Terms of Use
Last updated on 20 April 2021
Luxxdate is a social networking website and mobile application designed as a platform for meeting people, sharing photos, news and information. You agree that you will only use Luxxdate in a manner consistent with its purpose and in accordance with terms and conditions outlined in this document (“Terms”).
The Terms constitute a binding legal agreement between you as user (“you”) and MG Partners OÜ, a company registered in Estonia with company number 14424666 (“Company”, “we”, “us” and “our”).
Luxxdate together with its affiliated websites (such as but not limited to www.Luxxdate.com) and applications (such as but not limited to Luxxdate app available on Apple App Store and Google Play Store) (collectively “Luxxdate”) is operated by the Company. The Terms apply whenever you visit Luxxdate, whether you have chosen to register with us or not, so please read them carefully, to be sure that you understand them.
By accessing Luxxdate or using, registering for or receiving services offered on or by Luxxdate (“Service”) you are accepting and agreeing to be bound by the Terms and our Privacy Policy (collectively, “Agreement”). If you do not accept and agree to be bound by this Agreement, then you must not use the Service. Our Privacy Policy is incorporated into this Agreement and is also available in the Service (please scroll down to the end of the Terms of Use).
1.
Application of
Terms
1.1
This Agreement is an
electronic contract that establishes the legally binding Terms and the
Company’s Privacy Policy you must accept to access, register for or use the
Service.
1.2
We may, at any time and
for any reason make changes to this Agreement with or without prior notice. The
most recent version of this Agreement is the version that applies. It will be
available in the Service. You hereby acknowledge and agree that each time you visit
the Service you shall be subject to the then-current Agreement, and continued
use of the Service following any modification or amendment of the Agreement
confirms that you have read, accepted, and agreed to be bound by such
modifications or amendments. If you don’t agree to any modifications or
amendments, you must end your relationship with us by ceasing to use the
Service and leaving Luxxdate.
1.3
You must be at least 18
years old to create an account on Luxxdate and use the Service. By creating an
account and using the Service, you represent and warrant that you can form a
binding contract with the Company, that you are not a person who is barred from
using or accessing the Service under the laws of any applicable jurisdiction and
that you will comply with this Agreement and all applicable local, state,
national and international laws, rules and regulations.
1.4
This Agreement will remain
in full force and effect while you use the Service and/or have a Luxxdate
account. You may terminate your account at any time, for any reason, by
following the instructions in the “Settings” section of the Service. The
Company may terminate or suspend your account at any time without notice if the
Company believes that you have breached this Agreement in its sole discretion.
Upon such termination or suspension, you will not be entitled to any refund of any
fees (used or unused, fees for in app purchases or other fees). After your
account is terminated, this Agreement will terminate, except that the following
clauses will still apply: 1.4; 2.3; 3.6; 3.7; 8; 9; 11; 12.
1.5
The Service is for
personal use only. You may not use the Service or any content contained in the
Service (including, but not limited to content of other users, designs, text,
graphics, images, video, logos, software and computer code) in relation with
any commercial activity, such as advertising or soliciting any user to buy or
sell any products or Service not offered by the Company. Users of the Service
may not use any information obtained from the Service to contact, advertise to,
solicit, or sell to any other user without his or her prior explicit consent.
Organizations, companies, and/or businesses may not use the Service for any
purpose except with express consent from Luxxdate (such as for promoted
profiles or other advertisements), which Luxxdate may provide or deny in its
sole discretion. The Company may investigate and take any available legal
action in response to illegal and/or unauthorized uses of the Service.
1.6
You are responsible for
maintaining the confidentiality of your login credentials that you use to
register for and/or log in to Luxxdate. You are also solely responsible for all
activities that occur under those credentials. You agree to immediately notify
the Company of any disclosure or unauthorized use of your login credentials at [email protected]
1.7
The Company provides
assistance and guidance through its representatives. When communicating with
our representatives, you agree to be respectful and kind. If we feel that your
behaviour towards any of our representatives or employees is at any time
threatening, abusive or offensive, we reserve the right to immediately
terminate your account. Upon such termination, you will not be entitled to any
refund of any fees (used or unused, fees for in app purchases or other fees).
