Terms & Conditions

SAFER DATE TERMS AND CONDITIONS OF USE & EULA

These terms and conditions apply between you, the User of Safer Date’s online platform which includes the website (including any sub-domains, unless expressly excluded by their own terms and conditions) and mobile application (“app”), and Safer Date Ltd, the owner and operator of the Safer Date website and mobile application.

Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Safer Date website and/or app. If you do not agree to be bound by these terms and conditions, you should stop using the Safer Date website and app immediately. 

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. By placing an order on our website or app, you agree that you fully understand these terms and conditions and our privacy policy, and that you will always abide by these terms and conditions.

In these terms and conditions, User or Users means any third party that accesses the Safer Date website and/or app and is not either (i) employed by Safer Date Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Safer Date Ltd and accessing the Safer Date website and/or app in connection with the provision of such services.

1. Introduction

1.1    These terms and conditions shall govern your use of our Safer Date website and app.

1.2    By using the Safer Date website/app, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Safer Date website or app.

1.3    If you register with our Safer Date website/app, submit any material to our Safer Date website/app or use any of the Safer Date services, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 18 years of age to use our Safer Date website and app; by using our Safer Date website and/or app or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5   We will only use your personal information as set out in our Privacy Policy: [https://saferdate.co.uk/privacy-policy/].

2. Intellectual Property and Copyright Notice

2.1    We are the owner (or licensee) of all intellectual property rights in our Safer Date website and app and the content published on them. In these terms and conditions, ‘Content’ means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of the Safer Date website and app. By continuing to use the Safer Date website/app you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

2.2    Subject to the express provisions of these terms and conditions:

(a)      all the copyright and other intellectual property rights in our Safer Date website and app and the material on our website and app are reserved;

(b)      any content you upload to the Safer Date website or app will be considered non-confidential and non-proprietary. You represent and warrant that you own or otherwise control all the rights to the Content you post, that the Content is accurate, that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person, and that you will indemnify Safer Date Ltd for all claims resulting from Content you supply. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties (see clause 12.2 below).

3. Permission to Use the Safer Date Website & App

3.1    You may:

(a)    view pages from our Safer Date website in a web browser;

(b)    use the Safer Date website by means of a web browser;

(c)    use the Safer Date app on a mobile device

         subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our Safer Date website or app or save any such material to your computer or mobile device.

3.3    You may only use our Safer Date website and app for your own personal use; you must not use our Safer Date website and app for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Safer Date website and app.

3.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our Safer Date website and app (including republication on another Safer Date website/app);

(b)    sell, rent or sub-license material from our Safer Date website and app;

(c)    show any material from our Safer Date website and app in public;

(d)    exploit material from our Safer Date website and app for a commercial purpose; or

(e)    redistribute material from our Safer Date website and app.

3.6    Notwithstanding Section 3.5, you may redistribute our newsletter and any marketing material in print and electronic form to any person.

3.7    We reserve the right to suspend or restrict access to our Safer Date website and app, to areas of our Safer Date website and app and/or to functionality upon our Safer Date website and app. We may, for example, suspend access to the Safer Date website and app during server maintenance or when we update the Safer Date website and app. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Safer Date website and app.

4. Misuse of the Safer Date Website and App

4.1    You must not:

(a)    use our Safer Date website and app in any way or take any action that causes, or may cause, damage to the Safer Date website/app or impairment of the performance, availability, accessibility, integrity or security of the Safer Date platform;

(b)    use our Safer Date website/app in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    hack or otherwise tamper with our Safer Date website/app;

(d)    probe, scan or test the vulnerability of our Safer Date website/app without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to our Safer Date website/app;

(f)     use our Safer Date website/app to knowingly copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, adware, computer virus, Trojan horse, worm, time-bombs, keystroke logger, rootkit or other harmful/malicious computer software or code designed to adversely affect the operation of any computer software or hardware;

(g)    impose an unreasonably large load on our Safer Date website/app resources (including bandwidth, storage capacity and processing capacity);

(h)    decrypt or decipher any communications sent by or to our Safer Date website/app without our permission;

(i)     conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Safer Date website/app without our express written consent;

(j)     access or otherwise interact with our Safer Date website/app using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k)    use our Safer Date website/app except by means of our public interfaces;

(l)     violate the directives set out in the robots.txt file for our Safer Date website/app;

(m)   use data collected from our Safer Date website/app for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);

(n)    do anything that interferes with the normal use of our Safer Date website/app; or

(o)    use the Safer Date website/app to bully, insult, intimidate or humiliate any person.

