General terms and conditions of the service

PARSHIP is a dating and relationships service (the "Service") available to PARSHIP Members via the Internet. The Service allows Members to access the profiles of other Members who have registered. The Service is provided by PARSHIP GmbH, UK Branch (Co. Number FC025916; Branch Number BR008151) trading as PARSHIP.co.uk, 4 Crinan Street, N1 9XW. The Service can either be accessed by the Member free of charge or in respect of specified services on payment.

The Service that we provide is available only to registered Members. Before you register to become a Member, please read these terms and conditions below carefully, as they form part of a legally binding agreement between Us and You. If you agree to be bound by the following terms and conditions, please tick the box located at the bottom of the registration page, agreeing to the words "I have read the terms and conditions of use of the services offered by PARSHIP and I confirm that I accept them". If you do not agree to these terms and conditions, you should not register as a Member.

This constitutes your agreement with PARSHIP.co.uk with regards to the use of the Service. By registering as a Member and in order to use the Service you agree to be bound by these terms and conditions.

1. Definitions
   In these conditions the following words have the following meanings unless the context requires otherwise:

   • "Agreement" means the agreement between You and Us incorporating these conditions for the provision of the Service;
   • "Intellectual Property Rights" means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered), and other similar rights wherever existing in the world together with the right to apply for protection of the same;
   • "Liability" means the Liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
   • "Member" means any person whose membership has been accepted by Us and whose membership remains valid for the time being;
   • "Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or any other material on the Service, and the phrases "Posted" and "Posting" shall be construed accordingly;
   • "Profile" means the section containing details, photographs and/or information about You;
   • "Service" means the service provided by Us to You including, but not limited to, Us allowing You to browse the Website, contact and/or be contacted by other Members through the Website and/or Post information on the Website;
   • "User" means any person who browses the Website;
   • "We, Us, Our" means PARSHIP.co.uk (at the address specified above);
   • "Website" means Our Website at URL www.parship.co.uk or such other URL that We may use to provide the Service from time to time;
   • "You, Your, Yourself" means the person whose application for membership of the Service is accepted by Us.

2. Access and Registration

   1. By accepting these conditions You warrant and represent to Us that:
      • You are at least 18 years old at the time of registration;
      • You have not been convicted of any offence relating to violence and/or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and/or any other serious criminal offence.
      • You have not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act).
   2. If you are not able or not willing to give the warranties and representations set out in clause 2.1 above you must not apply for membership of PARSHIP.
   3. Under the Consumer Protection (Distance Selling) Regulation Act (2000), You are entitled to an eight-day cooling off period that begins on the date on which You enter the agreement to use the Service, (either, by telephone, post, the Website or if applicable, interactive Digital TV) and ends at the end of 8 working days after you enter into that agreement. During this time you have the right to cancel your contract without penalty. However, the cooling off period and the right to cancel does not apply if you begin to use the Service before the end of the cooling off period. Therefore, if you use the Service immediately by accessing our Website, you will not be able to cancel the agreement.

3. Basis of contract

   1. This is a legally binding Agreement between You and Us for the provision of the Service.
   2. These conditions (as amended by Us from time to time) shall govern the Agreement between You and Us to the exclusion of any other terms or conditions and You agree to abide by these terms and conditions (as amended by Us from time to time).
   3. These conditions (as amended by Us from time to time) supersede all other terms and conditions and shall replace any terms and conditions previously notified to You.
   4. We reserve the right to vary these conditions at any time. If We vary these conditions, the updated conditions will be posted on the Terms and Conditions page of the Website as soon as the alteration is made.
   5. Your continued use of the Service after posting of the varied conditions on the Website constitutes your acceptance of the varied conditions and your agreement to be bound by the agreement, as amended.
   6. You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these conditions.
   7. We reserve the right to monitor and at Our own decision remove for any reason any information, photographs and/or other material Posted by You.
   8. We reserve the right to refuse to register applications for membership and to terminate memberships at any time.
   9. We reserve the right to make changes to the Service as required from time to time by law or applicable safety requirements provided that they do not have a material adverse effect on the quality of the Service.
   10. The Service and the Website is for personal use of individual Members only and may not be used in connection with any commercial activity. Companies and/or businesses or any other commercial organizations may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorised use of the Service or Website including collecting user names and/or Email addresses of Members by electronic or other means for the purposes of sending unsolicited Email and unauthorised framing or linking to the Website will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
   11. We have no control over the quality, compatibility or safety of Members or over the truthfulness, accuracy or completeness of any Posting on the Website. As we do not review the Postings on the Website, you enter this Agreement in the knowledge that other Members' information, despite the prohibitions set out in these Terms and Conditions, may be inaccurate or deceptive.

4. Price and payment

   1. The prices for current subscriptions to our Service can be found on the 'Purchase' page which is accessible from the 'Become a Premium Member' links on the Website. The information on that page forms part of this Agreement. These subscription prices may be varied from time to time.
   2. Our prices are inclusive of any applicable VAT and any details given in relation to exchange rates are approximate only and may vary from time to time.
   3. You shall pay all sums due to Us under this Agreement by the means of the payment specified in Our Website and without any set-off, deduction, counterclaim and/or any other withholding of monies.
   4. No payment or refund will be given to you for any downtime in respect of the Service or for your inability to access the Service due to technical problems beyond Our control.

5. Automatic Renewal

   1. All Premium Membership subscriptions (including special offers) automatically renew during the last day of the subscription term which is about to lapse. The relevant amount will be charged to the credit card used for your original transaction. ‘Standard’ products relate to 1, 3 or 6 months.
      a. In the case of you taking advantage of a reduced price special offer on a standard product, the product will automatically renew at the standard price of that product at the time of taking the initial subscription OR at a longer length standard product term and price which will be clearly indicated at the time of purchase (e.g. 1 month renewing at 3 months).
      b. In the case of you taking advantage of an extended product term special offer (e.g. 7 months for price of 6) the product will automatically renew for the standard product term to which it relates and at the standard product price indicated at the time of initial purchase. Such product renewal will be clearly indicated at the time of purchase. These product renewals continue until you decide to cancel the automatic renewal.Renewal cancellation can only be effected up to 1 day prior to the end of the current term of your subscription, instructions for which can be found within the 'My Membership' area of the 'Data & Settings' part of the website.
   2. The price for your subscription will be charged to the credit card used for your original transaction.

6. Member's obligations

   1. You will not:
      • Post Your personal details such as Your telephone number, address and/or Email address or URL in Your Profile or any other information which would allow other Members and/or Users to contact You directly;
      • transmit and/or Post information, pictures and/or any other material which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or any other parties' rights in (including but not limited to Intellectual Property Rights and/or privacy rights);
      • use the Service to promote another site, service and/or business in any way including but not limited to Posting any personal Email addresses URL's and/or other personal telephone numbers in Your Profile;
      • solicit other Members' business, buy or sell products and/or services through the Service;
      • misuse in any way the Service or any information Posted on the Service;
      • attempt to gain unauthorised access to any information available on the Service or to any of the networks used in providing the Service;
      • Post and/or reproduce in any way any information and/or material in which the Intellectual Property Rights belong to another party without first obtaining the prior consent of the owner of such rights;
      • copy, in whole or in part any of the information on the Website (including, but not limited to any information contained in other Members' Profiles) other than for the purposes provided for in this Agreement;
      • Post any chain letters and/or junk Email to other Members;
      • in any way assign, transfer, part with and/or authorise any other person to use, Your membership;
      • transmit and/or Post and/or Email to another Member any information, pictures and/or any other material, which in the opinion of the site administrator is sexually explicit, racist, abusive, threatening, sexually suggestive, libellous and/or obscene;
      • transmit and/or Post and/or Email to another Member any information, pictures and/or any other material, which in the reasonable opinion of the site administrator is capable of offending other Users' political and/or religious beliefs.
      • use any device, software or programs to attempt to interfere with the proper functioning of the Website.
   2. Without prejudice to the clauses in the "Termination" article, in the event of breach by You of one or more of these rules, We reserves the right to block your accounts, to remove automatically the messages in question, to prevent the publication of all or part of your profile, and/or to block your access to all or part of the Service, temporarily or permanently, without compensation or refund.

7. Your Profile

   1. You acknowledge that other Users will be able to view Your Profile.
   2. If You Post and/or disclose to other Users any confidential or sensitive information about Yourself then You do so entirely at Your own risk.
   3. You will be able to view the details and profiles of other Members.
   4. 4. You warrant and represent to Us that all information Posted by You:
      • is accurate, true, complete and is not misleading; and
      • will be regularly updated by You so that it remains accurate, true, complete and not misleading to other Members if your situation changes significantly.
   5. We reserve the right to review Your Profile from time to time and to amend and/or delete it if We, in Our sole discretion, think that it should be amended and/or deleted.
   6. You are solely responsible for the contents of your Profile Posted on the Service or transmitted to other Members.

8. Termination

   1. Either party may terminate this Agreement at any time, for any reason. Termination of the Agreement by either party will be effective upon that party sending written notice to the other party of their intentions. To terminate the Agreement You must complete the form on Our termination page. All monies paid by You to Us are non-refundable and cancellation and/or termination of this Agreement by You or Us at any time for any reason will not entitle You to a refund of monies paid.
   2. If:
      • You fail to make any payment to Us when due;
      • You breach the terms of this Agreement;
      • You persistently breach the terms of this agreement;
      • You fail to provide to Us within the time limit requested by Us sufficient information to enable Us to determine the accuracy and/or validity of any information Posted by You; and/or in Our reasonable opinion, any information Posted by You is damaging or potentially damaging to the interests of Our business, then We reserve the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 7.3 below.
   3. If any of the events set out in clause 7.2 above occurs in relation to You then:-
      • We may terminate this Agreement immediately;
      • We may immediately suspend and/or terminate Your access to the Service without notice; and/or;
      • all monies owed by You to Us shall become immediately due and payable.

9. Expiry of subscription
   On expiry of your subscription, should you choose to cancel automatic renewal or not to extend your subscription, your contact rights to communicate with other members will cease with immediate effect.

10. Intellectual property rights and confidentiality

    1. All Intellectual Property Rights in the Service and the Website shall be owned by Us absolutely.
    2. You warrant and represent to Us that the information Posted in Your Profile is Posted by You and that You are the sole author of Your Profile. You assign to Us with full title guarantee all copyright in Your Profile.
    3. You waive absolutely any and all moral right to be identified as author of Your Profile and any similar rights in any jurisdiction.
    4. You agree that You will keep confidential and not use, except for purposes contemplated by this agreement, any and/or all information relating to the Service which may be disclosed to You or which You may learn - except where such information is public knowledge or it is required to be disclosed by law.
    5. We will use reasonable commercial endeavour to keep personal details such as Your surname, Your real Email address and Your credit card number(s) (where relevant) confidential and will not disclose such information, except where such information is public knowledge or it is required to be disclosed by law.
    6. The trademarks, logos, graphics, photographs, animations, videos and text appearing on the www.PARSHIP.co.uk site are the intellectual property of PARSHIP.co.uk and cannot be reproduced, used, published, distributed, sold, or displayed without the express prior written permission of Us.

11. Guarantee

    1. The Service is provided in its current form and We do not guarantee that the Service, or any element of the Service will meet Your requirements, purpose and/or expectations.
    2. We do not warrant that any of the information and/or material provided in the Service is accurate.
    3. We do not provide any warranty in respect of the Service, results, availability, and/or uninterrupted use of the Service due to any problem or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of Email or traffic congestion on the Internet or the Website.

12. Use of the Service

    1. The Website is merely a forum for Members to Post information about themselves and to allow You to make contact with other Members through use of the Service if You choose to do so.
    2. You should be aware that information Posted by other Members on their profiles are only a description of how they describe themselves and You should not assume that the information contained in any Profile is necessarily correct and accurate.
    3. We do not check that Profiles are correct and not misleading in every single case. We do not make any representation or warranty that the information contained in any Profile is accurate and We are not under any obligation to verify any information contained in any Profile.
    4. Before acting on information contained in any Profile or on any information received by You through Your use of the Service, You should at Your own cost and expense, carry out such investigation as You think is necessary to satisfy Yourself of the truth and accuracy of such information.
    5. If You arrange any meetings with any person through Your use of the Service then You do so at Your own risk. You should take such precautions as You deem necessary to ensure Your personal safety.

