Felhasználási feltételek EN

Terms and Conditions of MyTrustyPartner

Updated: 10/12/2016

The services of MyTrustyPartner operates according to the terms and conditions detailed below. The website of MyTrustyPartner is provided by Trusty Partner Ltd. (registration no.: 10232487, registered in England and Wales, address: 20-22 Wenlock Road, London N1 7GU, England, data management registration number: NAIH-102351/2016.)

The present Terms and Conditions is applicable for the services of MyTrustyPartner. MyTrustyPartner would not accept different terms of the clients.

1. Scope of activities

1.1 MyTrustyPartner is an online dating portal, which provides free and paid services. Customer is provided with an access to the database of MyTrustyPartner containing the profiles and personal information of other users. The offers could be accessed through different websites, in particular on the website: www.mytrustypartner.com, and could be accessed through the websites of cooperative partners, in where the service of MyTrustyPartner is integrated.

1.2 Every Customer is entitled to register, to create a personal account, and to visit the accounts of other Customers free, furthermore his/her account is open and could be visited by other Customers (“free account”)

1.3 Customers with free account may create a premium account with payment obligation (“premium account”). Customer has been informed about the services with payment obligation and about the terms of payment, before the premium account is created. The payment obligation comes into being, if Customer confirms the order of the premium account and the acceptance of payment obligation by clicking on it.

1.4 MyTrustyPartner is entitled to entrust other Service provider and agency whole or in parts with the operation of the services. This could not cause any disadvantage for Customer.

1.5 MyTrustyPartner could not guarantee successful dating. MyTrustyPartner shall not be held liable for not establishing relationship during the contract.

1.6 MyTrustyPartner is entitled to block any fake content provided by Customers if it becomes aware of its falsehood, but MyTrustyPartner shall not be held liable and does not take any guarantees for these contents.

1.7 MyTrustyPartner ensures 99,7% of access to its services through the year. It does not include service failures caused by 3rd parties or necessary internet-related maintenances, vis maior, or technical disorders.

1.8 In case of undisturbed usage of MyTrustyPartner’s services, Customers shall use the latest (browser) technologies, therefore its applications shall be activated (e.g.: Java apps, activating cookies). In case of older or untrusted technologies it is possible that Customer could use our services restricted.

2.  Access / Forming a contract    

2.1 Registration is obligatory to access the services of MyTrustyPartner. For successful registration of Customer, it is essential to give a valid email address and to select a substantive password.

2.2 Customer must be at least at the age of 18 to create an account. MyTrustyPartner excludes all of its responsibilities in case Customer provides false information in accordance with his/her age.

2.3 By registering a free account a contract is concluded between Customer and MyTrustyPartner. Terms and Conditions shall include the provisions of the above.

2.4 After registration Customer shall get a confirmation email electronically, which confirms the free account contract.

2.5 An additional contract could be concluded between MyTrustyPartner and Customer if the registered Customer decides to order a paid account by giving certain payment data and clicking on the “Buy” button.

2.6 Before the conclusion of a paid account contract, MyTrustyPartner shall inform Customer about the details of paid services, fees and the terms of payment.

2.7 A paid account contract comes into force and effect by the order confirmation email of MyTrustyPartner.

2.8 The confirmation email, sent to Customer, includes all contractual data (membership information) and the operative Terms and Conditions at the time of forming the contract. Thus it is ensured that Customer can print and save the contractual data and the Terms and Conditions. Contractual data is saved by MyTrustyPartner as well.

3. Payment terms

3.1 The fee for certain period shall be paid to MyTrustyPartner in advance without any deduction.

3.2 Concluding the premium membership and providing the payment data, MyTrustyPartner shall be allowed to execute freely payment transaction by Customer.

3.3 Some parts of the Service are subject to dues and are only available for Premium Members (Premium Services).

3.4 The Premium Services and their subscription fee shall be found in the Website menu under the name of “Subscribe”. Subscription fees may be changed over time. The publication of the increased subscription fee shall be published under the page “Subscribe” and shall be in force from the time of publication. For ordering and using Premium Services, the terms of this Terms and Conditions shall be applicable.

