TERMS AND CONDITIONS OF SERVICE
eHarmony United Kingdom (www.eHarmony.co.uk)
This is a legal agreement ("Agreement") between you and eHarmony UK Ltd., a company established in London, UK ("eHarmony"), which may be contacted at PO Box 5904, London WC1N 3XX. By accessing the eHarmony UK web site, currently located at www.eHarmony.co.uk (the "Site"), and/or using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
The eHarmony services consist of the following, without limitation: a service for single people ("Singles Service"), interactive content and community services such as eHarmony Advice ("Content Services") and premium services offered by or on behalf of eHarmony ("Premium Services")
(collectively, the "Services"). eHarmony may offer additional services or revise any of the Services, at its discretion and with or without notice, and this Agreement will apply to all additional services or revised Services. eHarmony also reserves the right to cease offering any of the Services.
This Agreement is subject to change by eHarmony in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
- Minimum Age. You must be at least 18 years old to use the Site or register for the Services. By using the Singles Service, you represent and warrant that you are at least 18 years old. Other Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.
- Marital Status. By requesting to use, registering to use, or using the Singles Service, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you may not request to use, register to use, or use the Singles Service.
- Criminal History. EHARMONY DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. You are solely responsible for taking appropriate safety precautions in connection with your use of the Site or Services, as more fully set forth in Section 2 below.
- Meeting Matching System Criteria. The Singles Service requires your completion of the Relationship Questionnaire, along with eHarmony’s ability to find good matches for you. Occasionally, the eHarmony matching system cannot identify high quality compatible matches for a given individual, in which case the Singles Service cannot be provided.
2. Use of Site and Service.
As a user of the Site or a user registered to use any of the Services (a "Registered User"), you agree to the following:
- Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for keeping your user name and password(s) confidential. You acknowledge that eHarmony is not responsible for third party access to your account that results from the sharing by you or the theft or misappropriation of your user names and passwords.
- Geographic Limitations. The Site and Services are intended for use in the United Kingdom. You agree that you will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
- Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Services; and (iii) your interactions with other Registered Users through the Services. Details of how eHarmony may use information you provide or post which is personal to you are set out in our Privacy Statement.
- Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You understand that eHarmony is unable to guarantee the accuracy of information provided to you by or about other Registered Users, and that eHarmony is unable to confirm that any Registered User is who he or she claims to be. eHarmony does not warrant and is not responsible for ensuring that Registered Users or other users of the Services are in compliance with the Agreement. You agree to take all necessary precautions when communicating with or meeting individuals through the Singles Service. In addition, you agree to review and follow the recommendations set forth in eHarmony's Safety Tips, which will be provided to you prior to entering the "eHarmony Mail" phase with your matches in the Singles Service and is available at the bottom of all pages of the Singles Service.
- No Guarantee. eHarmony may not be able to provided matches for everyone seeking to use its services. Further, eHarmony makes no guarantees or warranties as to the number or frequency of matches made available to you through the Singles Service, or to such matches’ ability, desire or criteria to communicate with any user. You understand that eHarmony makes no guarantees or warranties, either express or implied, regarding your ultimate compatibility with individuals you meet through the Singles Service or as to the conduct of such individuals.
- Reporting of Violations. You will promptly report to eHarmony (i) any violation of the Agreement by others, including but not limited to, other Registered Users of which you become aware, and (ii) any known or suspected unauthorized access to your account.
- Content Removal. eHarmony reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. eHarmony will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law, either the letter or spirit of this Agreement, or upon the request of any third party.
- Posting and Communication Restrictions. You will not post on any of the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, obscene or otherwise objectionable;
- contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- intended to defraud, swindle or deceive other users of the Services;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- disseminates or otherwise discloses another person's personal information without his or her prior permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Site or Services;
- uses the Site or Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18 years of age (or the age of majority in your jurisdiction, if it is older);
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities; or
- contains any materials which infringe or violate any third party's right(s).
In addition to the above, postings on the Content Services currently known as eHarmony Advice (“Advice”) will follow the Advice Community Guidelines, in addition to the terms of this Agreement.
- No False Information. You warrant that you will not provide inaccurate, misleading or false information to eHarmony or to any other user. If information provided to eHarmony or another user subsequently becomes inaccurate, misleading or false, you will promptly notify eHarmony of such change.
- No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you may cause substantial harm to eHarmony.
- Unique and Bona Fide Profile. As a Registered User of the Singles Service, you will create only one unique profile. In addition, your use of the Singles Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Singles Service (for example, you may not become a Registered User solely to compile a report of compatible singles in your area, or to write a school research paper). Not all Registered Users are available for matching. From time to time, eHarmony may create test profiles in order to monitor the operation of the Services.