4.2    You must ensure that all the information you supply to us through our Safer Date website/app, or in relation to our Safer Date website/app, is true, accurate, current, complete and non-misleading.

5. Registration and Accounts

5.1    To be eligible for a membership on our Safer Date website/app under this Section 5, you must be resident or situated in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations outside of the United Kingdom.

5.2.   You must ensure that the details provided by you on registration or at any time are correct and complete.

5.3    You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

5.4    We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

5.5    You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Safer Date website and app. Cancellation or suspension of your registration does not affect any statutory rights.

5.6    You may apply for a membership with our Safer Date website/app by completing and submitting the account registration form on our Safer Date website/app, along with your payment. You will then receive instructions about how to apply for the identity check and enhanced background check. Your membership will not be approved until you have successfully passed the background checks and ID check (please see section 8 below for examples of why an individual may not pass our background check).

Please note: If you do not pass our ID and/or background checks, you will not be allowed to join Safer Date Ltd as a member. Any membership fee that you have paid will be refunded to you, minus the cost of the background and ID checks which equates to £105 including VAT. The fee for the background and ID checks is non-refundable.

5.7    You must not allow any other person to use your account to access the Safer Date website and/or app.

5.8    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.9    You must not use any other person’s account to access the Safer Date website and/or app.

6.User Login Details

6.1    If you register for an account with our Safer Date website/app, you will be asked to choose a user ID and password which must be secure.

6.2    Your user ID must not be misleading and must comply with the content rules set out in Section 13; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3    You must keep your password confidential.

6.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5    You are responsible for any activity on our Safer Date website and/or app arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

7. Cancellation and Suspension of Account

7.1    We may:

(a)    edit your account details;

(b)    temporarily suspend your account; and/or

(c)    cancel your account, at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 7.1.

7.2    You may cancel your account at any time on our Safer Date website/app using your account control panel on the Safer Date website/app. You will not be entitled to any refund if you cancel your account in accordance with this Section 7.2.

8. Dating Services

8.1    Before you can become a member of Safer Date Ltd, you must pass certain criteria to meet our requirements. You must pay the applicable subscription fees and background & ID checking fees during the account registration procedure.

During this procedure, you will be asked to provide credentials including a passport-style photograph and photographs of supporting documentation such as a driving licence or passport. You will also be asked to record a short video using your mobile phone’s camera, performing a simple action. This information will be sent to our partner Credas who will use it to validate your identity. If your ID check is successful, we will then share your personal data with IYE Global Ltd (in accordance with our Privacy Policy) to conduct your background check. If your background check comes back clear without any cause for concern, we will send you an email confirmation to let you know that your membership has been approved, at which point the contract between us for the supply of the Safer Date website and/or app services shall come into force.

If we receive notice that there is something of concern during your background checks, we reserve the right to reject your membership with immediate effect. We will not provide any details of the reason for the rejection and are under no obligation to do so.

Reasons for membership rejection include but are not limited to:

  1. a history of serious criminal activity pertaining to violence, fraud, physical or mental abuse, or any other offence which caused harm to another human being or animal; and/or
  2. insolvency; and/or
  • a history of drug abuse.

We reserve the right to reject membership to our Safer Date website and app. You will be notified by email if your membership is rejected. Any membership fee that you have paid will be refunded to you, minus the £105 cost of the background and ID checks.

We aim to process all background checks within 3 working days following successful identification. By submitting an order, you understand that the background checks may take longer than 3 working days in some cases, which is beyond our control.

