GENERAL
TERMS OF SERVICE
Vers. 24th July
2024
1.
PURPOSE and DEFINITIONS
1.1 The
present general terms of the contract (hereinafter, "GENERAL TERMS")
contain the terms and conditions governing the provision of the Meet4Tonight
Service (hereinafter also the "Service") available on the site
www.meet4tonight.com (hereinafter the "Site"). The GENERAL
TERMS are agreed upon by You, as User of the
services (hereinafter, "You"or"User") and
the Company Iumob S.r.l., Via Comelico 3, 20135 Milano, VAT
number IT07048770965 (hereinafter, "Meet4Tonight" or the
"Company", and jointly with the User, the "Parties").
The present GENERAL TERMS govern and regulate the Service provided
by the Company to the User by means of
the Site, cancel any previous provision between the Parties not
expressly cited or attached, and constitute the set of rights and obligations
between the Company and the User. The Site aims
to facilitate communication between Users in order to facilitate the emergence
of new friendships.
1.2 In
addition to the terms and words defined elsewhere herein, the following are
defined:
"Subscription"
means the period of time subscribed to paid Services;
"Rate plans"
means the types of Subscription available on the Site, using
the ways described in article 3.2 below;
"Cases of Force Majeure"
mean, by way of example and not exhaustively, pursuant to and for the
purposes of the GENERAL TERMS: lockouts, strikes, absolute lack of means
of transport, war, revolt or other military actions, floods, fires,
lightning, explosions, accidents, power outages, interruptions,
malfunctions or overloads of telephone or Internet lines, delays or
defaults by Meet4Tonight's third party suppliers or any other event that
is beyond the reasonable control of Meet4Tonight, and which prevents the
full and correct fulfilment of Meet4Tonight's obligations set forth
herein;
"Chat"
messaging service of the Site that allows interactions between Users
"Content" means any information,
data, video, image, photo, text, description, indication, personal detail,
interest, hobby, presentation provided by the User and
uploaded to the Site ;
"Effective Date"
means the date on which these GENERAL TERMS are accepted by the User
"Duration of Contract"
means the duration of these GENERAL TERMS, as specified in article 8
below;
"Meetings"
means the Site page where Users appear, and their
affinities can be selected;
"Party" means
Meet4Tonight or the User;
"Profile"
means the User 's personal and private web page on
the Site, linked to the account created at the time of
registering;
"Recap" means the column present
on some pages of the Site where the User 's
activities and popularity on the Site are recorded and
summarised;
"Search" means
the Site function that allows the User to search for
other Users;
"Advanced Search"
means a Site function that allows Users to search for
other Users after having Subscribed to the service;
"Services"
means the services available to the User on the Site,
as specified in article 3 herein;
"On-Demand purchases
section" means additional services that the User can
purchase in addition to the products and services included in his/her
subscription; in this way the User will purchase
"Credits" that can be used from time to time to procure
additional services;
"Subscription"
means the period of time subscribed to paid Services;
"Subscription Section"
means the web page on the Site where it will be possible
to view the different Rate Plans on offer and proceed with the
Subscription purchase;
"Subscription
Services" means
the services available to the User who has purchased a
Subscription present on the Site, as specified in article 3
below;
"Status - Profile Info"
means phrases published by the User that can be viewed by
other Users;
"Territory" means the geographic area
chosen by the User as a reference when searching for
other Users;
2.
COMPLETING THE CONTRACT
We inform
you that by pressing the "Sign up" button when registering with
the Site or, in any case, by using the Service, you declare
that you have read and expressly accept these GENERAL TERMS. Registering with
Meet4Tonight and using the Service are completely free (except
for costs for computers, applications and telecommunications equipment and
Internet connection costs, which are met by the User based on
rates established by your provider). If you do not agree with even one of the
terms and conditions herein, we kindly invite you not to use the Service and
to leave the Site. You acknowledge and agree that the
Services you use on the Site are designed to put Users in
contact, and that Meet4Tonight simply provides a contact-enabling platform.
The Company therefore is not and shall not be party to or
responsible for individual contacts between Users, or for related contents.
3.
MEET4TONIGHT'S SERVICES
3.1 In
completing the Profile when registering, the User enters the
territory, gender (Male/Female/other) of Users he/she is looking for, the
nickname by which he will be known on the Site and age. This
profile is then validated by reception of an e-mail and relative confirmation.
After the account is validated, the User must upload a photo
in order to have a Public Profile on the Site (for uploading
tips see the FAQ, available here). In the Profile the User can
enter the Contents that concern him/her, making changes at any time, with a
dedicated page for photos (both public and private). The Site consists
of a number of areas in addition to the Profile, some of which are available
only to Users with Subscriptions. The User recognises and
accepts that only through his/her Profile will he/she will be able to use the
Services of the Site, for example searching for other Users through
the Search function, viewing messages in the chats, and that his/her Profile
can be viewed by other Users. To use the Services, the User must have
applications and made the necessary settings for the correct functioning of
the Service, for example and not exhaustively:
The Company does
not guarantee that the Services can be used if the User uses a
popup window-blocking utility. Such a function must be disabled before using
the Service. Furthermore, the User must have the
competence, equipment and applications required to use the Internet or,
possibly, Internet and telephone services, and recognise that Internet features
and constraints allow him to guarantee the protection, availability and
integrity of data transmissions via the Internet. In view of these conditions,
the Company does not guarantee that the services will work
without interruptions or malfunctions. In particular, their use may be
temporarily interrupted for maintenance, updating, technical improvements,
modification of contents or of site presentation. Whenever possible, the Company will
inform the Members in advance of maintenance or updating operations. Likewise,
the Company cannot be held responsible for any malfunctions,
lack of access or poor usage conditions of the Site that may
be attributable to an unsuitable device, malfunctions inside the User's
Internet provider, Internet traffic and any other reason beyond the Company's control.
At the time of registering, a questionnaire will be given to outline the
desired profile of the person being sought. These data, in addition to other
personal data, will be recorded in the Company 's database,
and can be compared with the data of all other Company users
in order to provide information on the compatibility of two members, based on
the Company's proprietary algorithm. Based on the comparison of the
User's profile with the data of all other members contained in the database,
the User will receive a list of users with whom he/she might be compatible.
3.2 Purchase
of Subscription
3.2.1
The Site includes some services that can only be accessed upon
payment of the Rate Plans and acquisition of the Subscription. The User
acknowledges and agrees that he will have the chance to use the Subscription
Services of the Site only upon purchase of the Subscription. The User
acknowledges and agrees that the Services will be activated following payment
of the Subscription. The costs of the various subscription types are shown on
the purchase pages, and will be viewed by the User before each payment. The
User expressly acknowledges and accepts that the Company may change the costs
of the types of subscriptions at any time, also with reference to Users already
registered and / or subscriptions in progress. The User expressly acknowledges
and accepts that, at the time of each payment made through the Site,
together with the amount indicated on the purchase pages, sales tax (or other
similar taxes that may be applicable to a specific payment, except where these
are not provided for) will also be charged, calculated on the basis of the
information provided by the User directly and/or indirectly
(by way of example but not limited to, through the IP address or information
relating to the means of payment used). The amount of taxes paid will in any
case be clearly indicated in the summary of the purchase. The User authorises
the Company to charge the total of the above-mentioned amounts. Costs may vary
based on current promotions and special offers. The proposed subscription plans
all include automatic renewals upon expiry of the relative Contract. In order
to correctly identify the taxes to be charged, Users further expressly
acknowledge and accept that (i) Users that are ordinarily resident outside the
European Union may only purchase paid services in the country in which they
ordinarily reside, while (ii) Users that are ordinarily resident in the
European Union may only purchase paid services within the European Union. If
paid services are subject to sales taxes under these GENERAL TERMS in the
country to be considered for taxation purposes and the User has failed to pay
them by not providing correct information on the country from which the
purchase takes place, the User shall be liable for their payment and for any
penalties, outstanding payments or interest due to the competent tax
authorities.
