In this Agreement, the following expressions have the corresponding meanings:
- - "Company" means BVBA ???
- - "Personal Information" has the meaning ascribed to it in the Norwegian Data Protection Act;
- - "Service" means the functionality at any given time made available for members via the Website;
- - "Website" means this website which is owned and operated by the Company;
- - "We", "us" and "our" all refer to the Company.
1.2 Acceptance of the Agreement
1.2.1 User Agreement
These terms and conditions constitute the agreement between you and the Company in respect of your use of the Service and the Website (the "Agreement").
This website is operated by BVBA ??? (hereinafter, the Company).
You can contact us using any of the following methods:
You must be over 18 years of age to register as a member of the Service or to use this Website. By using the Website, accept to be bound by this Agreement to enter into this Agreement and to comply with all of the Terms and Conditions.
You may become a member of the Service free of charge. Free membership will only entitle you to participate in some of the features available as part of the Service and subject to change without further notice, including shutting down the Service for non-paying members completely. In order to access additional features, we reserve the right to offer payed subscription on our Service.
2.5 Member ID and password
As part of the member registration process, you will be required to select a member ID (username) and password. We may refuse to accept any username for any reason, including that the proposed member ID impersonates someone else, is or may be illegal, is or may be protected by trade mark or other intellectual property law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our absolute discretion. You are solely responsible for the confidentiality and use of your member ID and password (including all activities conducted under your Member ID and password) and agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must immediately notify us and you must promptly change your password by updating your account information.
2.6 Right of withdrawal
The Member is informed that under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 he/she enjoys a period of seven working days from the time he/she accepts the Services to exercise his or her right of withdrawal, without penalty and without the need to provide any reason. However, the right of withdrawal may no longer be exercised once the Member has accessed the Services.
The Service is an internet information service that facilitates contact between members who may or may not be seeking friendship or a relationship. It is not a marriage brokering service, mail order bride service nor a matchmaking service. The Company is under no obligation to broker any other member or members for you.
4.1 Own risk
You acknowledge that your use of the Service and the Website is solely at your own risk. The Company undertakes to deliver a website and a Service which aims to provide you with the opportunity to come into contact with other individuals based upon criteria defined by you, but the Company takes no responsibility or accepts no liability for any economic or non-economic loss or damage you should suffer to the use of the website and/or Service or by the website and/or Service not functioning according to your expectations.
Furthermore, you understand that you are solely responsible for your interaction with other members of the Service. The Company cannot and does not warrant that each member or user of the Service is who he or she claims to be. Further, the Company cannot and does not warrant that member profiles are reliable, accurate or complete. Accordingly, you must be careful in dealing with other members or users of the Service or the Website.
4.2 Accurate information
It is your responsibility to ensure that the information that you supply to the Service, the Website and the Company is accurate in all respects, not in breach of this Agreement and not harmful to any person (physical or legal) in any way.
4.3 Information provided by you
It is your responsibility to ensure that any information or material you upload to the Service, including but not limited to information and/or material contained in your personal profile, does not violate any laws or regulation in any jurisdiction, or the rights of third parties. We reserve the right to remove any such information or material without further notice and to claim compensation for any costs or damages such information or material has caused us.
4.4 Exposure to viruses
You are advised to keep updated anti-virus and anti-malware software at all times. We take no responsibility and accept no liability for any damage or loss caused by virus, malware, spyware, trojans or any other malicious software transferred through your use of the Website or Service.
4.5 Your obligations
You agree to be bound by the following rules regarding the use of the Service an/or the Website:
- - you will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libelous, slanderous, or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and privacy rights).
- - you will not transmit "spam," chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail;
- - you will not use the Service or the Website for any commercial purposes;
- - you will not solicit or attempt to solicit any money from any member or other user of the Service or the Website or use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
- - you will not harass others by continuing to attempt to communicate with someone who has clearly asked you to cease communications;
- - you will not post or transmit material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of computer software or hardware; and
- - you will not post or transmit in any manner any contact information including without limitation, email addresses, phone numbers, postal addresses, URLs, or full names through your publicly posted information.
- -you will not use our Service and/or information of the Website and/or others for any other purpose than to start and/or maintain a relationship on a strictly personal basis
- - you will not send or disclose any material containing one ore more proposals regarding products, services and/or work
- -you will not collect nor record the contents of the Service and/or the information of others in a database and/or use the contents and/or the information as mentioned for publication on other websites, online services, a guide and/or address files
- - you will not infringe upon any intellectual property right of us and/or others; In the event that you fail to comply with one ore more of the obligations as mentioned above you will forfeit to us without notice of default an immediately payable penalty which is not open to judicial mitigation of an amount of 298€,= for every day that you fail to comply with one ore more of the obligations as mentioned above
5.1 Monitor information
We reserve the right to monitor all profiles, messages, chat, instant messages, videos and audio recordings to ensure that they conform to the requirements of this Agreement. This includes the right to, at our discretion, to engage one or more third parties to provide online security functions for our customers.
5.2 Editing information
We are not under an obligation to monitor or review messages or material posted or sent by users of the Service, and is not responsible for any content of these messages or materials. However, we do reserve the right, but are under no obligation, to delete, move or edit messages or material (including profiles, messages, videos and audio recordings) that we, in our sole discretion, deem to breach this Agreement or to be otherwise unacceptable.
5.3 Security of information
Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Responsibility for the content of advertisements (if any) appearing on the Website (including hyperlinks to the advertisers own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertiser's product or service by the Company. Each advertiser is solely responsible for any representation made in connection with its advertisement.
The Company retains all right, title, and interest in the Service and the Website and the corresponding intellectual property rights and reserves all rights not explicitly granted.
9.1 No warranties as to accuracy
We do not make any representations or warranties that the material or information provided through the Service or on the Website (including any member profile, advice, opinion, statement or other information displayed, uploaded or distributed by the Company or any member or any other person or entity) is reliable, accurate or complete or that your access to the Service or the Website will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided through the Service or on the Website. You should make your own enquiries before acting or relying on any information or material which appears on the Website. You acknowledge that any reliance upon any such material or information shall be at your own risk.
No warranties as to availability
The Service is distributed on an "as is" basis. We do not warrant that the Service or the Website will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service or the Website. Where permitted by law, you acknowledge that the Service (and the availability of the Website) is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
9.2 No liability for loss
We do not accept responsibility for any loss or damage, however caused (including through negligence to the extent permitted by mandatory law), which you may directly or indirectly suffer in connection with your use of the Service or any Linked Websites, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the Service or the Website.
11.1 Agreement effective for members
This Agreement will remain in full force and effect while you are a member of the Service or while you otherwise use the Website.
11.2 Termination of membership by you
You may terminate your membership at any time, for any reason, effective from the first payment period after our receipt of your written notice of termination, provided you are not in an initial signup period, in which case you will be charged for the entire amount of the initial signup period. Notice of termination may be delivered to the address contained in the Contact Us section of the Website or be emailed to the email address listed in the Contact Us section of the Website.
11.3 Termination of your access to Service
We may, in our absolute discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Service by others. If your access to the Service is suspended or terminated based on your breach of this Agreement, your membership will still continue to run until terminated by you or by us.
11.4 Termination of membership by us
We may immediately terminate your membership and your access to the Service at any time if we determine (in our absolute discretion) that you have breached this Agreement. Notice of termination will be delivered to the last email address you provide to us. Any pre-paid fees relevant to the period following termination will be refunded to you after deducting any costs incurred or loss suffered by the Company in connection with your membership.
11.5 Deactivation for non-use
We may deactivate your account if you have not used the Service for a consecutive 6 month period.
13.1 Failure to comply
The Company accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.
13.2 No waiver
If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall continue in full force.
You must not assign any of your rights under this Agreement or in respect of the Service or Website to any third party. The Company has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Service or the Website.
13.7 Governing law
This Agreement is governed by the laws in force in Belgium. You agree to submit to the exclusive jurisdiction of the courts of Belgium.