Amended: 24th December 2015
Please read these Terms carefully and make sure that you understand them before registering to use our website.
If you do not agree to be bound by these Terms, please do not use the website or the Services.
1. Information about us
1.1 We operate the website pinklobsterdating.com. We are Pink Lobster Dating Limited, a company registered in England and Wales under company number 08178481 and with our registered office at Harrison Clark Rickerbys, Ellenborough House, Wellington Street, Cheltenham, GLOS, GL50 1YD
1.2 To contact us, please see our Contact Us page http://www.pinklobsterdating.com/Contact.aspx.
2.1 The following words shall have the following meanings in these Terms:
· "Member" refers to any or all valid registered users of the Services we offer;
· "Member Content" refers to the information contained in your Member profile, created by you and displayed on our website from time to time;
· "Services" refers to the entirety of the Services available to you via our website as a Member;
· "Subscription" refers to a paid fixed rate giving unlimited access to our Services, for a period of one week/one/ three/ six or twelve months, automatically renewable after the initial period purchased where your subscription has been purchased using a debit or credit card (or any other method of payment listed on our website) and you have agreed to allow continuing debits to be made.
Registration and eligibility to use Pinklobsterdating
2.2 You must be at least 18 years old to use our website or register for the Services. By using our Services, you represent and warrant that you are at least 18 years old.
2.3 You may cancel your registration for the Services by giving us notice in writing within 7 working days of registering (your consumer rights are not intended to be varied by this clause and we acknowledge any consumer legislation which entitles you to a longer "cooling off" period). If you have purchased a Subscription, we will refund your debit or credit card (or any other method of payment listed on our website) within 30 days of your written notice to us. No refund will be given for the first month of any Subscription unless your registration is cancelled in writing to us within 7 days (or such other cooling off period as your local jurisdictional or state law may provide.)
2.4 We do not conduct criminal background screenings of our Members. You are solely responsible for taking appropriate safety precautions in connection with your use of the website and Services, as more fully described in clause 4 below.
3. Safety and security Whilst your using our site
3.1 In using our website you understand that:
(a) we cannot advise on or broker marriages, civil partnerships or long-term relationships; the onus remains with you to decide who is right for you; unless you have chosen to seek additional advise from our experts.
(b) we have no contractual obligation, moral or ethical responsibility, or technical means to:
(i) verify the identity of the persons who register as Members or use our Services; or
(ii) verify or monitor Member Content (although we do reserve the right to monitor Member Content if we think it is appropriate).
3.2 As a Member you are advised not to assume that any Member Content is accurate. A person may not be who they claim to be. You should at all times exercise the same caution as you would when meeting people face to face. We cannot be liable for false or misleading statements made by Members.
3.3 When arranging to meet another person through the use of the Services, you are advised to take appropriate safety precautions and follow our Safety Guidelines http://www.pinklobsterdating.com/Safety.aspx.
3.4 As a Member you are at all times solely responsible and liable for the use of your identification information by third parties and for the actions and statements made through your Members account, whether these are made fraudulently or not. You agree to indemnify us against any claims of this kind. We shall not be liable if your identity is used by someone else.
3.5 You must notify us immediately if you suspect that there has been a breach of your account or the information displayed on your profile has been compromised.
4. Our website Acceptable use policy
4.1 You may use our website only for lawful purposes. You may not use our website:
· In any way that breaches any applicable local, national or international law or regulation.
· In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
· For the purpose of harming or attempting to harm anyone in any way.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
· To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.2 You also agree:
· Not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms of Website Use http://www.pinklobsterdating.com/Terms.aspx.
· Not to access without authority, interfere with, damage or disrupt:
- any part of our website;
- any equipment or network on which our website is stored;
- any software used in the provision of our website; or
- any equipment or network or software owned or used by any third party.
4.3 We may from time to time provide interactive services on our website, including, without limitation:
· Chat rooms.
· Bulletin boards.
· Inter-user emails / instant messaging
4.4 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
4.5 We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
4.6 Where we do moderate an interactive service, we will provide you with a means of contacting the moderator, should a concern or difficulty arise.
4.7 These content standards apply to any and all material which you contribute to our website, including your member profile ("contributions"), interactive services and any other services associated with it.
4.8 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
4.9 Contributions must:
· Be accurate (where they state facts).
