The Pearmatch Agreement


1. Agreement

1.1 These terms and conditions and our Privacy Policy govern the terms on which you are granted the right to explore and access information from this web-site by Pearmatch Limited.

1.2 Before proceeding we ask you to please read these terms and conditions carefully. We also draw your attention to the limitations and exclusions of liability in clause 9. If you are unable to agree to these terms and conditions in their entirety or are not satisfied with any of them you should not enter into the Contract and you should not register or subscribe to the Site.

1.3 If you do not agree to these terms and conditions we advise you not to use the Pearmatch Service and you should exit this web-site. If however you agree to these terms and conditions please check the "Yes, I Agree" box at the end of Part 1 of the Questionnaire to continue.

2. Definitions

2.1 In these conditions, the following words and expressions shall, unless the context otherwise requires, have the following meanings:-
"Act" the Data Protection Act 1998;
"Browser" software normally used for viewing pages on the world wide web;
"Company" Pearmatch Limited registered in England and Wales with Company Number 4076392 whose registered office is at Hill House, 67-71 Lowlands Road, Harrow, Middlesex HA1 3EQ;
"Computer Systems" includes (but is not limited to) computer hardware and software;
"Contract" this contract for the provision of the Pearmatch Service between you and the Company;
"Contract Date" the date upon which a legally binding contract is concluded between you and the Company in accordance with clause 3.4;
"Conditions" the terms and conditions below;
"Data" includes (but is not limited to) Personal Data, credit and payment card information transmitted by you electronically to the Company or otherwise;
"FuturePay Agreement" an internet-based payment facility, which enables you to pay subscriptions and pursuant to which you agree online for the Company to take fixed amounts from your debit or credit card;
"Message" any message sent by electronic mail from one Paid Subscriber to another;
"Personal Data" includes (but is not limited to) name, postal or business address, telephone number and email address;
"Pearmatch Service" the Pearmatch dating service in accordance with clause 4;
"Privacy Policy" the policy of the Company in respect of the obtaining and use of Personal Data by the Company in accordance with clause 11;
"Profile" the profile of the User based upon information provided in the Questionnaire;
"Questionnaire" the Questionnaire as set out on the Site;
"Regulations" the Consumer Protection (Distance Selling) Regulations 2000 (as amended);
"Site" all pages composing the web-site of the Company whose address is at www.pearmatch.co.uk and www.pearmatch.com;
"Subscriber Price" the sum in accordance with clause 3.7;
"UK" the United Kingdom;
"User" any person who uses the Pearmatch Service and/or browses the information and/or material on the Site.

2.2 In this Contract:

(i) all headings are for convenience only and shall have no legal effect;

(ii) unless otherwise stated, words importing one gender shall include every gender and reference to the singular shall include the plural and reference to a person shall include any company, firm, individual, partnership or any other body or entity whatsoever; and (in each case) vice versa.

3. Formation of this Contract

3.1 This clause 3 sets out a summary of the steps following which will result in the creation of a legally binding contract between you and the Company.

3.2 Once you have completed Part 1 of the Questionnaire you will be given the opportunity to accept these Conditions. If you agree to these Conditions please click to check the "Yes I Agree" box of Part 1 of the Questionnaire.

3.3 You should then click on the "Submit/Continue" button to continue to Part 2 of the Questionnaire. Once you have completed Part 2 of the Questionnaire you will have the opportunity to submit your Questionnaire details by clicking the "click here" button at the end of Part 2 of the Questionnaire to update your Profile. Submission of your Questionnaire details will constitute a formal offer by you to enter into a legally binding Contract with the Company based upon the Conditions of this invitation to treat made by the Company. If you do not wish to submit an offer to the Company, please do not click the "click here" button.

3.4 On receipt of your offer, the Company will send to you by email to the address provided by you in the Questionnaire, an account activation link. Acceptance of your offer by the Company shall be deemed to have been given as soon as the email by the Company setting out your activation link is sent to you and creates a legally binding Contract between you and the Company. To activate your account click on the activation link or copy and paste it into your browser address bar and press the enter key. Once you have successfully activated your account, the Company will send to you by email to the address provided by you in the Questionnaire, a User name and password.

3.5 The Company reserves the right not to accept your offer. Accordingly, the Company will notify you as soon as practicable by email if this is the case.

3.6 On receipt of your User name and password you may log in to the User Admin Area. The User Admin Area allows you to view matches and to send, view and reply to Messages.

3.7 In order to send, view and reply to Messages you must be a paid subscriber of the Pearmatch Service. You may apply to become a paid subscriber at any time from the Contract Date. To become a paid subscriber, the Company will ask you to make a payment. The Subscriber Price will be as shown on the "How it Works" page of the Site. The Company reserves the right to vary the Subscriber Price from time to time. The amount of the payment which you must make to become a paid Subscriber will be as shown on the "How it Works" page of the Site on the date upon which payment is made by you. Once payment is received by the Company, a receipt will be sent to you on behalf of the Company by email to the email address provided by you in the Questionnaire.

3.8 When subscribing to the Pearmatch Service you will need to enter into a FuturePay Agreement. This will automatically renew your original, and subsequent, subscriptions with the same term on expiry of your current subscription. You may cancel this arrangement at any time by logging in to the Site and resigning your subscription on the 'My Account' page. Your current subscription will then continue until the renewal date and then terminate. Having resigned your subscription your debit/credit card will not be rebilled. If you choose to remove yourself from Pearmatch your subscription will terminate immediately and you will no longer be able to log in to the Site. Your debit/credit card will not be rebilled.

3.9 You should therefore be aware that, subject to clause 4.9, if you cancel this arrangement part way through a subscription period, no part of your subscription fee for that period will be refundable. You should bear this in mind when selecting your subscription period.

3.10 The Company may from time to time, and at its absolute discretion, make selected offers available to some or all Users.

3.11 The Company reserves the right not to accept your payment. Accordingly the Company will notify you as soon as practicable by email if this is the case.

4. Conditions of Supply of the Pearmatch Service

4.1 The Company shall provide the Pearmatch Service in accordance with the Site from time to time and subject to these Conditions.

4.2 The Pearmatch Service is an introduction agency for people resident in the UK. The Pearmatch Service uses an advanced computer matching system to provide you with matches from those Users who have entered into a Contract with the Company, based upon the information provided in the Questionnaire completed by such Users.

4.3 As the number of matches is dependent on the information provided by Users in the Questionnaire, it is outside the control of the Company and the Company does not guarantee a minimum number of matches. Users are able to edit their Questionnaire information at any time, which may affect their number of matches.

4.4 The suitability and success of matches also depends on factors which are outside the control of the Company, namely the information provided by Users in the Questionnaire and the behaviour of the parties to a match. The Company does not guarantee the success or suitability of any match.

4.5 The Company may at any time without notifying you make any changes to the Pearmatch Service which are necessary to comply with any statutory requirements, or which do not materially affect the nature or quality of the Pearmatch Service.

4.6 The Subscriber Price will be as shown on the "How it Works" page of the Site from time to time and is inclusive of any applicable VAT.

4.7 You shall pay the Subscriber Price in the manner specified on the "How it Works" page of the Site. If you pay by way of payment card you must use a credit or debit card which is owned by you in your name.

4.8 The Company shall have the right to delete the Profile or any part thereof of any User where the User fails to pay any sum properly due under this Contract.

4.9 All monies paid by you to the Company under this Contract are non-refundable. That is without prejudice to your rights under the Regulations, and if you have a good justification for cancelling this Contract (for example, where the Company has committed a serious breach or has substantially changed the terms of this Contract).

5. Conditions of Use of the Site

5.1 The Act is designed to protect individuals about whom Data is entered and stored on Computer (and other) Systems. The Act sets out strict standards which govern such Data, including how such Data may be divulged. Any Data about individuals which is entered onto the Site by you directly or included in any Message, Questionnaire or Profile will be subject to the Act. You are responsible for the accuracy and reliance of such Data. You must have authority to disclose it and authority for the Company to use it for the purpose of this Contract.

5.2 This Site is targeted only at UK residents who are 18 years of age or above. If you are not a resident of the UK and/or are not over the age of 18 do not use this Site. By entering a valid UK postcode and entering a date of birth which suggests you are over 18 years of age on the Questionnaire you are representing to the Company that you are a resident of the UK who is 18 years of age or above. This is a representation on which the Company relies prior to accepting your offer to enter into a Contract for the provision of the Pearmatch Service.

5.3 When exploring and/or accessing information from the Site, you agree to:

(i) provide true, accurate, current and complete information when completing the Questionnaire, and accordingly you acknowledge that the Company is reliant upon you to complete the Questionnaire accurately;

(ii) maintain and promptly update your Profile to keep it true, accurate, current and complete by using the "Edit my Profile" option;

(iii) ensure that any photograph which you post or transfer to the Site or to any Message or Profile is a true recent likeness of you;

(iv) be responsible for the protection of your Computer System, Data stored on your Computer System, and Data stored on the Computer System of third parties who may have access to or be otherwise connected to your Computer System;

(v) acknowledge that the Company does not pre-screen the content of any Users Questionnaire but that the Company shall have the right (though not the obligation) in its sole discretion at any time to move, modify or remove any content that is available on or via the Site.

5.4 You agree not to use any part of the Site or the Pearmatch Service to:

(i) post Personal Data onto any Profile;

(ii) impersonate any person or entity, falsely state or otherwise misrepresent an affiliation with a person or entity, or disguise the origin of any content;

(iii) "stalk" or otherwise harass any person;

(iv) collect or store Personal Data about any other User;

(v) permit and/or encourage any other person to view the Profile of any User;

(vi) promote any other web-site, service and/or business in any way;

(vii) solicit the business of any User in any way;

(viii) buy and/or sell and/or offer for sale any products and/or services;

(ix) post or transfer to the Site (nor include in any message, Questionnaire or Profile) any information, pictures and/or any other material which breach, infringe, violate and/or is contrary to any law, bye law, statute and/or regulation or any other parties rights including, but not limited to, intellectual property and/or privacy rights;

(x) post or transfer to the Site (nor include in any message, Questionnaire or Profile) any information, pictures and/or any other material in which the copyright, trademark and/or intellectual property belongs to the Company without first obtaining the prior consent of the Company;

(xi) post or transfer to the Site (nor include in any message, Questionnaire or Profile) any chain letters and/or junk email;

(xii) post or transfer to the Site (nor include in any message, Questionnaire or Profile) any information, pictures and/or any other material which is obscene, misleading, inaccurate, defamatory, or which in the opinion of the Company is sexually explicit, inappropriate, racist, abusive, threatening or likely to cause offence to another user;

(xiii) upload, post or email any content that contains computer viruses or any other computer codes, files or programmes designed to interrupt, destroy or limit the functionality of the Computer System or telecommunications equipment.

5.5 You agree to follow the guidelines as set out from time to time on the "When You Meet" page.

5.6 If you have any complaints relating to the conduct of any User and/or the Pearmatch Service please address any complaints to Pearmatch Limited, Hill House, 67-71 Lowlands Road, Harrow, Middlesex HA1 3EQ.

5.7 As soon as the Company is made aware of any activity which breaches any of these Conditions or the Privacy Policy or any applicable laws or regulations, or in the event that the Company's rights, or third party rights are threatened or infringed, prompt action may be taken.

5.8 The Company may ban, delete or prohibit any content that relates to any breach or that the Company judges harmful to individuals or any affiliate or licensor of the Company.

5.9 The Company reserves the right to take whatever action is believed necessary to prevent any such breach, including:

(a) that any breaches which the Company deems minor may result in receipt of a warning from the Company; or

(b) that any breaches which the Company deems serious may result in the automatic ban of the User from the Site.

5.10 Any breach may lead the Company to report the activities of the User to the Internet Service Provider, relevant authorities, or to legal action being taken against the User.

5.11 You agree to indemnify the Company in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of your breach of these Conditions including, but not limited to, any claims made against the Company by any third party.

5.12 The Site may provide links to other web sites, the content of which is not within our control. The Company accepts no responsibility or liability for the materials featured on these web sites. Links to other web sites should not be taken as an endorsement of such sites or as a warranty that such web sites will be free of viruses or any other malicious or destructive items.

5.13 Any goods and services supplied or made available through this site or through sites which are linked to this site will be supplied by third parties and not by the Company (unless stated otherwise). Any dealings between you and such third parties, including delivery of products or services and payment for those products or services and any other terms, conditions, warranties or representations, acts or omissions associated with any such dealings, are solely between you and the third party. You agree not to hold the Company liable for any loss or damage of any kind incurred as the result of any such dealings.

6. Your Rights to Terminate this Contract

6.1 Subject to clause 6.2, you may terminate this Contract at any time up to the end of the 7th working day from the day after the date on which you make your subscription payment.

6.2 Under the Regulations, unless the Company agrees otherwise, you may not terminate this Contract once performance of the Pearmatch Service has begun, in other words, you may not terminate this Contract under this clause 6 if the Company has provided you with any match during any time up to the end of the 7th working day after the day on which you make your subscription payment.

6.3 To cancel this Contract you must notify the Company within the period set out in clause 6.1 either:-

(i) in writing to Pearmatch Limited, PO Box 1037, Bedford, MK44 2XZ (in which case notice shall be deemed to have been given by you at the expiration of two clear days after the time of posting); or

(ii) by electronic mail by using the facility set out on the "Contact Us" page (in which case notice shall be deemed to have been given by you at the time of receipt of the electronic mail by the Company).

6.4 Provided that you terminate this Contract in accordance with clause 6, any sum paid by you will be reimbursed as soon as possible, and in any event within 30 days of the date on which notice of cancellation was given by you.

7. Termination of this Contract by the Company

7.1 The Company reserves the right to terminate this Contract without notice if:

7.1.1 you fail to pay any subscription payment properly due under this Contract;

7.1.2 you commit a serious breach or consistent breaches of this Contract; or

7.1.3 the Company has reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete.

7.2 The rights to terminate this Contract given by this clause 7 shall not prejudice any other right or remedy available to you or the Company in respect of the breach concerned or any other breach.

8. Intellectual Property

8.1 All brand names, product names, titles, trademarks, trade-names, designs and copyrights used on the Site are owned by or licensed to the Company. No permission is given by the Company or any third party to the User or by any other person for the use of the same. Such use may constitute an infringement of the holder's rights.

9. Liability

9.1 The Company's liability is excluded and/or limited to the extent set out below. However, none of the exclusions or limitations in these Conditions excludes or limits any rights the User may have as a consumer and/or the User's statutory rights.

9.1.1 In particular, nothing excludes or limits the liability of the Company to the User for death or personal injury resulting from the negligence of the Company or that of its officers, employees or agents.

9.1.2 Nothing excludes or limits the liability of the Company to the User for fraud or fraudulent misrepresentation committed by the Company or its officers, employees or agents.

9.1.3 Further, nothing entirely excludes the Company's liability to you where it or its officers, employees or agents have committed a serious breach of the Contract. However, in such circumstances, the Company shall not be liable to you for any consequential, special, indirect, economic and/or similar losses (including loss of profit or revenue).

9.2 The Company is providing this site on an 'as is' basis and makes no representations or warranties of any kind with respect to the Site or its contents and disclaims all such representations and warranties. In addition, the Company makes no representations or warranties about the accuracy, completeness or suitability for any purpose of the information or related graphics published in the Site. The information contained in the Site may contain technical inaccuracies and typographical errors. All liability of the Company howsoever arising from any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

9.3 Neither the Company nor any of its Directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Site. This is a comprehensive liability that applies to all kinds of damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss or damage to property and claims of third parties.

9.4 In no circumstances will the Company be liable to the User for any direct, indirect, consequential, special or other damage howsoever resulting from the use of this Site or any other web-site connected to the Site by means of a hypertext link or otherwise, whether such damage is caused by transmission from this web-site (or a connected web-site) to the User's computer system, of viruses, worms, Trojan horses or other destructive items, corrupted data or data incompatible with the User's computer system. Such damage shall include (without limitation) loss of profits, interruption to business, loss of the whole or any part of the programme or programmes, or of any data howsoever stored, whether saved in a computer system or otherwise.

9.5 When providing data to the Company, you do so on the understanding that your data will be made available to other Users and that there is a risk that third parties may access that data. When providing information to the Company you do so on the basis that you shall bear the risk of any harm resulting from Users and/or third parties accessing or intercepting that data. Save insofar as is required by statute, the Company shall not be liable for any harm caused by Users and/or third parties accessing or intercepting your data.

9.6 The Company does not control any content posted on to any messages, Questionnaire or Profile and therefore does not guarantee the accuracy, integrity or quality of the content. For the avoidance of doubt, and without prejudice to the generality of the above, the Company shall not be responsible or liable for any information posted on the site by site Users or other third parties (even if such information is amended by the Company, provided such amendment does not change the substance of the information posted).

9.7 The Company may correct any typographical or other errors or omissions in the Site relating to the provision of the Pearmatch Service without any liability to the User or to third parties.

9.8 The Company shall have no liability to you for any damage or any delay to the Pearmatch Service caused by any event or circumstance beyond the reasonable control of the Company including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

9.9 Should you arrange to meet another User of the site, the behaviour of Users at such meetings is outside the control of the Company. You therefore arrange such meetings at your own risk and should take all reasonable steps to ensure your own safety. Save as to the extent required by law, the Company shall not be in any way responsible or liable for the actions of Users at such meetings.

10. Invalidity

If any clause or part of a clause of this Contract is determined to be illegal, invalid or otherwise unenforceable, that clause or part of a clause shall be severed from the remaining provisions which shall remain in force and continue to have binding effect. If a clause or part of a clause is illegal or invalid only in certain circumstances or to a certain extent, it shall remain in force and continue to have binding effect outside of those circumstances and to the extent that it is not illegal or invalid.

11. Privacy

You acknowledge and agree to be bound by the terms of the Privacy Policy of the Company as specified on the "Privacy & Security" page of the Site.

12. Third Party Rights

Except for a director, employee or representative of the Company, a person who was not a party to this Contract has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any terms of this Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

13. Governing Law

This Contract shall be governed and interpreted in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes arising in respect of this Contract.

14. The importance of this written Agreement

The law has a strong preference for written terms, and where a binding written contract exists, the parties' rights and obligations will normally be determined solely by reference to its written terms. You should therefore read this Contract carefully and ensure that it contains everything that you want included and nothing to which you are not prepared to agree. If you are in any way unhappy with the terms of this Contract, you should not accept this Contract or use the Pearmatch Service. For the avoidance of doubt, the Company shall not be responsible for statements made other than by one of its employees, officers or directors.

15. Variations to the Contract

The Company reserves the right to make variations to the Contract from time to time as may be necessary. Where such variations are to be made by the Company, the Company will notify you by email to the email address provided by you in the Questionnaire. If following a period of 28 days after having received notification of variations you continue to use the Pearmatch Service, you will be deemed to have accepted, and agree to such variations. This is without prejudice to your right to cancel with a partial subscription refund calculated on a pro-rata basis where substantial changes to the terms of the Contract are introduced.


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