www.mysinglefriend®.com Terms & Conditions

These TERMS AND CONDITIONS ("Terms") govern your use of the content and material which is located at www.mysinglefriend.com ("the Website") and via the MySingleFriend iPhone "App".

Please read these Terms and ensure that you have understood them. If you do not agree to these Terms, please cease use of the Service immediately.

Definitions

"MSF" means MySingleFriend Limited, a company registered in England with company number 05207745, whose principal office is at 7 Swallow Place, London W1B 2AG. MSF can be contacted by email using admin@mysinglefriend.com or phone 020 7053 7053;

"App" means the MySingleFriend mobile application available on iPhone;

"Content" means any content, emails, messages, photos or Profiles submitted or sent by Users to MSF or its employees or its agents, through their Use of the Service;

"Fee" means a fee for the Subscription based on the relevant Period as set out in the price list located on the page here and on the payment and upgrade pages of the Service, and payment of which shall entitle a User to be a Subscriber for the relevant Period(s);

"Period" means a 1, 3, or 6 month period in respect of the relevant Subscription commencing on the date of payment of a Fee;

"Profile" means the information held by MSF about a User, such information having been submitted by either (i) the User to whom the information relates, or (ii) another User, permission having been obtained by MSF from the User to whom the information relates prior to such User's information being made available to other Users;

"Service" means the Website and App owned and managed by MSF;

"Subscriber" means a User who has either (i) paid the relevant Fee, or (ii) on whose behalf another User has paid the relevant Fee;

"Subscription" means a subscription by a Subscriber for the use of the additional features and functionalities on the Service in respect of each Period;

"Terms" means the terms and conditions set out herein;

"Use" means registering and updating Profiles, looking at the Profiles of other Users, contacting other Users, MSF or its employees and / or its agents and making payment of the Fee to MSF;

"User" means any person who registers their details with the Service including but not limited to the Subscriber and thereby agrees to comply with these Terms;

"Website" means the website www.mysinglefriend.com

Registration and Subscription

  1. You must be single and eighteen (18) years old or over to Use the Service.

  2. By Using the Service you warrant that you have the right, authority and capacity to enter into and be bound by these Terms.

  3. The Service is provided for the personal Use of individual members only and you may not Use the Service for any commercial purposes.

  4. You may use the site for free as a guest or as a member, however some features are only available to members who have purchased a valid subscription package (Subscribers).

  5. By registering with the Service you warrant that you have not been convicted of or currently charged with any offence (or are subject to any court order, police investigation, formal caution or similar) specifically relating to fraud, assault, violence, sexual misconduct or harassment.

  6. On payment of the relevant Fee, Subscribers hereby agree and consent to the immediate commencement of the performance of the services by MSF.

  7. If you are a Subscriber, your Subscription shall automatically renew at the end of each relevant Period. In order to automatically renew your Subscription, MSF shall automatically charge you for the relevant Fees by using the details of your debit or credit card which you used to pay for your first Subscription. If your debit or credit card details have changed since your last use on the Service, MSF will not be able to automatically renew your Subscription and you will need to subscribe again at the current rates. If you wish to terminate your Subscription, you shall be required to comply with clause 25 or, if the subscription was taken out via the App, via your iTunes account. Subject to clause 25, all Fees shall be non-refundable for any reason whatsoever.

  8. It shall be at MSF's sole discretion whether to accept any Content, including Profiles and Photos. In the event that any Content is not accepted by us, we may contact you to explain the reasons for this, but shall be under no obligation to do so. Under such circumstances, provided that you have not breached any of these Terms, the relevant Fee shall not be payable and shall, where relevant, be reimbursed.


Use of the Service

  1. You shall only Use the Service for the purpose of facilitating online introductions.

  2. You shall comply with all U.K., U.S., foreign and local laws and regulations which apply to your Use of the Service in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

  3. In the event that MSF, in its sole discretion, considers that you are making any illegal and/or unauthorised Use of the Service including, without limitation, submitting an inappropriate Profile, collecting usernames and/or email addresses of Users by electronic or other means for the purposes of sending unsolicited email, or unauthorised framing of, or linking to, the Service or sending abusive, offensive, harassing, rude or threatening communications to MSF, to MSF users, to MSF agents and or to MSF employees, MSF reserves the right to take any action that it deems necessary, including terminating without notice your Use of the Service in accordance with clauses 15 and 27; in the case of illegal Use, instigating legal proceedings, and in the case of submitting an inappropriate Profile, disabling such Profile without any notice to you.

  4. You are solely responsible for any Content that you publish or display on the Service or that you transmit to other Users. Please remember that MSF is a public site and therefore profiles & photos may be available publicly. See clause 16.

  5. You must not provide any false information in respect of your name, age, build, height, marital status, date of birth, phone number, postcode or location to MSF. In the event that MSF has reason to suspect that you have provided false information, or that you are not single, MSF reserves the right to terminate your Use of the Service and/or disable your Profile without notice.

  6. You must not include in your Profile, nor transmit to another User without first becoming a Subscriber, any personal contact information, including but not limited to telephone numbers, street addresses, last names, URLs or email addresses.

  7. In the event that MSF, in its sole discretion, considers that any Content violates these Terms or is offensive or illegal, or considers that any Content or your actions or behaviour (whether in relation to the Service or otherwise) has the potential to violate the rights of, harm or threaten the safety of others, MSF reserves the right to take any action that it deems necessary, including, but not limited to, disabling your Profile, deleting Content, restricting the number of emails that you can send to other Users or terminating your Use of the Service. Some examples of the types of Content that violates these Terms are any Content that:

    1. expresses or implies that any statements made by you are endorsed by MSF;
    2. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    3. harasses or advocates harassment of another person;
    4. displays pornographic or sexually explicit material of any kind;
    5. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from any person under the age of 18;
    6. promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
    7. promotes any illegal activities;
    8. promotes illegal or unauthorized copying of another person's copyright work, including but not limited to providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;
    9. provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone else's privacy or providing or creating computer viruses;
    10. contains restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page);
    11. solicits passwords or personally identifying information from other Users for commercial or unlawful purposes;
    12. involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming"
    13. promotes information that you know to be false or misleading;
    14. contains inappropriate Profile e.g. names or contact details;
    15. engages in commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of MSF.
  8. By publishing or displaying any Content on any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to MSF an irrevocable, perpetual, non-exclusive, fully paid, worldwide licence to use, copy, perform, display and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content and to grant and authorise sublicenses of such Content. In respect of any such dealings by MSF and its sub-licensees, you hereby unconditionally and irrevocably waive any moral rights which you may have in the Content under Part 1, Chapter IV of the Copyright Designs and Patents Act 1988 and any similar or corresponding foreign rights.

  9. You are solely responsible for your interactions with other Users. MSF reserves the right, but has no obligation, to monitor any dispute between you and another User.

  10. MSF will operate the Service with the reasonable skill and care of an online service provider.

  11. MSF will use reasonable endeavours to maintain the operation of the Service, however it may be necessary to temporarily suspend the Service for operational reasons, including but not limited to repairs, planned maintenance or upgrades. MSF will use reasonable endeavours to restore the Service as soon as possible after any suspension. MSF shall not be liable to you for any such suspension.

  12. MSF reserves the right to make changes to the Service from time to time, provided that such changes have no material adverse effect on the quality of the service provided to Users.

  13. In the process of answering queries, the customer service team may access user messages and other profile details in order to investigate and solve issues. User consent for this is given by way of agreeing to the terms & conditions.


Cancellation/refund

  1. You can stop any further payments being taken by visiting 'My Profile & Settings' and then clicking 'Payments & Subscriptions' or by clicking here when logged in. Or, if you paid via the App, by cancelling via your iTunes account.

    Please note that you should cancel your subscription at least 24 hours before the payment is due to prevent payment being taken.

    If you cancel your subscription within 14 days of your order, we use the following rules to determine the validity and amount of any refund:

    • If you have not used the service: we will refund your subscription in full.

    • If you have used the service*: subscriptions of 1 month or more - we will calculate the days used at a daily rate of £1 (based on the 7 day rate of £7) and refund the difference.

    • Subscriptions of less than 1 month - No refund entitlement.


*The definition of service use is where you have sent or read a message using the site's internal messaging system.

Payments made through the App are handled by the iTunes Store. All refunds are governed by the iTunes Store refund policy and must be dealt with by iTunes Customer Services.

Term and Termination

  1. These Terms will remain in full force and effect while you are a User of the Service.

  2. You may cease to be a User at any time, for any reason, effective upon receipt by MSF of your written or email notice of termination, sent to the email address or postal address detailed in ‘Definitions’.

  3. If you are a Subscriber, your Subscription shall be for the relevant Period and shall automatically renew for terms of equivalent Periods in accordance with clause 7, unless terminated by you at any time and for any reason by giving written or email notice of your intention to terminate, sent to the email address or postal address detailed in ‘Definitions’.

  4. We may suspend or terminate your registration at any time:
    Immediately without notice or refund if in our reasonable opinion you have committed a serious breach of this Agreement or any User Content published or sent by you or your continued membership is or might be damaging to our business or to other Users;
    or
    otherwise on seven days notice to you by email in which case we will provide a full refund of the proportion of your subscription payment that relates to the period after termination.
    Following suspension or termination of your registration, you must not attempt to re-register as a Member or to use our Services unless we notify you that any suspension has been lifted.

Intellectual Property

  1. The intellectual property (copyright, trademarks, patents, design rights etc) associated with the functionality and design of the Service is either owned by or licensed to MSF. The intellectual property (copyright, trademarks, patents, design rights etc) associated with the Content is either owned by or licensed to MSF or owned by a User

  2. You are expressly prohibited from:

(i) reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Service;

(ii) removing, modifying, altering or using any registered or unregistered marks/logos owned by MSF, including but not limited to the mark "mysinglefriend®" and


doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Service or could be considered an infringement any of the intellectual property rights owned and/or licensed to MSF without first obtaining the written permission of the owner of the intellectual property.

Disclaimer

  1. The Content may include facts, views, opinions, advice and recommendations. These views, opinions, advice and recommendations are not endorsed by MSF and, to the maximum extent permitted by law, MSF shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of the information provided on the Service.

  2. MSF are not responsible for the conduct of Users either online or offline. Please use caution and common sense when using the Service and ensure you have reviewed the safety guidelines contained here: www.mysinglefriend.com/safety

  3. The Service may contain errors and, from time to time, may not be accessible by Users. The information provided on the Service by MSF is intended as information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action.


Warranties, Liabilities and Indemnity

  1. MSF cannot guarantee and do not promise any specific results from Use of the Service. To the maximum extent permitted by law, MSF expressly excludes all representations, warranties, obligations and liabilities in connection with the information provided on the Service, including but not limited to warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, or otherwise.

  2. To the maximum extent permitted by law, MSF expressly excludes:

    1. all conditions, warranties and other terms whether express or otherwise implied by statute or common law;
    2. any liability for indirect or consequential loss which are losses that are incurred as a side effect of the main loss or damage;
    3. loss of profit and business;
    4. loss of income or revenue;
    5. loss of goodwill and reputation;
    6. loss of romantic prospects;
    7. loss of expectation;
    8. loss of opportunity;
    9. loss of use;
    10. loss of information and data;
    11. loss arising out of or in connection with wasted management or personal time; any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any claims for direct financial loss that are not excluded by any of the categories set out above.
  3. Nothing in these Terms shall serve to limit or exclude you and MSF's liability for death or personal injury resulting from your or MSF's negligence or any liability for fraudulent misrepresentation.

  4. Subject to clause 33, MSF's maximum aggregate liability to you under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise, shall not exceed £100.

  5. In the event that you have a claim or right of action against any other User arising from that User's Use of the Service, you agree to pursue such claim or action independently of and without any demands from MSF, and you release MSF from all claims, liability and damages arising from or in any way connected to such claim or action.

  6. In the event that a claim or action is brought against MSF arising from your activities or Use of the Service, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend MSF in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow MSF to assume the exclusive defence and control of the matter.


Data Protection and Privacy Policy

  1. MSF is committed to protecting (i) the privacy of Users; and (ii) the confidentiality of the information provided to it by Users Using the Service.

  2. MSF is the data controller of your data submitted using the Service. MSF is registered under the Data Protection Act 1998 (DPA) and MSF complies with the DPA in all our dealings with your personal data.

  3. When Using the Service, you hereby consent to MSF processing your personal data to the extent necessary to facilitate online introductions and to enable MSF to operate the Service for the purposes for which it is reasonably intended to be operated. For the avoidance of doubt, you hereby expressly give your consent to MSF processing data provided by you in respect of your sexual orientation.

  4. MSF reserves the right to gather information relating to use of the Service. By using the Service you consent to collection and use of this information.

  5. Links to third party websites may appear on the Service. Such third party websites are not the responsibility of MSF and MSF accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not necessarily endorse the views expressed within them.


Changed Terms

  1. We may change these Terms or the privacy policy at any time by posting a revised version on the Service. Please check the Terms and the privacy policy whenever you visit the Service. You will be bound by the revised Terms and privacy policy if you continue to use our Service following the date on which the revised Terms or privacy policy are published on the Service.


Law and Jurisdiction

  1. These Terms shall be governed by and construed in accordance with the laws of England.

  2. You irrevocably submit to the exclusive jurisdiction of the courts of England to settle any dispute which may arise out of or in connection with these Terms.


Rights of Third Parties

  1. These Terms do not create any rights under the Contracts (Rights of Third Parties) Act 1999 ("Act") which are enforceable by any person who is either not a party to them or who is not a provider of the relevant goods and/or services.


Miscellaneous

  1. You may print and keep a copy of these Terms, which form the entire agreement between you and MSF and supersede any other communications or advertising with respect to the Service.

  2. Failure by MSF to enforce these Terms does not constitute a waiver of such right.

  3. If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

  4. MSF shall not incur any liability to any User on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of MSF. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions.