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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.