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1. ACKNOWLEDGEMENT AND ACCEPTANCE OF MEMBERSHIP AGREEMENT
Wheresmy Limited, Business Number 34902448-000-09-05-0 of 1217 RBS Tower, Times Square, 1 Matheson Street, Hong Kong (Telephone +852 62960954)
“Wheresmydate.com”, provides an online dating service
(the "Service") through the Wheresmydate.com web-site ("this website"). The
Service is being provided to you under the terms and conditions of this Membership
Agreement and any operating rules, policies, and procedures as currently published
from time to time on this website by Wheresmydate.com and as may be changed
in the future as contemplated in Clause 3 below (collectively, the "Rules").
Such provisions are deemed to be incorporated by reference.
By using the Service, you are indicating your
agreement to be bound by all of the terms and conditions of the Rules. If you
do not accept all of these Rules, do not continue to use the Service
2. REGISTRATION AND ELIGIBILITY
In order to use the Service, you must: (a) be over 18 years of age; (b)
not have a criminal record; (c) provide certain current, complete, and accurate
information about yourself on the Registration Form; and (d) maintain and update
such registration information ("Registration Data") so that such information
remains current, complete and accurate. The Service is available only to individuals
who satisfy our credit checks. Wheresmydate.com may refuse to offer its Service
to anyone without the need to give any reason and may change its criteria for
Membership at any time. Wheresmydate.com shall notify you if you have been accepted
and registered as a Member. If any Registration Data that you provide is untrue,
inaccurate, not current or incomplete, Wheresmydate.com retains the right to
terminate your Membership immediately.
3. MODIFICATIONS TO RULES
Wheresmydate.com may change the Rules from time to time. Upon any such change,
Wheresmydate.com will post the amended Rules on this website and notify you
that the Rules have been changed. The amended Rules shall automatically become
effective immediately after they are initially posted on this website and any
use of the Service occurring after such date shall be subject to the amended
Rules. The Rules may not otherwise be amended, except in writing signed by both
parties. Your continued use of the Service after the posting of the amended
Rules on this website constitutes your acknowledgement of the Rules and its
modifications and agreement to abide by and be bound by the Rules, as amended.
4. MODIFICATIONS TO SERVICE
Wheresmydate.com reserves the right, without liability, to modify or discontinue
any part of the Service, temporarily or permanently. Wheresmydate.com shall
give you the maximum amount of notice of such modification or discontinuance
as is practicable in the circumstances. Such notice will be made by Wheresmydate.com
posting the changes on this website.
5. THIS WEBSITE IS ONLY A VENUE
This webite provides a venue for Members to meet other Members. Wheresmydate.com
serves to assist in this by giving Members the opportunity to post their details
on this website and liaise with other Members. You acknowledge and accept that
any details posted by you on the Service will be displayed on this website and
will therefore be accessible by other Members.
Through its eligibility requirements
for Membership, Wheresmydate.com strives to ensure the worthiness of its Members.
However, as a result of Wheresmydate.com's limited role, it has no control over
the quality, compatibility or safety of the Members; or of the truthfulness,
accuracy or completeness of any posting on this website. Because Wheresmydate.com
does not review the substance of the postings on this website, you must be careful
in dealing with other Members to recognise the possibility that other Members'
information may, despite the prohibitions set out in these Rules, be inaccurate
or deceptive. We strongly recommend that you follow our dating tips set out
in our [Introduction Letter] and on this website.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
A. Member Accounts - Access to and use of the Service is through a combination
of User Name and Password.
B. Security - You shall ensure that you maintain the confidentiality your
own User Name and Password and shall not permit any unauthorised third party
to use the Service on your behalf. You agree to immediately notify Wheresmydate.com
of any unauthorised use of the Service or your account or any other breach of
security known to you.
7. FEES Membership fees for subscriptions to Wheresmydate.com are
as follows:
1 month = GBP£ 14.95
3 months = GBP£ 29.95
Refunds will be given at the discretion of the Company Management.
8. PROPRIETARY RIGHTS
A. You acknowledge that content, including but not limited to text, software,
music, sound, photographs, video, graphics or other material contained on this
website or in sponsor advertisements or commercially produced information presented
to you as part of the Service ("Content") is protected by copyright, trademarks,
service marks, patents or other proprietary agreements and laws and you are
only permitted to use this Content as expressly authorised by Wheresmydate.com,
its advertisers or Members, as applicable. These Rules do not transfer any right,
title, or interest in the Service or the Content to you, and you may not copy,
reproduce, distribute, or create derivative works from this Content without
expressly being authorised to do so by Wheresmydate.com, its advertisers or
Members, as applicable.
B. You hereby irrevocably grant to Wheresmydate.com all such rights in any
content that you place on this website as shall be necessary for Wheresmydate.com
to provide the Service to its Members.
9. MEMBER CONDUCT
A. Member is Solely Responsible for Conduct. You agree that you are solely
responsible for the actions of anyone using any User Name provided to you and
the content of your transmissions through the Service.
B. No Illegal or Deceptive Acts. You agree:
1. to abide by all applicable laws and regulations in your use of the Service
including, without limitation, the Personal Data (Privacy) Ordinance of the Hong Kong Special Administrative Region;
2. not to impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity;
3. not to use the Service for illegal or immoral purposes; and
4. to comply with all regulations, policies and procedures of networks connected
to the Service.
