Terms & Conditions
General Terms & Conditions of Interdate S.A.
as of March 11, 2007
The following Terms & Conditions define the legal scope for the use of the CDating services operated by Interdate S.A. 291, route d’Arlon LU - 1150 Luxembourg, Luxembourg under different domains, i.e. www.c-date.ch, www.c-date.de, www.c-date.at (hereinafter referred to as "CDating"). These General Terms & Conditions apply exclusively to all users and customers of CDating (hereinafter comprised as "customers"); even if these domains are being accessed from outside Luxembourg. The customer confirms having read and understood these General Terms & Condition and their acceptance of them, with his registration. Confirmation is given when “yes” is selected to the declaration "I have read and accepted the General Terms and Conditions".
I. Subject of the conditions
(1) CDating offers a service which enables users to search for other users based on previously selected criteria. CDating provides both free and chargeable services. Within the range of chargeable services, the costs are incurred either for the individual use of a service or through the use of the service for a stipulated period of time. In principle, registered members can use all services. Prior to using a service liable to costs, users are informed that the selected service requires payment and which fees apply. After receipt of payment, users may enter the chargeable area.
(2) The following conditions regulate the use of CDating services for CDating customers.
(3) CDating offers its services exclusively for private, non-commercial purposes. On registering, each member commits to using the service exclusively for his own private goals and confirms to be of full age, i.e. at least 18 years old.
II. Description and scope of services
(1) CDating grants its customers access to the operator's database and applications. This can happen through different domains as well as through the websites of partners who have integrated CDating in to their page, which may occur on a surface graphically adjusted to the design of the partner's web page.
(2) CDating grants its customers access to the application by requiring each member to fill out a questionnaire which allows the individual search criteria of the user to be recorded.
(3) CDating integrates the customers' questionnaire responses with additional personal profile data in order to match them with the data of all other CDating customers. This process is executed on the basis of a matching algorithm, developed especially for CDating, which provides conclusions about the compatibility degree of two customer profiles. As a result of this matching process, the customer receives a list of members (contact proposals) who match best his/her profile data. CDating customer service supports this process by identifying member profiles which are compatible with the search criteria of the contact-seeking users.
(4) Customers can get in touch with members proposed by CDating.
(5) The option to receive contact proposals from our service is liable to costs. Customers can purchase the access to this service for a stipulated period of time (e.g. 6 months), which, according to the terms described under VIII (3), will be prolonged automatically if the customer does not cancel his membership.
(6) Before using a service liable to costs, customers are informed that the selected service requires payment and which fees and payment modes apply. After receipt of payment the member is entitled to use the chargeable services.
(7) CDating does not make a guarantee for the provision of contact proposals within the selected membership duration and can by no means be held liable if no contact proposals are generated in this time. However, on demand, CDating grants the automatic extension of access to the chargeable option of receiving contact proposals, if within the selected time range (3, 6 or 12 months) at least 5, 10 or 20 contact proposals respectively, have not been delivered to the customer.
(8) CDating assumes no responsibility for the accuracy of the indications given in the questionnaire and for the evaluation of the latter.
(1) The access to the CDating database system requires registration with a password and a pseudonym selected by the customer. With his registration the customer acknowledges and accepts the provisions stipulated in these Terms & Conditions and declares his age of consent. The registration originates a contractual relationship between the customer and CDating which is regulated by these Terms & Conditions.
(2) CDating is entitled to block the access to its services for any customer who uses the system for illegal purposes, especially in the event of offence against the duties listed under VII.
(3) CDating provides both free and chargeable services. Within the range of chargeable services, the costs are incurred either for the individual use of a service or through the use of the service for a defined period. Prior to using a service liable to costs, users are informed that the selected service requires payment and which fees apply. After receipt of payment customers may use the chargeable service. All other services are basically free of charge.
(4) When using chargeable services, the registered customer incurs a second contractual relationship besides the contractual relationship incurred with the registration on CDating. This second contractual relationship is created as soon as the customer clicks on the confirmation field to accept the payment obligations on the respective web page.
IV. Data protection
(1) The security and the privacy of customer data is of major concern to CDating. Therefore CDating commits to respecting all existing privacy regulations.
(2) Within the scope of the contractual service provision, CDating collects, stores, processes and uses person-related data, such as age, gender, postcode, telephone number, the evaluated results of the questionnaire and pictures. Person-related data contains information about the personal and factual circumstances of specific customers. Furthermore, CDating stores the personal user settings of its customers to make sure that with each new login-session they can come back to their individually created settings.
(4) The customer agrees that the rights defined in figure (3) are also granted to affiliate partners of CDating.
(5) CDating will create user profiles anonymised through pseudonyms and transfer them for market research to other services providers the customer has made use of. This may include the transfer to cooperation partners. Every customer has the right to veto the transfer of his anonymised data for the purpose of consulting, promotion and market research. To exert this veto right an E-Mail should be sent to firstname.lastname@example.org indicating your pseudonym and your full name.
(6) On demand, CDating will provide the customer at any time, in full and at no charge, with information on his stored data.
(7) CDating explicitly points out to its customers that according to the current state of the art, full data protection for information transfer in open webs like the internet cannot be guaranteed. The customer should take responsibility for the security of the data he actively transfers to the internet.
(8) By registering for our services the customer agrees to the use of his data as described in the preceding paragraphs.
The use of services provided by CDating is free of charge, insofar as the customer does not receive information about a payment obligation for a selected service. The accrued costs and the payment mode are indicated for each chargeable service. If a customer's access should be blocked due to a contract breach from the user's side, the possible unused credit shall be retained by CDating as an overall service charge for the prevention of contract offences. The subscription cannot be transferred to or shared with third parties. The subscriber must inform the service operator immediately about changes concerning his bank account or the validity date of the credit card used to pay the CDating membership.
VI. Objections to calculated fees for chargeable services
(1) Objections to debited or invoiced fees must be raised by the customer against CDating in written form including the reason for the complaint, at the latest 14 days after the debiting of the objectionable charges or receipt of the invoice. If the customer should not submit a valid objection within this 14-day period, the debited or invoiced fees are deemed to have been accepted as correct.
(2) Minor disruptions to chargeable services do not entitle the customer to state a complaint. A minor disruption applies if the time where the customer cannot use the services does not exceed two consecutive days. Moreover, the prerequisite for a legitimate complaint is the liability of CDating according to point XII of these Terms & Conditions for the unavailability of services.
(3) The following applies to justified claims: Customers with time-based access to all chargeable services receive an extension of their membership corresponding to the duration asserted in the legitimate complaint.
(4) In the event of a justified claim, the member is entitled to set CDating an additional deadline of 5 working days for a proper fulfillment and to demand a credit voucher as described in paragraph (3). If the cause for the complaint has not been removed by the expiration of the deadline, the customer has the right to withdraw from the contract. Unused credits shall be refunded according to the terms given under VIII (4) and (5).
VII. Customers' duties
(1) The subscriber confirms to be at least 18 years old, i.e. in accordance with the laws of his/her country being of age and of full legal capacity and thus entitled to incur this agreement competently and qualified to its full extent. The subscriber also commits to consciously denying access to CDating services to minors and declares himself liable for keeping his login data secret from under-aged family members, friends and acquaintances. On request the subscriber shall prove his legal age by presenting a copy of his passport or other legal identity document as well as a copy of the bank account or credit card data used for the registration. The customer may not create or distribute copies of pictures or texts he received from a CDating related contact and also must not use or exploit them in any form for commercial or non-commercial purposes. Any unauthorised use or exploitation will be dealt with under civil law and will also be criminally prosecuted. This also applies to all kinds of communication with other members of this dating platform.
(2) Each customer is obliged to treat all E-Mails and other messages or data from other members connected with the use of the CDating database as confidential and not to make them available to third parties without the approval of the author. This also applies to names, telephone numbers, fax numbers, residential and e-mail addresses and/or URLS of other customers. The distribution of any details referring to non-customers is also prohibited.
(3) Furthermore, each customer pledges to abstain from any misuse of the services offered by CDating. This particularly refers to
a) distributing through CDating any defamatory, obscene, pornographic or other illegal material or similar data;
b) using the CDating services for the purpose of threatening, harassing or injuring the rights of others (including personal rights) or to promise or request financial or other monetary services;
c) uploading data to CDating:
- which contains a virus (contaminated software);
- which contains software or other material protected by copyright or trademark rights, unless the user is owner of the applicable rights or has the legal permission to use such software or material;
d) using CDating in a way that could have a negative impact on the availability of offers for other users;
e) sending e-mails to customers for any other purpose than private communication, especially advertising or offering other goods or services;
(4) Regardless of any potential civil and criminal prosecutions by the individual customer, the breach of one of these conduct regulations entitles CDating to withdraw from the contract without notice and to immediately block access to the CDating database for the corresponding customer according to the terms exposed in clause III.
(5) Should there be evidence of unauthorised or illegal use of our service, CDating is entitled to check the contents entered by customers, to block the access to this data, if applicable, and to immediately block the access to the service for the customer according to the terms exposed in clause II. In cases of doubt, CDating reserves the right to the final decision regarding the legitimacy of the usage put into question.
VIII. Log-off and cancellation
(1) All customers have the right to log off any time without giving a reason. With the log-off, the data record stored for the customer’s profile will be deleted and the contractual relationship described in clause III (1) will cease. CDating also has the right to withdraw from the contract at any time, with a notice period of 14 days.
(2) If a customer of a chargeable service should cancel his subscription, the contractual relationship described in clause III (3) of these General Terms & Conditions remains hereby unaffected. With the cancellation the customer abandons the right to use chargeable services which have not yet been exhausted, i.e. executed payments will not be refunded to the customer.
(3) The access to chargeable contacting according to clause (5) and the corresponding contractual relationship according to clause III (3) is automatically extended by the selected access period (e.g. 3 or 6 months), if the customer does not cancel in writing his contract 14 days before his access expires, or where applicable within the notice period indicated on his contract, under the specification of his full name and his alias/pseudonym. Further information on the cancellation process can be found in the FAQ area of the CDating website.