3.5 Our fee shall contain the valid VAT. MyTrustyPartner shall not be held liable for wrongly-stated fees.

3.6 According to the contract, Customer shall pay the whole fee by one of the payment method detailed in the Website.

3.7 Customer shall not be entitled to claim refund in the cases of shutdown or unavailability of the Service, when the technical problem is not attributable to MyTrustyPartner.

3.8 The subscription fees shall be considered to certain period and its expiry shall not be influenced by the fact that the Service was or was not used by Customer at this period.

3.9 Premium Members are those Customers, who pay the subscription fee for the premium services. In the lack of termination of premium subscription, the subscription shall be renewed automatically at the last day of the subscription period by credit card transaction. The fees shall be paid on the similar payment method, which were chosen for the original transaction. The above mentioned transaction shall remain in force until the termination of automatic renewal.

3.10 Subscription fee shall be paid by the credit card which was used in the original transaction.

3.11 Automatic renewal shall last until one of the parties terminates it.

4. Using, disseminating and transferring data

4.1 MyTrustyPartner shall undertake to operate the Service under the rules of the Data Protection Act (1998) of the United Kingdom.

4.2 The information on the processing of personal data by MyTrustyPartner shall be found in the Confidentiality Declaration.

5. Termination of membership, automatic extension and termination of the contract

5.1 A free account could be terminated (deletion of account) at any time at the menu of “My account”, “Membership” under the part of “Information of my account” by clicking on the link “here”.

5.2 Every premium account contract, including the amount and time specified in the contract, shall be extended automatically if Customer did not end the contract during the termination period and did not initiate the termination of the contract before its expiry.

5.3 The termination period of the premium account shall be 7 days prior the expiry of the contract period.

5.4 The termination of premium account shall be valid, if it has been submitted in written form (e.g.: by post, fax, e-mail).

5.5 Customer could terminate the premium account at Customer service of MyTrustyPartner.

5.6 Please use the email address given on the website of MyTrustyPartner for your written termination letter in order to unique identification and to avoid abuse. Please send your termination letter to one of the below written addresses: E-mail: info@mytrustypartner.com, Fax: +44 020 8133 6540, Postal address: Trusty Partner Ltd., - 20-22 Wenlock Road London, N1 7GU, England.

5.7 After the termination of premium account Customer shall be automatically returned to free account. In case of premium account, the subscription fee for the ordered but unused Service could not be refund on a time basis.

5.8 After Customer has initiated the termination of the premium account and deleted the account with all data, then Customer shall not have the right for cancellation.

5.9 Both parties have the right to immediate termination in case of premium and free accounts as well. MyTrustyPartner is entitled to terminate the contract immediately, if Customer has provided false data during the registration, at the time of using the Service and/or at the time of modification of the data, or if Customer, after the warning of MyTrustyPartner (warning), violated the Terms and Condition repeatedly.

6. Responsibilities of MyTrustyPartner

6.1 According to the contract, MyTrustyPartner shall be held liable for the damages of Customers solely in the following cases:    

(1) damages relating to an intentional or seriously negligent conduct by MyTrustyPartner, the legal representative or the trustee of MyTrustyPartner

(2) damages relating to a failure of fulfilling obligations by MyTrustyPartner, the legal representative or the trustee of MyTrustyPartner if it risks life, physical safety or health    

(3) damages relating to a misconduct which prevents enforcing those contractual obligations which may be reasonably expected by Customers to be complied (essential obligations).

6.2 Responsibility of MyTrustyPartner is unlimited in cases mentioned in points 6.1 (1) and (2). Otherwise the limit of responsibility applies to foreseeable and typical contractual damages.

6.3 In additional cases specified in paragraph 6.1, the responsibility of MyTrustyPartner – regardless the legal basis – is excluded.    

6.4 The above written limitation of responsibility shall be applied to all officers, employees or trustee of MyTrustyPartner, too.

6.5 If guarantees according to the product liability act exist or there is the fact of malicious deception, then the above written regulation of responsibility shall not be applicable.

