IF YOU PURCHASE A MEMBERSHIP, YOU HAVE A RIGHT OF WITHDRAWAL WHICH YOU CAN EXERCISE WITHIN 14 (FOURTEEN) DAYS FROM YOUR PAID SUBSCRIPTION TO THE SERVICES, WITHOUT PENALTY FOR NO REASON.
YOUR RIGHT OF WITHDRAWAL EXPIRES 14 (FOURTEEN) DAYS AFTER THE CONTRACT CONCLUSION DATE.
PLEASE READ SECTION 12 FOR MORE INFORMATION.
5.3.3 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.
5.4 The Company reserves the right to offer admission to its Services in its full discretion. 5.5 By using our Services, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside.
8.1 You may purchase a paid Membership for one or more of the products offered by the Company. 8.2 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. 8.3 The price and payment procedures are permanently accessible on the Websites. 8.4 All prices stated include all relevant local taxes. 8.5 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. 8.6 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. 8.7 If you do not pay any amount due pursuant to these Terms & Conditions: 8.7.1 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. 8.7.2 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. 8.7.3 In accordance with applicable law, you may be charged 10% of the overdue account balance as an expense for debt recovery. 8.7.4 You are entitled to prove that the account balance is not in fact outstanding, or that the account balance is lower than alleged. 8.7.5 This clause shall not affect the assertion of damages caused by the overdue account balance.
10.1 There are three ways of cancelling your Membership: 10.1.1 Cancellation of free Membership – you may cancel at any time (see Section 11); 10.1.2 Cancellation of your paid Membership within the first 14 days by exercising your Right of Withdrawal (see Section 12); 10.1.3 Cancellation of the automatic renewal of your paid Membership after the 14 day Right of Withdrawal period expires – you may cancel automatic renewal at any time and enjoy our Services until the end of the paid term (see Section 13).
I hereby give notice that I want to exercise my right of withdrawal in connection with my purchase agreement for the provision of your service.
12.5 Once we have received your withdrawal request, we will send you confirmation via e-mail. In order to ensure that the withdrawal notification is received within the correct time frame, please ensure that all documentation is sent and received within the 14 days withdrawal period directly following the initiation of your contract. 12.6 If you withdraw from this contract, we will refund payments that we have received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us). 12.7 Reimbursement of your membership fees will be affected without delay and at the latest within 14 days from the date on which the notice is received through your cancellation of this contract with us. For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise. You will not be charged fees for this repayment. 12.8 After the initial 14 days of your first subscription, your Right of Withdrawal expires. You will then only be able to cancel the automatic renewal of your contract by using your option of cancellation in Section 13.
14.1 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. 14.2 If we cancel a Member’s Membership in its 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.
15.1 The technology you use to access our Services may be required to meet minimum specifications provided by us. 15.2 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. 15.3 You acknowledge and agree that we have no obligation to: 15.3.1 make any subsequent versions of the Apps available to you; 15.3.2 make the Apps, the Websites and/or the Services available to you at all; 15.3.3 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.
17.1 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. 17.2 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. 17.3 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.
18.1 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: 18.1.1 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; 18.1.2 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 18.1.3 view, review and utilize the Apps and any related information provided to you by the Company. 18.2 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). 18.3 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. 18.4 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. 18.5 You may not: 18.5.1 remove any proprietary notices from the Services or any copy of software provided to you by the Company (“Software”); 18.5.2 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; 18.5.3 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 18.5.4 make any false, misleading or deceptive statement or representation regarding the Company and/or the Apps, the Websites or the Services. 18.6 Without limiting the foregoing, YOU AGREE THAT YOU WILL NOT: 18.6.1 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; 18.6.2 disseminate any personal information of any other User, including any contact details or similar, without that User’s consent; 18.6.3 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); 18.6.4 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); 18.6.5 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; 18.6.6 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.
18.7 Each User undertakes to report any abuses to the Company, as well as any improper comments or conduct by other Users. 18.8 We conduct regular 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. 18.9 We may contact any User to request that you remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions. 18.10 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 18 or any other terms of these Terms & Conditions. 18.11 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.
20.1 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: 20.1.1 our Services; 20.1.2 Subject to clause 20.3, information content on our Services; and 20.1.3 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.
20.2 None of the material listed in clause 20.1 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. 20.3 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 20.2, this Agreement gives you no rights to such content. 20.4 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. 20.5 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 licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Material (other than Ideas). 20.6 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.
21.1 You understand and agree that your use of the Apps, the Websites and/or the Services is at your sole risk. 21.2 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). 21.3 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. 21.4 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. 21.5 The Company does not represent or warrant that: 21.5.1 you will be able to access or use the Apps, the Websites and/or the Services at the times or locations of your choosing; 21.5.2 that operation of the Apps, the Websites and/or the Services will be uninterrupted, timely, error-free; 21.5.3 your use of the Apps, the Websites and/or the Services will meet your requirements; 21.5.4 defects in the operation of the Apps, the Websites and/or the Services will be corrected; or 21.5.5 the Apps, the Websites and/or the Services is free of viruses or other harmful components. 21.6 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. 21.7 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.
22.1 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, for: 22.1.1 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; 22.1.2 The cost of procurement of substitute goods, services or technology; or 22.1.3 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. 22.2 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). 22.3 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. 22.4 In all cases, the Related Parties will not be liable to you for any loss or damage that is not reasonably foreseeable. 22.5 Nothing in these Terms & Conditions limits or excludes the liability of the Company for: 22.5.1 any breach of a material obligation caused by its negligence; 22.5.2 any form of fraud or deceit performed by the Company; 22.5.3 any damages caused wilfully or by gross negligence; 22.5.4 any form of liability which cannot be limited or excluded by law.
23.1 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: 23.1.1 any of your data posted or otherwise provided on the Services; 23.1.2 your Material; 23.1.3 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; 23.1.4 your breach or alleged breach of this Agreement or any additional terms; 23.1.5 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; 23.1.6 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; 23.1.7 any misrepresentation made by you; and 23.1.8 the Related Parties’ use of the information that you submit to us (including your Material) (all of the foregoing, “Claims and Losses”).
24.1 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.
24.2 The governing law does not impact your rights as a consumer according to the consumer protection laws and regulations of your country of residence. 24.3 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.
25.1 You agree that, in the event any dispute or claim arises out of or relates to your use of the Apps, Websites or the Services such dispute or claim shall be resolved in accordance with the following procedure (to the extent permitted by applicable law): 25.1.1 you and the Company will attempt in good faith to negotiate a written resolution of the matter directly between the parties; 25.1.2 if the parties are unable to resolve the dispute, then they shall be free to pursue their respective remedies in accordance with applicable law or these Terms & Conditions.
25.2 You can also make complaints to the dispute resolution platform hosted by the European Commission at the following address: http://ec.europa.eu/consumers/odr. The European Commission shall transfer your claim to a competent national mediator.