Vers. 12th September 2024
1. PURPOSE and DEFINITIONS
1.1 The present
general terms of the contract (hereinafter, "GENERAL TERMS")
contain the terms and conditions governing the provision of the Havemeet Service
(hereinafter also the "Service") available on the site www.havemeet.com (hereinafter the "Site"). The GENERAL TERMS are agreed upon
by You, as User of the services (hereinafter,
"You"or"User") and the Company Iumob
S.r.l., Via Comelico 3, 20135 Milano, VAT number IT07048770965 (hereinafter,
"Havemeet" or the "Company", and jointly with
the User, the "Parties"). The present GENERAL
TERMS govern and regulate the Service provided by the Company to the
User by means of the Site, cancel any previous provision
between the Parties not expressly cited or attached, and constitute the set of
rights and obligations between the Company and the User.
The Site aims to facilitate communication between Users in
order to facilitate the emergence of new friendships.
1.2 In addition
to the terms and words defined elsewhere herein, the following are defined:
"Subscription"
means the period of time subscribed to paid Services;
"Rate
plans" means the types of Subscription available on the Site,
using the ways described in article 3.2 below;
"Cases
of Force Majeure" mean, by way of example and not exhaustively,
pursuant to and for the purposes of the GENERAL TERMS: lockouts, strikes,
absolute lack of means of transport, war, revolt or other military
actions, floods, fires, lightning, explosions, accidents, power outages,
interruptions, malfunctions or overloads of telephone or Internet lines,
delays or defaults by Havemeet's third party
suppliers or any other event that is beyond the reasonable control of Havemeet,
and which prevents the full and correct fulfilment of Havemeet s
obligations set forth herein;
"Chat"
messaging service of the Site that allows interactions between Users
"Content" means any information, data, video, image, photo, text,
description, indication, personal detail, interest, hobby, presentation
provided by the User and uploaded to the Site ;
"Effective
Date" means the date on which these GENERAL TERMS are accepted by
the User
"Duration
of Contract" means the duration of these GENERAL TERMS, as
specified in article 8 below;
"Meetings"
means the Site page where Users appear, and their
affinities can be selected;
"Party"
means Havemeet or the User;
"Profile"
means the User 's personal and private web page on
the Site, linked to the account created at the time of
registering;
"Recap" means the column present on some pages of the Site where
the User 's activities and popularity on the Site are
recorded and summarised;
"Search"
means the Site function that allows the User to search
for other Users;
"Advanced
Search" means a Site function that allows Users
to search for other Users after having Subscribed to the service;
"Services"
means the services available to the User on the Site,
as specified in article 3 herein;
"Subscription
Services" means the services
available to the User who has purchased a Subscription present
on the Site, as specified in article 3 of these GENERAL CONDITIONS
“On-Demand Services” means
the additional services that the User can purchase in order to supplement the
products and services provided with their subscription.
"On-Demand section"
means the web page on the Site where it will be possible to
view the different purchasable offers of
packages of credits/messages to access specific functionalities;
"Status
- Profile Info" means phrases published by the User that
can be viewed by other Users;
"Territory" means the geographic area chosen by the User as
a reference when searching for other Users;
2. COMPLETING THE CONTRACT
We inform you
that by pressing the "Sign up" button when registering with the Site or,
in any case, by using the Service, you declare
that you have read and expressly accept these GENERAL TERMS. Registering with Havemeet
and using the Service are completely free (except for costs
for computers, applications and telecommunications equipment and Internet
connection costs, which are met by the User based on rates
established by your provider). If you do not agree with even one of the terms
and conditions herein, we kindly invite you not to use the Service and
to leave the Site. You acknowledge and agree that the
Services you use on the Site are designed to put Users in
contact, and that Havemeet simply provides a contact-enabling platform.
The Company therefore is not and shall not be party to or
responsible for individual contacts between Users, or for related contents.
