking, IP spoofing; • links to any of the material specified in this paragraph; • pornographic material; • any material promoting discrimination or animosity to any person on grounds of gender, race or colour etc. • You grant us the right to edit, copy, publish, distribute, translate and otherwise use your Contents in any medium and for any purpose. We reserve the right to add advertisement and our logo to the uploaded Contents. • You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. • You shall be solely responsible for your Contents and all risks and responsibilities of posting or publishing them. In connection with your Contents, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorise us to use all patent, trademark, trade secret, copyright or other proprietary rights as may be applicable in and to any and all the Contents in addition to enable inclusion and use of the Contents in the manner contemplated by the Website and these terms. • We do not endorse any Content or any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection with the Contents. We do not permit copyright infringing activities and infringement of any other intellectual property rights on the Website, and we will remove any Content if it is properly notified that it infringes other's intellectual property rights. • You will not use the Services in a manner, which violates any city, local, state, national or international law or regulation, or which fails to comply with accepted Internet protocol. You will not attempt to interfere in any way with our networks or network security, or attempt to use our Services to gain unauthorised access to any other computer system. • You will immediately notify us of any security breach or unauthorised use of your account. You will not interfere in any way with another user(s) of the Services. You will not resell, rent, lease, grant a security interest in, or make commercial use of the Services without our express written consent. • Account termination policy • You understand and agree that we retain the right, at our sole discretion, to terminate any and all part of the Services without any refund under appropriate circumstances on immediate notice to you. We may terminate your access to and use of the Website if, you are determined to be a repeat infringer. The cause for such termination shall include, but not limited to: • breaches or violations of these terms in addition to other instructions or guidelines that we may issue; • requests by law enforcement or other government or regulatory authorities; • your violation of third party copyrights or other intellectual property including posting of any pornography, obscene or defamatory material, hate or inciting violence or • your manipulation of viewing results. • If we determine that you have failed to comply with any of these terms, we shall, if and when we deem it appropriate: • facilitate criminal prosecution against you by referring your illegal activity to the appropriate legal authorities, and • bring a civil action against you, when you will be liable to us for any direct, indirect, special, incidental, or consequential damages incurred by us as a result of your illegal or other prohibited activity. • System security • You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Website. • You agree that you will, in no way, modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website, and that you will not permit any other person to do so. • You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution. • Examples of violations are: • accessing data unlawfully or without consent; • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; • bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients; • sending of junk mail; • taking any action in order to obtain Services to which you are not entitled. • Policy relating to intellectual property • Title, ownership rights, and intellectual property rights in all Contents and material that is part of, contained in, or accessed through the Website and provided either by us or by any other Content provider shall remain the sole property of us and / or any other Content provider. You acknowledge and agree that certain celebrity, products, services or business names contained within the Website may represent protected trademarks and Service marks. Such Content and materials are protected by the copyrights, trademark, Service mark and patent laws and treaties of all countries. • We respect the intellectual property of others, and we expect you to do the same. We may, in appropriate circumstances and at our discretion, terminate the account or access of users who infringe the intellectual property rights of others. • Link of third party website The Website may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any content, advertising, products, services, or information located on or through any other Websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. All trademarks, Service marks, and logos used on the Website are the trademarks, Service marks, or logos of their respective owners. • Indemnity You agree to defend, indemnify and hold harmless us, our parent corporation, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising directly or indirectly from: • your failure to comply with the law of any country; • the posting by you of any Content on the Website; • your violation of any third party right, including without limitation any copyright, property, or privacy right; • the posting by any third party with or without your knowledge of any material through your account on the Website; • any use of the Website for a purpose forbidden by these terms; • your violation of any of these terms; • any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
• Limitation of Liability • You acknowledge that we are not and cannot be responsible for the behaviour of Members, - whether on the Website or outside of it. We only provide a venue where Members can upload information about themselves (which they control) over the Website and the Services may be accessed. In particular, you should be aware that we do not ensure that any information provided by the Members is genuine. • In no event shall we, our officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: • errors, mistakes, or inaccuracies of content; • any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; • any interruption or cessation of transmission to or from our site; • any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or; • any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. • You specifically acknowledge that we shall not be liable for the Content that may be defamatory, offensive, or illegal conduct of any Member or third party and that the risk of harm or damage from the foregoing rests entirely with you. • You further agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us. • Disclaimers • We give no warranty, express or implied, as to the truth of any information given on the Website. • Much of the Content provided on the Website is submitted (and thereby published) by the Members. We are under no obligation to vet, check or approve any such material. We further disclaim all responsibility for such Content. • We take no responsibility for the wrongful use of any information published on our Website by any person. • In no event shall we be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the Website or the Content available from this Website.
• Change to the terms and conditions • We reserve the right to: • change these terms or any part of them; • change the appearance and design of the Website, including removing or discontinuing any Content or feature of the Website; or • impose fees, charges or other conditions for use of the Website or parts thereof; • Although we will use our best efforts to notify you when major changes are made to these terms, this is your responsibility to review the Website frequently to see recent changes. Notice to any such change, amendment, or addition shall be sufficient if a reference to the fact that a change having been made is posted on the Website for a period of at least seven days . You shall be deemed to have consented for such changes after the expiry of seven days from such change on the Website. • Miscellaneous provisions • When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post. • Nothing in these terms or on the Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999. • If any of these terms is at any time held by applicable jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms. • No waiver by us, in exercising any right, power or provision under these terms shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. • In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. • We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees. • These terms shall be governed by and construed in accordance with the law of England and the parties agree to the exclusive jurisdiction of English courts. |
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