AsianD8

Terms and Conditions of Use

1. Definitions

AsianD8 is a trading name for D8 Worldwide Limited (“Company”) who is trading at Santon House, 53-55 Uxbridge Road, Ealing, London, W5 5SA. We are registered in England and Wales with Companies House, registration number 05990481.

These terms and conditions (“Terms”) apply to (i) the full contents of www.AsianD8.com (“Website”); (ii) all related websites of the Company (www.AsianD8Events.com and the AsianD8 mobile App for Apple, Windows and Android devices); (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 you do not agree to any of the Terms then please contact us before using any part of the Website.

Use of the Website, App 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/App and some or all of the features within it (“Service”). Anyone who is registered with the Website/App and uses the Service will be considered a “Member” of our online community.

2. Member Eligibility

You must be over 18 years old and single to register as a Member of AsianD8.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, married or in a relationship and immediately suspended or terminated. 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, relationship status, identity and location.

3. Service Offered

Please note that AsianD8 is a service 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.

4. Registration and Membership Options

Basic Option - free service

Plus and Premium Options - paid service

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 membership at any time  via logging in to your account and cancelling your membership. Please note that you will be downgraded immediately and you will lose any remaining days of paid use.

5. Payments

Please note that AsianD8 operates on a strict no refund policy across all products and services.

6. 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.

6.a. Website Subscriptions

You can cancel your automated payments at any time via logging in to your account - account settings – I wish to cancel my membership (note that you are downgraded to Basic membership immediately). It is your responsibility to stop any automated payments.

6.b iTunes Subscriptions

If you have subscribed to a membership plan via the AsianD8 app on the Apple App Store (iTunes) and wish to cancel your membership, you must cancel your membership from www.asiand8.com  and also cancel your payments from within iTunes on your Apple device. Apple are directly responsible for the payments on apps on the App Store. Further information is available here http://support.apple.com/kb/ht4098

7. Termination by the Member

You are able to terminate your Membership of the Website at any time. This will come into effect once received in writing, or verbally that you request for termination of your account. 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 when requesting the account to be 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 reserves 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 or event tickets 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 any 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 for any of the above violations. 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 Basic 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 as 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 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 your 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 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 than 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 obligation 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 AsianD8 reserves the right to take photos, video or audio footage at events, which may include you in the background or foreground. As a member you are agreeing for these be used for the purposes of marketing and promotion. If for any reason you would not like these to be used, this may be removed at the Company’s discretion.

10.4 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”. Continuing to upload any prohibited information may lead to the termination of your account. If anything is found to be offensive, illegal or might harm the rights or 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 or block an account if your account has received a high volume of blocks by other members.

The company reserve the right to reject any photos which do not meet the quality guidelines.

10.5 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.

10.6 Posting Content to any area of AsianD8 means that you automatically 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.

10.7 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, social media, 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.

This 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 any 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 and informed.

Although AsianD8 will endeavour to monitor the conduct of its Members on 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. Any contact made outside of AsianD8 services cannot be monitored and therefore AsianD8 is not liable for any communication outside of these services.

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, 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 website 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. Premium Membership Option

Please be aware of the following Terms of Use for Premium Option:

13.1 This option only allows for a purchase of 1 discounted ticket to each singles event.

13.2 Option only allows individual to purchase tickets to events where tickets are displayed as available and for your gender only.

13.3 We reserve the right to cancel any member without a refund if member is found to be in breach of our terms and conditions.

14. ID Verification

Members have the option of providing identity documents to prove their identity. We  accept valid forms of photo ID such as a passport, driving license or ID card along with a recent photograph to prove the members likeness. These documents will be stored with AsianD8 for the duration of the membership, and may be used to assist us to resolve Member Disputes that may arise.

We may also process the provided documents and photographs using Microsoft Cognitive Services to assist in automating and improving our checks.

On approval we will grant the relevant individual the iDcheck badge. This process can take from anywhere up to 48 hours.

15. 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 will consider legal action; whether it be civil, criminal or injunctive if it is found that these provisions are violated.

16. 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 support@asiand8.com and we will make the appropriate investigations and take any action we deem relevant.

17. Proprietary Rights

AsianD8 owns and retains 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.

18. 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 cannot be reproduced or copied, changed, published, or transmitted in any way without the Company’s prior written approval.

19. Customer Service

AsianD8 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 or unused subscription fees. For general customer services enquiries, please Contact Us . We aim to get back to all queries within 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.

20. 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.

21. 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 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.

22. 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 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.

23. Access to the Service

AsianD8 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.

24. 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.

25. Limitation on Liability

AsianD8 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 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’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 the Company for the Service during the term of Membership.

26. Modifications to this Agreement

We reserve the right alter or amend our Terms and will give reasonable notice 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.

27. Release

Should the event arise that you feel the need to make a claim or take action against any other Member that arises from their 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.

28. 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.

29. 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.

30. 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.

31. 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.

32. Contact Information

If you have any questions about the rights and restrictions above, please Contact Us  by email or by post to Customer Services, D8 Worldwide Limited, Santon House, 53-55 Uxbridge Road, Ealing, London, W5 5SA. Please contact us with any questions regarding this agreement.  

Last updated 22nd May 2018