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Smwch Terms & Conditions
TERMS & CONDITIONS APPLICABLE TO MEMBERS AND OTHER USERS OF THIS WEBSITE
1. DEFINITIONS This agreement is written and governed by the Laws of England and Wales and may from time to time be amended and or updated from time to time as necessary. SMWCH is a company registered in England and Wales (Registration no: PZ8659167). SMWCH On Line Dating; SMWCH Speed Dating and SMWCH one-too-one are trading names of SMWCH.
By registering online with SMWCH you agree to the Terms and Conditions set out in this document. Visitors to the SMWCH Web Site also agree to be bound to these Terms and Conditions.
To register with SMWCH or to attend any of our events you must be at least 18 years of age.
Visitors can access the site and can only view featured profiles and members’ first name and membership number. Visitors will not be able to view photographs or send or retrieve messages to either full members or other visitors until they have become a member themselves.
SMWCH members are those who have successfully completed a profile. SMWCH members can view photographs and send messages to other members only. On receiving a message from another member you will been given the opportunity to become a FULL member. This entitles you to view photographs, send messages AND retrieve messages from other members. Before this commences you will be given a number of payment options.
When becoming a full member you may receive, from time to time, SMWCH News and Offers. You can unsubscribe to SMWCH News and Offers at any time by email via the website or by texting the message, ‘unsubscribe’ to SMWCH mobile number.
Members of SMWCH may send private email messages (that is, through the site system) to other Members.
In order to access the site you must have the relevant computer hardware and software.
To become a Member of SMWCH you will have to pay the monthly membership fee and upon acceptance of your fee by us you will become a full member and we will make the full range of member services available to you immediately. The Consumer Protection (Distance Selling) Regulations 2000 give you as a customer of SMWCH certain rights, however as our service to you will be instantaneous you will not have the right to cancel the Agreement, or to a refund of any fees during any cooling off period – this does not affect your statutory rights.
When you decide to become a Member of SMWCH you will be informed of the monthly membership fee. Full Membership is monthly; it will need to be renewed if you wish to continue benefiting from Full Membership. Alternatively, a continuous Full Membership will be automatically renewed monthly. You will be given the option to change between continuous and non-continuous Membership.
SMWCH will notify holders of continuous Memberships 7 days before renewal, and (if the Membership fee is going to increase) 28 days before as well. Each notification will include the date when renewal is to take place, and the Full Membership fee that will apply on renewal. If you do not wish to proceed with automatic renewal of your Full Membership, you will be able to prevent this by changing to a non-continuous Membership. Providing you do this 24 hours before the renewal time referred to in the renewal notice you receive from SMWCH. Should for any reason we are unable to collect continuous Membership fees using your chosen payment method (that is, Credit or Debit Card) your membership will lapse until such time that you are able to ensure.
SMWCH reserves the right to increase the Membership fee but will do so at least 28 days prior to any agreed changes.
When you register for Membership of SMWCH you agree to provide a current photograph of yourself and your correct details which may need to be verified by the SMWCH team for security and safety of other members. You agree to provide your real name and address and other relevant details. When you use a credit or debit card you agree that you are entitled to use that card legally and that there are sufficient sums of money available in the account. It is important that you give us your correct email address and we shall use a system to verify this prior to you first using the system as a Member.
The SMWCH Privacy Policy forms part of this agreement. By agreeing to this document (that is, by becoming a Member) you give SMWCH consent to post your photograph onto the internet and to place your profile on the SMWCH Dating Web Site which is also on the internet. Due to the nature of the product members throughout the world will be able to access your personal details.
SMWCH cannot be responsible for the behavior of members or visitors to our web site. Whether online, at our events, or at anytime or place thereof. We are unable to verify that members are genuine and that they have posted correct details about themselves. SMWCH provides a system where adult members may communicate with each other over a secure internet email system. It is therefore up to the individual adult members as to the personal details they communicate to each other. Should any reports of inappropriate or nuisance behavior be made to SMWCH we shall immediately suspend the membership of the culprit pending further investigation. SMWCH reserves the right to withdraw, amend, improve or modify the web content, systems and services which it offers Members from time to time. By using any improved services you agree to be further bound to these terms and conditions. Should you not agree to these amendments this will result in a breach of this agreement and we reserve the right to frustrate any contract that we may have entered into with you the Member.
SMWCH reserves the right to withdraw, amend, improve or modify aspects of the online dating system should we encounter technical or legal reasons to do so – these include breaches of security, privacy, data protection, conduct and the inability of us to access the internet for any technical reason. We will make every effort to ensure that technical breaches do not occur but it may be necessary to suspend services on rare occasions to modify and or update the site. At such time as much notice as possible will be given by SMWCH to its members. On the rare occasion of a serious security breach it may be necessary for us to provide our members with alternative login details and passwords.
SMWCH is a system for consenting adults, however we require all members to behave in a manner that is acceptable to all. Should any member behave in any way that makes another member feel threatened; intimidated; harassed; uncomfortable; unsafe or insulted we reserve the right to suspend or terminate membership and remove their profile and all membership rights and privileges immediately. Should we consider that the behavior warrants it we reserve the right to report any such behavior to the Police or other relevant authorities along with information that we have in order to assist them identify the member responsible. Despite our best efforts it is impossible to prevent suspended or terminated members from rejoining or re-registering using a separate identity – however we will take all reasonable steps to prevent this from occurring.
SMWCH is designed for like-minded adults to meet, it is not designed for others to use it as a means to advertise or seek trade or business or exploit others. Any such attempts will be viewed as a breach of these conditions and membership will be immediately terminated.
The SMWCH membership fee will be communicated to you upon joining, any increase in that fee will be communicated to you in good time in order for you to decide whether to continue or terminate your membership. No fees paid by a member will be rebated or refunded unless SMWCH are forced to withdraw the services they offer. The full monthly fee will be refunded pro-rata from the last day of service received until the next renewal date. Occasionally we may offer additional services through any of our trading partners for which an additional fee may be payable.
As a member you will indemnify SMWCH that any photograph that you provide for posting onto the site is your own property and it is of you and that it is not copyrighted in anyway. You also confirm that the photograph or other image you provide is not prohibited by any law in any country from which persons have access to this site from. The member further agrees that any photograph published is not obscene; criminal; pornographic; false; or offensive to others. Any such material will be immediately referred to the Police. Should any member come across such images then they are requested to inform the SMWCH Web Master as soon as possible who will immediately suspend the membership of the offending member pending further investigation. We reserve the right to withdraw, suspend, delete any such offending material that is brought to our attention. SMWCH will make every effort to monitor the site and the date posted onto it however it may not be possible for us to monitor each photograph and every profile submitted to SMWCH and request that members bring any such instances to our immediate attention.
SMWCH has no control over the information posted onto its sites by its members. Therefore members are reminded to check the accuracy and details of their own information and that information that has been posted by members with whom you may wish to communicate or meet. Adults may well provide untruthful or illegal information about themselves it is therefore up to the individual members to accept the accuracy of information or details given to them by other members. Should there be any blatant breaches of honesty SMWCH reserves the right to suspend and or terminate the offending party’s membership.
SMWCH MEMBERS USE THE SITE AT THEIR OWN RISK
By purchasing membership you release SMWCH from all liability relating out of the use of the site and of any contact from other members of the site and from disputes arising there from.
The SMWCH logo and name are registered trademarks of SMWCH. The information held on the site remains the property of SMWCH and you agree not to copy or imitate the site or the information held on it in any way.
SMWCH will not be liable for any loss that you or any third party may incur or which may have not been reasonably foreseen by us, from the date of the commencement of the agreement for any indirect or consequential loss or damage, or for the loss of any data, income, revenue, business or other associated losses. SMWCH will not be liable for not being able to undertake its obligations within the terms of this agreement caused by matters to which it has no control. The maximum liability of SMWCH under this agreement will be set at three times the monthly membership rate as set at the amount paid by the member at the commencement of the agreement. However this does not affect SMWCH’s liability for death or personal injury resulting from its negligence, or any other liability which may not by law be excluded. Consequently you agree to indemnify SMWCH against all claims, liabilities and expenses which may arise from any breach of agreement by you or through any electronic equipment from which you access our services.
SMWCH reserves the right to assign this agreement and or to subcontract the whole or any part of its rights or obligations. This agreement includes our Privacy Policy. This agreement including the Privacy Policy contains the whole of the agreement between SMWCH and you the member regarding the SMWCH Online Dating Service. This agreement replaces any previous agreement that may have been in force.
SMWCH reserves the right to amend, improve or change the agreement that it has with its Members. If and when the terms and conditions are amended, improved or changed Members will be informed by email to the address that they gave upon registration and a full copy of the new agreement posted on the SMWCH web site. Should you not agree to these changes then you will be able to sever your membership at the next renewal date without penalty.
Should any term in this contract be deemed illegal and or unenforceable by judicial decree the reminder of the agreement shall continue to be valid and enforceable.
You are advised to keep a copy of this agreement by printing a copy of it off your computer.
You may contact us at anytime at enquiries@smwch.com or you may write to us by post to: SMWCH, PO Box 4120, CARDIFF, CF14 2WN
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