AsianD8Online.com
Terms and Conditions of Use
1. Definitions
AsianD8Online.com is a trading name for D8 Worldwide Limited (“Company”) who has a
registered office at Admiral House, 193-199 London Road, Camberley, Surrey, GU15 3JS.
We are registered in England and Wales with Companies House, registration number
04700319.
These terms and conditions (“Terms”) apply to (i) the full contents of www.AsianD8Online.com
(“Website”); (ii) all related websites of the Company (www.AsianD8Events.com and
www.AsianSpeedD8.com); (iii) any correspondence between the Company and you as a
user, and the use of the website. Please read these Terms in full before using the
Website, as using any part of the Website constitutes acceptance of these Terms.
This is relevant regardless of whether you chose to register your details on the
Website or not. If your do not agree to any of the Terms then please contact us
before using any part of the Website.
Use of the Website and registration on our Website means that you have entered into
a legally binding agreement (“Contract”) with the Company for a provision of an
online dating service, which will constitute use of the Website and some or all
of the features within it (“Service”). Anyone who is registered with the Website
and uses the Service will be considered a “Member” of our online community.
2. Member Eligibility
You must be over 18 years old and not married to register as a Member of AsianD8Online.com and to
use any or all parts of the Service that we offer. Your account will be deemed invalid
if you are under age and immediately suspended or terminated. It is also a requirement
for all Members of AsianD8Online to be resident in the United Kingdom during the
period of their Contract with the Company. If you leave the country please inform
us immediately. This does not mean you have to be a British citizen but that you
are a legal resident. By entering into this Contract with the Company, you hereby
confirm that you have the authority and capacity to enter into the Contract and
abide in full with all the Terms, which includes truthfully representing your age
and your location.
3. Registration and Membership Options
Basic Option - free
Plus and Premium Option - paying service - www.asiand8.com/billing
We reserve the right to change the automated payments at any time during the Contract,
but we do resolve to give reasonable notice before doing so.
You can cancel your automated payments at any time via logging in to your account - account settings - change payment - cancel payment. Please note that you will be downgraded immediately and you may lose any any remaining days of paid use.
4. Service Offered
Please note that AsianD8.com is purely a Website designed to
facilitate the communication between Members. The Company is in no way obliged to find partners for Members and is also in no way a
marriage or matrimonial service, nor does it guarantee dates or partners for any Members.
5. Payments
- Memberships purchased on or before 8th October 2012 are single one-off payments only
- Memberships purchased after 9th October 2012 are monthly recurring payments taken every 30 days
- Memberships purchased on the 1st December 2012 consist of both single one-off payments and auto-renewals payments
Auto-renewals
If you have an auto-renewing membership you acknowledge and agree to your membership being automatically renewed and payment being taken from your account. You can stop payment at any time before this occurs via your account settings (note that you are downgraded to basic membership immediately). It is your responsibility to stop any automated payments.
These Terms will be in force as soon as you start using the
Website (AsianD8.com). You are allowed to postpone the start of your Contract by up to seven days under the United Kingdom Consumer
Protection (Distance Selling) Regulations 2000 (as amended). However should you chose to become a Member of AsianD8.com your Contract
immediately as soon as you use any of the features of the website and as such waive any right to cancel the Service under these Regulations.
7. Termination by the Member
You are able to terminate your Membership of the Website at any time. This will come into effect
once we receive in writing, either by post or by e-mail, you request for termination of your account, and confirm by return that the
termination has been effected. Should you choose to terminate your Agreement with us, your account will remain active until the end
of the period for which you have pre-paid. If you would like it to end sooner, please inform us in writing when you request the
account is closed. You will not however be eligible for a refund under these circumstances.
8. Termination by the Company
Should you violate any of the Terms and Conditions listed here, AsianD8.com reserve the right to block all or part
of the Services offered to you. We also reserve the right to delete any prohibited content or activity. Notification of termination
will be sent to your e-mail address provided on registration or any other e-mail address that you have provided since that time.
No refund for pre-paid periods will be offered if the reason for termination of your account is as a result of a violation of these
Terms. If there is any other reason for termination then and refund that is due to you will be subject to our discretion and subject
to reasonable administration charges being applied. We also reserve the right to not allow any person to re-register on AsianD8 if their account has been previously terminated by us. Furthermore if payment was made with the new registration, no refund would be offered.
Any accounts that are inactive for 6 months may be closed down by the Company.
This is only applicable for users with Free Membership. Users with Plus or Premium Memberships who remain inactive will however continue as normal.
9. Accurate Information
The integrity of the Website is reliant on the information that we are given by Members. If you provide inaccurate information upon registration we have the right to remove your profile at any time. It is
the responsibility of the Member (and a legal requirement) to keep all your records held on the site are current. You must make sure
that your contact information and billing information are kept up to date and notify AsianD8.com through the My Account section
on your homepage of any changes (as a result of things like loss or theft) such as a new Billing Address, Card Number, Expiry Date etc.
Should you suspect any fraudulent activity on your account or any security issues, please notify us IMMEDIATELY. Please make sure you
keep you username and password safe at all times.
10. Content Posted by Members
10.1 All content posted by Members must be up-to-date and be a true representation
of the Member, his or her appearance and views. AsianD8.com will take every
effort to ensure that all information is accurate; however we are reliant on our
Members’ honesty. Should you find inaccurate content or suspect inaccurate information,
please
Contact
Us IMMEDIATELY so that the necessary
investigations can be made.
10.2 All information that you provide to us will be treated as non-confidential
and non-proprietary other that anything that which is of a personal nature and can
reveal your true identity and is marked as confidential. All personal information
will be in accordance with our Privacy Policy. We are
under no obligations to respect any material that is treated as non-confidential
as anything other than that. We are free to copy, duplicate, incorporate or disclose
and otherwise use any such material and all data and images, sounds, text and other
information embodied therein for any or all commercial or non-commercial purposes.
10.3 If any content is found to be in violation of this agreement then we reserve
the right to delete it without notifying any Member. This includes any messages,
photos, profile text, or any other “Content”. If anything is found to be offensive,
illegal or might harm the rights and safety of other Members, the relevant action
will be taken and the relevant authorities will be informed. Additionally we also reserve the right to delete an account delete or block and account if your account has received a high volume of blocks.
10.4 Members are solely responsible for any Content that they post and submit to
the site. You must ensure that the Content you post or transmit is up to date, not
in breach of these Terms, nor harmful or offensive to any other Members.
10.5 Posting Content to any area of AsianD8.com means that you automatically
grant, and warrant that you have granted, the right to the Company a non-exclusive
full worldwide license to use, copy, perform, display, and distribute all that information
and content. We also reserve the right to prepare derivative works of such information
and incorporate the content into other works. We can, at our discretion, grant and
authorise sub-licences of the content.
10.6 You are responsible as the Member using the Service to make sure it is in a
manner consistent with any and all applicable laws, regulations and codes of conduct
of the United Kingdom.
10.7 Members are prohibited from and shall not include in
any Content telephone numbers, street addresses, last names, URLs or email addresses
or any other information of a private sort.
11. Prohibited Content
Below is a list of the kind of Content that is illegal and prohibited on the Website.
This list is by no means exclusive and is an indication of the type of Content that
is not allowed. The Company reserves the right to amend this list at any time and
to investigate and take appropriate legal action against anyone who violates this
provision. This will include removing the offending communication from the Service
and terminating the Membership of such violators.
It includes Content that:
11.1 is offensive to the online community, such as Content that promotes racism,
bigotry, hatred, violence or physical harm of any kind against any group or individual.
11.2 tries to obtain any personal passwords or personal identifying information
from other Members.
11.3 uses profile information or photographs of any third person used without their
permission.
11.4 harasses, implies harassment or advocates harassment of another person;
11.5 involves and kind of junk mail, chain letters, or any other mass message that
can be considered spam.
11.6 contains restricted information or password only access pages, or hidden pages
and images that not would not normally be linked to or from another accessible page;
11.7 promotes an illegal or unauthorised copy of another person's copyrighted work,
such as providing pirated computer programs or links to them or providing illegal
pirated music or links to download pirated music files.
11.8 includes any information that you know to be false, misleading or that promotes
illegal activities. It is also illegal and a breach of these Terms to post content
that is abusive, threatening, obscene, or libelous.
