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Terms & Conditions

Terms & Conditions

Last revised June 11, 2017

This Terms of Use Agreement (the "Agreement") sets forth the terms and conditions that apply to Your use of the Website and all services offered by Pay For a Date. By completing the membership process You are indicating that You agree to be bound by all of the terms in this Agreement. Please print and keep a copy of this Agreement for Your records. By accessing the Website or using any Services, You consent to receive this Agreement electronically.

We reserve the right to modify this Agreement at any time. Such modified Agreement will become effective and will apply to Your subscription upon our posting such Agreement to the Website. Your continued use of our Service after such a modification has been posted shall be deemed to constitute acceptance by You of any such modified Agreement. It is Your obligation to review the Agreement and to become aware of any modifications.

“You” refers to the user of this website and its related services, and as such You have gained the right to use this website by respecting the applicable Terms of Use described in detail below.

Phoenix Waters Ltd. is the exclusive owner and operator of payforadate.co.uk and its related app.

As used in this Terms of Use Agreement, "we" and "us" means Phoenix Waters Ltd. or any successor, subsidiary, division or assign of Phoenix Waters Ltd.

“Service(s)” refers to Your use of the Website for any purpose whatsoever.

To become a Member of any of our sites you must be at least eighteen (18) years old.

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.

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, you must take appropriate precautions. 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.

As a Member you agree not to:

  •   verify the identity of persons who register as Members or use our 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 defama tory, 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 accept able 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 similar or fraudulent schemes

For the avoidance of all doubt it is your responsibility to decide which information to publish or send as Member Content. We 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 Us, 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 do not and cannot review all profiles, public postings, messages or other materials posted or sent by users of the Service. We are not responsible for any of the content of these profiles, public postings, messages or other materials. We reserve the right, but are not obligated to, delete, move or edit profiles, public postings, messages and other materials that we, in our sole discretion, deem to be in violation of the Code of Conduct as set out above or any other applicable content guidelines or deem to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials You may upload to the Service.

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 website 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.

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 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 Phoenix Waters Ltd. and may not be reproduced, used or represented without the express permission of Phoenix Waters Ltd. or its partners, 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 authorisation of MIL.

n 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' webpages, software or code.

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)

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.

We or third parties may provide links on our Site 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 Site 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. 

In addition to the free membership provided on the Website, Paid Services and Paid Features are offered that require payment. Where payment is required, the following additional terms and conditions will apply: 

Phoenix Waters Ltd. will use the credit card information You provide to bill You for goods and services. By registering for the Paid Services or Paid Features and providing Your credit card details, You agree to be billed by us for Your for-fee service in advance. It is Your sole obligation to provide accurate and complete credit card information, and to timely update Your Account with any changes to such information.

Where payment is required for a Paid Service or Paid Feature and we are unable to charge Your credit card for any reason, we may discontinue any and all Services to You either temporarily or permanently.

If You cancel Your account, Your Paid Service and/or Paid Features will be cancelled. All payments for Paid Memberships and Paid Features are non-refundable. You will not be eligible for a prorated refund of any portion of the unused paid services. Where billing for a service is recurring on a monthly, yearly or other periodic basis, the unused portion of the current service period will not be refunded. Paid Memberships and/or Paid Features cannot be transferred to any other account.

This Agreement and the pages on the Site to which these terms refer, constitute a contract that governs the relationship between the Member and Phoenix Waters Ltd. 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.

This Agreement and the pages on the Site to which these terms refer, constitute a contract that governs the relationship between the Member and Phoenix Waters Ltd. 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.

This Agreement shall be governed by the law of England and Wales.