After your account is terminated, this Agreement will terminate, except that
the following clauses will still apply: 1.4; 2.3; 3.6; 3.7; 8; 9; 11; 12.
2.
Interactions with
other users
2.1
You are solely responsible
for your interactions with other users. The company currently does
not conduct criminal background checks on users of the Service. The
company also does not verify the statements of users of the Service. The
company makes no representations or warranties as to the conduct of users or
their compatibility with any current or future users. However, the company does
reserves the right to conduct any criminal background check or other screenings
at any time via any legal means including using available public records. The
Company also reserves the right, but has no obligation, to monitor disputes
between you and other users of the Service.
2.2
The Company is not
responsible for the conduct of any user of the Service. In no event shall the
Company, its affiliates or its partners be liable (directly or indirectly) for
any losses or damages whatsoever, whether direct, indirect, special, general,
consequential, compensatory and/or incidental, arising out of or relating to
the conduct of you or anyone else in connection with the use of the Service
including, without limitation, death, bodily injury, emotional distress, and/or
any other damages resulting from communications, interactions or meetings with
other users or persons you liaise with via or with the help of the Service. You
agree to take all necessary precautions in all interactions with other users,
particularly if you decide to communicate outside the Service or meet in
person, or if you decide to send money to another user. You should not provide
your financial information (for example, your credit card information) or
otherwise send money, to other users.
2.3
The Company owns and retains
all proprietary rights in the Service, and in all content, trademarks, trade
names, service marks and all other intellectual property rights related to the
Service, Luxxdate and the Company. The Service contains the copyrighted
material, trademarks, and other proprietary information of the Company and its
licensors. You agree to not remove, obscure or otherwise alter any proprietary
notices appearing on any content, including copyright, trademark and other
intellectual property notices. You agree to not copy, modify, transmit, create
any derivative works from, make use of, or reproduce in any way any copyrighted
material, trademarks, trade names, service marks, or other intellectual
property or proprietary information accessible through the Service, without
first obtaining the prior written consent of the Company or, if such property
is not owned by the Company, the owner of such intellectual property or
proprietary rights.
3.
Content you post in
the Service
3.1
You are solely responsible
for the content and information that you post, upload, publish, link to,
transmit, record, display or otherwise make available (collectively, “post”)
in the Service or transmit to other users, including text messages, chat, videos,
photographs, or profile text, whether publicly posted or privately transmitted
(collectively, “Content”). You warrant that you have the right to post
the Content in the Service and grant the licenses set forth in this Agreement. You
may not post as part of the Service, or transmit to the Company or any other
user (either in or outside the Service), any offensive, inaccurate, incomplete,
abusive, obscene, profane, threatening, intimidating, harassing, racially
offensive, or illegal material, or any material that infringes or violates
another person’s rights (including intellectual property rights, and rights of
privacy and publicity). You warrant that all information that you submit upon
creation of your account is accurate and truthful and that you will promptly
update any information provided by you that subsequently at any time becomes
inaccurate, incomplete, misleading or false.
3.2
By posting Content as part
of the Service, you grant to Company and Luxxdate a worldwide, transferable,
sub-licensable, royalty-free, right and license to host, store, use, copy,
display, reproduce, adapt, edit, publish, modify and distribute the Content . The
aim of this licence is (but is not limited to) aiding in operating, developing,
providing, promoting, and improving the Service, researching and developing new
features for the current or new Service.
3.3
You understand and agree
that the Company may, but is not obligated to, monitor or review any Content
you post as part of a Service. The Company may delete any Content, in whole or
in part, that in the sole judgment of the Company violates this Agreement or
may harm the reputation of the Service, Luxxdate or the Company.
