General Terms and Conditions for disabilitymatches.com
Last edition – 01 December 2016
No person under the age of 18 is permitted to visit this website or use the disabilitymatches.com Service (the “Service”). Please read these General Terms and Conditions (“GTC”) carefully before using this website or the Service.
These GTC explain how the Service may be used. By accessing the Service, you agree to be bound by and comply with these GTC and the documents and policies referred to in these GTC. If you do not agree to be bound by these GTC, you must not use the Service.
The Service is operated by Tyche Technologies AG a Swiss company, Reg Nr. CHE-420.114.703, under the brand name Dating Factory (referred to in these GTC as “us”, “we” or “our” or “Dating Factory” or “Dating Factory Network”).
Media Hoppers Limited (UK company registration number (09810746) (“theMediaHoppers”) does not provide the Services but does provide additional services as set out in these GTC.
- 1. Service
- 1.1. You must register to use the Service. Registration is free.
- 1.2. As an additional part of the Service we offer a fee-based service. The fee-based service allows you to communicate with other members and use the Service in full after payment of the appropriate fee. You shall be notified of the fees payable before you use any fee-based services.
- 1.3. You decide the duration of your subscription to the fee-based service. Your subscription period shall renew automatically for a period equal to your original subscription period unless terminated or cancelled by you in accordance with these GTC.
- 1.4. Access to the Service using mobile devices may be restricted and not all features may be available. Only a limited selection of payment method subscriptions may be offered via mobile devices (which depends on your mobile operator’s services).
- 1.5. We may prevent or suspend your access to the Service if you do not comply with any part of these GTC, any terms or policies to which they refer, or any applicable law. However, prevention of access to the Service in whole or in part for the above reasons shall have no effect on your obligation to pay for any of the Service.
- 1.6. IMPORTANT TERM: In the event that clause 1.5 applies, we may charge you up to £230 by way of liquidated damages for the loss suffered by us. This may be paid by way of retention from any monies pre-paid by you or charged to you. You and us both agree and confirm that the above sum represents a genuine pre-estimate of our loss. This clause shall not prevent the assertion of any claims for greater losses actually incurred. We or our debt collection agency shall write to you before relying on this clause.
- 2. Marketing Service
- 2.1. Before registering to use the Service, you may opt-in to consent to us and MediaHoppers sending you offers of third party goods or services from time to time. Such offers may for example be sent to you by email based on the information provided on your user profile. If, having opted-in, you later decide that you no longer wish to receive such offers you may notify us by email to email@example.com stating your username or you may click on the “unsubscribe” link at the end of any of the advertising emails you receive.
- 2.2. No responsibility or liability is accepted by us or MediaHoppers for third parties’ offers of goods and services.
Conditions of Use
- 2.3. The Service is strictly for personal use only. By accessing the Service, you undertake only to make personal use of the Service and not to make any commercial use of the Service. You must at all times keep your password confidential. You must not permit any third party to access your user account for the Service.
- 2.4. You are responsible for all the details you provide. Before accessing the Service, you warrant that you are at least 18 years of age and that all your details provided to us in relation to the Service are true and up-to-date at all times, including payment and contact details.
- 2.5. You undertake to refrain from presenting data from third parties as your own. Providing false details or details made with fraudulent intentions, in particular providing the bank or credit card details of a third party without their consent, will carry legal consequences.
Publication of content and accuracy
- 2.6. You are solely responsible for the content that you publish or display on the Service, or transmit to other members. By posting content to any public area of the Service, you automatically grant, and you guarantee that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, worldwide license to use such information and content, and to grant and authorize sublicensing of this content. We reserve the right to use content from profiles, including the member username, photos and videos, for featuring them in promotional material. disabilitymatches.com has joined the Dating Factory network which pools resources and members of several websites to provide you with a larger selection of members to communicate with. Any content you post may be visible on other sites on the Dating Factory network.
- 2.7. We do not verify the accuracy or truth of any information published by members. Whilst we are entitled, but not obliged, to investigate the content of profiles, including uploaded images, for compliance with the law in general, with these GTC and with the rules specified by us on the relevant web pages and, if necessary, to reject, modify or even delete the content in question. By using the Service you accept that any member profiles, messages and communications may not be genuine and the Service is for entertainment purposes only.
- 2.8. You undertake to furnish no information that you are not explicitly requested to provide. In particular, this applies to names, residential addresses, e-mail addresses, web addresses, telephone numbers and fax numbers.
- 2.9. You undertake to treat other customers’ data (in particular names, residential addresses, e-mail addresses, web addresses, telephone numbers and fax numbers), e-mails and other forms of correspondence that you obtain in connection with your use of the Service with confidentiality; you also undertake to refrain from making these accessible to third parties without the consent of their originator. It is also forbidden to pass on the data of non-customers as part of the Service or otherwise.
