Terms and conditions

These terms of service (“Terms”) are a legal binding contract between you and the Company. In order to use this Website you must accept these Terms, and you shall be deemed to have accepted these Terms by clicking “I agree” and by using this Website, regardless of whether or not you register as a Member. If you do not accept and agree to be bound by these Terms, please do not use this Website.

1. Definitions

In these Terms, the following expressions have the following meanings meanings:

“Company” means _______________________________________.

“Member(s)” means registered users and paying subscribers;

“Personal Data” means personal data as defined in the Maltese Data Protection Act (Chapter 440 of the laws of Malta);

“User(s)” means any user of the Website, including any unregistered user accessing the Website, as well as any Member;

“Website” means this website which is owned and operated by the Company, including all the services and functionality provided within it, and includes IOS or Android apps operated by the Company.

“We“, “us” and “our” all refer to the Company, its affiliates, its partners, its contractors and sub-contractors, or their respective officers, directors, employees, agents or representatives.

“You” means a User or Member.

2. Eligibility

By using the Website, you represent and warrant that:

  1. You are at least 18 years old;
  2. You have the authority and capacity to form a binding contract;
  3. You have not been convicted of a criminal offence of a voluntary nature;
  4. You are not registered as a sex offender in any jurisdiction.

3. Members

General

You may use the Website free of charge, but in order to benefit from certain features and services, you must become a member by creating an account and paying a subscription fee.

The additional features, subscription plans, and corresponding fees are described on the “Members” page of the Website.

Our Website is intended only for personal use by individuals: organisations, companies, or businesses cannot become Members.

Member details and login credentials

You are responsible for all details you provide:  you must ensure that the details are truthful, accurate, and describe you personally.  You therefore agree not to choose a username that may represent you as someone else or that may otherwise violate third party rights.

We may refuse to accept any username for any reason, including if it impersonates someone else, is or may be illegal, is or may be protected by intellectual property law, is vulgar or otherwise offensive, or may cause confusion.

You are entirely responsible for maintaining the confidentiality of your account information, including your login credentials, and you are solely responsible for all activities that occur under those credentials.

If you have reason to believe that someone has gained access to your account, or that your account is no longer secure, you must you must promptly change your password and immediately notify us. You may be held liable for losses incurred by us or by any other user due to another person using your account.

Payment

Upon purchasing a membership subscription, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment will be charged for the purchase at the price displayed to you for the service you’ve selected, together with any applicable taxes.

Automatic renewal

If you purchase an auto-recurring periodic subscription, you will continue to be billed for the subscription until you cancel. After your initial subscription period, and again after any subsequent subscription period, your subscription will be automatically renewed for an additional equivalent period, at the price you agreed to when subscribing. By subscribing, you authorise us to charge your card now and upon each renewal. Your card payment information will be stored and used for these automatic card payments.

Where a renewal payment is not successfully settled, you remain responsible for any uncollected amounts and authorize us to continue billing you. We may also opt to deactivate or downgrade your account until the charge for renewal is accepted, following which, the status of your account will be reinstated within 24 hours for the value of the charge successfully passed.

You also authorise us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.

Changing Pricing

We may at any time change membership subscription prices. If this change takes place during a subscription period and you have purchased an auto-recurring periodic subscription, the prices will take effect from the commencement of the renewal period.

No refunds

Charges are non-refundable unless required by the laws applicable in your jurisdiction. As a general rule, if you are in the European Union or the European Economic Area, you are entitled to a refund within 14 days from the start of the subscription: however, by using our Website you agree that the content of the Website will be available to you immediately, and you acknowledge that as a result you waive your automatic statutory right of withdrawal.

Data processing

As a subscribing member, you consent to the storage of your payment credentials in a tokenized form and allow us to charge them as described in this section. We may use this data for analytic purposes and disclose the payment and personal information provided with the relevant payment processors in the event of an unwarranted payment reversal on your account.

Suspension and Cancellation

We may suspend or cancel your membership if we believe you have violated these Terms.

In the case of suspension, your account and membership will still continue to run until cancelled. In the case of cancellation, your account will be permanently deleted.

Before cancelling your membership, as a general rule we will give you an opportunity to remedy the breach within a stipulated time by giving you notice by email. If we believe you have committed a serious breach we will cancel your membership without notice. In either case, you will not be entitled to a refund.

