TERMS AND CONDITIONS OF BUSINESS
[Real Essex Dating]
The following expressions shall have the following meanings:
1.1 ““Agent” means [Real Essex Dating]
“Client” means any person who purchases Services from the Agent;
“Registration Form” means the application form, booking form or other written request for agency Services completed by the Client via the Website;
1.4 “Services” means the agency services as described in the Registration Form and on the Website;
1.5 “Website” means all pages composing the Agent’s website at [https://www.realessexdating.co.uk/];
1.7 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Agent;
1.8 “Agreement” means the contract between the Agent and the Client for the provision of the Services incorporating these Terms and Conditions.
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Agent to the Client and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Agent.
2.3 The Client shall be deemed to be accepting the Terms and Conditions through their continued use of the Website and shall be required to confirm the acceptance of these Terms and Conditions prior to the submission of the Registration Form.
2.4 The Agreement shall be created on completion of the registration process.
2.5 The Agent has the right to refuse a Client’s application for provision of the Services.
2.6 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.7 The Client must accept these Terms and Conditions in their entirety.
3.1 Clients must be aged 18 or over to register for Services [and aged over 18 to use the Website].
3.2 Clients must be resident in the UK.
4.1 The Services are as described on the Website and subject to these Terms and Conditions.
4.2 The Agent may vary the Services, without notification to the Client, to take account of changes in legislation or industry practice or to enhance or protect the nature and quality of the Services.
4.3 The Services shall commence on the date specified on the Registration Form and continue until terminated by either party according to the terms of this Agreement.
4.4 The agency Services provided take the form of an introduction service between registered clients, allowing the Client to contact other registered clients. The Agent does not guarantee the success of any introduction or the suitability of any contacts made by the Client through the use of the Services.
5 PRICE AND PAYMENT
5.1 The price for the Services is as specified on the Website and is inclusive of [VAT and] any other charges as outlined in that document.
5.2 The terms for payment are as specified on the Website.
5.3 If the Client chooses to accept a subscription option that includes a recurrent payment feature the Client acknowledges responsibility for all recurring charges by entering in to this Agreement. In such cases, the Agent may submit periodic charges without further authorisation from the Client until the Client provides written notice of termination of such authorisation which is then confirmed by the Agent and the Client shall remain liable for any charges up to the time the Agent could reasonably be expected to terminate the authorisation.
5.4 Any monies paid to the Agent in terms of this Agreement are non-refundable unless there has been a breach in terms of this Agreement or the Agent chooses to exercise discretion in awarding any refund. The Client’s statutory rights are not affected.
5.5 The Agent may vary the price for Services at any time but is obliged to give the Client reasonable notice of any such variation.
5.6 The Agent may delete the Website profile of any Client, or any part thereof, where the Client fails to make over any sums due to the Agent.
5.7 No refund shall be given in the event that the Client is unable to access the Website due to technical problems beyond the control of the Agent.
5.8 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Agent will be entitled immediately to cease or suspend the provision of the relevant Services until payment has been received.
5.9 Where applicable, the Client must settle all invoiced payments for Services within [Immediate] from the invoice date.
5.10 Where applicable, the Client will pay interest on all late payments at a rate of [8%] per annum above the base lending rate of [Lloyds Bank PLC].
5.11 Where applicable, the Agent is also entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment due to the Agent is late.
5.12 All payments must be made without deduction or set-off.
6 NON COMMERCIAL USE BY MEMBERS
The Website is for the personal use of individual clients only and may not be used by organisations, companies, businesses or other entities for the purpose of commercial endeavours.
7 CLIENT OBLIGATIONS
7.1 The Client is responsible for the accuracy of all information supplied by them to the Agent and the Agent accepts no responsibility whatsoever for any inaccuracies howsoever arising.
7.2 The Client shall not know of any medical, criminal, legal or physical reason why they are unable to form a conventional relationship unless such impediment has been declared to the Agent in advance.
7.3 The Client shall be over eighteen years in age and confirms that the contents of all personal information supplied to the Agent is true and accurate in all respects and that the Client has never been convicted of a serious criminal offence.
7.4 The Client agrees that they shall not use the Services to:
7.4.1 make or attempt to make any statement which is obscene, racist, inappropriate, offensive or otherwise illegal through any personal statements or within any messaging system;
7.4.2 make any reference or allusion to any sexually explicit acts, parts of the body with sexual overtones or to look for possible partners under the age of 18;
7.4.3 use profanities in any personal statements or when using the messaging system;
7.4.4 use the Website to libel, slander or defame another person.
7.6 The Client shall keep all personal information up to date and shall ensure that any photographs submitted bear a good likeness.
7.7 The Client shall provide and maintain the necessary hardware and software required to access and use the Services.
7.8 In the event that the Client arranges to meet any other users of the Website the behaviour of such third parties is outside the control of the Agent and Clients should take all reasonable measures to ensure their personal safety.
8 AGENT OBLIGATIONS
8.1 The Agent shall supply the Services as specified in the Registration Form and on the Website.
8.2 The Agent shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognized codes of practice and statutory obligations.
8.3 The Agent shall use all reasonable means to ensure that introductions to the Client fall within the category of persons specified by them on the Registration Form but will not accept responsibility if any such person introduced to the Client does not fall within such category nor will it accept any responsibility for any occurrence as a consequence of any meeting with or relationship formed with any such person as a result of such introduction.
8.4 The Agent shall maintain all personal information supplied in the strictest confidence and in compliance with the Data Protection Act 1998.
8.5 If the Agent becomes aware of any activity that is in breach of any of these Terms and Conditions or any applicable law or regulation, or in the event that the rights of the Agent or a third party are infringed the Agent may, at their discretion:
8.5.1 ban, delete or prohibit any content that the Agent judges harmful to any party;
8.5.2 issue a warning to the offending party;
8.5.3 issue a ban to the offending party and remove their personal information from the Website;
8.5.4 report the offending party to the relevant authorities or take legal action against the offending party.
9 DATA PROTECTION
9.1 All parties to the Agreement are bound to comply with the provisions of The Data Protection Act 1998 and associated regulations.
9.2 The Client is responsible for the accuracy and reliability of any content supplied by them and must have authority to disclose such content to the Agent in order that they may use it to fulfil the Services.
10.1 In terms of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 the Client is entitled to a 14 day cooling off period during which time the Client has the right to cancel this Agreement without penalty. However, the cooling off period and the right to cancel does not apply if the Client begins to use the Services before the end of the cooling off period. The conditions, time limits and procedures for exercising the Client’s right to cancel are attached to these Terms and Conditions together with a cancellation form.
10.2 The Agreement shall continue until the Services have been provided or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
10.3 The Agent may terminate the Agreement on giving the Client [1 day] notice.
10.4 The Agent may terminate this Agreement without notice if the Agent has reasonable grounds to suspect the Client has provided information that is untrue, inaccurate, out of date or incomplete, or, if the Client has failed to make any payment to the Agent due in terms of this Agreement.
10.5 The Client may terminate the Agreement on giving the Agent [1 day] notice.
10.6 The Client may terminate the Agreement if the Agent fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of [1 WEEKS] after notification of non-compliance is given.
10.7 Either party may terminate the Agreement by notice in writing to the other if:
10.7.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
10.7.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
10.7.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
10.7.4 the other party ceases to carry on its business or substantially the whole of its business; or
10.7.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
10.8 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
11 INTELLECTUAL PROPERTY
All brand names, product names, titles, trademarks, trade-names, designs, and copyrights used on the Website are owned or licensed to the Agent. No permission is given by the Agent or any third party to the Client or any other person or entity to use this intellectual property.
Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
13 LIMITATION OF LIABILITY
13.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Agent for death or personal injury as a result of any negligence, breach of contract or otherwise by the Agent or its officers, employees or agents.
13.2 None of the exclusions or limitations as set out in these Terms and Conditions shall affect any rights the Client may have as a consumer or by statute.
13.3 With the exception of the conditions stated in clauses 13.1 and 13.2 the Agent shall, in the event of any breach of these Terms and Conditions, be limited to damages which shall in no circumstances exceed the price of the Services and the Agent shall not be liable for any indirect, incidental or consequential loss or damage whatsoever.
The Client shall indemnify the Agent against all claims, costs and expenses which the Agent may incur and which arise directly or indirectly from the Clients breach of any of its obligations under these Terms and Conditions.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Agent.
17 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Registration Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
21 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
22 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of [England OR Scotland] and the parties hereby submit to the exclusive jurisdiction of the [English OR Scottish] courts.
RIGHT TO CANCEL
1 You have the right to cancel this contract within 14 days without giving any reason.
2 The cancellation period will expire after 14 days from the day:
of the conclusion of the contract, in the case of a service contract or a contract for the supply of digital content which is not supplied on a tangible medium;
on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, in the case of a sales contract;
on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately;
on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces;
(e) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good, in the case of a contract for regular delivery of goods during a defined period of time.
3 To exercise the right to cancel, you must inform us [NA] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
If you electronically fill in and submit the model cancellation form or any other clear statement on our website we will communicate to you an acknowledgment of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
5 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
7 We will make the reimbursement without undue delay, and not later than:
14 days after the day we receive back from you any goods supplied, or
(if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
8 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
SERVICE CONTRACTS BEGUN DURING CANCELLATION PERIOD
9 If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.