TERMS & CONDITIONS
THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 8 (TERMINATION).
The following definitions and rules of interpretation apply in these Conditions.
Business Day: a day other than a Saturday, Sunday or public holiday in England or Scotland, when banks in London or Edinburgh are open for business.
Charges: the charges payable by the Client for the supply of the Services in accordance with Clause 5.
Commencement Date: has the meaning given in Clause 2.2.
Conditions: these terms and conditions as amended from time to time in accordance with Clause 11.5.
Contract: the contract between Personal Match UK Ltd, trading as, Personal Match UK Ltd and the Client for the supply of Services in accordance with these Conditions.
Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.
Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical measures: as defined in the Data Protection Legislation.
Client: the person or firm who purchases Services from the Service Provider.
Client Default: has the meaning set out in Clause 4.2.
Cooling-off period: has the meaning set out in Clause 8.1.
Data Protection Legislation: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
Meeting or Meets: the matches provided based on your Assessment form.
Order: The Client’s order for Services as set out the Client’s written acceptance of a quotation by the Service Provider, or overleaf, as the case may be.
Services: the services, including the Deliverables, supplied by the Service Provider to the Client as set out in the Specification.
Specification: the description or specification of the Services provided by the Service Provider to the Client.
Service Provider: Personal Match UK LTD registered in Scotland with company number SC610481.
Service Provider Materials: has the meaning set out in Clause 4.1(h).
UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive (2002/58/EC) (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
(a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes fax and email.
- BASIS OF CONTRACT
(Summary of Clause 2)
THIS SECTION OUTLINES WHEN THE CONTRACTUAL RELATIONSHIP BEGINS (Commencement Date). IT ALSO ESTABLISHES THAT NO ADVERTISEMENTS GIVEN BY THE SERVICE PROVIDER SHALL FORM ANY PART OF THE CONTRACT AND NO AMOUNT QUOTED GIVEN BY THE SERVICE PROVIDER SHOULD BE VIEWD AS AN OFFER. THE ASSESSMENT FORM COMPLETED BY THE CLIENT AND SERVICE PROVIDER IS THE BASIS OF THE CONTRACT AND THE CLIENT WILL BE MATCHED BASED ON THIS FORM.
2.1 The Order constitutes an offer by the Client to purchase Services in accordance with these Conditions.
2.2 Once the Client has made a payment for the services offered by Personal Match UK then a contract now exists.(Commencement Date).
2.3 Any samples, drawings, descriptive matter or advertising issued by the Service Provider, and any descriptions or illustrations contained in the Service Provider’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.5 Any quotation given by the Service Provider shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue.
2.6 The Assessment Form which the Client and the Service Provider complete together will form the basis of the contract. The Client will be matched based on the facts and circumstances outlined in the form and the package purchased. Any changes and/or updates from the original application must be discussedwith management and we hold the right to refuse the changes based on the impact on the number of matches. Changes will affect your matching process.
- SUPPLY OF SERVICES
(Summary of Clause 3)
THIS SECTION OUTLINES THAT THE SERVICE PROVIDER WILL PROVIDE SERVICES IN ALL ASPECTS THAT’S ARE RELEVANT AND ESSENTIAL; THAT THE SERVICE PROVIDER WILL SO FAR AS POSSIBLE MEET DATES BUT THE TIMES AND DATES STATED IN ANY COMMUNICATIONS TO CLIENTS ARE NOT MANDATORY TO THE PERFORMANCE CONTRACT; THAT THE SERVICE PROVIDER CAN AMEND ANY SPECIFIED ELEMENT OF THE SERVICES IN ORDER TO COMPLY WITH THE LAW OR REGULATORY BODY AND WILL NOTIFY THE CLIENT IN THIS EVENT; THAT THE SERVICE PROVIDER WILL USE REASONABLE CARE AND SKILL TO FIND SUITABLE MATCHES BASED ON THE ASSESSMENT FORM.