(4) CDating has the right to partially or fully withdraw offered services at any time.
(5) Customers who, due to payments already made, have a claim for the balance of their funds when services are withdrawn by CDating, shall receive a proportional refund (credit) for the loss of use.
CDating has the right but not the duty to check the content of any received texts, photos or graphic files to ensure compliance with the general statutory provisions or these General Terms & Conditions and, when required, modify or delete the questionable contents.
All rights to programs, services, procedures, software, technology, brand names, trademarks, inventions and all material belonging to CDating are the exclusive property of CDating. CDating is the owner of all copyrights to the above rights. The use of all programs and their content; and the materials, brand names and trademarks incorporated therein, are exclusively permitted for the purposes specified in these Terms & Conditions. Any reproduction of programs, services, procedures, software etc. - irrespective of the purpose – is not allowed.
(1) (1) As CDating has no control over the accuracy and the security of data exchanged between customers or entered in the customers’ profiles, the operator cannot assume any responsibility for this data. Liability is hereby excluded in all events. CDating equally assumes no liability for the accuracy and success of the profile matching as well as the evaluation of the personality test. CDating assumes no liability for the contents of the evaluation and of the individually created profile. Although they are not allowed to, customers may provide false information or use the CDating application for other unauthorized or illegal purposes. In the event of unauthorized or illegal use of the system, all liability of CDating is excluded. CDating only guarantees the effort of contact mediation and not its success. Thus CDating cannot be held liable if within the selected contract duration no contact shall result or if the real personalities of two proposed contacts are incompatible.
(2) CDating assumes no liability for the uninterrupted availability of the system and system-based malfunctions, disruptions and disturbances of the technical equipment and service itself. CDating expressly assumes no liability for disruptions to the quality of access to the CDating database for reasons due to force majeure or events CDating cannot control, in particular the malfunction of communication networks and gateways. CDating equally assumes no liability for minor service disruptions.
(3) CDating will only assume liability for damages arising through reasons other than the above-mentioned causes in the event of intentional acts or gross negligence by its agencies, employees and servants, and only to a degree which bears relation to the other causes contributing to the creation of damage.
(4) CDating will assume liability for minor negligence only if an agency, employee or servant of CDating has breached a significant contractual duty. This liability is restricted to damage typically arising from such a breach.
(5) All further liability is excluded.
The customer hereby releases CDating from all liability and duties, expenditures and claims arising from damages through defamation, slander and breach of personal rights by other users, service disruptions, injury to intellectual property or other rights by other members. Furthermore, each user hereby excludes CDating from all liability, claims and costs arising from a breach of these General Terms & Conditions.
Notifications from CDating to its users are delivered through special display templates after a "login" or per E-Mail. Messages from customers to CDating must be directed to the addresses specified on the website (e.g. email@example.com) or by post.
XIV. Off-set/Right of retention
The user may only assert off-set or retention rights against CDating insofar as his demands are legally established, uncontested or recognised.
XV. Amendments to the General Terms & Conditions
CDating reserves the right to amend these Terms & Conditions at any time. CDating shall indicate explicitly any amendments to its customers. Customers have the opportunity to object to the amended General Terms & Conditions within two weeks. CDating shall inform users of this right at the time of notification of the new amendments. If the customer should not object to the amendment within this time period, the new Terms & Conditions will be applicable for the user from the day this notice period expires. CDating is entitled to amend these Terms & Conditions. These amendments are effective as soon as they are available online on the website. This applies irrespective of the possibility each customer has to cancel his membership. If the customer continues to use the CDating services, his approval of the amendments is deemed to have been given. If the customer should object to the amended Terms & Conditions, CDating is entitled to cancel the free membership as described in clause III.(1) without previous notice. In this case, CDating equally has the right to object to the automatic extension of the chargeable membership exposed under II.(5), III.(3), VIII.(3). Should this happen, the chargeable membership will end with the expiration date of the previously selected subscription. Customers will be informed a minimum of two weeks before this date.
Customers are herby requested to respectively take notice of the latest version of the Terms and Conditions, which is always available on the website of the operator. The customer's visit to the CDating website implies their full acceptance of each amendment or review.
XVI. General information
If single provisions of these General Terms & Conditions should be or become incomplete or invalid, the remaining General Terms & Conditions shall remain effective . The incomplete or invalid provision will be replaced or amended by a regulation coming as close as possible to the economic intent. The exclusive jurisdiction for all CDating related disputes is the CDating domicile.
XVII. Right of withdrawal
The customer has the right to withdraw from the contractual relationship with CDating according to clause III (1) within 2 weeks of the beginning of the contract (registration date) in a written declaration directed to CDating by E-Mail to the E-Mail address indicated in paragraph XIII or by post to the address indicated in the paragraph ´Preamble`.
The customer has the right to withdraw from the contractual relationship with CDating according to clause III (1) within 2 weeks of the beginning of the contract (registration date), insofar as he has not yet made use of the chargeable service. The right of withdrawal expires with the use of the service.
XVIII. Registered office
The domicile of Interdate S.A. is Luxembourg, Luxembourg. The CDating websites are hosted by CDating servers.
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