The types
of Subscription available with automatic renewal are indicated, and are as
follows:
Promo (e.g. trial period from 1
to 7 days), then type C subscription
1 month or equivalent credit
packet with an automatic renew every 30 days
3 months or equivalent credit
packet with an automatic renew every 90 days
6 months or equivalent credit
packet with an automatic renew every 180 days
In the
Subscription Section the User compiles the data necessary for
the payment, enters his/her details, contacts and billing references. The User acknowledges
and accepts that the payments and all management of the data needed for such
payments are entirely managed by international payment service providers
(so-called Payment Processors) in possession of the relevant authorisations and
licences needed to provide this service.
The
subscribed User has access to a dashboard in the Profile, in
which there is a summary of the status of the Subscription, through which
he/she can manage payment methods.
3.2.2 The
contract entered into by the Company and the User shall
be deemed to be concluded with the Company's acceptance, full or
partial, of the order. By placing an order in the various ways provided, the
User declares he/she has read all the information provided herein and/or during
the purchase procedure, and fully accepts the general and payment terms and
conditions given below. If the User is a consumer (i.e. a
natural person who registers for purposes that do not relate to his or her
professional activity meaning that he/she does not make the purchase by
indicating on the order form a VAT number as defined in Article 3, paragraph 1,
letter a) of the Italian Consumer Code - hereinafter the "Consumer"),
once the online purchase procedure has been completed, the Company shall send
him or her by e-mail, inter alia, the link to these Conditions, which the User
shall print or save and in any case preserve, in accordance with the provisions
of the current Italian Consumer Code. All rights of the User shall be excluded
for damages or indemnification, as well as any contractual or extra liability
for direct or indirect damage to persons and/or property caused by the Company's
full or partial non-acceptance of an order.
3.2.3 Purchase
methods.The User can purchase the Subscription Services
through the Site. The correct receipt of the order is confirmed by
the Company by means of an e-mail reply, sent to the e-mail
address communicated by the User. This confirmation message will
contain, in addition to the link to these Terms of Sale, the Date and Time of
execution of the order and a 'Customer Order Number', to be used in any further
communication with the Company. The message repeats all the data
entered by the User who undertakes to verify its correctness
and communicate any corrections to make promptly, according to the methods
described herein. In the event of non-acceptance of the order, the Company will
communicate the decision to the User in a timely manner.
3.2.4 Right
of withdrawal. By registering for Subscription Services, the User expressly
declares and agrees to waive the right of withdrawal in accordance with Art. 59
of the Italian Consumer Code which states: "The right of
withdrawal provided for in Articles 52 to 58 for distance and off-premises
contracts is excluded in respect of [...] o) the supply of digital content by
means of a non-material medium if the performance has begun with the consumer's
prior express consent and his acknowledgement that, if so, he would have lost
his right of withdrawal".
3.2.5 Conditions
for purchases by credit card.In the event of registration to the Service via
Credit Card payment, upon the conclusion of the online transaction, the
reference bank will authorise only the amount relating to the purchase made.
The relative amount will actually be charged to the credit card(s) entered by
the User when registering or at a later time, these can be
managed/viewed completely independently by the User in the
appropriate section of the Site. The card update procedure may require card
verification with a possible charge of €1. The method of payment can be made
via a single payment for the entire amount or for a portion thereof through
multiple payments until the total amount of the purchased subscription is paid
off (the amount of these fractional charges are €2.49, €4.99, and up to a
maximum of €9.99). In the event of cancellation of the order, if the Company does
not accept the order, the Company will promptly request the
cancellation of the transaction and release of the committed amount. For some
card types, release times depend exclusively on the banking system, and can
arrive at their natural expiration (24th day after the authorisation date).
Once the transaction has been cancelled, the User acknowledges
and expressly agrees that in no case can the Company be held
liable for any damages, direct or indirect, caused by a delay by the banking
system in the failure to release the amount committed. The Company reserves
the right to request additional information from the User (e.g.
landline phone number) or to send copies of documents proving ownership of the
Card used. In particular, the User hereby acknowledges and accepts that the
Company may be required, on the basis of the agreements with the banks
providing the payment systems, as well as by virtue of the regulations in
force, to verify that the User is the actual owner of the means of payment that
he/she declares he/she intends to use for the purposes of payment of the Fees.
