WellMatched Ltd is the exclusive owner of www.wellmatched.com.
Interpretation
1.1
In this agreement the following meanings shall apply :
"We" and "us" means WellMatched Ltd.
"You" means the customer we make the Contract with and includes any person
who we reasonably believe is acting with the customer's authority or knowledge.
"Content" means information, software, photos, video, graphics, music,
sound and other material appearing on or available through the Service including
the Users' Material.
"Contract" means the agreement between us and you for the provision of
the Service incorporating the Terms and the registration form displayed and completed
on-line.
"Service" means your use of WellMatched for any purpose whatsoever.
"Terms" means these terms and conditions.
"Users' Material" means any material appearing on the Service which has
originated from users of the Service.
1.2
These Terms and the registration form displayed and completed on-line set out the
entire agreement between you and us for the provision of the Service. To the extent
there is any conflict or inconsistency between them these Terms shall prevail. When
joining the service you agree to be bound by all the terms in this agreement.
1.3
We reserve the right to modify or change the Terms and Conditions that apply to
your subscription at any time. We may effect notification in writing either by sending
you an email and / or by posting a revised agreement on this website which you can
access anytime by using the Terms and Conditions link. Any change will become effective
by being posted on the website. Your continued use of the service after notification
shall be deemed to constitute acceptance by you of the changes, modifications, additions
or deletions. You agree to occasionally review this agreement to ensure you are
aware of any such revisions.
Provision of service
2.1
We agree to provide you with the Service in accordance with the terms and conditions
of the Contract.
2.2
We cannot guarantee that the Service will never be faulty but we will correct reported
faults as soon as we reasonably can. If a fault occurs you should report the fault
by e-mail or in writing to the Help Centre.
2.3
We may temporarily suspend the whole or any part of the Service for any reason at
our sole discretion. We may, but shall not be obliged to, give you as much notice
as is reasonably practicable. We will restore the Service as soon as reasonably
practicable after temporary suspension. We shall not be liable to you for any loss
which you may incur as a result of such suspension or delay.
2.4
We may vary the technical specification of the Service from time to time.
2.5
We reserve the right at our sole discretion to modify or discontinue the service
(or part thereof). You agree that WellMatched shall not be liable to you or any
3rd party for any modification, suspension or discontinuation of the service.
Security
3.1
You must be at least 18 years of age and single, separated from your spouse, or
divorced to use the service. By using the website you represent and warrant that
you have the authority and capacity to enter into this Agreement and to abide by
all the terms and conditions. You must not have been convicted of any offence relating
to violence and / or harassment. You must not have been subject to any injunction
related to the Protection from Harassment Act 1997. You also warrant and represent
to WellMatched that you will use this website in a manner consistent with any and
all applicable laws and regulations.
3.2
You are responsible for ensuring that no unauthorised access is obtained to the
Service through your Account. You will be entirely liable for all activities conducted
and charges incurred through your Account, whether authorised by you or not.
3.3
In order to access the Service you will be required to create a unique password.
You are responsible for the security and proper use of the Passwords and to take
all necessary steps to ensure that all the Passwords are kept confidential, used
properly and not disclosed to unauthorised people.
3.4
You must inform us immediately if you have any reason to believe that any Password
has become known to someone not authorised to use it or if any Password is being
or is likely to be used in an unauthorised way.
3.5
If we have reason to believe that there is likely to be a breach of security or
misuse of the Service we may change your Password and notify you accordingly.
3.6
If you forget any Password, you may write to the Data Administrator, WellMatched
, 606 Old Dalkeith Road, Edinburgh, EH16 4SN and satisfying the security checks
we operate, you, will be given a new Password to enable you to use the Service.
You may change your Passwords and registration details on-line at any time.
3.7
You confirm and warrant that all the information supplied by you when you register
for the Service is true, complete and accurate in all respects and you agree to
notify us immediately of any changes to that information. If we believe that you
have provided false information on registration or that you have intentionally failed
to notify us of any changes to this information we reserve the right to terminate
this Contract without notice.
3.8
We reserve the right to co-operate fully with any party having, or appearing to
us to have, rights or obligations to view or to receive copies of any material posted
or transmitted on the Service.
3.9
We have no obligation to monitor disputes between members, however we retain the
right to do so.
3.10
We reserve the right to monitor all postings and messages to ensure that they conform
to the content guidelines that are expressed by us and subject to change from time
to time.
