Upon our request you agree to sign a non-electronic version of this Agreement.
1. THE PARTIES TO THIS AGREEMENT
This domain is owned by Tradax IP Licensing Limited.
2. THE SERVICES
We provide on line entertainment and social services through our websites and mobile applications enabling you to contact and engage in interaction with other users of our various sites and apps, including those of our Group Companies and Partner Sites (collectively our websites and apps are referred to here as the “Services”).
3. HOW YOU CAN ACCESS OUR SERVICES
You can access the Services in the following ways, and by website visits or mobile applications:
4. ABOUT SUBSCRIPTIONS AND BILLING
A. GUEST/BASIC MEMBER FEES / CHARGES / "JOIN FOR FREE"
There is no fee payable to access the Services as a Guest or as a Basic Member.
B. PAID MEMBER FEES / CHARGES
If you would like full access to all features and areas within the Services, you should purchase one of our Subscription Packages which can differ across our various websites. As a Paid Member you expressly agree to us providing the Services to you immediately upon payment by you.
C. AUTOMATIC RENEWAL BILLING
We operate an automatic renewal billing policy. This means that once your initial membership period has expired, for your convenience, your membership will automatically be renewed at the same rate that you signed up for using the original payment method. For example if you pay by credit card, we will continue to debit this same credit card as each subscription period expires. We will only debit these repeat payments when your current payment period expires and not before.
D. PRICE CHANGES
We reserve the right to alter our packages at any time and any change in your subscription price will be notified to you by email to the address you have provided when you signed up to the Services, at least 7 days prior to the new subscription price being implemented. You will then have the option to cancel your membership if you do not agree to this price change.
E. DISPUTES ABOUT BILLING
In the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us either by email or telephone, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you.
Please note if you have made payment for our application through Apple’s iTunes service, in accordance with Apple’s developer policies, we shall not issue any refunds if you have purchased our app in this way.
F. PROMOTED MESSAGES
We may from time to time offer users the ability to “Promote My Account” through Account Settings. Activating this feature will mean that we will automatically broadcast custom messages created by any user, or selected from a default list of template messages, to other users. We reserve the right to select members to use the Promote My Account feature. Sending of messages through this feature will be free, however, recipients who view and choose to reply to a Promote My Account message, will require to have an upgraded Paid Membership in order to reply to the sender. All messages sent through the Promote My Account feature will be marked in recipients inbox with a specific icon. We reserve the right to modify any fees payable to senders or recipients at any time.
G. WINGMAN BARNEY FEATURE
Wingman Barney is an automated feature that may be available on some of our sites that you can use and it will automatically assist you in communicating with other users. Barney will encourage you to complete profile fields and answer automatic questions to help your matching. barney will send a message to a user if you choose to use Barney's help. The first three messages sent by you through the Wingman Barney feature are free to read, if you receive a response, however the fourth response onwards will be subject to fees which maybe amended from time to time.
H. AUSTRALIAN PREMIUM SMS CUSTOMERS
For Premium SMSBilling Users (Australiaonly)
Customer Helpline 1800823314 (Data fees may apply)
5. YOUR USE OF OUR SERVICES
A. PERSONAL USE
Your account is for your personal use only. You may not authorise others to use your account or attempt to use another member’s account without first obtaining their consent. You must not assign or otherwise transfer your account to any other person or entity.
You are solely responsible for you own actions and those of anyone using your account, and assume all liability regarding, (i) the information and content you or anyone using your account, posts on your behalf; (ii) the information and content you or anyone using your account post, transmit, publish, or otherwise make available through the Services; and (iii) your or anyone using your account’s interactions with other members through the Services.
B. YOUR USE OF OUR SERVICES: INFORMATION YOU SUBMIT
If you register with us to use our Services, you warrant that you will:
Please note that we do NOT conduct any form of background screening, criminal or otherwise on any user or member of our Services in any territory.
C. RESTRICTIONS ON YOUR USE
You agree that you will not post any content on through the Services, transmit any content to others, communicate any content, provide links to any content, or otherwise engage in any activity through the Services that, in our sole judgment:
If you breach the terms of this subsection regarding the sending or posting of unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, we reserve all rights, claims and causes of action we may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties for each such unsolicited communication you send through the Services.
D. OUR RIGHT TO REMOVE CONTENT
E. SECURITY OF YOUR LOGIN DETAILS
You agree that you are responsible for keeping your screen name and password for your account secret. You acknowledge that we are not responsible for third party access to your account that results from sharing your login or other account details or personal information by you or the theft or misappropriation of your screen name and password. We reserve the right to suspend your access to the Services or terminate your account if we suspect an unauthorised person is attempting to access it.
F. REPORTING A BREACH OF THESE USER TERMS
G1. RISKS OF USING OUR SERVICES
You assume all risk when using the Services, including but not limited to, all of the risks associated with any online or offline interactions with others, including dating. You understand that we are unable to guarantee the accuracy or completeness of information provided to you by or about other members, and that we are unable to confirm that any member is who he or she claims to be.
G2. BACKGROUND AND CRIMINAL CHECKS OF USERS
You are solely responsible for your interactions with other members of the Website. You understand that we do not in any way: (1) monitor the activity of our members either offline or online; (2) screen or interview our members; (3) inquire into the background of our members (including conducting criminal background checks); or (4) attempt to verify the accuracy or statements made by members. We make no representations or warranties about the conduct of members or those acting on their behalf. You will take reasonable precautions in all communications, meetings, or interactions with other members of the Website, particularly if you decide to meet offline or in person. You should not divulge personal or financial information to strangers. To learn more about online dating safety, click here or click here.
