Terms of use

Effective Date: 23/12/2010

1. INTRODUCTION
2. GENERAL
3. DEFINITIONS
4. CHARGES FOR USE OF THE WEB SITE
5. INFORMATION PRIVACY
6. ELIGIBILITY
7. USER UNDERTAKINGS
8. CANCELLATIONS AND REFUNDS
9. INTELLECTUAL PROPERTY
10. WEBSITE
11. LIABILITY AND INDEMNITY
12. FORCE MAJEURE
13. REGISTRATION
14. PRIVACY POLICY
15. THIRD PARTY RIGHTS
16. EXTERNAL LINKS
17. GOVERNING LAW AND JURISDICTION

1.       INTRODUCTION

Please read these terms and conditions carefully before using this Website operated by Mutual Hearts Limited, Company Number: 07288389 having our registered office at 1st Floor 2 Woodberry Grove North Finchley London N12 0DR. By accessing or using our Website, you agree to be legally bound by these terms and conditions as they may be modified and posted on our Website from time to time.

If you have any queries on how to use this site, please email us on info@mutualhearts.com with a brief outline of your problem and we will endeavour to answer your queries within 24hrs.

Details of procedures, services, prices, payment are displayed on our Website. If you choose to register or subscribe or to place an order for an event, you will be given clear instructions on how to navigate our simple online process and you will be required to provide us with your accurate personal details. You may only use this Web Site if you are over 25 years old and can form a legally binding contract under the laws of England and Wales.

This Web Site and any contract associated to it are governed by the laws of England and Wales. However this does not prevent you from using or registering with us if your location is based outside England and Wales as long as there is nothing in your local law that would supersede any of these terms.

Please:

1. Read through these terms and conditions carefully before using this Website.
2. Print a copy for future reference.

3. Read our privacy policy section regarding your personal information.

If you have a comment, concern, or complaint about our service please feel free to contact us via email at info@mutualhearts.com or through the Contact Us page on the Website.



2.       GENERAL

We reserve the right to change any services, product prices, product specifications and availability at any time. All prices and descriptions supersede all previous publications. All product descriptions are approximate. Every effort is made to keep information regarding event availability on the Website up to date. However, we do not guarantee that this is the case, or that events will always be available.

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.

This Website, any content contained herein and any contract brought into being as a result of usage of this Website are governed by and construed in accordance with law of the jurisdiction specified in the clause below and the parties to any such contract agree to submit to the exclusive jurisdiction of the courts as specified. All contracts are concluded in English. These terms and conditions do not affect your statutory rights.

3.       DEFINITIONS

'Conditions' means these terms and conditions.
'We/us/our' means Mutual Hearts Limited.
'Website' means the Website located at www.mutualhearts.com or any subsequent URL which may replace it or sit alongside it.
'You/Your/Yourself' means a user of the Website or person using any services we provide.
'Working days' mean Monday to Friday (excluding public holidays in the United Kingdom).
"Information" includes without limit all content, software, data, text, photographs, graphics, sound and video;
"Liability" means the liability of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
"Member" means any person who has at least a basic registration on the website;
"Post" means display, exhibit, publish, distribute, transmit and/or disclose Information on or in connection with the Service, and the phrases “Posted” and “Posting” shall be constructed accordingly;
"Profile" means the section of the Service containing details, photographs and/or other Information about You;
"Service" means the service provided by Us to You including, but not limited to, Us allowing You to browse the Website, contact and/or be contacted by other Members through the Website and/or Post Information on the Website;
"User" means any person who browses the Website;

4.       CHARGES FOR USE OF THE WEB SITE

There is free access to parts of the site after registration, but access to the members’ profiles is subject to subscription charges.

Details of current charges for the website are listed on the subscription plan page.

You agree to complete the subscription form and make payment by credit card or cheque, should you wish to view profiles of member, contact and be contacted by subscribed members or view postings of other member.

Membership fees are non-refundable.

You may terminate this agreement at any time by deleting your profile. No refunds are paid in this case whether done intentionally or through error.

We are entitled to refuse any order placed by you and will not be required to provide an explanation.



5.       INFORMATION PRIVACY

Mutual Hearts will keep classified all information given by you which is not considered public information, including but not limited to information given in the course of the registration process and e-mail communications transmitted through the Web Site.

Mutual Hearts will not disclose such information to any third parties without your consent, except that you agree. Mutual Hearts may disclose personal information that is already in the public domain, or if required to be disclosed by law, by a governmental agency or to protect the interests of Mutual Hearts or its members or where there have been extensive and significant serious breaches of the terms and conditions.

Where you have given your consent for personal information to be used by Mutual Hearts for particular purposes we will in such circumstances only use the information for those purposes for which your consent is given.

You acknowledge and consent that Mutual Hearts and its agents and contractors may access your account in order to detect and make good technical problems or service complaints.

E-mails sent internally through the Mutual Hearts website may be routinely monitored to guarantee the service is being used in accordance with the Terms and Conditions.