In the
absence of the required documentation, the Company reserves
the right to refuse the order. At no time during the purchase process is
the Company able to know the information relating to the
buyer's credit card, transmitted via secure connection directly to the Site of
the bank managing the transaction. These data will not be kept in any of
the Company 's archives. Under no circumstances
can the Company be held liable for any fraudulent or
improper use of credit cards by third parties at the time of payment. For
further information on the processing of the purchaser's credit card
information, please read the policy provided by the bank.
3.3 Automatic
renewal of the Subscription.The User acknowledges and
expressly accepts that upon expiry of the scheduled period, the Subscription
will be automatically renewed under the same purchase terms, barring ongoing
promotions. The User can prevent the automatic renewal
directly from his/her Profile section by sending a notice of termination, to be
communicated via the contact form or by calling the number
+39 0294753607, within the following times:
At least before the expiry of
type A subscription;
At least 15 days before the
expiry of type B subscription;
At least 30 days before the
expiry of type C subscription;
At least 60 days before the
expiry of type D subscription;
The User acknowledges
and accepts that it is necessary to indicate the username or e-mail address
used during registration, otherwise the cancellation request is void, as it
does not allow the User to be identified. The User therefore expressly accepts
and authorises the Meet4Tonight manager to automatically renew the subscription
- and continue with payments according to the method chosen by the User when
purchasing the subscription plan, without the User having to re-enter their
credit card details - in the absence of cancellation as per the terms and
conditions herein.In the event that the full amount is not available on the
credit card, payment of the Subscription will be subject, where necessary, to
an instalment payment based on the amount of liquidity on the card.
3.4 On
Demand Purchases The User can add to the
services included in the chosen subscription plan with credit package
purchases. The User who has fully used the credits included in
the chosen subscription plan will be able to purchase others in On-Demand mode.
When signing up for the subscription plan, the User also
authorises any charges for on-demand purchases to go onto the credit card
entered during registration or at a later stage. Credits purchased on demand
and not used during the period of validity of the subscription will be lost,
and are not cumulable, transferable and refundable.
The User may
use credit packages purchased for additional functions within the service,
depending on the service chosen, spending the corresponding number of credits.
The User can check the number of credits remaining at
any time by accessing the settings page.
3.5
The User acknowledges and agrees that Meet4Tonight
reserves the right to propose different rates or free access to certain User
categories, or in the event of particular commercial promotions that may be
take place, even by means of dedicated codes and/or specific targeted marketing
initiatives. This category of special offers includes the Plus promotional
packages. With this type of package, the User is periodically entitled to have
double amount of credits on a regular basis compared to the packages priced at
2,99€ and 4,99€.
The price
and payment methods for the various Services are constantly available on the
Meet4Tonight Site and can be viewed prior to use of the Services to which the
User wishes to subscribe, and prior to the use of the related Rate Plans.
3.6
The User on the Site shares Contents, and recognises and
accepts that other Users can view and interact with those Contents. With our
Services you can send messages and share information in various ways, such as
through the User Profile, links, Status and messages. The information and
content that the User shares or publishes can be seen by other users registered
with the Site.
3.7
The User The User can search for other Users through the
Search and Advanced Search functions. Advanced Searches are reserved for users
who have signed up for a Subscription, and requires the selection of more than
one parameter when searching for other Users.
3.8
The User acknowledges and expressly agrees to use the Site,
any mobile applications and emails to receive important communications from
Meet4Tonight. These GENERAL TERMS also apply to mobile applications.
Furthermore, the User agrees that some additional information - such as
Contents - may be shared with Meet4Tonight. The User acknowledges and expressly
agrees that if the contact information provided to Meet4Tonight is not up to
date, he/she may lose the aforementioned communications. The User agrees that
Meet4Tonight may send notices in the following ways: (i) a banner notice
appearing in the Services, or (ii) an email sent to an address provided by the
User, or (iii) by other means, including the mobile phone number, landline
phone or traditional mail. The User agrees to keep his/her contact information
up to date.
3.9
The User acknowledges and agrees that if he/she infringes
the law, third party rights or these GENERAL TERMS, Meet4Tonight may at its
complete discretion suspend or interrupt provision of the Services to the User,
close the User's account, prevent access to the Site or
take any other action needed to protect Meet4Tonight's existing or potential
rights and interests. Furthermore, Meet4Tonight reserves the right to cancel or
suspend the User 's account if it is not used for more than six months.
