These conditions indicate
the basis upon which Leamore Internet Ltd and Andrew Mitchell carries out a service of inter community of singles people on behalf of clients
1. Definitions
The following terms shall
have the following meanings
“Agreement”. Leamore Internet Ltd and Andrew Mitchell
(referred to herein as LILA) will provide the service of connecting single
person in return for the payments set out below
“Conditions”: The provisions
set out below which shall be incorporated into this agreement in their entirety
“Post”: means display,
exhibit, publish, distribute, transmit and/or disclose information, details
and/or other material on the service, and the phrases “Posted” and “Posting”
shall be construed accordingly.
“Profile”: means the section
containing details and/or information about you composed and posted by you
“You, your or yourself”:
means anyone whose application for the service is accepted by LILA
2. LILA Obligations
2.1 LILA shall have no
liability for damages, death of or injury to you, claims, proceedings actions,
awards, expenses, costs and any other losses and/or liabilities unless due to
the negligence and other failure of LILA to perform its obligations under this
agreement or under the general law
2.2
LILA shall not be liable to the service user for any defect in the service
contributed to by you and/or any other user.
2.3
LILA shall have no liability to you to the extent that you are covered
by any policy of insurance and you shall ensure that your insurers waive and
any and all rights of subrogation they may have against LILA.
2.4
LILA shall have no liability to you arising out of your use of the service
and/or your reliance on any information and/or other material posted on the
service or posted to you by other service users.
2.5
LILA shall have no liability to you for any:-
Economic and/or other
similar losses: and/or
Special damages and
indirect losses
Consequential losses, for
example, loss of profit, damage to goodwill, loss of data, loss of programs
and/or service interruptions.
2.6
You shall be under a duty to mitigate any loss damage, costs or expenses
that you may suffer
2.7 Our total Liability
to you under and/or arising in relation to any contract shall not exceed 5 times
the amount paid by you for the service (if any) under this contract or the sum
of £500 whichever is the higher.
2.7
Each of the limitations and/or exclusions in this agreement shall be
deemed to be repeated and apply as separate provision for each of:
2.7.1 Liability for breach
of contract:
2.7.2 Liability in tort
(including negligence): and
2.7.3 Liability for breach
of statutory duty: except clause 2.10 above which shall apply once in respect
of all the said types of liability
2.8
Nothing in this contract shall exclude or limit any of your statutory
rights which may not be excluded or limited due to you acting as a consumer
3. Your obligations.
3.1
Allow LILA to exercise their decision, discretion, judgement or opinion
or approval of any matter including photographs mentions in this Agreement or
arising from it.
3.2
To accept that photographs may be rejected if at the discretion of the
LILA shall deem the photograph to be unsuitable and allow LILA to modify submitted
photographs to an appropriate size and/or quality. You also accept that photos submitted may be watermarked by the site your photo is displayed on.
3.3
You shall pay the sum due to LILA under this agreement and without any
set-off deduction, counterclaim and/or any other withholding of the monies.
Any applicable banking charges on such payments shall be borne by LILA.
3.4
All monies paid by you to LILA are non-refundable and cancellation and/or
termination by you or LILA at any time for any reason will not entitle you to
a refund of monies paid.
3.5
You will not transmit and/or post information, pictures and/or any other
material which breaches, infringes, violates and/or is contrary to any law,
by-law, statute and/or regulation or any other parties rights in (including
but not limited to) intellectual property and/or privacy rights.
3.6
You will not use the service to advertise or promote another site, service and/or
business in any way including but not limited to posting any personal e-mail
addresses,
3.7
You will not use the service to solicit other users’ business buy or sell product and/or services through
the service.
3.8
You will not miss-use in any way the service or any information posted on the service.
3.9
You will not post and/or re-produce in any way any information and/or material in
which the copyright, trademark and/or intellectual property belongs to another
party without first obtaining the prior consent of the owners of such rights.
3.10 You will not use the service to post any chain
letters and/or junk e-mail to other users.
3.11 You will not in any way assign
transfer, part with and/or authorise any other person to use your Agreement
with us.
3.12 You will not transmit and/or
post and/or e-mail to another service user any information photographs, pictures
and/or any other material, which in the opinion of the site administrator is
racist, abusive, threatening or likely to cause offence to
another user.
3.13 You will not post numerous messages to different users which are considered identical. LILA has the right to choose what messages are considered as 'identical' and 'numerous'.