C. Unsuitable Material. You agree:
1. not to post, promote or transmit through the Service any unlawful, harassing,
defamatory, abusive, threatening, harmful, vulgar, obscene, hateful, racially,
ethnically or otherwise objectionable material of any kind or nature;
2. not to transmit or post any material that encourages conduct that could
constitute a criminal offence, give rise to civil liability or otherwise violate
any applicable laws or regulations;
3. not to interfere with another Member's use and enjoyment of the Service
or another entity's use and enjoyment of similar services, or engage in surveys,
contests, chain letters or post or transmit "junk mail", "spam", "chain letters",
or unsolicited mass distribution of e-mail;
4. not to use the Service to promote another service, site and/or business
or solicit other Members’ business or buy or sell products and/or services;
and
5. that Wheresmydate.com neither endorses the content of any Member or advertiser
communications, postings or data nor assumes any responsibility for any threatening,
libellous, obscene, harassing or offensive material contained in such materials,
or any crime facilitated by use of this website.
D. System Integrity
You agree:
1. not to upload or distribute in any way files that contain viruses, corrupted
files, or any other similar software or programs that may damage the operation
of another's computer;
2. not to interfere or disrupt networks connected to the Service;
3. not to use any device, software or routine or attempt to interfere with
the proper functioning of this website; and
4. not to take any action that imposes an unreasonable or disproportionately
large load on Wheresmydate.com's infrastructure.
E. Copyright Infringement. In the event that you post or make accessible
communications or other materials that infringe the copyright of a third party,
Wheresmydate.com may immediately terminate your access to the Service.
Wheresmydate.com may, at its sole discretion, immediately terminate your
access to the Service should your conduct fail to conform with any provision
of this Clause 9.
10. DISCLAIMER OF WARRANTIES
Whilst Wheresmydate.com strives to ensure the highest quality of service to
its Members, Wheresmydate.com cannot guarantee that the Service will meet your
requirements or that the Service will be uninterrupted, timely, secure, or error
free. Because Wheresmydate.com is not involved in Member to Member dealings
(except to the limited extent detailed in Clause 5), Wheresmydate.com makes
no warranty regarding the results that may be obtained from the use of the Service,
the suitability of any dates or as to the accuracy or reliability of any content
or any information obtained through the Service.
11. LIMITATION OF LIABILITY
Wheresmydate.com shall not be liable for any damages for loss of profits,
use, data or other intangible property or any indirect, incidental or consequential
damages, resulting from the use or the inability to use the Service or resulting
from unauthorised access to, deletion or alteration of your transmissions or
data or failure of the Service to store your transmissions or data.
Because Wheresmydate.com is not involved in Member-to-Member dealings (except
to the limited extent detailed in Clause 5), Wheresmydate.com accepts no responsibility
for the actions or postings of other Members.
Wheresmydate.com shall not be
liable for any delay or failure to perform due to government restriction, strikes,
war, any natural disaster or any other condition beyond Wheresmydate.com's reasonable
control.
Wheresmydate.com's liability to you in any circumstances is limited to the
amount of fees or commissions collected by Wheresmydate.com from you.
However,
nothing in these Rules shall limit Wheresmydate.com’s liability for death or
personal injury caused by its own negligence nor for its fraudulent misstatement.
12. DATA STORAGE
Wheresmydate.com reserves the right to establish a limit on the amount of
memory or other computer storage a Member may utilise through the Service and
Wheresmydate.com assumes no responsibility for the deletion of, or failure of
the Service to store, your transmissions, data or posting.
13. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Wheresmydate.com, its parents,
subsidiaries, affiliates, officers and employees, against all liabilities, claims
and expenses that may arise from any breach of these Rules by you.
14. TERMINATION & EFFECT
A. Termination by Member. You may terminate your Membership or your access
to any part of the Service with or without cause at any time and effective immediately
by serving written or electronic notice on Wheresmydate.com. Should you object
to any provision of the Rules or any subsequent modifications thereto, your
only recourse is to immediately: (a) terminate use of the Service; and (b) notify
Wheresmydate.com of termination.
B. Termination by Wheresmydate.com. Wheresmydate.com may terminate your
Membership:
1. by serving 1 day’s notice of termination on you; or
2. immediately if you have breached these Rules (including without limitation
if you have breached the requirements of Clause 9).
C. Upon Termination. Upon termination of the Service, your right to use
the Service immediately ceases and you acknowledge and agree that Wheresmydate.com
may immediately delete the files in your account, bar any further access to
such files or the Service.
Upon termination of these Rules, you shall not be entitled to a refund of
any fees paid to Wheresmydate.com.
Wheresmydate.com shall not be liable to you or any third party for termination
of your Membership in accordance with these Rules.
15. THIRD PARTIES
Wheresmydate.com is not the agent, fiduciary, trustee, partner or other representative
of any Member.
16. NOTICES
All notices to a party shall be in writing and shall be made via e-mail
to; grace@wheresmydate.com for notices to Wheresmydate.com, or to the
e-mail address that you provide to Wheresmydate.com as part of the Registration
Data for notices to you, or such other address as either party may specify in
accordance with this Clause. Notice shall be deemed given immediately once the
e-mail is sent, unless the sending party is notified that the e-mail has not
been received.
17. GENERAL
In the event that any provision of these Rules shall, in whole or in part,
be determined to be invalid, unenforceable or void for any reason, such provisions
shall be severed and the remainder of these Rules shall continue in full force
and effect. Wheresmydate.com's failure to act with respect to a breach by you
or others does not waive its right to act with respect to subsequent or similar
breaches. These Rules shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region and shall be subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
These Rules and any modifications hereto constitute the
entire agreement between the parties with regard to the subject matter hereof
and supersede all prior understandings and agreements, whether written or oral,
as to such subject matter (except for fraudulent misrepresentations). Wheresmydate.com
reserves the right to assign or sub-contract any or all of its rights under
these Rules. You shall not, without Wheresmydate.com’s prior written consent,
assign these Rules.
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