3. HAVEMEET'S SERVICES
3.1 In
completing the Profile when registering, the User enters the territory,
gender (Male/Female/other) of Users he/she is looking for, the nickname by
which he will be known on the Site and age. This profile is
then validated by reception of an e-mail and relative confirmation. After the
account is validated, the User must upload a photo in order to
have a Public Profile on the Site (for uploading tips see the
FAQ, available here). In the Profile the User can
enter the Contents that concern him/her, making changes at any time, with a
dedicated page for photos (both public and private). The Site consists
of a number of areas in addition to the Profile, some of which are available
only to Users with Subscriptions. The User recognises and
accepts that only through his/her Profile will he/she will be able to use the
Services of the Site, for example searching for other Users through
the Search function, viewing messages in the chats, and that his/her Profile
can be viewed by other Users. To use the Services, the User must have
applications and made the necessary settings for the correct functioning of
the Service, for example and not exhaustively:
The Company does
not guarantee that the Services can be used if the User uses a
popup window-blocking utility. Such a function must be disabled before using
the Service. Furthermore, the User must have the
competence, equipment and applications required to use the Internet or,
possibly, Internet and telephone services, and recognise that Internet features
and constraints allow him to guarantee the protection, availability and
integrity of data transmissions via the Internet. In view of these conditions,
the Company does not guarantee that the services will work
without interruptions or malfunctions. In particular, their use may be
temporarily interrupted for maintenance, updating, technical improvements,
modification of contents or of site presentation. Whenever possible, the Company will
inform the Members in advance of maintenance or updating operations. Likewise,
the Company cannot be held responsible for any malfunctions,
lack of access or poor usage conditions of the Site that may
be attributable to an unsuitable device, malfunctions inside the User's
Internet provider, Internet traffic and any other reason beyond the Company's control.
At the time of registering, a questionnaire will be given to outline the
desired profile of the person being sought. These data, in addition to other
personal data, will be recorded in the Company 's database,
and can be compared with the data of all other Company users
in order to provide information on the compatibility of two members, based on
the Company's proprietary algorithm. Based on the comparison of the
User's profile with the data of all other members contained in the database, the
User will receive a list of users with whom he/she might be compatible. All of the supplied information will in any case be
processed in accordance with the Privacy
Policy provided.
3.2 Purchase
of Subscription
These terms apply only to
purchases made via credit or debit card.
3.2.1 The Site includes
some services that can only be accessed upon payment of the Rate Plans and
acquisition of the Subscription. The User acknowledges and agrees that he will
have the chance to use the Subscription Services of the Site only upon purchase
of the Subscription. The User acknowledges and agrees that the Services will be
activated following payment of the Subscription. The costs of the various
subscription types are shown on the purchase pages, and will be viewed by the
User before each payment. The User expressly acknowledges and accepts that the
Company may change the costs of the types of subscriptions at any time, also
with reference to Users already registered and / or subscriptions in progress.
The User expressly acknowledges and accepts that, at the time of each payment
made through the Site, together with the amount indicated on the
purchase pages, sales tax (or other similar taxes that may be applicable to a
specific payment, except where these are not provided for) will also be
charged, calculated on the basis of the information provided by the User directly
and/or indirectly (by way of example but not limited to, through the IP address
or information relating to the means of payment used). The amount of taxes paid
will in any case be clearly indicated in the summary of the purchase. The User authorises
the Company to charge the total of the above-mentioned amounts. Costs may vary
based on current promotions and special offers. The proposed subscription plans
all include automatic renewals upon expiry of the relative Contract. In order
to correctly identify the taxes to be charged, Users further expressly
acknowledge and accept that (i) Usersthat are ordinarily resident outside the
European Union may only purchase paid services in the country in which they
ordinarily reside, while (ii) Users that are ordinarily resident in the
European Union may only purchase paid services within the European Union. If
paid services are subject to sales taxes under these GENERAL TERMS in the
country to be considered for taxation purposes and the User has failed to pay
them by not providing correct information on the country from which the
purchase takes place, the User shall be liable for their payment and for any
penalties, outstanding payments or interest due to the competent tax
authorities.
Costs may vary based on
ongoing promotions and proposed offers. The types of Subscription available
with automatic renewal are indicated, and are as follows:
Promo
(e.g. trial period from 1 to 7 days), then type C subscription
1 month
or equivalent credit packet with an automatic renew every 30 days
3
months or equivalent credit packet with an automatic renew every 90 days
4 months or equivalent credit package with
automatic renew every 120 days (“Gold” Package)
6
months or equivalent credit packet with an automatic renew every 180 days
In the
Subscription Section the User compiles the data necessary for
the payment, enters his/her details, contacts and billing references. The User acknowledges
and accepts that the payments and all management of the data needed for such
payments are entirely managed by international payment service providers
(so-called Payment Processors) in possession of the relevant authorisations and
licences needed to provide this service.
The subscribed User has
access to a dashboard in the Profile, in which there is a summary of the status
of the Subscription, through which he/she can manage payment methods.
