Last revised on January 1, 2013
Datetix Limited ("Datetix") is the exclusive owner and operator of datetix.com and datetix.hk (the "Website").
"Services" refers to your use of the Website for any purpose whatsoever, and your use of any of our dating services that includes but is not limited to the following:
- (a) Consulting with you, via in-person, phone, SMS, e-mail and/or any other means, to understand your background and the qualities that you look for in a potential match.
- (b) Pre-screening, searching, and referring of potential matches.
- (c) Coordinating of dates with the booking of restaurants or other venues.
- (d) Obtaining feedback from you after dates.
- (e) Advising to the extent requested by you on matters such as dating and relationships.
This Agreement constitutes your agreement with DATETIX with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service.
RIGHT TO USE
Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability and for any reason.
CODE OF CONDUCT
You agree to use the Service in accordance with the following Code of Conduct:
(a) You are solely responsible for your conduct and for the information you provide to DATETIX or transmit to other members.
(b) You will provide true, accurate, current and complete information about yourself as prompted by any of the Services.
(c) You will maintain and promptly update information about yourself to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, DATETIX has the right to suspend or terminate your membership and refuse any and all current or future use of any Services without compensation.
(d) You will not impersonate any person or entity.
(e) You will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you.
(f) You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or otherwise offensive language.
(g) You will not forward chain letters through the Service.
(h) You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
(i) You will not post messages, pictures or recordings or use the Service in any way that;
i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or
ii. is fraudulent or otherwise unlawful or violates any law.
(j) 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. Parties responsible for the distribution, promotion or otherwise publication any material containing any solicitation for funds, advertising or solicitation for goods or services agree to pay DATETIX $1,000.00 US dollars per account involved with such activities to cover expenses involved with investigation and prosecution of such activities.
(k) You will not use the Service to distribute or upload any virus, or malicious software of any type, or do anything else that might cause harm to the Service, the Website, DATETIX, its systems, or any other members\' systems in any way.
(l) You will not post or transmit in any manner any contact information including but not limited to email addresses, "instant messenger" nicknames or contact information, telephone numbers, postal addresses, URLs, and full names through publicly posted information on the Website and through its Services.
(m) You will not cause the Service to be accessed through any automated or robotic means, including but not limited to the rapid access of the site as in a denial-of-service attack. Such restriction shall not apply to legitimate search engine activity that does not place an unreasonable burden on the Service.
(n) You will not use a third-party application such as a mobile smart phone application, social media or other Web page widget, or any other such mobile, social media, Web, or desktop application to access the Service, except where such application is either provided by us or endorsed by us. Such restriction shall not apply to a browser application which merely displays the pages of the Service in their entirety without modification or reformulation of content.
(o) DATETIX reserves the right to do any number of background or marital status checks on you at any time your account is active.
REMOVAL OF INFORMATION
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.
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 this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.
You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.
Your account is private and should not be used by anyone other than you. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third-party.
INTERACTIONS WITH OTHER MEMBERS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT DATETIX CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. DATETIX ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. DATETIX MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. DATETIX RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL DATETIX BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT DATETIX MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
PAID MEMBERSHIPS AND PAID FEATURES
In addition to the free services provided on the Website, a Paid Memberships (for example, the DATETIX Membership) and Paid Features (for example, date tickets) are offered that require payment. Where payment is required, the following additional terms and conditions will apply.
Billing and Payment
DATETIX will use the credit card information you provide to bill you for goods and services. By registering for the Paid Memberships or Paid Features and providing your credit card details, you agree to be billed by us for your for-fee service in advance.
Paid Memberships are subscriptions. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go your Account page and opt out of automatic renewal of your purchase. If you opt out of automatic renewal after your purchase, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. You won�t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Paid Memberships cannot be transferred to any other account. By subscribing to the Paid Membership, you authorize DATETIX to bill the credit card you provided now and again at the beginning of any subsequent subscription period. You also authorize DATETIX to charge you for any sales or similar taxes that may be imposed on your subscription payments.