7. Customer’s obligations and responsibilities / prohibited activities / exemptions

7.1 Customer is solely responsible for the registration and the data provided by him/herself.

7.2 Customer ensures that the provided data is completely accurate and it is attributable to him/her. MyTrustyPartner reserves the right to monitor validity of the data provided by Customers.

7.3 In order to keep integrity of dating services, Customer ensures to use services of MyTrustyPartner exclusively according to these terms for dating reasons.

7.4 Customer ensures that there is no commercial and/or business purposes to the creation of the account. Our dating services shall not be used to commercial and/or business purposes and to promote prostitution.

7.5 Customer shall not use any photos, texts, software, or any other data under protection of rights without the necessary licenses under the supplied services and offers of MyTrustyPartner.

7.6 Customer is obliged to comply with the legal regulation and the present Terms and Conditions during registration and the use of services.

7.7 Not under any circumstances Customer shall (prohibited activities):    

7.7.1 use data (including email addresses) of any third parties as his/her own. Customer shall not provide data of any third parties with special reference to information of banking accounts and credit cards;

7.7.2 deliver any personal data - especially the names, phone or fax numbers, addresses or email addresses, photos, videos and/or URL addresses - to third parties without the owner’s permission;

7.7.3 transmit or forward any slanderous, insulting or any other content or information displayed illegally;

7.7.4 threaten, harass or violate any third person's rights (especially including his/her personal rights);

7.7.5 upload any data contaminated by viruses (software contaminated by viruses);

7.7.6 use the services in a way to put restrain on any other person's unlimited access to the services - especially by filling personal data with meaningless information or in any other languages not used on the website;

7.7.7 break in or attempt to break in electronic messages;

7.7.8 share or publish advertisements of any other dating services;

7.7.9 send chain letters;

7.7.10 use names, addresses, phone or fax numbers, email addresses or usernames of messaging or other internet services, when filling account information and personal posts;

7.7.11 provide personal passwords to third parties or use common passwords with third persons.

7.8 According to this provision it is especially qualified as an illegal use for commercial and/or business purposes like:

7.8.1 any offerings of goods or services performed for consideration (including prostitution), any appeal to convey an offer or service, or any reference to an offer or service available on other places;

7.8.2 advertising commercial websites especially websites with offers of goods or services performed for consideration, with offers of representing other companies and their advertisings, or with advertisings of any other commercial websites. It is especially applies to pop-up and banner advertisings, or popping up and other separately embossed links;

7.8.3 direct or indirect linking of any other providers;

7.8.4 naming any premium rate phone and SMS numbers (especially starting with 0690);

7.8.5 contacting for a purpose of earning revenues especially by appealing to call any premium rate numbers or send text messages on them;

7.8.6 pursuing models and employees for agencies;

7.8.7 collecting available data on the website or collecting data (e.g. phone and mobile numbers) by asking Customers with a commercial purpose, e.g. to use them with any commercial, advertising or reseller purposes;

7.8.8 forwarding advertisings containing commercial offers in any forms to other clients and sending emails with a business purpose. It is especially applies on the links named or displayed on the accounts or messages sent by the inner communication platform.

7.9 In case Customer breaches any obligations by using the website, MyTrustyPartner may claim for damages or expenses caused by or resulted on these activities according to legal provisions. It cannot be applied if Customer is not reliable for the breach of obligation. Customer is obliged to discharge MyTrustyPartner of any responsibilities, obligations or demands which are originated from any prohibited activities of Customer like slandering, defamation, infringing personal rights, violating intellectual property rights, felonies connected to prostitution or any infringement of third persons' rights or the failure of services.

8. Blocking accounts in case of suspicion

8.1 In cases of complaints of third party, or the suspicion of legal infringements, or the violation of the Terms and Conditions, MyTrustyPartner is entitled to block the violating content of Customer's profile which caused the complaint or the suspicion. This does not include the right to immediate termination.

8.2 In justified cases MyTrustyPartner notifies Customer, in a form of an initial warning, about blocking his/her profile or its certain contents to ensure Customer an opportunity to investigate the case. In cases when initial warning is not justified, e.g. it is essential to avoid possible damages caused to MyTrustyPartner or its Customers, right after blocking MyTrustyPartner notifies Customer to give an opportunity to commit oneself and to investigate the case.

