The Soul Mate Date
Company Searc Inc With registered address in St Lucia The Sotheby Building, Rodney Village, Rodney Bay, Gros-Islet, St Lucia
General Terms and Conditions
Thesoulmatedate reserves the right to amend these Terms and Conditions at any time, insofar as this does not affect essential provisions of the contractual agreement and it is necessary in order to adapt to the type and scope of the agreed Services, including the provisions on termination.
The Services are intended for adult Users to communicate with each other online and you must be over 18 years of age to become a Member, Subscriber or User.
During registration, the User will need to specify a password and user name. Registration requires the User to enter an e-mail address and to fill in the registration form in full.
As an alternative, the User is offered a connect function from third-party providers (e.g. Facebook Connect). When registering via the connect function of a third-party provider, the respective profiles of the User are transferred to the Thesoulmatedate database. When registering via the connect function of a third-party provider, the User must accept the respective terms and conditions of the third-party provider.
The Service may contain advertisements and promotions offered by third parties as well as links to other websites or internet resources. Thesoulmatedate is not responsible for the availability (or lack of availability) of such external websites or internet resources. If the User decides to interact with third parties through Thesoulmatedate, the relationship between them and the User is subject to the terms and conditions of these third parties. Thesoulmatedate is not responsible or liable for the terms or actions of such third parties Services,
The safety and security of all Users, whether a Member or Subscriber is of the utmost importance and our experienced vetting team checks all new User profiles (and updates to them) for inappropriate content and tries to identify and remove possible scammers from the Site. However, we are not in a position to verify the identity of Users or the accuracy of User Content, nor can we guarantee that our vetting processes will spot all inappropriate User Content. You should therefore not assume that any User Content is accurate or that another User is who he or she claims to be. It is up to you to take appropriate steps to investigate User Content before you take any action based on it. We will not be liable for false or misleading statements by other Users.
When arranging to meet another person through use of the Services, you must take appropriate precautions and if any such meetings take place, they are undertaking at your own risk.
You alone are responsible for ensuring that your interaction with other Users is lawful.
You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind.We will not be liable if your identity is used by someone else.
You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a username or password. In such case you should immediately amend your password. We will not become involved in any disputes between Users, nor do we provide any arbitration or settlement services should a dispute arise.
When accepting the Terms and Conditions the User is agreeing to use the Site and the Services and therefore the User agrees that they will not in connection with the Services breach any applicable law, regulation or code of conduct;
The User will not publish or send any User Content (including photos you make visible only to your favourites) or communications to us which are false or misleading (and you agree to update User Content to ensure that it does not become false or misleading), sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, homophobic, xenophobic, abusive, unlawful, deceitful, invasive of another's privacy, offensive, harmful, violent, threatening, harassing, defamatory, an infringement of third party intellectual property or other rights or which encourage or assist any of the foregoing. Photographic content that will be publicly viewable is further subject to the terms and conditions noted on the photo upload page;
The User will not publish content (including photos) that directly or indirectly alludes to child pornography or attempts to solicit communication with or on behalf of any person under the age of 18;
The User will not include in your profile or any other information you post on the Site or in any communications you make through the Site to another User who has not previously contacted you, any information that enables you to be personally identified or contacted (other than through the Services), including (but not limited to) your last name, postal or email address or telephone number or another website address where such information about you can be found. For the purposes of this restriction contact with another User through the "One liner" service does not qualify as prior contact;
The User will not solicit other Users' contact details or disclose your subscription or Member status in your profile;
The User will not disclose or make accessible to any third party any username(s), password(s), activation code(s) or similar information allocated to Users or use them for any purpose other than authentication for the Services;
The User will not provide email addresses to us of other persons or publish or send any User Content referring to other persons without having obtained their prior consent;
The User will not publish or send any User Content which links to any third party websites which are illegal or contain inappropriate content;
The User will not use the Services for any commercial, professional or non-private purposes (including advertising, canvassing, soliciting, trading, prostitution);
The User will not use the Services for junk mail, spam and pyramid or similar or fraudulent schemes;
The User will not do anything which may have the effect of disrupting the Services including the use of worms, viruses, software bombs or mass mailings;
The User will attempt to gain unauthorised access to any part of the Services or to the equipment used to provide the Services;
The User will not use the Services to harass any other Member or seek to contact any Member who requests that you cease contact (you will have the option to block contact from other Members by selecting the appropriate option in their profiles);
The User will not impersonate any other person or entity; or will not use the Services other than for the purposes set out in these Terms and Conditions.
You agree to comply with any guidelines or requirements on our Site as well as any reasonable request or instructions by us in connection with the Services.
You must ensure that all contact and payment information (e.g. postal and email addresses, credit card numbers) that you provide are accurate and kept up to date.
You must notify us in writing immediately if you become aware of any inappropriate behaviour in connection with the Services (including if you believe that material belonging to a third party has been posted on the Site by another User in breach of copyright.
Thesoulmatedate reserves the right to refuse the registration of a User at any time without stating reasons, but in addition the User is also entitled to delete his or her profile without stating reasons at any time. Like many popular dating sites, thesoulmatedate also uses a percentage of the site profiles that are handled by professional chat operators to give you the highest quality fantasychat for those who simply don’t want to go on a date.
We may suspend or terminate your registration at any time and Immediately without notice or refund if in our reasonable opinion you have committed a serious breach of this Agreement or any User Content published or sent by you or your continued membership is or might be damaging to our business or to other Users.