Reaffirmation of Authorization
Your non-termination or continued use of the Paid Memberships reaffirms that DATETIX is authorized to charge the credit card information provided. DATETIX may submit those charges for payment and you will be responsible for such charges. This does not waive DATETIX�s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Paid Memberships.
Termination of Services for Non-Payment
Where payment is required for a Paid Membership 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.
Cancellation of Services
If you cancel your account, your Paid Membership 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.
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any material or content distributed by DATETIX constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our website; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner\'s behalf.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
You understand and agree that you use DATETIX and its related services at your own risk. DATETIX\'s services are provided on an "as is" basis without representations or warranties of any kind, whether express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion under law.
DATETIX provides on-line and offline personal dating services and tools to singles and other similarly interested individuals, as well as forums for discussion and commentaries to subscribers through the DATETIX.com website and other means of distribution. DATETIX does not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse any information contained on DATETIX.com. Due to the number of sources from which content distributed by DATETIX is obtained, there may be delays, omissions or inaccuracies in such content. You acknowledge that any use of the service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the service by DATETIX, our partners or any user of the service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk. Your continued use of the service now, or following the posting of notice of any changes in this agreement, will constitute a binding acceptance by you of this agreement, or any subsequent modifications.
You understand and agree that:
(a) DATETIX makes no warranty that the Services will meet your requirements and/or expectations and/or that any of the Services provided will lead to a successful match and or resulting relationship.
(b) No advice or information, whether oral or written, obtained by you from DATETIX through or from any of the Services shall create any warranty not stated in the terms.
(c) DATETIX cannot guarantee that each Member is at least the required minimum age or single, nor do we accept responsibility or liability for any content, communication or access of the Services by persons under the age of 18 in violation of this agreement.
(d) It is possible that other members or users of the Services may attempt to provide, disseminate, communicate or transmits offensive or obscene content and materials and that you may be involuntarily exposed to such offensive or obscene content or materials. If such an event occurs, DATETIX does not and cannot accept responsibility or liability for such acts of others in violation of this agreement.
(e) It is also possible for others to obtain personal information about you due to your use of the Services, and that the recipient may use such information to harass and injure you. While DATETIX will do its best to maintain the confidentiality of all personal information all personal information/membership data, DATETIX is not responsible for the use of any confidential personal information inadvertently disclosed by DATETIX or disclosed by DATETIX as required by the law, or confidential personal information that you disclose while using any of the Services. Please carefully select the type of information you voluntarily disclose or release to other members and other persons. DATETIX specifically disclaims any and all liability, regardless of the form of action, for the acts or omission of other members and/or users (including unauthorized users and/or third parties of the Services.
You hereby acknowledge and agree that under no circumstances will DATETIX, its officers, directors, employees, agents and third party content providers or licensors be liable to you or any third party for any loss whatsoever caused by your use or reliance on information obtained through the content distributed by DATETIX as well as any direct, indirect, incidental, special, punitive or consequential damages or injury arising out of the use or inability to use the DATETIX service or out of the breach of any warranty, or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to and/or alteration of the DATETIX.com website, no matter whether such claims are based in contract, tort, negligence, strict liability or any other cause of action, and regardless of whether DATETIX has been advised of the possibility of such damages.
Some jurisdictions limit the availability of such limitation of liability, in which case the provisions of this section may not apply to you. Notwithstanding the foregoing, in no event shall our liability exceed the sum of $100.00 U.S. dollars.
You hereby agree to indemnify, defend and hold harmless DATETIX and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys\' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. DATETIX reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
This Agreement represents the entire agreement between you and DATETIX regarding the use of our Services and supersedes any other agreement or understanding on the subject matter. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of Hong Kong. As a condition of using the Services, each user agrees that any and all disputes and causes of action arising out of or connected with DATETIX, shall be resolved through arbitration, with such arbitration to be held in Hong Kong.
Additionally, except where prohibited by law, as a condition of using the Services, you agree that any and all disputes and causes of action arising out of or connected to our services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sublicensable without the prior written consent of DATETIX. DATETIX may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.