Terms and Conditions
- DEFINITIONS
- In these conditions the following words have the following meanings unless the context requires otherwise:
"Agreement" means the agreement between You and Us incorporating these conditions for the provision of the Service;
"Intellectual Property Rights" means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same;
"Liability" means the Liability for any and all damages, claims, proceedings, actions, awards, expenses, costs, demands and any other losses and/or liabilities whatsoever;
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Service, and the phrases "Posted" and "Posting" shall be constructed accordingly;
"Service" means the service provided by Us to You including, but not limited to, Us allowing You to browse the Web Site, contact and/or be contacted by other Members or otherwise through the Web Site and/or Post information on the Web Site;
"User" means any person who browses the Web Site;
"Web Site" means Our web site at URL www.matchclub.eu (or such other URL that We may use to provide the Service from time to time);
"You, Your, Yourself" means the person whose application for membership of the Service is accepted by Us.
- ELIGIBILITY
- By accepting these conditions You warrant and represent to Us that:
- You are over 18 years old;
- You have not been convicted of any offence relating to dishonesty, violence and/or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and/or
- You have not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act).
- If you are not able or not willing to give the warranties and representations set out in clause 2.1 above then you must not apply for membership.
- BASIS OF CONTRACT
- This is a legally binding Agreement between You and Us for the provision of the Service.
- These conditions (as amended by Us from time to time) shall govern the Agreement between You and Us to the exclusion of any other terms or conditions and You agree to fully abide by these terms and conditions (as amended by Us from time to time and Posted on the Web Site).
- These conditions (as amended by Us from time to time and Posted on the Web Site) supersede all terms and conditions and shall replace any terms and conditions previously notified to You.
- We reserve the right to vary these conditions at any time. If We vary these Conditions, the updated conditions will be posted on the Terms and Conditions page of the Web Site from time to time. We suggest you review the Term and Conditions on a regular basis.
- Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Service unless confirmed by Us in writing.
- You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these conditions and by continuing to use the Web Site you agree to be bound by the Terms and Conditions current at the time of such use.
- We reserve the right to monitor and at Our option to remove without notice to You and for any reason any information, photographs and/or other material Posted by You.
- We have the right to refuse to register applications for membership and to terminate memberships at any time without notice to You.
- The Agreement between You and Us shall come into effect on Our acceptance of Your application for membership. No application for membership shall be deemed to be accepted by Us until you have received confirmation of Your membership from Us by e-mail.
- You will not be able to contact other Members or read and reply to other Members' messages until We have received payment.
- We reserve the right to make changes to the Service from time to time for whatever reason and whether required by law or by applicable safety requirements or for economical reasons even if they have a material adverse effect on the quality of the Service.
- MEMBER'S OBLIGATIONS
- You will not:
- Post Your personal details such as Your telephone number, address and/or e-mail address or URL in Your Profile or any other information which would allow other Members and/or Users to contact You directly;
- Transmit and/or Post information, pictures and/or any other material which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or any other parties' rights in (including but not limited to Intellectual Property Rights and/or privacy rights) or which is considered by Us to be immoral or in bad taste;
- Use the Service to promote another site, service and/or business in any way including but not limited to Posting any personal e-mail addresses URL's and/or other personal telephone numbers in Your Profile;
- Solicit other Members' business, buy or sell products and/or services through the Service;
- Misuse in any way the Service or any information Posted on the Service;
- Attempt to gain unauthorised access to any information available on the Service or to any of the networks used in providing the Service;
- Post and/or reproduce in any way any information and/or material in which the Intellectual Property Rights belong to another party without first obtaining the prior consent of the owner of such rights and Us;
- Copy, in whole or in part any of the information on the Web Site (including, but not limited to any information contained in other Members' Profiles) other than for the purposes contemplated in this Agreement;
- Post any chain letters and/or junk e-mail to other Members;
- In any way assign, transfer, deal, part with and/or authorise any other person to use, Your membership;
- Transmit and/or Post and/or email to another Member any information, pictures and/or any other material, which in the opinion of the site administrator is sexually explicit, racist, abusive, threatening, sexually suggestive, libellous and/or obscene; and/or
- Transmit and/or Post and/or email to another Member any information, pictures and/or any other material, which in the reasonable opinion of the site administrator is capable of offending other Users.