Background checks will be repeated every 12 months. By signing up to Safer Date Ltd, you agree that we have the right to carry out these checks every 12 months whilst you are a member.

By registering with Safer Date Ltd, you understand that the background checks identify past criminal activity but will not show crimes that have not yet been recorded or prosecuted. 

We can assure you that we will not allow ANY member to join our site if their background checks show that they have a history of serious criminal offences or if their identity cannot be sufficiently verified.

However, we cannot be held responsible for any crimes a member may have committed but in relation to which that member has not been convicted or cautioned nor for any crimes a person may commit in the future and we accept no liability whatsoever in relation to the above and in registering with Safer Date Ltd you acknowledge and agree this to be the case and acknowledge Safer Date Ltd has no liability in this regard.

You also acknowledge that Safer Date Ltd is relying on third-party providers to carry out the identity and background checks on its behalf. Safer Date Ltd accepts no liability whatsoever for any inaccuracies or omissions in relation to the background and/or identity checks carried out by its third-party providers and you acknowledge and agree this to be the case and acknowledge that Safer Date Ltd has no liability in this regard.

Please note, you are at all times responsible for your own safety and decision making, and Safer Date Ltd accepts no liability for the actions of its members while using the Safer Date website and/or app or otherwise. We cannot guarantee that any information provided by a member is true, accurate, complete, current and not misleading and, subject to Section 16.1, we accept no liability whatsoever or howsoever occurring in respect of any loss or damage arising out of the acts and/or omissions of our members.

8.2    You will have the opportunity to identify and correct input errors prior to making your order throughout the signup process.

8.3    Registered users with appropriate subscriptions will be able to access dating-related services on our Safer Date website/app, which may include:

(a)    the publication of a personal profile on our Safer Date website/app;

(b)    access to our searchable database of other users’ personal profiles;

(c)    live chat with other Safer Date website/app users;

(d)    private messaging of other Safer Date website/app users; and/or

(e)    our automated matching service.

8.4    We may from time to time vary the benefits associated with a subscription but we will always give you prior written notice of the variation, providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.

8.5    At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our Safer Date website/app in accordance with clause 10.11 below.

8.6    Save where expressly requested or permitted by us to do so, you must not add any information to our Safer Date website/app that may facilitate direct communications with other users (including without limitation email addresses, postal addresses, instant messaging IDs, telephone numbers, fax numbers, personal Safer Date website and/or app URLs and social networking profile URLs).

9. Personal Profiles

9.1    All information that you supply as part of a personal profile on the Safer Date website/app must be true, accurate, current, complete and non-misleading.

9.2    You must keep your personal profile on our Safer Date website/app up to date.

9.3    Personal profile information must also comply with the provisions of Section 4 and Section 13.

10. Fees

10.1  The membership fees, ID checking fees, Enhanced Background checking fees and terms of payment are clearly described on our Safer Date website and app. All fees are indicated in British pounds sterling GBP and include VAT at the current rate.

10.2  Total payment for your chosen term will be taken immediately at point of order.

10.3  You must pay to us the fees in respect of our Safer Date website/app services in advance, in cleared funds, in accordance with any instructions on our Safer Date website/app.

10.4  We may vary fees from time to time by posting new fees on our Safer Date website and app, but this will not affect fees for services that have been previously paid.

10.5  If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

10.6  If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)    an amount equal to the amount of the charge-back;

(b)    all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)    an administration fee of £15.00 including VAT; and

(d)    all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.6 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 10.6.

10.7  If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

10.8  We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

10.9  If you fail the ID or background checks, we will refund the cost of your membership, minus the background and ID checking fees of £105 which are not refundable.

10.10 You can upgrade your membership at any time within the Account Management section of our Safer Date website/app.

10.11 Your subscription will be renewed automatically periodically based on the options you have chosen. If you wish to cancel the auto-renewal, you must do so within your Membership Account 48 hours prior to the renewal date. You will receive an email no later than 7 days prior to your renewal date to remind you of the renewal so you can renew or cancel your membership.

11. Distance Contracts: Cancellation Right

11.1  We only offer membership to the Safer Date website/app for individuals’ private and domestic use. 

11.2  You may withdraw an offer to enter into a contract with us through our Safer Date website/app, or cancel a contract entered into with us through our Safer Date website/app, at any time within the period:

(a)    beginning upon the submission of your offer; and

(b)    ending at the end of 14 days after the day on which you completed the online registration form and payment, subject to Section 11.3. You do not have to give any reason for your withdrawal or cancellation.

11.3  You agree that we may begin the provision of services before the expiry of the period referred to in Section 11.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:

(a)    if the services are fully performed, you will lose the right to cancel referred to in Section 11.2;

(b)    if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 11.

11.4  In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 11, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

11.5  If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 11, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 11.

11.6  We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

11.7  We will process the refund due to you as a result of a cancellation on the basis described in this Section 11 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation, minus the cost of the enhanced Background and identity check.

12. Our Rights to Use Your Content

12.1  In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Safer Date website/app for storage or publication on, processing by, or transmission via, our Safer Date website/app.

12.2  You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and, with your specific consent, publish your content on and in relation to this Safer Date website/app.

12.3  You grant to us the right to sub-license the rights licensed under Section 12.2.

12.4  You grant to us the right to bring an action for infringement of the rights licensed under Section 12.2.

12.5  You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

12.6  You may edit your content to the extent permitted using the editing functionality made available on our Safer Date website/app.

12.7  Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

13.Rules About Your Content

13.1  You warrant and represent that your content will comply with these terms and conditions and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

13.2  Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

13.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous, defamatory or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)     constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be in contempt of any court or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)     be blasphemous;

(j)     be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)     depict violence in an explicit, graphic or gratuitous manner;

(m)   be pornographic, lewd, suggestive or sexually explicit;

(n)    be untrue, false, inaccurate or misleading or otherwise be likely to deceive any person;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)     cause annoyance, inconvenience or needless anxiety to any person.

13.4  Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

13.5  You must not use our Safer Date website/app to link to any website or web page consisting of or containing material that would, were it posted on our Safer Date website/app, breach the provisions of these terms and conditions.

13.6  You must not submit to our Safer Date website/app any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

There is no tolerance for any form of abuse or objectionable content on the Safer Date platform. Any users who fail to abide by our policies will be removed from the platform and will be unable to rejoin at any time. This is non-negotiable.

14. Report Abuse

14.1  If you learn of any unlawful material or activity on our Safer Date website/app, or any material or activity that breaches these terms and conditions, please let us know immediately. You can report users from their profile in the app, and also from the in-app chat. 

14.2  To ensure the offensive material is removed from your view, you can also block a user if required. This will ensure that you do not see their profile or chat messages. It also means that they will be unable to contact you again.

14.2  We will review all reported activity within 24 hours and will take appropriate action to remove the user from our platform.

15. Limited Warranties

15.1  We do not warrant or represent (either expressly or impliedly):

(a)    the completeness or accuracy of the information published on our Safer Date website and app;

(b)    that the material on the Safer Date website and app is up to date;

(c)    that the Safer Date website and app will operate without fault; or

(d)    that the Safer Date website and app or any service on the Safer Date website and app will remain available.

15.2  We will use commercially reasonable endeavours to provide access to the our Safer Date website/app 24 hours a day, seven days a week, provided that you acknowledge that (as for every live service) emergency, planned and unscheduled maintenance will be required from time to time.

15.3  We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Safer Date website/app may be subject to limitations, delays and other problems inherent in the access to such communications facilities.

15.3  We reserve the right to discontinue or alter any or all of our Safer Date website/app services, and to stop publishing our Safer Date website/app, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Safer Date website/app services, or if we stop publishing the Safer Date website/app. We will try to give you reasonable notice of any suspension or withdrawal.

15.4  To the maximum extent permitted by applicable law and subject to Section 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Safer Date website and app and the use of our Safer Date website and app.

16. Limitations and Exclusions of Liability

16.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

16.2  The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:

(a)    are subject to Section 16.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

16.3  To the extent that our Safer Date website and app and the information and services on our Safer Date website and app are provided free of charge, we will not be liable for any loss or damage of any nature.

16.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

16.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

16.6  We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 16.6 shall not apply.

16.7  We will not be liable to you in respect of any loss or damage you suffer that is not a foreseeable result of our breaking this contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you know it might happen, for example, if you discussed it with us during the sales process.

16.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Safer Date website/app or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

17. Indemnity

17.1  You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

17.1.1 your use of our Safer Date website and/or app; and/or

17.1.2 any breach by you of any provision of these terms and conditions.

18. Breaches of These Terms and Conditions

18.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our Safer Date website and app;

(c)    permanently prohibit you from accessing our Safer Date website and app;

(d)    block computers using your IP address from accessing our Safer Date website and app;

(e)    contact any or all of your internet service providers and request that they block your access to our Safer Date website and app;

(f)     commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our Safer Date website and app.

18.2  Where we suspend or prohibit or block your access to our Safer Date website and app or a part of our Safer Date website and app, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

18.3 Where we suspend or delete your account for your breach or suspected breach of these terms and conditions, we will refund any money you have paid in advance for services we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of you breaking the contract.

19. Third Parties

19.1  Our Safer Date website and app includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are provided for information only. Such links should not be interpreted as approval or recommendations by us of those linked websites or information you may obtain from them.

19.2  We have no control over third party websites and their contents, and subject to Section 16.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

20. Trade Marks

20.1  Our logos and our other registered and/or unregistered trade marks used on our Safer Date website and/or app are owned by us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

20.2  The third party registered and unregistered trade marks or service marks on our Safer Date website and app are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

21. Variation

21.1  We may revise these terms and conditions from time to time at our discretion.

21.2  The revised terms and conditions shall apply to the use of our Safer Date website and app from the date of publication. We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our Safer Date website and app from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our Safer Date website and app immediately.

21.3  If you are a consumer and you have purchased any of our Safer Date website/app services and there subsists a contract under these terms and conditions in respect of those Safer Date website/app services, we will ask for your express agreement to any revision of that contract. We may make such revisions only for the purposes of reflecting changes to applicable law, the technology we use to provide the services and/or our internal business processes.  We will give you at least 30 days’ prior written notice of any revision. If you do not give your express agreement to the revised terms and conditions within that period, the contract between us shall be automatically terminated and you will be entitled to a refund of any amounts paid to us in respect of Safer Date website and/or app services that were to be provided by us to you after the date of such termination.

22. Assignment

22.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

22.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

23. Severability

23.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

23.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

24. Third Party Rights

24.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

24.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

25. Entire Agreement

25.1  Subject to Section 16.1, these terms and conditions, together with our privacy and policy, shall constitute the entire agreement between you and us in relation to your use of our Safer Date website and app and shall supersede all previous agreements between you and us in relation to your use of our Safer Date website and app.

26. Law and Jurisdiction

26.1  These terms and conditions shall be governed by and construed in accordance with English law.

26.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

27. Statutory and Regulatory Disclosures

27.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our Safer Date website and app. We recommend that you consider saving a copy of these terms and conditions for future reference.

27.2  These terms and conditions are available in the English language only.

27.3  We are registered in England; you can find the online version of the register at https://www.gov.uk/get-information-about-a-company, and our registration number is 12690599.

28. Our details

28.1  This Safer Date website and app are owned and operated by Safer Date Ltd.

28.2  We are registered in England and Wales under registration number 12690599, and our registered office is at John Buddle Work Village, Buddle Road, Newcastle Upon Tyne, NE4 8AW.

28.3  Our principal place of business is at John Buddle Work Village, Buddle Road, Newcastle Upon Tyne, NE4 8AW.

28.4  You can contact us:

(a)    using our Safer Date website/app contact form; or

(b)    by email, using the email address published on our Safer Date website: [email protected]