These Terms and Conditions (together with the documents referred to in it (including our Privacy Policy)
(collectively “Terms and Conditions”) set out the entire agreement between Swiftanon Limited (“us”, or “we” or
“our”) and our customers (“you”), under which you may use our website (“Website”) and the associated services
that are offered through our Website (collectively the Mysweetdate "Services").
Please ensure that you read these Terms and Conditions (together with the referred to documents) carefully before
using, or obtaining, any Mysweetdate Services. If you do not agree to be bound by the Terms and Conditions, you
are not entitled to register for, or use, any Mysweetdate Services.
All use of the Mysweetdate Services is strictly limited to adults only. Those under the age of 18 are not
permitted to use our Website, to become a member, or to use or obtain any of the Services. By using our Website or
any Mysweetdate Services, you confirm that you are at least 18 years of age.
Some Mysweetdate Services may require you to agree to additional terms and conditions if you obtain or use them
(for example should you become a Premium Member). By registering to use (or by using) any Mysweetdate Services,
you accept all the terms of the Terms and Conditions and those additional terms and conditions (collectively the
“Additional Terms”) and agree to be bound by them.
By using this Website, you indicate that you accept these Terms and Conditions and our
Privacy Policy and
that you
agree to abide
by them. If you do not agree to these Terms and Conditions and our
Privacy Policy, or
you are under 18 years of
age or under the age of majority in the country which you reside in if it happens to be greater than 18-years old,
please do not use this Website. Checking the designated box and clicking on the "I Agree" button on the Sign Up page
form you give us your acceptance of and agreement to these Terms & Conditions even if you do not read them. If you
do not agree to these Terms & Conditions, you cannot access this Website.
We take this opportunity to refer you to some important provisions in these Terms and Conditions:
-
We are not responsible for anything that you do or say when using the Mysweetdate Services. You agree
that this is your sole responsibility. We have restricted the use of certain words and do spot check the
content and use of the Mysweetdate Services from time to time. If you publish or upload something and
we receive a complaint about it, we reserve the right to remove it (and either suspend or terminate your
access to Mysweetdate Services) if we believe (at our sole discretion) that it is in violation of any
applicable law or breaches the Terms and Conditions, or where we are requested to do so in order to be
compliant with applicable law.
-
We only provide the Mysweetdate Services to help consenting adults potentially communicate with each
other, should they wish to do so. We do not conduct any background checks, criminal checks or identity
checks on any of our users when they register to use the Mysweetdate Services.
-
We do not get involved in disputes between you and any other user of the Mysweetdate Services. We do
get involved however if there is content which (in our sole discretion) needs to be removed, or we are
required to remove to remain compliant with applicable law. You take full responsibility and liability for
all of your content. For example, if it breaches any third party rights - you are, and remain, fully liable.
-
It is free to register as a User of the Website. As a User you will have limited access to, and use of, the
Website. Whilst the registration is free, should you not be active, or become inactive (do not sign in),
during any 14 day period of time (or more), a profile maintenance fee of up to £39.99 will be charged to you
via your User Profile (“Maintenance Fee”). When you become active again, after having been inactive for a
period and paid the Maintenance Fee, you will be able to convert the latest Maintenance Fee that you
incurred into a one-time pass to use the Premium Membership service for 30 consecutive days. The Maintenance
Fee is not charged to Users who have purchased a Premium Membership.
-
All Premium Membership subscriptions automatically renew for the period and price that you signed up to. You
may cancel the auto-renew feature to avoid recurring charges, but you must do so at least 7 days before the
next renewal date to avoid renewal automatically occurring. See clause 9 for more details.
-
The Website offer a communication service with the goal to allow the Users to opportunity to chat with other
Users, by using a certain credit amount for each message. The Website are for communicative purposes only,
and
are not to be used to organise meetings in person with anyone.
-
You understand, acknowledge, and agree that some profiles on this Website are imaginary only and will be
solely
associated with Website hosts ("Site Hosts") that we provide. The Site Hosts stimulate conversations with
Users, in
order to encourage further and broader participation in all of our Mysweetdate Services, including the
posting of additional
information and/or pictures to the Users' profiles from time to time. The Site Hosts, together with our
customer
support, sample user activities and communications from time to time to ensure compliance with the terms of
the Terms
and Conditions. You understand, acknowledge, and agree that the information, text, and pictures contained in
the Site
Hosts' profiles do not necessarily pertain to any actual person, but are included for the purposes above
stated and are
for entertainment purposes only. Nothing contained in any Site Host profile is intended to describe or
resemble any real
person - living or dead. Any similarity between any Site Hosts profile descriptions and any other person is
purely
coincidental. Please also note that a single Site Host may be associated with more than one (1) user
profiles on the
Website.