3.1 The Service Provider shall supply the Services to the Client in accordance with the Specification in all material respects.
3.2 The Service Provider shall use all reasonable endeavours to meet any performance dates specified in written communications but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
3.3 The Service Provider reserves the right to amend the Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Service Provider shall notify the Client in any such event.
3.4 The Service Provider understands that the Services will be provided using reasonable care and skill.
3.5 The Service Provider will search the UK for your potential partner and ensure that each meeting has potential based on the Assessment form.
3.6 The Service Provider cannot guarantee that the Client will find a marriage partner.
3.7 The Service Provider will specify the location of all meetings. This will be in either London or Glasgow.
3.8 The Service Provider will recommend for the Client to meet someone who matches their criteria. Once the Client has a agreed to the match, this meeting will be removed from their package total.
3.9. The Service Provider may record calls with the client for training and quality purposes.
- CLIENT’S OBLIGATIONS
(Summary of Clause 4)
THIS SECTION OUTLINES ALL OBLIGATIONS OF EVERY NATURE OF THE CLIENT. THIS INCLUDES WHAT IS EXPECTED FROM THE CLIENT INCLUDING THE MINIMUM AGE TO ACCESS THE SERVICES AND ENSURING THE ACCURACY OF THE CLIENT’S ASSESSMENT FORM. THIS SECTION ALSO OUTLINES THE PENALTIES TO THE CLIENT FOR PREVENTING THE SERVICE PROVIDER FROM PERFORMING ANY OF ITS OBLIGATION BECAUSE OF A FAILURE TO PERFORM ANY SPECIFIED OBLIGATION, OR BECAUSE OF AN ACTION OR LACK OF ACTION ON THE PART OF THE CLIENT. THIS SECTION ALSO OUTLINES THAT THE CLIENT MUST BE REASONABLY FLEXIBLE WITH THE REQUIREMENTS OUTLINED ON THE CLIENT’S ASSESSMENT FORM.
4.1 The Client shall:
(a) ensure that the terms of the Order and any information it provides in the Specification are complete and accurate;
(b) co-operate with the Service Provider in all matters relating to the Services. The match making process does not have set amount of time, therefore we advise that patience should be practiced throughout the duration of the contract.
(c) provide the Service Provider with such information and materials as the Service Provider may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(d) complete the assessment form with information that is accurate and correct at the time of completion. If facts or circumstances should materially change or be discovered as false, the contract will be deemed invalid.
(e) agree to a package and, once signed, the Client must adhere to and attend the relevant meetings unless they choose to upgrade the package.
(f) be required to travel to the meeting location specified. Travel and accommodation expenses will be the responsibility of the Client and is not included in the package.
(g) be required to inform the Service Provider of cancellations of meets at least 48 hours in advance. Failure to do this will mean the meeting will be regarded as being completed and will not be rescheduled. The meeting will also be removed from your meeting package.
(h) be required to inform the Service Provider of their intention to attend a meeting 7 days before the relevant meeting day if the meet is face to face. If the meeting is digital, then the requirement to inform the Service Provider is 72 hours before the digital meeting.
(i) are not permitted to exchange contact details or contact any matches through the internet/social media or record any digital meetings without permission being sought from the Service Provider. This is because your match may not be comfortable sharing their contact details or images.
(j) be required to adhere to the dress code on meetings. Clients should dress in formal or smart clothes.
(k) be required to give adequate consents if they wish to have third parties discuss their meetings or the services, they are receiving from the Service Provider.
(l) be required to keep confidential any information regarding previous meets or future meets to anyone who is not a representative of the Service Provider.
(m) be 18 years of age or over to use the services by the Service Provider and must be legally and Islamically divorced.
(n) be expected to present any documentation required at the time of the application. For example, passport (UK, EU, Canadian or USA), proof of address, employment, income and any other document required to process the application.
