Terms & Conditions

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Interdate S.A. General Terms and Conditions (GTC)

(last amended on 05 June 2014)

Contents

Preamble:

The following General Terms and Conditions set out the provisions governing the use of C-date services provided by Interdate S.A at 291 route d’Arlon, L-1150 Luxembourg under the domain www.c-date.co.uk (hereinafter to as "C-date"). The following General Terms and Conditions shall apply for all customers regardless of whether C-date is used free of charge or at cost or whether it is used inside or outside UK. The General Terms and Conditions shall form an integral part of the contract. If the customer has differing Terms and Conditions, these shall not be accepted. By registering, the customer confirms that he/she has read and accepted the General Terms and Conditions. The customer accepts the General Terms and Conditions by declaring his/her consent during registration by clicking on the button provided.

1. Object of the contract

(1) These Terms and Conditions govern how registered customers use the services provided by C-date on its website. Only customers aged 18 and over may use C-date; underage persons are not permitted to use it.

(2) C-date enables its customers to access its services by requiring customer to complete a questionnaire when registering that is structured according special criteria.

(3) Together with other personal data, the customer's answers to the questions in the questionnaire are entered in the C-date database and can be compared with data from all other C-date customers. The comparison is based on a mathematical algorithm especially developed by C-date to determine the compatibility of two customer profiles. By comparing the customer's profile all other customer data in the database, we offer customers a list of anybody in the database to whom they are best suited (contact proposals).

2. Concluding the contract

(1) The C-date service may only be used after the customer has registered. Registration is free. The customer thereby enters into a non-fee based contractual relationship with C-date, which is governed by these General Terms and Conditions. The basic services provided after registering are also not subject to a fee, such as the possibility of receiving contact proposals.

(2) C-date also offers more extensive services which are fee-based under premium membership, such as accepting the contact proposals made. C-date always notifies the customer accordingly before they use any fee-based services, indicating which fees are applicable and the respective amount. The customer chooses how long they want to subscribe to the service for from a range of subscription periods. The subscription period paid for by the customer shall extend automatically in accordance with Section 7(4) (e.g. by six months). The customer shall enter into a fee-based contractual relationship by entering his/her payment information and clicking "Make payment". The customer can use the fee-based services after paying the appropriate fee. As a rule, all other services are free.

3. Right of withdrawal, Information concerning the exercise of the right of withdrawal

Information concerning the exercise of the right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us Interdate S.A., C-date Customer Service, 291, Route d'Arlon, L-1150 Luxembourg, Luxembourg (Fax: +352 26 30 26 97, E-mail: service@c-date.co.uk), of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from you choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for your initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of contract.

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Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

— To Interdate S.A., C-date Customer Service, 291, Route d'Arlon, L-1150 Luxembourg, Luxembourg:

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

— Ordered on (*)/received on (*): __________________________

— Name of consumer (s): __________________________

— Address of consumer(s): __________________________

— Signature of consumer(s) (only if this form is notified on paper): __________________________

—Date: __________________________

___________________________________________________________________________________

(*) Delete as appropriate

___________________________________________________________________________________

4. Conditions of use

(1) The customer confirms to be at least 18 years of age, i.e. of legal age and thus entitled to legally enter this contract in all respects. On request, the customer shall prove to be of legal age by presenting his/her passport or ID card and a copy of the account or credit card that was used when registering.

(2) The subscription purchased by the customer may not be shared with other persons and is non-transferable. The customer also undertakes not to allow any underage persons to willfully or negligently access the service. The customer is solely responsible for keeping any access data assigned to him/her confidential from underage family members, friends, acquaintances or other third parties.

(3) The customer must inform C-date in good time of any amendments to his/her personal data that are required to fulfill the contractual purpose. This is especially true for changes to the expiry date of the credit card or bank account used in conjunction with the C-date service.

(4) The customer undertakes to maintain confidentiality. Without express prior consent of the creator, the customer is prohibited from disseminating, publishing passing on to third parties in any other way or allowing third parties access to:

  • -any conversation(s) had with other customers via the C-date service platform;
  • -any personal data (including addresses, names, telephone numbers and other numbers) relating to other customers of the C-date service, regardless of how these were acquired; and from
  • -making any copies of photographs and texts, access to which he/she gained access via the service.

(5) The customer undertakes to use the services provided for private purposes only, i.e. for no purpose other than personal communication. Any form of commercial, industrial use of the service platform is strictly prohibited. This includes in particular, but is not limited to, using the service to advertise or offer goods or services or to disclose/disseminate information to third parties..

(6) The customer undertakes to comply with the Terms and Conditions to protect other C-date customers. The customer is prohibited from abusing the C-date service. This means the customer is particularly prohibited from (and not exclusively):

  • - placing offending material or otherwise illegal material in the customer profile that infringes on human dignity/rights and/or general personal rights of other customers or to disseminate said material via the C-date service (defamatory, slanderous and/or pornographic material, in particular);
  • - contacting C-date customers with intent to defraud;
  • - coercing other customers in any way or pressuring them in any other unwanted way.

(7) The customer undertakes not to do anything that could in any way jeopardise or prevent the smooth operation of and uninterrupted access to the C-date service. This includes in particular, but is not limited to:

  • - sending mass messages;
  • - saving infected files, software or other data in the customer profile, or disseminating these via the service;
  • - saving in the customer profile or disseminating via the service any material (pictures, text, software, etc.) that breaches intellectual property rights of third parties and/or for which the customer cannot show adequate usage rights.

(8) Where there are grounds to do so, C-date can check for unauthorised or illegal use of the service and check information and material disseminated via the service or saved in customer profiles to verify compliance with the aforementioned conditions and/or compliance with other applicable legislation and to ensure smooth operation and availability of the C-date service. C date is however not obliged to perform such checks. If a breach has been established, C-date is entitled to modify or delete the respective information and material, as well as block access to the service. In cases of doubt, C-date has the final decision regarding the permissibility of the use in question. Civil and legal proceedings shall be taken in the event of any unauthorised use/exploitation of the C-date services.

(9) The customer is obliged to send C-date any notifications either via e-mail to the addresses specified on the respective site (such as service@c-date.co.uk) or by post, unless customers are expressly given other contact channels in these Terms and Conditions or on the websites. As a rule, C-date sends notifications to logged-in customers using display templates. C-date may also contact customers using the e-mail address saved in the customer profile.

(10) The customer acknowledges and agrees that all content uploaded by him to the C-date website is available for all customers for approach within their list of recommended contacts. This is applicable regardless of the matter that other customers may have registered for the services provided by Interdate via other websites of Interdate or via cooperation partners. Reciprocally the customer also enjoys the benefits of this central Interdate database for the services provided which are available via different domains, within the list of contacts recommended to him.

(11) The customer acknowledges and agrees that C-date may send messages on his or her behalf to make it easier for the customer to get started on the platform and to support communication between members. The customer may deactivate this feature in their profile at any anytime.

5. Payment processing, objections

(1) The customer must raise and justify with C-date in writing any objections to the amount charged or billed no later than six weeks after the amount has been debited or after receiving the queried invoice. If the customer does not raise any justified objections within this 6-week period, the charged or invoiced costs shall be deemed as approved.

(2) Immaterial interference to the service does not entitle the customer to a complaint. An immaterial interference to a paid service occurs when the period during which the customer is unable to use the paid service does not exceed two consecutive days. Furthermore, a complaint must be justified only if C-date is liable for the service being unavailable in accordance with Section 9 of these General Terms and Conditions.

(3) The following complaints are deemed justified: the paid subscription period purchased by the customer under Section 2(2) is extended by the period for which the customer has made the justified objection. The customer is also entitled to set a grace period of five working days to properly fulfill the payment Terms and Conditions and to request a credit note under Section 7(5). If the cause of the complaint is not resolved by the end of this grace period, the customer has the right to terminate the contract. A refund of any unused balance will then take place as per Section 7(5).

(4) Where the customer fails to make a payment or falls into arrears, C-date reserves the right to engage the services of a debt collection company and demand these costs from the customer. C-date also reserves the right to charge interest on arrears, the amount of which shall be in accordance with statutory provisions.

(5) C-date reserves the right to demand that the customer pays the expenses arising from the unauthorised cancellation of a credit card payment or an unjustified objection to a direct debit payment to the extent possible under law..

(6) The customer can assert a right of set-off and right of retention against C-date only where claims are legally established, undisputed or acknowledged.

6. Data protection

(1) Securing and protecting customer data is particularly important to C-date. C-date undertakes to comply with the legal provisions pertaining to data protection.

(2) Personal data is collected, stored, processed and used while carrying out contractual services. Personal data is data that contains personal and factual information of identified or identifiable customers, e.g. age, gender, postcode, telephone number, evaluation results from personality tests, pictures and e-mail address. During the purchase of a paid service, the customer's residential address and account or credit card details will be collected in addition to his/her name. The personal settings entered by a customer when using C-date will also be stored. This ensures that customers find their respective personal setting already in place each time they visit (new session - with each new login). Note: This consent is revocable at any time with future effect or the customer can amend his/her personal data held by C-date pursuant to Section 6(7).

(3) Further collection, processing and use of personal data: The customer consents to C-date using his/her personal data for the purposes of consulting, advertising, market research, as well as research and analysis aimed at improving C-date and tailoring the service to meet customer needs. Furthermore, the customer expressly consents to receiving information concerning services of C-date and selected cooperation partners, amongst others to receiving e-mail newsletters from C-date and selected cooperation partners. Note: This consent is revocable at any time with future effect or the customer can amend his/her personal data held by C-date pursuant to Section 6(7). The customer also consents to personal data in his/her profile being passed on to external service providers from C-date for following specified purposes: a) sending e-mails and newsletters in the name and on behalf of C-date; b) transferring C-date elements and customer profiles to other media; c) effecting payments in the name and on behalf of C-date; d) preventing and opposing misuse of the service. The customer consents that his/her access to C-date is stored with a cookie when logging in to C-date an affiliate partner’s website. These cookies do not contain any of the customer’s personal data but rather exclusively serve to maintain the affiliate partner program. The cookies are deleted automatically if the customer registers for the service. As a rule, these cookies are automatically deleted after 30 days if the customer does not register. Note: This consent is revocable at any time with future effect or the customer can amend his/her personal data held by C-date pursuant to Section 6(7).

(4) C-date will set up user profiles using aliases and transfer only anonymous user data for the purpose of market research to other service providers whose teleservices the customer has used . The customer consents to C-date using the anonymous or pseudonymous data for the purposes of advertising and market research, as well as to tailor and improve the C-date service. This may include the transfer to cooperation partners. Every customer has the right to object anonymous user data being transferred to third parties for the purpose of consulting, advertising and market research and object anonymous user profiles being created. Note: This consent is revocable at any time with future effect or the customer can amend its personal data held by C-date pursuant to Section 6(7).

(5) Part of the C-date service requires the use of cookies. C-date hereby expressly refers the customer to the use cookies.

Cookies are small text files that are either temporarily stored in a computer's working memory (known as session cookies) or on a computer's hard disk (known as persistent cookies). Cookies contain, among other things, information on the times the user has previously accessed the relevant server, information on which offers have already been viewed or the payment methods agreed to in previous transactions. The main purpose of cookies is to store personal settings for websites in order to provide the customer with a specially tailored experience as well as making it as convenient as possible to use the service by allowing the customer to visit websites without having to enter all of his/her settings from scratch each time. However, cookies are not used to execute independent programs or install viruses on the customer's computer.

C-date uses session cookies, partner and affiliate cookies as well as persistent cookies.

Session cookies:

C-date uses session cookies. These are not stored on the hard disk of the customer's computer and are deleted when the browser is closed. Specifically, session cookies are used for login authentication during the registration process.

Partner and affiliate cookies:

C-date also uses partner cookies and affiliate cookies. These terms refer to cookies that are set when a customer accesses the C-date service via the advertising space of a cooperation partner. These cookies assist the billing process with the cooperation partner and do not contain any personal information about the customer. They are deleted either when the customer registers on the C-date website or once the cookie reaches the end of its lifetime.

Persistent cookies:

C-date uses persistent cookies in order to store personal settings entered by a customer when using the C-date service. Firstly, this guarantees that the customer will find his/her personal settings already in place when he/she revisits the C-date website; secondly, this allows automatic identification of the customer's membership status and of whether he/she has already seen certain information and advertising or taken part in a survey. The use of persistent cookies facilitates the personalisation and improvement of the C-date service. .

Partner sites:

If the C-date service is incorporated in a cooperative partner’s website, this partner may also use cookies. C-date has no control over and is not responsible for the practices of those partners. C-date therefore recommends that its customers inform themselves of the data protection policies of the respective partner companies for their own security. The same applies for a customer leaving the C-date website to a website of a cooperation partner.

Note: The default settings of most internet browsers allow cookies to be accepted. However, the customer has the right and ability to configure his/her browser in such a way that these cookies are rejected or at the very least request confirmation from the customer beforehand. If the customer decides to reject or turn off cookies, this can however result in the scope of the C-date service being restricted and some features not functioning correctly.

Google Analytics:

C-date uses Google Analytics, a web analysis service provided by Google Inc. (hereinafter referred to as "Google"). Google Analytics uses cookies, i.e. text files, which are stored on the customer's computer and facilitate analysis of the customer's usage of the website. The information generated by the cookie about the usage of this website (including IP address) is transmitted to a Google server in the USA and stored there. Google will use this information to evaluate the usage of the website by the customer, to put together analyses on the website activity for the website operator and to perform additional related services regarding website and internet usage. If necessary, Google will also transmit this data to third parties, provided this is required by law or the third party is processing the data at the request of Google. On no account will Google use your IP address with other Google data. The customer is entitled to block the installation of these cookies using the relevant setting on his/her browser; however, the customer is advised that in this case it may not be possible to use all features of this website to their full extent. By using this website, the customer agrees to the processing of the data collected by Google in the manner described above and for the aforementioned purpose.

C-date also uses analytical programs from various other providers in order to use the knowledge obtained in this way – in an anonymous and pseudonymous manner and pursuant to legal requirements – for the tailoring and improvement of the C-date service in accordance with customer needs and for marketing and market research purposes .

(6) At any time, the customer has the right to demand information about the personal data pertaining to him/her that is stored by C-date, its origin, the purpose for storing it and the recipient to whom the data will be passed on. This information shall be provided in writing free of charge. This information request must be made in writing (legible!) with a copy of the customer's identity card or passport, as well as his/her full name, country whose C-date service he/she is using, the e-mail address registered with C-date and his/her username (or alternatively, the contact ID allocated to him/her), and must be sent to the following address personally signed:

Interdate S.A.

C-date Customer Service / Data Information

291, Route d'Arlon

L-1150 Luxemburg

Luxemburg

(7) The customer is entitled to revoke his/her consent to use his/her data – as described above in detail – or to amend his/her personal data held by C-date.

Revoking consent and/or requesting that the data be amended must be done in written with the customer’s full name, country whose C-date service he/she is using, the e-mail address registered with C-date and his/her username (or alternatively, the contact ID allocated to him/her) and must be sent to the following address:

Interdate S.A.

C-date Customer Service / Consent Revocation or data correction

291, Route d'Arlon

L-1150 Luxemburg

Luxemburg

Fax: 00 352 26 30 26 97

E-Mail: service@c-date.co.uk

(8) C-date expressly advises the customer that, due to the current state of technology, data protection cannot be fully guaranteed where data is transferred over public networks such as the internet. In this respect, the customer is personally responsible for the security of the information he/she sends over the internet.

