Article 1. Introduction
1.1 This website is owned and operated by Personal Dating Agent Limited ("Personal Dating Agent"), an English registered company (number 07709905). You can contact us by post at our registered office: 12 Donne Place, SW3 2NG, London, United Kingdom
1.2 Please read these T&Cs carefully. These T&Cs cancel and replace any terms and conditions previously agreed to, even if the latter have not been expressly withdrawn or amended. By registering as a Member or using the Services (whether or not you register as a Member), you agree to be bound by these T&Cs. If you do not accept them in full, you must not register as a Member nor use the Services.
1.3 If you are a consumer your statutory rights are not affected by this agreement.
Article 2. Definitions
Date is an encounter between a Member and another physical person
Dating Agent is a Personal Dating Agent employee in charge of managing the account of a Member
FAQs the frequently asked questions on our Site
Introductory Call is the compulsory phone call that takes place at the beginning of each Member’s subscription
Member a validly registered user of the Services
Member Content information sent by Members to Personal Dating Agent, or sent by Members through a Third Party Dating Website on which the Member is registered, including profiles, personal ads, messages, chat, videos, photographs
Paid Services all Services which Personal Dating Agent makes available to Members with a valid Package or otherwise on payment of a fee
Package a paid fixed rate giving specific access to Paid Services for a specified period of time
Selected Matches are the matches that the Dating Agent selects for the Member on Third Party Dating Websites
Site our website or such other website as we may use to provide the Services from time to time
Services the group of services made available by Personal Dating Agent, the purpose of which is to facilitate meetings between individuals, for personal, leisure and non-business purposes
T&Cs these terms and conditions
Third Party Dating Website: Any third party dating website on which the Member is registered with the assistance of Personal Dating Agent
Article 3. Registration and use of Services
3.1 You are not eligible and must not apply to become a Member if you are under 18 years of age or have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment. (Any breach of this clause is a serious breach of this agreement.)
3.2 We reserve the right in our discretion to refuse any application to become a Member. You shall not become a Member until you receive email confirmation from us.
3.3 You will ensure that all contact and payment information (e.g. email and postal addresses, credit card numbers) which you provide us are accurate and not misleading and that you will update them so that they remain so.
3.4 The equipment (including computer, software, telecommunications systems) used to gain access to Services shall be the responsibility of the Member as shall the telecommunications or other costs incurred by their use.
Article 4. Safety and Security
4.1 We do not provide Internet access or an electronic communication service to the public.
4.2 When arranging to meet another person through use of the Services, you must take appropriate precautions. Any such meetings are at your own risk and are not our responsibility.
4.3 You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind.
4.4 We are not liable if your identity is used by someone else.
4.5 You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a username or password.
Article 5. Member Obligations
5.1 You agree that you will not:
· in connection with the Services breach any applicable law, regulation or code of conduct;
· publish or send any Member Content or communications to us, or through a Third Party Dating Website, which are false or misleading (and you agree to update Member Content to ensure that it does not become false or misleading), sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, xenophobic, abusive, unlawful, deceitful, invasive of another's privacy, offensive, harmful, violent, threatening, harassing, stalking, defamatory, an infringement of third party intellectual property or other rights or which encourage or assist any of the foregoing;
· reveal through the Services any information that enables you to be personally identified or contacted other than through the Services including last name, postal / email address or telephone number;
· provide email addresses to us of other persons or publish or send any Member Content referring to other persons without having obtained their prior consent;
· publish or send any Member Content which links to any third party websites which are illegal or contain inappropriate content;
· do anything which may have the effect of disrupting the Services including worms, viruses, software bombs or mass mailings;
· attempt to gain unauthorised access to any part of the Services or equipment used to provide the Services; or
· use the Services other than for the purposes set out in these T&Cs and that any breach of the foregoing constitutes a serious breach of this agreement (without prejudice to any other serious breach of this agreement which may occur).
5.2 You agree to comply with any guidelines or requirements on our Site as well as any reasonable request or instructions by us in connection with the Services.
5.3 You must notify us in writing immediately if you become aware of any inappropriate behaviour in connection with the Services.
5.4. You agree with the additional obligations in Section 17. “Service Rules and Obligations”
Article 6. Member Content
6.1 It is your responsibility to decide which information to publish or send via Member Content. Personal Dating Agent cannot be held liable for any misuse thereof by any other party.
6.2 We are not liable for Member Content or other activities of Members which may breach the rights of third parties.
6.3 We reserve the right not to accept or to suspend or remove from our Services all or part of any profile, or any other Member Content for any reason.
6.4 We reserve the right to irretrievably delete messages and other Member Content if we exercise any right of termination under this agreement.
Article 7. Intellectual property rights
7.1 The trade marks, logos, graphics, images, photographs, animation, videos, text and software used in the Services are the intellectual property of us or our partners and your right of use is strictly limited to accessing, downloading, printing and reproducing on all media for your own personal, private and non-commercial use of the Services within the scope of these T&Cs. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (except insofar as permitted by applicable law) such content without our prior written consent.
7.2 You may not link to our Site or include it in part or in whole within another external website without our prior written consent.
7.3 You may not copy or otherwise use any Member Content of other Members except insofar as strictly necessary for your own personal, private and non-commercial use of the Services within the scope of these T&Cs.
Article 8. Functioning of Site and Services
8.1 We reserve the right to suspend the Services at any time without notice for repair, maintenance, improvement or other technical reason.
8.2 We reserve the right to change the Services provided such changes do not have a material adverse effect on the quality of the Services.
Article 9. Right to cancel under distance selling regulations
9.1 This section applies to you only if you are a "consumer" as defined in the Consumer Protection (Distance Selling) Regulations 2000 resident within the EU you may cancel your order for the Services by giving us written notice within seven working days of placing your order. Within 30 days of your notice we will provide a refund. However, this right of cancellation does not apply once you have started to use the relevant Services.
Article 10. Payment
10.1Subscriptions can be acquired at the prices, for the periods and by the payment methods specified in our FAQS and Membership Packages prices. Prices are stated in pounds sterling and in United States dollars.
10.2 Where specified on the payment page of our Site when you applied for a Subscription, the Subscription will be auto-renewed for the periods stated. Should you wish to avoid having your Subscription auto-renewed you should contact us at least 48 hours before your Subscription is due to expire in order to terminate your Subscription.
10.3 We may at any time change our price for a Subscription. The new rate takes effect if you apply for a new Subscription (whether or not it is your first Subscription) or manually renew your existant Subscription after we have posted the details of our new price on the Site. Auto-renewals of existing Subscriptions will continue at the old price.
Article 11. Termination
11.1 You may terminate your registration with us by requesting closure of your account in the designated part of our Site. We will implement such a request as soon as reasonably practicable. A request for termination under this clause does not give rise to any refund.
11.2 Without prejudice to any other provision in this agreement (including any right of ours to claim damages), we at any time may suspend or terminate your registration:
· immediately without notice or refund if in our reasonable opinion:a) you have committed a serious breach of this agreement; orb) any Member Content published or sent by you or your continued registration is damaging or potentially damaging to our business
· without refund if you fail to comply with an email from us giving you seven days to comply with this agreement; or
· without cause on seven days notice by email in which case we will provide a full refund of the sum paid for your current Package
11.3 We will notify you by email of any suspension / termination of your registration (or of confirmation thereof). Following such notification, you must not attempt to re-register as a Member or to use our Services except where we notify you that a suspension is lifted.
Article 12. Changes to the T and Cs
12.1 We may change these T&Cs at any time by posting the revised version on the Site. Please check the T&Cs whenever you visit the Site. You will be bound by the revised T&Cs if you continue to use our Services following the effective date shown on the revised T&Cs.
Article 13. Limitation of liability
13.1 This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to us. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
13.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.
13.3 We shall not be liable for any damage to a Member caused or contributed to by that Member, for example by not complying with these T&Cs.
13.4 In no event (including our own negligence) will we be liable for any:
· economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
· loss of goodwill or reputation;
· special, indirect or consequential losses; or
· damage to or loss of data (even if we have been advised of the possibility of such losses).