3.11
Any renewal of your membership is subject to our terms and conditions at the time
of renewal.
Use of data
Overview
www.wellmatched.com is a part of WellMatched Ltd. We are committed to protecting
the privacy of all members.
WellMatched Ltd is registered under the Data Protection Act 1998. The registration
number is Z684346X.
We collect information about our members in order to help us improve the services
we offer and so that we can enter into commercial arrangements, including the sale
of advertising space. If we need to update, change or amend our Privacy Policy we
will notify members via the WellMatched.com web site. You can find a fuller version
of this under Privacy Policy on the website.
4.1
The information you provide to us will be stored on computer. We may use personal
information about you to build up a profile of your interests and preferences. We
do not sell, share or rent your personal information in ways different from what
is disclosed here. We may use third party companies to provide a variety of services
when you visit this website. WellMatched is not responsible for the privacy practices
of external websites linked to this site. We advise you to read the privacy statements
of these other websites when you leave our website.
4.2
If you have any questions with respect to our policies concerning the handling of
your personal information that is under our care and control then please contact
our data administrator, administrator * at * wellmatched.com. We reserve the right
to charge a small fee for this.
4.3
You acknowledge that personal information disclosed by you on Forums or Chat areas
is disclosed at your own risk and may be used by others. This may result in you
receiving unsolicited messages from other parties.
Use of service
5.1
You agree to use, the Service for lawful purposes only, and in a manner which does
not infringe the Rights of, or restrict or inhibit use or enjoyment of the Service
by any other persons. The Service must not be used:
- Fraudulently or in connection with a criminal offence.
- To impersonate others.
- To send, receive, upload, download, use or reuse any material which is offensive,
abusive, indecent, defamatory, obscene or menacing, in breach of any Rights or otherwise
unlawful.
- This extends to emails sent outwith the system to people who you have met through
WellMatched.
- To send unsolicited or chain e-mails (spamming).
- To post binary attachments such as sound clips, video clips or images to bodies
not equipped for receiving them.
- To cause annoyance, offence, inconvenience or needless anxiety.
- To send commercial advertising or promotional material.
- To disrupt or prevent the functioning of other's use of the Service.
- To post computer viruses or engage in computer misuse.
- You will not use any manual or automatic device or process to retrieve, index, mine
or reproduce / circumvent the navigation structure or the site or presentation of
the Service.
5.2
When Users' Material is submitted to the Service you automatically grant (and warrant
that you are authorised and entitled to grant) to us and to all other users of the
Service a royalty free, irrevocable, non-exclusive, world-wide licence to do such
acts as the proprietor of the Rights in the Users' Material may do.
5.3
If anyone uses your Account with or without your knowledge or approval in contravention
of any of paragraphs 5.1 we can treat that contravention as a breach by you of the
Contract for the purposes of paragraph 6.
5.4
You confirm and warrant that all the information supplied by you when you register
on-line for the Service is true, complete and accurate in all respects and agree
to notify us immediately of any changes to that information. The intelligent agent
software used in the Service will be able to build up a profile of your interests
and preferences and this may be used to target the Service more effectively.
5.5
You must tell us immediately if anyone makes or threatens to make any claim or issue
legal proceedings against you relating to your use of the Service or the Content
and you will, at our request, immediately stop the act or acts complained of. If
we ask you to, you must confirm the details of the claim(s) in writing.
5.6
We may at our complete discretion suspend the Service if we believe that there has
been a contravention of any of any of the above paragraphs and we will not restore
it until we receive an acceptable assurance from you that there will be no further
contravention. We also reserve the right at our sole discretion to block users from
certain IP addresses from accessing the site.
5.7
You warrant that you will comply with all consumer and other legislation, instructions
or guidelines issued by regulatory authorities, relevant licences and any other
codes of practice which relate to the provision of the Service or the Content which
apply to you or of which we inform you.
5.8
You agree to not publish or post anything on this web site or through this web site
that is racist, abusive or is intended cause distress.
5.9
When communicating with any employee of WellMatched or any of its agents you may
not be abusive, obscene, threatening or otherwise behave inappropriately. If we
feel you have acted in such a manner we reserve the right to terminate your membership
and ban you from using the site.