You may cancel your membership at any time, for any reason, effective from the first payment period that shall be due after our receipt of your written notice of termination. Pre-paid subscriptions will not be refunded.

4. Interactions with other Members

Your use of the Website is solely at your own risk. You are solely responsible for your interactions with other Members and you assume the risk for all interactions.

We do not warrant that each Member is who he or she claims to be. Additionally, we do not warrant that Member profiles are reliable, accurate or complete. You are advised not to assume that Member profiles and information provided by Members are accurate: a person may not be who he or she claims to be.  We do not conduct criminal background checks or screenings of our Members, but we reserve the right to conduct such checks and screenings at any time using available public records. We likewise do not verify the accuracy or truthfulness of any content published by Members although we reserve the right to investigate the content of profiles for compliance with law.   You must therefore always exercise caution in dealing with another Member, particularly if you decide to send money to a Member.

5. Your rights and obligations when using the Website

Our intellectual property

The Company owns all rights, title, and interest in and to the Website and the features, materials, opportunities, and services made available on or through the Website, including all the text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials, as well as the compilation, collection, design, selection, and arrangement thereof, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the content on the Website.

We grant you a personal, non-exclusive, non-transferable, limited license to use the Website solely for the purpose of using and enjoying the Website’s benefits in the way they are intended and as permitted by these Terms.

You therefore agree not to copy, reproduce, publish, upload, post, display, translate, encode, distribute, modify, transmit, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information accessible on the Website.

Content you post

By signing up for a membership, you grant us a worldwide, transferable, sub-licensable, royalty-free, right and licence to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorise us to access from third parties such as Facebook, as well as any information you post, upload, display or otherwise make available on the Website or transmit to Members (“Content”).

It is your responsibility to ensure that your Content is accurate and truthful and that you have the right to post the Content and grant us the licence above, and that the Content does not violate any laws or regulation in any jurisdiction, or the rights of third parties. We may monitor or review the Content, remove any Content without notice, as well as claim compensation for any costs or damages the Content may cause.

You are solely responsible for compliance with any laws that apply to you. Specifically, you are solely responsible for the content you upload, publish or display on the Website. You are prohibited from uploading, publishing or displaying any content that you did not create or that you do not have permission to upload, publish or display including but not limited to nudity and adult content, offensive, violent, illegal content, or content intended to promote illegal products or activity.

Illegal use

You must not use or attempt to use the Website or Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) in a manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) in a manner that could interfere with any other party’s use and enjoyment of the Website; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by the Company to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; (vii) any use other than the purpose for which it was intended.

You must furthermore (i) not upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer or property of another; (ii) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (iii) use any of the Website’s communication features in a manner that adversely affects the availability of its resources to other users; (iv) probe, scan, test the vulnerability of or breach the authentication measures of, the Website, or any related networks or systems; or (v) use any robot, spider, scraper, or other automated or manual means to access the Website.

Community rules

By using the Website you agree not to:

  1. Breach any applicable law, regulation or code of conduct;
  2. Upload or transmit any Content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, racist or xenophobic, or otherwise objectionable, that incites violence, or that may invade another’s right of privacy or publicity or otherwise infringes the rights of others;
  3. Stalk or otherwise harass a person;
  4. Impersonate any person or entity;
  5. Reveal any information that enables a Member to be personally identified or contacted by means other than through the Website, including last name, postal address, email address or telephone number;
  6. Upload or transmit any Content that provides instructional information about illegally or potentially harmful activities;
  7. Solicit passwords or personal identifying information for commercial or unauthorised or unlawful purposes from Members;
  8. Upload or transmit any Content that exploits anyone in a sexual or violent manner;
  9. Upload or transmit any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
  10. Delete or revise any material posted by any other person or entity;
  11. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
  12. Harvest or otherwise collect information about others, including e-mail addresses.

6. Our rights and obligations

Monitoring and editing content

We have a right to monitor all Content to ensure that they conform to these Terms.

We may take whatever lawful actions we deem appropriate in response to actual or suspected violations of these Terms, including by deleting, moving, and editing Content. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. We reserve the right to disclose any information we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion. You agree to reimburse us for any damage, loss, cost or expense we incur (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) for any breach of these Terms.

Test Profiles

We have a right to create test user profiles for the purpose of testing the functionality of the Website and to improve its quality.

Communications from Company

If you are a registered Member, you agree and consent to receive email messages from the Company.