(o) be expected to book appointments by signing up to the link provided by the Service Provider. The Service Provider is contactable during working hours from Monday-Friday each week unless it is a meet weekend. It is the responsibility of the Client to contact the Service Provider for any reason.
(p) be expected to follow government guidelines in relation to Covid-19. Any Client that meets with their match out with the Service Provider’s guidelines will do so at their own risk. The Service Provider will not be liable for any sickness or injury as a result of this.
(q) be expected to complete the package purchased and shall only be able to increase the number of meets by purchasing an upgraded package.
(r) be expected to inform the Service Provider should the Client wish to meet a match again with 7 calendar days of the initial meeting.
(s) be expected to be in full time employment at the time of application.
4.2 If the Service Provider’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation such as lack of communication or failure to turn up or adhere to relevant appointments(Client Default):
(a) without limiting or affecting any other right or remedy available to it, the Service Provider shall have the right to suspend performance of the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations in each case to the extent the Client Default prevents or delays the Service Provider’s performance of any of its obligations;
(b) the Service Provider shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from the Service Provider’s failure or delay to perform any of its obligations as set out in this Clause 4.2; and
(c) the Client shall reimburse the Service Provider on written demand for any costs or losses sustained or incurred by the Service Provider arising directly or indirectly from the Client Default.
(d) the Client shall show reasonable flexibility in terms of match criteria preferences as outlined in the Assessment Form at the commencement of the contract. For example, the Client will be flexible on issues such as, but not limited to, age, location, profession, income, marital status, physical attributes such as height and symmetry.
- CHARGES AND PAYMENT
(Summary of Clause 5)
THIS SECTION OUTLINES THE CLIENT’S PRINCIPAL OBLIGATION TO PAY THE CHARGES QUOTED FOR THE CHOSEN PACKAGE AND THE OBLIGATION TO PAY SAID CHARGES BEFORE THE COMMENCEMENT OF SERVICE OR WITHIN 14 DAYS OF THE COMMENCEMENT SERVICES.
5.1 The Charges for the Services shall be calculated prior to the commencement of the Services:
(a) the Charges shall be calculated in accordance with the Service Provider’s package fee rates, as set out during consultation.
(b) the Service Provider shall be entitled to charge the Client for any expenses reasonably incurred by the individuals whom the Service Provider engages in connection with the Services including travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by the Service Provider for the performance of the Services, and for the cost of any materials.
5.2 The Service Provider shall invoice the Client before commencement of service.
5.3 The Client shall pay each invoice submitted by the Service Provider:
(a) within 14 days of the date of the invoice or prior to the commencement of services
(b) in full and in cleared funds to a bank account nominated in writing by the Service Provider, and time for payment shall be of the essence of the Contract. (Services will not be provided unless payment has been received)
5.4 All amounts payable by the Client under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by the Service Provider to the Client, the Client shall, on receipt of a valid VAT invoice from the Service Provider, pay to the Service Provider such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
5.5 If the Client fails to make a payment due to the Service Provider under the Contract by the due date, then, without limiting the Service Provider’s remedies under Clause 9, the Client shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this Clause 5.5 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
5.6 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
5.7 If the Client is unable to proceed with the Contract due to any unforeseen circumstances such as death, illness, re-location, job loss or marriage outside of Personal Match UK jurisdiction, then the Contract is transferrable as a gift to members of Client’s family and friends. An admin fee of £99 will be required by Client or gifted person to start the communication and initial consultation.
- DATA PROTECTION
(Summary of Clause 6)
THIS SECTION OUTLINES HOW THE SERVICE PROVIDER WILL OBSERVE THE APPLICABLE LAW IN RELATION TO DATA PROTECTION AND THAT THE SERVICE PROVIDER IS TAKING REASONABLE MEASURES TO AVOID A POTENTIAL DATA BREACH. THIS SECTION ALSO OUTLINES THAT THE CLIENT HAS THE RIGHT TO MAKE A DATA SUBJECT ACCESS REQUEST IN COMPLIANCE WITH THE APPLICABLE LAW.
