Last modified 26th March 2018
These Terms & Conditions are between muzmatch Limited (the “Company”, “we”. “us”, or “our”) and you (“you”, “your”, or “yourself”).
We are proud to provide online personals services for single adults to meet each other.
We are responsible for the content of this website. Our details are:
muzmatch Limited 249 Cranbrook Road, Ilford, England, IG1 4TG
The Agreement, as it may be amended from time to time, applies to all users of any our Services.
If you become a Member, you will be able to access the Services associated with the Company product(s) for which you hold a Membership. If you meet certain requirements, the Company may in its discretion make your profile visible to Users of other Websites and Apps operated by the Company or group companies for which you do not have a Membership.
The Agreement also applies to your use of all features, widgets, plug-ins, applications, content, downloads and/or other services that:
we own and control and make available to you; or
also post a link to this Agreement.
You are reminded to abide by all applicable laws. You also undertake not to use our Services for unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, hateful, or racially or ethnically offensive purposes (or for purposes which are otherwise objectionable).
If you violate these Terms & Conditions, we may terminate your access to our Services.
In these Terms & Conditions:
“Apps” refers, individually and collectively, to each and all of the Mobile Apps, Desktop Apps, and Web Apps.
“Desktop Apps” means the desktop applications published by the Company and which may be offered from time to time.
“Member” means any person whose Membership has been accepted by the Company and whose Membership remains valid for the time being. The term ‘Member’ includes free Members and paying Members, as the context requires.
“Membership” means your entitlement to one or more Services by virtue of being a Member. Such entitlement may vary depending on whether the Membership is a paid Membership or a free Membership (and the relevant Company product for which you have a Membership).
“Mobile Apps” means the iOS application and the Android application or any other mobile/tablet device software applications published by the Company and which may be offered from time to time.
“Services” means any and all of the services provided by the Company by any means (including, but not limited to, the Websites, the Apps, or any other technology).
“User” means any Member and/or Visitor.
“Visitor” means any person who browses the Services.
“Web Apps” means the web applications published by the Company and which may be offered from time to time.
“Website(s)” means, individually or collectively, the websites operated by the Company.
As the context may require, words in the singular may be read as the plural and the plural as the singular.
YOUR PRIVACY – COLLECTION AND RETENTION OF PERSONAL INFORMATION
ACCOUNTS AND SECURITY
To access the Services, you must have an account.
You must maintain, and are responsible for, the confidentiality of your logon and password.
If requested, you must provide us with a form of identification to verify your identity.
The Services are open to everyone – subject to approval of an application by the Company according to these Terms & Conditions.
You may not use our Services if:
You are under the age of 18.
Children are not eligible to use our Services, and we ask that anyone under the age of 18 years old not submit any personal information to us. Our Services are not directed at anyone under the age of 18 years old. We also do not collect or maintain personally identifiable information from those Users who we know are under the age of 18 years old. Should we learn or be notified that we have collected information from Users under the age of 18 years old, we will immediately delete such personally identifiable information;
You have ever been convicted of a violent or sexually related criminal offence.
We do not conduct criminal background screenings of our Users, nor are we able to personally identify each User. The Company cannot be held liable for false declarations made by a Member. It is thus important to take certain common-sense precautions when meeting with another Member. For example, consider informing a close friend or relative of any meeting and plan your first meeting in a public place.
You have previously been banned from using our Services or similar services.
The Company cannot be held liable for actions of any nature committed by any User, including any such actions in the course of any events which are organised by the Company or by others using the Services.
CONDITIONS OF ADMISSION
You must agree to these Terms & Conditions in order to use our Services. They govern your use of our Services.
we will take this as your acceptance of these Terms & Conditions and your agreement to their content.
The Company reserves the right to offer admission to its Services in its full discretion.
By using our Services, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside.
CODE OF CONDUCT
Each User undertakes to comply strictly with all applicable laws and regulations, as well as with these Terms & Conditions.
Each User irrevocably undertakes to refrain from:
Discrimination on the basis of a User’s real or supposed: age, race, color, ethnicity, national origin, sexual orientation, religion, gender identity, family situation, pregnancy, physical appearance, surname, state of health, disability, genetic characteristics, personal beliefs, political opinions or union activities;
Using the Services for any professional or commercial purposes, whether directly or indirectly, including offering, soliciting or promoting chargeable goods or services or financial compensation. Prostitution is formally prohibited on our Services;
Engaging in any illegal activity whatsoever using our Services;
Posting any content or making any statement in any form which:
(a) 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;
(b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(c) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
(d) is defamatory, obscene, pornographic, vulgar or offensive;
(e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(f) is violent or threatening or promotes violence or actions that are threatening to any other person;
(g) promotes illegal or harmful activities or substances;
(h) contains a link to any of content associated with the above prohibitions; and
(i) is otherwise contrary to applicable laws and regulations; and
Disseminating any personal information of any other User, including any contact details or similar, without that User’s consent.
Each User undertakes to report any abuses to the Company, as well as any improper comments or conduct by other Users.
We conduct regular inspections of the use of our Services, 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.
We may contact any User to request that the User remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions.
We may exclude or remove any User from its 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. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases.
CONDITIONS OF ACCESS
You shall select a username when signing up to our Services.
