Terms and Conditions
These terms and conditions are between you, the user, and us, Fuzzy Banter Limited. It is a binding agreement which governs your use of our services to you. You are advised to read these terms and conditions carefully. If you do not agree or accept our terms and conditions, you may not use any of our services.
- Registration and accounts
1.1 To be eligible for an individual account on our website you must be at least 18 years of age and must complete all the fields on the registration form(s).
1.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
1.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
1.4 You must not use any other person’s account to access the website.
1.5 You should not have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment.
- User IDs and passwords
2.1 If you register for an account with our website, will be provide you with or you will be asked to choose a user ID and password.
2.2 Your user ID must not be liable to mislead and must comply with the content rules set out below; you must not use your account or user ID for or in connection with the impersonation of any person.
2.3 You must keep your password confidential and must not be shares with any third parties.
2.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
2.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- Cancellation and suspension of account
3.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
3.2 You may cancel your account at any time. You will not be entitled to any refund if you cancel your account in accordance with this section.
- Dating services
4.1 You may register for free to use our services. You may upgrade your account by paying the applicable subscription fee. We will send you an acknowledgement of your subscription. If your subscription is accepted, we will send you a confirmation, at which point the contract between us for the supply of our services shall come into force. The contract between us for the supply of the services shall come into force upon the issue of the order acknowledgement.
4.2 Registered users with appropriate subscriptions shall be able to: access dating-related services on our website, which may include:
(a) upload a personal profile;
(b) access to our searchable database of other users’ personal profiles;
(c) live chat with other users;
(d) private messaging of other users; and/or
(e) our automated matching service.
4.4 We may from time to time vary the benefits associated with a subscription by posting a new subscription description on our website, 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 a pro rata amount of the fee paid in respect of your subscription, such amount to be calculated by us using any reasonable methodology.
4.5 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 website before the date of renewal.
4.7 You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.
4.8 We cannot advise on or broker marriage or long-term relationships. We do not have a contractual obligation nor moral or ethical responsibility to:
Verify the identity of persons who register to use our services; or
To verify or monitor content;
As a member you are advised not to assume that any content or profile uploaded by a member is accurate. A person may claim not to be who they claim to be. You should at all times exercise the same caution you would normally when you meet people. We cannot be liable for false or misleading information or statements by users.
4.9 When arranging to meet another person through use of our services, you must take appropriate precautions. Any such meetings are at your own risk and are not our responsibility.
- Personal profiles
5.1 All information that you supply as part of a personal profile on the website must be true, accurate, current, complete and non-misleading.
5.2 You must keep your personal profile on our website up to date.
5.3 Personal profile information must also comply with the provisions of Section 5.
5.4 You waive all recourse against us on the basis of any possible damage to the right to use your image, honour and reputation and privacy and you have given your prior consent by registering with us.
6.1 The fees in respect of our website services will be as set out on the website from time to time.
6.2 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
(a) Upgrade features include, View who has deleted you, Timestamps and delivery on messages, View when others logged on last, view who is online now, How many people left to swipe on home page, set your radius further than 50 miles. Cost £6.99
6.3 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
6.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
6.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
6.6 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 GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.6 (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 6.6.
6.7 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.
6.8 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.
6.9 We do not store credit card details nor do we share customer details with any 3rd parties.
- Distance contracts: cancellation right
7.1 This Section 7 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
7.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, 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 the contract is entered into,
subject to Section 7.3. You do not have to give any reason for your withdrawal or cancellation.
7.3 You agree that we may begin the provision of services before the expiry of the period referred to in Section 7.2, 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 7.2;
(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 7.
7.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 7, 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.
7.5 If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 7, 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 7.
7.6 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.
7.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 7 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
7.8 Your cancellation rights under this clause only apply to your initial order for a subscription and do not apply to renewed subscriptions.
- Your content: licence
8.1 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 website for storage or publication on, processing by, or transmission via, our website.
8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.
8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
8.5 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.
8.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
8.7 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.
- Your content: rules
9.1 You warrant and represent that your content will comply with these terms and conditions.
9.2 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).
9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous 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;
(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.
9.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
- Report abuse
10.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
10.2 You can let us know by email.
- Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, 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 website services, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- Limitations and exclusions of liability
12.1 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.
12.2 The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; 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.
12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill, loss of goodwill or reputation; damage to loss of data, indirect or consequential loss.
12.6 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 12.6 shall not apply.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.7 shall not apply.
12.8 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 website 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).
12.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
(a) £300; and
(b) the total amount paid and payable to us under the contract.
13.1 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:
(a) any breach by you of any provision of these terms and conditions; or
(b) your use of our website.
- Breaches of these terms and conditions
14.1 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 website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
14.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
15.1 We do not guarantee that the services shall function without interruption or error. In particular, the use of the website may be interrupted at any time for the purposes of maintenance, updated or technical improvements or to develop its content and/or presentation.
15.2 Smartphone applications are only available to our members in possession of smartphone handsets and internet access is required.
16.1 We may revise these terms and conditions from time to time.
16.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. 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 website 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 website.
16.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
17.1 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.
17.2 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.
18.1 If a provision of a contract under 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.
18.2 If any unlawful and/or unenforceable provision of a contract under 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.
- Third party rights
19.1 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.
19.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
20.1 Subject to clause 12, these terms and conditions, together with website terms and conditions, our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
- Law and jurisdiction
21.1 A contract under these terms and conditions shall be governed by and construed in accordance with English law.
21.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
- Statutory and regulatory disclosures
22.1 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 website. We recommend that you consider saving a copy of these terms and conditions for future reference.
22.2 These terms and conditions are available in the English language only.
- Our details
23.1 This website is owned and operated by Fuzzy Banter Limited.
23.2 We are registered in England and Wales under registration number 09172843, and our registered office is at Unit 11 Kingsbury Barningham Way, Kingsbury, London NW9 8AU.
23.4 You can contact us by writing to the business address given above, by using our website contact form or by email to firstname.lastname@example.org.