3.2.2 The
contract entered into by the Company and the User shall
be deemed to be concluded with the Company's acceptance, full or
partial, of the order. By placing an order in the various ways provided, the
User declares he/she has read all the information provided herein and/or during
the purchase procedure, and fully accepts the general and payment terms and
conditions given below. If the User is a consumer (i.e. a
natural person who registers for purposes that do not relate to his or her
professional activity meaning that he/she does not make the purchase by
indicating on the order form a VAT number as defined in Article 3, paragraph 1,
letter a) of the Italian Consumer Code - hereinafter the "Consumer"),
once the online purchase procedure has been completed, the Company shall send
him or her by e-mail, inter alia, the link to these Conditions, which the User
shall print or save and in any case preserve, in accordance with the provisions
of the current Italian Consumer Code. All rights of the User shall be excluded
for damages or indemnification, as well as any contractual or extra liability
for direct or indirect damage to persons and/or property caused by the Company's
full or partial non-acceptance of an order.
3.2.3 Purchase
methods. The User can purchase the Subscription Services
through the Site. The correct receipt of the order is confirmed by
the Company by means of an e-mail reply, sent to the e-mail
address communicated by the User. This confirmation message will
contain, in addition to the link to these Terms of Sale, the Date and Time of
execution of the order and a 'Customer Order Number', to be used in any further
communication with the Company. The message repeats all the data
entered by the User who undertakes to verify its correctness and
communicate any corrections to make promptly, according to the methods
described herein. In the event of non-acceptance of the order, the Company will
communicate the decision to the User in a timely manner.
3.2.4 Right
of withdrawal. By registering for Subscription Services, the User expressly
declares and agrees to waive the right of withdrawal in accordance with Art. 59
of the Italian Consumer Code which states: "The right of
withdrawal provided for in Articles 52 to 58 for distance and off-premises
contracts is excluded in respect of [...] o) the supply of digital content by
means of a non-material medium if the performance has begun with the consumer's
prior express consent and his acknowledgement that, if so, he would have lost
his right of withdrawal".
3.2.5 Conditions
for subscription purchases.
Website purchases can be made via following
payment methods: Credit Card or Debit Card. After purchasing, the
User authorises us to use the chosen payment method. After purchasing, the User authorises us to use the chosen payment method. In the event of registration to the Service via
Credit Card or Debit Card payment, upon the conclusion of the online
transaction, the reference bank will authorise only the amount relating to the
purchase made. The relative amount will actually be charged to the credit or
debit card(s) entered by the User when registering or at a
later time, these can be managed/viewed completely independently
by the User in the appropriate section of the Site. The card update procedure may require card verification with a possible charge of €1. The
method of payment can be made via a single payment for the entire amount or for a
portion thereof through multiple payments until the total amount of the
purchased subscription is paid off (the amount of these fractional charges are €2.49, €4.99, and up to a maximum of €9.99). In the event of cancellation of the order,
if the Company does not accept the order, the Company will
promptly request the cancellation of the transaction and release of the
committed amount. For some card types, release times depend exclusively on the
banking system, and can arrive at their natural expiration (24th day after the
authorisation date). Once the transaction has been cancelled, the User acknowledges
and expressly agrees that in no case can the Company be held
liable for any damages, direct or indirect, caused by a delay by the banking
system in the failure to release the amount committed. The Company reserves
the right to request additional information from the User (e.g.
landline phone number) or to send copies of documents proving ownership of the
Card used. In particular, the User
hereby acknowledges and accepts that the Company may be required, on the basis
of the agreements with the banks providing the payment systems, as well as by
virtue of the regulations in force, to verify that the User is the
actual owner of the means of payment that he/she declares he/she intends to use
for the purposes of payment of the Fees. In the absence of the required documentation,
the Company reserves the right to refuse the order. At
no time during the purchase process is the Company able
to know the information relating to the buyer's card or other payment methods,
transmitted via secure connection directly to the Site of
the bank managing the transaction. These data will not be kept in any of
the Company's archives. Under no circumstances
can the Company be held liable for any fraudulent or
improper use of cards or other payment
methods by third parties at the time of payment. For further information on the
processing of the purchaser's card or other payment methods information, please
read the policy provided by the bank.