6.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This Clause 6 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation. In this Clause 6, Applicable Laws means (for so long as and to the extent that they apply to the Service Provider) the law of the European Union, the law of any member state of the European Union and/or Domestic UK Law; and Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK.
6.2 The parties acknowledge that for the purposes of the Data Protection Legislation, the Client is the controller and the Service Provider is the processor.
6.3 Without prejudice to the generality of Clause 6.1 the Client will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to the Service Provider for the duration and purposes of the Contract.
6.4 Without prejudice to the generality of Clause 6.1, the Service Provider shall, in relation to any personal data processed in connection with the performance by the Service Provider of its obligations under the Contract:
(a) process that personal data only on the documented written instructions of the Client unless the Service Provider is required by Applicable Laws to otherwise process that personal data. Where the Service Provider is relying on Applicable Laws as the basis for processing personal data, the Service Provider shall promptly notify the Client of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Service Provider from so notifying the Client;
(b) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Client, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
(c) ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; and
(d) not transfer any personal data outside of the European Economic Area unless the prior written consent of the Client has been obtained and the following conditions are fulfilled:
(i) the Client or the Service Provider has provided appropriate safeguards in relation to the transfer;
(ii) the data subject has enforceable rights and effective legal remedies;
(iii) the Service Provider complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and
(iv) the Service Provider complies with reasonable instructions notified to it in advance by the Client with respect to the processing of the personal data;
(e) assist the Client, at the Client’s cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(f) notify the Client without undue delay on becoming aware of a personal data breach;
(g) at the written direction of the Client, delete or return personal data and copies thereof to the Client on termination of the agreement unless required by Applicable Law to store the personal data; and
(h) maintain complete and accurate records and information to demonstrate its compliance with this Clause 6 and allow for audits by the Client or the Client’s designated auditor and immediately inform the Client if, in the opinion of the Service Provider, an instruction infringes the Data Protection Legislation.
6.5 The Client does consent to the Service Provider appointing any third party processor of personal data under the Contract.
6.6 Either party may, at any time on not less than 30 days’ notice, revise this Clause 6 by replacing it with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme (which shall apply when replaced by attachment to the Contract).
- LIMITATION OF LIABILITY: THE CLIENT’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
(Summary of Clause 7)
THIS SECTION OUTLINES THE LIMIT TO THE AMOUNT THAT THE SERVICE PROVIDER HAS TO PAY THE CLIENT IF THE CLIENT SUFFERS A LOSS BECAUSE OF THE SERVICES CONTRACTED FOR. THE SERVICE PROVIDER WILL ONLY PAY TO THE CLIENT £200 OR 10% OF THE AMOUNT OF THE CLIENT’S PURCHASED PACKAGE.
7.1 The restrictions on liability in this Clause 7 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
7.2 Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
7.3 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
7.4 Subject to Clause 7, the Service Provider’s total liability to the Client shall not exceed £200 (TWO HUNDRED POUNDS STERLING.)
7.5 Subject to Clause 7, the Service Provider’s total liability to the Client in respect of all breaches of duty occurring within any contract year shall not exceed the cap.
7.6 In Clause 7:
(a) cap. The cap is the greater of £200, TWO HUNDRED POUNDS STERLING, OR 10% of the total charges in the contract year in which the breaches occurred.
(b) contract year. A contract year means a 12-month period commencing with the Commencement Date or any anniversary of it; and
(c) total charges. The total charges means all sums paid by the Client and all sums payable under the Contract in respect of goods and services actually supplied by the Service Provider, whether or not invoiced to the Client.
7.7 The Service Provider is not liable or accountable for ANY breakdown in relationship that is formed through the services or outside the services.
7.8 The Service Provider is not responsible for any undisclosed information by a third-party concerning Clients.
7.10 This sets out specific heads of excluded loss and exceptions from them:
(b) If any loss falls into one or more of the categories in Clause 7.10(c) and also falls into a category, or is specified, in Clause 7.10(d) then it is not excluded.