5.10
This service contains information which is proprietary to us and our partners. We
assert full copyright protection in the service of this website whether it is identified
as proprietary or not. You agree not to copy, distribute or modify any such info
in any manner without having first received written permission from the owner.
If you break this contract
6.1
In addition to anything else we can do, we can suspend the provision of the Service
to you or end this Contract (or both) with immediate effect on giving you notice
if:
- you break any provision of this Contract;
- or we believe the Service is being, or will be, used in a manner prohibited as in
paragraphs 1-5, even if you are unaware that the Service is being, or will be, used
in such a way.
6.2
If we delay in acting upon a breach of this Contract by you, then delay will not
be regarded as a waiver of the breach. If we do waive a breach of this Contract
by you, that waiver is limited to that particular breach.
Ending the contract
At any time after the provision of the Service has commenced under this Contract
or the provision of any service or facility under it may be ended by seven day's
notice from us to you. This contract remains in force while you use the website
or while you are a member. You may terminate your membership at any time by logging
on to your MyWellMatched section and following the instructions to terminate your
membership.
Liability and indemnity
To use this service you must be 18 years old at least. By using this service you
agree that you are at least 18 years old. WellMatched assumes no liability for the
content of or reply to any user. You assume complete liability for the content of
all replies to any user and for any claims made against WellMatched as a result
thereof. You agree to indemnify and to hold WellMatched harmless from all costs,
expenses (including reasonable solicitors fees), liabilities and damages resulting
from or caused by the publication placed by the user or any reply to such content.
By using WellMatched you agree not to post your personal details such as your email
address, physical address, telephone number, URL in Your Profile or any other information
which would enable other member and / or users to contact you directly. In addition
you agree not to include any sexually explicit or anatomical language. WellMatched
reserves the right to edit or refuse any information. It is possible that people
may post information that is offensive or sexually explicit on the site. WellMatched
will remove any such material as soon as reasonably possible, WellMatched is however
not liable for any offence or injury such material may cause. WellMatched is not
responsible for any inaccurate or incorrect content on the site or the conduct of
its members. WellMatched takes no responsibility for any errors, communication failures,
destruction or unauthorised action access or alteration of any communication. The
website is provided 'As is; and WellMatched disclaims any warranty of fitness for
a particular purpose. WellMatched does not guarantee or promise any specific results
from using the website.
Any advice posted on the website is for information and educational purposes and
it is not intended to replace any professional legal, medical, financial or other
advice. WellMatched expressly declaims all liability concerning the action by /
treatment of / effect on any person as a consequence of information provided by
or through the website. You should seek appropriate professional and / or medical
help from appropriately trained specialists.
WellMatched does not vouch for any links from WM to external sites or resources
on the World Wide Web and holds no responsibility for any content found there. You
agree that WM shall not be responsible, directly or indirectly for any loss or damage
caused or alleged to be caused by connection with external sites.
You agree that in no circumstances shall any liability to WellMatched exceed £50.
WellMatched does not endorse, guarantee the veracity or usefulness of any information
on the site. WellMatched does not guarantee that your use of the site will be error
free, uninterrupted, secure or that defects will be fixed.
You agree that notwithstanding any other provision herein to indemnify and hold
WellMatched , its shareholders, officers, agents, partners, employees, affiliates,
subsidiaries, parent companies harmless from any loss, liability, claim or demand,
including reasonable legal fees made by third party due to or arising out of your
use of the website in violation of this Agreement +/or arising from and breach of
this Agreement +/or any breach of your representations and warrants set forth above.
Acceptance of Terms & Conditions
These terms are subject to change by WellMatched at any time without prior notification.
Either you or WellMatched reserves the right to terminate or suspend the relationship
at any time effective upon written notification. WellMatched reserves the right
to suspend / terminate the service to you if you have broken this agreement.
If any provision of this Agreement is found unenforceable or invalid that provision
shall be limited or eliminated to the minimum extent necessary so that this Agreement
shall otherwise remain in full force and effect and be enforceable. No partnership,
agency, joint venture or employment is created as a result of this Agreement.
This agreement is entered into in Edinburgh, Scotland, UK. You agree that Scottish
law (regardless of law principles) shall govern any dispute arising out of or relating
to this agreement shall be subject to the courts of Scotland.
Complaints
To resolve a complaint regarding any aspect of the WellMatched.com service, you
should first of all contact the customer help desk on
feedback@WellMatched.com.