HELLO SOLO LIMITED | TERMS & CONDITIONS FOR SUPPLY OF SERVICES ONLINE (“TERMS”)
VERSION 1.0 (LAST UPDATED 3 JANUARY 2019)
1 THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply services to you. References to “Services” in these terms include: (a) the use of our platform on our website; and (b) the organising of events and sale of tickets, to enable and encourage dating and matchmaking between our members.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Hello Solo Limited (trading as My Friend Charlie) a company registered in England and Wales. Our company registration number is 10562037 and our registered office is at 9 Worsopp Drive, London, United Kingdom, SW4 9RB. We are also referred to in these terms as “MFC”.
2.2 How to contact us. You can contact us by telephoning our customer service team on 020 7965 7531 or by emailing us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone, or in writing to the email address you provided to us when registering as a MFC Member.
3. THE SERVICES WE OFFER
3.1 We operate an online platform which aims to take the stress out of dating. Members of our online platform are referred to in these terms as “Members” and membership of MFC as “Membership”. We organise events to enable and encourage dating and matches between our members (such events referred to in these terms as “Events”). We provide members with both free services and ‘paid for’ services.
3.2 Subject to these terms, you may register with us for free and create a profile. To receive individual match suggestions, you must pay for and attend Events. You are then free to contact other Members directly, if mutual consent is given at, or after, an Event.
3.3 There is no charge initially for registering with us as a Member. We do though charge for you to attend Events which we organise, where you will have the opportunity to meet other Members.
3.4 We cannot guarantee successful interaction with other Members. However, we hope that you will find our Events interesting; the more Events you attend, the greater the opportunity to meet like-minded Members!
4. ACCESS TO OUR PLATFORM
4.1 In order for you to be able to book tickets for Events, you must register to use our platform as a Member. In order to register, you require a valid email address.
4.2 Your MFC account is for your personal use only. You must be at least 18 years of age to register as a Member.
4.3 You must have a permanent address in the UK or Eire to register with MFC and must be able to attend Events in London.
5. OUR CONTRACT WITH YOU
5.1 How we will accept your membership request. Once your Member profile is submitted to us for registration and approved by us (including by way of an automatically generated email), at this point a contract will come into existence between you and us for a free Membership. Your Membership is governed by the provisions set out in these terms.
5.2 If we cannot accept your membership request. If we are unable to accept your application for membership, we will inform you of this and will not enter into a contract with you. This might be because:-
5.2.1 we have identified an error in the price or description of the service.
5.2.2 you hold a non-UK address.
5.2.3 you are under 18 years of age.
5.2.4 you are married and not separated.
5.2.5 we are unable to verify the accuracy of the data provided by you to us.
5.2.6 you are in any way using an Event to promote your own business interests.
5.2.7 you breach our Terms of Website Use.
5.3 We only sell to the UK and Eire. Our website is solely for the promotion of our services in the UK. Because of the nature of our services, unfortunately, we do not accept membership applications from people who do not have a UK or Eire address.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the services. We may change our services:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not affect your use of the services but if we anticipate that they will do, we will give you as much notice of anticipated changes as is reasonably possible.
6.2 More significant changes to the services and these terms. In addition, we may make changes to these terms or to the services to introduce paid elements of the services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received. This clause 6.2 does not apply to Event tickets, which are dealt with in accordance with clause 8.
7. PROVIDING THE SERVICES
7.1 Delivery costs. There are no delivery costs: All of our Event tickets are e-tickets. Full details are set out on our website.
7.2 When we will provide the services. We will supply the services to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 11.
7.3 We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
7.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you; for example, your full name, age, residential address, email address, telephone number and dating preferences. If so, this will have been stated on the Membership application form, as set out on our website. We may contact you separately by email to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.5 Reasons we may suspend the supply of services to you. We may have to suspend the supply of a service to:
7.5.1 deal with technical problems or make minor technical changes;
7.5.2 update the service to reflect changes in relevant laws and regulatory requirements;
7.5.3 make changes to the service as notified by us to you (please see clause 6);
7.5.4 prevent you from contacting one or more of our Members should a complaint be received by us of improper use of our services. In such a scenario we will give you the opportunity to respond to any accusations made against you. However, the safety of our Members is paramount and so we reserve the right to suspend our services at any time following us being notified of a breach of these terms.
7.6 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. You may contact us to end the contract for our services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 21 days and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
7.7 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (please see clause 13.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (please see clause 13.6). We will not charge you for the services during the period for which they are suspended.
8. EVENTS AND EVENT TICKETS
8.1 In relation to tickets for an Event, your contract for purchase starts once we have confirmed your ticket order and ends immediately after completion of the Event for which you have purchased a ticket.
8.2 Nothing in this clause 8 operates to exclude your statutory rights under applicable laws to cancel tickets for an Event, details of which are set out clause 12.
8.3 If an Event is cancelled or rescheduled, we will use reasonable endeavours to notify you once we have received the relevant information and authorisation from the venue where the Event is being held. However, we cannot guarantee that you will be informed of such cancellation or rescheduling before the date of the Event.
8.4 Cancellation If an Event for which you have purchased a ticket is cancelled in full (and not rescheduled), you will be offered a refund of the price of your ticket. If you have purchased a ticket for an Event which takes place over several days and one or more days (but not all days) are cancelled, you may only be offered a proportionate partial refund.
8.5 Rescheduling If an Event for which you have purchased a ticket is rescheduled, then unless otherwise indicated, you will be offered a replacement ticket for the rescheduled Event of a value corresponding with your original ticket, subject to availability. If you are unable to attend the rescheduled Event, you will be able to obtain a refund of your ticket price. Failure to inform us within any deadline specified by us that you are unable to attend the rescheduled Event will be deemed to be a reconfirmation of your order for a ticket for the rescheduled Event, and you will not be entitled to claim a refund for that Event.
8.6 Tickets for Events cannot be cancelled or refunded after purchase, save in the circumstances set out in above in this clause 8.
8.7 You may not transfer Event tickets to anyone: MFC relies on our being able to verify that only our Members attend Events.
8.8 We reserve the right to withhold the sale of tickets to Events to Members (solely on the basis of gender and not on any other grounds) in order to achieve an appropriate gender balance at Events.
8.9 To prevent fraud and to protect MFC, we reserve the right to carry out checks and/or request that additional information be provided to verify Event ticket purchases. We may cancel orders which we reasonably suspect to have been made fraudulently.
8.10 Photographs and videos By attending an Event, you and other patrons (including any guest who you bring and whose consent you shall procure to this clause 8.10) consent to being photographed, filmed and/or recorded and may be featured as an attendee at MFC events in any resulting photographs, footage or recordings of the Event, all of which you consent to our using on our website, on social media or in other advertising.
9. YOUR RIGHTS TO END THE CONTRACT FOR MEMBERSHIP
9.1 You can always end your contract with us. Your rights when you end the contract will depend on which services you have purchased, how we are performing and when you decide to end the contract:
9.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or have services re-performed or to get some or all of your money back), please see clause 12;
9.1.2 If you want to end the contract because of something we have done or have told you we are going to do, please see clause 9.2;
9.1.3 If you have just changed your mind about the services, please see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
9.1.4 In all other cases (if we are not at fault and there is no right to change your mind), please see clause 9.6.
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in clause 6.2, the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
9.2.1 we have told you about an upcoming change to the services or these terms which you do not agree to (please see clause 6.2);
9.2.2 we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
9.2.3 there is a risk that supply of the services may be significantly delayed because of events outside our control;
9.2.4 we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 21 days; or
9.2.5 you have a legal right to end the contract because of something we have done wrong.
9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund (if we charged you for Membership or any other services, excluding Event tickets). These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.3.1 The cancellation of Membership (deleting your profile) is possible at any time and can be done on your profile page via the ‘close account’ link.
9.3.2 For the written notice we ask you to specify your MFC email address, so that we can uniquely authenticate your claim and protect against possible abuse.
9.3.3 If you cancel your Membership less than 48 hours prior to an Event for which you have bought tickets, unfortunately we still will not be able to refund the costs of those tickets.
9.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
9.4.1 services in the nature of Event tickets, where notice of cancellation is received less than 48 hours prior to the start of the Event (please see clause 8 for full details);
9.4.2 services, once these have been completed, even if the cancellation period is still running.
9.5 How long do I have to change my mind? You have 14 days after the day we email you to confirm the commencement of your Membership. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
9.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (please see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
10.1.1 Phone or email. Call customer services on 020 7965 7531 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
10.1.2 Online. Complete the form on our website.
10.2 How we will refund you. If you are entitled to a refund under these terms, will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below. If your Membership was free of charge, there will be no refund to be made.
10.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
10.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you break it. We may end the contract for our services and cancel your Membership at any time by writing to you by email if:
11.1.1 you do not make any payment to us when it is due and you still do not make payment within 21 days of us reminding you that payment is due; or
11.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, your date of birth (for us to verify that you are over 18 years of age) and residential address (to verify that you are a UK resident to ensure that members using our services are those genuinely interested in dating and matchmaking); or
11.1.4 we are requested to do so by a court or other relevant authority, or if the contract is terminated in accordance with these terms.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11.3 We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 14 days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
12. IF THERE IS A PROBLEM WITH THE SERVICE
12.1 How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can telephone our customer services team on 020 7965 7531 or write to us at firstname.lastname@example.org.
12.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If you are purchasing services from us, for example paid membership services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also above under clause 9.3 (Exercising your right to change your mind (Consumer Contracts Regulations 2013)).
13. PRICE AND PAYMENT
13.1 Where to find the price for the services. The price (which includes VAT) of the services, including Event tickets, will be the price indicated on our website/order page when you placed your order. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the services you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the services’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund to you any sums you have paid.
13.4 When you must pay and how you must pay. We accept payment using all major credit cards. Payments are processed us with Stripe. Events are booked online and must be paid for in full when booking. Tickets will not be available at the Event and we are unable to accept any other payment methods.
13.5 Event tickets are not refundable after an Event has started, nor in the period falling 72 hours before an Event is due to start. If you wish to apply for a refund of an Event ticket, you must request this in writing by email to email@example.com at least 72 hours before the relevant Event is due to start.
13.6 What to do if you think you have been overcharged. If you think a payment taken by us is wrong, please contact us promptly to let us know.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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 knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the services as summarised at clause 12.2.
14.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
14.4 We are not liable for business losses. We only supply the services for personal use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
16. OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing by email if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing by email. We may not agree if the person to whom you are seeking to transfer your rights or your obligations does not meet our criteria for Membership.
16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.