Terms of Use Agreement

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.presentpartners.uk (”our Service”), whether as a guest or a registered user, regardless of the type of subscription. Use of our Service includes accessing, browsing, or registering to use our Service.

Please read these terms of use carefully before you start to use our Service, as these will apply to your use of our Service. We recommend that you print a copy of this for future reference.

BY USING OUR SERVICE, YOU CONFIRM THAT YOU ACCEPT THESE TERMS OF USE AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE OUR SERVICE.

1. Applicable Terms

These terms of use refer to the following additional terms, which also apply to your use of our Service:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Service, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out information about the cookies on our Service.

Collectively these terms of use, the Privacy Policy and our Cookie Policy shall be known as “the Agreement”.

2. Information about us

The Service is operated by Present Partners Limited (“We”). We are registered in England and Wales under company number 09143417 and have our registered office at Spinneybank, St Nicholas Hill, Leatherhead, Surrey, UK, KT22 8NE.

3. Access to the Service

We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. Access to the Service is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Service without notice. We will not be liable to you if for any reason the Service is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Service. You are also responsible for ensuring that all persons who access the Service through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may alter, suspend, or discontinue any aspect of the Service at any time, including the availability of any data, features and/or content within the Service. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service and/or make charges for aspects of the Service.

4. User ID and Passwords

If you choose, or you are provided with account or log in details, a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at reportaconcern@presentpartners.com.

You certify that when asked to choose a username you will not choose a name which falsely represents you as somebody else or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, in our sole discretion, deem inappropriate. We reserve the right to cancel at any time the membership of any member who uses their selected username in breach of these terms of use or in any other way we, in our sole discretion, deem inappropriate. You are solely responsible for maintaining the confidentiality of your user name and password and you are fully and solely responsible for all activities that occur under your user name and password.

Unless we are under a legal duty or to comply with our Privacy Policy we will not release your password for security reasons. You agree to (a) immediately notify us of any unauthorised use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorised use of the Service until you notify us by email regarding that unauthorised use. Unauthorised access to the Service is illegal and a breach of these terms of use and the Agreement between us. You agree to indemnify us against any loss, damage, cost, fees or otherwise arising out of the activities conducted through your account.

5. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the Service, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off copies, and may download extracts, of any page(s) from the Service for your personal use but for the avoidance of doubt not for commercial use. If you want to create links to or share links to the Service you must seek our permission (email: contact@presentpartners.com).

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as owners or licensee’s of the intellectual property rights in the Service must always be acknowledged.

You must not use any part of the content on our Service for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy, download and/or create or share links to any part of our Service in breach of these terms of use, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made and/or take down any links which you have created or shared.

6. Adults Only

YOU CAN ONLY USE THIS SERVICE IF YOU ARE OVER 18 YEARS OF AGE.

By using or viewing the Service, you represent and warrant that you are aware that the Service is solely for individuals who are at least 18 years old or the age of adult majority in your jurisdiction, and are not prohibited by law from using the Service. You have been in recovery through a 12 step program for a minimum of a 12 month period or in individual counselling with agreement from your counsellor or therapist that you are ready to start dating.

7. No reliance on information

The content and information on the Service is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Service.

Although we make reasonable efforts to update the information on the Service, we make no representations, warranties or guarantees, whether express or implied, that the content on the Service is accurate, complete or up-to-date.

8. Limitation of Liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the Service or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, the Service; (b) use of or reliance on any content displayed on our Service. Please note that we only provide the Service for domestic and private use. You agree not to use the Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked to or recommended from our Service. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Notwithstanding the above, any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous six (6) months prior to such claim.

9. Acceptable Use of the Service

You may use our Service only for lawful purposes. You may not use our Service:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material, which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our Service, other than as expressly stated in these terms of use;
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our Service;
    • any equipment or network on which our Service is stored;
    • any software used in the provision of the Service; or
    • any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our Service, including, without limitation:

  • Profile;
  • Messaging services;
  • Favourites;
  • Blocking features;

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Service, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Service, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise or you can email reportabuse@presentpartners.com.

Content standards

These content standards apply to any and all material, which you contribute to our Service (”contributions”), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material, which is defamatory of any person.
  • Contain any material, which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these terms of use through your use of our Service. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with the Acceptable Use clauses in these terms of use, constitutes a material breach of these terms of use and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Service.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Acceptable Use clauses of these terms of use. The responses described in these clause are not limited, and we may take any other action we reasonably deem appropriate.

10. Code of Conduct

You agree to use the Service in accordance with the following code of conduct:

  • You will keep all content provided to you through the Service private and confidential and will not disclose such content to anyone without the permission of the person who provided it to you;
  • You will not use the Service to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising, or solicitation for goods or services or to forward chain letters.