Article 14. Indemnity
14.1 You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this agreement and/or to your use of the Services.
Article 16. General
16.1 Headings in this agreement are for information only and are not binding. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control. This agreement constitutes the entire agreement between you and us in connection with the Services. We may assign all or part of our rights or duties under this agreement; you may not do without our prior written consent. Any failure by us to exercise or enforce any right or provision of this agreement does not constitute a waiver of it. If any part of this agreement is deemed void or ineffective for any reason, the remainder shall continue in full force. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 unless expressly stated otherwise in this agreement.
Article 17. Service Rules and Obligations for Members
17.1. You agree that you will comply to the following rules when becoming a registered Member. Failure to respect these rules will result in a breach of contract, and will cancel all of Personal Dating Agent’s obligations and liabilities.
· You will not amend your profile (including photos), without notifying your Dating Agent, which information is located on your member Space· You will notify your Dating Agent in advance if you decide to contact anyone on your own on any of the Third Party Dating Websites selected by your Dating Agent· You will not, under any circumstances, contact directly one of the Selected Matches without prior approval from your Dating Agent.· Your schedule needs to allow for a reasonable and sufficient amount of time to be present at a Date, depending on how many dates you have per month, in accordance with the Package chosen. If your Dating Agent determines it is not the case, Personal Dating Agent will no longer be able to guarantee the Dates, and the contract will be terminated· You need to inform your Dating Agent at least 48 hours before a set Date if you wish to cancel or reschedule it.· You need to give your approval to your Dating Agent on the Initial Selection, and all subsequent selections within 24 hours, otherwise we will assume that you are satisfied with it, and will proceed.· You need to respond to your Dating Agent in a reasonable time period in order to achieve the Date objective per month, as defined in your Package
17.2. You agree that the Services provided by Personal Dating Agent will be as follow:
· The effective start date of your subscription is the date on which the Introductory Call with your Dating Agent takes place, not on the payment date.· Personal Dating Agent will select for you 15 matches (the “Initial Selection”) for each Date according to the specifications received by you during the Introductory Call.· The Initial Selection will be done on Third Party Websites.· From this Initial Selection, you will need to select a minimum of 10 matches with whom you would be happy to meet. This does not by any means guarantee that you will meet all of them during the course of your subscription. The number of Dates during your subscription is strictly determined in accordance with the Package you have chosen.· If you are not satisfied with 5 or more matches in the Initial Selection, Personal Dating Agent will provide you an additional set of matches (the “Second Selection”), in order to reach the minimum of 10 matches, up to a total limit of 30 matches per Date.· The matches in the Initial Selection (or any subsequent selection) can be used for several Dates, unless you notify your Dating Agent that they do not fit anymore what you are looking for· We cannot guarantee that the Date goes according to the member’s wishes. Personal Dating Agent will not, under any circumstances, reimburse the Member or replace the Date.
17.3 You agree with that Personal Dating Agent has the right to:
· Refuse any prospective Member, even if an initial payment has been made, if we judge that the prospective Member’s expectations are unreasonable, unethical or unlawful, or that we have any doubt regarding his or her identity or criminal background. The prospective Member will be refunded fully if that is the case.· Terminate without any notification a Member’s subscription if he or she fails to adhere to any of the rules set in 17.1, 17.2 and all other relevant parts in this document.
17.4 You agree with the following rules regarding your Contract with Personal Dating Agent:
· If you are subscribed to a Package of 3 months or more, your account can be put on hold once, at your discretion, if the duration of the hold period is superior to two weeks. You have to give your Dating Agent a week notice, via email· If you are subscribed to a Package of 3 months or more, and you decide you not need Personal Dating Agent’s services anymore, you can transfer your account to somebody of your choice, giving Personal Dating Agent a one-week notice via email and paying a nominal fee of US$160/£99 to cover the new account set-up and transfer. It is your obligation and responsibility to find the person to replace you, and agree with him/her to be compensated for the cost of the subscription. Personal Dating Agent will not reimburse your subscription under any circumstances.
17.5 If you subscribe to the Executive Package:
· You will only meet your agent in person if you are located in London. If you are located anywhere else in the world, you will have the opportunity to do a Skype video call.
· You will only meet your stylist in person if you are located in London. If you are located anywhere else in the world, you will have the opportunity to do a Skype video call.
Article 18. Law and jurisdiction
18.1 This contract shall be governed by English law and any disputes will be decided only by the English courts.