8.3 MyTrustyPartner reserves the right to delete or block the content of Customer's profile if it is initiated by the court or state authority or the termination of the account. The same applies to the case of deleting or blocking is essential to avoid potential damages caused to MyTrustyPartner or any other Customers.

8.4 Payment obligations of Customers with paid membership are still remaining in any content-blocking cases. If the access to a paid account is blocked and then the blocking proved groundless, the payment period is getting extended to the length of blocking. If extension is not possible or not appropriate, MyTrustyPartner pays back equivalent fees to the blocking period.

9. Final provisions

9.1 These Terms and Conditions are governed by the English law and the United Nations Convention on Contracts for the International Sales of Goods (CISG - UN, 1980) are excluded.

9.2 There are no additional provisions to these Terms, nor in oral neither in written form.

9.3 In case of any provisions of these Terms became in whole or in part invalid, then the remaining parts of this contract stay still in effect.

9.4 In case of any legal dispute between Customer and the provider related to this contract, if Customer is not consumer or it is a legal entity, the claim must be resolved by the court with jurisdiction located in the same territory as the provider is seated.

9.5 Consumer complaints shall be solved in a written form. MyTrustyPartner's Customer Service takes complaints related to the service on the following contacts (besides the online form): email: info@mytrustypartner.com . Fax: +44 020 8133 6540. Post address: Trusty Partner Ltd., 20-22 Wenlock Road London, N1 7GU, England.

9.6 In disputes relating to the quality or safety of the product, applying liability insurance rules, the concluding or performing of the contract you should turn to the following conciliatory establishment: Budapesti Békéltető Testület; Seat: 1016 Budapest, Krisztina krt. 99. III. em. 310. Post address: 1253 Budapest, Pf.: 10. E-mail address: bekelteto.testulet@bkik.hu Fax: 06 (1) 488 21 8 Telephone: 06 (1) 488 21 31.

Cancellation information

Right of cancellation

Customer is entitled to cancel the contract, without reason, until 14 days. Similarly, in case of contract for service, if the performance has started, you are entitled to cancel the contract within 14 days.

The cancellation period shall expire 14 days after the formation of the contract. If you wish to exercise your right of cancellation, please send your cancellation form to the below stated address (e.g. by post, fax or e-mail):

Trusty Partner Ltd., 20-22 Wenlock Road London, N1 7GU, England, E-mail: info@mytrustypartner.com Fax: +44 020 8133 6540

For this purpose Customer could file his cancellation form which can be found below and by filing in it and sending to MyTrustyPartner or could file other declaration which states the intention of cancellation through our website. If you choose electronic way, MyTrustyPartner will immediately confirm the receipt to you in a durable medium (e.g. e-mail).

The right of cancellation shall be deemed lawfully exercised, if Customer sends the cancellation form before the expiration of the above stated deadline.

The effects of cancellation

If Customer cancels the contract, MyTrustyPartner is obliged to refund, within 14 days after the receipt of you cancellation form, all consideration were performed by you, including transport costs too (except the additional costs, which were incurred due to the fact that you have chosen other way of transport instead of the usual and cheapest mode what MyTrustyPartner has offered to you). MyTrustyPartner will refund on the same payment method like in the original payment, unless Customer explicitly gives his consent to the use of other payment method. For the application of this method, no additional costs shall be charged to Customer.

If Customer requested to perform the contract within the cancellation period, in case of cancellation, Customer is obliged to refund the amount of the service in proportion to the time of the cancellation of the contract to MyTrustyPartner.

Cancellation form

(please only complete this form and return it if you wish to cancel the contract)

To: Trusty Partner Ltd., - 20-22 Wenlock Road London, N1 7GU, England, E-mail: info@mytrustypartner.com, Fax: +44 020 8133 6540

I, the undersigned, hereby declare that I wish to exercise my right of cancellation in relation to the contract for the service below:

Date of contract:

Name:

Address:

E-mail:

Signature: (exclusively on paper form)

Date: