- 1 TERMS AND CONDITIONS
- 1.1 Please read these terms and conditions carefully as they apply to your access to and use of the services described in our website.
- 1.2 A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- 1.3 The materials contained in this website are provided for general information purposes only and do not claim to be or constitute any form of professional advice. We do not accept any responsibility for any loss which may arise from accessing or reliance on information contained in this website.
- 1.4 This website may include hyperlinks to websites operated by other parties and content posted by visitors to our website. We are not responsible for examining or evaluating them and their inclusion does not imply our endorsement of their content. We are therefore not responsible for the content of external Internet sites that link to this website or which are linked from it. Nor are we responsible for any content posted to this website by visitors.
- 1.5 The contents of this site are protected by copyright under international law.
- 1.6 Users are permitted to read the contents of this site and make copies for their own personal use only. All other use and copying of any of the contents of this site is prohibited. Copying from websites of third parties is subject to any requirements applicable to those sites.
- 1.7 We can, without liability, change or discontinue any part of the Service, temporarily or permanently. We will give you reasonable notice of any such change or discontinuance as is practicable in the circumstances. Notice of any changes to the Service will be posted on the website.
- 1.8 We can change these terms and conditions at any time but we will give you reasonable notice before doing so. We will post the amended terms and conditions on the website upon any such change. The amendments become effective upon being posted to the website and any use of the Service occurring after such posting is subject to the amendments. Your continued use of the Service after the posting of the amended terms and conditions on the website constitutes your acknowledgement of the terms and conditions and its modifications and your agreement to abide and be bound by them. These terms and conditions may not otherwise be amended, except in writing signed by both parties.
- 2 THE SERVICE
- 2.1 UPForIt provides an online introduction and dating service through the UPForIt website. The dating services that are provided enable you to contact and engage in conversation with our members and to participate in online events hosted on our website.
- 2.2 We create user profiles for use by our customer support representatives for the support, marketing and improvement of the Service. Our customer support representatives are encouraged to speak with our members and also to stimulate conversation between members by making introductions or recommendations. This is a vital part of the Service we provide. Should you wish not to be contacted in this way you can alter your preferences by visiting the 'My Account' section of this website.
- 2.3 We may, from time to time, send electronic communications to ask how our members are using certain aspects of the Service and to stimulate conversation between members.
- 2.4 There is no guarantee that you will find a date, a companion or an activity partner, or that you will meet any of our members in person.
- 3 MEMBERSHIP
By registering as a member and using any services offered on this website you warrant to us that you are over 18 years of age and that you agree to these terms and conditions. If you are not over 18 years of age or do not agree to the terms and conditions then you cannot proceed to use our website.
We offer the following payment plans:
There is no joining fee or monthly subscription fee payable for the use of the website. Upon becoming a member of the website you will have access to the free Standard Membership package ("Standard Membership"). Standard Membership gives you a limited access to features of the website. If you want, however, to get full access to all features of the website, you are welcome to buy one of the subscription packages currently available on our site.
- In the event that there is not enough money on your account/card we reserve the right to give you a discount upon purchase. The discount rate may vary depending on the current upcoming campaigns.
- In the event that there is not enough money on your account/card we reserve the right to charge you for the smaller subscription period. The period and price of the subscription will depend on the amount of money available on your account/card.
3.3 Use of website
You agree to:-
- 3.3.1 provide accurate, and up to date information as required by the registration forms on the website;
- 3.3.2 update and maintain the accuracy of such information;
- 3.3.3 only post material relevant to the users of the website;
- 3.3.4 report any misuse of the website or any misleading or inappropriate material on the website or the profiles of other members;
- 3.3.5 maintain the security of your password;
- 3.3.6 be fully responsible for all use of your account and for any actions that take place using your account; and
- 3.3.7 only post genuine ratings of and comments on other users' profiles and other content based on your personal experience. Please note that any comments you make, if false, could be defamatory and could lead to legal proceedings being taken against you.