When you sign up, you will become a Member of the particular brand of the Services 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 without specific registration.
Your username and the password shall be personal and confidential. Each Member shall keep them confidential and undertakes not to notify or disclose them to third parties or other Members to prevent fraud or phishing.
All Users undertake not to use another Member’s username or password, or any other personal information of another User.
Any breach of these provisions may lead to the cancellation of a Member’s Membership, without prejudice to the liability incurred by the relevant Member due to the use of the username and/or password by another Member or third party.
Each Member shall take care not to disclose strictly personal information.
We will take any necessary measures to halt fraudulent behaviour, including to prevent the prohibited sharing of usernames or passwords.
We reserve the option of removing:
Each User undertakes not to carry out any action likely to hinder the operation of the Services and undertakes not to disseminate or arrange for the dissemination of viruses, spam, logic bombs, software applications, etc.
You may purchase a paid Membership for one or more of the products offered by the Company.
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.
The price and payment procedures are permanently accessible on the Mobile apps.
All prices stated include all relevant local taxes.
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.
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.
If you do not pay any amount due pursuant to these Terms & Conditions:
We may, from time to time, offer paid features (such as subscriptions, micropayments, etc.) through other service providers, such as the Apple app store or the Android market (each, an “App Store”).
Such paid features may be subject to other payment conditions and other conditions than those in these Terms & Conditions. The relevant App Store may require you to agree with its own terms & conditions. Any such applicable terms will be brought to your attention prior to purchase. You agree to comply with, and your license to use our Services is conditional upon your compliance with, all relevant terms and conditions of the applicable App Store
We automatically renew all paid Memberships before the expiry of the term of the paid Membership (where permitted by applicable law) as per the Google Play Store and Apple App Store policies. When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires it will automatically renew for the duration and at the cost indicated to you at your initial purchase. IF YOU DO NOT WANT YOUR PAID MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST CANCEL YOUR PAID MEMBERSHIP IN ACCORDANCE WITH THE PROCESS SET OUT BELOW IN THESE TERMS & CONDITIONS.
CANCELLATION AND WITHDRAWAL
Cancellation must take place according to the relevant Cancellation methods employed by the Google Play and Apple App Stores.
CANCELLATION OF YOUR MEMBERSHIP BY THE COMPANY
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.
If we cancel a Member’s Membership in our 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.
The technology you use to access our Services may be required to meet minimum specifications provided by us.
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.
You acknowledge and agree that we have no obligation to:
TERMS & CONDITIONS – UPDATES AND AMENDMENTS
The Company may update and amend these Terms & Conditions at any time and the Company will make the updated Terms & Conditions available through the Services. You understand and agree that you will be deemed to have accepted the updated Terms & Conditions if you use the Services after the updated Terms & Conditions are made available to you. If at any point you do not agree to any part of the Terms & Conditions in operation, you should immediately stop using the Services.
PROVISION OF THE SERVICE
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.
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.
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.
LICENSE, RESTRICTIONS AND CONDITIONS OF USE
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:
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).
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.
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.
You may not:
Without limiting the foregoing, YOU AGREE THAT YOU WILL NOT:
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;
disseminate any personal information of any other User, including any contact details or similar, without that User’s consent;
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);
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);
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;
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.
Each User undertakes to report any abuses to the Company, as well as any improper comments or conduct by other Users.
We conduct regular reviews 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.
We may contact any User to request that you remedy any non-compliance with applicable laws or regulations, or these Terms & Conditions.
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 15 or any other terms of these Terms & Conditions.
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.
LINKS TO OTHER WEBSITES
Our Services may contain links to other websites and to resources provided by third parties (“Other Sites”). The Other Sites are linked to provide information only and are solely for your convenience.
The Company has no control over, does not accept and assumes no responsibility for the content or products or services of Other Sites and does not accept any responsibility for any loss or damage that may arise from your use of them.
Our Services may also feature advertising by third parties. By allowing third parties to advertise on our Services, the Company does not make any representations or warranties in respect of or endorse the products or services advertised.
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:
None of the material listed in clause 17.1 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.
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 17.2, this Agreement gives you no rights to such content.
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.
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 sublicensable licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Material which are set out below.
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.
DISCLAIMER OF WARRANTIES
You understand and agree that your use of the Apps, the Websites and/or the Services is at your sole risk.
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).
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.
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.
The Company does not represent or warrant that:
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.
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.
LIMITATION OF LIABILITY
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, amongst other things:
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).
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.
In all cases, the Related Parties will not be liable to you for any loss or damage that is not reasonably foreseeable.
Nothing in these Terms & Conditions limits or excludes the liability of the Company for:
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:
You will cooperate as fully required by Related Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, Related Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Related Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Related Party.
GOVERNING LAW; JURISDICTION
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.
Save as set out below, you irrevocably submit to the exclusion jurisdiction of the English courts.
The governing law does not impact your rights as a consumer according to the consumer protection laws and regulations of your country of residence.
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.
The Agreement is not intended to create a partnership, joint venture or relationship of principal and agent between the parties.
No waiver by the Company of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
The Company may assign its rights under these Terms & Conditions to any person or entity without your consent. The rights granted to you under these Terms & Conditions may not be assigned without the Company’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
Clauses 17 to 24 inclusive will survive termination or expiration of this Agreement.