- - Who we are
- - The Services we are providing
- - How you can access our Services
- - Information about billing and subscriptions (including automatic repeat billing and price changes)
- - Your obligations as a user of our services and restrictions on your content
- - Our rights to use your content
- - Your rights to cancel your membership
- - Our rights to terminate this Agreement
- - Ways you can contact us and our complaints handling process
- - Legal disclaimers, warranties and indemnities
1. THE PARTIES TO THIS AGREEMENT
You, as a person who makes use of our Services, are entering into this Agreement with Cupid plc.
Cupid plc (referenced throughout these terms as “us”/”we”/”our”) is a public limited company registered in Scotland having company number SC368538 and having its registered office at DatingBiz, Inc. 13155 Noel Rd. #916 Dallas, TX 75240 US.
As a large organisation we have a number of subsidiary companies (“Group Companies”) that operate some of our Services on our behalf or provide services to us to enable us to provide the Services to you. We have subsidiaries in the UK, France, Germany, Cyprus and USA and other locations as may be determined from time to time. Our Group Companies are all wholly/majorly owned by us.
We have an extensive network of sites (that we call our “Partner Sites”) that we categorise as Traditional Sites (for traditional romantic relationships e.g. Cupid.com) and Niche Sites (for like-minded people to meet e.g. UniformDating.com). To find out more about our Partner Sites please visit our company website www.cupidplc.com.
You authorise us to reproduce and broadcast the information contained in your profile including your name, photograph, “chat up line”, description etc. throughout all or part of our Partner Sites and our Group Companies for the purposes of delivering the Services to you and for marketing and other purposes as explained in more detail below under section 6(B) Our rights to use your content for our own purposes.
We may, from time to time, create profiles which are created, maintained and managed by our employees (“Staff Profiles”). The purpose of these Staff Profiles is to enable us to ensure our Services are operating properly by testing the Services, features and functionalities, and to research our products and Services. All Staff Profiles will be identifiable as such and in the event that you opt to communicate or interact with a Staff Profile you will be made aware of the nature of this Staff Profile. Please refer to our Dating Help and Safety Tips page which provides information on our Dating Advisors, which is another feature available on some of our Services (planned roll out throughout 2013, please check Dating Help and Safety Tips to see if they are available on the Service you are using), involving the creation of Staff Profiles for the purposes of offering a live help feature to you.
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”).
We also reserve the right to stop offering 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: (1) By visiting as a guest without registering (“Guest”);
(2) By registering for the Services as a non-paying member (“Basic Member”); or
(3) By registering for the Services as a member and purchasing a subscription package (“Paid Member”). Throughout these terms we will make reference to Guest, Basic Member and Paid Member. When the clause is relevant to all members, we shall simply use the term “member” or “users” to mean all users, whether Guests, Basic, or Paid. 4. ABOUT SUBSCRIPTIONS AND BILLING
A. GUEST/BASIC MEMBER FEES / CHARGES
There is no fee payable to access the Services as a Guest or as a Basic Member.
However, please note that accessing the Services as a Guest of a Basic Member will only give you limited access to features and areas of the Services. Full access will require to you upgrade to become a Paid Member, by paying for a subscription package.
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.
In general, we offer:
- - 3 day or 1 week trials (with some services offering 1 hour trials); and/or
- - 1, 3 or 6 month packages.
The fees payable for each of our Subscription Packages are set out on the payment page of the at the point of making payment. Please review the payment page very carefully when you come to make payment.
Please be aware that when you subscribe to any package, including the trial period, you will become liable for automatic renewal billing. We reserve the right to alter these subscriptions packages at any time. If we alter the price of a package that you are already paying for, we will provide notice of the change to (in accordance with our process noted below at section 4(D)) you and you will have the option to cancel your membership if you do not agree with the new price being offered to 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.
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:
- - Provide all the information required to complete the registration forms for our Services;
- - Ensure the information you provide is complete, accurate and up to date and you will promptly update all information to keep your account and billing information complete and accurate upon any change (such as change of billing address, credit card number or expiration date);
- - You have not and will not access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs of your jurisdiction, of the United Kingdom, of Australia or of the United States of America;
- - Your use of the Services is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs;
- - If you create an account (as a Basic or Paid Member), you (i) have never been convicted of a felony; and (ii) are not required to register as a sex offender with any government entity or agency; and
- - You are either single or separated from your spouse or domestic partner;
- - Only post information and content that is relevant to our members (please see below under ‘Restrictions on your use of the Site’ for further details of the restrictions on the type of information and content you can post);
- - Be fully responsible for all use of your account and for any actions that take place using your account whether by yourself or any other person using your account; and
- - Only post genuine ratings of and comments on other members’ profiles and other content based on your personal experience. Please note that any comments you make, if false, could be defamatory and could lead to legal proceedings being taken against you.
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:
- - impersonates or otherwise misrepresents affiliation, connection or association with, any person or entity;
- - discloses any personal or confidential information of any person or organisation without first obtaining their consent or solicits another person’s personal information for commercial or unlawful purposes;
- - discloses, solicits or requests personal information from anyone under the age of 18 or discloses or solicit passwords for unlawful purposes;
- - contains any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- - promotes racism, bigotry, hatred or physical harm against any group or individual;
- - promotes or enables illegal or unlawful activities;
- - is intended to harass, annoy, threaten or intimidate any other members or other people or organisations;
- - is defamatory, inaccurate, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy, harms minors in any way (a minor being a person aged under 18) or which may cause annoyance or inconvenience;
- - is deliberately misleading or fraudulent;
- - contains others’ copyrighted content (such as music, videos, photographs, images etc) trademarks, patents, trade secret or other proprietary information, without first obtaining their consent;
- - uses the Services for chain letters, junk mail or spam e-mails;
- - advertises or solicits any member to buy or sell any products or services including but not limited to uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, “affiliate marketing codes,” “link referral code,” or any other form of commercial solicitation;
- - interferes or disrupts networks connected to the Services or attempts to interfere with the proper functioning of the Services (including imposing an unreasonable load on the technical infrastructure used to operate the Site);
- - contains any material which may infringe or violate any third party’s rights;
- - violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- - provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the various governments as a foreign terrorist organisation;
- - “stalk” or otherwise harass another person or user or member;
- - collect or store personal data about other users or members without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users’ or members’ private information;
- - post a profile or send a message to a user for any purpose other than to interact with other individuals online;
- - delete or revise any content or material posted by any other person or entity;
- - access data not intended for such user or logging into a server or account which the user is not authorized to access;
- - attempt to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the site without proper authorization;
- - attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, “flooding”, “spamming”, “mail bombing” or “crashing” or otherwise attempting to deny service to the Site or the server of any user;
- - forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
- - send unsolicited messages, including promotions and/or advertising of products or services.
- - forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting for any reason.
- - use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user or member without their prior express consent.
410 Park Avenue
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1. Minimum attendance numbers
1.1 Our events guarantee a minimum of 8 dates at any regular speed dating event. If you meet less than 8 people at any one event, you will be offered a complimentary ticket to another regular speed dating event. No refunds will be granted.
1.2 Some social events such as wine tasting, walks, bowling, rock climbing etc require a minimum of 12 guests to go ahead. If the minimum is not met you will be offered a half price ticket to another social event, or a free ticket to a regular speed dating event or party.
1.3. While we aim to have a 50/50 gender split at every event, this is not guaranteed and may not always be possible due to no shows etc. At regular speed dating events, if the there is a difference of more than 5 guests, you will be offered a complimentary ticket to another event of the same value. At the large parties, a minimum of 40/60 will be achieved in the gender balance. If this is not reached you will be offered a complimentary ticket to another party. No refunds will be issued for imbalanced numbers due to the unpredictability of 'no shows'.
- 2. COSTS OF EVENTS & OUR EVENT GUARANTEE
2.1 As part of your membership we will inform you through our Services about our events.
2.2 The price of attending an event will be confirmed on our site.
2.3 We guarantee that you will meet someone you would like to see again at each PAID event. If you do not meet someone you would like to see again you can come to another event free of charge.