-
You further understand, acknowledge, and agree that, from time-to-time, our Site Hosts may contact you as a
User (via
both computer-generated instant messages or emails) for purposes of encouraging further or broader
participation in Mysweetdate
Services and/or to monitor user activity. These messages may be transmitted to multiple user recipients at
the same or
similar time(s). Messages from our Site Hosts will contain the uniform designation "Host" to notify the User
that a
message has been sent by a Site Host. In the event that the User responds to a Site Host message via email,
the User may
receive one or more additional personal or standard responses from the Site Host. You understand,
acknowledge, and agree
that no physical meeting will ever take place between you and our Site Host(s), and that the exchange of
messages
between you and them is for entertainment purposes, as well as to encourage further or broader participation
in our Mysweetdate
Services on a lawful basis. Notwithstanding the above, you understand that you are not guaranteed a response
to any
message sent to a Site Host, or any other User.
-
You understand and accept that we are frequently monitoring content for any inappropriate language, words,
topics and/or
visual content (pictures/videos etc.) used by any user(s) of the Website.
-
We reserve the right to amend the Terms and Conditions at any time. Please check this page and its linked
pages from
time to time to take notice of any changes we make as they are binding on you. Some of the provisions
contained in the
Terms and Conditions may also be superseded by provisions or notices published elsewhere on our Website.
-
Any user of the Mysweetdate Services that violates our Terms and Conditions, or who we believe, in our
sole discretion, was
created fictitiously to participate in, or cause any, prohibited activities may, at our sole discretion, be
suspended,
or deleted without notice to them.
-
DEFINITIONS
“Content” is all information present on the www.mysweetdate.com in the form of (but not limited
to) text, images,
graphical
elements and technical codes.
“Credit” is what the User must purchase to be able to send messages to the Profiles.
“Premium Membership” shall mean the exclusive service of www.mysweetdate.com that provides the User with
access to the
photo gallery of
Profiles and accessibility to see Profiles that have visited the User’s profile.
“Profile” shall mean a profile displayed on www.mysweetdate.com that contains a photo, username
and account information of
a certain person.
“Service” shall mean the services provided by www.mysweetdate.com which the User has access to with
a valid username and
password, and therefore all features that the Website provides, including but not limited to its messaging
service.
“User” shall mean a person with a valid username and password for this Website.
“Website” is www.mysweetdate.com
operated and managed by Swiftanon Limited that is accessible to the User via computer or a mobile device.
-
THE PARTIES TO THIS AGREEMENT
You are entering into the Terms and Conditions with Swiftanon Limited and the Website is owned by and
operated by
Swiftanon Limited. The Website is operated only as an online chat service for consenting people that are
over the age of
18 years.
Our contact details are:
Name: Swiftanon Limited
Address: 3 Caledon Court, County Dublin, Dublin, D03 H308
Phone: +44 11 8230 3904 / +353 1 592 4146
Email for Customer Support: [email protected]
-
ABOUT THE WEBSITE
-
OUR PROVISION OF THE SERVICES
We provide online entertainment and chat services through our Website enabling you to contact
and engage in interaction with the Profiles. This is a chatting website for adults designed as a
discreet and exciting place to exchange messages with other like-minded people or share photos,
stories, and other information. We take this opportunity to remind you that there is no guarantee
that a User will respond to any messages or requests
from you.
This Website is intended to be a fun place to visit and it is important to us
(and for you) that it remains a safe and friendly environment. As a result, so you agree that you
will only use
our Website and the rest of the Mysweetdate Services in a manner consistent with its purpose
and according to the Terms and Conditions.
We are continually developing our offerings to our users and we may offer additional services or
revise the scope of the Mysweetdate Services at our discretion and with or without notice to
you, and these
Terms and Conditions will apply to all additional or revised Services.
The Website specifically prohibits the use of the Website to promote or facilitate prostitution or
trafficking of another person in any way whatsoever. If you do so we will terminate your account
immediately and report you to the relevant authorities.
Once you have signed up as a User or a Premium Member, we will provide you with access to the
Website. As noted below,
different features apply to Users and Premium Members. You will also be able to purchase other
Mysweetdate Services.
-
WARRANTIES BY YOU IN USING THE SERVICES
- By accessing the Website or purchasing any Mysweetdate services,
you certify to
us that:
- You are at least 18 years of age and that you have the legal capacity
to agree to these Terms and Conditions;
- You own (or have permission to use) any credit or debit card you used
to purchase the Mysweetdate Services with and have
authorised us (or our authorised payment processing agent) to charge the relevant card
according to the membership you
chose (which may include automatically recurring charges until cancelled);
- You access the Website voluntarily and for your own personal
enjoyment, you will not seek to obtain commercial gain, or obtain money or other benefits
from other users or profiles, fraudulently or otherwise;
- You have never been convicted of a felony and that you are not
required to register as a sex offender with any government entity;
- Your use of the Website is not prohibited or restricted by your
jurisdiction;
- You have complied and will continue to comply with all applicable
laws and regulations concerning the Mysweetdate Services;
- All information that you submit when you register is accurate and
truthful and that you will promptly update any information that you provide that later
becomes inaccurate, misleading, or false;
- You will not share this Website or its contents with a minor or
otherwise make them available to a minor;
- You state that you have the right, authority, and capacity to enter
into and be bound by these Terms and Conditions and that by using our Website you will not
be violating any applicable law or regulation. You are solely
responsible for your compliance with all applicable local laws and regulations;
- You further confirm that you have not been convicted of and are not
subject to any court order relating to assault, violence, sexual misconduct, or harassment;
and
- You certify and confirm that you will not use the Website to
endorse any activities that might be construed as human or sex trafficking related, or
pornography. If any
user on the Website is promoting, soliciting or is actively engaged in the activities that
are related to human or (sex) trafficking, or pornography, the user will be banned from
entering the Website,
the user's account will be deactivated immediately and and the User will be reported to the
relevant authorities.