- No Harassment of eHarmony Employees or Agents. You will not harass, annoy, intimidate or threaten any eHarmony employees or agents engaged in providing any portion of the Services to you.
3. Proprietary Rights.
- Ownership of Proprietary Information. You hereby acknowledge and agree that eHarmony is the owner of highly valuable proprietary information, including without limitation, the patented compatibility matching system, compatibility profiles, and relationship questionnaires (collectively, "Confidential Information"). eHarmony owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
- No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trade-marks, or other proprietary or copyrighted information or materials accessible via the Services, without first obtaining eHarmonyís or the relevant third partyís prior written consent.
- Other Users' Information. Other Registered Users may post copyrighted information or materials, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any eHarmony or third party proprietary information available via the Services or the Site.
- Licence to Posted Content. By posting information or content to any profile pages or public area of the Services such as Advice, you automatically grant, and you represent and warrant that you have the right to grant, to eHarmony and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide licence to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licences of the foregoing. You further waive any moral rights you may have in any such information or content. From time to time, we may create, test or implement new features or programs on the Site (e.g., rating of user photos or profiles by other users) in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
4. User Information
- Privacy Statement. For information about the collection and possible use of information and material provided by you, please click on eHarmony’s Privacy Statement located on the Site. By using the Site or the Services, you are consenting to the terms of eHarmony’s Privacy Statement.
- No Contact Information. You agree that you will not post any e-mail address, personal website address or profile page you may have on a third party website, or other contact information in the "About Me" section of the Singles Service or in any other communications you may have with other users. You may, at your discretion, exchange such information after you reach the "eHarmony Mail" phase with your match in accordance with this Agreement.
- Disclosure By Law. You acknowledge and agree that eHarmony may disclose information you provide if required or permitted to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend eHarmony's or a third party's rights; or (3) protect someone's life, health or safety, such as when harm or violence against any person (including the user) is threatened.
- Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Statement, eHarmony reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, eHarmony suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that eHarmony, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that eHarmony is permitted to make such disclosure.
- Use of Anonymous Information for Research. By using the Services, you agree to allow eHarmony to use anonymized information from you and your experiences through the Services to continue eHarmony's research into successful relationships and to improve the Services. This research, conducted by psychologists and behaviour research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personally identifiable information.
5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors
The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of eHarmony, and eHarmony is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. eHarmony provides these links to you only as a convenience, and the inclusion of any link does not imply that eHarmony endorses or accepts any responsibility for the content on such third-party web site. Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that eHarmony will not in any way whatsoever be responsible or liable for any claim, loss or damage of any sort incurred, directly or indirectly, as the result of any such dealings, including the sharing of the information you supply to eHarmony with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers or sweepstakes sponsors on the Services. Please visit our Privacy Statement to learn more about how we collect, use and disclose your personal information.
6. Disclaimer of Warranty
- No Warranties. This section will apply to the maximum extent permitted by applicable law. eHarmony provides the Services with reasonable skill and care, and except as expressly provided in this Agreement, does not make or grant (and hereby excludes) any warranties, representations, conditions or terms of any kind, whether express, implied, statutory or otherwise with respect to the Services or the Site (including all information contained therein), including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. eHarmony does not warrant that your use of the Services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Services will be corrected. eHarmony disclaims liability for, and no warranty, representation, condition or other term is made with respect to, the connectivity and availability of the Services.
- Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by eHarmony, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. eHarmony does not: (i) warrant or guarantee the accuracy, completeness or usefulness of any information provided on the Site or the Services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than eHarmony. Under no circumstances will eHarmony be responsible for any loss or damage resulting from anyoneís reliance on information or other content posted on the Site or the Services, or transmitted to or by any users.
- Beta Features. From time to time, eHarmony may offer new "beta" features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any representations, warranties or conditions of any kind, whether express, implied or collateral, and may be modified or discontinued at eHarmony's sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
7. Limitation of Liability
- Incidental Damages. To the maximum extent permitted by applicable law, in no event will eHarmony be liable for any loss of profits or for any incidental, special, consequential or indirect damages arising out of or relating, directly or indirectly, to the use or inability to use the Site or Services, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if eHarmony knows or has been advised of the possibility of such damages.
- Aggregate Liability. Under no circumstances will eHarmony's aggregate liability, in any form of action whatsoever in connection with this Agreement or the use of the Services or the Site, exceed the price paid by you for your account, or, if you have not paid eHarmony for the use of any Services, the amount of £25.00 or its equivalent.