13. Limitations on liability

    1. We shall have no Liability for any defect in the Service caused or contributed to by You and/or any other Member.
    2. We shall have no Liability to You if any monies owed by You to Us have not been paid in full by the due date for payment.
    3. You shall give Us a reasonable opportunity to remedy any matter for which We are liable before You incur any costs and/or expenses in remedying the matter Yourself. If You do not do so We shall have no Liability to You.
    4. You shall produce to Us written evidence of any claims for which it is alleged that We are liable together with written details of how any loss was caused by Us and the steps You have taken to mitigate the loss before We shall have any Liability for the claim by You.
    5. We shall have no Liability to You to the extent that You are covered by any policy of insurance and You shall ensure that Your insurers waive any and all rights of subrogation they may have against Us.
    6. We shall have no Liability to You arising out of Your use of the Service and/or Your reliance on any information and/or other material Posted on the Service or Posted to You by other Members.
    7. It is possible for other Users and/or unauthorised users to obtain and misuse information about You as a result of Your use of the Service. We shall have no Liability to You arising out of any Member's and/or unauthorised User's misuse of information and/or other material Posted by You on the Service and/or to other Members.
    8. We shall have no Liability to You for any:-
       • consequential losses, whether direct or indirect losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or service interruptions);
       • economic and/or other similar losses; and/or;
       • special damages and indirect losses.
    9. You shall be under a duty to mitigate any loss, damage, costs or expenses that You may suffer from any of the above scenarios.
    10. Our total Liability to You under and/or arising in relation to any Contract shall not exceed 5 times the amount paid by You for the Service (if any) under that Contract or the sum of £700, whichever is the higher sum.
    11. Each of the limitations and/or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of:
        • Liability for breach of contract;
        • Liability in tort (including negligence); and
        • Liability for breach of statutory duty; except clause 11.10 above which shall apply once only in respect of all the said types of Liability.
    12. Nothing in this Agreement shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law.
    13. Nothing in this Contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer.
    14. We shall have no Liability to You for any delay in performance of this Service and/or any other matters to the extent that such events and/or matters are due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
    15. We cannot be held liable for false statements made by a Member. It is therefore important to take certain precautions when meeting another Member. We shall be free of any liability with regard to meetings on PARSHIP between PARSHIP members, or with regard to meetings between Members and/or non-members following the use of its site and services.

14. Use of Information & privacy
    

    1. Please read Our Privacy Policy to understand how We treat Your personal information.
    2. From time to time PARSHIP will send you Newsletters regarding site enhancements and changes, and special offers. Please see our privacy policy for more information regarding unsubscription from these communications.

15. Indemnity
    You agree to indemnify and keep Us indemnified against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from and/or relating to Your use of the Service, information and/or other material Posted on the Service by You and/or arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by You.

16. Competent courts and applicable law
    This agreement shall be governed by and construed in accordance with English law. The English courts shall have non-exclusive jurisdiction to hear any dispute relating to these terms of use, including, without limitation, their validity, their interpretation, their performance and/or their termination and its consequences.

17. General

    1. All third party rights are excluded and no third parties shall have any right to enforce this Agreement. This shall not apply to members of Our group who shall have the right to enforce this Agreement as if they were Us. Any right of a third party to enforce this Agreement may be varied and/or extinguished without the consent of the any such third party.
    2. You do not have the right to assign this agreement or any of Your rights to the Service. We have the right to assign any or all of Our rights and duties under this agreement or to the Service to any third party. At Our election, if Our rights are assumed by a third party, We shall be relieved of any and all liability under this agreement.
    3. No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
    4. This Agreement contains the entire agreement between You and Us. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
    
    You can contact us by writing to the following postal address:
    
    PARSHIP.co.uk,
    4 Crinan Street
    London N1 9XW
    
    or to the following Email address:
    
    info@PARSHIP.co.uk

This website is owned and operated by PARSHIP GMBH, Brandstwiete 1, 20457, Hamburg, Germany.

PARSHIP has created this privacy statement in order to demonstrate our firm commitment to your right to privacy and data protection. We handle all our information gathering and dissemination procedures with every reasonable safeguard for your protection.

We confirm that all personal data handled and stored by us is done so in strict compliance with the UK Data Protection Act 1998. PARSHIP is notified under the Information Commissioner's Public Register of Data Controllers. This publicises details of our processing activities and allows you to understand how your data is being protected. Our registration number is PZ8911281.

What information do we process? We collect the information set out below from you during the registration process and your use of the PARSHIP service. By submitting this information (including sensitive personal information), you are explicitly agreeing to us processing that information in accordance with this Privacy Statement. Please remember that due to the nature of the PARSHIP service, any information that is disclosed to PARSHIP, except the guarantees of privacy that are stated below, can become public information. You should therefore exercise caution when disclosing personal information.

On registration with the website

On initial registration we collate personal information such as your name, date of birth, e-mail address and postal address. We use this information for administrative purposes and to provide you with the PARSHIP service. So for example, we use your e-mail address to send you our newsletters and special offers (if you have chosen to receive them) and we use some of this information to help create your profile. For further information on how we use this information (in a non-identifiable way) for your profile, please see below.

