Terms & Conditions
Table Of Contents
- THESE TERMS
- INFORMATION ABOUT US AND HOW TO CONTACT US
- YOUR RESPONSIBILITIES UNDER THIS AGREEMENT
- YOUR ACCOUNT
- OUR CONTRACT WITH YOU
- OUR SERVICES
- PROVIDING THE SERVICES
- YOUR RIGHTS TO END THE CONTRACT
- HOW TO END THE CONTRACT WITH US
- OUR RIGHTS TO END THE CONTRACT
- IF THERE IS A PROBLEM WITH THE PRODUCT
- PRICE AND PAYMENT
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- OTHER IMPORTANT TERMS
You should really read this Agreement in full and particularly clause 9 (how you can terminate the services and end this agreement) and clause 13 as it limits our liability to you for the Services we provide
1. THESE TERMS
This is our entire agreement. Except as expressly set out in this contract, these terms and conditions form the entire agreement that governs our relationship with you to the exclusion of any other terms, events, agreements (oral or written) or conduct surrounding or accepting your acceptance of this agreement.
Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
What these terms cover.
These are the terms and conditions on which we supply our services and digital content to you under the appMi Dating Network.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
How to contact us
- You can contact us by writing to us at [email protected]
How we may contact you.
- If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you sign up to our services.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Who we are.
- We are appMi Global Limited a company registered in England and Wales. Our company registration number is 09512672 and our registered office is at The Platform, New Station Street, Leeds, West Yorkshire, United Kingdom, LS1 4JB.
3. YOUR RESPONSIBILITIES UNDER THIS AGREEMENT
Eligibility – YOU MUST BE AT LEAST 18 (EIGHTEEN) YEARS OLD TO CREATE AN ACCOUNT WITH US and by signing up to our services you represent and warrant that:
- You are 18 (Eighteen) years old or older
- You can form a binding legal agreement with us;
- You are not legally barred or prohibited from using our services;
- You will comply with this Agreement and any applicable laws in your country including any rules or regulations that affect you; and
- You have never been convicted of any criminal offences involving violence, physical or sexual abuse or sexual misconduct and you are not required to register as a sex offender in any jurisdiction applicable to you
By using the Service, you agree that you will not:
- use the Service for any purpose that is illegal or prohibited by this Agreement.
- use the Service for any harmful or nefarious purpose.
- use the Service in order to damage The List.
- spam, solicit money from or defraud any users.
- impersonate any person or entity or post any images of another person without his or her permission.
- bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
- post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- Stay safe. You have to comply at all times with our Safety Policy and any other rules we publish from time to time.
- Play nice. You must treat us and our users with respect and dignity at all times.
- Making sure your details are accurate. If we are making your profile based on the details you have given us, or permitted us to access, you are responsible for ensuring that these details are correct and you should notify us immediately if this is not the case
4. YOUR ACCOUNT
- Your account forms part of the appMi Dating Network group of websites that offer dating services and products. By accepting this agreement, you acknowledge and agree that your details and account become part of the appMi Dating Network and you will be visible to users on other websites than the one you signed up to.
- You must not share your password or login details with anyone else.
- You must monitor your payments to us to ensure that they reflect your purchases and you must notify us immediately if you suspect any suspicious activity.
5. YOUR CONTRACT WITH YOU
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Your order reference. We may assign an order reference to your order and tell you what it is when we accept your order. It will help us if you can tell us the order reference whenever you contact us about your order.
6. OUR SERVICES
- Our Services are provided to you on an “as-is” basis without any warranty whatsoever. Our services are standardised and are not bespoke to your own requirements in any way and to the maximum extent permitted by law we exclude any and all warranties of any kind, express or implied, statutory or otherwise. Specifically, we exclude warranties as to fitness for purpose, satisfactory quality, merchantability, and non-infringement. If we did not exclude these warranties, we would have to charge you a higher price to offer the services in order for the additional risk to be commercially acceptable and therefore by purchasing the services for the price charged, you understand and accept this bargain with us.
- The Services might not work perfectly or at all. We do not warrant that the services will be error free, and they may be interrupted at any time. If errors do occur, we might not fix them immediately or at all.
- Services may vary. The look and feel of the services may vary from that shown in images on our website or any advertising.
- User behaviour and User Generated Content is out of our reasonable control and we are not responsible for any actions, comments or materials uploaded by users of our services.
- We may change our services:
- to reflect changes in relevant laws and regulatory requirements which may require us to change the format or functionality of the services we offer; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not usually affect your use of the product.
- We are always working to improve our services and therefore we might add or remove functionality in relation to your account with us at any time, as long as we don’t materially affect your rights or obligations, including suspending the service completely. If we have to suspend your account or the services, then we will give you notice of this if it is commercially possible to do so.