(9) Upon registering, the customer agrees with the use described in the above provisions.

7. Terminating and extending the contract

(1) At any time and without offering justification, the customer can terminate the non-fee based contractual relationship entered into upon registering in accordance with Section 2(1). The contractual relationship is terminated by simply logging off. The customer profile and associated data are deleted when logging off. C-date is also entitled to terminate the contractual relationship described in Section 2(1) at any time by giving a period of two weeks. Terminating the non-fee based contractual relationship pursuant to Section 2(1) shall not affect the fee-based contractual relationship pursuant to Section 2(2); the fee-based contractual relationship is governed by the following provisions under Section 7(3).Upon cancelling, the customer – who has also entered a contractual relationship pursuant to Section 2(2) as well as a contractual relationship pursuant to Section 2(1) – waives the use of the service for any as yet remaining subscription period, i.e. the Client shall not receive any refund of fees paid.

(2) The customer can terminate the fee-based contractual relationship, which he/she entered into pursuant to Section 2(2), by giving a minimum notice period of 14 days to the end of a paid subscription period, or – provided another notice period was specified upon purchasing the fee-based subscription – within a specified period. Terminating the fee-based contractual relationship is only effective when expressed explicitly in writing. If an "online termination process" is technologically possible, the customer can also terminate the contractual relationship via the corresponding link on the C-date website. To aid clear assignment and to protect against misuse, the customer must always specify at least his/her full name, the country whose C-date service he/she is using, his/her e-mail address registered with C-date and his/her username (or alternatively, the contact ID assigned to him/her) in a legible manner (BLOCK CAPITALS) as an absolute necessity when writing the notice of termination.

The termination must be sent to:

Interdate S.A.

C-date Customer Service / Termination

291, Route d'Arlon

L-1150 Luxemburg

Luxemburg

Fax: 00 352 26 30 26 97

Terminating the fee-based contractual relationship pursuant to Section 2(2) shall not affect the non-fee based contractual relationship pursuant to Section 2(1).

(3) In addition, C-date has right to extraordinary termination without notice if the customer breaches the provisions of use set out in Section 4(1) to (7) and uses the service illegally. In this case, C-date is entitled to immediately block the customer's access to the service. If a customer’s access to the service is blocked owing to a contractual breach and the customer has entered into both a fee-based and non-fee based contractual relationship, any unused credit for time-based accessed to the service shall be retained by C-date as a flat-rate service charge for preventing contractual breaches. Any credit shall not be refunded.

(4) The ability to establish contact and the corresponding contractual relationship under Section 2(2) shall be extended automatically by the selected or specified subscription period upon expiration of the specified subscription period purchased (e.g. three or six months) unless the customer terminates the relationship with 14 days' notice to the end of the subscription period, or within the specified period of time where another notice period was specified when purchasing the fee-based subscription. Notice of termination shall include the customer’s full name as well as his/her alias.

(5) C-date is authorised to cease services partially or completely at any time. Customers who have a claim for unused services (credit) when services are withdrawn by C-date, shall receive a proportional refund for services owed that have not yet been used (credit).

8. Intellectual property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, drawings, machine language, program, procedures, software and other technologies (collectively referred to as "Content") used on the website and/or as part of the C-date service, particularly including, but not limited to design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, which is found on the website and/or included in the service is exclusively owned, controlled or licensed by C-date or of their respective owners and are protected by trade laws, copyright, patent rights and trademark rights and other rights governing intellectual property rights and unfair competition. Any permitted use is governed definitively by these General Terms and Conditions and the aforementioned intellectual property may be used only after express prior agreement from C-date. It is not permitted copy, reproduce, publish, upload, pass on, allow public access to, encode, translate, transmit, or distribute in any other way (this includes "mirroring") the website or part thereof on any other computer, server, website, or another medium suitable for publication or dissemination or on any other commercial enterprise unless C-date has given express consent beforehand.

9. Liability

(1) C-date shall not guarantee the success of establishing any contact during the contractual period, nor shall they be held liable should no contact be established. Establishing contact is beyond C-date’s control and can only be done with the mutual consent of the other customer. C-date guarantees to try and establish contact between customers and provides a service to this effect, but it does not guarantee the success of any established contact. On request, however, C-date shall guarantee an extension of access to the fee-based services if the customer has not received as many contact proposals in the subscription period as is guaranteed for the said subscription period.

(2) (2) C-date cannot guarantee the accuracy of the evaluations or statements from customer in the personality test. The results and the comparison of customer profiles are largely based on the information given in the personality test. C date can there also not assume liability for the accuracy of the results and comparison of customer profiles. C-date shall not assume liability for the accuracy of information provided by customer on the service platform or exchanged via the service.

(3) C-date shall not be liable for any illegal actions of third parties. Exclusions to the liability of C-date shall particularly, but not exclusively, include the following: -breaches committed by other customer against usage obligations defined in Section 4(1) to (7); -unauthorised access by third parties to personal customer data obtained by unauthorised access via hacker attacks on the service;

(4) C-date cannot guarantee that the service will be available continuously without interruptions. C date shall not be liable for malfunctions, failures or interruptions due to force majeure or events that C-date is not responsible for. Section 5(2) shall apply to minor interruptions that C-date is responsible for.

(5) For other losses that occur due to causes other than those stated above, C-date shall only be liable in cases of intent and gross negligence on the part of its executive bodies, employees and vicarious agents, and this liability is proportionate to the extent that C-date contributed to the loss in relation to other causes.

(6) C-date shall only liable for slight negligence in the event of injury to life, body or health or in the case that it has breached material contractual obligations. Where a material contractual obligation is breached, liability shall be limited to foreseeable damages that are typical of such a contract.

(7) Liability is otherwise excluded.

10. General

(1) Interdate S.A.’s registered office is Luxembourg. The C-date webpages are hosted on servers by C-date.

(2) These General Terms and Conditions and all legal relationships between the customer and C-date are governed in all respects by the laws of England and Wales and the Customer agrees that any dispute arising under these Conditions or the Contract will be subject to the non-exclusive jurisdiction of the English courts. National consumer protection laws of other countries shall also apply to the extent necessary and is not alterable subject to mutual agreement. Jurisdiction over any disputes without consumer participation arising in connection with C-date shall lie with the courts at Interdate S.A.'s registered office.

(3) If one or more provisions of these General Terms and Conditions is or become invalid or incomplete, the validity of the remaining provisions shall remain unaffected. Such invalid or incomplete provision shall be replaced or amended by a provision that best reflects the intended economic purpose of such void or incomplete provision.

(4) Amending the General the Terms and Conditions C-date is entitled to amend these General Terms and Conditions at any time. Amendments to these General Terms and Conditions shall be made when the C-date amends the content of the services provided, or if C-date is obliged based on legal requirements to adapts its Terms and Conditions with new legislation. In the event of an amendment, C-date shall expressly refer the customer to the respective amendments. The customer can oppose the amended General Terms and Conditions within a period of two weeks. C-date refers expressly to the procedure for opposing the amendment and period in which to do this. If the customer does not oppose the amended General Terms and Conditions within the specified period, the new General Terms and Conditions shall apply to these customers from the date the deadline to oppose expires. The amended General Terms and Conditions shall enter into force as soon as they are available on the website. This shall be without prejudice to the possibility of each existing customer terminating his/her membership. If the customer continues to use the C-date date, it is assumed that he/she has accepted the amendments. If the customer opposes the amended General Terms and Conditions, C-date is entitled to terminate his/her free membership described in Section 2(1). In this case, C-date also has the right to oppose the automatic extension of the fee-based membership defined in Section. 7(4). In this case, the fee-based membership shall end at the end of the subscription period specified at this time. C-date shall declare any opposition to the fee-based membership extension no later than two weeks before the end of the respective subscription period.

Customers are requested to take note of the latest version, which is always available on the website. Full acceptance of any amendments is required for the customer to use the website.