Meet4Tonight is not obliged to publish any information or content on the
Services, and is entitled to remove such information at its sole discretion,
with or without notice.
3.10
the Company reserves the right to delete the information and
content that the User has published in breach of these terms
and conditions. The Company reserves the right to suspend or
interrupt the Services or change and modify them at its discretion.
Meet4Tonight is not a data storage service. The Company reserves
the right to delete Users' messages when 6 months have elapsed since their
submission. The User accepts that the Company has
no obligation to keep, maintain or provide a copy of any content or information
that the User or other persons has provided in breach of these
terms and conditions, except to the extent required by applicable law and as
indicated in the Privacy Policy.
3.11
The Service aims to ensure the present GENERAL TERMS are
complied with, and to exclude from the Service anyone who, by
undersigning them, use it in a different way. If you believe that a profile is
fake, or if you receive incorrect messages from another User, such
as spam, advertising, vulgar or threatening messages, inappropriate content, an
invitation to use pay phone numbers and similar, please report the problem by
clicking on the link "Block User"present on the profile
of the User you wish to report. If Meet4Tonight Users do not
comply with these GENERAL TERMS, or if anomalies are reported regarding use of
the Service, in particular regarding Contents, Meet4Tonight staff
perform a check, which might lead to the User being included in the 'Banned'
category. If a User is included among banned Users, the
message "you have been banned for violating Meet4Tonight's terms and
conditions" will be displayed when you attempt to log in, and will
therefore not be able to access the Site. The User may also contact staff via
the contact form to ask for explanations and
report the error. If Staff detect an error, the status of the User will
be immediately restored, otherwise the User will be permanently deleted from
entry in the relative category.The User expressly acknowledges and accepts that
the Company may use, in the event of direct and/or indirect reports, or the
receiving of Content by the Company, a combination of automated reporting
systems and the intervention of moderators to check and verify the presence of
Content that violates these GENERAL TERMS into accounts and messages. Although
the Company reserves the right to review and remove any Content that violates
the GENERAL TERMS, such Content are under the sole responsibility of the User
who posts it. The Company cannot guarantee that all Content present on the
Website from time to time complies with the GENERAL TERMS. In any case, if the
User notices any Content on the Site that violates the GENERAL TERMS, he or she
is requested to report it through the channels indicated in this article 3.11.
4. THE
USER'S DECLARATIONS AND GUARANTEES
The User hereby
declares and guarantees he/she:
has read and understood the
GENERAL TERMS;
is of age, has the ability to
act and to sign legally binding contracts;
has chosen a secure and complex
password when signing up; and for the entire duration of the relationship
arising by undersigning these GENERAL TERMS: (i) will keep the password
secure and secret; (ii) will not transfer any part of the account (for
example, links, Contents); (iii) will not allow third parties to use the
account, and (iv) will comply with any applicable law regarding the
management of computer-based accounts;
is responsible for anything
that happens through the account unless he/she closes it or reports any
abuse;
will only upload information on
his/her Profile and Contents that he/she is entitled to share, and the
Profile will be truthful;
will not upload any personal
information (e-mail address, postal address, telephone number, etc.) to
the Site that may allow other Users to contact him/her by
means other than the Services;
will refrain from reproducing,
duplicating, copying, selling, reselling and in any case exploiting
the Site or any part thereof for commercial purposes, as
well as reproducing or using in any way Meet4Tonight trademarks and logos;
declares and expressly
guarantees that he/she has obtained all the consents and disclaimers,
where necessary, from any possible holder of rights for any reason on the
Contents uploaded to the Site, including, merely by way of
example, in the case of images, to be the holder of the right to exploit
the image right and/or having been authorised to do so;
grants to Meet4Tonight, on a
non-exclusive basis, free of charge, without temporal and territorial
limitations, any and all rights of publication, execution and
representation in public, communication to the public, making available to
the public, distributing, translating, processing, in any form and by any
means, of the Contents that will be available to the public on the Site (including
the Profile Picture);
hereby authorises the Company,
the third parties authorised by it, to use single parts or fragments of