3.4
The following is a partial
list of the type of Content that is prohibited in the Service. You may not
post, upload, display or otherwise make available Content that:
3.4.1 advocates harassment or intimidation of another person;
3.4.2 spams or solicits users of the Service;
3.4.3 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
3.4.4 promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libellous or otherwise objectionable;
3.4.5 requests money from, or is intended to defraud users of the Service;
3.4.6 promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs, images, audio or video files or links to them;
3.4.7 contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
3.4.8 contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
3.4.9 provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
3.4.10 provides instructional information about illegal activities such as making or buying illegal weapons or drugs, or about violating someone’s privacy, or providing, disseminating or creating computer viruses;
3.4.11 contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
3.4.12 provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
3.4.13 impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
3.4.14 disrupts the normal flow of dialogue or otherwise negatively affects other users’ ability to engage in real time exchanges;
3.4.15
solicits passwords or
personal identifying information for commercial or unlawful purposes from other
users or disseminates another person’s personal information without his or her
permission.
3.5
The Company reserves the
right, in its sole discretion, to investigate and take any legal action against
anyone who violates Clause 3.4, including removing the offending communication
from the Service and terminating or suspending the account of the violator(s). We
also reserve the right to disclose your identity to any third party who claims
that any Content posted by you constitutes a violation of their Intellectual
Property Rights, or of their right to privacy.
3.6
Your use of the Service,
including all Content you post through the Service, must comply with all
applicable laws and regulations. You agree that the Company may access,
preserve and disclose your account information and Content if required to do so
by law or in a good faith belief that such access, preservation or disclosure
is reasonably necessary, such as to:
3.6.1 comply with legal process;
3.6.2 enforce this Agreement;
3.6.3 respond to claims that any Content violates the rights of third parties;
3.6.4 respond to your requests for customer service or to allow you to use certain parts or the entirety the Service
3.6.5
protect the rights,
property or personal safety of the Company or any other person.
3.7
You agree that any Content
you place in the Service may be viewed:
3.7.1 by other users of the Service;
3.7.2 by any person visiting the Service (regardless of wheter that person has registered to use the service or not) or by any person participating in the Service;
3.7.3
by any person visiting Luxxdate
social networking pages and / or viewing advertisement material such as, but
not limited to, Luxxdate pages on Instagram, Facebook, Twitter etc (we have no
obligation to seek your permission for this, however we will always strive to
ask for your permission before posting any Content you place in the Service to Luxxdate
social networking pages or on advertising material).
4.
Prohibited
activities
4.1
The Company reserves the
right to investigate, suspend and/or terminate your account if you have misused
the Service or behaved in a way the Company regards as inappropriate or
unlawful, including actions or communications that occur outside the Service but
involve users you meet through the Service. The following is a partial list of
the type of actions that you may not engage in with respect to the Service. You
will not:
4.1.1 impersonate any person or entity;
4.1.2 solicit money from any users;
4.1.3 post any Content that is prohibited by this Agreement
4.1.4 stalk or otherwise harass any person;
4.1.5 express or imply that any statements you make are endorsed by the Company and / or Service without the Company’s specific prior written consent;
4.1.6 use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company or Luxxdate) to direct any person to any other website for any purpose
4.1.7 use the Service in an illegal manner or to commit an illegal act;
4.1.8 access the Service in a jurisdiction in which it is illegal or unauthorized;
4.1.9 use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
4.1.10 collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service
4.1.11 interfere with or disrupt the Service or the servers or networks connected to the Service
4.1.12 transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
4.1.13 forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software)
4.1.14 “frame” or “mirror” any part of the Service, without the Company’s prior written authorization
4.1.15 modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so
4.1.16
post, use, transmit or
distribute, directly or indirectly, (e.g. screen scrape) in any manner or media
any content or information obtained from the Service other than solely in
connection with your use of the Service in accordance with this Agreement.
5.
In App Purchases
5.1
Products and / or
features, currently existing or yet to be developed in the future, may be
offered in the Service for purchase (“in app purchases”) through the Apple App
Store, Google Play Store or other application platforms authorized by the
Company (each, a “Software Store”). If you choose to make an in app purchase,
you will be prompted to enter details for your account with the mobile platform
you are using (e.g., Apple, Android, etc.) (“your IAP Account”), and your IAP
Account will be charged for the in app purchase in accordance with the terms
disclosed to you at the time of purchase as well as the general terms for in
app purchases that apply to your IAP Account. Some Software Stores may charge
you sales tax, depending on where you live. If you purchase an auto-recurring
periodic subscription through an in app purchase, your IAP Account will be
billed continuously for the subscription until you cancel. After your initial
subscription commitment period, and again after any subsequent subscription
period, your subscription will automatically continue for an additional
equivalent period, at the price you agreed to when subscribing. If you do not
wish your subscription to renew automatically, or if you want to change or
terminate your subscription, you will need to log in to your IAP account and
follow instructions to cancel your subscription. If you cancel your
subscription, you may use your subscription until the end of your then-current
subscription term; your subscription will not be renewed after your
then-current term expires. However, you won’t be eligible for a prorated refund
of any portion of the subscription fee paid for the then-current subscription
period. Please refer to the terms of your application platform which apply to your
in app purchases.
5.2
You may be able to
purchase, with real currency (“real world” money in general use in a country),
a limited, personal, non-transferable, non-sub licensable, revocable license to
use “virtual items,” (collectively, “virtual items”). You are only allowed to purchase
virtual items from us or our authorized partners through the Service and not in
any other way. Purchase and use of virtual items through a software store is
subject to such software store’s governing documents, including but not limited
to its terms of service and privacy policy. Regardless of the terminology used,
virtual items represent a limited license right governed by this agreement.
Except as otherwise prohibited by applicable law, virtual items obtained by you
are licensed to you, and you acknowledge that no title or ownership in or to
virtual items is being transferred or assigned to you. This agreement should
not be construed as a sale of any rights in virtual items. Any virtual item
balance shown in your account does not constitute a real-world balance or
reflect any stored value, but instead constitutes a measurement of the extent
of your license. Virtual items do not incur fees for non-use, however, the
license granted to you in virtual items will terminate in accordance with the
terms of this agreement, when the Company ceases providing the Service or your
account is otherwise terminated. Company, in its sole discretion, reserves the
right to charge fees for the right to access or use virtual items and/or may
distribute virtual items with or without charge. Company may manage, regulate,
control, modify or eliminate virtual items at any time. Company shall have no
liability to you or any third party in the event that Company exercises any
such rights. The transfer of virtual items is prohibited, and you shall not
sell, redeem or otherwise transfer virtual items to any person or entity.
Virtual items may only be redeemed through the Service. All purchases and
redemptions of virtual items made through the Service are final and
non-refundable. The provision of virtual items for use in the Service is a
service provided by Company that commences immediately upon the acceptance of
your purchase of such virtual items. You agree to pay all fees and applicable
taxes incurred by you or anyone using your Luxxdate account. Company may revise
the pricing for the goods and Service offered through the Service at any time.
You acknowledge that Company is not required to provide a refund for any
reason, and that you will not receive money or other compensation for unused
virtual items when an account is closed, whether such closure was voluntary or
involuntary.
6.
Modifications to
Service
6.1
The Company reserves the
right at any time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree that the
Company shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service. To protect the integrity of the
Service, Company reserves the right at any time in its sole discretion to block
users from any IP addresses from accessing the Service.
7.
Copyright Policy
7.1 Notice of claims of copyright infringement should be provided to the Company via [email protected].
7.2 You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted in the Service in a way that constitutes copyright infringement, please provide the Company with the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) a description of the copyrighted work that you claim has been infringed;
c) a description of where the material that you claim is infringing is located in the Service (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a URL);
d) your address, telephone number and email address;
e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f)
a statement by you, made
under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright
owner’s behalf.
8.
Disclaimers
8.1 You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of:
8.1.1 any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service;
8.1.2 the timeliness, deletion or removal, incorrect delivery or failure to store any Content or communications;
8.1.3 the conduct, whether online or offline, of any user;
8.1.4 any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or
8.1.5
any problems, failure or
technical malfunction of any telephone network or lines, computer online
systems, servers or providers, computer equipment, software, failure of email
or players on account of technical problems or traffic congestion on the
Internet or at any website or combination thereof, including injury or damage
to users or to any other person’s computer or device related to or resulting
from participating or downloading materials in connection with the Internet
and/or in connection with the Service.
