Upon our request you agree to sign a non-electronic version of this Agreement.
• Who we are
• The Services we are providing
• How you can access our Services
• Information about billing and subscriptions (including automatic repeat billing and price changes)
• Your obligations as a user of our services and restrictions on your content
• Our rights to use your content
• Your rights to cancel your membership
• Our rights to terminate this Agreement
• Ways you can contact us and our complaints handling process
• Legal disclaimers, warranties and indemnities
1. THE PARTIES TO THIS AGREEMENT
We may, from time to time, create profiles which are created, maintained and managed by our employees (“Staff Profiles”). The purpose of these Staff Profiles is to enable us to ensure our Services are operating properly by testing the Services, features and functionalities, and to research our products and Services. All Staff Profiles will be identifiable as such and in the event that you opt to communicate or interact with a Staff Profile you will be made aware of the nature of this Staff Profile. Please refer to our Dating Help and Safety Tips page which provides information on our Dating Advisors, which is another feature available on some of our Services (planned roll out throughout 2013, please check Dating Help and Safety Tips to see if they are available on the Service you are using), involving the creation of Staff Profiles for the purposes of offering a live help feature to you.
2. THE SERVICES
We provide on line entertainment and social services through our websites and mobile applications enabling you to contact and engage in interaction with other users of our various sites and apps, including those of our Group Companies and Partner Sites (collectively our websites and apps are referred to here as the “Services”).
We also reserve the right to stop offering the Services.
3. HOW YOU CAN ACCESS OUR SERVICES
You can access the Services in the following ways, and by website visits or mobile applications:
(1) By visiting as a guest without registering (“Guest”);
(2) By registering for the Services as a non-paying member (“Basic Member”); or
(3) By registering for the Services as a member and purchasing a subscription package (“Paid Member”).
Throughout these terms we will make reference to Guest, Basic Member and Paid Member. When the clause is relevant to all members, we shall simply use the term “member” or “users” to mean all users, whether Guests, Basic, or Paid.
4. ABOUT SUBSCRIPTIONS AND BILLING
A. GUEST/BASIC MEMBER FEES / CHARGES
There is no fee payable to access the Services as a Guest or as a Basic Member.
However, please note that accessing the Services as a Guest of a Basic Member will only give you limited access to features and areas of the Services. Full access will require to you upgrade to become a Paid Member, by paying for a subscription package.
B. PAID MEMBER FEES / CHARGES
If you would like full access to all features and areas within the Services, you should purchase one of our Subscription Packages which can differ across our various websites.
In general, we offer:
• 3 day or 1 week trials (with some services offering 1 hour trials); and/or
• 1, 3 or 6 month packages.
The fees payable for each of our Subscription Packages are set out on the payment page of the at the point of making payment. Please review the payment page very carefully when you come to make payment.
Please be aware that when you subscribe to any package, including the trial period, you will become liable for automatic renewal billing.
We reserve the right to alter these subscriptions packages at any time. If we alter the price of a package that you are already paying for, we will provide notice of the change to (in accordance with our process noted below at section 4(D)) you and you will have the option to cancel your membership if you do not agree with the new price being offered to you.
C. AUTOMATIC RENEWAL BILLING
We operate an automatic renewal billing policy.
This means that once your initial membership period has expired, for your convenience, your membership will automatically be renewed at the same rate that you signed up for using the original payment method. For example if you pay by credit card, we will continue to debit this same credit card as each subscription period expires. We will only debit these repeat payments when your current payment period expires and not before.
D. PRICE CHANGES
We reserve the right to alter our packages at any time and any change in your subscription price will be notified to you by email to the address you have provided when you signed up to the Services, at least 7 days prior to the new subscription price being implemented. You will then have the option to cancel your membership if you do not agree to this price change.
E. DISPUTES ABOUT BILLING
In the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us either by email or telephone, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you.
Please note if you have made payment for our application through Apple’s iTunes service, in accordance with Apple’s developer policies, we shall not issue any refunds if you have purchased our app in this way.
5. YOUR USE OF OUR SERVICES
A. PERSONAL USE
Your account is for your personal use only. You may not authorise others to use your account or attempt to use another member’s account without first obtaining their consent. You must not assign or otherwise transfer your account to any other person or entity.