- 3.4 You agree not to use the website to:-
- 3.4.1 impersonate any person or organisation or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or organisation;
- 3.4.2 upload or share any unsolicited or unauthorised material or advertising;
- 3.4.3 upload, publish or display any personal or confidential information of any person or organisation without their prior consent;
- 3.4.4 solicit or request personal information from anyone under the age of 18 or solicit passwords or personal information for unlawful purposes;
- 3.4.5 upload, share or otherwise make available any material that contains viruses or similar software or programs;
- 3.4.6 upload, share or otherwise make available any material which may be illegal, discriminatory in any way, of a sexual nature or otherwise offensive or harmful to other users of the website or others;
- 3.4.7 upload, share or otherwise make available any material which is deliberately misleading or fraudulent;
- 3.4.8 intimidate or harass any person or organisation;
- 3.4.9 engage in or transmit any unauthorised surveys, contests, chain letters or unsolicited mass distribution of e-mail;
- 3.4.10 promote another service, site and/or business or buy or sell products and/or services;
- 3.4.11 interfere or disrupt networks connected to the Services or attempt to interfere with the proper functioning of this website (including imposing an unreasonable load on the infrastructure of this website);
- 3.4.12 use or attempt to use the account of any other user without the consent of that user or our prior written authorisation; or
- 3.4.13 use, process or disseminate any of the information on this website for any purpose other than the purposes for which the information was provided.
- 3.5 You are solely responsible for any content which you upload, publish or display on this website. You warrant that you will not upload, publish or display any content that you did not create or that you do not have permission to upload publish or display. We reserve the right to review all content on the website and delete or remove any content which breaches these terms and conditions or which may be offensive, illegal or harmful to the safety of users of the website or to others.
- 3.6 By publishing, uploading or displaying content on the website you grant to us, and represent and warrant that you have the right to grant, an irrevocable, non-exclusive, royalty free licence to use, copy, publish, display, reformat, translate and distribute such content for any purpose in connection with the website, the associated services and the promotion of the website and the Service. You may remove content you have uploaded, published or displayed at any time, whereupon the licence granted above will expire, provided that we shall be permitted to retain archived copies of all such content.
- 3.7 Security
- 3.7.1 Access to your user account with us and the material available to registered users on our website will be gained by using the screenname or email address and the password selected by you or provided to you during the registration procedure. You are responsible for ensuring the confidentiality and proper use of your login details and account and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. In order to assist us with our security policy, you should not leave your computer terminal unattended while you are logged on to our website and should ensure that it is switched off each time you have finished.
- 3.7.2 You must tell us immediately if you believe that an unauthorised person knows your login details or has access to your account.
- 3.7.3 We reserve the right to refuse service or terminate your account if we suspect an unauthorised person is attempting to access it.
- 3.8 Your Profile
- 3.8.1 If your profile is removed by us or on termination of your membership, all data stored, including all messages previously sent or received, will be irreversibly deleted. You should therefore save any important information on your own systems.
- 3.8.2 If we consider that your profile is inappropriate, or does not comply with these terms and conditions, you will be advised of this decision, with reasons, and given a period of time to revise your profile. During this period, your profile may be hidden so that you can still log in and update details but your profile will not be available for other users to view.
- 3.9 Termination
- 3.9.1 If you wish to terminate your membership at any time please contact us using the contact details listed in paragraph 7 of these terms and conditions.
- 3.9.2 We may terminate your membership at any time by serving 1 days notice of termination on you.
- 3.9.3 If you have breached these terms and conditions we can terminate your membership immediately.
- 3.9.4 Upon termination of the Service you agree that we can immediately delete the files in your account and prevent any further access to such files or the Service.
- 3.10 Cancellation
- 3.10.1 Under any Consumer Protection Regulations, you can postpone commencement of the Service until the seven working day cooling-off period has expired. However, if you choose to become a member and enter the Website, you are electing to commence the Service immediately and you thereby waive any right to cancel the Service under the above Regulations.
- 4 LIMITATION OF LIABILITY AND INDEMNITY
- 4.1 Your attention is drawn specifically to this paragraph.
- 4.2 This website or any part of it may not be compatible with your browser or computer configuration and we make no warranty that it is. We make no warranty that our services via this website will be available at any particular time or that your access to our website will be uninterrupted, timely or error free and we will not be responsible if we are unable to provide the website or its services for any reason.
- 4.3 If you are accessing our website and services in the course of a business, all implied warranties and conditions are excluded to the maximum extent permitted by law.
- 4.4 We shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of any unauthorised or possible unauthorised use of your login details or of a breach of security.
- 4.5 We shall not be liable for (a) any loss of profit, data loss, loss of production, depletion of goodwill and (b) any indirect loss, costs or expenses whatsoever in each case arising out of your use of our website, your use of our services available or advertised on our website or our failure to deliver services contained on our website. Our total liability for losses arising out of your use of this website, your use of the services available through it or our failure to deliver any such services shall be limited to the total cost of the purchase under which the claim arises for any one event or series of connected events or, if no service has been purchased, to $ 100.
- 4.6 If you are accessing our website to use the Services available through it otherwise than in the course of your business, you have certain statutory rights as a consumer regarding the performance of services. These statutory rights are not and will not be affected by any statement contained in these terms and conditions (and in particular, any provision which has the effect of limiting our liability to you in the event that any service is defective or fails to correspond with the description given to it on this website shall not apply).
- 4.7 You warrant to us that you will not use this website or any other services accessible through your user account with us for any unlawful purposes or in a way that is prohibited by these terms and conditions. We may immediately terminate your account and your ability to access this website if you breach any such terms and conditions or if we believe that we or our other customers may incur liability from your actions.
- 4.8 If you are accessing our website in the course of a business, you agree to indemnify us and to keep us indemnified (except to the extent caused by our negligence, fraud or wilful default) from all or any liability or damages we incur in contract, tort (including negligence) or otherwise towards a third party as a result of your use of this website or any of the services accessible through your user account or any content published, uploaded or displayed by you on the website.
5 OUR CUSTOMER COMPLAINTS POLICY
We are committed to meeting the highest quality standards in the delivery of the service we provide to our customers. We aim to provide efficient and effective service and take any problems that do arise very seriously indeed. We aim to ensure that any complaints our customers may have are identified quickly and dealt with in accordance with our complaints handling procedure. In the event that you have any cause for complaint with regard to any of our services please contact using the contact details contact details listed in paragraph 7 of these terms and conditions.
- 6.1 This website is owned and operated by us.
6.3 Your information
The information you provide to us when using this website will be processed for the following reasons:-
- 6.3.1 to administer your user account with us;
- 6.3.2 to process any request for advice or information supplied by us;
- 6.3.3 to notify you of our bulletins, information packs, products and services unless you select not to receive these from us;
- 6.3.4 to notify you about the products and services of other third parties who we work with unless you select not to receive these from us;
- 6.3.5 to customise this website according to your interests;
- 6.3.6 to comply with our statutory and regulatory obligations; and
- 6.3.7 to process any orders you make through our website. If you do not wish to receive additional information from us, you can let us know by checking the appropriate box on the new account registration form.
- 6.4 The type of information we will collect about you includes:-
- 6.4.1 your name and address;
- 6.4.2 your phone number and e-mail address;
- 6.4.3 your occupation;
- 6.4.4 your interests;
- 6.4.5 the information included in any online services to which you subscribe;
- 6.4.6 details about the services you specifically request; and
- 6.4.7 information you complete in relation to our client surveys or promotions.
- 6.5 We will never collect sensitive information about you without your explicit consent.
- 6.6 Any information that we collect about you is stored electronically on our database. It may also be printed and stored in our filing system.
- 6.7 We will keep your personal information confidential except where you have posted it for publication or display, to the extent that we are compelled to disclose it by law (for example where fraud or other crime is involved) or to comply with an instruction of a regulatory body of competent jurisdiction. From time to time we may be called upon to demonstrate our maintenance of certain professional standards as set by appropriate authorities and/or to satisfy our auditors and/or to comply with regulations in relation to money laundering or other statutory requirements. If you do not consent to our production of your details for this purpose only as an exception to our duty of confidentiality, you can let us know by checking the appropriate box on the new account registration form.
- 6.8 If you believe that the information we hold about you is inaccurate or if you wish us to cease processing your data for any particular purpose or purposes, write to us at the above address or e-mail firstname.lastname@example.org.
- 6.9 Should you wish to obtain a copy of the personal data that we hold on you, please send an e-mail to the following address: email@example.com. As soon as we are satisfied as to your identity, we will send to you, within 40 days, a copy of all the data that we hold concerning you.
- 6.10 British Virginia Data Protection Act requirements
The personal information which we hold will be held securely to ensure no unauthorised disclosure or access. When you register for a user account with us you will be required to adhere to the security provisions set out in our terms and conditions.
- 6.11 Marketing
- 6.11.1 We may like to contact you in the future for marketing purposes. By agreeing to these terms you are giving us your consent to do so. If you would not like us to contact you concerning our services and offers that may be of interest to you then please check the appropriate box within the 'my account' area when signed in.
