Terms of Use

Please read these Terms of Use carefully.  They set out our and your legal rights and obligations in relation to our Site.

These Terms of Use are divided into two parts: Part A contains the general terms relating to the use of our Site, and Part B contains the special terms which apply to our Members (including the terms relating to The Candy Shop).  By using our Site you agree to be bound by these Terms of Use; and if you register as a Member, we will ask you to specifically agree to them.

You should print a copy of these Terms of Use for future reference. We will not file a copy of these Terms of Use specifically in relation to you, and they may not be accessible on our Site in future.

The Site is owned and operated by Datingarrangement.com.  If you would like to get in touch with us, please write to us at the postal address specified on the Site or email us to customersupport@datingarrangement.com.

This Agreement is available in the English language only.

PART A: GENERAL TERMS

1.         Definitions and interpretation

1.1        In this Agreement:

“Agreement” means the agreement between you and us concerning the Site (which incorporates these Terms of Use);

“Force Majeure Event” means any event which is beyond our reasonable control (including without limitation failures of or problems with the internet or a part of the internet, failures of our internet service providers, hacker attacks, virus or other malicious software attacks or infections, power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars);

“Free Member” means a person who has registered with the Site by completing the procedure set out in Clause 9.2 (and “Free Membership” will be construed accordingly);

“Intellectual Property Rights” means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application or right of application), including without limitation copyright, moral rights, performers’ rights, performers’ moral rights, know-how, confidential information, trade secrets, business names and domain names, trade marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off;

“Members” means Free Members and Paid Members (and “Membership” will be construed accordingly);

“Order” means an order for Products made via The Candy Shop;

“Paid Member” means a person who has registered with the Site by completing the procedure set out in Clause 9.4 (and “Paid Membership” will be construed accordingly);

“Products” means products purchased via The Candy Shop;

“Site” means the website at www.datingarrangement.com and any successor site operated by us from time to time;

“The Candy Shop” means the e-commerce shopping system on the Site enabling Members to purchase Products for other Members; and

“User Content” means content uploaded by you to the Site, stored in a Member's profile or sent by the Site's messaging service.

1.2        References in this Agreement to “we” or “us” mean Datingarrangement.com.

1.3        References in this Agreement to “you” means the person (whether a Member or non-Member) using the Site.

2.         Licence

2.1        We or our licensors own the Intellectual Property Rights in the Site and material on the Site. 

2.2        You may view, download for caching purposes only, and print pages from the Site for your own personal use, subject to the restrictions in Clauses 2.3 and 3 below. 

2.3        You must not:

(a)        republish material from this Site (including republication on another website);

(b)        sell, rent or sub-license material from the Site;

(c)        reproduce, duplicate, copy or otherwise exploit material from the Site for any commercial purpose;

(d)        edit or otherwise modify any material from the Site; or

(e)        redistribute material from the Site.

3.         Use of the Site

            You must not use the Site:

(a)        in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site;

(b)        in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)        in connection with any data mining, data scraping or other automated data collection activities; or

(d)        for any commercial purpose.

4.         Warranties and liability

4.1        We do not warrant the completeness or accuracy of the information on the Site; nor do we commit to ensuring that the Site remains available, that the Site will be compatible with your web browser, or that the material on the Site is kept up-to-date.

4.2        Subject to the warranties in Clause 15, we do not grant to you any warranties or make any representations relating to the Site or your use of the Site, and we exclude all such warranties and representations.

4.3        Our liability is limited and excluded to the maximum extent permitted under applicable law.  We will not be liable for:

(a)        any consequential, special or indirect loss or damage;

(b)        any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings; or

(c)        any loss or damage arising out of a Force Majeure Event.

4.4        To the extent that information and services on the Site are provided free-of-charge, you acknowledge that it would be unreasonable to hold us liable in respect of that information and those services, and we exclude all liability in relation to that information and those services. 

4.5        If, notwithstanding the limitations of liability in this Agreement, we are found to be liable to you, our liability to you in respect of any event or series of related events will not exceed 500 Pounds Sterling.

4.6        However, nothing in this Agreement will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

5.         Restricted access and functionality

5.1        Access to certain areas of the Site and certain functionality on the Site is restricted to Members. 

5.2        We reserve the right to restrict access to other areas of the Site, or indeed the whole Site, at our discretion.

6.         Third party websites

            The Site includes links to other websites provided by third parties.  These links are not recommendations, and are provided for your information only.  We have no control over the content of those websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

7.         Trade marks

7.1        DATINGARRANGEMENT and our logo are trade marks belonging to us.  We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

7.2        The other registered and unregistered trade marks or service marks on the Site are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

8.         General

8.1        If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will remain in full force and effect.

8.2        No waiver of any provision of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of this Agreement.

8.3        This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement.

8.4        You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement.   Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under this Agreement.