You are solely responsible for you own actions and those of anyone using your account, and assume all liability regarding, (i) the information and content you or anyone using your account, posts on your behalf; (ii) the information and content you or anyone using your account post, transmit, publish, or otherwise make available through the Services; and (iii) your or anyone using your account’s interactions with other members through the Services.
B. YOUR USE OF OUR SERVICES: INFORMATION YOU SUBMIT
If you register with us to use our Services, you warrant that you will:
• Provide all the information required to complete the registration forms for our Services;
• Ensure the information you provide is complete, accurate and up to date and you will promptly update all information to keep your account and billing information complete and accurate upon any change (such as change of billing address, credit card number or expiration date);
• You have not and will not access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs of your jurisdiction, of the United Kingdom, of Australia or of the United States of America;
• Your use of the Services is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs;
• If you create an account (as a Basic or Paid Member), you (i) have never been convicted of a felony; and (ii) are not required to register as a sex offender with any government entity or agency; and
• You are either single or separated from your spouse or domestic partner;
• Only post information and content that is relevant to our members (please see below under ‘Restrictions on your use of the Site’ for further details of the restrictions on the type of information and content you can post);
• Be fully responsible for all use of your account and for any actions that take place using your account whether by yourself or any other person using your account; and
• Only post genuine ratings of and comments on other members’ profiles and other content based on your personal experience. Please note that any comments you make, if false, could be defamatory and could lead to legal proceedings being taken against you.
Please note that we do NOT conduct any form of background screening, criminal or otherwise on any user or member of our Services in any territory.
C. RESTRICTIONS ON YOUR USE
You agree that you will not post any content on through the Services, transmit any content to others, communicate any content, provide links to any content, or otherwise engage in any activity through the Services that, in our sole judgment:
• impersonates or otherwise misrepresents affiliation, connection or association with, any person or entity;
• discloses any personal or confidential information of any person or organisation without first obtaining their consent or solicits another person’s personal information for commercial or unlawful purposes;
• discloses, solicits or requests personal information from anyone under the age of 18 or discloses or solicit passwords for unlawful purposes;
• contains any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
• promotes racism, bigotry, hatred or physical harm against any group or individual;
• promotes or enables illegal or unlawful activities;
• is intended to harass, annoy, threaten or intimidate any other members or other people or organisations;
• is defamatory, inaccurate, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy, harms minors in any way (a minor being a person aged under 18) or which may cause annoyance or inconvenience;
• is deliberately misleading or fraudulent;
• contains others’ copyrighted content (such as music, videos, photographs, images etc) trademarks, patents, trade secret or other proprietary information, without first obtaining their consent;
• uses the Services for chain letters, junk mail or spam e-mails;
• advertises or solicits any member to buy or sell any products or services including but not limited to uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, “affiliate marketing codes,” “link referral code,” or any other form of commercial solicitation;
• interferes or disrupts networks connected to the Services or attempts to interfere with the proper functioning of the Services (including imposing an unreasonable load on the technical infrastructure used to operate the Site);
• contains any material which may infringe or violate any third party’s rights;
• violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the various governments as a foreign terrorist organisation;
• “stalk” or otherwise harass another person or user or member;
• collect or store personal data about other users or members without their consent (including, but not limited to, through the use of scripts, bots or web crawlers) or upload, post, email, transmit, chat or otherwise disclose other users’ or members’ private information;
• post a profile or send a message to a user for any purpose other than to interact with other individuals online;
• delete or revise any content or material posted by any other person or entity;
• access data not intended for such user or logging into a server or account which the user is not authorized to access;
• attempt to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the site without proper authorization;
• attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, “flooding”, “spamming”, “mail bombing” or “crashing” or otherwise attempting to deny service to the Site or the server of any user;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
• send unsolicited messages, including promotions and/or advertising of products or services.
• forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting for any reason.
• use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user or member without their prior express consent.
If you breach the terms of this subsection regarding the sending or posting of unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, we reserve all rights, claims and causes of action we may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties for each such unsolicited communication you send through the Services.
We actively encourage all users to report any breaches of these terms to us.
