These conditions indicate the basis upon which Leamore Internet Ltd carries out a service of
inter community of singles people on behalf of clients
- Definitions
The following terms shall have the following meanings
“Agreement”. Leamore Internet Ltd (referred to herein as LIL) will provide the service of
connecting single person in return for the payments set out below
“Conditions”: The provisions set out below which shall be incorporated into this agreement in
their entirety
“Post”: means display, exhibit, publish, distribute, transmit and/or disclose information,
details and/or other material on the service, and the phrases “Posted” and “Posting” shall be construed
accordingly.
“Profile”: means the section containing details and/or information about you composed and posted
by you
“You, your or yourself”: means anyone whose application for the service is accepted by
LIL
- Obligations
2.1 LIL shall have no liability for damages, death of or injury to you, claims, proceedings
actions, awards, expenses, costs and any other losses and/or liabilities unless due to the negligence and
other failure of LIL to perform its obligations under this agreement or under the general law
2.2 LIL shall not be liable to the service user for any defect in the
service contributed to by you and/or any other user.
2.3 LIL shall have no liability to you to the extent that you are covered
by any policy of insurance and you shall ensure that your insurers waive and any and all rights of
subrogation they may have against LIL.
2.4 LIL shall have no liability to you arising out of your use of the
service and/or your reliance on any information and/or other material posted on the service or posted to
you by other service users.
2.5 LIL shall have no liability to you for any:-
Economic and/or other similar losses: and/or
Special damages and indirect losses
Consequential losses, for example, loss of profit, damage to goodwill, loss of data, loss of
programs and/or service interruptions.
2.6 You shall be under a duty to mitigate any loss damage, costs or
expenses that you may suffer
2.7 Our total Liability to you under and/or arising in relation to any contract shall not exceed
5 times the amount paid by you for the service (if any) under this contract or the sum of £500 whichever
is the higher.
2.7 Each of the limitations and/or exclusions in this agreement shall be
deemed to be repeated and apply as separate provision for each of:
2.7.1 Liability for breach of contract:
2.7.2 Liability in tort (including negligence): and
2.7.3 Liability for breach of statutory duty: except clause 2.10 above which shall apply once in
respect of all the said types of liability
2.8 Nothing in this contract shall exclude or limit any of your statutory
rights which may not be excluded or limited due to you acting as a consumer
3. Your obligations.
3.1 Allow LIL to exercise their decision, discretion, judgement or opinion
or approval of any matter including photographs mentions in this Agreement or arising from it.
3.2 To accept that photographs may be rejected if at the discretion of the
LIL shall deem the photograph to be unsuitable and allow LIL to modify submitted photographs to an
appropriate size and/or quality. You also accept that photos submitted may be watermarked by the site
your photo is displayed on.
3.3 You shall pay the sum due to LIL under this agreement and without any
set-off deduction, counterclaim and/or any other withholding of the monies. Any applicable banking
charges on such payments shall be borne by LIL.
3.4 All monies paid by you to LIL are non-refundable and cancellation
and/or termination by you or LIL at any time for any reason will not entitle you to a refund of monies
paid.
3.5 You will not transmit and/or post information, pictures and/or any
other material which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or
regulation or any other parties rights in (including but not limited to) intellectual property and/or
privacy rights.
3.6 You will not use the service to advertise or promote another site,
service and/or business in any way including but not limited to posting any personal e-mail
addresses,
3.7 You will not use the service to solicit other users’ business buy or
sell product and/or services through the service.
3.8 You will not miss-use in any way the service or any information posted
on the service.
3.9 You will not post and/or re-produce in any way any information and/or
material in which the copyright, trademark and/or intellectual property belongs to another party without
first obtaining the prior consent of the owners of such rights.
3.10 You will not use the service to post any chain letters and/or junk e-mail to other
users.
3.11 You will not in any way assign transfer, part with and/or authorise any other person to use
your Agreement with us.
3.12 You will not transmit and/or post and/or e-mail to another service user any information
photographs, pictures and/or any other material, which in the opinion of the site administrator is
racist, abusive, threatening or likely to cause offence to another user.
3.13 You will not post numerous messages to different users which are considered identical. LIL
has the right to choose what messages are considered as 'identical' and 'numerous'.
3.14 You Shall give LIL a reasonable opportunity to remedy for which LIL is liable before you
incur any cost and/or expenses in remedying the matter yourself . if you do not do so LIL shall have no
liability to you.
4. Price and payment
4.1 The price of the service will be displayed on sign up page. Any
increases in prices for the service will be shown
4.2 All prices payable under this agreement unless otherwise stated are
inclusive of vat and other duties taxes and any details given in relation to exchange rates are
approximate only and may vary from time to time
4.3 Payment shall not be deemed to be made until LIL received either cash
or cleared funds in respect of the full amount outstanding.
4.4 Subscriptions are automatically renewed. Cancellation of such
subscription will be effective upon that party sending written notice to the other party of their
intention three working days prior to the renewal date or your subscription. This can be done via the
feedback page, using the cancellation page
or following the instructions shown on your upgrade confirmation email.
4.5
- Confidentiality
LIL will use all reasonable commercial endeavours to keep your personal details, such as: your
surname, email address and credit card numbers(s) (where relevant) confidential and will not divulge or
allow to be divulged to any person such information other than information which is in the public
knowledge or it is required to by law.
You are joining a site that forms part of a shared database that is hosted and maintained by LIL but is
accessible via all sites across our network.
- Miscellaneous
6.1 Each party acknowledges that this agreement contains the whole Agreement between
the parties and that this agreement contains the whole agreement between the parties and that it has not
relied upon any oral or written representation made to it by the other or its employees or agents and has
made its own independent investigations into all matters relevant to it.
6.2 These conditions shall govern the agreement between you and LIL to the exclusion
of any other terms or conditions and you agree to abide by these terms and conditions.
6.3 Upon applications for membership you will be required to provide LIL with
sufficient information to show that you are 18 years or over and by accepting these conditions you
represent and warrant that you are at least 18 years old.
6.4 These conditions supersede all terms and conditions whether written or oral and
shall replace any terms and conditions previously notified to you as at the commencement date. Agreements
are cancelled as at the commencement date, but without prejudge to any rights, which have already accrued
to either of the parties. LIL reserve the right to very these conditions at any time.
6.5 employees, sub-contractors and/or agents are not authorised to make any
representations or warranties concerning the service unless confirmed by LIL in writing.
6.6 LIL reserve the right to monitor and at our option to remove/modify for any reason
any information, photographs and/or other material posted by you.
6.7 LIL shall have the rights to refuse to register applications for membership and to
terminate memberships at any time.
6.8 Your acknowledge that any details posted by you on the service will be able to be
accessed by the members.
6.9 You shall, be responsible for the accuracy of any information necessary and for
adding your email address for LIL to perform the service and for Your interactions with other
users.
6.10 The agreement between you and LIL shall come into effect on acceptance of your application
for membership. No application for membership shall be deemed to be accepted by LIL until you have
received confirmation of your membership from LIL by email.
6.11 Your details and Profile will be displayed on the service and you will be able to view the
details and profiles of other users.
6.12 You will not be able to contact or reply to another user’s messages
until LIL has received payment.
6.13 You are solely responsible for your own interactions with other
users.
6.14 LIL reserve the rights to make changes to the service as required from
time to time by law or applicable safety requirement provided that they do not have a material adverse
effect on the quality of the service.
7. Termination
7.1 Either party may cancel this agreement at any time, for any reason. Cancellation of this
agreement by either party will be effective upon that party sending written notice to the other party of
their intentions. To cancel the agreement you must complete the form on cancellation page.
7.2 The following obligations are conditions of this agreement
and any breach of them shall be deemed a fundamental breach which shall determine this agreement
immediately and the rights and liabilities of the parties shall than be determined accordance with this
clause: -
7.2.1 Your failure to make punctual payment of all
sums due to us under the terms of this agreement.
7.2.2 A breach by you to observe any obligation
under this agreement not requiring notice to be served and in case obligations requiring notice to be
served failure to comply with the terms of any notice.
7.2.3 Persistently breaching the terms of this
agreement.
7.2.4 The doing or permitting of any act by which
rights in the intellectual property may by prejudiced or put in jeopardy.
8. Termination consequences
In the event of this agreement being determined whether by effluxion of time, Notice, breach or
other wise: -
8.1 You shall immediately pay to LIL: -
8.1.1 All arrears of sums due under the terms of
this agreement.
8.1.2 All further sums which would but for the
determination of this agreement have fallen due at the end of the term.
8.2 Either party shall be entitled to exercise any one or more of the
rights and remedies given to it under the terms of this agreement and the determination of this agreement
shall not affect or prejudice such rights and remedies and each party shall be and remain liable to
perform outstanding liabilities an under this agreement notwithstanding that other the other may have
exercised one or more of the rights and remedies against it.
8.3 Any right or remedy to which either party is or may become entitled under this agreement or
in consequence of the other’s conduct may be enforced from time to time separately or concurrently with
any right or remedy given by this agreement now or afterwards provided for and arising by operation of
law so that such rights and remedies are not exclusive of the other or others but are
cumulative.
9.intellectual property rights and confidentiality
9.1 All intellectual property rights including without limitation all
patents copyright, design rights (whether registered or unregistered), trade marks (whether registered or
unregistered) and other similar rights wherever existing in the world together with the right to apply
for protection of the same in the service shall be owned by LIL absolutely.
9.2 You agree that you will keep confidential and not use except for
purposes contemplated by this agreement any and/or all information relating to the service which may be
disclosed to you or which you may learn except where such information is public knowledge or it is
required to be disclosed by law.
10. Guarantee
10.1 The service is provided in its current form and LIL do not guarantee
that the service or any element of the service will meet your requirements, purpose and/or
expectations.
10.2 LIL do not warrant that any of the information and/or material
(including but not limited to the email address and profile) in the service is accurate.
10.3 LIL do not provide any warranty in respect of the service, Results
availability, and/or uninterrupted use of the service.
11. Force Majeure
both parties shall be released from their respective obligations in the event and or matters
which are due any events outside reasonable control including but not limited to acts of god national
emergency, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion malicious
damage, explosion, governmental actions and other similar events whereupon all money due under this
agreement shall be paid immediately and in particular : -
11.1 You shall pay to LIL all arrears of payments.
11.2 Each party shall be liable to pay to the other damages for any beach of this agreement and
all expenses and costs incurred by that party in enforcing its rights under this agreement.
12. Indemnity
You agree indemnify and keep indemnified LIL against any and all losses, proceedings, lost
profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a
full indemnity basis), claims, actions and any other losses and/or liabilities suffered by LIL and
arising from and/or relating to your use of the service information and/or other material posted on the
service by you and/or arising from or due to any breach of contract, any tortuous act and/or omission
and/or breach of statutory duty by you.
13. General
13.1 Each party acknowledges that this agreement contains the whole agreement for the provision
of the service and that it has not relied upon any oral written representation made to it by the other or
its employees or agents and have made its own independent investigations into all matters relevant to
it.
13.2 Any Decision exercise of discretion judgement or opinion or approval
of any matter mentioned in this agreement or arising from it shall be binding on all parties unless
otherwise expressly provided in this agreement.
13.3 Whilst LIL provide every effort to modify photographs and messages
there is no liability on LIL in the event that a message gets sent out un-screened and with an adult
content.
13.4 If any provision of this agreement id declared by any judicial or
other competent authority to be void, voidable, illegal otherwise unenforceable, or indications to that
effect are received by either of the parties from any competent authority the remaining provisions of
this agreement shall remain in full force and effect unless LIL in their discretion decides that the
effect of such declaration is to defeat the original intention of the parties in which event LIL shall be
entitled to terminate this agreement and the provisions of clause (9) shall apply accordingly.
13.5 No waiver by LIL of any breach of this agreement shall be considered
as a waiver or any subsequent breach of the same provision or any other provision.
13.6 Unless otherwise stated these terms and conditions will survive
termination and/or cancellation of this agreement for any reason.
14. Headings
Headings contained in this agreement are for reference purposes only and should not be
incorporated into this agreement and shall not be deemed to be any indication of the meaning of the
clauses to which they relate.
15. Proper Law and Jurisdiction.
This agreement shall be governed by English law in every particular including formation and
interpretation and shall be deemed to have been made in England. The parties agree to submit to the
non-exclusive jurisdiction of the English courts.