3.3 Automatic
renewal of the Subscription. The User acknowledges and
expressly accepts that upon expiry of the scheduled period, the Subscription
will be automatically renewed under the same purchase terms, barring ongoing
promotions. The User can prevent the automatic renewal
directly from his/her Profile section by sending a notice of termination, to be
communicated via the contact form within the deadlines set out
hereafter. For more information, it is possible to call the number +39
0294752806.
At
least before the expiry of type A subscription;
At
least 15 days before the expiry of type B subscription;
At
least 30 days before the expiry of type C subscription;
At least 40 days before the expiry of type D subscription;
At
least 60 days before the expiry of type E subscription;
Automatic renewal does not
apply to purchases made through PayPal, Apple Pay and Google Pay.
The User acknowledges
and accepts that it is necessary to indicate the username or e-mail address
used during registration, otherwise the cancellation request is void, as it
does not allow the User to be identified. The User therefore expressly accepts
and authorises the Havemeet manager to automatically renew the subscription -
and continue with payments according to the method chosen by the User when
purchasing the subscription plan, without the User having to re-enter their
credit card details - in the absence of cancellation as per the terms and
conditions herein. In the event that the full
amount is not available on the chosen payment method, payment of the
Subscription will be subject, where necessary, to an instalment payment based
on the amount of liquidity on the chosen payment method.
3.4 On
Demand Purchases
3.4.1 With credit or debit
card. If the User has
purchased a subscription and has fully utilized the expected number of credits,
they may supplement the services included in the chosen subscription plan by
purchasing additional credit packages on-demand. During the subscription
process to the subscription plan, the User also authorizes any charges for
on-demand purchases to be made on the card or other payment method entered
during registration or at a later stage. In specific cases and based on
various promotions available on the site, the User may purchase
packages consisting solely of Credits and/or Messages. The purchases of credits and/or messages does not entail any
subscription for the customer; therefore, payment will only be made at the time
of purchasing the desired package and only upon the customer’s request.
Packages purchased on-demand
and not used during the validity period of the account will be forfeited, and
they cannot be accumulated, transferred, or refunded.
The
User can use the purchased On Demand packages for additional functions
within the service. Depending on the type of package chosen, the corresponding
number of credits/messages will be deducted accordingly. The User can
check the number of credits/messages remaining at any time by accessing their
profile.
3.4.2 With PayPal, Apple Pay and Google Pay payment method it is only possible to purchase Credit and/or Messages. The costs of the various packages are shown on the purchase
pages, and will be shown to the User before each payment. The User
expressly acknowledges and accepts that the Company may change the costs
of the types of packages at any time, including for already registered Users.
The User authorises the
Company to charge the total of the above-mentioned amounts. Costs may vary
based on current promotions and special offers. The proposed credit or messages
packaged do not include automatic renewals and do not expire.
In case of purchases using PayPal account as a method of payment, the
transaction will be handled by PayPal and the User’s account will be charged
with the amount related to the purchase made on the website. The User will be
able to manage the account and the associated payment methods directly from
his/her PayPal account.
In case of purchases using Apple Pay, the amount related to the purchase
made on the site will be charged to the credit or debit card that the customer
has saved in their Apple Pay Wallet. The user can manage the cards linked to
Apple Pay directly through the Wallet app on their device.
In case of purchases using Google Pay, the amount related to the
purchase made on the site will be charged to the credit or debit card that the
customer has saved in their Google Pay Wallet. The user can manage the cards
linked to Google Wallet directly through their Google Wallet profile.
The User who has purchased a package of credits or messages
has access to a dashboard in the Profile, in which there is a summary of the purchase.
3.5 The User acknowledges
and agrees that Havemeet reserves the right to propose different rates or free
access to certain User categories, or in the event of particular commercial
promotions that may be take place, even by means of dedicated codes and/or
specific targeted marketing initiatives.This category of special offers includes the Plus promotional packages. With this type of package, the User is periodically entitled to have double amount of credits on a regular basis compared to the packages priced at 2,99€ and 4,99€. The price and payment methods for the
various Services are constantly available on the Havemeet Site and can be
viewed prior to use of the Services to which the User wishes to
subscribe, and prior to the use of the related Rate Plans.
3.6 The User on
the Site shares Contents, and recognises and accepts that other Users can view
and interact with those Contents. With our Services you can send messages and
share information in various ways, such as through the User Profile, links,
Status and messages. The information and content that the User shares or
publishes can be seen by other users registered with the Site.
3.7 The User The
User can search for other Users through the Search and Advanced Search
functions. Advanced Searches are reserved for users who have signed up for a
Subscription, and requires the selection of more than one parameter when
searching for other Users.
