1.
Introduction. This Agreement is a legal document which sets out
your rights and obligations, and those of the author and owner of YourMatchMadeInHeaven.com
and yourmatchmadeinheaven.co.uk You must take the time to read and understand
it, before registering for the astro-dating Service. By registering, you
accept that you are entering into a contract with us on the terms of this Agreement.
Visitors to the astro-dating Service who do not register to become a Member (see
2 below) similarly affirm that they are bound by this Agreement each time they
access the astro-dating site. You should be aware that this Agreement may
change from time to time in accordance with Clause 21 below.
2.
Membership.
People who register for the astro-dating Service become "Members".
They must be at least 18 years of age.
Subject to the disclaimer
in these terms and conditions, visitors may:
1) Read the information
supplied in the 'About programs' section of the left hand menu, the 'Relationships'
section, and the section devoted to 'Astrological info';
2) Use the
facilities provided in the 'Links' section of the left hand menu.
In addition
to the facilities available to a Visitor, Members may:
1) Use the Compatibility
and Character Analysis programs.
2) Receive emailed messages,
which will be sent to the email address provided during Registration; and
3)
Use the 'Astro-Dating' program up to the point where that Member desires to make
contact with one or more individuals identified by the program as being more or
less astro-compatible with that 'Member'. At that point to initiate the
contact process with another member you are required to pay a ' fee' of £20.
A member who initiates a contact in this way is known as an 'initiating member'.
4) A member who receives an e-mail requesting contact with another
member has the option to reject or accept that invitation. If the recipient
member has not paid his membership fee and elects to accept that invitation they
are then required to pay their 'membership fee' of £20. If the 'membership
fee' is not paid within 4 days of the date on which the contact request was made,
the right to accept the contact request will lapse.
We are not an internet
service provider. In order to avail of the astro-dating Service, you must
have internet access and all the software (and skills) required for email and
web usage.
3
Important Note: Membership. If you decide to become
a Member, and therefore pay our Membership fee, you are agreeing to take the Membership
we make available to you promptly after that fee is paid. This means that
you do not have the right to cancel your Membership during the cooling-off period
which is provided for certain purchases under the Consumer Protection (Distance
Selling) Regulations 2000. The Membership fee has two components:
1) a "Program
use fee", which comprises all of the Membership fee except the subscription
fee. The program use fee relates to your use of the various programs; and
2) a "subscription fee" of £0.50. The subscription
fee relates to the Member's use of the other benefits of Membership during the
twelve month subscription period.
You pay the Membership fee of £20.00:
your program use fee is £19.50, and your subscription fee is £0.50.
3)
Contact fee. The owner reserves the right to impose a contact
fee in addition to membership where a member continually generates contact requests
without waiting 4 days for the response. In such a case to contact another
member through the astro-dating Service an additional fee of £2 is to be
paid. This is known as the "Contact fee", and is payable for each
and every contact made. An 'initiating member' has no right to a refund
of any Contact fee paid even if the particular contact arrangement fails.
However, a contact that fails because the recipent member either declines the
contact, or simply fails to respond within 7 days becomes a credit note in the
hands of the initiating member that can be used without a further Contact fee
to initiate another contact.
If you wish to continue your Membership after
the expiry of your six month subscription period, we will enable you to do so,
at our then-current terms and prices. But please note that we reserve the
right to change the amount of the fee for Membership, the period which it covers,
the services which it enables you to obtain and other factors from time to time.
However, these changes, unless they are changes under Clause 8 or Clause 9 below,
will not affect your then-current Membership.
4.
Registration.
You undertake to register for the astro-dating Service using accurate and current
information about yourself — including your correct name, address and any
other requested details. If you are asked for, and provide, details of a
credit, debit or charge card; in that event, you must ensure that (a) you are
fully entitled to use that card, and (b) it has available funds sufficient to
cover the charges which are deducted from it. As part of the registration
process for the astro-dating Service, you will receive a verification email, the
purpose of which is to take reasonable steps to ensure that the email address
you have nominated during registration is controlled by you. That email
contains simple instructions which you must follow.
5.
Privacy policy.
astro-dating's Privacy Policy forms part of this Agreement, and by agreeing to
this Agreement, you also give your consent to the way we may handle your personal
data in that policy. Given the global nature of the World Wide Web, any
posting on the astro-dating Service (including any which contain personal information)
is, of course, accessible to internet users around the world.
6.
astro-dating's
Role. You, whether you are a Member or just a visitor, acknowledge that
we are not and cannot be responsible for the behaviour of Members — whether
on the astro-dating Service or outside of it. We only provide a venue where
the astro-dating Service may be accessed. In particular, you should be aware
that astro-dating does not pre-screen or monitor the material contributed by Members.
7.
Additional services. astro-dating or its affiliates may offer
new or additional services through the astro-dating Service from time to time.
Your use of those services may be subject to additional terms and conditions,
or rules of use, which you must comply with. Provided that those terms or
rules are notified to you on the astro-dating Service in an appropriate manner
(as determined by astro-dating in its reasonable discretion), any failure by you
to comply with a material provision of the terms or rules governing those services
will amount to a breach of this Agreement.
8.
Operation of astro-dating
Services. astro-dating reserves the right to withdraw or modify one
or more aspects of the astro-dating Service, or the entirety of it, where we have
legal or commercial reasons to do so. There may also be times when the astro-dating
Service becomes inaccessible as a result of technical difficulties experienced
by astro-dating or on the Internet; we will, however, use reasonable skill and
care to overcome these difficulties where they are within our control. Please
note that there will be no refund of Membership fees for withdrawal, modification
or unavailability of the astro-dating Service, except as provided in Clause 10(ii)
below. For security or other reasons, we may require you to change password
or other information which facilitates access to the astro-dating Service.
9.
Misuse of astro-dating Service. We reserve the right (a) to suspend
or terminate any Member's access to the astro-dating Service, or parts of it,
if the relevant Member appears to us to be in breach of any provision of this
Agreement. Any person whose access has been suspended or terminated must
not re-register for, or re-access, the astro-dating Service without our prior
consent. You are responsible for everything which is done on or through
the astro-dating Service while your Membership account is logged on to the astro-dating
Service, or through your email address(es).
10.
Fees (i)
You acknowledge that we are entitled to alter the amount or the basis of the calculation
of our fees from time to time, provided that such amount or basis is clearly stated
at the time when you agree to take the relevant astro-dating Service.
(ii)
Fees paid by a Member will not be rebated or refunded by astro-dating, except
as follows. If, under Clause 8 above, we entirely withdraw an aspect of
the astro-dating Service for which you have subscribed, or the entirety of the
astro-dating Service itself, then you may be entitled to a rebate of your Membership
fee for the remainder the twelve month period to which that fee relates; but no
part of the contact fee (as described in Clause 3(1) above) will be rebated to
a Member under any circumstances if the Member has used one or more of the programs
that make up the astro-dating Service during the period to which the Membership
fee relates, irrespective of whether the recipient email address is a legitimate
address or the recipient sends any reply. No rebate of any part of the Membership
fee will be payable under any circumstances, other than as provided in this Clause.
We may add new or ancillary services from time to time which require the
payment of fees — either to us or a nominated third party — on terms
which will be provided to you at the time.
11.
Prohibitions. You are
responsible for ensuring that no material you post, or which is posted through
a machine on which you access the astro-dating Service, nor any activity or communication
you make in connection with any astro-dating Service, will be capable of (a) infringing
the intellectual property or other rights of any person or entity, (b) breaching
any applicable law, whether criminal, tortious or otherwise, or (c) appearing
to be offensive, threatening, obscene, pornographic, false, unreliable or misleading.
You may not enter in your profile or elsewhere during registration
any information by which you can be contacted by another user or member of the
astro-dating Service.
12.
Withdrawal of material and Termination of Membership.
Each Member acknowledges that we are entitled to withdraw any material on the
astro-dating Service which appears whether based on information received from
Members or others, or our own determination to be capable of breaching any part
of this Agreement, or to bring the astro-dating Service into disrepute.
However, each user acknowledges that we do not monitor material which appears
on the astro-dating Service, and that we are reliant upon you and all users to
notify us of anything you see here which appears likely to breach this Agreement,
using the notification techniques which are made available on the astro-dating
Service.
13.
Disclaimer and Release.Astrology/Numerology, be it Western
or Chinese, does not pretend to present a scientifically accurate picture of someone's
character and personality, or of events that may occur in the future, or which
might have occured in the past. Given the substantial influence on every
individual of their unique genetic structure, and the circumstances of their birth
and upbringing, at best Astrology/Numerology can only present a picture that represents
one third of a person's character/personality makeup. For that reason, we
do not maintain that any of the information provided is either accurate, or is
information on which you can rely. Furthermore, astro-dating takes no account
of planetary influences beyond that of the Sun and the Moon, so if you require
a complete astrological assessment, you must consult an astrologer on an individual
basis who can define the astrological influences on your situation by the many
other planets in our solar system.
- If any third party sites are linked
to or from the astro-dating Service, this does not mean that we endorse or have
any responsibility for the site in question or anything which appears on it.
-
You should exercise no lesser degree of caution in appraising what you see on
the astro-dating Service than you do offline.
- Even though Members are prohibited
from doing so, people may provide information, or otherwise behave, in a way that
is unreliable, misleading or even illegal. Further, you should note that people
may not necessarily be who they say they are.
- Your use of the astro-dating
Service is entirely at your own risk.
Accordingly, to the extent that the
law permits, you release astro-dating, its directors, contractors and employees
from all liability arising out of or in connection with the astro-dating Service
and the material included here by us, Members and other third parties.
14.
Intellectual Property. You acknowledge that all copyright, trade
marks, and other intellectual property rights in and relating to the astro-dating
Service (including the material which is contributed by Members) are owned by
astro-date.
By submitting any material to the content to the astro-dating
Service, you:
- are representing that you are fully entitled to do so;
-
grant us a non-exclusive, royalty-free, non-terminable licence right to copy,
modify, distribute, show in public and create derivative works from that material
in any form, anywhere; and
- authorise us to adapt the relevant material
in the course of doing so, and so waive your moral rights to object to any derogatory
treatment, or to be identified as the author, of the material in question.
15.
Excluded loss. We will not be liable to you or any third party for
any indirect or consequential loss or damage, or for any loss of data, profit,
revenue or business, howsoever caused (whether arising out of any negligence or
breach of this Agreement or otherwise). astro-dating will also not be liable
for any failure to perform of its obligations under this Agreement caused by matters
beyond its reasonable control.
16.
Maximum liability. Without
limiting the preceding Clause, during any period of twelve months, the aggregate
liability of astro-dating under this Agreement (whether arising in negligence
or otherwise) will not under any circumstances exceed the greater of (a) £8,
or (b) an amount equal to the sums paid by you to us by way of Membership fees
during the relevant period of twelve months, regardless of the cause or form of
action.
17.
Non-excluded Liabilities. Nothing in this Agreement
limits astro-dating's liability for death or personal injury resulting from our
negligence, or any other liability which may not by law be excluded. Any statutory
rights you may have as a consumer remain unaffected.
18.
Indemnity.
You agree to indemnify us against all liabilities, claims and expenses that may
arise from any breach of this Agreement by you or through a machine on which you
access the astro-dating Service.
19.
Assignment. We reserve
the right to assign this Agreement, and to assign or subcontract any or all of
our rights and obligations under this Agreement. You may not without the written
consent of astro-dating assign or dispose of this Agreement.
20.
Entire
Agreement. This Agreement includes our privacy policy. Together they
contain the whole of the agreement between us and you concerning the astro-dating
Service and they replace all earlier agreements and understandings with you, except
for any fraud or fraudulent representation by either of us. A person who
is not a party to this Agreement has no right under the Contracts (Rights of Third
Parties) Act 1999 to rely upon or enforce any term of this Agreement.
21.
Changes to this Agreement. astro-dating reserves the right to change
this Agreement from time to time, and post the new version on the astro-dating
Service. When we do so, we will notify you of the fact that there are changed
terms on the main screen ( www.astro-dating.com), and the new version of these
terms and conditions will take effect, and will govern all astro-dating Services
and your relationship with astro-dating:
- commencing four weeks after the
date of posting (or such later date as astro-dating indicates in the relevant
posting), if any of the changes is to an operative provision of this Agreement
which is capable of adversely affecting you; if you do not wish to be governed
by the new version of the Agreement, you may notify us on or before the date when
the new version of the Agreement is to take effect, and from that date you must
cease to use the astro-dating Service; or
- immediately upon the date of
posting (or such later date as astro-dating indicates in the relevant posting),
if the changes are not to operative provisions, or not capable of adversely affecting
you — examples of which would include, without limitation, changes to one
or more of astro-dating's addresses or email addresses referred to in this Agreement.
22.
Severability. In the event that any term of this Agreement
is held to be invalid or unenforceable by judicial decree or decision, the remainder
of this Agreement shall remain valid and enforceable.
23.
Applicable law.
This Agreement shall be governed by and construed in accordance with the laws
of England and Wales.
24.
Keeping this Agreement. We don't separately
file the individual Agreements entered into by members when they register for
the astro-dating Service. You can access it at www.yourmatchmadeinheaven.com.
Please make a durable copy of this Agreement by printing and/or saving a downloaded
copy on your own computer.
25.
Contact. You can contact us by
post at Lintwood, Osmaston, Ashbourne, Derbyshire DE6 1LW or by e-mail to:
info@yourmatchmadeinheaven.co.uk
©
Copyright 2004-2009 astro-date; all rights reserved.
