These terms and conditions apply to Your use of the Service. By using the Website, the
Service,
registering with us or attending an event organised by us, You acknowledge
that You are bound by
these terms and conditions and warrant to us that You have the
authority and capacity to enter into
them and that You will at all times comply with them.
Also see our Privacy Policy.
1. Definitions
1.1 In these terms and conditions the following words have the
following meanings
unless the context requires otherwise:
"Agreement" means the agreement between You and Us incorporating these terms and
conditions for the
provision of the Service;
"Information" includes without limit all content, software, data, text,
photographs,
graphics, sound and video;
"Liability" means the liability of any nature for any
and all damages, claims, proceedings,
actions, awards, expenses, costs and any other losses and/or
liabilities;
"Member" means a paying User with access to paid for features;
"Post" means
display, exhibit, publish, distribute, transmit and/or disclose Information on
or in connection
with the Service, and the phrases "Posted" and "Posting" shall be
constructed
accordingly;
"Profile" means the section of the Service containing details, photographs and/or
other
Information about You;
"Regulations" means the Consumer Contracts (Information,
Cancellation and Additional
Charges) Regulations 2013;
‘Restaurant description’ refers to Your description of your date venue on your
Profile;
"Service" means the service provided by Us to You including, but not limited to,
Us
allowing You to browse the Website, contact and/or be contacted by other Members and
Users
through the Website and/or Post Information on the Website;
"User" means any person who creates a
Profile and uses the Website;
"We, Us, Our" means Datesoo Limited;
"Website" means Our website
at URL datesoo.com (or such other URL that We may
use to provide the Service from time to
time);
"You, Your, Yourself" who is the person using the Website or other services provided
by
us.
2. Key Conditions, All Services
2.1 We will not divulge Your personal details i.e. real name, email, address or phone
number, to
anyone without Your express permission unless required to do so by law.
2.2 We may use Your contact
details to inform You of future events, Member and/or User
profiles, or offers which we think may
be appropriate for You about Us or our partners.
All mailing and messaging preferences are selected
as positive by default. To fully
unsubscribe to communications from us, You must delete Your
profile.
2.3 You may use the messaging system to make genuine contact with other Members
and
Users. You may not use the Website in connection with any commercial venture and
messages relating
to other products and services are not allowed.
2.4 Anyone who abuses or is abusive on the
messaging system will, at our discretion,
have their user details suspended or deleted without
refund and not be allowed to attend
any event.
2.5 You warrant and represent to us that all information posted on Your profile is true and
will be
kept up to date. Anyone who has entered incorrect information e.g. age, will be
asked to correct
this information. In the event of non-compliance You may be denied
entry to an event or removed
from the Website without compensation or refund.
2.6 To use the Service at least one main approved
photo is required. If You choose to
post a photo You acknowledge that it will be shown on the
Website, and that we may
market Your Profile and photo to users of the Website by email.
2.7
We accept no Liability for any loss suffered by use of our services, other than as a
direct result
of our negligence. In all cases compensation is limited to the amounts paid
for event tickets or
membership.
2.8 We cannot guarantee the suitability of the Service for You. We take no
responsibility
for any emotional or physical distress that may come to You at any point and in
the
future from someone You meet through the Service.
2.9 This Website and its contents are
the property of Datesoo Limited. The ‘Restaurant
description’ content (i.e. not
personal details) will be used online and offline for
marketing purposes. Information and content
contained herein should not be copied or
distributed in whole or in part in any written format
without Our written permission. All
content is protected under copyright.
2.10 We offer no
Warranty that the Website will be error free, or that connectivity will be
always
available.
2.11 You specifically give us permission to view, check or moderate anything You post
to
the Website including messages and Profile content.
2.12 We may make use of location data
sent from the device you use. You may turn this
off using the settings on your device. You agree to
Our and Our affiliates 'and/or
licensees' processing of such location data to provide and improve
the Service.
2.13 We may collect and make use of technical information about your device and
related hardware and
software to improve and provide the Service. For more details
please read our privacy policy which
can be found here.
3. Events Key
Conditions
3.1 All ticket sales and entry to events is subject to Our or the management of the
venue's
discretion. Anyone dressed inappropriately, drunk, behaving inappropriately may
be excluded from
the events and/or removed from the Website. Compensation is limited
to the price paid for future
events.
3.2 No refunds are provided if You cannot attend an event, or for any other
reason
unless we are clearly at fault (see below). Transfers to other events, are entirely at
Our
discretion and subject to 24 hours notice having been given from the start time of
the
event.
3.3 If We cancel an event We will provide a refund or credit for another
event.
3.4 We reserve the right to change an event date to another date within a
reasonable
number of days from the original date. Refunds may be given should You not wish
to
attend on this alternative date, except where the change is due to external factors such
as
(and without limitation to) industrial action, bad weather, power cuts or any other
factor outside
our control etc. Once notified of a significant change by email, You will be
given 48 hours to
decide if You would like a refund. After this time, all refunds will be
discretionary.
3.5 We
reserve the right to move the event to another location of similar standard.