- YOUR PROFILE
- You acknowledge that other Users will be able to view Your Profile.
- We may copy and/or reproduce any information Posted by You on the Web Site in any form and in any manner We wish.
- If You Post and/or disclose to other Users any confidential or sensitive information about Yourself then You do so entirely at Your own risk and without any recourse to Us.
- You will be able to view the details and profiles of other Members.
- You warrant and represent to Us that all information Posted by You:
- is accurate, true, complete and is not misleading; and
- will be regularly updated by You so that it remains accurate, true, complete and not misleading.
- We reserve the right to review Your Profile from time to time and to amend and/or delete it if We, in Our sole discretion, think that it should be amended and/or deleted for whatever reason.
- TERMINATION
- If:-
- You fail to make any payment to Us when due;
- You breach the terms of this Agreement;
- You persistently breach the terms of this agreement;
- You fail to provide Us within the time limit requested by Us with sufficient information to enable Us to determine the accuracy and/or validity of any information Posted by You; and/or
- 5 in Our reasonable opinion, any information Posted by You is damaging or potentially damaging to the interests of Our business then We shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 7.2 below.
- If any of the events set out in clause 7.1 above occurs in relation to You then:-
- We may terminate this Agreement immediately;
- We may immediately suspend and/or terminate Your access to the Service without notice; and/or
- all monies owed by You to Us shall become immediately due and payable.
- Please note that refunds are discretionary, and a $1 administration fee will always be charged.
- INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
- All Intellectual Property Rights in the Service shall be owned by Us absolutely.
- You warrant and represent to Us that the information Posted in Your Profile is Posted by You and that You are the sole author of Your Profile. You assign to Us with full title guarantee all copyright in Your Profile.
- You waive absolutely any and all moral right to be identified as author of Your Profile and any similar rights in any jurisdiction.
- You agree that You will keep confidential and not use, except for purposes contemplated by this agreement, any and/or all information relating to the Service which may be disclosed to You or which You may learn, except where such information is public knowledge or it is required to be disclosed by law.
- We will use Our reasonable commercial endeavours to keep Your personal details such as Your surname, real e-mail address and credit card number(s) (where relevant) confidential and will not disclose such information, except where such information is public knowledge or it is required to be disclosed by law.
- GUARANTEE
- The Service is provided in its current form and We do not guarantee that the Service, or any element of the Service will meet Your requirements, purpose and/or expectations.
- We do not warrant that any of the information and/or material provided in the Service is accurate.
- We do not provide any warranty in respect of the Service, results, availability, and/or uninterrupted use of the Service.
- USE OF THE SERVICE
- The Web Site is merely a forum for Members to Post information about themselves and to allow You to make contact with other Members through use of the Service if You choose to do so.
- You should be aware that information Posted by other Members on their profiles are only a description of how they describe themselves and You should not assume that the information contained in any profile is necessarily correct and accurate.
- We do not have an opportunity to check that the profiles are correct and not misleading. We do not make any representation or warranty that the information contained in any profile is accurate and We are not under any obligation to verify any information contained in any profile.
- Before acting on any information contained in any profile or on any information received by You through Your use of the Service, You should at Your own cost and expense, carry out such investigation as You think is necessary to satisfy Yourself of the truth and accuracy of such information.
- If You arrange any meetings with any person through Your use of the Service then You do so at Your own risk. You should take such precautions as You deem necessary to ensure Your own safety, reputation, loss of data, loss of programs and/or service interruptions);
- GENERAL
- All third party rights are excluded and no third parties shall have any right to enforce this Agreement.
- No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
- This Agreement contains the entire agreement between You and Us. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
- This Agreement is governed by and interpreted in accordance with EU law and the parties agree to submit to the non-exclusive jurisdiction of the EU courts.
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