Mutual Hearts works with agents, contractors and suppliers both in the UK and in other countries. We will oblige such third parties neither to pass your personal data to any other party nor to use the data for any purpose with the exception of that specifically and expressly stated by Mutual Hearts.



6.       ELIGIBILITY

Users must be 25 years or older. Any and all information User provides to Mutual Hearts will be true, complete and correct in all aspects and material information will not be omitted.

You have not been convicted of any offence involving violence and/or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and/or You have not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act).



7.       USER UNDERTAKINGS

You agree:

a)         not to use the Web Site for unlawful purposes;

b)        to act in accordance with all requirements, procedures, policies and regulations of networks connected to the Web Site;

c)        not to publish on the Web Site, or send to any other member, any harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, sexual, sexually suggestive, offensive, anatomical, racist, homophobic, religiously intolerant or otherwise objectionable messages to other users in any communications on or off the website;

d)        not to make known any personal or confidential information about other members, past or present;

e)        not to contact other members without their consent;

f)        You agree not to include in your public profile or in the discussion boards any telephone numbers, street addresses, last names, e-mail addresses, and any information that would enable people to contact you outside the site, offensive anatomical or sexual references or offensive sexually suggestive language. You also agree not to post any photos containing nudity or otherwise offensive material in any areas on the Web Site that are accessible to the public. Mutual Hearts reserves the right, but has no obligation, to reject or remove any profile or photo that does not comply the Terms and Conditions;

g)        You agree not to copy or reproduce in any form in whole or in part anything published on the Web Site;



8.        CANCELLATIONS AND REFUNDS

Our events success is mainly determined by an equal or near equal number of male and female guests. We appreciate that individual situation can change which may possibly prevent you from attending an event. Every endeavour will be made to book you on an alternative event, subject to availability. We will only provide a refund less £5.00 for administration fee once you have notified us of cancellation seven days in advance of the event date and there is no alternative future event we can arrange for you. Anything less than seven days’ notice will not be sufficient to reallocate your ticket and will jeopardize an equal male to female ratio as well as the enjoyment of other attendees.



9.        INTELLECTUAL PROPERTY

The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.

You further acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

No licence is granted to you in these Conditions to use any trade mark of www.mutualhearts.com or its affiliated companies.

Goods and services sold by us may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.



10.    WEBSITE

We attempt to ensure that the information available on the Website at any time is accurate. However, we will not be held liable for any errors or omissions. We use all reasonable endeavours to correct errors and omissions as quickly and as practicable as possible after becoming aware or being notified of these.

Products, services, prices and offers are only valid at the time they are published on our Website. All images should be used only as a guide or representation of the item.

All drawings, descriptive matter and specifications of services on the Website are for the sole purpose of giving an approximate description of the goods and services.

We may also change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts or the entire Website without notice or liability.

We reserve the right to:

a)        modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or;

b)        change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed;

You may not use the Website for any of the following purposes:

a)        disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;

b)        transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise;

c)        breaches any relevant laws, regulations or code of practice;

d)        gaining unauthorised access to other computer systems;

e)        interfering with any other person's use or enjoyment of the Website;

f)        breaching any laws concerning the use of public telecommunications networks;

g)        making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;

We reserve the right to refuse to post material on the Website or to remove material already posted on the Website.



11.    LIABILITY AND INDEMNITY

Notwithstanding any other provision in the Conditions, nothing in these Conditions will affect or limit your statutory rights; or will exclude or limit our liability for death or personal injury resulting from our negligence.

The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.

We will use reasonable endeavours to verify the accuracy of any information on the Website but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.

We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to these Conditions, if the delay or failure was due to any cause beyond our reasonable control.

We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for:

a)        any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or;

b)        any loss of goodwill or reputation or;

c)        any special or indirect losses suffered or incurred arising out of or in connection with the provision of any matter under the Conditions.

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your Personal Information with your authority.

This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.



12.    FORCE MAJEURE

We shall have no liability for delays or failures in delivery or performance resulting from force majeure, including but not limited to Acts of God, war, demands or requests of Government authorities, strikes, shortages of labour, fuel, power, raw materials, late or defective performance or non-performance by suppliers, transportation disruptions, inability to ship or other causes, beyond our reasonable control.



13.    REGISTRATION

You warrant that:

a)        the personal information which you are required to provide when you register is true, accurate, current and complete in all respects;

b)        you are not impersonating any other person or entity and;

c)        you will notify us immediately of any changes to your personal information by emailing or telephoning our customer service representatives.



14.    PRIVACY POLICY

In order to monitor and improve customer service, we sometimes record telephone calls.

You can find full details of our Privacy Policy on the Website.



15.    THIRD PARTY RIGHTS

Except for our affiliates, directors, employees or representatives, a person who is not a party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.



16.    EXTERNAL LINKS

To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:

a)        the privacy practices of such websites;

b)        the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or;

c)        the use which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.



17.    GOVERNING LAW AND JURISDICTION

The Website is controlled and operated in the United Kingdom.

The Conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.



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