These Terms and Conditions apply to the entire contents of the present website accessible to Members, as defined below, or to certain Member categories on the internet, on your mobile phone or through a mobile phone application. Certain functionalities of Specialized Services, as defined below, are accessible to Members free of charge and others with a subscription only.
If you are a Member, please note the legal entity you are entering into a contract with is: “Alofa ”
These Terms and Conditions are binding documents, which govern your use of our services and our provision of these services to you. You are advised to read these terms and conditions carefully; this will help ensure that they contain everything you require and that there is nothing within them that you are not prepared to agree to. If they contain anything that you are not willing to agree with then your only course of redress is not to use any of the services offered by any of our brands.
Article 1. Definitions and Interpretations
The following terms shall have the following meanings in these Terms and Conditions:
“Agreement” refers to a Member’s acceptance of these Terms and Conditions.
“Admin Area” refers to one to your personalized area accessible you.
“Member(s)” refers to any or all valid registered users of our Service, whether or not they access Paid Services (hereinafter “you”, “your” or “Member”).
“Member Content” refers to the information contained in the Member’s profile, created by the Member and displayed on any of our Site(s) from time to time.
“Paid Services” refers to all Services offered by the Sites accessible, at rates quoted, to Members with a valid Subscription.
“Service(s)” refers to the entirety of the services, whether paid or unpaid, available to Members, provided by Alofa
“Site(s)” refers to the internet sites of Alofa and the other companies linked to Alofa through a direct relationship between Alofa and those sites.
“Subscription” refers to a fixed rate contract giving unlimited access to our paid Services, as required, for a limited period specified for the particular subscription, which automatically renews after the purchased period where the subscription has been purchased using a bank card or any other method of payment listed on our website and allowing continuing debits to be made.
The terms “us”, “we” and “our” refer to all brands owned and operated by Alofa for the purposes of this Agreement.
Article 2. Registration
To become a Member of any of our Sites you must be at least eighteen (18) years old.
You must complete all of the fields on the registration form(s) and satisfy all the requirements for registration or access to the Services concerned.
You should not have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment. You are advised that a breach of this clause constitutes a serious breach of this Agreement.
Should you wish to register someone other than yourself for our Services you must have obtained the prior consent of this third party in order for us to process their data and provide the Service to them either directly or via yourself.
Article 3. Your right to cancel under The Consumer Contracts Regulations 2013
This section applies to you if you are a “consumer” as defined under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
You have the right to cancel your contract for the Services within fourteen days from the date of placing your initial order for a Subscription (“Cancellation Period”), by using the contact form. If you cancel your contract for the Services during the Cancellation Period, we shall reimburse you for all payments received from you.
All reimbursements shall be made to you within fourteen days and using the same means of payment you used for the initial transactions, unless you have expressly agreed otherwise.
Cancellation rights under this Article only apply to your initial order for a Subscription and do not apply to Subscription renewals.
In agreeing to these Terms and Conditions, you expressly request that we provide you with the Services immediately and within the fourteen-day statutory Cancellation Period.
Article 4. Use of the Services
Once you have registered and, where applicable, completed your Subscription form, you will have access to the Services in accordance with the type of Subscription purchased.
You will have access your own admin area, where your Member profile can be made visible to other Members and you will be able to contact the Members of the site whose profiles are accessible, subject to the restrictions put in place by those Members.
Password(s) and any other information used to identify a Member are strictly private and confidential and must not be passed on or shared with any third parties.
To access the Services, you will need a computer, laptop and/or smart mobile phone. It is your responsibility to ensure that you have (and continue to have) access to one of these devices including the cost of using these devices.
We may deactivate accounts of Members who have not used the Services for six months or more and for whom no Subscription remains valid. In the case of paying Members, this six-month period begins on the date that the last Subscription expired.
Article 5. Your Safety and Security
It is important that you understand that we cannot advise on or broker marriage or long-term relationships. The onus still remains on you to decide who is right for you; we just provide the options.
Furthermore, we do not have a contractual obligation, moral or ethical responsibility or the technical means to:
- verify the identity of persons who register as Members or use our Services
- verify or monitor Member Content (although we do reserve the right to monitor Member Content if we consider it appropriate to do so)
As a Member, you are advised 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.
As a Member, you at all times remain solely responsible (and liable) for the use of your identification information by third parties or for the actions or statements made through your Member’s account, whether these be fraudulent or not.
When arranging to meet another person through use of the Services, we recommend you take appropriate precautions and read the safety guidelines here. Any such meetings are at your own risk and are not our responsibility.
You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind. For the avoidance of all doubt, we shall not be liable if your identity is used by someone else.
If you feel or suspect that there has been a breach (of any kind) of your account and/or the information displayed on your profile, then you must immediately notify us. Furthermore, you should also amend your password.
Article 6. Member Obligation
As a Member, you agree not to:
- breach any applicable law, regulation or code of conduct through use of the Services
- send any aggressive or threatening messages to any other Member either via the site or via any other form of communication
- be aggressive, threatening or harmful in any way towards other Members when meeting in person
- broadcast or publish in any form whatsoever Member Content, comments or any other content that infringes the rights of others or that is defamatory, injurious, obscene, offensive, violent or can/does incite violence, or is in any way, shape or form racist or xenophobic
- make any comment (whether in writing or verbally) that is contrary to the purpose of any of our sites’ current rules and laws in force or to acceptable norms and standards
- upload photographs, videos or any other information in terms of data or files supplied by a Member that are indecent
- upload photographs, videos or any other information in terms of data or files supplied that do not refer exclusively to the Member or to a third party from whom the Member has expressly obtained consent and are the sole responsibility of the Member concerned
- provide email addresses to us of other persons or publish or send any Member Content referring to other persons without having obtained their prior consent
- reveal through the Services any information that enables the Member to be personally identified or contacted by means other than through the Services, including last name, postal address, email address or telephone number
- use the Services for junk mail, spam, or pyramid or fraudulent schemes
Article 7. Member Content
For the avoidance of all doubt, it is your responsibility to decide which information to publish or send as Member Content. Alofa cannot be held liable for any misuse thereof by any other Member or third party.
The information supplied by a Member must be accurate and conform to reality. The consequences of disclosing information on the life of the Member or of other Members are the sole responsibility of the Member concerned.
Consequently, he/she waives all recourse against Alofa , notably on the basis of any possible damage to the Member’s right to his/her image, the Member’s honour and reputation, or the Member’s privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by this Agreement since the Member has given his/her prior, free and express consent to such revelation through his/her Registration with the Service and in application of this Agreement.
We reserve the right not to accept or to suspend or remove from our Services all or part of any profile, personal ad or any other Member Content for any reason we deem fit. We also reserve the right to terminate any Member account for any reason we deem fit.
We are not liable for Member Content or other activities of Members which may breach the rights of other Members or third parties.
Members are urged to notify us of inappropriate Member Content. You acknowledge that such notification may take place and that we may take steps outlined in this Agreement in respect of such information which comes to our attention.
We reserve the right to irretrievably delete messages and other Member Content after any period of time if we exercise any right of termination under this Agreement.
Article 8. Payment Terms
The use of the Paid Services assumes that the Member has a Subscription. Members can acquire a Subscription either by using a credit card (on the internet or by telephone), or by other payment methods proposed by the Sites. Subscriptions can be purchased via the Sites or the mobile phone application.
The prices and the terms of payment for the different Paid Services are displayed at all times on the Sites, including at the point when the Member chooses to make a purchase.
The activation of a Subscription on a Member’s account occurs as soon as, or a few moments after, a valid transaction has been completed (successful online transaction).
The Member can contact the Sites at any time to cancel their Subscription. The cancellation will take effect from the expiry date given for the active Subscription, in accordance with Article 9, ‘Termination’, below.
All Subscriptions will be automatically renewed unless the Member notifies us of their wish to terminate their Subscription at least 48 hours before the Subscription’s expiration date. The renewal shall be performed in accordance with the manner of payment originally chosen by the Member, at the price rate of the Subscription to which the Member originally agreed. For the avoidance of all doubt, Members can avoid having their Subscription auto-renewed if they contact us at least 48 hours before their Subscription expiration date to terminate their Subscription. Please note that suspending your account does not automatically cancel the automatic renewal of your Subscription. If you plan to keep your account suspended for an extended period of time and you have an active Subscription, you should first make sure that automatic renewal is cancelled.
Article 9. Termination
A Member may at any time and without the need to provide any reason end his/her Registration with us by requesting the closure of his/her account in the area of the Sites designated for such purposes. Such request shall be deemed effective from the first working day after receipt by us of the request for closure of the account concerned. Such a request does not trigger reimbursement of, if appropriate, any time remaining on the Member’s Subscription.
Termination of a Subscription, by a Member, shall be effective on the applicable Subscription’s expiration date provided the Member has contacted us at least 48 hours before their Subscription expiration date, otherwise it will automatically renew.
This Article does not apply to reimbursement when cancelling an initial order under Article 3.
Without prejudice to the other provisions hereof, where the Member commits a serious breach of this Agreement, we will terminate the Member’s account without prior notification or warning. Such termination shall have the same effects as a termination by the Member.
Without prejudice to the other provisions hereof, where the Member commits a breach of this Agreement, we will terminate the Member’s account seven (7) days after having sent to the Member an email requesting unsuccessfully that he or she comply with this Agreement.
Without prejudice to the other provisions hereof, where we receive reports of a breach of this Agreement, including unacceptable conduct when meeting offline, in person, we may react to such reports and terminate a Member’s account with immediate effect.
Such termination shall take effect without prejudice to any damages that we might claim from the Member or his/her beneficiaries and legal representatives, in compensation of the harm suffered as a result of such breaches.
The Member will be informed by email of the termination, or the confirmation of the termination, of his/her account. Data relating to the Member will be destroyed at his/her request or upon expiration of the legal time period following the termination of the Member’s account.
Article 10. Personal privacy and protection of Member data
Article 11. Intellectual Property
The trademarks (including but not limited to those of the Sites), logos, graphics, photographs, animations, videos and texts featured on the Sites and in our provision of the Services are the intellectual property of Alofa , and may not be reproduced, used or represented without the express permission of Alofa , under threat of legal action.
The rights of use granted by ourselves to the Member are strictly limited to accessing, downloading, printing and reproduction on all media (hard disk, floppy disk, CD-ROM, etc.) and the use of these documents for private and personal purposes in the scope of, and for the duration of, the Member’s membership. Any other use by the Member is prohibited without the express authorization of Alofa
In particular, the Member is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever, the Services, or elements comprising any part of the Services, from any of the Sites’ web-pages, software or code.
Article 12. Liabilities and Warranties
This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to us. Nothing in this Agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited (including that which may not be excluded or limited pursuant to the Data Protection Act 1998).
You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.
We shall not be liable for any damage to a Member caused or contributed to by that Member, for example by not complying with this Agreement.
Our liability of any kind (including our own negligence) with respect to the Services for any one event or series of related events is limited to five times the total fees payable by you in the twelve months before the event(s) complained of or the sum of £1,000, whichever is higher.
Subject to the foregoing, in no event (including our own negligence) will we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings)
- loss of goodwill or reputation
- special, indirect or consequential losses
- damage to or loss of data (even if we have been advised of the possibility of such losses)
Article 12. Indemnity
You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third-party claims and liabilities related to your breach of this Agreement and/or to your use of the Services.
Article 13. Functioning of the Sites and Services
The Member must have the skills, hardware and software required to use the internet or, as appropriate, internet, telephone and Audiotel Services, and acknowledges that the characteristics and constraints of the internet mean that the security, availability and integrity of internet data transmissions cannot be guaranteed.
We do not guarantee that the Services will function if the Member activates a pop-up killing tool. In this case, the function should be deactivated before using the Service.
We do not guarantee that the Services will be usable if the Member’s Internet Service Provider (“ISP”) is unable to provide its services properly. In this context, we cannot be held responsible for the non-functioning, unavailability or adverse conditions of usage of the website resulting from incorrect hardware, problems experienced by the Member’s ISP or blockages on the internet networks or for all other reasons outside our sphere of influence. Moreover, due amongst other things to the specifics of their internet browser, Members connecting through AOL may encounter problems making our sites function properly. Furthermore, mobile phone applications are only available to our Members in possession of the smartphone handset and internet access is required.
Under these conditions, we do not guarantee that the Services shall function without interruption or error. In particular, the use of our Sites may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, we shall inform Members prior to maintenance work or updates.
Article 14. Third party websites
We or third parties may provide links on our Sites to third party websites. You use them at your own risk. We do not review, recommend or endorse such third-party websites, nor are we responsible for their content or any goods or services offered thereon. If in the course of performing a search on our Sites you encounter any third-party website the use of which would violate applicable law, you must immediately refrain from and/or cease use of such website.
Article 15. Entire Agreement
This Agreement and the pages on the Sites to which these terms refer, constitute a contract that governs the relationship between the Member and Alofa. They cancel and replace any Agreement that may have been made in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of our Members.
If any of the provisions of these Terms and Conditions is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect. Furthermore, failure by a party to take action in respect of the breach by the other party of any provisions of these Terms and Conditions, shall not be interpreted as constituting a waiver by said first party of the right to take action in future in respect of such a breach.
Article 16. Amendments
We may modify these Terms and Conditions at any time. The Member will be informed of the nature of these modifications as soon as they are posted on the Sites. The modifications shall take effect one month after their posting on the Sites. For Members registered after any modifications have been put online, these modifications shall be immediately applicable, as the Member will have expressly accepted them when the account was opened.
Article 17. Jurisdiction and Applicable Law
This Agreement shall be governed by the law of England and Wales.