the Contents and to modify said Contents, wholly or in part, if this is
deemed appropriate by Meet4Tonight or by third parties for the best
exploitation of said Contents pursuant to these GENERAL TERMS;
will not publish or use false
data, or data aimed at incitement to hatred, of a homophobic nature,
violent towards any minority or in any way slanderous or defamatory or
data that contain advertisements of any kind or links to other websites;
will refrain from any form of
use, direct and/or indirect, of the Service and of
the Site contrary to law provisions or at odds with the
provisions herein or on the Site;
will not disclose or
disseminate any information or Contents that have the effect of
diminishing, disrupting or preventing the normal use of the Services,
interrupting and/or slowing down the normal circulation of communications
among Users through the Services, such as use of applications, viruses,
trojan horses, sending mass messages (spam), etc. Meet4Tonight reserves
the right to delete messages sent in bulk by a User in
order to guarantee a normal quality of service use for other Users;
will refrain from uploading to
the Site any content that is obscene, offensive, violent,
defamatory, detrimental to personal dignity, blasphemous and which, in
particular, contains: racist statements or praising the inferiority or
superiority of a race, people or culture compared with others or
minorities, apologies for crimes against humanity; incitement to hatred or
violence; sexually explicit, pornographic or child pornography contents;
threats or harassment; information or messages that provide instructions
on illegal activities, induce illegal activities or that may cause injury
to third parties; incitement to dangerous behaviour and risk emulation by
minors or to the use of drugs or animal abuse; messages, including hidden
messages, of a promotional and/or advertising nature; images not suitable
for children (minors);
will not use software or other
automatic or manual mechanisms to copy or access the pages of the Site or
their content.
5.
LIABILITY
5.1
The User acknowledges and expressly accepts that:
the Site puts
Users in contact and enables them to meet, and the Company does
not act directly in any way with reference to the Services available on
the Site, acting merely as a platform for the use of the
Services by the Users;
Users expressly acknowledge and
agree that the Company may employ individuals and profile assistants
without the possibility of meetings to follow and entertain Users in order
to ensure an optimal user experience as well as continued availability of
the Service;
The Company does
not carry out (nor is it authorised to carry out) any type of check or
verification, not even on a sample basis, of the criminal records of
its Users, nor checks on what they have declared in their
Profiles, except with reference to information relating to the means of
payment to be used for the purposes of any Subscriptions or On-Demand
Purchases or in the event of specific report from other Users;
Users are the only parties with
reference to the Services, and the Company is totally
unrelated to the individual relationships between Users, and is not liable
for any unwanted encounters, for this reason we recommend reading
the FAQ section and our relative
advice.
The Company therefore
does not make any representations or warranties to the User about,
merely by way of example:
the quality, lawfulness,
security, compliance and features of the Services on the Site,
the existence, and the
possibility of having real meetings with other users;
the truthfulness, correctness
and completeness of what is published and declared by other Users, also
regarding the information required to be made known to consumers pursuant
to the applicable law.
the conduct of other Users
(current or future) or their compatibility with the User
5.2 Without
prejudice to cases of wilful misconduct or gross negligence, to the maximum
extent permitted by law, the User acknowledges and accepts
that the Company will in no way be liable to the User for
any damages, losses, costs, charges and expenses, direct or indirect, including
any legal costs, suffered and/or incurred by the User relating
to what has been suffered by other Users and/or, in any case, relating to
the Service pursuant to the GENERAL TERMS. Therefore, no
compensation for damage may be requested by the User from
the Company for any damage suffered in relation to the Service and
will not be in any way liable to the User for any delays or
breaches of its obligations in relation to the Services in the event that such
delays or failures derive from Force Majeure causes.
5.3
The Company is not necessarily affiliated with any website to
which links exist on the Site, and is not responsible in any way
for the content of said websites. These links are created solely for the
convenience of Users, and access to these sites is at the risk and peril of the
Users themselves. A link from the Site to any other website
does not imply that the Company endorses, supports or
recommends that website in any way, or has any control over any aspect of that
website's content.
5.4 The
relations or communications made by the User through the Site with
any third party other than the Company are deemed to be
exclusively between the User and the third party. Some
sections of the Site may provide links to websites that make
it possible to effect transactions or purchase goods or services. These
operations may be conducted by third-party partners or by vendors. Under no
circumstances shall the Company be liable for any goods,
services, resources or content made available through such relationships or
communications with such third parties, or for any related damage. The User is
wholly liable for carefully monitoring the practices and policies adopted by
said third parties before entering into any transaction. Any complaints or
questions raised by the User regarding materials or
information provided by third parties must be sent directly to such third
parties.
5.5
The Company does not have the means to check and cannot
guarantee the personal identity and existence of the Users. The Company therefore
cannot be held liable in the event of identity fraud involving a User.
If the User has reason to believe that third parties are using
his/her login credentials or account, he/she is obliged to immediately inform
the Company. If a User wishes to present a
friend, and provides the Company with the relevant data,
he/she undertakes to obtain the express consent of the friend to the processing
of personal data by the Company, which will be used exclusively to
send him/her, in the name and on behalf of the User providing
the data to the Company, an electronic message to inform him/her of
the Services offered. The User is also solely liable towards
the Company for this friend and third parties, and for the
consequences of the transmission of his/her data to the Company.
6.
PRIVACY
The Company respects
and protects the privacy of its Users.
The Company does
not use your personal data for marketing purposes and/or sending commercial
communications and/or direct sales without having obtained your prior express
consent.
TheUser accepts
that the Company reserves the right to access, store, use and
process all information it provides in accordance with the terms of the Privacy Policy
We also
remind you that, by accessing your personal area on the Site, you
may correct or update your personal data at any time.
7.
TRANSFER
The User may
not transfer some or all of the present GENERAL TERMS to third parties.
The Company may at any time transfer these GENERAL TERMS to
third parties in its entirety.
8.
DURATION AND SURVIVAL OF CLAUSES
8.1 These
GENERAL TERMS come into force from the Effective Date, will remain in force for
a period of 1 (one) year from that date and will be automatically renewed for
subsequent periods of one year each, unless one Party communicates to the other
Party by registered letter with advice of receipt the User's intention not to
renew the GENERAL TERMS at least 30 (thirty) days prior to the deadline for
each renewal.
8.2 The
following articles of the GENERAL TERMS shall remain valid and effective even
after the conclusion of these GENERAL TERMS: art. 4 (User Declarations
and Guarantees); art. 5 (Liability); art. 11 (Applicable Law and
Jurisdiction); art. 13 (General Clauses).
9.
WITHDRAWAL
Without
prejudice to Article 3.2.4, each Party may withdraw from these GENERAL TERMS at
any time, by simple written communication to the other Party, giving at least 5
(five) days' notice. It is understood that, also in the event of withdrawal,
the Company reserves the right to cancel or suspend the User's
Profile. Upon withdrawal from these GENERAL TERMS by the User,
the Company reserves the right to withhold the sums already
paid for unused Rate Plans, without prejudice to the provisions of article 3.3
above.
In the
event of withdrawal by the User, no refund can be requested for
amounts already paid.
10.
TERMINATION
Without
prejudice to the other provisions provided elsewhere in these GENERAL TERMS, if
the User breaches Articles 3.2, 4 or 7 of these GENERAL TERMS,
the Company reserves the right to suspend the User's
Profile and, if necessary, to terminate the GENERAL TERMS as of right, upon
simple notification (by e-mail) that the Company wishes to
apply this clause. This termination will be with full title, without prejudice
to the Company's right to take action against the User or
his/her assignors to obtain compensation for any damage suffered as a result of
improper use of the Service. The data regarding the User will be
destroyed immediately upon his/her express request or in any case by the Company within
the period provided for by the applicable legislation and necessary for the
protection of the interests of the Company and/or the
other Users.
11.
APPLICABLE LAW AND JURISDICTION
11.1 These
GENERAL TERMS are entirely governed by Italian law.
11.2
Without prejudice to norms protecting consumers in the matter of competent
court, any dispute arising between the Parties in relation to the validity,
interpretation, execution and termination of these GENERAL TERMS and/or in any
case in connection with these GENERAL TERMS will be the exclusive competence of
the Court of Milan, with the exclusion of any other competing or alternative
court
12.