We will notify you by email of any suspension or termination of your registration (or of confirmation thereof). Following such notification, you must not attempt to re-register as a Member or to use our Services unless we notify you that any suspension has been lifted.
Termination will not affect the accrued rights of either party under this Agreement.
In addition to the free Services, Thesoulmatedate offers the User various fee-based Services and benefits. With each individual use of these Services, the User enters a new contractual relationship with Thesoulmatedate. Each use of a Service constitutes a new contractual relationship. These Services are completely detached from the free use of Thesoulmatedate database system. The individual contracts do not constitute subscriptions. The contract is concluded by the User selecting the chargeable Service and accepting the payment obligation by pressing the "Buy" button (hereinafter: Order Process). The Services subject to charges are also subject to local terms and conditions.
If the User chooses to make a purchase through Thesoulmatedate, they agree to pay Thesoulmatedate all fees at the indicated price for the Services they have selected, as well as any costs or taxes that may be incurred on their payments. In addition, Thesoulmatedate is authorised to charge the selected payment provider (the User's "payment method"). Thesoulmatedate may correct any billing errors or mistakes even if payment has already been requested or received. If the User reverses a transaction or otherwise reverses a payment via its payment method, Thesoulmatedate may, at its sole discretion, immediately delete the User account.
Through the conclusion of a payable contractual relationship, the User receives an amount selected in the Order Process, which is credited in the form of a credit account. The credit balance is denominated in so-called "Credits”. For a consumption of 5 "Credits” the User can send messages to other Users. If the credit account no longer contains any "Credits”, it is not possible to send another message to other Users. The User can add "Credits” to their credit account again through the Order Process, through which a new purchase contract is concluded.
The "Credits” are virtual items that the User acquires. The User is only permitted to purchase virtual items via Thesoulmatedate and by no other means. Virtual items form a limited license subject to this Agreement. Unless otherwise prohibited by applicable law, virtual items purchased by the User will be licensed to the User and the User acknowledges that no title or ownership of the virtual items will be transferred or assigned to the User. This Agreement shall not be construed as a sale of rights of virtual items. No account balance in the User's account with respect to the virtual items represents a real-world account balance or reflects any stored values but represents a measure of the scope of the User's license. There are no fees for virtual items if they are not used, but the license granted to the User for virtual items ends, in accordance with the terms of this contract, if Thesoulmatedate ceases to provide the Service or if the User's account is otherwise closed or terminated, Thesoulmatedate reserves the right, in its sole discretion, to charge fees for the right to access or use virtual items and/or may distribute virtual items for a fee or free of charge. Thesoulmatedate can manage, regulate, control, modify or remove virtual items at any time. If Thesoulmatedate exercises any of these rights, Thesoulmatedate shall not be liable to the User or to third parties. The transfer of virtual items is prohibited, and the User may not sell, accept back or otherwise transfer virtual items to any natural or legal person. Virtual items can only be taken back via the Service. All purchases and returns of virtual items made through the Service are final and non-refundable. The provision of virtual items for use within the Service, is a Service provided by Thesoulmatedate that begins immediately upon the User's acceptance of the purchase of such virtual items.
User acknowledges that Thesoulmatedate is under no obligation to refund for any reason and will not be entitled to any money or other compensation for unused virtual items if an account is closed, whether intentional or unintentional. However, Thesoulmatedate will review each request on a case-by-case basis and has the right to make refunds only as a gesture of goodwill and without acknowledging any legal obligation.
In general, all fees for purchases are non-refundable and there are no refunds or credits for partially used periods.
Purchases of “Credits” and virtual items are final and non-refundable.
The fee for paid Services must be paid in advance to Thesoulmatedate and is collected in full by the payment method selected in the Order Process, such as credit card, direct debit, online banking, Paysafe Card or PayPal. After successfully completing the Order Process, the coins will be credited to the customer account immediately, but at the latest after 2 hours. When purchasing by credit card, "Thesoulmatedate will appear as a descriptor on your statement. Thesoulmatedate may have the payments for fee-based Services processed by an external Service provider appointed by Thesoulmatedate.
Limitation of liability applies to our directors, officers, employees, subcontractors and agents (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to us.
You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.
We will not be liable to you for any loss or damage you suffer to the extent you cause or contribute to such loss or damage by your own acts or omissions, for example by not complying with these Terms and Conditions.
In no event (including our own negligence) will we be liable for any indirect losses (such as loss of profits, contracts or business) even if we have been advised of or ought to be aware of the possibility of such losses.
We are not liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond our reasonable control, including acts or omissions of providers of telecommunications services or faults in or failures of their networks and equipment.
These Terms are personal to you and you may not transfer or assign your rights or duties under this Agreement to anyone else without our prior written consent. We may assign all or part of our rights or duties under this Agreement at any time.
Any failure by us to exercise or enforce any right or provision of this Agreement does not constitute a waiver of it.
If any part of this Agreement is deemed void or ineffective for any reason, the remainder shall continue in full force.
The User grants Thesoulmatedate a non-exclusive, transferable, geographically unlimited and temporally limited right of use to the contents created or uploaded by them on the database, including pictures, texts and videos. The User assures that the contents posted or created by them and their use do not infringe the rights of third parties, in particular copyrights or other property rights.