3.14 You Shall give
LILA a reasonable opportunity to remedy for which LILA is liable before you incur
any cost and/or expenses in remedying the matter yourself . if you do not do
so LILA shall have no liability to you.
4. Price and payment
4.1
The price of the service will be displayed on sign up page. Any
increases in prices for the service will be shown
4.2
All prices payable under this agreement unless otherwise stated are
inclusive of vat and other duties taxes and any details given in relation to
exchange rates are approximate only and may vary from time to time
4.3
Payment shall not be deemed to be made until LILA received either cash
or cleared funds in respect of the full amount outstanding.
4.4
Subscriptions are automatically renewed. Cancellation of such subscription
will be effective upon that party sending written notice to the other party
of their intention three working days prior to the renewal date or your subscription. This can be done via the feedback page, using the cancellation page or following the instructions shown on your upgrade confirmation email.
4.5
Lifetime payments are a one time payment and not subscription based.
5. Confidentiality
LILA will use all reasonable
commercial endeavours to keep your personal details, such as: your surname,
email address and credit card numbers(s) (where relevant) confidential and will
not divulge or allow to be divulged to any person such information other than
information which is in the public knowledge or it is required to by law.
You are joining a site that forms part of a shared database that is hosted and maintained by LILA but is accessible via all sites across our network.
Leamore Internet Ltd - Data Protection Number Z7700637
Andrew Mitchell - Data Protection Number Z2584497
6. Miscellaneous
6.1
Each party acknowledges that this agreement contains the whole Agreement
between the parties and that this agreement contains the whole agreement between
the parties and that it has not relied upon any oral or written representation
made to it by the other or its employees or agents and has made its own independent
investigations into all matters relevant to it.
6.2
These conditions shall govern the agreement between you and LILA to
the exclusion of any other terms or conditions and you agree to abide by these
terms and conditions.
6.3
Upon applications for membership you will be required to provide LILA
with sufficient information to show that you are 18 years or over and by accepting
these conditions you represent and warrant that you are at least 18 years old.
6.4
These conditions supersede all terms and conditions whether written
or oral and shall replace any terms and conditions previously notified to you
as at the commencement date. Agreements are cancelled as at the commencement
date, but without prejudge to any rights, which have already accrued to either
of the parties. LILA reserve the right to very these conditions at any time.
6.5
employees, sub-contractors and/or agents are not authorised to
make any representations or warranties concerning the service unless confirmed
by LILA in writing.
6.6
LILA reserve the right to monitor and at our option to remove/modify for any
reason any information, photographs and/or other material posted by you.
6.7
LILA shall have the rights to refuse to register applications for membership
and to terminate memberships at any time.
6.8
Your acknowledge that any details posted by you on the service will
be able to be accessed by the members.
6.9
You shall, be responsible for the accuracy of any information necessary
and for adding your email address for LILA to perform the service and for Your
interactions with other users.
6.10 The agreement between
you and LILA shall come into effect on acceptance of your application for
membership. No application for membership shall be deemed to be accepted by
LILA until you have received confirmation of your membership from LILA by email.
6.11 Your details and
Profile will be displayed on the service and you will be able to view the details
and profiles of other users.
6.12
You will not be able to contact or reply to another user’s messages
until LILA has received payment.
6.13
You are solely responsible for your own interactions with other users.
6.14
LILA reserve the rights to make changes to the service as required from
time to time by law or applicable safety requirement provided that they do not
have a material adverse effect on the quality of the service.
7. Termination
7.1 Either party may cancel
this agreement at any time, for any reason. Cancellation of this agreement by
either party will be effective upon that party sending written notice to the
other party of their intentions. To cancel the agreement you must complete the
form on cancellation page.
7.2
The following obligations are conditions of this agreement and any breach
of them shall be deemed a fundamental breach which shall determine this agreement
immediately and the rights and liabilities of the parties shall than be determined
accordance with this clause: -
7.2.1
Your failure to make punctual payment of all sums due to us under the
terms of this agreement.
7.2.2
A breach by you to observe any obligation under this agreement not requiring
notice to be served and in case obligations requiring notice to be served failure
to comply with the terms of any notice.
7.2.3
Persistently breaching the terms of this agreement.
7.2.4
The doing or permitting of any act by which rights in the intellectual
property may by prejudiced or put in jeopardy.