11. Content and Data Posted By Members

By displaying or publishing (“posting”) any content on or through the Service, you hereby grant to us a non-exclusive, fully paid and royalty-free, and worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such content. You also authorise us to post any and all photographs uploaded by you throughout the Service.

12. Member Responsibilities & Background Checks

We do not currently conduct criminal background checks on our members. We do not enquire into the backgrounds of our members to verify any of the statements of its members, except for from time to time confirmation of a 12 step program or approval from a therapist to commence the dating process. Present Partners make no representations or warranties as to the conduct of members or their compatibility with any future or current members. Present Partners reserves the right to conduct a criminal background check or screening, such as registered sex offenders, at any time using public database records.

We will not be liable for any damages whatsoever, direct or indirect, compensatory, special, general, consequential, and/or incidental, relating to the conduct of you or anyone else in connection with the use of our service. This includes without limitations, emotional distress, bodily injury, and/or any other damages resulting from the meeting or communication with other members on our websites. You agree to take reasonable precautionary measures in all communications and interactions with other people on the Service. If you decide to meet someone face to face, offline of the website, you understand that Present Partners makes no guarantees, either express or implied, regarding your compatibility with those individuals from our Service. We advise that you should never provide any financial information such as bank account numbers or credit cards to other members.

13. No Warranty With Respect to Member Content

We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by any other user of the Service, including but not limited to, information regarding a member’s age, sexual orientation and/or marital status. Additionally, as users may discontinue or suspend their membership at any time, we cannot guarantee that individuals seen in various advertisements are currently active members. You hereby acknowledge and agree that we have no responsibilities or liabilities for any inaccuracies, intentional or unintentional, made by users or as a result of out of date information.

14. Use of Information on the Service and Uploading to the Service

You acknowledge and agree that:

  • We cannot ensure the security or privacy of information you provide through the Service including through email, messaging or otherwise; You hereby release the Service and Present Partners Limited from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties;
  • We are not responsible for, and cannot control, the use of any information, by anyone, that you provide to any other parties or the Service and you should use caution in selecting the personal information you provide to others through the Service;
  • We cannot and do not assume any responsibility for the content of any communication sent by any user on the Service or the content posted to any profile, and you release us from any and all liability in connection with the contents of any such communication you may receive from other users;
  • You acknowledge that you cannot bring legal action against us or any of our directors, shareholders, employees, officers, or agents for any damages of any kind, under any theory, as a consequence of using the Service; and
  • Whenever you make use of a feature that allows you to upload content to our Service, or to make contact with other users of our Service, you must comply with the Acceptable Use clauses of these terms of use.
  • You warrant that if any such contribution does not comply with those Acceptable Use standards, you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
  • We have the right to remove any posting you make on the Service if, in our opinion, your post does not comply with the content standards set out in the Acceptable Use clauses.
  • We have the right to use details of any success stories about members of the Service and testimonials provided by you, with your prior permission.
  • The views expressed by other users on our Service do not represent our views or values.
  • We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Service constitutes a violation of their intellectual property rights, or of their right to privacy or breaches any of the Acceptable Use clauses.
  • We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Service.

15. Monitoring of Content

We reserve the right, but have no obligation, to monitor any and all public and private postings and messages to ensure that they conform to the content guidelines and the Agreement, which are both subject to change from time to time. We also reserve the right, but have no obligation, to monitor any and all messages and chats that take place through the Service. We are not responsible for any offensive or obscene material(s) that may be transmitted or posted by any and all users (including unauthorized users, as well as the possibility of “hackers”). As noted above, we are also not responsible, under any circumstances, for the use of any personal information, by anyone, that you post or transmit through the Service.

16. Removal of Content

While we do not and cannot review every message or other material posted or sent through the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public or private postings and messages, that we, in our sole discretion, may deem to violate the Acceptable Use provisions set out above or to be otherwise unacceptable to us in our sole discretion. Notwithstanding our right to delete, move or edit messages or materials, you shall remain solely responsible for the content of your profile, public postings (i.e. status updates), messages and other materials you may upload to the Service or otherwise provide to users of the Service.

17. Viruses

We do not guarantee that our Service will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Service. You should use your own virus protection software.

You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Service, the server on which our Service is stored or any server, computer or database connected to our Service. You must not attack our Service via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately.

18. Linking to our Service

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Service in any website that is not owned by you.

Our Service must not be framed on any other site, nor may you create a link to any part of our Service other than the home page. We reserve the right to withdraw linking permission without notice.

The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use clauses. If you wish to make any use of content on our Service other than that set out above, please contact: contact@presentpartners.com.

19. Registration

You may become a member of the Service by completing an online registration form and by payment of the applicable subscription fee. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, including but not limited to, that you have been in recovery through a 12 step program for a minimum of 12 months or that you have been in individual therapy for at least six months, with approval from your therapist that you are ready for dating and that you are single, separated, and not already in a relationship (such information being the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform us of all changes to the Registration Data, including, but not limited to, changes in your marital status, email address and changes in your payment method information you used in connection with billing for the Service. If you provide any information that is untrue, inaccurate or incomplete, or which we or any of our authorised agents have reasonable grounds to suspect is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse your current or future use of the Service, as well as possibly subjecting you to criminal and civil liability.

20. Other Links

The Service may from time to time contain links to other sites and resources (“External Links”). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.

21. Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of the Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

22. No Warranties

Save as expressly stated in these terms of use, the Service is distributed on an “as is” basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us or by any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.

23. Present Partner Communications

We reserve the right to send electronic mail to you or communicating via messages posted through the Service for the purpose of informing you of changes or additions to the Service, or of any related products and services.

We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

24. Partner Profiles

We may, from time to time, also endeavour to enhance the user experience by providing certain individuals with free profiles and to promote member involvement and participation. Such communications are solely for the purpose of online communication and the individuals behind such profiles will never be encouraged nor in anyway rewarded for having any contact with any member outside of the Service.

25. Changes to these terms of use and the Service

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

We may update the Service from time to time, and may change the content at any time. However, please note that any of the content on our Service may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Service, or any content on it, will be free from errors or omissions.

26. Complaints

To resolve or report a complaint regarding the Service or members who use the Service users should send an email detailing such complaint to reportaconcern@presentpartners.com.

We will undertake to investigate and address the problem as expeditiously as reasonably possible.

27. Membership Fees

All membership prices are all inclusive and include any VAT or applicable sales taxes in the price. Please note that we do NOT use an automatic rebill cycle according to your selected payment option. When you purchase a one-month to the Service, unless you switch on automatic renewal (24) hours prior to its expiration, your subscription will automatically cancel. If you purchase a three month or longer subscription to the Service, unless you switch on automatic at least twenty-four (24) hours prior to its expiration, your subscription will automatically cancel. Membership fees to the Service are prominently displayed prior to your subscription thereto. You agree to pay all membership fees when due according to these billing terms. At the time of registration, you must select a payment method. We reserve the right to contract with one or more third parties to process all payments. Such third party may impose additional terms and conditions governing payment processing. Please note ‘your’ card issuer or bank agreement may contain additional terms with respect to your rights and liabilities. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services that we may provide, with or without prior notice to you, at any time.

28. Billing Errors

If you have any questions or complaints about billing including any billing errors, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of enquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.

29. Cancellation By User

You may cancel your subscription at any time by disabling your membership in your membership preferences. If you have switched on automatic renewal you must cancel your membership at least twenty-four (24) hours before your monthly anniversary date to avoid being charged for another month of membership. You hereby agree to be personally liable for any and all charges incurred by you until termination of subscription for goods or services through your use of the Service. In the event that you cancel your account no refund, including any subscription fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Upon our processing of your request to cancel your subscription, you will no longer have access to the non-public areas of the Service to which you were a member. Please note that cancelling your subscription may not cancel your membership to the Service and your profile may still be viewable by other members. Please refer to Frequently Asked Questions to find out how to remove your profile permanently.

30. Severability

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these terms of use.

31. Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

32. Trade marks

Present Partners and the associated logos on the Service are unregistered trademarks of Present Partners Limited.

33. Termination by the Company

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service and refuse to provide our services to you at any time, with or without advance notice or explanation and without any refund or other liability, if: (a) we believe that you have breached any material term of these terms of use; (b) you fail to pay any amount due hereunder by the payment due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause legal liability for you, our users and/or us; or (e) we decide to cease operations or to otherwise discontinue any of the Service in whole or part thereof. Further, you agree that neither us nor any third party acting on our behalf shall be liable to you for any termination of your membership, subscription or access to the Service. You agree that if we terminate your account, you will not attempt to re-register as a member without prior written consent from us.

34. After Termination or Cancellation

You accept that when you terminate your membership (as opposed to your subscription) with the Service You will be automatically removed from and locked out of the Service. You will be unable to access your account on the Service. You also agree and accept that upon cancellation your profile, mail and other membership materials will be immediately deleted from the Service and that such information will be irretrievable. The terms of the Agreement between us shall survive after termination or cancellation, unless stated otherwise.

35. Termination of Access to Service

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of these terms of use or the Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies.

Version Last Updated: October 2014

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