- 6.11.2 We may pass the information we collect about you to other members of our group or to companies with which we have joint ventures or strategic alliances. We would like to pass your information to carefully selected companies that we work with in order for them to contact you for the purposes of marketing similar or related services which may be of interest to you. If you would not like us to pass your information on to third parties for this purpose then please check the appropriate box within the 'my account' area when signed in.
- 6.11.3 You may refuse any marketing communication from us in the future at any time by emailing us at firstname.lastname@example.org.
When visiting our web pages, we would like to use tracking technologies which record and store information about you automatically. This can include using a "cookie" which would be stored on your browser. However, we will not do this unless you give to us your express permission for this to happen. If you are happy to give this permission, then please tick the box set out at the bottom of these terms. If we cannot use such technology it is possible that certain functionality of this site might be affected and you might not be able to access certain Web pages. This information does not identify you personally. We automatically collect and store only the following information about your visit:
We use this information to help us identify click stream patterns, to improve our website and to learn about the number of visitors to our website and the types of technology our visitors use. We only use this information to ensure that our Web pages stay compatible with a selection of browsers and systems and thereby ensure that the pages appeal to a wide audience. Currently our Web pages are optimised for the Internet browsers Internet Explorer 6, 7, 8, Firefox 3, Safari. We do not track or record information about individuals and their visits.
- 6.13.1 the internet domain and IP address from where you access our website;
- 6.13.2 the type of browser software and operating system used to access our website;
- 6.13.3 the date and time you access our website;
- 6.13.4 the pages you enter, visit and exit our website from; and
- 6.13.5 if you linked to our website from another website, the address of that website.
Transfer of information outside the United States
Mail is our regular members only e-mail offering exclusive discounts and deals as well as a number of reward opportunities for our members. By checking the appropriate box on the new account registration form you consent to receive compatible matches, tips, announcements and special offers from UPForIt and selected partners from address email@example.com to the e-mail address which you have provided. Should you wish to unsubscribe or reduce the number of e-mails you receive from us you can alter your preferences by visiting the 'My Account' section of this website and select the emails you dont want to receive by ticking the corresponding checkboxes. Also you can unsubscribe from a specific email by using the unsubscribe link from the email you don't want to receive any longer.
- 8 GENERAL
- 8.1 If any provision contained in these terms and conditions is determined to be invalid or unenforceable the remainder of the terms and conditions shall not be affected.
- 8.2 You agree that we have the right to assign or sub-contract any or all of our obligations under these terms and conditions. You shall not, without our prior written consent, assign these terms and conditions.
- 8.3 The information contained in our website and any services have been prepared in compliance with the laws of British Virgin Islands and may not be applicable in other parts of the British Virgin Islands or overseas. You should seek appropriate legal advice if you are unsure as to which country's law or jurisdiction applies to your circumstances.
- 8.4 Our website is operated and controlled from the British Virgin Islands and these terms and conditions and your use of this website are governed by and construed in accordance with the laws of British Virgin Islands . Unless you are using our website and services as a consumer, by agreeing to these terms and conditions you consent to all disputes arising out of or relating to your use of this website being decided only by the courts of British Virgin Islands. If you are accessing this website from another jurisdiction it is your responsibility to ensure compliance with the laws that apply to that jurisdiction.
- 8.5 You are not permitted to assign your rights under these terms and conditions. Except as expressly provided by these terms and conditions, no third party may enforce these terms and conditions by virtue of the British Virgin Islands Contracts.
What information will be collected?
The type of information we will collect about you includes:-
We will never collect sensitive information about you without your explicit written consent.
- your name, address, occupation, phone number and e-mail address
- the information included in your membership profile and that you provide via our client surveys, your interests and details about the services you specifically request.
How will the information be used?
The information you provide to us when using this website will be used to administer your user account with us (including notifying you of any updates or services, should you consent to this), customise the site according to your interests, ensure that you are complying with the terms and conditions of use and to comply with our statutory and regulatory obligations. By registering a profile you consent to the wider dissemination of the information you provide in that profile to the other users of the site, some of whom may be outside the USA, to achieve your joint objectives. We will keep your personal information confidential except where you have posted it for publication or display, to the extent that we are compelled to disclose it by law or to comply with an instruction of a regulatory body of competent jurisdiction. We adhere to strict security procedures and your personal information will be held securely to ensure no unauthorised disclosure or access.
When visiting our web pages, we generally use tracking technologies which record information about you automatically. This information does not identify you personally and is used to ensure that our Web pages stay compatible with a selection of browsers and systems.