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Terms and conditions of use

http://www.datingallhours.com and http://www.datingallhours.co.uk

1.       Introduction

1.1    These terms and conditions shall govern your use of our website. Please read these terms and conditions carefully before using the website datingallhours.com or datingallhours.co.uk ('our', 'we' or 'us'). In particular, we draw your attention to clauses 11 (Applicability of online materials) and 24 (Limitations and exclusions of liability).

1.2    By using our website, you accept these terms and conditions in full and you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age. You are not eligible and must not apply to become a Member if you are under 18 years of age or have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment. (Any breach of this clause is a serious breach of this agreement.)

1.5    Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

1.6    Definitions:

i. Member - a validly registered user of the Services, whether paid or unpaid

ii. Member Content - information published by Members on the Services, or sent by Members to other Members through the Services, including profiles, personal ads, messages, chat, videos, photographs, sound

iii. Site - our website at www.datingallhours.com or such other website as we may use to provide the Services from time to time

iv. Services the group of services made available by Dating All Hours, the purpose of which is to facilitate online meetings between individuals, for personal, leisure and non-business purposes and which is accessible from multiple platforms (including the Site, SMS, MMS, WAP) whether with or without payment

v. T&Cs - these terms and conditions

vi. User - means any person who uses the Services

vii. 'Terms of Use' refers to this contract.

2.       Nature of our website

2.1    Our website is aimed as a place for you to meet men and women. Our website describes the services and products in more detail.

2.2    Please note that our website is available only to individuals that can form legally binding contracts under applicable law. YOU MUST BE 18 YEARS OLD OR OVER.

3.       Our contract with you

3.1    This clause explains the basis on which you are entering into a legally binding contract with us.

3.2    As part of creating a membership you will be given the opportunity to accept these conditions. You will not be able to continue with our service until you check the 'Yes I certify that I am 18 or over and I accept the terms and conditions and privacy policy'. Once you submit your details this will constitute a formal offer by you to enter into a legally binding contract with us. If you do not wish to submit your information to us, please do not click the "Finish and create membership" button.

3.3    On receipt we will send to the e-mail address provided by you, details of your profile. Acceptance of your offer by us shall be deemed to have been given as soon as we send you the email. Clicking the same will activate membership.

4.       Modifications to website

4.1    We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these terms and conditions.

4.2    Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.

5.       Copyright notice

5.1    Copyright (c) 2008 Dating All Hours.

5.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

5.3    The contents of our website are protected by international copyright laws and other intellectual property rights. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

6.       Licence to use website

6.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website;

(d)    stream audio and video files from our website; and

(e)    use our website services by means of a web browser,

        subject to the other provisions of these terms and conditions.

6.2    Except as expressly permitted by Section 6.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

6.3    You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

6.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

6.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

6.6    Notwithstanding Section 6.5, you may redistribute our newsletter in print and electronic form to any person.

6.7    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

7.       Acceptable use

7.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)    access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)    violate the directives set out in the robots.txt file for our website; or

(g)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

7.2    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

8.       Registration and accounts

8.1    You may register for an account with our website by completing and submitting the create membership form on our website, and clicking on the verification link in the email that the website will send to you.

8.2    You must not allow any other person to use your account to access the website.

8.3    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

8.4    You must not use any other person's account to access the website.

9.       User login details

9.1    If you register for an account with our website, you will be asked to choose a username and password.

9.2    Your username must not be liable to mislead and must comply with the content rules set out in Section 20; you must not use your account or username for or in connection with the impersonation of any person.

9.3    You must keep your password confidential.

9.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

9.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

10.    Security

10.1  You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

10.2  We encourage everyone to treat each other with mutual respect. Do not use the website to threaten, harass, stalk, or abuse others participating in any parts of this website. Refrain from all expressions of bigotry, racism, homophobia, hatred, foul language or profanity. Your membership will be terminated if you violate or offend a particular member. By participating in a user-created area, you agree to be bound to the rules of that area.

10.3  If you arrange to meet up with another Internet user, always tell a friend where you are going. Always meet in a public place. Do not be afraid to walk away if you feel uncomfortable.

10.4  As soon as we are made aware of any activity which breaches any of these Conditions or the Privacy Policy or any applicable laws or regulations, or in the event that our rights, or third party rights are threatened or infringed, prompt action may be taken, which may result in the authorities being informed or your membership being terminated.

10.5  As soon as we are made aware of any activity which breaches any of these Conditions or the Privacy Policy or any applicable laws or regulations, or in the event that our rights, or third party rights are threatened or infringed, prompt action may be taken, which may result in the authorities being informed or your membership being terminated.