- 2.10. You warrant that you have no commercial intentions and will refrain from using the information entrusted to you for commercial purposes or for purposes that breach the GTC. You undertake to send messages to other customers for no purpose other than that of personal communication and in particular not for the purposes of advertising or tendering goods or services. You also undertake to refrain from sending "chain mail" or similar.
Misuse of the Service
- 2.11. You must not misuse the Service in any way, including, without limitation, as set out below.
At all times you undertake:
- 2.11.1. not to misuse the Service in order to distribute or upload defamatory, objectionable, explicit or otherwise illegal material (e.g. but not limited to material that infringes third party rights such as photos of third parties), threaten or harass others and/or violate their rights, pledge or demand money or payment in kind;
- 2.11.2. not to impersonate any person (including a fictitious person) and/or create false or deceptive profiles on the Service;
- 2.11.3. not to misuse the Service or websites by introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Service or websites, the servers on which the Service and websites are stored or any connected server, computer or database. You must not attack our Service or websites via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately;
- 2.11.4. not to upload any data to the Service containing software or other material that are copyright protected or protected by other rights;
- 2.11.5. not to use the Service in such a way that the availability of the Service to other customers is negatively affected or use the Service in such a way as to harass or interfere with the privacy, safety or security of any person;
- 2.11.6. not to intercept e-mails or make any attempt to do so.
- 2.12. IMPORTANT TERM: If you use the Service in conjunction with business interests or use the details and data entrusted to you for commercial purposes, you shall be pay to us the sum of £7750 as liquidated damages for each proven contravention or the highest amount permitted by law, without prejudice to any other claim for damages. You and us both agree and confirm that this sum represents a genuine pre-estimate of our loss. We or our debt collection agency shall write to you before relying on this clause.
Storage of messages
- 2.13. All incoming messages of users of the free service are stored in the internal mailbox on the website for 30 days. All incoming messages for paying subscribers are stored in your internal mailbox on the website for 3 months. We reserve the right to review and delete any messages, comments, photos, video and whole profiles (the "content") that in our sole judgment violate these GTC or may be offensive, illegal, or that might violate the rights or put in danger the safety of other members.
Deletion of your profile
- 2.14. We are entitled to delete your profile if you have not used the free Service for more than six (6) months, even without consultation or notice. On the one hand, this measure helps to protect your data as, after this period has elapsed, we will be forced to assume that you are no longer interested in the storage of your data; on the other hand, this measure serves to keep the database free of inactive customers, thereby improving the Service offered by us.
Adobe Flash Player
- 2.15. In order to use the disabilitymatches.com chat program you need to have Adobe Flash Player installed.
- 3. RIGHT OF WITHDRAWAL
Right of withdrawal within 14 days
- 3.1. You have the right to withdraw from the GTC within 14 days of entering the GTC without giving any reason.
- 3.2. The withdrawal period will expire after 14 days from the day of entering the GTC.
- 3.3. To exercise the right of withdrawal, you must inform us at Dating Factory, Customer Service, The Exchange, Bristol Road, Bridgewater, Somerset, TA6 4RR, United Kingdom, (Fax: +44(0)1278501112, E-mail: firstname.lastname@example.org), of your decision to withdraw from the GTC by an unequivocal statement (by post, fax, e-mail or through your user account as appropriate). Your communication requesting a refund must state your full name, your email address, name of the website(s) you wish to withdraw from, your username and date of payment. We may request any valid form of ID for additional verification.
- 3.4 To meet the withdrawal deadline, you must send your communication to withdraw before the withdrawal period expires.
Effects of withdrawal
- 3.5. If you withdraw from the GTC, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the GTC. We will carry out such reimbursement using the same means of payment as you used for your initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
- 3.6. If you requested to begin the performance of Services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from the GTC, in comparison with the full coverage of the GTC.
- 4. Termination; Extension of the contract; Cessation of the service
- 4.1. In this clause 5, we distinguish between the unpaid Service and paid Service.
- 4.2. You may terminate the unpaid Service with us at any time.
- 4.3. We may terminate the unpaid Service with you on 14 days’ notice. Our right to terminate for good cause or to prevent or suspend your access to the Service remains unaffected by this.
- 4.4. The paid Service may be terminated at least 14 calendar days before the subscription period expires or, if another period was specified upon purchase of the paid Service, within that specified period. The termination of the paid Service is only effective if it takes place by written notice. To aid clear assignment and to protect against misuse, you must always specify your registration details.