11.9 provides material that portrays or exploits people under the age of 18 or portrays
any persons in a sexual or violent manner. Please note that it is also an offence
to use the Website to solicit personal information from anyone under 18.
11.10 provides instructional about any illegal activity (this includes things such
as making or buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses).
11.11 engages in commercial activity such as selling or promoting products or services without
our prior written consent. Any contests, sweepstakes, bartering, advertising, and
pyramid schemes are included in this.
11.12 uses sexually explicit or lurid language
11.13 uses information within the profile that could be construed as a way of being contacted off the website. Any persistent offenders to this condition will be deleted with being informed.
Although AsianD8.com will endeavour to monitor the conduct of its Members
off the Website, it is almost impossible without feedback of anything inappropriate
by other Members. Please contact us if you think the action of any Member is a violation
of these Terms or inappropriate. It is also a violation of these Terms to use any
information obtained from the Website in order to harass, abuse, or harm another
person, or in order to contact, advertise to, solicit, or sell to any Member without
their prior explicit consent.
In order to protect our Members from this type of activity, the Company reserves
the right to restrict the number of messages or other types of activity which any
Member can send in any 24-hour period. This number will be at the discretion of
the Company.
12. Prohibited Activities
The Company reserves the right to terminate your Membership if you have misused
the Service, breached these Terms, or in a way which could be regarded as inappropriate,
unlawful or illegal. The following is a partial list of the type of actions that
you shall not engage in with respect to the Service:
12.1 Impersonate another person or entity.
12.2 Stalk, harassing, and intimidating any other person.
12.3 Transmit any material that contains viruses or files, destroy or limit the
functionality of any computer software or other technological equipment.
12.4 Express or imply that any statements made by Members are endorsed by the Company
without our prior written consent from the Company.
12.5 Use any Meta-tags or code or other devices containing any reference to the
Website or the Service or the site in order to direct any person to any other web
site for any purpose.
12.6 Distribute or reproduce in any way any Content that is banned under the Prohibited
Content section of the Website. This includes any trademarks, or other intellectual
property or proprietary information without obtaining the prior consent of the Company.
12.7 interfere with the Service or the Website or the servers or networks connected
to the Company.
12.8 Use any robot, spider, website search application, or other manual or automatic
device to index the "data mine" or in any way reproduce or circumvent the navigational
structure or presentation of the Website.
12.9 Manipulate any corporate identifiers, company logos, or other branding in order
to mislead any information about the Service, the Company or the Website.
13. Instant Messenger
The Instant Messenger feature of AsianD8 is only available to Plus and Premium Members of the website.
Please be aware of the following Terms of Use:
13.1 All restrictions that apply to Content Posted By Members and Prohibited Content apply in full to this feature.
13.2 D8 Worldwide Limited reserve the right to remove this feature from any Member’s use without prior notification.
13.3 All conversations using the Instant Messenger feature may be recorded. This is for security purposes and to ensure the safety of our members.
13.4 All complaints that are upheld may result with all features of the website and membership being cancelled, and the customer removed from the site without a refund.
13.5 Misuse of the Instant Messaging feature that is deemed threatening or inappropriate in accordance with all other Terms and Conditions may result in prosecution.
14. Premium Membership Option
Please be aware of the following Terms of Use for Premium Option:
14.1 This option only allows for a discounted ticket cost to all singles events.
14.2 Option only allows individual to purchase tickets to events where tickets are displayed as available and for your gender only.
14.7 We reserve the right to cancel any member without a refund if member is found to be in breach of our terms and conditions.
15. Play Cupid Referral Scheme
15.1.When sending a personal message via the play cupid friend referral scheme members must abide terms and conditions point 11.1 through to 11.12. Breaching any of these terms and conditions can result in the termination of your account whereby no refund will be offered.
15.2. To receive your additional membership friends will need to use the personalised link when registering a profile as failure to so so will not be considered as a referral.