10.6  We do not warrant that the service will be uninterrupted or error- free or that defects in the service will be corrected. You also understand that we cannot and do not guarantee or warrant that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

11.    Applicability of online materials

11.1  Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use. The website is targeted at persons who are 18 years of age or above.

11.2  Our website is controlled and operated by us from our offices in England. Where content published on the website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.

11.3  We have used our best endeavours to ensure that our website complies with English laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside England. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.

11.4  We make no representations and gives no warranties, express or implied that making the service available in any particular jurisdiction outside England is permitted under any applicable non-English laws or regulations. Accordingly, if making the service or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, this website is not offered to you. You accept that if you are resident outside England, you must satisfy yourself that you are lawfully able to subscribe. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside England or who are nominees of or trustees for citizens, residents or nationals of other countries.

12.    Cancellation and suspension of account

12.1  We may:

(a)    edit your account details;

(b)    temporarily suspend your account; and/or

(c)    cancel your account,

        at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 12.1.

12.2  You may cancel your account on our website by sending an email to

       

        from the email address you have registered with your account with the subject heading "DELETE" and the Dating All Hours username in the main body of the email. The email address you have registered with your account can be found out by logging into the website and going to the 'My Account' webpage. You will not be entitled to any refund if you cancel your account in accordance with this Section 12.2.

12.3  We have the right to terminate this contract at any time immediately without notice if in our reasonable opinion:

a)  you have committed a serious breach of this agreement; or

b) any Member Content published or sent by you or your continued registration is damaging or potentially damaging to our Site or other Users.

13.    Dating services

13.1  Registered users will be able to access dating-related services on our website, which may include:

(a)    the publication of a personal profile on our website;

(b)    access to our searchable database of other users' personal profiles;

(c)    private messaging of other website users; and/or

(d)    our automated matching service.      

13.2  Save where expressly requested or permitted by us to do so, you must not add any information to our website that may facilitate direct communications with other users (including without limitation email addresses, postal addresses, instant messaging IDs, telephone numbers, fax numbers, personal website URLs and social networking profile URLs).

13.3  You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 24.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.

14.    Personal profiles

14.1  All information that you supply as part of a personal profile on the website must be true, accurate, current, complete and non-misleading.

14.2  You must keep your personal profile on our website up to date.

14.3  Personal profile information must also comply with the provisions of Section 7 and Section 20.

15.    Fees

15.1  The fees in respect of our website services will be as set out on the website from time to time.

15.2  All amounts stated in or in relation to these terms and conditions are, unless the context requires otherwise, stated inclusive of any applicable value added taxes.

15.3  You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

15.4  We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

15.5  If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

15.6  If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)    an amount equal to the amount of the charge-back;

(b)    all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)    an administration fee of GBP 25.00 including VAT; and

(d)    all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 15.6 (including without limitation legal fees and debt collection fees),

        and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 15.6.

15.7  If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

15.8  We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

16.    Distance contracts: cancellation right

16.1  This Section 16 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

16.2  You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:

(a)    beginning upon the submission of your offer; and

(b)    ending at the end of 14 days after the day on which the contract is entered into,

        subject to Section 16.3. You do not have to give any reason for your withdrawal or cancellation.

16.3  You agree that we may begin the provision of services before the expiry of the period referred to in Section 16.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:

(a)    if the services are fully performed, you will lose the right to cancel referred to in Section 16.2;

(b)    if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 16.

16.4  In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 16, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

16.5  If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 16, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 16.

16.6  We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

16.7  We will process the refund due to you as a result of a cancellation on the basis described in this Section 16 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

17.    Your content: licence

17.1  In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

17.2  You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use (including for publicity), reproduce, store, adapt, publish, translate and distribute your content in any existing or future media. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us. You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this agreement and/or to your use of the Services.

17.3  You grant to us the right to sub-license the rights licensed under Section 17.2.

17.4  You grant to us the right to bring an action for infringement of the rights licensed under Section 17.2.

17.5  You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

17.6  You may edit your content to the extent permitted using the editing functionality made available on our website.

17.7  Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

18.    Information you provide to us

18.1  The following applies to any information you provide to us, for example during any registration or subscription services; you authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and e-mail address, to the extent reasonably necessary to provide the subscription services which are available through our website.

18.2  By accepting these terms and conditions, you agree to the processing of your Personal Information. If you would like to review or modify any part of your Personal Information then you should enter your profile and modify accordingly.

18.3  You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.

19.    Member Content

19.1  It is your responsibility to decide which information to publish or send via Member Content. Dating All Hours cannot be held liable for any misuse thereof by any other User or third party.

19.2  We are not liable for Member Content or other activities of Members which may breach the rights of other Users or third parties.

19.3  We permit Members to notify us of inappropriate Member Content. You acknowledge that such notification may take place and that we may take steps outlined in these Terms and Conditions in respect of such information which comes to our attention.