8.5        We may vary this Agreement from time-to-time by posting a new version on the Site and giving to written notice to Members of the variation.

8.6        Where a Force Majeure Event gives rise to a failure or delay in us performing our obligations under this Agreement, those obligations will be suspended for the duration of the Force Majeure Event.

8.7        This Agreement constitutes the entire agreement between you and us in relation to your use of the Site, and supersedes all previous agreements in respect of your use of the Site.

8.8        This Agreement will be governed by and construed in accordance with English law.

PART B: MEMBERSHIP TERMS

9.         Membership

9.1        Membership is open to individuals who are at least 18 years of age and are acting in a non-commercial capacity. 

9.2        The criteria for eligibility to apply to become a Free Member will be subject to our discretion.  In order to apply to become a Free Member, you must take the following steps:

(a)        confirm your consent to the terms of this Agreement;

(b)        complete and submit the Site's Member registration form; and

(c)        click the activation link in an email that we will send to you.

9.3        We may decline any application to become a Free Member in our sole discretion, in which case we will not send you the activation email referred to above.

9.4        The criteria for eligibility to apply to become a Paid Member will be subject to our discretion.  In order to become a Paid Member, you must take the following steps:

(a)        confirm your consent to the terms of this Agreement;

(b)        complete and submit the Site's Member registration form; and

(c)        pay the applicable subscription fee in accordance with the terms of this Agreement and the instructions in the payment email that we will send to you.

9.5        We may decline any application to become a Paid Member in our sole discretion, in which case we will not send you the payment email referred to above.

9.6        If you make any error during the process of paying the subscription fee on the Worldpay website, you will have the opportunity to correct that error before finalising your order.

9.7        You will become a Member, and the terms in this Part B will come into force, when you complete the procedure set out in Clause 9.2 or Clause 9.4.

9.8        Subject to Clause 12 and Clause 16, Free Membership will continue indefinitely whilst Paid Membership will continue only for the period in respect of which you have paid your subscription fees, after which it will automatically terminate.

9.9        You must not allow any person who is not a Member or indeed any other person to use your user ID and password, and you must ensure that that user ID and password are kept confidential. You accept responsibility for all activities that occur under or in relation to your user ID and password.

10.       Subscription fees

10.1      Paid Membership is subject to the payment of a subscription fee (which will relate to a specific period, will be as stated on the Site from time to time, and which we may vary from time to time in our absolute discretion).

10.2      Payment of the subscription fee must be made by credit or debit card via Worldpay, and must be received in full in cleared funds before we grant access to the Paid Member services.

11.       Membership benefits

11.1      Subject to Clause 11.2, Members will receive the following benefits during the term of their Membership:

(a)        access to our searchable database of Member profiles;

(b)        the ability to send and receive private messages from other Members via the Site.

11.2      We may, from time to time, vary the benefits available to Members in our absolute discretion.

11.3      Save where expressly requested by us to do so on the Site, Members must not add any information to the Site which will facilitate direct communications with other Members or other users (including email addresses, postal addresses, instant messaging IDs, telephone numbers, or fax numbers).

12.       Consumer rights

12.1      You may cancel your Membership and will be entitled to a refund of your subscription fee (if any) if you send to us written notice of cancellation at any time within 7 working days of the date when your Membership first becomes active, providing that at the date of cancellation you have not taken advantage of any of the benefits of Membership.

12.2      If you cancel your Paid Membership and are entitled to a refund under Clause 12.1, we will usually refund any money received from you by Worldpay.

12.3      We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation.

13.       User Content

13.1      You warrant that the User Content (and its processing and storage by us via or in relation to the Site):

(a)        does not infringe any Intellectual Property Rights, other proprietary rights, rights of confidence or privacy, or data protection laws;

(b)        does not violate any law, statute, ordinance or regulation;

(c)        is not defamatory or maliciously false;

(d)        is not obscene or pornographic; and

(e)        does not contain or consist of spam or any commercial, promotional, advertising or marketing material.

13.2      You acknowledge that we do not undertake to monitor your use of the Site.

13.3      You grant to us a non-exclusive royalty-free irrevocable world-wide licence to copy, modify, distribute, show in public, and create derivative works from your User Content in the course providing the Site and the Site services.

14.       The Candy Shop

14.1      Members may purchase gifts for other Members via The Candy Shop.

14.2      The advertising of Products on the Site constitutes an “invitation to treat”; and your Order for Products constitutes a contractual offer.  No contract comes into force between you and us unless and until we accept your Order.

14.3      Prices for Products are quoted in The Candy Shop.  However, it is always possible that some of the Products listed on the Candy Shop may be incorrectly priced.  We will verify prices as part of our sale procedures so that a Product's correct price will be stated when you pay for the Product.

14.4      In addition to the price of the Products, you may have to pay a delivery charge, which will be as stated when you pay for the Product.

