MyPleasr
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Terms And Conditions
1. Introduction
1.1
These terms and conditions govern your use of the MyPleasr website.
1.2
By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3
If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4
You must be at least 18 years of age to use our website; and by using our website and by agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age. You also agree to review our personal safety tips document before communicating with any person through our website and before meeting for the first time any person you have communicated with through our website.
1.5
Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
2. Copyright notice
2.1
Copyright (©) 2017 New Connections Online UK Ltd
2.2
Subject to the express provisions of these terms and conditions:
(a)
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b)
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
3.1
You may:
(a)
view pages from our website in a web browser;
(b)
download pages from our website for caching in a web browser;
(c)
print pages from our website; and
(d)
use our website services by means of a web browser or our dedicated mobile phone app,
If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.
3.2
Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3
You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
3.4
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5
Unless you own or control the relevant rights in the material, you must not:
(a)
republish material from our website (including republication on another website);
(b)
sell, rent or sub-license material from our website;
(c)
show any material from our website in public;
(d)
exploit material from our website for a commercial purpose; or
(e)
redistribute material from our website.
4. Acceptable use
4.1
You must not:
(a)
use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b)
attempt to gain unauthorised access to the website or direct a denial of service attack at the website;
(c)
use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(d)
use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(e)
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(f)
create a profile on the website using a bot or other automated means;
(g)
violate the directives set out in the robots.txt file for our website;
(h)
use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(i)
use our website to advertise or market any of your or any third party's goods, services, websites or digital products, unless we have given our express written consent to the advertising or marketing.
4.2
You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
4.3
You are solely responsible for your interactions with other users of our website.
5. Registration, accounts and profiles
5.1
To be eligible for an individual account on our website under this Section 5, you must be at least 18 years of age.
5.2
You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
5.3
You must not allow any other person to use your account to access the website.
5.4
You must notify us in writing immediately by using the contact details provided on the contact page if you become aware of any unauthorised use of your account.
5.5
You must not use any other person's account to access the website, unless you have that person's express permission to do so.
5.6
All information that you supply as part of a personal profile on the website must be true, accurate, current, complete and non-misleading. You must keep your personal profile on our website up to date. Personal profile information must also comply with the provisions of Section 4 and Section 13.
6. User login details
6.1
If you register for an account with our website, you will be asked to choose a user ID and password.
6.2
Your user ID must not be liable to mislead and must comply with the content rules set out in Section 13; you must not use your account or user ID for or in connection with the impersonation of any person.
6.3
You must keep your password confidential.
6.4
You must notify us in writing immediately if you become aware of any disclosure of your password by using the contact details provided on the contact page
6.5
You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
7.1
We may:
(a)
edit your account details;
(b)
temporarily suspend your account; and/or
(C)
cancel your account,
at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 7.1.
7.2
You may suspend or cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you suspend or cancel your account in accordance with this Section 7.2.
8. Dating services
8.1
To become a subscriber to our website services, you must pay the applicable subscription fees (if any) after you have registered for an account with our website. In addition to the subscription-based services, the following services may be purchased on the website:
(a)
additional pay-as-you-go messaging allowances; and
(b)
virtual gifts.
8.2
We will send you an acknowledgement of each order. The contract between us for the supply of the website services shall come into force upon the issue of the order acknowledgement. You will have the opportunity to identify and correct input errors prior to making your order.
8.3
Registered users with appropriate subscriptions will be able to access dating-related services on our website, which may include:
(a)
the publication of a personal profile on our website;
(b)
access to our searchable database of other users' personal profiles;
(c)
live chat with other website users (subject to the approval of the relevant user following the sending of a private message); and
(d)
private messaging of other website users (subject to subscription limits and purchases).
8.4
We may from time to time vary the benefits associated with a subscription by publishing the variation on our website, providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any services that were to be provided to you after the date of such cancellation.
8.5
At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, you acknowledge and agree that your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our website at least 48 hours before the due time and date of renewal.
8.6
Save where expressly requested or permitted by us to do so, you must not add any information to our website (excluding in private messages and live chats) that may facilitate direct communications with other users (including without limitation email addresses, postal addresses, instant messaging IDs, telephone numbers, fax numbers, personal website URLs and social networking profile URLs).
8.7
You acknowledge that we do not perform any criminal or other background checks upon users and cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 16.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
9. Credits
9.1
You may earn credits by taking certain actions on our website, which may include:
(a)
purchasing pay-as-you-go messaging allowances (including messaging allowances that form part of a subscription purchase) and virtual gifts on our website; and
(b)
depending upon the circumstances, sending certain reply messages through our website,
and, in addition, you may earn credits when a person referred to our website by you using a special hyperlink themselves earns credits under Sections 9.1(a) or 9.1(b) upon the website during the period of 1 year following the date of that person's registration on the website.
9.2
The amounts of the credits that may be earned are equal to the percentage rate specified on our website from time to time applied to the amount attributable to the event giving rise to the credit. We will determine acting reasonably the amounts attributable to credit-earning events. The credit percentage will be applied to the relevant amount exclusive of any VAT. We reserve the right to change the actions that may give rise to credits and to change the amounts of credits that may be earned as a result of actions, at any time in our sole discretion, by sending you a written notice of the change or by publishing a written notice detailing the change on our website. However, such changes will not be retrospective. You acknowledge that we may also, on a temporary basis, alter the exchange rate between credits and vouchers/payments to your benefit.
9.3
You must at all times act in a bona fide manner in relation to the earning of credits, and you must not use any illegal, unlawful, deceptive, fraudulent or otherwise improper means to earn credits; in particular you must not send credit-earning communications to other website users where the sole or principal purpose of sending those communications is to earn credits. In respect of credit-earning communications, those communications must constitute a "significant exchange" or you will not be entitled to cash out credits in respect of those communications. We will determine, in our sole discretion, whether an exchange of communications is significant for these purposes.
9.4
You will be able to monitor the credits you have accrued using your website account.
9.5
When your accrued credits reach the threshold level defined on our website, we will (at your option) either:
(a)
send you an Amazon or other retail voucher for the amount of the credits; or
(b)
pay the amount represented by the credits to a charity selected by you (from several options determined by us).
9.6
Credits may not be exchanged for a cash equivalent.
9.7
If you breach these terms and conditions or we reasonably suspect that you have breached these terms and conditions, we may without liability deduct any or all of your credits from your account and/or decline to send a voucher or make a payment in accordance with Section 9.5.
9.8
Upon the closure of your account, you will cease to be entitled to any accrued credits, and we will pay the money amount represented by the credits to a charity of our choice.
9.9
If you enter into an affiliate contract with us relating to the website, then this Section 9 will not apply. Instead, the affiliate contract will govern the earning of any credits.
10. Fees
10.1
The fees in respect of these website services will be as set out on the website from time to time.
10.2
You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
10.3
We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
10.4
If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
10.5
If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a)
an amount equal to the amount of the charge-back;
(b)
all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c)
an administration fee of GBP 50.00 including VAT; and
(d)
all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.5 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 10.5.
10.6
If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
10.7
We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
11. Distance contracts: cancellation right
11.1
This Section 11 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
11.2
You may cancel a contract entered into with us through our website, at any time within the period:
(a)
beginning upon the submission of your order; and
(b)
ending at the end of 14 days after the day on which the contract is entered into,
11.3
You agree that we may begin the provision of services before the expiry of the period referred to in Section 11.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:
(a)
if the services are fully performed (in other words, you have used all the private messages available under your subscription) you will lose the right to cancel referred to in Section 11.2;
(b)
if the services are partially performed at the time of cancellation (in other words, you have used some but not all of the private messages available under your subscription), you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 11.
11.4
In order to cancel a contract on the basis described in this Section 11, you must inform us of your decision to cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. You may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired
11.5
If you cancel a contract, on the basis described in this Section 11, you will receive a full refund of any amount you paid to us in respect of the contract, except as specified in this Section 11.
11.6
We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
11.7
We will process the refund due to you as a result of a cancellation on the basis described in this Section 11 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
12. Your content: licence
12.1
In these terms and conditions, "your content" means all profiles, private messages, chat messages and other works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
12.2
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this website and any successor website.
12.3
You grant to us the right to sub-license the rights licensed under Section 12.2 to the extent reasonably required to enable us to provide to you the website services.
12.4
You may edit your content to the extent permitted using the editing functionality made available on our website.
12.5
Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
13. Your content: rules
13.1
You warrant and represent that your content will comply with these terms and conditions.
13.2
Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
13.3
Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a)
be libellous or maliciously false;
(b)
be obscene or indecent;
(c)
infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d)
infringe any right of confidence, right of privacy or right under data protection legislation;
(e)
constitute negligent advice or contain any negligent statement;
(f)
constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g)
be in contempt of any court, or in breach of any court order;
(h)
be in breach of racial or religious hatred or discrimination legislation;
(i)
be blasphemous;
(j)
be in breach of official secrets legislation;
(k)
be in breach of any contractual obligation owed to any person;
(l)
be pornographic;
(m)
be untrue, false, inaccurate or misleading;
(n)
consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(o)
constitute spam;
(p)
be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
(q)
include any images of any person under 18 years of age, or any person who appears to be under 18 years of age; or
(r)
consist of or contain any advertising or marketing materials, unless we have given our express written consent to the inclusion of such materials.
13.4
Without prejudice to Section 13.3(l), profile images and other images that you post on the website that are or may be available to unregistered users or users who are not your friends on the website must not feature nudity.
13.5
Your content must not include email addresses or website addresses, unless we have given our express written consent to the inclusion of such addresses in your content. In any case, you must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
13.6
You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
13.7
You must not send any personal financial information through our website to any other user of our website.
14. Report abuse
14.1
If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
14.2
You can let us know about any such material or activity by email or using our abuse reporting form.
15. Limited warranties
15.1
We do not warrant or represent that the use of our services will enable you to meet any person or form any relationship; nor do we warrant that all the users of the site are using it for these purposes.
15.2
We do not warrant or represent:
(a)
the completeness or accuracy of the information published on our website;
(b)
that the material on the website is up to date; or
(c)
that the website or any service on the website will remain available.
15.3
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
15.4
To the maximum extent permitted by applicable law and subject to Section 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
16. Limitations and exclusions of liability
16.1
Nothing in these terms and conditions will:
(a)
limit or exclude any liability for death or personal injury resulting from our negligence;
(b)
limit or exclude any liability for fraud or fraudulent misrepresentation;
(c)
limit any liabilities in any way that is not permitted under applicable law; or
(d)
exclude any liabilities that may not be excluded under applicable law,
16.2
The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:
(a)
are subject to Section 16.1; and
(b)
govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
16.3
To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
16.4
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control (including failures of the internet, a part of the internet or any public telecommunications network, hacker attacks and denial of service attacks, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).
16.5
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
16.6
We will not be liable to you in respect of any loss or corruption of any data, database or software.
16.7
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
16.8
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
16.9
Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
(a)
GBP 500; and
(b)
the total amount paid and payable to us under the contract.
17. Indemnity
17.1
You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
(a)
any breach by you of any provision of these terms and conditions; or
(b)
your use of our website.
18. Breaches of these terms and conditions
18.1
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a)
send you one or more formal warnings;
(b)
temporarily suspend your access to our website;
(c)
permanently prohibit you from accessing our website;
(d)
block computers using your IP address from accessing our website;
(e)
contact any or all of your internet service providers and request that they block your access to our website;
(f)
commence legal action against you, whether for breach of contract or otherwise; and/or
(g)
suspend or delete your account on our website.
18.2
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
19. Third party websites
19.1
Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
19.2
We have no control over third party websites and their contents, and subject to Section 16.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them
20. Trade marks
20.1
MyPleasr, NEW CONNECTIONS ONLINE, our logos and our other registered and unregistered trade marks 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
20.2
The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, 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.
21. Variation
21.1
We may revise these terms and conditions from time to time.
21.2
The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
21.3
If you are a consumer and have purchased any of our website services and there subsists a contract under these terms and conditions in respect of those website services, we will ask for your express agreement to any revision of that contract. We may make such revisions only for the purposes of reflecting changes to applicable law, the technology we use to provide the services and/or our internal business processes. We will give you at least 30 days' prior written notice of any revision. If you do not give your express agreement to the revised terms and conditions within that period, the contract between us shall be automatically terminated and you will be entitled to a refund of any amounts paid to us in respect of website services that were to be provided by us to you after the date of such termination.
22. Assignment
22.1
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
22.2
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
23. Severability
23.1
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
23.2
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
24. Third party rights
24.1
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
24.2
The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
25. Entire agreement
25.1
Subject to Section 16.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
26. Law and jurisdiction
26.1
These terms and conditions shall be governed by and construed in accordance with English law.
26.2
Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
27. Statutory and regulatory disclosures
27.1
We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
27.2
These terms and conditions are available in the English language only.
28. Our details
28.1
This website is owned and operated by New Connections Online UK Ltd (trading as MyPleasr).
28.2
We are registered in England under registration number 09821359, and our registered office is at c/o Selachii LLP, 96 Kensington High Street, London W8 4SG
28.3
You can contact us by writing to the address given above, by using our website contact form, by telephone on the number given on our website from time to time or by email to admin@newconnectionsonline.com.