19.4  We reserve the right not to accept or to suspend or remove from our Services all or part of any profile, personal ad or any other Member Content for any reason.

19.5  We reserve the right to irretrievably delete messages and other Member Content after any period or if we exercise any right of termination under this agreement.

20.    Your content: rules

20.1  You warrant and represent that your content will comply with these terms and conditions.

20.2  Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

20.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be in contempt of any court, or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)     be blasphemous;

(j)     be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)     depict violence in an explicit, graphic or gratuitous manner;

(m)   be pornographic or sexually explicit;

(n)    be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;

(r)    cause annoyance, inconvenience or needless anxiety to any person;

(s)    you have permission to distribute all images you submit to us;

(t)     you must ensure that any person viewable in images submitted to us is aged 18 or over; or

(u)    you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services.

20.4  Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

20.5  You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

20.6  You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

20.7  We have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.

21.    Availability of our website

21.1  We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

21.2  We do not guarantee that our Services will be uninterrupted or error-free or will achieve particular results nor do we guarantee the integrity or security of data. We will use our reasonable endeavours to rectify faults if they do occur.

21.3  We reserve the right to suspend the Services at any time without notice for repair, maintenance, improvement or other technical reason.

21.4  We reserve the right to change the Services provided such changes do not have a material adverse effect on the quality of the Services.

22.    Report abuse

22.1  If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

22.2  You can let us know about any such material or activity by email or using our content complaint reporting form at http://www.datingallhours.com/web-site-info/content-complaint.aspx

23.    Limited warranties

23.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

23.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

23.3  To the maximum extent permitted by applicable law and subject to Section 24.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

24.    Limitations and exclusions of liability

24.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

        and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

24.2  The limitations and exclusions of liability set out in this Section 24 and elsewhere in these terms and conditions:

(a)    are subject to Section 24.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

24.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

24.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

24.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

24.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

24.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

24.8  To the fullest extent permitted by law we exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any parts of our website or any information or service provided through our website.

24.9  We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an 'as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.

24.10 We accept no liability for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on our part or our servants, agents or any other person or entity.

24.11You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

24.12The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

24.13You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.

24.14We shall not be liable for any damage to a User caused or contributed to by that User, for example by not complying with these T&Cs.

25.    Indemnity

25.1  You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

26.    Breaches of these terms and conditions

26.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website.

26.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

27.    Third party websites

27.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

27.2  We have no control over third party websites and their contents, and subject to Section 24.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

27.3  We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Dating All Hours and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accepts any responsibility for the content, or the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

28.    Trade marks

28.1  The trade marks (including Dating All Hours®), our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

28.2  The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

28.3  Graphics, images, photographs, animation, videos, text and software used in the Services are the intellectual property of us or our partners and your right of use is strictly limited to accessing, downloading, printing and reproducing on all media for your own personal, private and non-commercial use of the Services within the scope of these T&Cs. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (except insofar as permitted by applicable law) such content without our prior written consent.

29.    Variation

29.1  We may revise these terms and conditions from time to time. Please check the T&Cs whenever you visit the Site. You will be bound by the revised T&Cs if you continue to use our Services following the effective date shown on the revised T&Cs.

29.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

30.    Assignment

30.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

30.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

31.    Severability

31.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

31.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

32.    Third party rights

32.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

32.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

33.    Entire agreement

33.1  Subject to Section 24.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

34.    Law and jurisdiction

34.1  These terms and conditions shall be governed by and construed in accordance with English law.

34.2  Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

35.    Statutory and regulatory disclosures

35.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

35.2  These terms and conditions are available in the English language only.

35.3  The website of the European Union's online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.

36.    General

36.1  We may assign, transfer, novate or subcontract any or all of our rights and obligations under these terms and conditions at any time.

36.2  We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.

36.3  These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, order form and payment method instructions.

36.4  If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

36.5  Except in respect of a payment obligation, neither you nor us will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.

36.6  Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right. If any part of this agreement is deemed void or ineffective for any reason, the remainder shall continue in full force.

36.7  These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999.

36.8  To properly use the Services, you must have the necessary hardware, software and settings. You will also need reliable internet access.

36.9  Headings in this agreement are for information only and are not binding. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control. This agreement constitutes the entire agreement between you and us in connection with the Services. We may assign all or part of our rights or duties under this agreement; you may not do without our prior written consent. 

37.    Notices

37.1  All notices shall be given:

i. to us via e-mail at ; or

ii. to you at either the e-mail or postal address you provide during creating a membership and/or any ordering process.

37.2  Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

38.    Our details

38.1  You can contact us:

 (a)   using our website contact form http://www.datingallhours.com/web-site-info/contact-us.aspx ;

 (b)   by email

       

 

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