TERMS & CONDITIONS
1. Terms and Conditions: Introduction
Pink Lobster Matchmaking (“PLM”) is owned and run by Pink Lobster Dating Ltd (“PLD”).
PLD is registered in England and Wales under company number 08178481 and we have a registered office. Our trading address is at Ellenborough House, Wellington St, Cheltenham GL50 1YD. We are a limited company.
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PLM provides our services to you subject to these terms and conditions. Any matchmaking services, coaching, activity or event bookings made by you are also subject to these terms and conditions, including the Special Conditions below. By booking a private session, event, or matchmaking service with PLM, you are entering into a legally binding contract based on these terms and conditions.
The most recent version of PLM’s terms and conditions will appear here http://www.pinklobstermatchmaking.com/terms-conditions/. Your continued use of PLM’s services will constitute acceptance of such changes.
These Terms and Conditions shall be accepted upon signature by the member.
No variation or alteration to these Terms and Conditions shall be valid unless approved in writing by a Director of PLM.
2. Eligibility and Membership
2.1 Your membership of PLM and use of our services is conditional on the following. By joining, you confirm and warrant that:
(i) you are at least 21 years old;
(ii) you are single or separated from your partner;
(iii) your personal information is true, accurate and complete;
(iv) you are not using and will not use PLM services for any commercial purpose.
Your membership will be void if any of the above conditions are broken.
3. Your Rights and Responsibilities
3.1 As soon as you have completed your initial consultation with PLM we will begin assessing potential introductions. PLM offers different levels and types of membership, which will be explained to you in your initial consultation with the company. We will use our reasonable efforts to introduce you to potential partners who we think may be suited to you.
3.2 You accept that the more limitations you impose on the type of person you would like to meet, the fewer introductions may result. You also accept that PLM cannot control whether another user wishes to reply to any communication from you, nor the nature of any feedback they supply following a date with you.
3.3 You accept that PLM does not guarantee any minimum number of introductions. We will endeavour to estimate a number based upon the information you provide at the initial meeting. This number is intended as a guide only and under no circumstances will it constitute a binding promise. PLM does not guarantee love.
3.4 You promise and undertake not to do any of the following, and understand that should you break this undertaking, we may take action including but not limited to termination of your membership at our discretion and without offering any refund:
(i) harass or cause a nuisance, inconvenience or anxiety to any other user or any employee or contractor of PLM, or contact them following a request not to do so;
(ii) violate the privacy or other rights of any employee, contractor or other user of PLM, including but not limited to by forwarding, distributing or displaying emails, personal data or photographs of another user to any third party;
(iii) act in an abusive, threatening, harassing, obscene, libellous, offensive, sexist, racist or discriminatory manner towards any employee or other user of PLM;
(iv) do anything which restricts or inhibits anyone else’s use and enjoyment of the services;
(v) impersonate another person;
(vi) supply us with any photograph or other material the rights to which are owned by any third party unless you have their written permission for such photograph or other material to be used for this purpose;
(vi) promote or appear to be promoting your own products or services to any other user or of PLM; or
(vii) do anything that deliberately or recklessly prejudices the reputation of PLM or any companies associated with PLD.(viii) fail to reveal important information about yourself, which could impact or affect your programme and our users, including mental state, criminal offences and drug and alcohol misuse.
(ix) refuse to communicate or co-operate with your key matchmaker or any other PLM employee or contractor with whom you have agreed to work as part of your programme.
Should you become aware of any other user breaking these rules, please contact PLM.
3.5 You accept that PLM cannot be responsible for your interaction with other users or for the conduct or actions of any user. PLM does not carry out police or background checks of its users and makes no representations about the marital status or mental state of any user. You should always take sensible precautions before and during such interactions, particularly if arranging to meet another user (these should include meeting in a public place, telling someone where you are going, and not giving out personal information until you are comfortable doing so). PLM cannot arbitrate in disputes between users.