Security of information

Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information by implementing all reasonable security measures as required by applicable data protection legislation, we do not warrant and cannot ensure the security of any information which you transmit over the Internet. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Data protection

We commit to process Personal Data in full compliance with the Maltese Data Protection Act (Chapter 440 of the laws of Malta) as well as any other applicable data protection legislation.

7. Third Party Information

We are not responsible for the content of any advertisements appearing on the Website. The display and placement of advertisements does not constitute our recommendation or endorsement of the advertiser’s product or service: each advertiser is solely responsible for any representation made in connection with its advertisement.

Our Website may also have links to third party websites.  You use them at your own risk.  We do not review, recommend or endorse such third party websites, and we are not responsible for their content or any goods or services offered thereon.  If you encounter any third party website on our Website, the use of which would violate applicable law, you must immediately refrain and/or cease from using such website.

Our Website may also contain offers for sale of merchandise or services not provided by the Company. Such merchandise and services may be obtained only by linking to the applicable merchant’s website in order to make the transaction. Terms of the offer shown on the Website and description may vary from those shown on the merchant’s website. Differences in the terms of an offer between the Website and a merchant’s website will be governed by the terms shown on the merchant’s site. We are not responsible or liable for any such differences or discrepancies or the performance of any products or services obtained via such third party website.

8. No Guarantees

We do not represent, warrant, promise or guarantee that you will obtain any particular or tangible result or goal through the use of the Website. The information, software, or other materials available from or provided on the Websiteis provided “as is” and “as available”, without warranties or guaranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.

We do not represent, warrant, promise or guarantee that the Website any part thereof is accurate, current, complete, free of technical and typographical errors, reliable or appropriate for any particular use to which you choose to put them, or that they are or will be available on an uninterrupted and error-free basis, or that defects will be corrected or that it is free of viruses or other disabling devices or harmful components.

We have the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the Website, or any portion of the Website, for any reason; (ii) modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (iii) interrupt the operation of the Website, or any portion of the Website as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.

9. Limitation of Liability

To the fullest extent permissible by law, in no event shall we be liable for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising out of or relating to (a) your access to or use of or inability to access or use the Service or Website, (b) the conduct or content of other members or third parties on, through, or following the use of the Website, (iii) any personal meetings or encounters with other uses or members; or (iv) unauthorized access, use, or alteration of your Content.

If in spite of the foregoing we are found liable to you, our total liability to you for all damages and losses shall not exceed the amount paid by you, if any, for using the Website.

10. Indemnification

You shall indemnify, defend and hold us harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys’ fees), brought by any third party in connection with or arising out of Content you submit, post to, or transmit through the Website, your access to and use of the Website, and other materials, products, and services available on or through the Website, your violation of these Terms, your violation of any rights of another person, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user or member of our Website, or any other third party, any business practices in which you engage or are alleged to engage, or alleging facts or circumstances that could constitute a breach by you of any of the representations and warranties set out in these Terms.

11. Claims of Copyright Infringement

If you believe that your work has been copied or posted on the Website in a way that breaches your intellectual property rights, please submit a takedown request by emailing us at ____________________. Your email must contain:

  • An electronic or physical signature of the copyright owner or the person authorised to act on behalf of the owner of copyright owner;
  • A description of the copyrighted work;
  • A description of where the work you claim has been infringed is located on our Website;
  • Your address and phone number;
  • A representation that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or at law; and
  • A representation that the information you’re provided is accurate and that you are the copyright owner or authorised to act on the copyright’s owner behalf.

12. Miscellaneous

No waiver

If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

Severability

If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall continue in full force.

Variation

We reserve the right to amend these Terms from time to time, including but not limited to changing the prices of a membership. We expressly reserve the right to make any changes to these Terms, or to the Website, at any time.

Members will be notified of the nature of these amendments via e-mail.  Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following notification on the Website will represent an agreement by you to be bound by these Terms as amended.

Jurisdiction

All disputes or claims arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the Maltese courts.

This clause does not apply if you qualify as a consumer domiciled in a European Union Member State.  In such cases, jurisdiction shall be determined in accordance with the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or any other legislative measure which may replace the said Regulation from time to time.

Governing law

These Terms shall be governed and construed in accordance with Maltese law.

Contact

This Website is operated by _____________________________________________.

You can contact us using any of the following methods:

Online support form:

Email:

Postal address: