Read our terms & Conditions
There are some important provisions, which we would draw your attention to:
- This is a dating website and social networking site for adults, it is not directed at minors, and if you are under 18 years of age or under the age of majority in the country which you reside in if it happens to be greater than 18-years old, you must not use our site.
- WE DO NOT CONDUCT ANY BACKGROUND CHECKS, CRIMINAL CHECKS OR IDENTITY CHECKS ON ANY OF THE SITE'S USERS. YOU ARE RESPONSIBLE FOR ALL OF YOUR INTERACTION WITH OTHER USERS AND YOU SHOULD READ MORE ABOUT ONLINE DATING SAFETY HERE.
- We do not get involved in disputes between you and any other user. We do get involved however if content requires to be removed. You take full responsibility and liability for all of your content, even if it breaches a third party's rights - you remain liable.
- All paid subscriptions automatically renew for the period and price that you signed up to. You may cancel the auto-renew feature to avoid recurring charges, but you must act at least 7 days before the next renewal date to avoid renewal.
- We do not guarantee that all user profiles are created by real people with the intention to meet or chat on our service. Some Member profiles may be fictitious or created for purposes beyond our control or otherwise qualify as “Staff Profiles”. Staff Profiles are profiles on the Site which are created, maintained and managed by our employees (“Staff Profiles”). The purpose of these Staff Profiles is to enable us to (a) ensure our Services are operating properly by testing the Services, features and functionalities, and (b) to research our products and Services.
1. THE PARTIES TO THIS AGREEMENT
This domain is owned by and operated by HELLERMAN LIMITED. The website is operated only as an online dating and social networking service.
You are entering into this agreement with HELLERMAN LIMITED.
Our contact details are:
Name: HELLERMAN LIMITED
Address: 29 Cooper Road, London, NW10 1BG
Email for Customer services: [email protected]
A. CUSTOM AND PROMOTED MESSAGES
A user may choose to send certain forms of automated messages to other users, which may vary from time to time and include but are not limited to Flirtсasts or Promote my account messages ("Custom Messages"). These Custom Messages may be in the form of template messages with pre-composed text, or may be a custom message edited by the sending user. To minimise the risk of receiving a Custom Message with contact details or any other content that may be used to threaten, harass, mislead or pose risk to another user's security on our sites, we reserve the right to monitor all Custom Messages, to modify or change the content of them to our template pre-composed Custom Messages. These security checks will be made at our discretion and any changes made to the content of the Custom Message will be automatically completed without informing the sending user of the changes.
2. ABOUT THE WEBSITE
A. OUR PROVISION OF THE SERVICES
We provide online entertainment and social services through our websites enabling you to contact and engage in interaction with other users of our various sites and apps. This is a social networking website for adults designed as a forum for meeting new people, a place to have discussions of a to share photos, videos, stories, and other information. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use our site in a manner consistent with its purpose and according to these terms.
We also reserve the right to stop offering the Services.
B. WARRANTIES BY YOU IN USING THE SERVICES
By accessing the Website or purchasing our services, you certify to us that:
- You have reached the age of majority where you live and that you have the legal capacity to agree to these terms;
- You own (or have permission to use) any credit card you used to purchase our services with and have authorized us (or our authorized payment processing agent) to charge the credit card according to the membership you chose (which may include automatically recurring charges until cancelled);
- You are aware of the mature nature of the materials manifested, you agree to receive them, and you are not offended by these materials;
- You access the Website voluntarily and for your own personal enjoyment, you will not seek to obtain commercial gain, or obtain money or other benefits from other users, fraudulently or otherwise;
- You have never been convicted of a felony and that you are not required to register as a sex offender with any government entity;
- Your use of the Website is not prohibited or restricted by your jurisdiction;
- You have complied and will continue to comply with the laws and regulations of the jurisdiction from which you access the Website;
- All information that you submit when you register is accurate and truthful and that you will promptly update any information that you provide that later becomes inaccurate, misleading, or false; and
- You will not share this Website or its contents with a minor or otherwise make them available to a minor;
- You state that you have the right, authority, and capacity to enter into and be bound by these terms and that by using our site you will not be violating any law or regulation of the country in which you reside. You are solely responsible for your compliance with all applicable local laws and regulations;
- You further state that you have not been convicted of and are not subject to any court order relating to assault, violence, sexual misconduct, or harassment.