2.4 The guarantee only offers free tickets to events you have not already booked for. We will not refund tickets already booked for future events under the guarantee. If you tick anyone you have met at an event you have indicated that you would like to see someone again and therefore do not qualify for a free ticket to a future event.
2.5 If you are using the guarantee on a ticket that you bought for a discounted price, you must pay the balance when claiming the guarantee. For example, if you purchase a ticket for the discounted price of £14.95 and then wish to claim a guarantee and use it on an event which is £23.95, you must pay the £9. If you wanted to book another event which was £14.95 that would be no problem.
2.6. The guarantee is also limited to one free ticket per paid for ticket. The guarantee may not be rolled over. If you claim your guarantee and then do not tick anyone again at your free event, you may not claim another guarantee.
2.7 To qualify for a free ticket under the guarantee you must take part in the whole event. If you arrive late, leave early or choose not to take part you do not qualify.
2.8 This guarantee does not apply to special bigger ticket events such as days and evenings out (punting, walks, wine tasting, bowling etc) or to Lock and Key Parties or Balls. Guarantees may not be used to book these special events.
2.9 The guarantee remains valid for three months from the date of the original event. For Elite and Super Elite events, the value of the guarantee is limited to a ticket to a normal speed dating event (i.e. not exceeding £23.95). If purchasing a ticket to an Elite or Super elite event with a guarantee, you must pay the difference in price. The guarantee also does not apply to complimentary tickets.
3. EVENT CANCELLATION
3.1 When you book an event you must supply a daytime telephone number or mobile phone number.
3.2 If you want to change the event you attend, provided you let us know a minimum of five working days before the event, we will move you to another event free of charge or refund you less a £7 per ticket administration charge. Between 1 and 5 working days before an event no refunds are possible, however, we will move you to another event for a £5 per ticket administration fee.
3.3 If you let us know less than 24 hours before an event you can send a friend of the same gender in your place for no additional charge. We cannot move you to another event with less than 1 working day's notice. However, do please let us know if you are unable to attend, for whatever reason, as imbalanced numbers spoil our events for other people attending.
3.4 For logistical reasons we are not able to refund any New Years Eve tickets (with or without hotel accommodation) although you can send someone in your place provided you contact us at least 24 hours in advance.
3.5 To move to a different event or send a friend in your place please call us during office hours (10am-6pm Monday to Friday) on 0845 838 5600 (local call rate). All requests for refunds must be in writing.
3.6 Each of our events are based on a minimum number of attendees and we reserve the right to cancel an event if such numbers are not reached. You will then have the choice of booking an alternative event with us at the appropriate additional cost or reduction (depending on the cost of the event), or a full refund.
3.7 Cancellation may be necessary in exceptional circumstances and we reserve the right in our absolute discretion to cancel your event. If this occurs: (i) we will use reasonable endeavours to contact you, but will not be liable for any transportation or other costs incurred by people who arrive at a cancelled event; (ii) you will be offered an alternative event of comparable standard (if available) together with a refund of any price difference or a full and prompt refund of all monies you have paid. Circumstances outside of our control include but are not limited to war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions. If cancellation or curtailment of your event occurs as a result of circumstances beyond our control, the consequences of which could not have been avoided even with all due care, we will not pay any compensation, nor be responsible for any costs or expenses incurred by you as a result.
4. YOUR ACCEPTANCE AND UNDERSTANDING OF THESE TERMS
4.1 By booking an event you are registering your acceptance of these terms and conditions.
4.2 You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions.
4.3 We reserve the right to invite media to attend events or to take our own promotional photographs.
5. MEETING NEW PEOPLE AT OUR EVENTS
5.1 As a registered participant of an event you understand that we offer an opportunity for meeting new people but cannot guarantee that any participant will successfully match with another participant. We also do not guarantee that any successful match between two participants at one of our events will lead to a successful date subsequently.
5.2 We aim to give single people a chance to meet one another in a safe and relaxed environment. However, we are not a matchmaking service and do not verify the personal details of those participating in our events.
5.3 It is up to you to verify personal information to your own satisfaction and we recommend that you do so. Please approach any contact with participants at one of our events with the same caution you would undertake when meeting other people you do not know.