- No Liability for non-eHarmony Actions. To the maximum extent permitted by applicable law, in no event will eHarmony be liable for any claims, losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site or Services, including without limitation, bodily injury, emotional distress, and/or any other claims, losses or damages resulting from communications or meetings with other Registered Users of the Services. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretenses or who attempt to defraud or harm you.
- Information Verification. eHarmony and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that eHarmony and its contractors will have no liability to you arising from any incorrectly verified information.
- No Exclusions. Nothing in this Agreement shall limit or exclude eHarmony's liability for (i) death or personal injury arising from eHarmony's negligence (as such term is defined by the Unfair Contract Terms Act 1977); or (ii) fraud or fraudulent misrepresentations by eHarmony.
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless eHarmony, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. eHarmony reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with eHarmony in asserting any available defenses.
To resolve a complaint regarding the Site or Service, you should review our Frequently Asked Questions (FAQ) by clicking on the Help link located at the bottom of any page of the eHarmony website, or contact us via e-mail by clicking here.
10. Communication and Privacy
In accordance with our Privacy Statement, we may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Statement to review your options.
11. Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services (or, where relevant, when you expressly accept this Agreement when registering as a Registered User) and will remain in full force and effect unless and until terminated hereunder. You hereby agree that the Services shall immediately commence and be fully available to you upon your payment of a Singles service subscription or of any Premium Service. Either you or eHarmony may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. eHarmony reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to eHarmony by you will be nonrefundable and all outstanding or pending payments will immediately be due. Following any termination of any Registered User's use of the Singles Service, eHarmony reserves the right to send a notice thereof to other Registered Users which whom you have corresponded.
12. Cancellations of Your Account
- Cancellation At Any Time With No Refund .
You may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by accessing the “Account Settings” page under the “My Settings” option on your membership home page, clicking on “Cancel My Subscription” or “Close Account” link, and providing the information requested. Alternatively, you may cancel your registration or subscription by sending a notice of cancellation to: eHarmony UK, Ltd., Attn: Cancellations, BM Box 5904, London WC1N 3XX, such notice being effective upon our receipt. Please include the e-mail address associated with your eHarmony account in this notice. In each case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. If you purchase a subscription on an installation payment basis (such as three-part pay), your ability to cancel your membership as described above will be available to you only once your final installment payment has been paid.
- 14-Day Cancellation Right. Regarding the Singles Service, you may cancel the Agreement within 14 calendar days after the confirmation of your first subscription to any Service(s) by using the communication methods described in Section 12(a) above, and receive a full refund.
- Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive all Singles Services for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (iii).
- If you have prepaid any amount for the Singles Service, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
- "Disability" means a condition which precludes you from physically using the Singles Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to eHarmony.
- If the physician determines that the duration of the disability will be less than six (6) months, eHarmony may extend the term of the Single Services contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
In order to provide continuous service, eHarmony automatically renews all paid subscriptions for Services 24 hours before such subscriptions expire.
We always communicate renewal periods to you in the subscription plan page, before you finalize the purchase, upon confirmation of your subscription and in the body of any special promotions sent to our users.
By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under "Cancellation At Any Time With No Refund" above in order to cancel your subscription prior to the renewal date.
14. General Provisions
- Controlling Law and Jurisdiction. You agree that English law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the English courts.
- Injunctions. You acknowledge and agree that any violation of this Agreement may cause eHarmony irreparable harm, and therefore agree that eHarmony will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that eHarmony may have for a breach of this Agreement.
- Rights of Third Parties. This Agreement does not create any rights under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person who is not a party to this Agreement.
- Miscellaneous. This Agreement, which you accept upon using the Site or registration for the Services, the Privacy Statement located on the Site, and any applicable payment, renewal, Additional Services terms, comprise the entire agreement between you and eHarmony regarding the use of this Site and the Services, superseding any prior agreements between you and eHarmony related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). The FAQ's found on the Services are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the terms of this Agreement will survive termination of your registration to the Services. The failure of eHarmony to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. To the maximum extent permitted by law, any claim or cause of action arising out of or related to the use of the Site, Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
15. Terms of Service: Premium Services
16. Revision Date
This Agreement was last revised on 14 July 2014.
Copyright © 2000-2014 eHarmony UK, Ltd. All Rights Reserved. EHARMONY, COMPATIBILITY PROFILE, COMPATIBILITY MATCHING SYSTEM, 29 DIMENSIONS,SECURE CALL, and several other marks, colours, and images are registered and common law trade-marks of eHarmony, Inc. Other trade-marks and brands are the property of their respective owners.