H. INFORMATION ABOUT YOU AND YOUR USE OF THE SERVICES
I. MEMBERS OUTSIDE THE EEA
By registering and creating a member profile you consent to the wider dissemination of the information you provide in that profile to the other users of the Services, our Group Companies and third party service providers, some of whom may be outside the European Economic Area (‘EEA’), to allow you to date in an online environment. We will keep your personal information confidential except: (i) where you or anyone using your account have posted it for publication or display; or (ii) to the extent that we are compelled to disclose it by law or to comply with an instruction of a regulatory body of competent jurisdiction.
J. SAFE MODE AND VERIFIED MEMBERS
In order to provide our members with a safer user experience, we offer both the "Safe Mode" feature as well as the ability for any member to become a "Verified Member".
6. OUR RIGHTS
A. OUR PROPRIETARY RIGHTS
B. TO USE YOUR CONTENT FOR OUR OWN PURPOSES
By posting information or content including but not limited to copyrighted content, name and likeness and photographs to your profile pages or any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant to us, our Partner Sites and Group Companies, a non-exclusive, royalty free, worldwide licence to use, copy, publish, display, reformat, translate and distribute, and broadcast, such information or content and to grant and authorise sub-licences of the same. You further waive any moral or potential infringements rights you may have in any such information or content.
Specifically please note that we may use any of your content, including your photographs, for the purposes of advertising or publicity. If you do not wish us to do this, please contact us.
7. THIRD PARTY RIGHTS
We have in place procedures for handling claims that content displayed on any of our Group Companies sites infringes a third party’s copyright. Pursuant to the Digital Millennium Copyright Act of 1998, as amended (“DMCA”), notifications of claimed copyright infringement under United States copyright law should be sent to our Designated Agent specified in the Notice and Procedure for Making Claims of Copyright Infringement. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
8. CANCELLING YOUR MEMBERSHIP AND CUSTOMER COMPLAINT HANDLING
(A) TERM AND TERMINATION
Your subscription will be automatically extended for successive renewal period of the same duration as the subscription term originally selected, at the then current non-promotional subscription rate in accordance with the Automatic Renewal Billing process explained in these terms.
Please note that you must terminate your subscription prior to the end of the subscription period for which you have paid to avoid being charged for the next subscription period. To change or terminate your subscription at any time, please follow the subscription cancellation procedure described in the Help section. Either you, or us, may terminate your user account at any time and for any reason by sending notice to the other.
We reserve the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion.
(B) YOUR RIGHTS TO CANCEL AT ANY TIME
You may cancel your subscription and membership (free and paid) by visiting the ‘My Account’ section of the site that you are a member of, and following the relevant link to Remove Your Account.
Alternatively, you may cancel your registration or subscription at any time by giving us notice of your wish to cancel by telephone or email:
Our postal address is:
Please be aware that any notice of intention to cancel shall take effect upon receipt by us.
(C) 14 DAY CANCELLATION RIGHT (FOR UK RESIDENTS)
By creating a Paid Membership or upgrading a Guest or Basic Membership, you expressly agree to us providing the Services to you immediately upon payment by you. Any use of the service thereafter by you would limit the amount you will be entitled to later receive should you cancel within 14 days.
For avoidance of doubt, Use of the Services in respect of this cancellation right means sending any communication to another user, actively conducting searches of user profiles, viewing photos of other members, or making changes to your profile including your photographs and other publicly visible profile information, or updating or amending any account settings or preferences (unless such settings e.g. email address were inputted incorrectly at sign up and you are seeking to simply amend these entries to be more accurate records).
You can contact us through your Account, by email or by telephone to cancel on the basis of this statutory right. You may also complete this Cancellation Form (which is a standard form contained within the Regulations), which can be downloaded here.
(D) OUR CUSTOMER COMPLAINT POLICY
Our postal address is:
9. LEGAL DISCLAIMERS, WARRANTIES & INDEMNITIES
A. DISCLAIMER OF WARRANTIES
This section will apply to the maximum extent permitted by applicable law.
B. LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event will we, NSI (Holdings) Ltd, be liable for any direct, indirect or consequential loss or damage arising out of or relating, directly or indirectly, to the use or inability to use the Services, including, without limitation, loss of income or revenue, loss of corruption of data or programs, loss of goodwill and loss of anticipated savings, even if we know or have been advised of the possibility of such loss arising.
D. LINKS TO OTHER THIRD PARTY SITES
Where any of our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
10. ENTIRE AGREEMENT, GOVERNING LAW AND CLASS ACTION WAIVER
A. ENTIRE AGREEMENT
B. JURISDICTION AND APPLICABLE LAW
C. CLASS ACTION WAIVER
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
D. Consumer Rights Information—California Residents Only.
This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
Users who wish to gain access to the members-only section of the Website must be a member in good standing. We post the current membership fees for the Website before the registration page for the Website. We reserve the right to change the membership fees. You may contact us using our “Contact Us” page to resolve any billing disputes or to receive further information about the Website.
E. Complaints—California Residents.
You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254
All offline dating events are hosted by our partner site SpeedDater.co.uk. To view the full T&Cs for events by SpeedDater, please click here.