3.6 Payment: Your membership is conditional upon the payment of your package for a 12-month period commencing on signature of this Agreement. Depending on the package you have taken, you may also be asked to pay a fee that has been agreed with your consultant for each person that is introduced to you or a monthly fee, if this is not included in the package.
You may cancel your package at any time but all fees are non-refundable, except at the sole discretion of PLM.
If you require extra support and time from any employee or contractor of PLM, which is in addition or an extension to your package, you will be liable for costs per hour.
If it is deemed that you require additional coaching in order to have greater success in your programme, you will be required to pay an additional cost per hour for this time.
If payments are late, you may be charged interest and non-payment may result in the termination of your programme or an alternative as decided by PLM.
You must inform PLM at least 48 hours prior to a session if you need to postpone or cancel, otherwise PLM are not obliged to reschedule.
3.7 Your programme may be suspended for up to 6 months at a time by giving one month’s notice to PLM of your reasons. You may reactivate your membership programme at any time within such 6-month period by informing PLM. Should you wish to reactivate your membership following the expiry of such 6-month period, PLM has a right to terminate your agreement. Membership can be put on hold up to a maximum of 3 times.
You can transfer your programme to another woman for an admin fee of £500 (but you need approval of the Membership Committee and PLM will need to decide the suitability of this new member for the programme).
Your programme may be cancelled prior to completion due to serious illness. You must apply in writing and the PLM membership committee will need to assess and approve the application before making a decision. If the programme is cancelled due to this decision the client will receive a full refund minus any costs prior to this date.
If your circumstances change drastically, then this may have an effect on the success of the programme.
If you choose to terminate your programme we are not liable to refund your payment and you may be liable for additional outstanding payments, which must be paid within 28days of the termination.
3.8 You consent to PLM processing your personal information, including any sensitive personal information you provide, for the purposes of providing our services. You also consent to the use of such data for communicating with you, and for marketing, statutory, accounting and archival purposes.
3.9 You grant PLM and its successors and assign a non-exclusive, royalty-free, perpetual license to use, distribute, display and reproduce any photograph or other material for which you own the intellectual property rights and which you supply to PLM.
3.10 The membership is for 12 months for the time that the consultants/matchmakers spend searching matches and sending the profile out to other users or potential candidates, headhunting potential candidates for the contract period, and additional services as detailed in your package, commencing on signature of this Agreement. Headhunting will be conducted in the respective country where you reside, and/or any other countries which have been agreed upon for your programme. Any ad hoc relevant expenses/costs (travel, accommodation, sustenance) to us relating to the search, asked by the client and agreed upon, are not part of the joining fee and will be invoiced to the client.
3.11 You agree to respond and answer our questions in our emails within 72 hours of receipt unless you have informed the company of your non-availability.
4. Our Rights and Responsibilities
(i) never share your personal information with anyone unless you give us permission to do so;
(ii) take care of your personal information and use appropriate security measures to protect it.
You agree to let us know of any changes to your personal information as soon as possible.
4.2 We reserve the right to refuse any application for membership or to terminate your membership without notice or refund at any time and at our sole discretion. We shall not be liable to you for any such termination.
4.3 All materials provided to you by PLM, and any intellectual property belonging to or associated with our company and/or services, including any website, trade mark or trade name, logo, software, text and graphics are the sole property of PLM and you agree that you will not infringe any such rights in any way. You may not download, modify, display, copy (including without limitation making derivative works based on such material) or print any such material or any of the content on this website or that we provide to you, except for your own personal non-commercial use.
5.1 Liability: Your use of our services is at your sole risk. PLM does not accept any liability for any loss, damage, claim or expense, whether direct or indirect and howsoever caused, arising out of your membership and/or your use of the service or your reliance on advice or information provided by us. All warranties in respect of the service and/or such information, whether express or implied, are excluded. We are not responsible for any loss or damage incurred by you as a result of any action or decision you take based on advice or information we provide. Notwithstanding the foregoing, any liability of PLM to you for any and all causes of action will be limited to the amount paid by you in respect of PLM’s services.