- 4.5. Note: The paid Service cannot be terminated by deleting your profile. If you have purchased a paid Service and delete your profile, the paid contractual relationship shall remain unaffected by this. If a Service has been paid for but not used and you delete your profile, you are merely refusing to use the Service. This means that you will receive no refund for the payment already made. As described above, written notice is always an absolute necessity for the termination of the paid Service.
- 4.6. To communicate your termination of the Service, please send your written notice of termination via your user account, post, email or fax using the details below:
THE EXCHANGE, EXPRESS PARK
Extension of the Service
Cessation of the Service
- 4.7. The paid Service shall automatically extend by a period of time specified upon purchase provided that you do not terminate the paid Service in writing at least 14 calendar days before the paid Service expires, or, if another period was specified upon purchase of the paid Service, within that specified period, giving your full registration details.
- 4.8. Clause 5.7 may be deviated from in the case of trial subscriptions, advertising campaigns and similar. For these too, you are informed of the duration of the trial subscription, the option to terminate and the automatic extension that occurs failing exercise of this option in each case.
- 4.9. When purchasing a paid Service, you are informed, upon receipt of the order confirmation, of the relevant duration, the start date of the contract and the duration of the extension applicable if no termination is made on time. You will be sent a payment confirmation e-mail, which contains your payment reference. You must keep a copy of this information as this may be required if you wish to cancel your payment agreement.
- 4.10. For trial offers your subscription will renew automatically based on the period equal to the first full subscription agreed upon after the trial and will continue to be renewed unless cancelled or suspended by you. Subscriptions will be billed periodically on the same day of the month as the first payment unless the transaction is not successful, in which case it will be tried again at a later date. The subscription fees for the Service may be changed by disabilitymatches.com at any time (e.g. due to VAT changes, etc.) with effect from the next renewal period. We shall inform you about the changed renewal price and your extraordinary right for termination if you disagree with the new price. If you are unhappy with any subscription fee changes you may terminate your membership by sending us the signed service suspension request form.
- 4.11. Discounted subscription fees for special offers apply only to the initial payment. Further recurring payments will be charged at normal published prices unless specified in the said offer.
- 4.12. We are entitled to cease providing the Service offered in full or in part. We will inform you of the planned cessation and its scope ahead of time, at least 14 days before the full or partial cessation of the Service. If you have paid for, but have not yet fully exhausted an entitlement to the Service at the time of the cessation, you will receive a pro-rated refund for this non-exhausted entitlement.
- 5. Information on data
- 5.1. In providing the Service, we undertake to comply with data protection laws.
- 5.2. You acknowledge and agree that all content uploaded by you to the Service is available for all customers within the Dating Factory database. This is applicable regardless of the matter that other customers may have registered for services provided by us via other websites in the Dating Factory Network or via other cooperation partners. Reciprocally you also enjoy the benefits of this central Dating Factory database for the Services provided which are available via different domains, due to the broader database available for you.
- 5.3. Your profile and its contents may be searchable by other members. You may be able to search for the profiles and their contents of members registered to other websites operated and powered by us, for example, co-branded or privately labelled. Your profile and its contents may be searchable by third-party search engines, for example Google, MSN, etc.
- 5.4. To improve your chances of success, disabilitymatches.com provides you with a free icebreaker messaging service. This feature ensures your profile gets maximum visibility as your matches are automatically sent a personal icebreaker message on your behalf.
- 5.5. In the course of serving advertisements to disabilitymatches.com and you using some parts of that website, us, MediaHoppers or our third-party advertisers may place or recognize a unique cookie on your browser. Cookies are a normal part of internet operations and are also used by disabilitymatches.com to safely identify you each time you login and use the website and to keep your session active when you do not use the website for some time. Any information that we or third parties collect via cookies and marketing campaigns tracking software is totally anonymous. By registering for the Service on this website you agree to allow the placement of these cookies. For more information on the types of cookie we use on the sites please visit our cookie information page.
- 6. Rights of use and copyright
All rights to programs, services, processes, software, technologies, brands, trade names, inventions, materials, copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not registered or unregistered (anywhere in the world) that belong to us shall remain exclusively ours. We are the owner of all rights of use for the above-mentioned rights. The use of any of the above-mentioned rights is only permissible for the purposes specified in these GTC. Any reproduction of the above-mentioned rights is not permissible unless authorized by us in writing.
- 7. Liability
- 7.1. Nothing in these GTC shall limit or exclude our liability for:
- 7.1.1. death or personal injury caused by our negligence;
- 7.1.2. fraud or fraudulent misrepresentation;
- 7.1.3. any matter in respect of which it would be unlawful for us to exclude or limit liability.
- 7.2. Subject to clause 8.1 above, we shall not be liable to you, whether in contract, tort including negligence, breach of statutory duty or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with these GTCs (including the Service). Direct contact is only established between our customers following mutual agreement. We are therefore not liable in the event that no such contact is established within the duration of the Service. However, we endeavour to mediate contact between our customers by providing the technological means to this end.