8.2
To the maximum extent
allowed by applicable law, the company provides the Service on an “as is” and
“as available” basis and grants no warranties of any kind, whether express,
implied, statutory or otherwise with respect to the Service (including all
content contained therein), including (without limitation) any implied
warranties of satisfactory quality, merchantability, fitness for a particular
purpose or non-infringement. The company does not represent or warrant that the
Service will be uninterrupted or error free, secure or that any defects or errors
in the Service will be corrected.
8.3
Any material downloaded or
otherwise obtained through the use of the Service is accessed at your own
discretion and risk, and you will be solely responsible for and hereby waive
any and all claims and causes of action with respect to any damage to your
device, computer system, internet access, download or display device, or loss
or corruption of data that results or may result from the download of any such
material. If you do not accept this limitation of liability, you are not
authorized to download or obtain any material through the Service.
8.4 From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors of such content. The company does not:
8.4.1 guarantee the accuracy, completeness, or usefulness of any third party content provided through the Service, or
8.4.2
adopt, endorse or accept
responsibility for the accuracy or reliability of any opinion, advice, or
statement made by any party that appears in the Service. Under no circumstances
will the company or its affiliates be responsible or liable for any loss or
damage resulting from your reliance on information or other content posted in the
Service, or transmitted to or by any users.
8.5
The Service may contain,
and the Service or third parties may provide, advertisements and promotions
offered by third parties and links to other web sites or resources. You acknowledge
and agree that the Company is not responsible for the availability of such
external websites or resources, and does not endorse and is not responsible or
liable for any content, information, statements, advertising, goods or Service,
or other materials on or available from such websites or resources. Your
correspondence or business dealings with, or participation in promotions of,
third parties found in or through the Service are solely between you and such
third party. You further acknowledge and agree that the Company shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of, or reliance upon, any
such content, information, statements, advertising, goods or Service or other
materials available on or through any such website or resource.
8.6
You agree to indemnify and
hold the Company, its subsidiaries, and affiliates, and its and their officers,
agents, partners and employees, harmless from any loss, liability, claim, or
demand, including reasonable lawyer’s fees, made by any third party due to or
arising out of your breach of or failure to comply with this Agreement
(including any breach of your representations and warranties contained herein),
any postings or Content you post in the Service, and the violation of any law
or regulation by you. The Company reserves the right to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you,
in which event you will fully cooperate with the Company in connection
therewith.
8.7
This Agreement, with the
Privacy Policy and any specific guidelines or rules that are separately posted
for particular Service or offers in the Service, contains the entire agreement
between you and the Company regarding the use of the Service. If any provision
of this Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect. The failure of the Company to exercise or
enforce any right or provision of this Agreement shall not constitute a waiver
of such right or provision. You agree that your Luxxdate account is
non-transferable and all of your rights to your profile or contents within your
Luxxdate account terminate upon your death. No agency, partnership, joint
venture or employment is created as a result of this Agreement and you may not
make any representations or bind the Company in any manner.
8.8
The Company may provide
you with notices, including those regarding changes to this Agreement, using
any reasonable means, which may include email, SMS, MMS, text message or
postings in the Service. Such notices may not be received if you violate this
Agreement by accessing the Service in an unauthorized manner. You agree that
you are deemed to have received any and all notices that would have been
delivered had you accessed the Service in an authorized manner.
9.
Limitation on
Liability
9.1 To the fullest extent allowed by applicable law, in no event will the Company, its affiliates, business partners, licensors or service providers be liable to you or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute Service, even if the company has been advised of the possibility of such damages. Company shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to above mentioned and:
9.1.1 any incorrect or inaccurate information on the Service and all interruptions to or delays in updating the Service;
9.1.2 the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Service;
9.1.3 any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Service, or from transmissions via emails or attachments received from Company or its licensees; and
9.1.4
all representations,
warranties, conditions and other terms which but for this notice would have
effect whether caused by tort (including negligence), breach of contract or
otherwise, even if foreseeable.