8. Termination consequences
In the event of this agreement
being determined whether by effluxion of time, Notice, breach or other wise:
-
8.1
You shall immediately pay to LILA: -
8.1.1
All arrears of sums due under the terms of this agreement.
8.1.2
All further sums which would but for the determination of this agreement
have fallen due at the end of the term.
8.2
Either party shall be entitled to exercise any one or more of the rights
and remedies given to it under the terms of this agreement and the determination
of this agreement shall not affect or prejudice such rights and remedies and
each party shall be and remain liable to perform outstanding liabilities an
under this agreement notwithstanding that other the other may have exercised
one or more of the rights and remedies against it.
8.3 Any right or remedy
to which either party is or may become entitled under this agreement or in consequence
of the other’s conduct may be enforced from time to time separately or concurrently
with any right or remedy given by this agreement now or afterwards provided
for and arising by operation of law so that such rights and remedies are not
exclusive of the other or others but are cumulative.
9. Intellectual property rights and confidentiality
9.1
All intellectual property rights including without limitation all patents
copyright, design rights (whether registered or unregistered), trade marks (whether
registered or unregistered) and other similar rights wherever existing in the
world together with the right to apply for protection of the same in the service
shall be owned by LILA absolutely.
9.2
You agree that you will keep confidential and not use except for purposes
contemplated by this agreement any and/or all information relating to the service
which may be disclosed to you or which you may learn except where such information
is public knowledge or it is required to be disclosed by law.
10. Guarantee
10.1
The service is provided in its current form and LILA do not guarantee
that the service or any element of the service will meet your requirements,
purpose and/or expectations.
10.2
LILA do not warrant that any of the information and/or material (including
but not limited to the email address and profile) in the service is accurate.
10.3
LILA do not provide any warranty in respect of the service, Results availability,
and/or uninterrupted use of the service.
11. Force Majeure
both parties shall be released
from their respective obligations in the event and or matters which are due
any events outside reasonable control including but not limited to acts
of god national emergency, war, flood, fire, labour disputes, strikes, lock-outs,
riots, civil commotion malicious damage, explosion, governmental actions and
other similar events whereupon all money due under this agreement shall be paid
immediately and in particular : -
11.1
You shall pay to LILA all arrears of payments.
11.2 Each party shall
be liable to pay to the other damages for any beach of this agreement and all
expenses and costs incurred by that party in enforcing its rights under this
agreement.
12.
Indemnity
You agree indemnify and
keep indemnified LILA against any and all losses, proceedings, lost profits,
damages, awards, expenses, costs (including increased administration costs and
legal costs on a full indemnity basis), claims, actions and any other losses
and/or liabilities suffered by LILA and arising from and/or relating to your
use of the service information and/or other material posted on the service by
you and/or arising from or due to any breach of contract, any tortuous act and/or
omission and/or breach of statutory duty by you.
13.
General
13.1 Each party acknowledges
that this agreement contains the whole agreement for the provision of the service
and that it has not relied upon any oral written representation made to it by
the other or its employees or agents and have made its own independent investigations
into all matters relevant to it.
13.2
Any Decision exercise of discretion judgement or opinion or approval
of any matter mentioned in this agreement or arising from it shall be binding
on all parties unless otherwise expressly provided in this agreement.
13.3
Whilst LILA provide every effort to modify photographs and messages there
is no liability on LILA in the event that a message gets sent out un-screened
and with an adult content.
13.4
If any provision of this agreement id declared by any judicial or other
competent authority to be void, voidable, illegal otherwise unenforceable, or
indications to that effect are received by either of the parties from any competent
authority the remaining provisions of this agreement shall remain in full force
and effect unless LILA in their discretion decides that the effect of such declaration
is to defeat the original intention of the parties in which event LILA shall
be entitled to terminate this agreement and the provisions of clause (9) shall
apply accordingly.
13.5
No waiver by LILA of any breach of this agreement shall be considered
as a waiver or any subsequent breach of the same provision or any other provision.
13.6
Unless otherwise stated these terms and conditions will survive termination
and/or cancellation of this agreement for any reason.
14.
Headings
Headings contained in this
agreement are for reference purposes only and should not be incorporated into
this agreement and shall not be deemed to be any indication of the meaning of
the clauses to which they relate.
15. Proper Law and
Jurisdiction.
This agreement shall be
governed by English law in every particular including formation and interpretation
and shall be deemed to have been made in England. The parties agree to submit
to the non-exclusive jurisdiction of the English courts.