- 7.3. We are not liable for the misuse of data and information as the possibility exists, despite its explicit prohibition, that you or other customers may use the Service in an improper or illegal manner. Furthermore, we are not liable in the event that information made accessible to a third party by you is misused by that third party.
- 7.4. We make no guarantee that the Service will operate properly at all times, i.e. that it will be constantly available without interruption.
- 7.5. We shall have no liability to you for any breach of these GTC due to any event or circumstance beyond our control including, but not limited to, failure of communication networks, faults in technical equipment, or in the quality of access to the Service, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or other accident. We do not guarantee that our websites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Service. You should use your own virus protection software.
- 7.6. We are not liable for the unauthorized obtaining of your personal information by third parties, e.g. in the form of access to the database by hackers.
- 7.7. For other losses that occur due to causes other than those stated above, we shall only be liable in cases of intent and gross negligence on the part of our executive bodies, employees and vicarious agents, and this liability are proportionate to other causes contributing to the loss. In any event, our total liability to you for all other losses arising under or in connection with these GTC (including the Service) whether in contract or tort (including negligence), breach of statutory duty or otherwise shall be limited to the amount that you have paid for the membership to use Dating Factory service.
- 7.8. You undertake to hold us harmless against all proceedings, loss, demands or claims for damages that may arise during your registration for and use of the Service. In particular, you shall indemnify us against any liability and all obligations, expenses and claims resulting from losses due to malicious gossip, insult, defamation and violations of personality rights by other customers, due to non-provision of services for customers or due to the violation of intellectual property rights or other rights by you. Furthermore, you shall indemnify us against all liability and claims arising from a breach of these GTC by you.
- 7.9. Liability is otherwise excluded.
- 7.10. For the avoidance of any doubt, as MediaHoppers does not provide the Service under the GTC it does not accept liability whether in contract, tort including negligence, breach of statutory duty or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with the Service.
- 8. Objections
- 8.1. Any objections to the amount charged or billed must be raised and justified in writing to Dating Factory within six (6) weeks of the queried charge being made or the invoice being received. If you do not raise any justified objections within this 6-week period, the charged or invoiced costs shall be deemed as approved. For the avoidance of doubt, non-usage of the Service, if the Service has been available, is not a justified objection.
- 8.2. If a justified objection is raised, the legitimate account claimed will be reimbursed to you or, optionally, you will be offered an extension of the paid Service. This extension will be for the period for which you raised the justified objection.
- 8.3. You also have the right to set us a grace period of five working days for proper performance. If the cause of the complaint is not resolved by the end of this grace period, you have the right to terminate the contract.
- 8.4. Mere immaterial interference to the Service does not entitle you to a complaint. An immaterial interference to a paid Service occurs when the period during which you are unable to use the paid Service does not exceed two consecutive days.
- 8.5. You can only offset or assert a right of retention on the basis of your own claim against us if this claim is legally established, uncontested or recognized.
- 8.6. In cases of non-payment or a default on payment by you, we reserve the right to commission a debt collection agency and demand that you pay our fees. We also reserve the right to levy interest for arrears in an amount based upon legal provisions.
- 8.7. We reserve the right to demand that you pay the expenses arising from the unauthorized cancellation of a credit card payment or an unjustified objection to a direct debit payment to the extent possible under law.
- 9. Disputes resolution
To resolve a complaint regarding the service or the website, you should contact disabilitymatches.com customer support team using the Contact us form on the disabilitymatches.com website.
- 10. Other important terms
- 10.1. Except as expressly provided in the written form, the information on our payment page(s) in case you purchase the paid Service and these GTC constitute the entire agreement between us and you with respect to website and Service use.
- 10.2. The registration and subscription are personal to you. You will not assign, transfer or charge your rights and responsibilities under your registration and subscription.
- 10.3. We are entitled to subcontract the whole or any part of the Services. If we do this, we will use our reasonable endeavours to ensure that the standard of the Service is maintained.
- 10.4. If any provision or part-provision of these GTC is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these GTC.
- 10.5. These GTC, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales. You and us each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
- 10.6. If there is any difference between the English version of these GTC and translated versions, then the English version of these GTC shall apply.
- 10.7. All correspondence in respect of memberships or subscriptions must be addressed to:
THE EXCHANGE, EXPRESS PARK
The Dating Factory Network, the disabilitymatches.com website and the Service are provided by Tyche Technologies AG, Reg. No. CHE-420.114.703 Switzerland. Please address all correspondence to customer support. Correspondence to the Swiss office will be forward to the customer support department with the corresponding delays, or returned unopened to sender.