- This clause applies only to the extent that it does not limit any of your consumer rights which cannot be legally excluded.
- Our services do not include third party services. Whilst using our services you might see links to third party websites. We are responsible for these third-party websites even though they might advertise on our website or app. You need to check the terms and conditions of each such third party to ensure that you know what your relationship is with those third parties and we are not a part of that relationship.
7. PROVIDING THE SERVICES
When we will provide the services. During the order process we will let you know when we will provide you access to the services. We will also tell you during the order process when and how you can end the contract.
We will supply the services, goods or digital content to you until the subscription expires or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
We are not responsible for events outside our control. If our supply of the services is restricted by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the interruption. Provided we do this we will not be liable for interruptions or limitations caused by the event, but if there is a risk of substantial ongoing detriment to you then you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- Protect our users or take emergency measures to respond to IT security breaches or attacks or any data breach as we consider to be reasonably necessary in the circumstances.
Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than thirty (30) days in any nine (9) month period we will adjust the price so that you do not pay for products while they are suspended.
You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than thirty (30) days and we will refund any sums you have paid in advance for the service in respect of the period after you end the contract.
We may also suspend the services if you do not pay or where we are otherwise entitled to end the agreement. If you do not pay us for the services when you are supposed to (see clause 4), or we have a right to end our agreement with you under clause 10 below, we may suspend supply of the service immediately. We will contact you to tell you we are suspending supply of the services where feasible to do so. We may not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 12.5).
8. YOUR RIGHTS TO END THE CONTRACT
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- In all other cases (if we are not at fault and there is no right to change your mind)
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the service or these terms which you do not agree to
- there is a risk that supply of the services may be significantly delayed because of events outside our control;
- we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than thirty (30) days; or
- you have a legal right to end the contract because of something we have done wrong.
You do not have a cooling off period. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013 are known more widely as the “cooling-off period” and this does not apply to digital products such as our dating services which allow you with immediate access and use of the services.
Purchases which are always non-refundable, including in app purchases of credits or Queue Jumps. Where you purchase a subscription for our services this will usually always be non-refundable although we retain an absolute right to waive any fees due to us if we want to.
Where you purchase any add-ons (in-app-purchases for example) then these will also not be refundable regardless of whether or not you have used them up when by the time your subscription for the services or this agreement comes to an end.
We are legally not bound in any way to offer a refund for your purchases of bundles of credits or Queue Jumps or any similar purchase except where we materially breach our contract with you.
9. HOW TO END THE CONTRACT WITH US
If you choose to purchase Go VIP, payment will be charged to your iTunes account, and your account will be charged for renewal within 24-hours prior to the end of the current period. Auto-renewal may be turned off at any time by going to your settings in the iTunes Store after purchase. Current GO VIP subscription price starts at £6.99 GBP/week or £14.99 GBP/month. Prices are in UK Pounds, may vary in countries other than the UK and are subject to change without notice. Currently the Go VIP features are only available for UK users. No cancellation of the current subscription is allowed during the active subscription period. If you don’t choose to purchase Go VIP you can simply continue using The List for free.
10. OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is strictly necessary for us to provide the services where we inform you of the same;
- you breach any of our Rules or policies such as our Safety Policy;
- you breach any term of this agreement, especially as regards any of Your Responsibilities set out above; or
- If you do anything which we reasonably consider would damage our reputation or may cause us any any harm, financial, reputational, moral or otherwise.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will not refund any money you have paid in advance for services We may withdraw the services. We may write to you to let you know that we are going to stop providing the services.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at [email protected]
Summary of your key legal rights
We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
a) If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
b) If your digital content is faulty, you’re entitled to a repair or a replacement.
c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
d) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
See also clause 8.3.
If your product is services, for example a support contract for a laptop or tickets to a concert, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
12. PRICE AND PAYMENT
- Where to find the price for the product. The price of the services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. [If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay. We use a third-party payment provider and we do not process payments ourselves. You will need to make payment in advance for our services before we provide access to them.
- We can charge interest if you pay late. If you do not make any payment to us, or you owe us any money at all which you have not paid, by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at clause 2 including the right to receive services which are supplied with reasonable skill and care.
- If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us or for any data which you should have backed up before uploading to us.
- We are not liable for business losses. We only supply the products for domestic and private use and no other purpose.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF WE HAVE BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A CLAIM, LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST US, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
- THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 13 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
- You are not allow to transfer your rights to someone else . You may not transfer your rights or your obligations under these terms to another person unless we expressly agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms and our relationship with you are governed exclusively by English law and you can bring legal proceedings in respect of our services and this agreement in the English courts.
© appMi Global Limited 2019