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Terms & Conditions
This Agreement sets out the legally binding terms of your use of matchakiss
and your membership in the Service and may be modified by matchakiss
as needed, such modifications will be effective upon the date of posting
to matchakiss.
1. Definitions
The following terms shall have the following meanings
“Agreement”. matchakissdating.com (referred to herein as
matchakiss) 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 matchakiss
2. Eligibility.
You must be eighteen or over to register as a member of matchakiss.
Membership is void where prohibited. By using the Web site, you represent
and warrant that you have the right and authority to enter into this
Agreement and to abide by all of the terms and conditions of this Agreement.
3. Price and payment
3.1. The price of the service will be displayed on signup page. Any
increases in prices for the service will be shown.
3.2. 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.
3.3. Payment shall not be deemed to have been made until matchakiss
has received either cash or cleared funds in respect of the full amount
outstanding.
3.4. 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
of the subscription.
4. Your obligations
4.1. Allow matchakiss to exercise their decision, discretion, judgment
or opinion or approval of any matter including photographs mentions
in this Agreement or arising from it.
4.2. To accept that photographs may be rejected if at the discretion
of the matchakiss shall deem the photograph to be unsuitable and allow
matchakiss to modify submitted photographs to an appropriate size and/or
quality.
4.3. You shall pay the sum due to matchakiss 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 matchakiss.
4.4. All monies paid by you to matchakiss are non-refundable and cancellation
and/or termination by you or matchakiss at any time for any reason will
not entitle you to a refund of monies paid.
4.5. 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.
4.6. 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,
4.7. Solicit other users’ business buy or sell product and/or
services through the service.
4.8. Mis-use in any way the service or any information posted on the
service.
4.9. 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.
4.10. Post any chain letters and/or junk e-mail to other users.
4.11. In any way assign transfer, part with and/or authorize any other
person to use your Agreement with us.
4.12. 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 sexually explicit, racist,
abusive, threatening or likely to cause offence to another user.
4.13. Post numerous messages to different users which are considered
identical. matchakiss has the right to choose what messages are considered
as 'identical' and 'numerous'.
4.14. You shall give matchakiss a reasonable opportunity to remedy for
which matchakiss is liable before you incur any cost and/or expenses
in remedying the matter yourself. If you do not do so matchakiss shall
have no liability to you.
4.15. You shall not act in anyway that requires matchakiss to intervene
to correct. Doing so will entitle matchakiss grounds to charge for remedial
actions
5. Changes and Cancellations.
5.1. 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.
5.2. 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:
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5.2.1.Your failure to make punctual payment of all sums due to us under
the terms of this agreement.
5.2.2.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.
5.2.3.Persistently breaching the terms of this agreement.
5.2.4.The doing or permitting of any act by which rights in the intellectual
property may by prejudiced or put in jeopardy.
6. Rejections.
6.1. matchakiss reserves the right, without liability, to reject, omit
or exclude any person or to reject or terminate any memberships for
any reason at any time, with or without notice to the member, and whether
or not such membership was previously acknowledged, accepted, or published.
7. Licenses and Indemnification.
7.1. Member grants matchakiss the right to use, reproduce, publicly
display and distribute member's advertisements and collateral information
and warrants that Member has the right to grant such license. Member
represents that the advertiser is the owner or is licensed to use the
entire contents and subject matter contained in its advertisements and
collateral information, including, without limitation, (a) the names
and/or pictures of persons; (b) any copyrighted material, trademarks,
service marks, logos, and/or depictions of trademarked or service marked
goods or services; and (c) any testimonials or endorsements contained
in any advertisement submitted to matchakiss. In addition, Member represents
that the member's advertisements and collateral information do not violate
any applicable local, state or federal law or regulation. In consideration
of matchakiss's acceptance of such advertisements and information for
publication, the advertiser and agency will jointly and severally indemnify
and hold harmless matchakiss and its officers, directors, shareholders,
employees, accountants, attorneys, agents, parent, affiliates, subsidiaries,
successors and assigns from and against any and all third party claims,
damages, liabilities, costs and expenses, including reasonable legal
fees and expenses, arising out of or related to: (i) Member's breach
of any covenants, representations and warranties made therein, (ii)
matchakiss's performance under this contract, and (iii) the copying,
printing, distributing, transmitting or publishing of member's advertisements
or collateral information by matchakiss.
8. Guarantee
8.1. The service is provided in its current form and matchakiss do not
guarantee that the service or any element of the service will meet your
requirements, purpose and/or expectations.
8.2. matchakiss 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.
8.3. matchakiss do not provide any warranty in respect of the service,
Results availability, and/or uninterrupted use of the service.
9. General
9.1. matchakiss reserve the right to monitor and at our option to remove
for any reason any information, photographs and/or other material posted
by you. Whilst matchakiss provide every effort to modify photographs
and messages there is no liability on matchakiss in the event that a
message gets sent out un-screened and with an adult content.
9.2. matchakiss shall have the rights to refuse to register applications
for membership and to terminate memberships at any time.
9.3. Your acknowledge that any details posted by you on the service
will be able to be accessed by the members.
9.4. You shall, be responsible for the accuracy of any information necessary
and for adding your email address for matchakiss to perform the service
and for your interactions with other users.
9.5. The agreement between you and matchakiss shall come into effect
on acceptance of your application for membership. No application for
membership shall be deemed to be accepted by matchakiss until you have
received confirmation of your membership from matchakiss by email.
9.6. Your details and Profile will be displayed on the service and you
will be able to view the details and profiles of other users.
9.7. You will not be able to contact or reply to another user’s
messages until matchakiss has received payment.
9.8. You are solely responsible for your own interactions with other
users.
9.9. matchakiss 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.
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