My Profile

To allow other registered users to be able to view a profile about you PARSHIP creates one from a combination of the registration data and personality test results in the My Profile section, which has links to the part of our service where you can upload photographs of yourself. You are also given the opportunity to change the description of yourself. We use the information you provide about your personal preferences (collated on registration and in the My Profile section) to help match you to a potential partner. Some of this information will be visible by other members, such as age, marital status, height, region, occupation etc. Your name, email address, home address and other specific 'identifier' data will NOT be visible to other users. Please remember that you can choose to delete or hide your profile at any time by selecting the relevant option in the 'My PARSHIP/Data & Settings' section of the website.

Communicate with other registered members via the website

If you have registered with the website, we provide a means by which you can communicate with other registered members of the website. We do not use the information disclosed during these communications for any purpose.

Cookies and log files: While on our website, we automatically log certain information about how you are using the website. For example, we use your IP internet address to help diagnose problems with our server, to administer our website, and to help identify you for our own administrative purposes.

We also use a feature known as a cookie. A cookie is a small data file which resides on your computer which allows us to recognise you as a user when you return to website using the same computer and web browser. Cookies allow us to keep track of your chosen set-up of the website. We also use cookies to deliver content specific to your interests, to save your password so you that don't have to re-enter it each time you visit our website, and for other purposes.

Most browsers are set up to accept cookies, but you can configure your browser to refuse cookies or to notify you when you have received one. If you want to stop cookies being stored on your computer in future, please refer to your browser manufacturer's instructions by clicking "Help" in your browser menu. Further information on deleting or controlling cookies is available at www.allaboutcookies.org. Please be aware that disabling cookies will stop your ability to enter our website.

Information sharing and disclosure: We do not generally disclose personal information we have collected from you through this website to third parties. We may however disclose the information that we have collated to the following:

If you register as a member

Information that you disclose to us may be disclosed to employees and agents of PARSHIP for them to administer your account and the PARSHIP service.

Our users

If you are a registered user, you are publicly identified on the website by an anonymous number code; your user name is not visible to other PARSHIP members. The information that you provide in your profile is, however, available to the website's members. Similarly, if you choose to reveal any other personal information in any communications with another registered member, that information will of course, be available to such member.

Co-branded sites

Sometimes we enter into promotional arrangements with carefully selected partners where we operate a website branded with both our and their branding. We call this a co-branded site. If you registered as a member through a co-branded site, then we will share the information that you disclose on registration (but no other information) with that co-branding partner. Please check their privacy policy to see how they will use your information. We will give you details of how to access their privacy policy when you first register.

Transfer

If ownership or operational control of all or part of this website is transferred, your information may be disclosed to a transferee, but we would require them to use that information in a way that is consistent with this Privacy Statement.

Payment: If you subscribe to any of our services over this website, we use BIBIT Global Payment Services (a division of The Royal Bank of Scotland Group), to process your payment. BIBIT operates a secure server to process your payments details. They encrypt your credit or debit card information and authorise payment directly. This means that your credit card or debit card details are never revealed to us. Please read their privacy policy at http://www.bibit.com/content.php?page=privacy] to see what security measures they have in place and how they treat your information.

Newsletter unsubscribe: You can choose to remove yourself from our mailing list at any time, in the 'My PARSHIP/Data & Settings section of the website.

Editing your information: You can access and edit any information you have previously entered by selecting the 'My PARSHIP/Data & Settings' section of the website. You can also deselect Email notification of further contact matches.

Security: We have appropriate measures in place to ensure that personal information is protected against unauthorised access or use, alteration, unlawful or accidental destruction and accidental loss. However, we cannot guarantee the security of the information that you disclose to us. You accept the inherent risks of providing information and dealing on-line and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.

Right to see your personal information: You have the right to see your personal information (as defined under the Data Protection Act 1988) that we keep about you, upon receipt of a written request and payment of a fee. If you wish to make such a request or are concerned that any of the information we hold on you is incorrect or please contact us by writing to the Data Protection Officer, PARSHIP.co.uk, 4 Crinan Street, N1 9XW.

Changes: Any changes to this Privacy Policy will be posted on this page so that you are always aware of the information that we collect, how we use it, and under what circumstances we disclose it.

Contacting PARSHIP: If you have any questions about this privacy statement, about navigating the website, or about the services that PARSHIP offers, please do not hesitate to contact:
Tony Blin-Stoyle
PARSHIP Data Controller (UK).