· Be genuinely held (where they state opinions).
· Comply with applicable law in the UK and in any country from which they are posted.
4.10 Contributions must not:
· Contain any material which is defamatory of any person.
· Contain any material which is obscene, offensive, hateful or inflammatory.
· Be or promote sexually explicit material.
· Promote violence.
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any copyright, database right or trade mark of any other person.
· Be likely to deceive any person.
· Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
· Promote any illegal activity.
· Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
· Be likely to harass, upset, embarrass, alarm or annoy any other person.
· Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
· Give the impression that they emanate from us, if this is not the case.
· Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and Termination
4.11 We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our website or services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
4.12 Failure to comply with this acceptable use policy constitutes a material breach of the Terms of Website Use http://www.pinklobsterdating.com/Terms.aspx upon which you are permitted to use our website or services, and may result in our taking all or any of the following actions:
· Immediate, temporary or permanent withdrawal of your right to use our website or services.
· Immediate, temporary or permanent removal of any posting or material uploaded by you to our website.
· Issue of a warning to you.
· Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
· Further legal action against you.
· Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.13 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
5. How to pay
5.1 To use the Services you must have registered as a Member and have bought a Subscription. Our services are free unless otherwise indicated.
6. our use of Your personal information
7. Our Disclaimer of warranty for the services
7.1 WE PROVIDE THE SERVICES WITH REASONABLE SKILL AND CARE, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, DO NOT MAKE OR GRANT (AND HEREBY EXCLUDE) ANY WARRANTIES, REPRESENTATIONS CONDITIONS OR TERMS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR OUR WEBSITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
7.2 WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY, REPRESENTATION, CONDITION OR OTHER TERM IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
7.3 THIS CLAUSE 7 APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8. OUR LIMITATION OF LIABILITY TO YOU
8.1 IF WE FAIL TO COMPLY WITH THESE TERMS, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER AS A FORESEEABLE AND DIRECT RESULT OF OUR BREACH OF THESE TERMS OR OUR NEGLIGENCE, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF THEY WERE ANY OBVIOUS CONSEQUENCE OF OUR BREACH OR IF THEY WERE CONTEMPLATED BY YOU AND US AT THE TIME WE ENTERED INTO THE CONTRACT (I.E. WHEN YOU REGISTERED AS A MEMBER OF OUR WEBSITE).
8.2 WE ONLY SUPPLY THE SERVICES FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY .
8.3 NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR:
(A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE;
(B) FRAUD OR FRAUDULENT MISREPRESENTATION;
(C) OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.
9. Term and termination of your membership
9.1 A Member may at any time and without need to provide any reason end their registration with us by requesting the closure of their Member account. Such request shall be deemed effective 48 hours after receipt by us of the request for closure of the Member account concerned. Such a request will not entitle the Member to reimbursement of, if appropriate, any time remaining on the Member's Subscription.
9.2 Termination of a Subscription by a Member shall be effective on the applicable Subscription's expiration date, provided the Member has notified us at least 48 hours before their Subscription expiration date that of their intention to terminate their Subscription.
9.3 Without prejudice to the other provisions of these Terms, we may terminate a Member's account without prior notification or warning where the Member commits a material breach of these Terms.
9.4 Without prejudice to the other provisions of these Terms, we will notify the Member if they have committed a breach of these Terms. If such a breach is not remedied within 7 days, we may terminate the Member's account.
9.5 A termination as specified in clause 9.3 and 9.4 shall take effect without prejudice to any damages that we may claim from the Member in compensation of the harm suffered by us as a result of such breaches.
9.6 The Member will be informed by e-mail of a termination as specified in clauses 9.3 and 9.4.
10. Communications between us
10.1 When we refer, in these Terms, to "in writing", this will include e-mail.
10.2 If you wish to contact us in writing for any other reason, you can send this to us by e-mail to email@example.com
10.3 If we have to contact you or give you notice in writing, we will do so by e-mail.
11. Other important terms
11.1 We may transfer our rights or obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
11.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
11.3 We may revise these Terms from time to time. Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
11.4 This contract for Services is between you and us. No other person shall have any rights to enforce its terms.
11.5 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
11.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.7 Please note that these Terms are governed by English law. You and we agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland you may also bring proceedings in Scotland.