Refunds may be given
should You not wish to attend this alternative venue, but only
where it is not of an equivalent
standard or not within a reasonable distance of the
original venue. Once notified of a significant
change by email, You will be given 48 hours
to decide if You would like a refund. After this time,
all refunds will be discretionary.
3.6 To protect other attendees, we reserve the right to ask for identification and proof of
age
before granting entry to an event.
3.7 For an event run by a third party, any potential claims are
to be settled directly
between You and the other party. We are in no way liable for loss caused by
any third
party (save for loss caused by our negligence).
4. Online Dating and Messaging Key Conditions
4.1 The messaging system is a means for users to contact other members for personal
reasons only. We
make no guarantee that another user will read or reply to messages.
4.2 You warrant that You will
not post personal details such as Your telephone number,
address and email address in the public
areas of Your profile or any other information
which would enable other users to contact You
directly.
4.3 You acknowledge that other users will be able to view Your profile and that
the
website is in the public domain and may be visible to Search Engines.
4.4 You may express
interest in other members or users by clicking the nudge / invite
buttons in which case the other
member will be notified.
4.5 We will not make any refund where a member does not get a reply from
an invite or
a message.
4.6 Anyone abusing the service e.g. posting inappropriate content or
photos to their
profile will be asked to change the content or may be removed from the Website.
You
acknowledge that we are not obliged to give an explanation.
4.7 All memberships are valid until midnight on the period end date shown in Account
Details. Repeat
billing will occur within the next 24 hours during which You will be given
a grace period of membership to allow the billing to occur. This is valid until the payment
is
confirmed as successful or failed.
5. Eligibility
5.1 By applying to become a User or a Member You warrant and represent to Us that:
5.1.1 You are
over 18 years old;
5.1.2 You have not been convicted of any offence relating to 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
5.1.3 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).
5.2 If You are not able or not
willing to give the warranties and representations set out in
clause 5.1 above then You are not
entitled to use the service.
6. Other Detailed conditions
6.1 By registering with the Website and/or making a purchase on the Website You agree
to be bound by
these terms and conditions and any updates to the terms and conditions
that may be posted to the
Website if You continue to use the Service thereafter.
6.2 You agree to be bound by all applicable
laws and regulations which apply to Your
use of the Website and the Service.
6.3 Registration
with the Website does not constitute an agreement from us to offer any
service.
6.4 You may end your membership at any time by deleting Your profile, which can be
found in Settings
on the Website. Allow at least 48 hours notice. If You choose to delete
Your account You
acknowledge that our obligations to You under the membership
Agreement are fully satisfied. No
refunds are paid in this case whether done intentionally
or through error.
6.5 Prices for
services are those displayed on the Website at the time of payment. We
reserve the right to adjust
prices for recurring subscriptions in the event of a VAT rate
change.
6.6 If we change our
Privacy Policy You will be notified 30 days in advance.
6.7 All payment disputes must be raised
with our customer services using the Contact
form on the Website. If You raise a payment dispute or
chargeback via the payment
processor such as Your card provider or PayPal, then this will not
release You from any
of the obligations of these Terms and Conditions. In the event that You raise
a
chargeback or dispute for a legitimate charge which was paid in accordance with these
Terms
and Conditions, You agree to pay us an additional administration fee of £75 (plus
VAT at the
applicable rate) per transaction.
6.8 All conditions apply to both events organised by Us and those
organised by third
parties.
6.9 We do not verify personal information on our users or Members,
such as marital
status or any other aspects of their general background. It is Your responsibility
to verify
any details of other members and users as You see fit.
6.10 You are solely
responsible for Your interactions with other users or Members. We
are not responsible for the
conduct of users or Members either online or offline. Please
use common sense and caution when
using the Website and dealing with other users or
Members offline.
6.11 We may provide links to third party websites. We do not endorse or recommend
such websites and
You should satisfy Yourself that any goods or services on such
websites are suitable for Your
requirements.
6.12 You will not communicate any information in relation to, or advertise or attempt
to
advertise any products or services to any other registered customers of the Service
or
users of the Website unless specifically agreed in writing by Us.
6.13 You will not make
any illegal and/or unauthorised use of the Website, including
without limitation, collecting
usernames and/or email addresses or SMS numbers of
users for the purposes of sending unsolicited
mail, or unauthorised framing of or linking
to the Website.
6.14 You will not use the Website
or the Service to engage in any form of harassment or
offensive behaviour including but not limited
to the posting of communications, pictures
or recordings which contain libellous, slanderous,
abusive or defamatory statements or
racist, pornographic, obscene or offensive language.
6.15
You agree that neither We, nor any of Our associates are liable for any damages,
direct or
indirect, that may in any way arise out of the Service or the use of the Website.
This includes,
without limitation, damages arising out of meeting or communicating with
other users.
6.16 We
reserve the right to take action at our discretion, which may include barring /
eviction from
either events, the Website or the Service, to maintain a comfortable and
safe environment for our
users and members. All complaints about language and
behaviour are treated seriously and will be
investigated.
6.17 Your use of the Service is for Your sole, personal non-commercial use. You may
not
authorise others to use Your user details, and You may not assign or otherwise
transfer
Your account to any other person or entity.
6.18 Filming and photography may take place at any event for promotional purposes.
We will endeavour
to give a minimum 24 hours notice. In no circumstances will We be
liable to any losses or damages
in respect of images taken at an event, although we will
make every effort to exclude those who
wish to protect their own image.
6.19 All the content on the Website is under copyright and is
either owned by or licensed
to Us, and You will not take text or images from it without written
permission from Us or
remove, modify or alter any registered or unregistered marks or logos owned
by Us.
6.20 By publishing or displaying any content, messages, photos or profiles on any
public
area of the Website You automatically grant and You represent and warrant that You
have
the right to grant to Us an irrevocable, perpetual, non-exclusive, fully paid,
worldwide licence to
use, copy, perform, display and distribute such content, messages,
photos or profiles and to
prepare derivative works of, or incorporate into other works,
such content, messages, photos or
profiles and to grant and authorise sub-licences of
such content, messages, photos and profiles. In
respect of such dealings by Us and Our
sub-licensees You hereby unconditionally and irrevocably
waive any moral rights which
You may have in the content, messages, photos or profiles under Part
1, Chapter IV of
the Copyright Designs and Patents Act 1988 and any similar or corresponding
foreign
rights.
6.21 Disclaimer of Warranty: We and associated third parties provide Service
on an "as
is" basis and grants no warranties of any kind, expressed, implied, statutory, in
any
communication with Us or our representatives, or otherwise with respect to the Service.
We
and Our associated third parties specifically disclaim any implied warranties of
merchantability,
fitness for a particular purpose, or non-infringement. Although We make
every effort to design a
secure on-line service, using secure servers and other secure
technology with a high level of
reliability, We and Our associated third parties do not
warrant that Your use of The Service will
be secure, uninterrupted, always available, or
error-free, or will meet Your requirements, or that any defects in the Service will be
corrected. We
and Our associated third parties disclaim liability for, and no warranty is
made with respect to,
connectivity and availability.
6.22 Personal data including registration data collected from You is
subject to Our
Privacy Policy which can be found here.
6.23 Limitation of Liability: In no event
will We and Our associated third parties be liable
to You for any incidental, consequential, or
indirect damages (including, but not limited
to, damages for loss of data, loss of programs, cost
of procurement of substitute
services or service interruptions) arising out of the use of or
inability to use the Service,
even if We or Our agents or representatives know or have been advised
of the possibility
of such damages, or to any person other than You. Notwithstanding anything to
the
contrary contained herein, We and Our associated third parties liability to You for
any
cause whatsoever, and regardless of the form of the action, will at all times be limited
to
the amount paid, if any, by You to Us and Our associated third parties for the
Service
during the term of membership. We and Our associated third parties do not screen
the
users or members registering for the Service offered by Us or associated third parties
in
any way. As a result We and Our associated third parties will not be liable for
any
damages, direct, indirect, incidental and/or consequential, arising out of the use of
this
Service, including, without limitation, to damages arising out of communicating
and/or
meeting with other users of this Service, or introduced to You via this Service.
Such
damages include, without limitation, physical damages, bodily injury and or
emotional
distress and discomfort. We and Our associated third parties are not liable for
the
integrity of statements made by users as to their identity, marital status and
general
background. It is incumbent and advised upon the user to verify any and all
information
relating to but not limited to this subject. It is advised to check references of any
user.
Nothing in this Agreement shall exclude or limit Our Liability for death or personal injury
due to Our negligence or any liability which is due to Our fraud or any other liability
which is not
permitted to be excluded or limited as a matter of law. Nothing in this
Agreement shall exclude or
limit any of Your statutory rights which may not be excluded
or limited due to You acting as a
consumer.
6.24 Indemnity: You agree to indemnify Us and keep indemnified, against any and
all
losses, proceedings, lost profits, damages, awards, expenses, costs (including
increased
administration costs and legal costs on a full indemnity basis), claims, actions
and any other
losses and/or liabilities suffered by Us and arising from and/or relating to
Your use of the
Service, website and/or other material posted on the Website by You
and/or arising from or due to
any breach of contract, any tortious act and/or omission
and/or any breach of statutory duty by
You.
6.25 This Agreement is governed by and interpreted in accordance with English law and
the
parties agree to submit to the exclusive jurisdiction of the English courts. If any
clause is found
to be unenforceable that part shall be enforced to the maximum extent
permissible so as to give
effect to the intent of the parties and such unenforceability
does not invalidate any other clause
or any other part of this Agreement.
6.26 You agree that We have the right to assign this
Agreement.
6.27 These terms and conditions are the property of Meet730 Limited, a private
limited
company incorporated in England and Wales with registered Company number:
13808656 whose registered office is at 142 Franciscan Road, London, SW17 8HH.
6.28 Meet730 Limited is registered with UK Data Protection, registration
number ZB479342.