D. OUR RIGHT TO REMOVE CONTENT
E. SECURITY OF YOUR LOGIN DETAILS
You agree that you are responsible for keeping your screen name and password for your account secret. You acknowledge that we are not responsible for third party access to your account that results from sharing your login or other account details or personal information by you or the theft or misappropriation of your screen name and password. We reserve the right to suspend your access to the Services or terminate your account if we suspect an unauthorised person is attempting to access it.
F. REPORTING A BREACH OF THESE USER TERMS
G. RISKS OF USING OUR SERVICES
You assume all risk when using the Services, including but not limited to, all of the risks associated with any online or offline interactions with others, including dating. You understand that we are unable to guarantee the accuracy or completeness of information provided to you by or about other members, and that we are unable to confirm that any member is who he or she claims to be.
You acknowledge that we have no liability in respect of other members of the Services, or any party who contacts you through the Services. We do not conduct criminal or any other background checks on any member in any territory and you should exercise caution. Please review our Dating Help and Safety Tips.
You understand that we make no guarantees or warranties, either express or implied, regarding your ultimate compatibility with individuals you meet through the Services or as to the conduct of such individuals. You further understand that we make no guarantees or warranties as to the number or frequency of matches made available to you through the Services.
H. INFORMATION ABOUT YOU AND YOUR USE OF THE SERVICES
I. MEMBERS OUTSIDE THE EEA
By registering and creating a member profile you consent to the wider dissemination of the information you provide in that profile to the other users of the Services, our Group Companies and third party service providers, some of whom may be outside the European Economic Area (‘EEA’), to allow you to date in an online environment. We will keep your personal information confidential except: (i) where you or anyone using your account have posted it for publication or display; or (ii) to the extent that we are compelled to disclose it by law or to comply with an instruction of a regulatory body of competent jurisdiction.
6. OUR RIGHTS
A. OUR PROPRIETARY RIGHTS
B. TO USE YOUR CONTENT FOR OUR OWN PURPOSES
By posting information or content including but not limited to copyrighted content, name and likeness and photographs to your profile pages or any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant to us, our Partner Sites and Group Companies, a non-exclusive, royalty free, worldwide licence to use, copy, publish, display, reformat, translate and distribute, and broadcast, such information or content and to grant and authorise sub-licences of the same. You further waive any moral or potential infringements rights you may have in any such information or content.
Specifically please note that we may use any of your content, including your photographs, for the purposes of advertising or publicity. If you do not wish us to do this, please contact us.
7. THIRD PARTY RIGHTS
We have in place procedures for handling claims that content displayed on any of our Group Companies sites infringes a third party’s copyright. Pursuant to the Digital Millennium Copyright Act of 1998, as amended (“DMCA”), notifications of claimed copyright infringement under United States copyright law should be sent to our Designated Agent specified in the Notice and Procedure for Making Claims of Copyright Infringement. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
8. CANCELLING YOUR MEMBERSHIP AND CUSTOMER COMPLAINT HANDLING
(A) TERM AND TERMINATION
Your subscription will be automatically extended for successive renewal period of the same duration as the subscription term originally selected, at the then current non-promotional subscription rate in accordance with the Automatic Renewal Billing process explained in these terms.
Please note that you must terminate your subscription prior to the end of the subscription period for which you have paid to avoid being charged for the next subscription period. To change or terminate your subscription at any time, please follow the subscription cancellation procedure described in the Help section. Either you, or us, may terminate your user account at any time and for any reason by sending notice to the other.
We reserve the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion.
(B) YOUR RIGHTS TO CANCEL AT ANY TIME
You may cancel your subscription and membership (free and paid) by visiting the ‘My Account’ section of the site that you are a member of, and following the relevant link to Remove Your Account.
Alternatively, you may cancel your registration or subscription at any time by giving us notice of your wish to cancel by telephone or email:
When emailing us you must include your profile information (screenname and email address) in order that we can verify that you are in fact the account holder authorised to amend the account.
Please be aware that any notice of intention to cancel shall take effect upon receipt by us.
