Section
1 - Introduction & Contact Information
1.1 This website is owned and operated by Real Romantics
Limited , a company registered in England (number 05676780).
Our registered office is at: PO BOX 3795, BOURNE END, BUCKS,
SL8 5GG. You can contact us also by post at the same address:
Our VAT Registration number is 924 2630 41.
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withdrawn or amended.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.
Section
2 - Eligibility, Registration and use of Services
2.1 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 sexual misconduct, violence, harassment, assault
or are on any sex offenders register in any country. (Any breach
of this clause is a serious breach of this agreement).
2.2 We reserve the right at
our discretion and at any time to refuse any application to
become a Member.
2.3 You will ensure that all
contact and payment information (eg 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.
2.4 The equipment (including
computer, software, telecommunications systems) used to gain
access to Services shall be the responsibility of the User as
shall the telecommunications or other costs incurred by their
use.
2.5 We reserve the right to
deactivate accounts of Members who have not used the Services
for 3 months or more and for whom no paid services remains valid,
this period of 3 months commences on the date that the last
paid membership expired.
Section
3 - Member Obligations
3.1 You agree that you will not publish or
send any Member Content which links to any third party websites
which are illegal or contain inappropriate content of any nature.
3.2 You agree that you will
not in connection with the Services breach any code of conduct,
applicable law or regulation.
3.3 You agree that you will
not publish or send any Member Content or communications to
us which are false or misleading in addition to ensuring that
you update such Content so that it does not become false or
misleading, vulgar, indecent, obscene, racist, sexually explicit,
sexually suggestive, 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.
3.4 You agree that you will
not 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.
3.5 You agree that you will
not disclose or make accessible to any third party any username(s),
password(s), or similar information allocated to Members or
use them for any purpose other than authentication for the Services.
3.6 You agree that you will
not 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.
3.7 You agree that you will
not use the Services for any commercial, professional or non-private
purposes which will include any advertising, prostitution, canvassing,
soliciting or trading of any description.
3.8 You agree that you will
not use the Services for pyramid selling or similar or fraudulent
schemes, junk mail or spam of any description.
3.9 You agree that you will
not do anything which may have the effect of disrupting the
Services including viruses, software bombs, worms or mass mailings
of any description.
3.10 You agree that you will
not make any 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).
3.11 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.
3.12 You must notify us in
writing immediately if you become aware of any inappropriate
behaviour in connection with the Services any inappropriate
behaviour or suspicious profiles to our customer
services team.
3.13 You consent to being
opted-in to the social buddies area of the Site by virtue of
joining the Site as a member. You can choose to opt-out and
opt-in again to the social buddies area by simply changing your
social buddies settings within that area of the Site.
Section
4 - Member Content
4.1 It is your responsibility to decide which
information to publish or send via Member Content. Real Romantics
cannot be held liable for any misuse thereof by any other User
or third party.
4.2 We reserve the right to
suspend or remove from our Services all or part of any profile,
personal ad or any other Member Content for any reason at any
time.
4.3 We are not liable for
Member Content or other activities of Members which may breach
the rights of other Users or third parties.
4.4 We permit Members to notify
us of any inappropriate Member Content. You acknowledge that
such notification may take place and that we may take steps
outlined in these T&Cs in respect of such information which
comes to our attention.
4.5 We reserve the right to
irretrievably delete messages and other Member Content after
any period stated in our FAQs or if we exercise any right of
termination under this agreement.
Section
5 - Security & Safety
5.1 When arranging to meet another person through
use of the Services, you must take appropriate precautions and
follow the safety guidelines in our FAQs. Any such meetings
are at your own risk and are not our responsibility.
5.2 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.
In such case you should immediately amend your password, using
the Services.
5.3 We are not liable if your
identity is used by someone else.
5.4 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.
5.5 We do not provide internet
access or an electronic communication service to the public
in addition to brokering marriages or give advice on long-term
relationships.
5.6 We do not have any contractual
obligation or technical means to verify the identity of persons
who register as Members or use our Services or to verify or
monitor Member Content, we do however reserve the right to monitor
if we think it appropriate any Content. You should not assume
that any Member Content is accurate. A person may not be who
he or she claims to be. We cannot be liable for false or misleading
statements by Members. You must take appropriate steps to investigate
Member Content if you intend to act on it.
Section
6 - Intellectual property rights
6.1 You grant us a worldwide, perpetual, non-exclusive,
royalty-free licence to use (including for publicity), copy,
alter, adapt, translate, display, sublicence or assign your
Member Content on or via our Services or otherwise and on any
distribution media including electronic media (including email,
SMS, MMS, WAP, Internet, CD-Rom or DVD-Rom), and audiovisual
communications media (including press, radio, analogue television,
digital television, cable or satellite). You waive your moral
rights in relation to Member Content.
6.2 The images, photographs,
animation, any registered trademarks, logos, graphics, videos,
text and software used in the Services are the intellectual
property of Real Romantics Limited 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.
6.3 You may not link to our
Site or include it in part or in whole within another external
website without our prior written consent.
6.4 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 Terms & Conditions.
Section
7 - Services and Functionality of Site
7.1 We do not guarantee that our Services will
be uninterrupted or error-free or will achieve particular results
nor do we guarantee the integrity or security of data. We will
use our reasonable endeavours to rectify faults if they do occur.
7.2 We reserve the right to
suspend the Services at any time without notice for repair,
planned maintenance, improvement, upgrades or other technical
reason.
7.3 We reserve the right to
make changes to the Services provided such changes do not have
a material adverse effect on the quality of the Services.
7.4 To properly use the Services,
you must have the necessary hardware, software and settings
specified in our FAQs. You will also need reliable internet
access.
7.5 We will not be liable
for anything under this contract that is related to the Services
or functionality of the site which is beyond our reasonable
control (including, without limitation, disputes involving our
employees).
Section
8 - Your right to cancel under distance selling regulations
8.1 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.
Section
9 - Payment & continuous membership plan renewals
9.1 While certain Services are available free
of charge, you acknowledge that the Paid Services are available
only to full Members on Payment of a fee. Prices are stated
in pounds sterling and include tax unless otherwise stated.
9.2 Where specified on the
payment page of our Site when you applied for a full membership,
your membership plan will be auto-renewed for the same duration
as originally stated. You can cancel auto-renewal by following
the instructions contacting our customer
services team.
9.3 We may at any time change
our price for a Paid membership fees. The new rate takes effect
if you apply for a new membership (whether or not it is your
first membership) after we have posted the details of our new
price on the Site. Auto-renewals of existing memberships will
continue at the same price as originally stated.
Section
10 - Cancellation & Termination of Membership
10.1 You may at any time terminate your registration
with us (whether or not you have a full membership) by requesting
“cancel my account” by contacting our customer
services team 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.
10.2 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.
10.3 Immediately without notice
or refund if in our reasonable opinion:
a) you have committed a serious
breach of this agreement; or
b) any Member Content published or sent by
you or your continued registration is damaging or potentially
damaging to our business or other Users; or
c) without refund if you fail to comply with
an email from us giving you seven days to comply with this agreement;
or
d) without cause on seven days notice by email
in which case we will provide a full refund of the sum paid
for your current Membership.
10.4 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.
Section
11 - Changes to the Terms & Conditions
11.1 We may change these Terms & Conditions
at any time by posting the revised version on the Site. Please
check the Terms & Conditions whenever you visit the Site.
You will be bound by the revised Terms & Conditions if you
continue to use our Services following the effective date shown
on the revised Terms & Conditions.
Section
12 - Third party websites
12.1 We or third parties may provide links
on our Site to third party websites. You use them at your own
risk. We do not review such sites. We do not recommend or endorse
any specific sites nor are we responsible for the content of
those sites or any goods or services offered thereon. If in
the course of performing a search on our site you encounter
any third party website the use of which would violate applicable
law, you must immediately cease use of such website.
Section
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 User caused or contributed to by that User,
for example by not complying with these Terms & Conditions.
13.4 Our liability of any
kind (including our own negligence) with respect to the Services
for any one event or series of related events is limited to
twice the total fees payable by you in the 12 months before
the event(s) complained of or the sum of £100 whichever
is higher.
13.5 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). In addition to this we are not liable for any
amount for the acts or omissions of providers of telecommunication
services, or for any faults in or failures of their networks
and equipment.
Section
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.
Section
15 - General
15.1 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 so 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.
Section
16 - Law and jurisdiction
16.1 This contract shall be governed by English
law and any disputes will be decided only by the English courts.
Section
17 - Definitions
FAQ'S - Frequently asked questions on our site
MEMBER - A validly registered user of the Services,
whether paid or unpaid
MEMBER CONTENT - Information published by Members
on the Services, or sent by Members to to other Members through
the Services, including profiles, personal ads, messages, chat,
videos, photographs, sound
PAID SERVICES - All Services which Real Romantics
makes available to Members with a full membership on payment
of a fee for a fixed rate giving unlimited access to Paid Services
for a specific period
SITE - Our website at www.realromantics.com
or such other website as we may use to provide the Services
from time to time
SERVICES - The group of services made available
by Real Romantics, the purpose of which is to facilitate online
meetings between individuals, for personal, leisure and non-commercial
purposes and which is accessible from multiple platforms (including
the Site, SMS, MMS, WAP) whether with or without payment
TERMS & CONDITIONS - These terms and conditions
USER - Means any person who uses the Services
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