AMENDMENTS
The Company reserves
the right to update or change these GENERAL TERMS at any time, in the event
that such updates or amendments are necessary to adapt the Service to legal
provisions or supervised regulations, to implement security measures that
become necessary to optimise the provision of the Service or
improve the features of the Service. The Company shall
inform Users about changes that have been made directly on
the Site. Changes to the GENERAL TERMS will be automatically valid
and effective, starting from the tenth day from the date of publication on
the Site and will be deemed to be accepted by the User.
The User acknowledges and agrees that he/she will be responsible for
periodically checking the page of the Site showing the GENERAL
TERMS in order to check for any updates. In the event of changes to these
GENERAL TERMS, theUser will in any case be entitled to withdraw, a right that
can be exercised at any time by simple written communication to the Company or
by directly closing his/her account on the Site via his own
personal area.
13.
GENERAL CLAUSES
13.1 Any
tolerance on the part of the Company towards the User's
behaviour that breaches any provision of the GENERAL TERMS does not constitute
a waiver of the rights deriving from the violated provision, nor of the right
to demand the correct fulfilment of all the provisions contained herein.
13.2 Any
failure or delay in exercising a right pertaining to Meet4Tonight pursuant to
the GENERAL TERMS shall not be considered as a waiver of its rights.
13.3 The
GENERAL TERMS contain the overall agreement reached by the Parties with respect
to their subject matter, and they prevail over all previous communications,
declarations and agreements, both oral and written, reached by the Parties.
13.4 If any
term or other provision of these GENERAL TERMS is declared invalid, voidable or
unenforceable, all other conditions and provisions herein will remain, in any
case, fully valid and effective. If any term or provision is erased due to it
being invalid, contrary to mandatory rules or unenforceable, the Parties
undertake to negotiate in good faith and modify these GENERAL TERMS in such a
way as to best achieve the original intention of the Parties in order to fulfil
in the best possible way the commitments made herein.
13.5
Meet4Tonight and Users act in full autonomy and independence.
The present GENERAL TERMS do not give rise to any relationship of
collaboration, agency, association, intermediation or subordinate employment
between Meet4Tonight and the Users.
13.6 Any
communication from one Party to the other pursuant to the GENERAL TERMS shall
be sent either by registered letter addressed to Iumob Srl, Via Comelico, 3,
20135 Milano (with the notification of receipt option) or via the contact form
14.
UNFAIR CLAUSES
The User
acknowledges and accepts that certain paragraphs of the GENERAL TERMS contain
unfair clauses, including the points listed below and that, therefore, he/she
must expressly accept during registration, pursuant to articles 1341 and 1342
of the Italian Civil Code: 2. Conclusion of the Contract; 3. The Meet4Tonight
Services (in particular, 3.2, 3.3, 3.4, 3.5, 3.7, 3.8, 3.9, 3.10 and 3.11); 4.
Declarations and Warranties of the User; 5. Duration and Survival of Clauses;
9. Withdrawal; 10. Termination; 11.Applicable Law and Jurisdiction; 12.
Modifications. The User is invited to carefully read the
aforementioned clauses before concluding Registration on the Site, waiving any
claim in relation to the abovementioned clauses, also by way of reimbursement
or compensation.
15.
Refund Policy/Cancellation
You get a
14-day cooling-off period on any subscription purchase. To request a refund
just ask our Customer care by sending an email to contact form. Please note that refunds are
available for purchases of first-time subscriptions. No refunds will be given
for renewals. If you don't want to continue with your subscription, you can
cancel the automatic renewal on your profile section or sending a message
writing an email to contact form
16.
CHARGEBACKS/DISPUTE
We expect
our clients to get in touch with us in case of any issues connected to the
transactions for the service provided. We can solve all the problems
encountered without having to request for a chargeback from the banks. Please
contact our customer care. We contact the client`s Issuing Bank to get the
additional information about the client and the disputed transaction. We
reserve the right for using third-party services to process received
chargebacks. We can temporarily discontinue the client's account and suppress
client's transactions while making a chargeback investigation. The client
cannot be refunded if the chargeback was requested.