Welcome to https://www.dev.eaimee.com/. By using the Website, you agree to be bound by these Terms and Conditions; any use of our service by you and our provision of the service to you are bound by these Terms and Conditions. Given this, please be sure to read carefully and make sure you understand the Terms and Conditions prior to registering with our website. This will help ensure that they contain everything you want and that there is nothing within them that you are not prepared to agree to. If you do not agree to these Terms and Conditions, please do not use any services offered by the Website. All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and contents belongs to eaimee (or is licensed to eaimee). This Content includes, but is not limited to, the design, look and feel and arrangement of it. The logo is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy or reproduce or distribute this logo in any way without eaimee’ prior written permission.
1. Scope of service
- eaimee operates an Internet online dating and matchmaking system, and provides customers with both free and paid services. The customer receives access to the eaimee database that contains profiles and information about other members.
- All customers can register for free, take a basic personality test, answers matchmaking questionnaires, create a profile and receive 3 individual partner suggestions with the “basic membership”.
- Basic accounts still have the option to subscribe for “paid membership” after completing registration. Prior to taking out a subscription, members are informed about all Terms and Conditions regarding the payment (price, membership type and duration.)
- eaimee is entitled to engage third party service providers and agents for the whole spectrum of the eaimee service. However, this should not negatively impact the customer.
- eaimee cannot guarantee successful communication with other members. eaimee is not responsible if, during the contract period, no contact is made. However, this does not apply if, as part of a paid membership, a ‘Contact Guarantee’ is agreed. If a “Contact Guarantee” is agreed, the following special conditions apply: with a 6 month contract a minimum of 15, and with a 12 month contract a minimum of 30 contacts are guaranteed. A “Contact” is defined as: (i) a self-written message from another member that you receive in response to sending a wink, questions or a message, (ii) any message you write yourself in response to a ‘wink or questions or a message from another user. Further prerequisites for a claim under warranty are: that you need to have sent at least 5 self-formulated messages for a six-month membership, and at least 12 for a twelve-month membership; that the “My Profile” and “My Search” sections have been completely filled; that you have set at least one profile picture; that you still have an active paid account; that you have regularly logged on to your account; and that you notify firstname.lastname@example.org via email within the standard notice period (at least 7 working days prior to the expiry of your account) about the failure to meet the conditions of the agreed “Contact Guarantee”. If a judgment is made in your favour, under warranty you will be entitled to a new subscription of an equal length to your original contract at no additional cost.
- eaimee will block or remove from its site any offensive or incorrect communication or information, and any communication or information which it reasonably suspects infringes any applicable laws, regulations or third party rights (such as material that is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party intellectual property rights) that becomes known to it; but eaimee has no obligation to customers, and undertakes no responsibility, to review any communication or information provided by customers for incorporation into the eaimee service.
- eaimee ensures service availability for 99.7% of the calendar year. This does not include failures of the service, for example for essential maintenance or technical failures of the Internet.
- Our database of eligible singles is comprised of students and individuals age between 18-50 from England, Northern Ireland, Scotland and Wales. If you want to avoid matches with singles from outside your area, please set your city preferences to the strictest settings possible.
- In order for customers to access eaimee services they must register. For the registration the customer requires a valid e-mail address or a Facebook account and a self-chosen password.
- Customers must be at least 18 years of age to register.
- Customers must have a permanent address in the country of access to register. We cannot guarantee full functionality outside of our covered areas.
- Once an email address and password are entered into our website, registration is considered complete. The registered user then enters into a contractual relationship with eaimee for a free membership. This is governed by the provisions set out in these terms and conditions.
- After registration, the customer receives a notification via e-mail confirming the contract for the free membership.
- An order for paid membership is confirmed once the registered customer clicks the final payment button “Purchase (via secure server)”, after entering their payment information. This customer then enters into another contractual relationship with eaimee, in addition to the free membership.
- The registration/order process allows customers to check and amend any errors before submitting their registration form or order to eaimee.
- The customer will be informed before the conclusion of a fee-based contract about the features of each chargeable service, prices and payment terms.
- The contract for the paid membership comes into effect with the sending of the order confirmation e-mail sent by eaimee.
- In the confirmation e-mail the customer is sent an electronic copy of the contract data (membership information), as well as the time of registration and applicable terms and conditions for their own records. The customer therefore has the opportunity to save or print the contract data as well as the terms and conditions. The contract information is also stored by us.
- If the customer does not pay any amount due under the contract, eaimee is entitled to suspend the customer’s access temporarily until the outstanding payment is received or to terminate the contract. The contract period shall remain unaffected by the temporary closure.
- Any technical related issues with the website should be reported to email: email@example.com
- For general enquiries email: firstname.lastname@example.org
3. Terms of Payment
- The following payment methods are accepted: credit card, debit cards or payment via PayPal.
- The invoice amount for the chosen timeframe is paid to eaimee without any deductions, whether the payment is made in one lump sum payment, or via the monthly instalment plan.
- If the customer purchased their subscription via the monthly instalment plan, the customer will be required to settle the outstanding amount, and the remaining subscription fee in full, if two consecutive payments are not successful.
- With the completion of the paid membership duration (the reaching of the end date of a paid subscription) and the disclosure of payment details, the customer grants eaimee permission to process payment.
4. Data Use, Data Sharing and Data Forwarding
- eaimee takes care to respect the legal data protection regulations, in particular the EU Data Protection Directive 95/46/EC.
5. Cancellation, Automatic Renewal, Termination
- The cancellation of the free membership (deleting the profile) is possible at any time. To do this click on the “Settings” tab under “My Profile.”
- Every contract for the paid membership is automatically extended at the end of the contractually agreed period for the same duration as agreed for the original subscription if the customer does not give notice to cancel his/her contract at least 7 days before the expiry of the agreed term.
- The termination of the paid membership is only effective if the notice of termination or cancellation has been made in writing (e.g. letter, or email). For the written notice we ask you to specify your eaimee email address or your security code, so that we can uniquely authenticate your claim and protect against possible abuse. The written notice should be sent to: Email: email@example.com. After termination of the paid membership, the status of the customer is automatically changed to free membership with the resulting limited scope of use.
- Both parties retain the right to terminate paid and unpaid membership if an Event Outside Our Control takes place. An Event Outside Our Control means any act or event beyond our reasonable control, [including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks]. eaimee will not be liable for any failure to perform or delay in performance of, any of its obligations under these Terms and Conditions that is caused by an Event Outside Our Control.
- Once eaimee has begun to provide the services, either party may terminate the contract with immediate effect by giving written notice to the other party (in the manner specified in paragraph 3 above where the customer is the terminating party) if the contract is broken in a material way and the offending party does not fix or correct the situation within 14 days of the innocent party asking the offending party to fix or correct the situation in writing. 6 The right of termination provided for in this section 5 is in addition to that provided for under the Cancellation Policy set out at the end of these Terms and Conditions
6. Liability of eaimee
- If eaimee fails to comply with these terms and conditions, eaimee is responsible for loss or damage the customer suffers that is a foreseeable result of its breach of these Terms and Conditions or its negligence, but eaimee is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of eaimee’s breach or if they were contemplated by the member and eaimee at the time the parties entered into the contract. 2 eaimee does not exclude or limit in any way its liability for:
- Death or personal injury caused by eaimee’s negligence; ii) fraud or fraudulent misrepresentation; iii) any other liability which cannot be limited or excluded by applicable law. 3 The foregoing limitation of liability shall apply to all officers, employees and agents of eaimee.
7. Members Responsibilities and Obligations – Prohibited Behaviour and Practices
- The member is alone responsible for the content of their application and therefore for the information he/she provides about himself/herself.
- We advised all members not to assume that any Member Content is accurate. A person may not be who he or she claims to be. You should at all times exercise the same caution you would normally when you meet people. We cannot be liable for false or misleading statements by Members
- When arranging to meet another person through use of the Services, you must take appropriate precautions and follow the safety guidelines in our eaimee Safe Dating Advice Section . Any such meetings are at your own risk and are not our responsibility.
- The member assures that the data given are true and describe him/her personally. Both parties agree that eaimee has the right, but not the obligation, to verify the accuracy of the data if necessary.
- To ensure the integrity of the contact mediation services, the customer acknowledges that he/she use the service of eaimee with the intention of seeking a partner for a serious relationship and is not in a relationship at the time of registration.
- The member assures that he/she does not pursue commercial and/or business purposes in connection with their membership. She/he agrees not to use the contact portal for commercial or business purposes .
- The member assures that in the context of offers and services from eaimee he/she will not use any photographs, text, software or any other copyrighted information without having the necessary rights or consents for them.
- The member complies with all applicable laws for registration and use of the contact portal.
- The member may in particular under no circumstances:
- make personal information, such as names, telephone and fax numbers, residential and e-mail addresses, photo-/video data and / or URLs known to third parties without the consent of its respective owner; • distribute defamatory, offensive, or otherwise unlawful material or such information;
- threaten or harass other people, or harm the rights (including personality rights) of any third party; • upload data containing a virus (infected software);
- use the service in a way which affects the availability of offers for other customers adversely, especially to write proprietary profile information in a language other than English;
- intentionally declare the data of third parties (including email address) as their own. In particular, he/she must not provide the bank account or credit card information of third parties;
- intercept e-mails or try to intercept them;
- to carry out advertising for other contact portals;
- send chain letters;
- to name in the personal description (profile) names, addresses, telephone or fax numbers, e-mail addresses, user names, or other contact data from messenger services or other Internet services;
- to give logins and personal passwords to third parties or share those with third parties;
- An inadmissible commercial or business use in the sense of this provision is in particular:
- the provision of goods or services in return for payment of any kind, the solicitation of making an offer, or a reference to an attainable offer elsewhere; the usage of commercial internet sites for advertising, particularly those sites that offer chargeable goods or services that are used for displaying or advertising companies or for advertising other commercial web sites. This is especially true for advertising in the form of pop-ups, banner ads or flashy or particularly highlighted links;
- linking (directly or indirectly) to the contact portal of another operator;
- the naming of value-added service numbers (in particular 0900 numbers) or value-added SMS numbers (premium SMS) under this contact portal;
- the contact for the purpose of subsequent profit, especially by subsequent reference to value-added SMS or 0900 numbers;
- the search for employees, models, etc. for agencies or for chargeable service providers;
- the business of collecting profile data that is accessible within the contact portal or asking about data (e.g. telephone-/mobile number) of other customers, e.g. for the purpose of commercial exploitation, or promotion or resale;
- to make advertising to other clients of the service or to other customers in any form for business offers and the sending of messages that serve a business purpose. This relates in particular to the setting of relevant links in the data profiles or sending messages with the internal communication systems.
- If the member breaches any of the obligations listed in this section 7, eaimee can be entitled to require compensation for any resulting damage or expenses. This does not apply if the user did not know he or she was committing a breach of section 7 and was not reckless in the sense of not caring whether or not he or she was committing a breach of section 7.
8. Blocking Members
- eaimee is entitled, in the case of a complaint from a third party, and on suspicion of a violation or breach of these terms and conditions, to delete the member’s content, which triggered this suspicion or complaint. The complaint itself, however, does not serve as justifiable grounds for eaimee to terminate the member’s contract. For termination of the contract, a breach of the conditions specified in these Terms and Conditions has to be identified.
- If a warning is deemed reasonable by eaimee, eaimee must give the customer the opportunity to eliminate the suspicion or to remedy the situation before blocking or removing the content. If a warning is not reasonable, for example, because the blocking or removal is needed to prevent a possible damage to eaimee or another customer, eaimee will inform the customer immediately afterwards about the blocking or removal and then give them the opportunity to comment and request help.
- eaimee can always delete the content or keep the profile blocked when aimee is requested to do so by a court or by state authorities, or if the contract is terminated in accordance with these Terms and Conditions. The same applies if the cancellation or revocation is necessary to prevent an imminent harm to eaimee or another customer.
- The customer’s obligation to pay the contractually agreed remuneration as part of a paid membership remains unaffected by the blocking of content. If the customer’s access to the paid membership was blocked and the closure in hindsight proves to be unwarranted, the duration of the paid membership will be extended accordingly.
9. Cancellation Policy
- Right of Withdrawal: You have the right to cancel this contract within 5 days from the date the contract begins. To exercise your right of withdrawal you must notify us via E-mail: firstname.lastname@example.org or using the form provided in contact page. The withdrawal notification must contain a clear statement of your decision to withdraw from the contract. Once we have received your withdrawal request, we will send you confirmation via e-mail. In order to ensure that the withdrawal notification is received within the correct time frame, please ensure that all documentation is sent and received within the 5 days withdrawal period directly following the initiation of your contract.
- Effects of Withdrawal: If you withdraw from this contract 2 days of paid membership, we will refund payments that we have received from you. Reimbursement of your membership fees will be affected without delay and at the latest within 14 days from the date on which the notice is received through your cancellation of this contract with us. For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise. You will be charged fees for this repayment. If you have begun to use our service during the withdrawal period, you have to reimburse us a reasonable amount based on the amount of use up to the date on which you notified us of your withdrawal in respect of this contract.
- Cancellation and Consequences: After the initial 5 days of your first subscription, your Right of Withdrawal expires. You will then be able to stop the renewal of your current contract by using your option of cancellation. After cancellation of the paid membership, your status is automatically changed to a free membership with the resulting limited scope of use. Early cancellation does not entitle you to any reimbursement or refund for the remaining duration of the contract, and you are still liable for any outstanding payment due for the originally agreed subscription term.
(This email should be used only if you wish to withdraw or cancel from the contract)
I hereby give notice that I want to have right of withdrawal in connection with my purchase agreement for the provision of the following services
Date of birth