3. HOW YOU CAN ACCESS OUR SERVICES
Our site is a meeting place for adults that features a rich collection of online resources, including various communication tools, chat services, online forums, personalized content, and branded programming. You may only use and become a registered member of our site if you are 18-years old or older (or the age of majority in the country in which you reside if that happens to be greater than 18-years old).
You can access the Website in the following ways:
- By visiting the Website as a guest without registering ("Guest"); or
- By registering for the Services as a member and purchasing a subscription package ("Member").
Throughout these terms we will make reference to Guest and Member. When the clause is relevant to all members, we shall simply use the term "member" or "users" to mean all users, whether Guests, Free, or Paid.
Absent special offers, you understand that if you are not a subscriber (i.e., Member): (1) you will not be able to use all the features and services available on the Website; and (2) subscribers members will not be able to use the Website to communicate with you. A member profile (both subscribers) may remain posted on the Website even though that member is not actively using our site. You understand that although a member's profile may be viewed, you may not (even as a subscriber) be able to use the Website to communicate with that member if he or she is not then actively using our site.
4. ABOUT SUBSCRIPTIONS AND BILLING
A. GUEST/ CHARGES
There is no fee payable to access the Services as a Guest.
However, please note that accessing the Services as a Guest or a Free Member will only give you limited access to the Website. Full access will require you to upgrade to become a Member, by paying for a subscription package.
B. ABOUT THE PAID FOR SERVICES
We offer you the opportunity to pay for certain services offered on the Website. Our services include various opportunities to find and meet additional people, to customize your profile, and to boost your profile so more people find you.
You are responsible for all costs associated with your use of your selected payment method including, for example, exchange rates, transaction fees, interest, and other fees charged by your credit/debit card companies and banks. During the signup process, we will ask you to indicate your preference for membership duration and costs among other things, and we will record your selections and click-through agreement to the duration, costs, and these terms. We reserve the right to offer free membership to any person of our choice at any given time, for any duration, while charging other members, at the same time. We also reserve the right to cancel the free trial period or membership at any time, for all or any of our members.
If you would like access to all features and areas within the Services, you should purchase our Subscription Package. As a Member you expressly agree to us providing the Services to you immediately upon payment by you.
The fees payable for the Subscription Package are set out on the payment page at the point of making payment. Please review the payment page very carefully when you come to make payment.
Please be aware that when you subscribe to any package, including the trial period, you will become liable for automatic renewal billing. THIS MEANS THAT THE MINIMUM DURATION OF YOUR CONTRACT WILL BE FOR THE INITIAL PERIOD, AND THIS WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL YOUR SERVICE.
We reserve the right to alter our subscription package at any time (in accordance with our process noted below at section 4(D)) and you will have the option to cancel your membership if you do not agree with the new price being offered to you.
C. AUTOMATIC RENEWAL BILLING
We operate an automatic renewal billing policy.
This means that once your initial membership period has expired, for your convenience, your membership will automatically be renewed at the same rate that you signed up for using the original payment method. For example, if you pay by credit card, we will continue to debit this same credit card as each subscription period expires. We will only debit these repeat payments when your current payment period expires and not before. From time to time we enroll our loyal customers in a loyalty program where the randomly chosen customers will be granted a discounted membership price on the next payment only
You must provide current, complete, and accurate information for your billing account. You will promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, card number, or expiration date), and you will promptly notify us if your payment method is cancelled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). If you fail to provide us any of this information, we will hold you responsible for the fees accrued under your billing account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
D. PRICE CHANGES
We reserve the right to alter our packages at any time and any change in your subscription price when you signed up to the Services, You will then have the option to cancel your membership if you do not agree to this price change.
E. DISPUTES ABOUT BILLING AND REFUNDS
In the event that you disagree with any charge made to your account, you agree to contact us with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us either by chat, email or telephone, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you. All disputes must be raised within three (3) months of the disputed transaction occurring.
We do not issue refunds unless there are extenuating circumstances that we feel warrant a refund. These may be things like the Website not working properly for some reason. In cases like these, we will issue refunds after investigating on a case-by-case basis. We will take into consideration things such as other complaints received or other customer comments. We do not guarantee satisfaction and we will not consider dissatisfaction with the Website or simply buyer's remorse as grounds for a refund.
We do not issue refunds of initial membership fees, once the Member has used his/her username and password to access the site.
We do not provide cash refunds; our authorized billing agent refunds the requested transaction back to you.
If an issued refund is for a recurring billing, we will only refund the most recent payment. A refund for a recurring billing will result in an immediate cancellation of the recurring service. A refund of fees for any nonrecurring service will also result in immediate termination of access to the service.
To request a refund, you must contact our customer service department through our support channels; chat, email or telephone. On issuing a refund, the Website reserves the right to add you to the negative databases of our associated authorized billing agents, and to any third-party fraud prevention agents associated with our products.
F. PERSONAL USE
Your account is for your personal use only. You may not authorise others to use your account or attempt to use another Member's account. You must not assign or otherwise transfer your account to any other person or entity.
You are solely responsible for your own actions and those of anyone using your account, and assume all liability regarding, (i) the information and content you or anyone using your account, posts on your behalf; (ii) the information and content you or anyone using your account post, transmit, publish, or otherwise make available through the Services; and (iii) your or anyone using your account's interactions with other members through the Services.
G. YOUR USE OF OUR SERVICES: INFORMATION YOU SUBMIT
If you register with us to use our Services, you warrant that you will:
- Provide all the information required to complete the registration forms for our Services;
- Ensure the information you provide is complete, accurate and up to date and you will promptly update all information to keep your account and billing information complete and accurate upon any change (such as change of billing address, credit card number or expiration date);
- You have not and will not access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs of your jurisdiction;
- Your use of the Services is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs;
- If you create an account, you confirm you have never (i) been convicted of a felony; and (ii) are not required to register as a sex offender with any government entity or agency; and
- You are either single or separated from your spouse or domestic partner;
- Only post information and content that is relevant to our members (please see below under "Restrictions on your use of the Site" for further details of the restrictions on the type of information and content you can post);
- Be fully responsible for all use of your account and for any actions that take place using your account whether by yourself or any other person using your account; and
- Only post genuine ratings of and comments on other members' profiles and other content based on your personal experience. Please note that any comments you make, if false, could be defamatory and could lead to legal proceedings being taken against you.
- We want to make sure that you do not try to confuse or mislead other members and we have the right, although we are not obliged to, to monitor profile activity for any inconsistencies, and we further have the right to make amendments to your profile in cases where we believe the information posted is inaccurate or contradictory (for example, you select your ethnicity however this is not the same as the ethnicity of the person shown in your profile photograph(s).
H. RESTRICTIONS ON YOUR USE
You agree that you will not post any content on through the Services, transmit any content to others, communicate any content, provide links to any content, or otherwise engage in any activity through the Services that, in our sole judgment:
- impersonates or otherwise misrepresents affiliation, connection or association with, any person or entity;
- discloses any personal or confidential information of any person or organisation without first obtaining their consent or solicits another person's personal information for commercial or unlawful purposes;
- discloses, solicits or requests personal information from anyone under the age of 18 or discloses or solicit passwords for unlawful purposes;
- contains any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- promotes racism, bigotry, hatred or physical harm against any group or individual;
- promotes or enables illegal or unlawful activities;
- is intended to harass, annoy, threaten or intimidate any other members or other people or organisations;
- is defamatory, inaccurate, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy, harms minors in any way (a minor being a person aged under 18 or under the age of majority in the country which you reside in if it happens to be greater than 18-years old ) or which may cause annoyance or inconvenience;
- is deliberately misleading or fraudulent;
- contains others' copyrighted content (such as music, videos, photographs, images etc) trademarks, patents, trade secret or other proprietary information, without first obtaining their consent;
- uses the Services for chain letters, junk mail or spam e-mails;
- advertises or solicits any member to buy or sell any products or services including but not limited to uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, affiliate marketing codes, link referral code or any other form of commercial solicitation;
- interferes or disrupts networks connected to the Services or attempts to interfere with the proper functioning of the Services (including imposing an unreasonable load on the technical infrastructure used to operate the Site);
- contains any material which may infringe or violate any third party's rights;
- violates any applicable local, state, national or international law;
- provides material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the various governments as a foreign terrorist organisation;
- stalks or otherwise harasses another person or user or member;
- collects or stores personal data about other users or members without their consent (including, but not limited to, through the use of scripts, bots or web crawlers). You mustn’t:
- upload, post, email, transmit, chat or otherwise disclose other users' or members' private information;
- post a profile or send a message to a user for any purpose other than to interact with other individuals online;
- delete or revise any content or material posted by any other person or entity;
- access data not intended for such user or logging into a server or account which the user is not authorized to access;
- attempt to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the site without proper authorization;
- attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services, overloading, flooding, spamming, mail bombing or crashing or otherwise attempting to deny service to the Site or the server of any user;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
- send unsolicited messages, including promotions and/or advertising of products or services;
- forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting for any reason;
- use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user or member without their prior express consent.
policy for any changes that we reserve the right to make.
I. MEMBERS OUTSIDE THE EEA
By registering and creating a member profile you consent to the wider dissemination of the information you provide in that profile to the other users of the Services and third party service providers, some of whom may be outside the European Economic Area ('EEA'), to allow you to date in an online environment. We will keep your personal information confidential except: (i) where you or anyone using your account have posted it for publication or display; or (ii) to the extent that we are compelled to disclose it by law or to comply with an instruction of a regulatory body of competent jurisdiction.
J. BACKGROUND AND CRIMINAL CHECKS OF USERS
You are solely responsible for your interactions with other members of the Website. You understand that we do not in any way: (1) monitor the activity of our members either offline or online; (2) screen or interview our members; (3) inquire into the background of our members (including conducting criminal background checks); or (4) attempt to verify the accuracy or statements made by members. We make no representations or warranties about the conduct of members or those acting on their behalf. You will take reasonable precautions in all communications, meetings, or interactions with other members of the Website, particularly if you decide to meet offline or in person. You should not divulge personal or financial information to strangers. To learn more about online dating safety, click here.
5. OUR RIGHTS
A. OUR PROPRIETARY RIGHTS
B. TO USE YOUR CONTENT FOR OUR OWN PURPOSES
By posting information or content including but not limited to copyrighted content, name and likeness and photographs to your profile pages or any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant to us, a non-exclusive, royalty free, worldwide licence to use, copy, publish, display, reformat, translate and distribute, and broadcast, such information or content and to grant and authorise sub-licences of the same. You further waive any moral or potential infringements rights you may have in any such information or content. We may assign or sublicense the above license to our affiliates and successors without any further approval by you.
C. TRANSFER OF PROFILE DATA FOR RE-BRANDING AND OTHER CORPORATE ACTIVITIES
6. THIRD PARTY RIGHTS
By submitting content to our site, you are certifying that you are the exclusive author and owner of that content (and that our use will not infringe or violate the rights of any third party, including privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights) and you agree that you waive any moral rights relating to that content (including the right to be identified as the author). We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights or of their right to privacy or any other law.
7. CANCELLING YOUR MEMBERSHIP AND CUSTOMER COMPLAINT HANDLING
A. TERM AND TERMINATION
Your subscription will be automatically extended for successive renewal period of the same duration as the subscription term originally selected, at the then current non-promotional subscription rate in accordance with the Automatic Renewal Billing process explained in these terms.
Please note that you must terminate your subscription prior to the end of the subscription period for which you have paid to avoid being charged for the next subscription period. To change or terminate your subscription at any time, please contact us via either chat, email or telephone. Either you, or us, may terminate your user account at any time and for any reason by sending notice to the other.
We reserve the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion.
Any notices from you addressed to the Website and/or in the name of 123whatcharge.com for anything not related to membership management or technical support should, unless otherwise specified in these Terms and Conditions be send via registered mail to the companies address;
Registration # 12141655
29 Cooper Road, London, NW10 1BG
B. YOUR RIGHTS TO CANCEL AT ANY TIME
You may cancel your registration or subscription at any time by giving us notice of your wish to cancel by telephone or email:
email: [email protected]
When emailing us you must include your profile information (screenname and email address) in order that we can verify that you are in fact the account holder authorised to amend the account.
Please be aware that any notice of intention to cancel shall take effect upon receipt by us. It is a breach of these terms and conditions to provide your account details to any other person or third party company. Therefore, only cancellations requested by you as a genuine user of the Services will be effective. A cancellation initiated by any other party or entity, will not be considered a valid cancellation and you will continue to be charged.
C. OUR CUSTOMER COMPLAINT POLICY
email: [email protected]
When emailing us you must include your profile information (screenname and email address) in order that we can verify that you are in fact the account holder authorised to amend the account.
8. LEGAL DISCLAIMERS, WARRANTIES & INDEMNITIES
A. DISCLAIMER OF WARRANTIES
This section will apply to the maximum extent permitted by applicable law.
We do not make or grant (and hereby exclude) any warranties, representations, conditions or terms of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
We do not warrant that your use of the Services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Services will be corrected. We disclaim liability for, and no warranty, representation, condition or other term is made with respect to, the connectivity and availability of the Services. The site and our services are provided on an "as is" and "as available" basis. You are responsible for making all the necessary arrangements to ensure you can access the site (including Internet provider and mobile Internet provider fees and, any other charges associated with that access). We will not be held responsible for any reduced functionality you may encounter because of or in connection with accessing the site through mobile services or any similar service currently known or developed in the future.
You assume the entire risk for satisfactory quality, performance, accuracy, and effort. We make no warranty that the Website or any content will meet your needs or requirements. We disclaim all warranties—express, statutory, or implied—including warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to the Website will be uninterrupted, error-free, or that content loss will not occur. There are no warranties of any kind that extend beyond the face of these terms or that arise because of course of performance, course of dealing, or usage of trade. The Website may contain errors, omissions, inaccuracies, or outdated information. We cannot guarantee and do not promise any specific results from use of the Website or its services. We do not warrant the reliability of any statement or other information displayed or distributed through the Website. We reserve the right to correct any errors or omissions in any portion of the Website.
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) warrant or guarantee the accuracy, completeness or usefulness of any information provided on the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Services, provided through the Services, or transmitted to or by any Guests, Free Members or Members.
B. LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event will we be liable for any direct, indirect or consequential loss or damage arising out of or relating, directly or indirectly, to the use or inability to use the Services, including, without limitation, loss of income or revenue, loss of corruption of data or programs, loss of goodwill and loss of anticipated savings, even if we know or have been advised of the possibility of such loss arising.
To the maximum extent permitted by applicable law, in no event will we be liable for any claims, losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other claims, losses or damages resulting from communications or meetings with other users of the Services. This includes and is not limited to any claims, losses or damages arising from the conduct of members who have registered under false pretences or who attempt to defraud or harm you.
We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right.
D. LINKS TO OTHER THIRD PARTY SITES
Where any of our sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
9. ENTIRE AGREEMENT, GOVERNING LAW AND CLASS ACTION WAIVER
A. ENTIRE AGREEMENT
B. JURISDICTION AND APPLICABLE LAW
C. CLASS ACTION WAIVER
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.