5.2 We endeavour to ensure that the information provided on our website is accurate and current. However, we cannot guarantee the accuracy of such information nor accept responsibility for any adverse consequences resulting from your reliance upon it.
5.3 Any of PLD and PLM’s websites may contain links to other websites. These are provided as a convenience to our users and we accept no liability or responsibility for the content of those websites, nor do we make any claims as to the truth or accuracy of the information contained therein. You access such websites at your own risk.
5.4 Notwithstanding conditions 5.1, 5.2 and 5.3 above, nothing in these terms and conditions shall attempt to limit or exclude our liability for death or personal injury caused by negligence.
5.5 Entire agreement: This contract constitutes the entire agreement between you and PLM. The following terms are a separate agreement between you and PLD.
5.6 No waiver: Any failure by PLM to enforce any provision of these terms and conditions at any time shall not be construed as a waiver of such provision and shall not affect the right of PLM to enforce such provision.
5.7 Rights of Third Parties: Nothing in the Contracts (Rights of Third Parties) Act 1999 shall operate to give any third party the right to enforce any term of this contract.
5.8 Severability: If any provision in these terms and conditions is deemed to be illegal, unenforceable or invalid for any reason, it shall be deemed to have been struck out and the remaining provisions shall survive and continue to be binding and enforceable.
*The following form is only to be completed by new Pink Lobster Matchmaking clients
You will also need to add your details to PinkLobsterDating.com (“PLD”). This information is encrypted will SSL security. Your information can also be set as private thereby ensuring users of PLD cannot see your profile.
The Data Protection Act
We are registered as a Data Controller as required under the Data Protection legislation. We will follow the principles set out in that legislation at all times while processing your personal information. Your personal information includes things like your name and address (post and/or email).
We may ask for information classed as ‘sensitive’ under the legislation (things like health, ethnicity, sexuality or political affiliations), and if you choose to provide that data to us, you consent to our processing it for the purposes of providing our services to you.
We will process your personal data and additional details carefully and lawfully, and will only share them with our employees, consultants, agents and appointed representatives, except where we have your explicit consent. If you book an activity, event or sessions with an external company with us, we will share your personal data and that of anyone on whose behalf you make the booking, with the relevant entities (such as airlines) as necessary to allow the booking to proceed successfully, and by making the booking you consent to our doing so.
We will absolutely not sell your personal information to third parties for marketing purposes, although we may occasionally share aggregated data for this purpose. Aggregated data does not contain information which could identify you personally; an example would be “85% of our Pink Lobster Matchmaking clients have met their match”.
We will do our best to protect your personal data using appropriate technical and organisational steps, and will store it on our database within a secure network. However, you acknowledge that we cannot absolutely guarantee the security of your personal data.
We will not disclose your personal information to any third party without your permission. We will always discuss any opportunities with you and get your consent before effecting any introduction. We will not transfer your data outside the European Union unless you make a booking for a holiday outside the Union and thereby consent to our doing so for the purpose of fulfilling that booking.
However, if we reasonably believe that we are required by law to disclose your personal information to a third party, whether in compliance with any applicable law or regulation or by order of a court or in connection with legal proceedings, we may do so. We may also do so where we reasonably believe that it is necessary in order to protect the personal safety of ourselves, our members, or the general public.
You can contact us at any time to terminate your membership and request that we cease to hold your personal data. We will do our best to accommodate your request, but if we need to hold any details for statutory or accounting purposes, we will inform you of that fact, of what data we are retaining, and of how long we will retain it.
Subject to the above paragraph, we will hold your personal information for as long as we need to in order to comply with our legal obligations. You must inform us of any changes to it so that we can keep your personal information up-to-date. If we have not used your data for 12 months, we will contact you to find out if you want to keep your personal information on our database. (This does not include membership to PLD.) If we receive no reply, we may delete or archive it in accordance with the Data Protection Act. Archiving means that your personal information will not be available on the Internet either to you or to third parties.