15.3. Any abuse of the play cupid friend referral scheme can result in the termination of your account.
16. iDchecks
AsianD8 has employed the services of a 3rd party company
(Trace Smart Corporate Ltd) that specialises in identity checks. Tracesmart
Corporate’s identity checking tool, ID, allows us to conduct comprehensive
electronic identity checks and is fully compliant with JMLSG guidelines. When
purchasing the iDcheck "Extra" we will run your details via Trace
Smart checking tool. On approval we will grant the relevant individual
the iDcheck badge. This process can take from anywhere between 24 - 48 hours.
From time to time we may also run a members details via the Trace Smart
checking tool. This will only be done in circumstances where we need to verify
a specific members details and will be done at the discretion of management.
17. Non-Commercial Use
This Website is not to be used for commercial gains at all and is designed for individual
Members. Should any Members be found to be using the Website for any reason other
that the scope of the Service as outlined above, for individual or corporate gains
or any other organisation, it will be considered a breach of these Terms. Using
the Website for data collection, either electronic or manual, is illegal. AsianD8.com
will consider legal action; whether it be civil, criminal or injunctive if it is
found that these provisions are violated.
18. Copyright Policy
It is an offence to post, distribute, or reproduce any copyrighted material, trademarks,
other intellectual property or proprietary information without obtaining the prior
written consent of the owner of such rights. If you think that your work has been
copied and posted on the Website in a way that constitutes copyright infringement,
please provide us with the following information by email: an electronic or physical
signature of the person authorised 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 the
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 authorised
by the copyright owner, its agent, or the law; a signed statement by you, that the
above information in your notice is accurate and that you are the copyright owner
or authorised to act on the copyright owner's behalf. Forward the relevant information
to AsianD8.com at suppport@asiand8.com and we will make the appropriate
investigations and take any action we deem relevant.
18. Proprietary Rights
AsianD8.com own and retain all proprietary rights pertaining to the Website.
The Website contains a variety of copyrighted material, trademarks, and other intellectual
property. Unless you have been given express written permission by the Company or
information is in the public domain anyway, copying, modifying, publishing, transmitting,
duplicating, or displaying any of the intellectual property will again be treated
as a breach of these Terms and Conditions and the appropriate action taken.
19. Ownership of Rights
All materials on the Website are copyrighted and are protected under world-wide
copyright laws, and all rights are reserved. Any materials belonging to AsianD8.com
cannot be reproduced or copied, changed, published, or transmitted in any way without
the Company’s prior written approval.
20. Customer Service
AsianD8.com will try to provide assistance and guidance through its customer
care representatives. When communicating with our staff representatives, whether
on the phone or in person, you may not to be abusive, obscene, profane, offensive,
sexist, threatening, harassing or racially offensive. If we feel that your behavior
towards any of our customer care team or other employees is at any time
threatening or offensive, we reserve the right to immediately terminate your membership
and you will not be entitled to any refund of unused subscription fees. For general
customer services enquiries, please Contact
Us. We aim to get back to all queries with in 24 hours. We are available on weekdays between 9am - 5.30pm. If you get in touch with us over the weekend we will aim to get back to you within 48 hours.
21. Member Disputes
Members are responsible for all their interactions with other Members of the Service.
The Company reserves the right, but has no obligation, to monitor disputes between
you and other Members.
22. Account Security
It is the Members responsibility for keeping your username and password that you
choose during the registration process on the Website confidential. Members are
fully responsible for all activities that occur under their username and password.
By agreeing to the Contract, Members agree to immediately notify the Company of
any unauthorised use of your username or password or any other breach of security.
Members must also ensure that they exit from their account at the end of each visit
to the website using the Logout option. This will help keep your details safe. AsianD8.com
will not be liable for any loss or damage arising from Members’ failure to comply
with this provision. You should use particular caution when accessing your account
from a public or shared computer so that others are not able to view or record your
password or other personal information.
23. Privacy Policy
Use of the Website is also governed by our Privacy Policy
which you can read in full by clicking on the link. The information (including sensitive
personal information) you provide to us will be stored on our computers and servers.
By using the Website, you are consenting to us using this information to build up
a profile of interests, preferences and browsing patterns and to allow you to participate
fully in the Services we have to offer.
24. Access to the Service
AsianD8.com endeavours to ensure that the Website and Services are available
24 hours a day, however we cannot guarantee that it will be uninterrupted or error
free. Access to this Website may be suspended temporarily and without notice in
the case of system failure, maintenance or repair or for reasons beyond our control.
25. Disclaimers
The material on the Website is provided without any conditions or warranties. Accordingly,
to the maximum extent permitted by law, the Company provides you with this Website
and Service on the basis that excludes all representations, warranties, conditions
and other terms which but for this legal notice has effect in relation to this Website.
We do not declare to support any advice, opinion, statement or other information
displayed, uploaded or distributed through the Website by the Company. third parties,
our partners or any other person or entity. You acknowledge that any reliance upon
such opinions and statements is at your own risk. We are not responsible for the
conduct, whether online or offline of our members. Please use caution and common
sense when using the Website and the Service. THIS LEGAL NOTICE AND THE FOREGOING
DISCLAIMERS ARE WITHOUT PREJUDICE TO ANY MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED
UNDER APPLICABLE LAW INCLUDING YOUR STATUTORY RIGHTS AS A CONSUMER.
26. Limitation on Liability
AsianD8.com’s shall not be excluded from liability for (i) death or personal
injury caused by negligence [(as such term is defined by the Unfair Contract Terms
Act 1977)]; (ii) any fraudulent representation; (iii) misrepresentation in regards
to any matters; or (iv) any liability which cannot be excluded or limited under
applicable law of the country.
AsianD8.com or any divisions of D8 Worldwide Limited will not be liable or responsible
to you or to any other person for any amount of loss or damage that may result (including
without limitation) or consequential loss or damages, or any loss of income, profits,
goodwill, data, contracts, use of money, or loss or damages arising from or connected
in any way to business interruption of any type.
Subject to the above, AsianD8.com's liability to you for any cause whatsoever,
and regardless of the form of the action, will at all times be limited to the amount
paid, if any, by you to Company for the Service during the term of Membership.
27. Modifications to this Agreement
We reserve the right alter or amend our Terms and will give reasonable notice in
advance of such amendments. If upon receiving any notice you do not wish to continue
with the Service, you may terminate the contract as per the Termination terms listed
in this document. If you continue to use the Service after the relevant period of
notice has expired, we will deem that you have accepted any alterations and amendments
to these Terms.
28. Release
Should the event arise that you feel the need to make a claim or take action against
any other Member that arises from that Member's use of our Website or the Service,
you agree to pursue such claim independently from us, and the Company is as such
released from all claims, liability and damages arising from the claim or action.
In the event that a claim or action is brought against the Company as a result of
your activities or use of the Website or Services, including any breach by you of
this Contract or any charges or complaints made by other parties against you, you
agree to pay and defend us in the claim or action. You also agree to cooperate as
fully as reasonably required in the defense of any claim and allow us to assume
the exclusive defense and control of the matter.
29. Severance
If any part of this Contract is determined to be invalid or unenforceable in accordance
with applicable law including (but not limited to) the disclaimers and liability
limitations set out above, then any part of the Contract deemed to be invalid or
unenforceable will be superseded by a valid and enforceable provision that most
closely matches the intent of the original clause. The remainder of the Agreement
shall continue in effect.
30. Relationship
Membership of the Website and use of the Service does not constitute a joint venture,
partnership, employment, or agency relationship exists between you and the Company.
31. Disputes
If there is any dispute involving the Website and any of the Services, you agree,
by using the Website, that the dispute will be governed by the laws of England and
Wales. You also agree to personal jurisdiction by and venue in the courts of London,
United Kingdom.
32. Miscellaneous
This Contract, accepted upon use of the Website on becoming a Member of the Service,
contains the entire Agreement between you and D8 Worldwide Limited regarding the use
of the Website and the Service. If any provision of this Contract is held invalid,
the remainder of the Contract shall continue to be in full force and effect.
33. Contact Information
If you have any questions about the rights and restrictions above, please Contact
Us or by post to Customer Services, D8 Worldwide Limited, Admiral House, 193-199 London Road, Camberley, Surrey, GU15 3JS, United Kingdom. Please contact
us with any questions regarding this agreement.
34. Success Stories
We offer all couples willing to share their story with us £250. If you contact us to let us know that you met someone on the website we will send you an AsianD8 branded mug.