Terms and conditions
Terms and conditions of use
Last revised: April 16, 2023
These Terms and conditions of use constitute a legally binding agreement between you (the “user” or “you”) and “Date Perfectly” (“Company” or “we” or “us” or “our”) and set forth the terms in which you may use dateperfect.com (“Website”). These Terms and conditions of use incorporate our Privacy Policy and together shall be referred to as the “Terms”. It is important that you take the time to read the Terms carefully prior to accessing or using the Website.
Acceptance of the Terms
By accessing or using our Website, you acknowledge that you have read, understood and agree to these Terms. You agree to be bound by these Terms and to comply with all applicable laws and regulations when using the Website. You further acknowledge that these Terms constitute a binding and enforceable legal agreement between you and us. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS OR USE THE WEBSITE IN ANY MANNER.
Eligibility and age limitation
You hereby warrant that you are eligible to enter into these Terms, and you are not prohibited by any authorised authority, judicial order or law into entering into any agreement; you have all proper authorisation if you are acting on behalf of a corporation to enter into these Terms. You further represent and warrant that you are at least eighteen (18) years of age and have legal competence to enter into these Terms. We reserve the right to request proof of age at any stage to verify that individuals under the applicable age are not using our Website.
Scope of the services
The Website provides you with comprehensive information, comparison tables and resources about various goods and services or products you are interested in, which are owned or operated by our third-party partners (“Third-party services”). We provide you with the information we believe to be relevant and third-party’s links to Third-party services websites, webpages and content, as well as articles, blogs and opinions provided by us, other users or third-party reviewers, including any text, logos, button icons, images, data compilations, documents, descriptions, software code, designs, links, data, graphics and other features provided therein (collectively the “Content” and together with the Website shall be referred to as “Service(s)”).
The Website is owned and developed solely by us. We conduct reviews and evaluate the information we find according to our internal criteria and methodology, as determined by us, to present the Third-party services we believe to be the most top-rated. You acknowledge that the Services are for informational and editorial purposes only and may contain Content that you deem or find objectionable. We do not endorse or support any Content submitted to the Website.
The Content may include articles and product or service reviews made by our team of content writers or other reviewers we engage with. These articles and reviews are for informational purposes only and are based on our personal experience and opinion. In any event, these articles and reviews shall not be considered personal or expert advice, and it is your sole responsibility to decide whether they are applicable to your needs.
Our Services are provided for you free of charge. We are able to maintain a free, high-quality Service by charging an advertising fee to featured brands whenever a user completes a purchase.
Use of the Website and Services
The Services are provided for your personal and non-commercial use only. You agree only to use the Services as set forth under the Terms. You are responsible for any of your actions that breach or could be reasonably construed as a breach of these Terms. You may not use the Services in a manner which would disrupt the use of the Website by other users or persons. We reserve the right to investigate any breach or alleged breach of these Terms and to report to law enforcement authorities and prevent you from using the Services. We may also limit your use of Services for any other reason or no reason and retain the right to terminate your use of the Services at our sole discretion.
Further, you hereby agree you will not, directly or indirectly: (i) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, create derivative work, circumvent or hack the Services or gain unauthorized access to the Services or its related systems and networks; (ii) sublicense, resell, rent, lease, assign, transfer any right, share, broadcast or otherwise commercially exploit or make the Services available to any third party, or any portion thereof; (iii) use the Services in any fraudulent or unlawful manner; (iv) assert any proprietary rights in or to the Services, nor remove, obscure or alter any notices of proprietary rights or disclaimers appearing in the Services. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein; (v) use, access or attempt to access the Service in connection with any automated means; (vi) use the Company’s name, logo or trademarks without our prior written consent; and (vii) extract, collect or store personal data about other users without their express permission. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.
Intellectual property rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Third-party links, advertisements
The Website may contain links to third-party websites or resources and advertisements for third parties (collectively, “Third-party ads“). Such Third-party ads are not under the control of the Company, and the Company is not responsible for any Third-party ads. The Company provides these Third-party ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations concerning Third-party ads. Advertisements and other information provided by Third-party ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from using any such websites or resources. When you link to a third-party site, the applicable service provider’s terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-party ads that are found on or through the websites, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any other Website users, or any Third-party ads.
Disclaimer of warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.;
THE WEBSITE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE WEBSITE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (I) THE SERVICE, CONTENT OR OTHER INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (II) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (IV) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) ANY RESULT OR OUTCOME CAN BE ACHIEVED.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of liability
IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE (INCLUDING THE WEBSITE OR CONTENT), OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SERVICE (INCLUDING THE WEBSITE AND CONTENT) AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE, CONTENT OR SERVICE IS LIMITED TO USD 500. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE TERMS BETWEEN THE COMPANY AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Indemnification
You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Website, or (ii) your violation of these Terms. At your expense, the Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the Company’s prior written consent. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
International use
The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.
Governing law and jurisdiction
All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
Any controversy or claim arising out of or relating to the Website and these Terms, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Dispute Resolution Procedures, as modified by the ICDR Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes at www.icdr.org).
Miscellaneous provisions
No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by the Company of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.
Subject to Section “Governing law and jurisdiction”, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and the Company regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
The Company may transfer or assign any and all of its rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms, you give the Company consent to any such assignment and transfer. You confirm that placing on the Website a version of these Terms indicating another person as a party to the Terms shall constitute valid notice to you of the transfer of the Company’s rights and obligations under the agreement (unless otherwise expressly indicated).
All information communicated on the Website is considered an electronic communication. When you communicate with us through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
In no event shall the Company be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Company’s reasonable control.
Changes to the Website or Services
We reserve the right to modify, correct, amend, enhance, improve, or make any other changes to, or discontinue, temporarily the Services and any Content therein, without notice, at any time we have no obligation to provide support or maintenance for the Services under these Terms. However, we may, at our sole discretion, provide limited technical support, upgrades and updates for the Services. You hereby agree to receive such updates and upgrades as part of your use of the Services.
Amendments to the Terms
We reserve the right to periodically amend these Terms from time to time, at our own discretion, so please re-visit this page frequently. Any changes will become effective immediately upon the display of the revised version. The most recent version of these Terms will always be posted. If we make any changes, the updated date at the top of these Terms will be reflected in the “Last revised” heading. Your continued use of the Website, following the display of such modified terms, constitutes your acknowledgement and consent of such amendments and your agreement to be bound by the terms of such amendments. In the event of a material change, we will do our best to provide a written notification.