14.5      Payment must be made via Worldpay at the time of your Order.  We may withhold the Products and/or terminate your Order if the price is not received from you in full, on time, in cleared funds.

14.6      The prices in The Candy Shop include any value added or sales taxes (where applicable).

14.7      Prices for Products are liable to change at any time, but changes will not affect Orders which have come into force.

14.8      We will arrange for the Products to be delivered to the address of the Member for whom the Product has been purchased (as indicated in your Order).

14.9      We will use reasonable endeavours to deliver Products within 7 days of the acceptance of your Order. However, we cannot guarantee delivery by the relevant date.  We do however guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within 30 days of the receipt of payment.

14.10    We will only deliver Products within England and Wales.

14.11    The Products will be at the risk of the recipient from the time of delivery.

14.12    You may cancel an Order at any time within 7 working days after the day the recipient received the Products (subject to the limitations set out below).  You will not have any such cancellation right insofar as the Order relates to: (i) the supply of any Products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of Products the price of which is dependent upon fluctuations in financial markets which we cannot control; or (iii) the supply of newspapers, periodicals or magazines.  If you cancel the Order on this basis, you must inform us in writing and the recipient must return the Products to us immediately, in the same condition in which the recipient received them.  Products returned within the 7 working day period referred to above will be refunded in full (including the cost of sending the Products to the recipient).  However, you will be responsible for paying the cost of returning the Product to us.  If you cancel this Agreement on this basis and you do not return to the Products to us, we may recover the Products and charge you for the costs we incur in doing so.  Similarly, if you return the Products at our expense, we may pass that expense on to you.

14.13    You may also cancel this Agreement if the Products supplied are defective.  Products returned by you because of a defect will be refunded in full (including the cost of sending the Products to the recipient, and the cost of returning the Products to us).

14.14    If you cancel an Order and are entitled to a refund under this Clause 14, we will usually refund any money received from you by Worldpay.

14.15    We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation.

15.       Warranties and indemnity

15.1      In addition to the warranties set out elsewhere in this Agreement, you warrant to us that:

(a)        you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement;

(b)        all information you supply as part of a Member or in a Product Order profile is accurate, complete and not misleading; and

(c)        that you will keep the information you supply as part of a Member profile up-to-date; and

(d)        you will be able to accept delivery of the Products specified in an Order.

15.2      We warrant to Members that:

(a)        we have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable us to lawfully enter into this Agreement;

(b)        all services we provide to you under this Agreement will be provided with reasonable care and skill; and

(c)        all Products will be of satisfactory quality.

15.3      Subject to our obligations under Clause 15.2, you acknowledge that:

(a)        all advice published on the Site is of a general nature, and may not be appropriate for your specific circumstances;

(b)        we cannot be held responsible for the behaviour of our Members, either on or off the Site, and we cannot guarantee that any information provided by a Member is accurate, complete and not misleading;

            and accordingly you will not hold us liable in respect of any such matters.

15.4      You will indemnify us and keep us indemnified against any loss, damage, expense, cost or liability incurred or suffered by us arising out of any breach by you of any term of this Agreement.

15.5      We may take such action as we deem appropriate to deal with any breach of this Clause 15 or any other breach of this Agreement, including removing User Content, suspending your Membership, restricting your access to the Site, contacting your internet services provider, commencing legal proceedings against you and/or terminating your Membership in accordance with Clause 16.

16.       Termination of Membership

16.1      We may terminate your Membership for convenience at any time by giving to you written notice of termination, subject to Clause 17.1.

16.2      We may terminate your Membership immediately at any time by written notice to you if:

(a)        you commit any breach of your obligations under these Terms;

(b)        you die, become incapable of managing your own affairs by reason of mental or physical illness or incapacity, become a patient under any mental health legislation, or are the subject of a bankruptcy petition or order.

16.3      You may terminate your Membership at any time by sending to us an email notice of termination. 

17.       Consequences of termination of Membership

17.1      Where your Membership is terminated under by us under Clause 16.1, we will refund to you any subscription fees paid to us in relation to any period of your Membership after the effective date of termination (the amount of which will be calculated by us using any reasonable methodology).

17.2      Save as provided in Clause 12 and Clause 17.1, you will not be entitled to any refund or other payment upon termination of the Agreement.

17.3      Both before and after termination, we will be entitled to set off any amount held in your account against any amount you owe to us whether under this Agreement or otherwise, and against any loss or damage suffered by us whether in relation to this Agreement or otherwise arising out of your acts or omissions.

17.4      Termination of your Membership will not affect:

(a)        the accrued rights and obligations of the parties at the date of termination; or

(b)        the continued existence and validity of the rights and obligations of the parties under Clauses 13.3, 15 and 17, and the continued application of Part A to any use of the Site by you.

17.5      You acknowledge that, after the termination of your Membership and unless you notify us that you wish your profile details to be deleted from the Site, your profile details may continue to appear on the Site when Members use the Site search facility.