3.8 The User acknowledges
and expressly agrees to use the Site, any mobile applications and emails to
receive important communications from Havemeet. These GENERAL TERMS also apply
to mobile applications. Furthermore, the User agrees that some additional
information - such as Contents - may be shared with Havemeet. The User
acknowledges and expressly agrees that if the contact information provided to Havemeet
is not up to date, he/she may lose the aforementioned communications. The User
agrees that Havemeet may send notices in the following ways: (i) a banner
notice appearing in the Services, or (ii) an email sent to an address provided
by the User, or (iii) by other means, including the mobile phone number,
landline phone or traditional mail. The User agrees to keep his/her contact
information up to date.
3.9 The User acknowledges
and agrees that if he/she infringes the law, third party
rights or these GENERAL TERMS, Havemeet may at its complete discretion suspend
or interrupt provision of the Services to the User, close the User's
account, prevent access to the Site or take any other action
needed to protect Havemeet 's existing or potential rights and interests.
Furthermore, Havemeet reserves the right to cancel or suspend the User 's
account if it is not used for more than six months. Havemeet is not obliged to
publish any information or content on the Services, and is entitled to remove
such information at its sole discretion, with or without notice.
3.10 the Company reserves
the right to delete the information and content that the User has
published in breach of these terms and conditions. The Company reserves
the right to suspend or interrupt the Services or change and modify them at its
discretion. Havemeet is not a data storage service. The Company reserves
the right to delete Users' messages when 6 months have elapsed since their
submission. The User accepts that the Company has
no obligation to keep, maintain or provide a copy of any content or information
that the User or other persons has provided in breach of these
terms and conditions, except to the extent required by applicable law and as
indicated in the Privacy Policy.
3.11 The Service aims
to ensure the present GENERAL TERMS are complied with, and to exclude from
the Service anyone who, by undersigning them, use it in a
different way. If you believe that a profile is fake, or if you receive
incorrect messages from another User, such as spam, advertising,
vulgar or threatening messages, inappropriate content, an invitation to use pay
phone numbers and similar, please report the problem by clicking on the link
"Block User" present on the profile of the User you wish
to report. If Havemeet Users do not comply with these GENERAL
TERMS, or if anomalies are reported regarding use of the Service,
in particular regarding Contents, Havemeet staff perform a check, which might
lead to the User being included in the 'Banned' category. If a User is
included among banned Users, the message "you have been banned for
violating Havemeet 's terms and conditions" will be displayed when you
attempt to log in, and will therefore not be able to access the Site. The User
may also contact staff via the contact form to ask for explanations and
report the error. If Staff detect an error, the status of the User will
be immediately restored, otherwise the User will be permanently deleted from
entry in the relative category. The User expressly acknowledges and accepts
that the Company may use, in the event of direct and/or indirect reports, or
the receiving of Content by the Company, a combination of automated reporting
systems and the intervention of moderators to check and verify the presence of
Content that violates these GENERAL TERMS into accounts and messages. Although
the Company reserves the right to review and remove any Content that violates
the GENERAL TERMS, such Content are under the sole responsibility of the User
who posts it. The Company cannot guarantee that all Content present on the
Website from time to time complies with the GENERAL TERMS. In any case, if the
User notices any Content on the Site that violates the GENERAL TERMS, he or she
is requested to report it through the channels indicated in this article 3.11.
4. THE USER'S DECLARATIONS AND GUARANTEES
The User hereby
declares and guarantees he/she:
has
read and understood the GENERAL TERMS;
is of
age, has the ability to act and to sign legally binding contracts;
has
chosen a secure and complex password when signing up; and for the entire
duration of the relationship arising by undersigning these GENERAL TERMS:
(i) will keep the password secure and secret; (ii) will not transfer any
part of the account (for example, links, Contents); (iii) will not allow
third parties to use the account, and (iv) will comply with any applicable
law regarding the management of computer-based accounts;
is
responsible for anything that happens through the account unless he/she
closes it or reports any abuse;
will
only upload information on his/her Profile and Contents that he/she is
entitled to share, and the Profile will be truthful;
will
not upload any personal information (e-mail address, postal address, telephone
number, etc.) to the Site that may allow other Users to
contact him/her by means other than the Services;
will
refrain from reproducing, duplicating, copying, selling, reselling and in
any case exploiting the Site or any part thereof for
commercial purposes, as well as reproducing or using in any way Havemeet
trademarks and logos;
declares
and expressly guarantees that he/she has obtained all the consents and
disclaimers, where necessary, from any possible holder of rights for any
reason on the Contents uploaded to the Site, including, merely
by way of example, in the case of images, to be the holder of the right to
exploit the image right and/or having been authorised to do so;
grants
to Havemeet, on a non-exclusive basis, free of charge, without temporal
and territorial limitations, any and all rights of publication, execution
and representation in public, communication to the public, making
available to the public, distributing, translating, processing, in any
form and by any means, of the Contents that will be available to the
public on the Site (including
the Profile Picture);
hereby
authorises the Company, the third parties authorised by it, to
use single parts or fragments of the Contents and to modify said Contents,
wholly or in part, if this is deemed appropriate by Havemeet or by third
parties for the best exploitation of said Contents pursuant to these
GENERAL TERMS;
will
not publish or use false data, or data aimed at incitement to hatred, of a
homophobic nature, violent towards any minority or in any way slanderous
or defamatory or data that contain advertisements of any kind or links to
other websites;
will
refrain from any form of use, direct and/or indirect, of the Service and
of the Site contrary to law provisions or at odds with
the provisions herein or on the Site;
will
not disclose or disseminate any information or Contents that have the
effect of diminishing, disrupting or preventing the normal use of the
Services, interrupting and/or slowing down the normal circulation of
communications among Users through the Services, such as use of
applications, viruses, trojan horses, sending mass messages (spam), etc. Havemeet
reserves the right to delete messages sent in bulk by a User in
order to guarantee a normal quality of service use for other Users;
will
refrain from uploading to the Site any content that is
obscene, offensive, violent, defamatory, detrimental to personal dignity,
blasphemous and which, in particular, contains: racist statements or
praising the inferiority or superiority of a race, people or culture
compared with others or minorities, apologies for crimes against humanity;
incitement to hatred or violence; sexually explicit, pornographic or child
pornography contents; threats or harassment; information or messages that
provide instructions on illegal activities, induce illegal activities or
that may cause injury to third parties; incitement to dangerous behaviour
and risk emulation by minors or to the use of drugs or animal abuse;
messages, including hidden messages, of a promotional and/or advertising
nature; images not suitable for children (minors);
will
not use software or other automatic or manual mechanisms to copy or access
the pages of the Site or their content.
5. LIABILITY
5.1 The User acknowledges
and expressly accepts that:
the Site puts
Users in contact and enables them to meet, and the Company does
not act directly in any way with reference to the Services available on
the Site, acting merely as a platform for the use of the
Services by the Users;
Users expressly
acknowledge and agree that the Company may employ individuals and profile
assistants without the possibility of meetings to follow and entertain
Users in order to ensure an optimal user experience as well as continued
availability of the Service;
the Company does not carry out (nor is
it authorised to carry out) any type of check or verification, not even on
a sample basis, of the criminal records of its Users, nor checks on
what they have declared in their Profiles, except with reference to
information relating to the means of payment to be used for the purposes
of any Subscriptions or On-Demand Purchases or in the event of specific
report from other Users;
Users are
the only parties with reference to the Services, and the Company is
totally unrelated to the individual relationships between Users, and is
not liable for any unwanted encounters, for this reason we recommend
reading the FAQ section and our relative advice.
The Company therefore
does not make any representations or warranties to the User about,
merely by way of example:
the
quality, lawfulness, security, compliance and features of the Services on
the Site,
the
existence, and the possibility of having real meetings with other users;
the
truthfulness, correctness and completeness of what is published and
declared by other Users, also regarding the information required to be
made known to consumers pursuant to the applicable law.
the
conduct of other Users (current or future) or their compatibility with the
User
5.2 Without
prejudice to cases of wilful misconduct or gross negligence, to the maximum
extent permitted by law, the User acknowledges and accepts
that the Company will in no way be liable to the User for
any damages, losses, costs, charges and expenses, direct or indirect, including
any legal costs, suffered and/or incurred by the User relating
to what has been suffered by other Users and/or, in any case, relating to
the Service pursuant to the GENERAL TERMS. Therefore, no
compensation for damage may be requested by the User from
the Company for any damage suffered in relation to the Service and
will not be in any way liable to the User for any delays or
breaches of its obligations in relation to the Services in the event that such
delays or failures derive from Force Majeure causes.
5.3 The Company is
not necessarily affiliated with any website to which links exist on the Site,
and is not responsible in any way for the content of said websites. These links
are created solely for the convenience of Users, and access to these sites is
at the risk and peril of the Users themselves. A link from the Site to
any other website does not imply that the Company endorses,
supports or recommends that website in any way, or has any control over any
aspect of that website's content.
5.4 The
relations or communications made by the User through the Site with
any third party other than the Company are deemed to be
exclusively between the User and the third party. Some
sections of the Site may provide links to websites that make
it possible to effect transactions or purchase goods or services. These
operations may be conducted by third-party partners or by vendors. Under no
circumstances shall the Company be liable for any goods,
services, resources or content made available through such relationships or
communications with such third parties, or for any related damage. The User is
wholly liable for carefully monitoring the practices and policies adopted by
said third parties before entering into any transaction. Any complaints or
questions raised by the User regarding materials or
information provided by third parties must be sent directly to such third
parties.
5.5 The Company does
not have the means to check and cannot guarantee the personal identity and
existence of the Users. The Company therefore cannot be held
liable in the event of identity fraud involving a User. If
the User has reason to believe that third parties are using
his/her login credentials or account, he/she is obliged to immediately inform
the Company. If a User wishes to present a
friend, and provides the Company with the relevant data,
he/she undertakes to obtain the express consent of the friend to the processing
of personal data by the Company, which will be used exclusively to
send him/her, in the name and on behalf of the User providing
the data to the Company, an electronic message to inform him/her of
the Services offered. The User is also solely liable towards
the Company for this friend and third parties, and for the
consequences of the transmission of his/her data to the Company.
6. PRIVACY
The Company respects
and protects the privacy of its Users.
The Company does
not use your personal data for marketing purposes and/or sending commercial
communications and/or direct sales without having obtained your prior express
consent.
The User accepts
that the Company reserves the right to access, store, use and
process all information it provides in accordance with the terms of the Privacy
Policy
We also remind
you that, by accessing your personal area on the Site, you may
correct or update your personal data at any time.
7. TRANSFER
The User may
not transfer some or all of the present GENERAL TERMS to third parties.
The Company may at any time transfer these GENERAL TERMS to
third parties in its entirety.
8. DURATION AND SURVIVAL OF CLAUSES
8.1 These
GENERAL TERMS come into force from the Effective Date, will remain in force for
a period of 1 (one) year from that date and will be automatically renewed for
subsequent periods of one year each, unless one Party communicates to the other
Party by registered letter with advice of receipt the User's intention not to
renew the GENERAL TERMS at least 30 (thirty) days prior to the deadline for
each renewal.
8.2 The
following articles of the GENERAL TERMS shall remain valid and effective even
after the conclusion of these GENERAL TERMS: art. 4 (User Declarations
and Guarantees); art. 5 (Liability); art. 11 (Applicable Law and
Jurisdiction); art. 13 (General Clauses).
9. WITHDRAWAL
Without
prejudice to Article 3.2.4, each Party may withdraw from these GENERAL TERMS at
any time, by simple written communication to the other Party, giving at least 5
(five) days' notice. It is understood that, also in the event of withdrawal,
the Company reserves the right to cancel or suspend the User's
Profile. Upon withdrawal from these GENERAL TERMS by the User,
the Company reserves the right to withhold the sums already
paid for unused Rate Plans, without prejudice to the provisions of article 3.3
above.
In the event of
withdrawal by the User, no refund can be requested for amounts
already paid.
9.1 The User
shall be entitled to a refund guarantee if, during the subscription period, the
User has not had any contact with other users.
In order to be
eligible for a subscription refund, the User must have complied with the
following terms of service during the validity period of the subscription plan.
The conditions
to be met to qualify for a refund request are as follows:
1. Have checked the mailbox daily and have read
and clicked on the communications received by the service;
2. Have contacted members of the service via
internal chat on a daily basis;
3. Have completed and updated the personal
profile on the service at least on a weekly basis.
4. Have uploaded and updated the profile photo
on a monthly basis.
The User
who has respected these points mentioned above and has not interacted with
other members of the site, will be qualified to a refund of the subscription.
Contacts are
exchanges of messages through internal chat and any other type of interaction
with other subscribers through the platform.
Requests that
meet the above conditions can be sent to our customer care by writing in the
subject "Refund Guarantee" via email. Our team will analyse the
request and will provide a response.