(c) The following types of loss are wholly excluded:
(i) loss of profits
(ii) loss of sales or business.
(iii) loss of agreements or contracts.
(iv) loss of anticipated savings.
(v) loss of use or corruption of software, data or information.
(vi) loss of or damage to goodwill; and
(vii) indirect or consequential loss.
(d) The following types of loss and specific loss are not excluded:
(i) sums paid by the Client to the Service Provider pursuant to the Contract, in respect of any Services not provided in accordance with the Contract;
(ii) wasted expenditure;
(iii) additional costs of procuring and implementing replacements for, or alternatives to, Services not provided in accordance with the Contract. These include but are not limited to consultancy costs, additional costs of management time and other personnel costs, and costs of equipment and materials;
(iv) losses incurred by the Client arising out of or in connection with any third party claim against the Client which has been caused by the act or omission of the Service Provider. For these purposes, third party claims shall include but not be limited to demands, fines, penalties, actions, investigations or proceedings, including but not limited to those made or commenced by subcontractors, the Service Provider’s personnel and regulators and Clients of the Client.
7.10 The Service Provider has given commitments as to compliance of the Services with relevant specifications in Clause 3. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
7.11 Unless the Client notifies the Service Provider that it intends to make a claim in respect of an event within the notice period, the Service Provider shall have no liability for that event. The notice period for an event shall start on the day on which the Client became, or ought reasonably to have become, aware of the event having occurred OR its having grounds to make a claim in respect of the event and shall expire 1 month (30 days) from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
7.12 This Clause 7 shall survive termination of the Contract.
(Summary of Clause 8)
THIS SECTION OUTLINES THAT THE CLIENT HAS 14 DAYS FROM THE COMMENCEMENT DATE OF THE CONTRACT IN WHICH TO TERMINATE THE CONTRACT AND GET A FULL REFUND, PROVIDED SERVICES HAVE NOT COMMENCED. THIS SECTION ALSO OUTLINES THAT THE SERVICE PROVIDER CAN TERMINATE THE CONTRACT IF THE CLIENT FAILS TO PAY ANY AMOUNT DUE; THE CLIENT HAS NOT USED THEIR PURCHASED PACKAGE WITHIN 18 MONTHS OF PUCHASE; THE CLIENT HAS BEEN RUDE, AGGRESSIVE OR THREATENING AND THE SERVICE PROVIDER HAS BEEN UNABLE TO REACH THE CLIENT FOR A 1 MONTH PERIOD (30 DAYS).
8.1 Without affecting any other right or remedy available to it, either party may terminate the Contract by giving the other party written notice within the first 14 days of the contract being made, and the Client can obtain a full refund within this period, provided the service have not commenced. (cooling-off period). If services have commenced within the 14 days a partial refund will be issued proportionate to the services obtained e.g. Coaching and meets. If you have passed the 14-day cooling-off period, you can also opt to donate your meets to someone who cannot afford the services.
8.2 Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing to do so;
(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
(d) the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
(e) the other party fails to engage or correspond with the other party for 1-month (30 days) calendar days.
8.3 Without affecting any other right or remedy available to it, the Service Provider may terminate the Contract with immediate effect by giving written notice to the Client if:
(a) the Client fails to pay any amount due under the Contract on the due date for payment;
(b) the Client has not used up their package for 18 months from the commencement date of the contract, including taking meet holidays i.e. Exams, sickness or getting to know someone etc.
(c) the Client has exhibited rude, aggressive, abusive or threatening behaviour towards Personal Match UK representatives, staff members and Clients.
(d) the Service Provider has been unable to reach the Client after making reasonable attempts with no response within a 1-month period (30 days).
8.4 Without affecting any other right or remedy available to it, the Service Provider may suspend the supply of Services under the Contract or any other contract between the Client and the Service Provider if the Client fails to pay any amount due under the Contract on the due date for payment, the Client becomes subject to any of the events listed in Clause 8.2(b) to Clause 8.2(d), or the Service Provider reasonably believes that the Client is about to become subject to any of them.
- CONSEQUENCES OF TERMINATION
(Summary of Clause 9)
THIS SECTION OUTLINES THAT AFTER THE 14-DAY COOLING OFF PERIOD, ALL MONIES WILL BE NON-REFUNDABLE AND THAT A £99 FEE WILL APPLY SHOULD THE SERVICE PROVIDER BE UNABLE TO CONTACT YOU FOR A PERIOD OF 1 MONTH (30 DAYS).
9.1 On termination of the Contract:
(a) the Client shall immediately pay to the Service Provider all of the Service Provider’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Service Provider shall submit an invoice, which shall be payable by the Client immediately on receipt;
9.2 Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
9.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
9.4 Should the Service Provider be unable to contact the Client for than 1 month (30 days) the Client will be required to pay an additional admin fee of £99 to resume services.
9.5 After the 14-day cooling off period, all monies paid by the Client to the Service Provider from the commencement date will be non-refundable.
9.6 If you have been an active member for 12 months and you have attended 6 meet days within that time period, you will be eligible for a 10% refund of the package paid. You are eligible to receive this refund on the understanding that both parties have attempted to resolve the matter. Once all alternatives have been exhausted, then a refund of 10% will apply. Please note that refunds will not apply if you have less than 12-month membership.
(Summary of Clause 10)
THIS SECTION OUTLINES THAT NEITHER PARTY WILL BE LIABLE FOR BREACH OF CONTRACT IF PERFORMANCE OF THE CONTRACT IS DELAYED BY SOMETHING OUTSIDE OF THE CONTOL OF EITHER PARTY. IT ALSO OUTLINES THE VARIOUS PEOPLE TO WHICH THE CLIENT’S CONFIDENTIAL INFORMATION CAN BE DISCLOSED TO IN ORDER TO PERFORM THE CONTRACT. THIS SECTION ALSO OUTLINES THAT ANY OFFICIAL NOTICES OR COMMUNICATIONS TO EITHER PARTY SHOULD BE DELIVERED VIA EMAIL.
10.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
(a) Each party undertakes that it shall not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning the business, affairs, Clients, clients or Service Providers of the other party, except as permitted by Clause 10.3(b).
(b) Each party may disclose the other party’s confidential information:
(i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this Clause 10.3; and
(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
(c) Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.
10.3 Entire agreement.
(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
(c) Nothing in this clause shall limit or exclude any liability for fraud.
10.4 Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
10.5 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
10.6 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause 10.7 shall not affect the validity and enforceability of the rest of the Contract.
(a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by sent by email to the address specified on the company website.
(b) Any notice or communication shall be deemed to have been received:
(i) if sent by or email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this Clause 10.8 (b)(i), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
(c) This Clause 10.8 applies to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
10.9 Third party rights.
(a) Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
(b) The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
10.10 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
10.11 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
- 1 Any grievances or misunderstanding should be expressed to the Service Provider by telephone using the calendar link that is provided to each client. If the issue remains unresolved the Client should email the Service provider at firstname.lastname@example.org and go through the internal complaints process. For further information please have a look at the company’s complaints policy which is available on the Service Provider’s website.
11.2 If the Client does not respond to correspondence from the Service provider within 14 calendar days from receipt, the matter will be considered closed by the Service Provider.
11.3 In order to protect our business practices and client’s reputation by joining this service you have agreed not to express any NEGATIVE OPINIONS regarding any clients and business practices whilst a client with Personal Match UK and after the completion of your contract. This means that you cannot express any negative opinions through any Social Network, Internet, Media Publications in the UK and Europe wide, public and social events, Television and Radio broadcasts and other media or public arena that promotes your opinion. When dealing with other companies we ask that you keep all client and business details confidential.