(C) 7 DAY CANCELLATION RIGHT (FOR UK RESIDENTS)
However, if you use the Services in any manner after your subscription, you will lose your cancellation right. For avoidance of doubt, Use of the Services in respect of this cancellation right means sending any communication to another user, actively conducting searches of user profiles, viewing photos of other members, or making changes to your profile including your photographs and other publicly visible profile information, or updating or amending any account settings or preferences (unless such settings e.g. email address were inputted incorrectly at sign up and you are seeking to simply amend these entries to be more accurate records).
In the event that any refund is given, this should be refunded within three (3) business days, depending on payment method and other factors that may affect refund time.
(D) OUR CUSTOMER COMPLAINT POLICY
When emailing us you must include your profile information (screenname and email address) in order that we can verify that you are in fact the account holder authorised to amend the account.
9. LEGAL DISCLAIMERS, WARRANTIES & INDEMNITIES
A. DISCLAIMER OF WARRANTIES
This section will apply to the maximum extent permitted by applicable law.
We do not make or grant (and hereby exclude) any warranties, representations, conditions or terms of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
We do not warrant that your use of the Services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Services will be corrected. We disclaim liability for, and no warranty, representation, condition or other term is made with respect to, the connectivity and availability of the Services.
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) warrant or guarantee the accuracy, completeness or usefulness of any information provided on the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, provided through the Services, or transmitted to or by any Guests, Basic Members or Paid Members.
B. LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event will we, , be liable for any direct, indirect or consequential loss or damage arising out of or relating, directly or indirectly, to the use or inability to use the Services, including, without limitation, loss of income or revenue, loss of corruption of data or programs, loss of goodwill and loss of anticipated savings, even if we know or have been advised of the possibility of such loss arising.
To the maximum extent permitted by applicable law, in no event will we be liable for any claims, losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other claims, losses or damages resulting from communications or meetings with other users of the Services. This includes and is not limited to any claims, losses or damages arising from the conduct of members who have registered under false pretences or who attempt to defraud or harm you.
We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right.
D. LINKS TO OTHER THIRD PARTY SITES
Where any of our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
10. ENTIRE AGREEMENT, GOVERNING LAW AND CLASS ACTION WAIVER
A. ENTIRE AGREEMENT
You must be over the age of 18 when signing up to this site any person found not to be so will be removed immediately.
B. JURISDICTION AND APPLICABLE LAW
C. CLASS ACTION WAIVER
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
1. Minimum attendance numbers
1.1 Our events guarantee a minimum of 8 dates at any regular speed dating event. If you meet less than 8 people at any one event, you will be offered a complimentary ticket to another regular speed dating event. No refunds will be granted.
1.2 Some social events such as wine tasting, walks, bowling, rock climbing etc require a minimum of 12 guests to go ahead. If the minimum is not met you will be offered a half price ticket to another social event, or a free ticket to a regular speed dating event or party.
1.3. While we aim to have a 50/50 gender split at every event, this is not guaranteed and may not always be possible due to no shows etc. At regular speed dating events, if the there is a difference of more than 5 guests, you will be offered a complimentary ticket to another event of the same value. At the large parties, a minimum of 40/60 will be achieved in the gender balance. If this is not reached you will be offered a complimentary ticket to another party. No refunds will be issued for imbalanced numbers due to the unpredictability of ‘no shows’.
2. COSTS OF EVENTS & OUR EVENT GUARANTEE
2.1 As part of your membership we will inform you through our Services about our events.
2.2 The price of attending an event will be confirmed on our site.
2.3 We guarantee that you will meet someone you would like to see again at each PAID event. If you do not meet someone you would like to see again you can come to another event free of charge.
2.4 The guarantee only offers free tickets to events you have not already booked for. We will not refund tickets already booked for future events under the guarantee. If you tick anyone you have met at an event you have indicated that you would like to see someone again and therefore do not qualify for a free ticket to a future event.
2.5 If you are using the guarantee on a ticket that you bought for a discounted price, you must pay the balance when claiming the guarantee. For example, if you purchase a ticket for the discounted price of £14.95 and then wish to claim a guarantee and use it on an event which is £23.95, you must pay the £9. If you wanted to book another event which was £14.95 that would be no problem.
2.6. The guarantee is also limited to one free ticket per paid for ticket. The guarantee may not be rolled over. If you claim your guarantee and then do not tick anyone again at your free event, you may not claim another guarantee.
2.7 To qualify for a free ticket under the guarantee you must take part in the whole event. If you arrive late, leave early or choose not to take part you do not qualify.
2.8 This guarantee does not apply to special bigger ticket events such as days and evenings out (punting, walks, wine tasting, bowling etc) or to Lock and Key Parties or Balls. Guarantees may not be used to book these special events.
2.9 The guarantee remains valid for three months from the date of the original event. For Elite and Super Elite events, the value of the guarantee is limited to a ticket to a normal speed dating event (i.e. not exceeding £23.95). If purchasing a ticket to an Elite or Super elite event with a guarantee, you must pay the difference in price. The guarantee also does not apply to complimentary tickets.
3. EVENT CANCELLATION
3.1 When you book an event you must supply a daytime telephone number or mobile phone number.
3.2 If you want to change the event you attend, provided you let us know a minimum of five working days before the event, we will move you to another event free of charge or refund you less a £7 per ticket administration charge. Between 1 and 5 working days before an event no refunds are possible, however, we will move you to another event for a £5 per ticket administration fee.
3.3 If you let us know less than 24 hours before an event you can send a friend of the same gender in your place for no additional charge. We cannot move you to another event with less than 1 working day’s notice. However, do please let us know if you are unable to attend, for whatever reason, as imbalanced numbers spoil our events for other people attending.
3.4 For logistical reasons we are not able to refund any New Years Eve tickets (with or without hotel accommodation) although you can send someone in your place provided you contact us at least 24 hours in advance.
3.5 To move to a different event or send a friend in your place please call us during office hours (10am-6pm Monday to Friday) on 0845 838 5600 (local call rate). All requests for refunds must be in writing.
3.6 Each of our events are based on a minimum number of attendees and we reserve the right to cancel an event if such numbers are not reached. You will then have the choice of booking an alternative event with us at the appropriate additional cost or reduction (depending on the cost of the event), or a full refund.
3.7 Cancellation may be necessary in exceptional circumstances and we reserve the right in our absolute discretion to cancel your event. If this occurs: (i) we will use reasonable endeavours to contact you, but will not be liable for any transportation or other costs incurred by people who arrive at a cancelled event; (ii) you will be offered an alternative event of comparable standard (if available) together with a refund of any price difference or a full and prompt refund of all monies you have paid. Circumstances outside of our control include but are not limited to war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions. If cancellation or curtailment of your event occurs as a result of circumstances beyond our control, the consequences of which could not have been avoided even with all due care, we will not pay any compensation, nor be responsible for any costs or expenses incurred by you as a result.
4. YOUR ACCEPTANCE AND UNDERSTANDING OF THESE TERMS
4.1 By booking an event you are registering your acceptance of these terms and conditions.
4.2 You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions.
4.3 We reserve the right to invite media to attend events or to take our own promotional photographs.
5. MEETING NEW PEOPLE AT OUR EVENTS
5.1 As a registered participant of an event you understand that we offer an opportunity for meeting new people but cannot guarantee that any participant will successfully match with another participant. We also do not guarantee that any successful match between two participants at one of our events will lead to a successful date subsequently.
5.2 We aim to give single people a chance to meet one another in a safe and relaxed environment. However, we are not a matchmaking service and do not verify the personal details of those participating in our events.
5.3 It is up to you to verify personal information to your own satisfaction and we recommend that you do so. Please approach any contact with participants at one of our events with the same caution you would undertake when meeting other people you do not know.
6. LIMITATION OF LIABILITY
By registering for a Event you agree that neither Cupid nor our associates are liable for any damages, direct or indirect, that may arise from using our services unless resulting from our breach of contract or negligence. This includes any damages, without limitation, arising out of communicating with other participants registered with us.
7. VENUE AND TIMING CHANGES TO EVENTS
We reserve the right to change venue and timings of events. We will attempt to give you as much notice as possible prior to any change. Venues are subject to change and no refunds will be given for venue changes. The closest available venue which is suitable will be used as a replacement. If the venue is unusually far away from the original event, credit/refunds will issued on an individual basis at the Event Manager’s discretion.