-
HOW YOU CAN ACCESS OUR SERVICES
Our Website is a meeting place for adults that features a rich collection of online resources, including
various communication tools, chat services, match game, browse and filter Profiles. You may only use and
become a registered user or member of our Website if you are 18-years old or older.
You can only use this Website or the Mysweetdate Services, by signing up as a User or as a Premium
Member.
-
ABOUT THE SERVICES AND SUBSCRIPTIONS
-
ABOUT THE PAID FOR SERVICES
In order to access and use the Website, you must register with us as either a User or a Premium
Member, the details of
which are outlined below.
We also offer you the option to pay for certain services offered on the Website. These services
include purchasing
Credits to use as messages that can be sent to other users of the Website.
User
It is free to register as a User. As a User you will have limited access to, and use of, the
Website. You will also have
the ability to buy Credits, such you wish to do so. We may also offer other Mysweetdate
Services to you from time to time.
Whilst it is free to register as a User, should you become inactive (do not sign in), during any 14
day period, a
profile maintenance fee of up to £39.99 will be charged to you via your User Profile ("Maintenance
Fee"). The
Maintenance Fee will be charged to you either every 14 days or 30 days. The Maintenance Fee will be
adjusted according
to how often it is charged) until you sign-in to your User Profile again. The Maintenance Fee is
charged in order for
you to keep your User Profile with us (with all of your details), even when you are not active, and
you agree that this
is a reasonable fee to pay. The Maintenance Fee is not charged to Users who have purchased a Premium
Membership, which
means that a Premium Member can be inactive for 14 days, or more, without incurring the Maintenance
Fee.
When you become active as User again (after having been inactive and paid the Maintenance Fee as
described above) you
will be able to convert the latest Maintenance Fee that you incurred into a one-time pass to use the
Premium Membership
service for 30 consecutive days. To avail of this you will need to reach out to our Customer Support
via phone on +44 11 8230 3904 / +353 1 592 4146 or via email on [email protected] within 10 days of
incurring the latest Maintenance Fee. You agree
that this is a reasonable charge and that you have no rights to a refund concerning any Maintenance
Fee charged to you.
Should you wish to terminate your access as a User, please see clause 9 below.
Should you wish to become a Premium Member, you can do so at any time.
Credits
Credits can be purchased and be used by you (as a User or as a Premium Member) to send messages to
other users of the
Website. The pricing for Credits and any expiry terms are outlined in our “Credit Pricing” section
here: Prices
Premium Membership
Premium Membership provides you with access to the photo gallery and the ability to view profiles
that have visited your
User Profile The fees payable for a Premium Membership will depend on the option that you select and
will be set out on
the payment page when you select the relevant option. Please review the payment page very carefully
to make sure that
you understand and agree to it before you make any payment.
Please be aware that if you subscribe to the Premium Membership, you will be signing up to an
automatic renewal of the
Premium Membership. See clause 5(B) below. This means that ,subject to clause 9(A)(ii), the minimum
duration of your
Premium Membership will be for the period that you sign up to, and it will automatically renew for
that period until you
cancel your Premium Membership in accordance with clause 9(B).
Premium Membership fee should be cancelled when you are finished with it to avoid any future charges
for this type of
membership. Subject to clause 9(A) below, if you cancel the Premium Membership you will be entitled
to receive the full
benefits of the Premium Membership until the end of the already paid Premium Membership period. If
you terminate your
Premium Membership, your account with us will revert to being a User at the end of the relevant
membership period.
Should you wish to terminate your access as a User, please see clause 9 below.
Associated costs and alteration of fees
You are responsible for all costs associated with your use of your selected payment method
including, for example,
exchange rates, transaction fees, interest, and other fees charged concerning your payment to us
(e.g. by your
credit/debit card providers and banks). We reserve the right to offer free membership to our
Mysweetdate Services to any person
of our choice at any given time, for any duration, whilst still charging other members (Users,
Premium Members), at the
same time.
If your access to any of the Mysweetdate Services is suspended due to any suspected (in our
sole opinion acting reasonably) or
actual breach of the Terms and Conditions, you agree that all fees paid to us are final and all
outstanding or pending
payments to us will immediately be due and owing to us.
-
AUTOMATIC RENEWAL BILLING – PREMIUM MEMBERSHIP
As noted above, we operate an automatic renewal billing policy on our Premium Membership
subscription.
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. From time to
time we enrol our
loyal customers in a loyalty program where the randomly chosen customers will be granted a
discounted membership price
on the next payment only.
You must provide current, complete, and accurate information for your billing account. You agree to
promptly update all
information to keep your billing account current, complete, and accurate (such as a change in
billing address, card
number, or expiration date), and you will promptly notify us if your payment method is cancelled
(including if you lose
your card or it is stolen), or if you become aware of a potential breach of security (such as an
unauthorised disclosure
or use of your name or password). If you fail to provide us any of this information, you will be
responsible for the
fees accrued under or concerning your billing account.
-
FEE CHANGES
We reserve the right to alter any of the fees concerning the Mysweetdate Services at any time
and will update the relevant parts
of our Website or Terms and Conditions with these changes. Should we do so, you will have the option
to cancel your
membership with us before the changes take effect if you do not agree to any of the changes that we
make.
-
DISPUTES ABOUT BILLING AND REFUNDS
In the event that you disagree with any charge made to your account with us, or your User Profile,
you agree to contact
us with a view to resolving the dispute in good faith prior to making a formal notification to
another party (such as
your credit card company). You must contact us either by email or telephone, stating your reasons
for disputing the
charge. This will enable us to accurately and promptly assess the issue and, where justified, credit
your card (being
the one that you paid the charge with) with the disputed amount in a timely manner to avoid any
further inconvenience to
you. Should we not be able to resolve a dispute to your satisfaction, the parties agree that clause
13(C) applies.
Other than where it is expressly stated in these Terms and Conditions, we only refund unused
Credits.
We do not provide cash refunds. If we have agreed to refund you our authorised billing agent will
refund the requested
transaction back to you and you will receive the refund to the same payment method as how you
originally paid for the
transaction.
To request a refund, you must contact our Customer Support department via telephone on +44 11 8230 3904 / +353 1 592 4146 or via email on [email protected].
-
PAYMENT METHOD INFORMATION
The information provided concerning your payment method will be stored and thereafter used for the
automatic renewal
payments of your Premium Membership for deductions of any Maintenance Fee (where relevant), for
Credits or for any other
Mysweetdate Services that you proceed to purchase. You may update this information at any time.
We may also update your method
of payment on the database with information provided by you, or the relevant payment service
provider. By accepting the
Terms and Conditions, following any update you authorise us to continue to take payments due for any
purchase, renewal,
or Maintenance Fee using the updated payment method.
-
YOUR USE OF OUR SERVICES
-
PERSONAL USE
You agree to use the Mysweetdate Services in accordance will all applicable law at all times.
Your User Profile is for your
personal use only. You may not authorise others to use your User Profile or attempt to use another
User's Profile. You
must not assign or otherwise sub-contract or transfer your User Profile, or any rights or
obligations that you have
under the Terms and Conditions to any other person or entity, unless we agree in writing.
You are solely responsible for your User Profile and for any actions concerning it, and you assume
all liability
regarding, (i) the information and content on, concerning, or sent from your User Profile and (ii)
the information and
content concerning your User Profile (or Mysweetdate Service) which is posted, transmitted,
published, or otherwise make
available through your User Profile or Mysweetdate Services.
By registering for, and using, the Mysweetdate Services, you agree to take all such reasonable
precautions when you interact
with other Users, especially should you decide to meet another individual in person, or communicate outside
of the Mysweetdate
Services. Should you post and/or disclose any confidential (or sensitive information), to another User, such
as your
personal information (e.g. name, telephone number, address or email) or any financial information (e.g.
debit or credit
card details or bank account information), then you agree that you do so entirely at your own risk.
-
YOUR USE OF OUR SERVICES AND INFORMATION THAT YOU PROVIDE
You agree that you will only use the Mysweetdate Services under the following ongoing
conditions and represent and warrant on a
continuous basis that you :
- are at least 18 years of age.
- will comply at all times with these Terms & Conditions.
- will comply at all times with applicable law.
- will at all times respect other users and our staff members.
- will pay all fees within the relevant timeframes.
- will only use the Mysweetdate Services for private and personal
reasons.
- will treat all correspondence received concerning, or via the
Mysweetdate Services, confidentially and that you will not
disclose them to any third party without the consent of the sender.
- understand and agree that we may delete any correspondence or
information that is stored in your account with us in
accordance with our data retention policy, with no notice to you.
If you register with us to use our Mysweetdate Services, you warrant on a continuous basis that
you will:
- provide all the information required to complete the registration
forms for the Mysweetdate Services and that all such
information will be, and is, accurate, correct and true;
- ensure the information you provide is complete, accurate and up to
date and you will promptly update all information to
keep your User Profile and billing information complete and accurate upon any change (such
as change of billing address,
credit card number or expiration date);
- not access or use the Mysweetdate Services from any place or
jurisdiction where such use is prohibited or contrary to any
applicable laws, rules, regulations, ordinances, edicts or customs;
- use the Mysweetdate Services in compliance with all applicable
laws, rules, regulations, ordinances, edicts or customs;
- truthfully confirm that you have never (i) been convicted of a
criminal offence; and (ii) are not required to register
as a sex offender with any government entity or agency;
- only post information and content that is relevant and in compliance
with the purpose of the Mysweetdate Services (please see
below under section 6(C) for further details of the restrictions on the type of information
and content you can post);
and
- be fully responsible for all use of your User profile and for any
actions that take place using your User profile
whether by yourself or any other person using your User profile.
-
RESTRICTIONS ON USE
You agree that you will not post, or permit your User Profile to post, any content, transmit any
content to others,
communicate any content, provide links to any content, or otherwise engage in any activity through
your User Profile or
through any of the Mysweetdate Services that, in our sole judgement):
- 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 under the age of majority in the country which
you reside in if it happens
to be greater than 18-years old ) or which may cause annoyance or inconvenience;
-
is in any way related to child pornography, bestiality, rape (or other non-consensual or
illegal sexual behaviour),
minors, mutilation of a person or body parts, any act or depiction of parties being harmed
or forced (includes but is
not limited to rape, drugs and alcohol), any anti or exploitive religious, gender or age
specific acts (sexual
exploitation);
-
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 your User Profile or the Mysweetdate Services for chain letters, junk mail or spam
emails;
-
interferes or disrupts networks connected to any Mysweetdate Services or attempts to
interfere with the proper functioning of
the Mysweetdate Services (including imposing an unreasonable load on the technical
infrastructure used to operate the Website);
-
contains any material which may infringe or violate any third party's rights;
-
violates any applicable law;
-
provides material support or resources (or conceal or disguise the nature, location, source,
or ownership of material
support or resources) to any organisation(s) designated by the various governments as a
foreign terrorist organisation;
-
stalks or otherwise harasses another person, Profile, User or Member;
-
is in any way being used to send commercial messages, or to intercept any communications or
attempt to intercept them.
You agree that you will not at any time:
-
upload, post, email, transmit, or otherwise disclose another person’s private information;
-
upload explicit sexual imagery, nudity, or pornography in profile pictures, cover photos, or
any public areas or send
sexual content (text, images, videos, or audio messages) to other users;
-
post or link to external websites containing adult material;
-
engage in behavior violating community guidelines or making others uncomfortable or unsafe;
-
make any malicious remarks, or incite or do any type of action that might stir hateful or
violent attitude towards any
individual person (or several persons) based on who they are or what they believe in;
-
access any data (including but not limited to any personal data) that is not intended for
you, or log into (or cause to
be logged into) a server or User Profile which you are not authorised 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 Website without proper authorisation;
-
attempt to interfere with service to any User, member, host or network, including, without
limitation, via means of
submitting a virus to the Mysweetdate Services, overloading, flooding, spamming, mail
bombing or crashing or otherwise
attempting to deny service to the Website or the server of any User;
-
forge headers or otherwise manipulate identifiers in order to disguise the origin of any
content transmitted through the
Mysweetdate 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 Mysweetdate Services in order to contact,
advertise to, solicit, or sell to any user or
member without their prior express consent.
If you breach any part of the Terms and Conditions, we reserve all rights, claims and causes of
action we may have,
statutory or otherwise, including but not limited to, the right to seek damages for each such
unsolicited communication
you send through the Mysweetdate Services, and damages for any breach of these Terms and
Conditions, or any applicable law.
Further, if you breach the terms of these Terms and Conditions, or applicable law, we reserve all
rights (in our sole
discretion) to close your User Profile immediately without any notification and to contact and
inform the relevant
authorities.
-
SERVICE PROVIDERS AND AFFILIATES OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)
By registering and creating a User profile you consent to the wider dissemination of the information
you provide in that
profile to the Profiles of the Mysweetdate Services our affiliates and third-party service
providers, some of whom may be
outside the European Economic Area ('EEA'), to allow you to use the online environment. We will keep
your personal
information confidential except: (i) where you or anyone using your User Profile for publication or
display; or (ii)
have posted it for publication or display; or (ii) to the extent that we are compelled to disclose
it by applicable law
or to comply with an instruction of a regulatory body of competent jurisdiction.
For full details on how, where and for what purposes your data is stored and transferred please
review our Privacy Policy.
-
ANTI-SLAVERY AND HUMAN TRAFFICKING COMMITMENT
We prioritise ethical practices. We're fully committed to keeping a safe environment and opposing
any form of
exploitation, forced labor, or human rights abuses.
By agreeing to the Terms and Conditions, you confirm your commitment to avoid activities that
support slavery or human
trafficking and hereby agree that we can take appropriate actions, including legal measures and
account suspension (or
termination), against users breaking this commitment.
-
SITE COMMUNITY AND CONTENT GUIDELINES (CODE OF
CONDUCT): COMMUNITY RULES AND CODE OF CONDUCT
We strive to do our best in order to make the Community as comfortable and pleasant place as
possible. We hope that you
review the Rules of Community closely, as they are an indispensable part of the agreement you make
with us. The
presented Rules of Community form a set of recommendations and guidelines of your behaviour so that
the time you spend
on our Website and using the Mysweetdate Services is positive ad maximum.
-
RESPECT
Please respect the privacy of other Users and members, their private selections, their time and
advertency. This is an
essential part of designing a secure and trustful Mysweetdate community. You should use
respectful information on this Website
and in the conversations you have with other Users.
It is prohibited to post content that can cause pain, traumas, to harass or threaten the community
as a whole or any of
its users (including Users and Premium Members). It is not permitted to post content containing
scenes of graphic
violence, the content that can be considered abominable, indecent or harassing.