This warranty does not apply
to packages purchased on-demand.
10. TERMINATION
Without
prejudice to the other provisions provided elsewhere in these GENERAL TERMS, if
the User breaches Articles 3.2, 4 or 7 of these GENERAL TERMS,
the Company reserves the right to suspend the User's
Profile and, if necessary, to terminate the GENERAL TERMS as of right, upon
simple notification (by e-mail) that the Company wishes to
apply this clause. This termination will be with full title, without prejudice
to the Company's right to take action against the User or
his/her assignors to obtain compensation for any damage suffered as a result of
improper use of the Service. The data regarding the User will be
destroyed immediately upon his/her express request or in any case by the Company within
the period provided for by the applicable legislation and necessary for the
protection of the interests of the Company and/or the
other Users.
11. APPLICABLE LAW AND JURISDICTION
11.1 These
GENERAL TERMS are entirely governed by Italian law.
11.2 Without
prejudice to norms protecting consumers in the matter of competent court, any
dispute arising between the Parties in relation to the validity,
interpretation, execution and termination of these GENERAL TERMS and/or in any
case in connection with these GENERAL TERMS will be the exclusive competence of
the Court of Milan, with the exclusion of any other competing or alternative
court.
12. AMENDMENTS
The Company reserves
the right to update or change these GENERAL TERMS at any time, in the event
that such updates or amendments are necessary to adapt the Service to legal
provisions or supervised regulations, to implement security measures that
become necessary to optimise the provision of the Service or
improve the features of the Service. The Company shall
inform Users about changes that have been made directly on
the Site. Changes to the GENERAL TERMS will be automatically valid
and effective, starting from the tenth day from the date of publication on
the Site and will be deemed to be accepted by the User.
The User acknowledges and agrees that he/she will be responsible for
periodically checking the page of the Site showing the GENERAL
TERMS in order to check for any updates. In the event of changes to these
GENERAL TERMS, theUser will in any case be entitled to withdraw, a right that
can be exercised at any time by simple written communication to the Company or
by directly closing his/her account on the Site via his own
personal area.
13. GENERAL CLAUSES
13.1 Any
tolerance on the part of the Company towards the User's
behaviour that breaches any provision of the GENERAL TERMS does not constitute
a waiver of the rights deriving from the violated provision, nor of the right
to demand the correct fulfilment of all the provisions contained herein.
13.2 Any failure
or delay in exercising a right pertaining to Havemeet pursuant to the GENERAL
TERMS shall not be considered as a waiver of its rights.
13.3 The GENERAL
TERMS contain the overall agreement reached by the Parties with respect to
their subject matter, and they prevail over all previous communications,
declarations and agreements, both oral and written, reached by the Parties.
13.4 If any term
or other provision of these GENERAL TERMS is declared invalid, voidable or
unenforceable, all other conditions and provisions herein will remain, in any
case, fully valid and effective. If any term or provision is erased due to it
being invalid, contrary to mandatory rules or unenforceable, the Parties
undertake to negotiate in good faith and modify these GENERAL TERMS in such a
way as to best achieve the original intention of the Parties in order to fulfil
in the best possible way the commitments made herein.
13.5 Havemeet
and Users act in full autonomy and independence. The present
GENERAL TERMS do not give rise to any relationship of collaboration, agency,
association, intermediation or subordinate employment between Havemeet and
the Users.
13.6 Any communication from one Party to the other pursuant
to the GENERAL TERMS shall be sent either by registered letter or by e-mail
(with the notification of receipt option) to the following address Iumob Srl,
Via Comelico, 3, 20135 Milano or via the contact form.
14. UNFAIR CLAUSES
The User
acknowledges and accepts that certain paragraphs of the GENERAL TERMS contain
unfair clauses, including the points listed below and that, therefore, he/she
must expressly accept during registration, pursuant to articles 1341 and 1342
of the Italian Civil Code: 2. Conclusion of the Contract; 3. The Havemeet
Services (in particular, 3.2, 3.3, 3.4, 3.5, 3.7, 3.8, 3.9, 3.10 and 3.11); 4.
Declarations and Warranties of the User; 5. Duration and Survivalof Clauses; 9.
Withdrawal; 10. Termination; 11.Applicable Law and Jurisdiction; 12.
Modifications. The User is invited to carefully read the
aforementioned clauses before concluding Registration on the Site, waiving any
claim in relation to the abovementioned clauses, also by way of reimbursement
or compensation.