-
Consequences of Violation:
As noted above. Users violating the Terms and Conditions, face immediate action, including:
- Removal of offending content;
- Temporary or permanent account suspension, or removal as a
User.
-
OUR RIGHTS
-
OUR PROPRIETARY RIGHTS
You acknowledge and agree that the copyrights, trademarks and other intellectual property rights
including registered
and unregistered trademarks, across the Mysweetdate Services and the content provided as part
of the Mysweetdate Services belong to us
or are used under exclusive licence by us. No rights in respect of the Services or the content
provided as part of the
Services are granted to you other than those expressly set out in these Terms and Conditions.
-
TO USE YOUR CONTENT FOR OUR OWN PURPOSES
By creating an account, posting information or content including but not limited to copyrighted
content, name and
likeness and photographs to your User Profile pages, you automatically grant, and you represent and
warrant that you
have the right to grant to us, 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-licenses
of the same. You further waive any moral or potential infringements rights you may have in any such
information or
content. We may assign, transfer, or sublicense any of our rights or obligations under the
Mysweetdate Services, including but
not limited to the above licence, to our affiliates, successors, or any third party at our sole
discretion. If you
consider that any content that you see on our Mysweetdate Services is, or has been, used in a
way which is an infringement of a
third party's rights, please contact us using the contact details above. Our group companies are
third party
beneficiaries of the Terms and Conditions for the purposes of the Contracts (Rights of Third
Parties) Act 1999 Apart
from this, the parties agree that no other third party has any rights under the Contracts (Rights of
Third Parties) Act
1999 concerning the Terms and Conditions.
Full details on how we use your information is contained within our Privacy
Policy.
-
TRANSFER OF PROFILE DATA FOR RE-BRANDING AND OTHER CORPORATE ACTIVITIES
In accordance with our Privacy
Policy, in order to ensure a smooth transition of any Mysweetdate Services to another
company within our corporate group, or to a third
party, in the event of a re-branding within our group or in the event of a merger, acquisition,
reorganisation, sale of
any or all of our assets, as explained in our Privacy Policy your data may be transferred as it is
considered to be an
asset of ours. In such cases you will be informed about how your data is being handled, used,
transferred and/or
processed via electronic messaging or by a general posting on the Website. Unless you are advised in
such
communications that any service is ending, for all services that are transferred, the position is
that your User
Profile. Premium Membership, subscription and automatic renewal billing will continue unchanged
until you cancel it on
the new website or by contacting the new website operator(s) or owner(s).
-
THIRD PARTY RIGHTS
By submitting content to our Website, you are certifying that you are the exclusive author and owner of that
content
(and that our use will not infringe or violate the rights of any third party, including privacy rights,
publicity
rights, intellectual property rights, contract rights, or any other rights) and you agree that you waive any
moral
rights relating to that content (including the right to be identified as the author). We have the right to
disclose your
identity to any third party who is claiming that any content posted or uploaded by you to our Website
constitutes a
violation of their intellectual property rights or of their right to privacy or any other law.
-
CANCELLATION AND TERMINATION
-
COOLING OFF PERIOD
- Should you join us as a User, you have the right to cancel your
agreement with us, without reason, within 14 days from
the date that we send you an email to confirm your registration as a User.
- Should you join us as a Premium Member, you have the right to cancel your agreement with us,
without reason, within 14
days from the date that we send you an email to confirm your registration as a Premium
Member.
To exercise your right to cancel under 9(A)(i) or 9(A) (ii), you must notify us using any of the
following contact
details:
By phone: +44 11 8230 3904 / +353 1 592 4146 (Phone support is available 8 AM - 5 PM (EST), Monday to Friday)
By email: [email protected]
By post: 3 Caledon Court, County Dublin, Dublin, D03 H308
Should you cancel your agreement with us within the 14 day period specified above, we will refund to
you all such
payments ( which will be on a pro-rated basis where you have used the relevant services and you
agree that this is value
consideration for the use of such services) that we have received from you without undue delay and
at the latest within
14 days from when we agree that you are entitled to it. We confirm that we will refund the payments
using the same
method of payment that you used, unless you agree otherwise.
RIGHT TO CANCEL
Whether you are a User, or a Premium Member, you may cancel your registration or subscription at any
time by giving us
notice of your wish to cancel by telephone or email:
Telephone: +44 11 8230 3904 / +353 1 592 4146
Email: [email protected]
When emailing us you must include your profile information (screen name and email address) in order
for us to verify
that you are in fact the User or Membership profile account holder authorised to amend the account.
Please refer to clause 9(A) and this clause 9(B) for more details concerning cancellation.
-
TERMINATION OF YOUR USER PROFILE OR PREMIUM MEMBERSHIP
User Profile - if you do no longer wish to maintain a User Profile on the Website,
you will need to terminate your User Profile (to avoid any Maintenance Fee, as described under
Clause 5(A). As a User,
you can terminate your User profile by contacting us by telephone or by email (using the details
outlined above).
Premium Membership – you can cancel your subscription at any time, by telephone or by email using
the details (outlined
above).Otherwise, we will continue to provide this service to you, unless we end your subscription
in accordance with
the Terms and Conditions. Please note that you must terminate your subscription at least 7 days
prior to the end of the
current subscription period for which you have paid to avoid being charged for the next subscription
period. If you
terminate your Premium Membership, your account with us will revert to being a User at the end of
the relevant
subscription period. Should you wish to terminate your access as a User, please contact us by
telephone or email (using
the details outlined above).
Please be aware that any notice to cancel your User Profile or Premium Membership shall take effect
upon receipt by us.
It is a breach of the Terms and Conditions to provide your User or Premium Membership Profile
details to any other
person or third-party company. Only cancellations requested by you as a genuine User or Premium
Member of the Mysweetdate
Services will be accepted by us. For the avoidance of doubt, you agree that any cancellation
attempted or initiated by
any other party or entity, will not be considered a valid cancellation and you will continue to be
charged for our
services.
We reserve the right to immediately suspend or terminate your access to any of the Mysweetdate
Services (including your User
Profile, your Premium Membership, or access to the Website), without notice to you. We also reserve
the right to remove
your User (or Premium Membership) Profile information or data from our Mysweetdate Services and
any other records at any time at
our sole discretion. If we decide to terminate your membership with us (either for convenience or
because you have
misused the Mysweetdate Services, we will refund to you any payment (apart from Credit fees)
that you have already made to us
for any unused portion of the services that we have not provided. However, you agree that we may
still also deduct from
this refund, or charge you a reasonable amount as compensation for, any costs we incur as a result
of your
non-compliance with these Terms and Conditions.
-
NOTICES FOR ANYTHING OTHER THAN MEMBERSHIP, USER MANAGEMENT OR TECHNICAL SUPPORT
Any notices for anything not related to membership, user management or technical support should,
unless otherwise
specified in these Terms and Conditions, be send via registered mail to the company’s address;
Swiftanon Limited
#740748
3 Caledon Court, County Dublin, Dublin, D03 H308
Ireland
-
ENQUIRIES AND COMPLAINTS
If you have any queries about the Terms and Conditions or the Mysweetdate Services, or if you
wish to make a complaint, then
please contact us as follows:
Telephone: +44 11 8230 3904 / +353 1 592 4146
Email: [email protected]
When emailing us you must include your profile information (screen name and email address) in order
for us to verify
that you are in fact the User or Membership profile account holder authorised to amend the account
-
LEGAL DISCLAIMERS, WARRANTIES & INDEMNITIES
-
DISCLAIMER OF WARRANTIES
This clause 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 Mysweetdate 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, , workmanlike effort, accuracy, completeness, reliability, security,
title, exclusivity, or
quiet enjoyment.
We do not warrant that your use of the Website (or any of the Mysweetdate Services) will be
secure, uninterrupted, always
available, error-free or will meet your requirements, or that any defects will be corrected, or that
content loss will
not occur. We disclaim liability for, and no warranty, representation, condition or other term is
made with respect to,
the connectivity and availability of the Mysweetdate Services. The Website (and the
Mysweetdate Services) are provided on an "as is" and
"as available" basis. You are responsible for making all the necessary arrangements to ensure you
can access the Website
(including Internet provider and mobile Internet provider fees and any other charges associated with
that access). We
will not be held responsible for any reduced functionality you may encounter because of or in
connection with accessing
the Website through mobile services or any similar service currently known or developed in the
future. You assume the
entire risk for satisfactory quality, performance, accuracy, and effort. There are no warranties of
any kind that extend
beyond the face of these Terms and Conditions, or that arise because of course of performance,
course of dealing, or
usage of trade.
The Website (and Mysweetdate Services) may contain errors, omissions inaccuracies, or outdated
information. We cannot guarantee
and do not promise any specific results from use of the Website or the Mysweetdate Services. We
do not warrant the reliability
of any statement or other information displayed or distributed through the Website or the
Mysweetdate Services. We reserve the
right to correct any errors or omissions in any portion of the Website or the Mysweetdate
Services.
Opinions, advice, statements, offers, or other information or content made available through the
Mysweetdate Services, but not
directly by us, are those of their respective authors, and should not necessarily be relied upon. We
do not: (i) warrant
or guarantee the accuracy, completeness or usefulness of any information provided on the
Mysweetdate 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 Website, provided through the Mysweetdate Services,
or transmitted to or by any
Users, Profiles or Members.
-
LIMITATION OF LIABILITY
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 Mysweetdate 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.
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 Mysweetdate Services, including without limitation, bodily
injury, emotional distress, and/or any
other claims, losses or damages resulting from communications facilitated by the Mysweetdate
Services.
You agree that our total liability to you arising under or in connection with the Terms and
Conditions (including but
not limited to liability in contract, tort (including negligence), misrepresentation, restitution or
otherwise) shall be
limited as to the fees paid by you to us concerning the Mysweetdate Services.
Nothing in the Terms and Conditions will limit or exclude our liability for: (i) death or personal
injury arising from
our proven negligence; or (ii) fraud or fraudulent misrepresentations made by us; or (iii) where we
are not permitted to
limit or exclude our liability under applicable law.
-
INDEMNITY
You agree to indemnify us, our affiliates, our officers, our directors, our employees, agents and
third parties
concerning any claims, causes of action, debts, losses, costs, liabilities or expenses (including
legal fees) relating
to or arising, directly or indirectly, out of: (i) your User or Premium Membership Profile account;
(ii) any content or
information posted on your User or Premium Membership Profile account; (iii) any use of your User or
Premium Membership
Profile account's in breach of the Terms and Conditions, or (iv) your User or Membership Profile is
used in breach of
any applicable laws, rules or regulations.
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 cooperation if we choose to exercise this
right.
-
LINKS TO THIRD PARTY WEBSITES
Where our Website contains links to other websites and resources provided by third parties, these
links are
provided for your information only. We have no control over the contents of those websites or
resources and accept no
responsibility for them or for any loss or damage that may arise from your use of them.
-
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the content(s) of the Website at any time. Should we do
this we
will do so in order to reflect changes in applicable law, our decision to cease providing certain services
(or part
thereof), or to implement minor technical improvements. We will take such reasonable steps as we can to
minimise the
impact of these changes, or modifications to the Website, on you. We also reserve the right to modify or
discontinue all or part of the Website at any time and will endeavour to provide notice of this on our
Website, should it occur. We will not be liable to you or any third party for any modification, price
change,
suspension, or discontinuance of the Website.
We cannot guarantee the Website will be available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or
errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your
inability
to access or use the Website during any downtime or discontinuance of the Website which is beyond our
control.
-
TERM
The Terms and Conditions will become effective from the point at which you join us as a registered User (or
Premium
Member where applicable) and will remain in full force and effect unless and until it is terminated in
accordance with
the terms of the Terms and Conditions.
-
ENTIRE AGREEMENT, GOVERNING LAW, DISPUTE RESOLUTION AND SEVERANCE
-
ENTIRE AGREEMENT
These Terms and Conditions, together with the documents referred to herein, set out the entire
agreement that governs
the relationship between us and you. They cancel and replace any conditions that may have been
agreed to in the past,
even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations
in place between us
and you.
-
GOVERNING LAW
The Terms and Conditions and any dispute or claim arising out of or in connection with it or its
subject matter or
formation (including non-contractual disputes or claims) shall be governed by and interpreted in
accordance with the
substantive laws of England.
-
DISPUTE RESOLUTION
-
Disputes
The parties shall resolve any dispute, controversy or claim arising out of or relating to
the Terms and Conditions,
including any breach, termination or invalidity hereof (each, a “Dispute”) under the
provisions of this clause 13(C).
The procedure set out in this clause shall be the exclusive mechanism for resolving any
Dispute that may arise from time
to time
-
Notification of a Dispute & informal negotiation
A party shall send a written notice to the other party of any Dispute (‘Dispute Notice’).
The parties shall first
attempt in good faith to resolve any Dispute outlined in the Dispute Notice by negotiation
and consultation between
themselves. In the event that the Dispute is not resolved on an informal basis within 30
Business Days after a party
delivers the Dispute Notice to the other party, either party may initiate arbitration under
Clause 13(C)(iii).
-
Binding Arbitration
Subject to paragraph 13(C)(v) below, if the parties are unable to resolve a Dispute after
informal negotiations in
accordance with clause 13(C)(ii) above, the Dispute (except those Disputes expressly
excluded in 13(C)(v) below) will be
finally and exclusively resolved by binding arbitration. The parties agree that the number
of arbitrators shall be one,
that the seat (or legal place) of the arbitration shall be London, England, and that the
language to be used in the
arbitral proceedings shall be English.
-
Restrictions
The Parties agree that any arbitration shall be limited to the relevant Dispute. To the full
extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any dispute to be
arbitrated on a class-action basis or to utilise class action procedures; and (c) there is
no right or authority for any
dispute to be brought in a purported representative capacity on behalf of the general public
or any other persons.
-
Exceptions to Arbitration
The parties agree that the following disputes are not subject to the above provisions
concerning binding arbitration:
(a) any dispute seeking to enforce or protect, or concerning the validity of, any of the
intellectual property rights of
a party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion
of privacy, or unauthorised
use.
If this clause 13(C)(v), or any part thereof, is found to be illegal or unenforceable, then
neither party will seek to
arbitrate a Dispute which falls within the part of this clause which has been found to be
illegal or unenforceable and
such Dispute shall be decided by the courts of England which shall have exclusive
jurisdiction to settle that particular
Dispute.
-
Class Action Waiver
To the extent permitted by applicable law, 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.
you acknowledge and agree that you are giving up your rights to participate in a class
action or representative action
with respect to any such claim. In the event that the prohibition on class action is deemed
invalid or unenforceable,
then the remaining portions of the arbitration agreement will remain in force.
-
SEVERANCE
If any provision or part-provision of the Terms and Conditions is or becomes invalid, illegal or
unenforceable, it shall
be deemed deleted, but that shall not affect the validity and enforceability of the rest of the
Terms and Conditions. If
any provision or part-provision of the Terms and Conditions is deemed deleted under this clause,
section, the parties
shall negotiate in good faith to agree a replacement provision that, to the greatest extent
possible, achieves the
intended commercial result of the original provision.