9.2
Clause 9 shall not limit
any rights you might have as a consumer that may not be excluded under
applicable law.
10.
Our Responsibility
for Service Operation
10.1 We will operate the Service with the reasonable skill and care of an online service provider.
10.2 We will do our best to maintain the operation of the Service, however, we may need to suspend the Service for operational reasons (may include but are not limited to repairs, planned maintenance, upgrades etc). We aim to restore the Service as soon as reasonably possible after any suspension.
10.3 We reserve the right to make changes to the Service from time to time provided that they do not have a material adverse effect on the quality of the Service.
10.4
If we cannot do what we
have promised in these Terms because of something beyond our reasonable control
(including, without limitation, disputes involving our employees, vendors
and/or business partners), we will not be liable for it.
11.
Release
11.1.
In the event that you have
any claim or action against any other user of the Service arising from that
user’s use of the Service, you agree to pursue such claim or action
independently of and without any demands from the Company, and you release the
Company from all claims, liability and damages, arising from or in any way
connected to the claim or action.
11.2.
In the event that a claim
or action is brought against the Company from your activities or use of the
Service, including any breach by you of this Agreement or any charges or
complaints made by other parties against you, you agree to pay, hold harmless
and defend the Company in the claim or action. You also agree to cooperate as
fully as reasonably required in the defence of any claim and allow us to assume
the exclusive defence and control of the matter at our discretion.
12.
Dispute Resolution
12.1. English law governs this Agreement. The Company aims to solve all disagreements quickly and efficiently without the need to involve court proceedings. However, if you are not happy with the way the Company deals with any disagreement and you want to take court proceedings, you must do so within the courts of England and Wales which shall have exclusive jurisdiction.
End of Terms of Use.
Privacy Policy
Last updated on 20 April 2021
Luxxdate is a social networking website and mobile application designed as a platform for meeting people, sharing photos, news and information. You agree that you will only use Luxxdate in a manner consistent with its purpose and in accordance with its Terms of Use.
Luxxdate together with its affiliated websites (such as but not limited to www.Luxxdate.com) and applications (such as but not limited to Luxxdate app available on Apple App Store and Google Play Store) (collectively “Luxxdate”) is operated by MG Partners OÜ, a company registered in Estonia with company number 14424666 (the “Company”, “we”, “us” and “our”).
By accessing Luxxdate or using, registering for or receiving services offered on or by Luxxdate (“Service”) you are accepting and agreeing to be bound by the Terms and our Privacy Policy (collectively, “Agreement”). If you do not accept and agree to be bound by this Agreement, then you must not use the Service.
1.
General
1.1 The Company confirms that it acts as the data controller of the Service. The Company can be contacted via the “Contact” section in the Service or by sending an email to [email protected].
1.2 This Privacy Policy (together with our Terms of Use and any other documents referred to in it) outlines the manner in which we manage personal information obtained through or displayed in the Service or otherwise provided by users of the service or individuals who access the Service (“you”, “your”)
1.3 Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By using or accessing the Service, you confirm you have read and agreed to the collection, use, disclosure and handling of your personal information in accordance with this Privacy Policy and Terms of Use.
1.4 We may from time to time review and amend this Privacy Policy to take into account changes in law, technology and our operations. We will post any changes to this Privacy Policy in the Service from time to time and, where appropriate, notify you by e-mail.
1.5
Please review this Privacy
Policy before using the Service as use of the Service shall indicate your
acceptance of any changes. All personal information held by us will be governed
by the most recent Privacy Policy posted in the Service.
2.
Personal
information
2.1
When you subscribe, or
sign up to use the Service, we may collect a variety of information from you,
which may include:
2.1.1 personal information (such as but not limited to your name, phone number, postal address, email address, contact details, photographs, age, gender, nationality, interests, marital status, location and bank/credit card details) required to subscribe to the Service and / or create a member profile in the Service,
2.1.2 personal information provided to us if you contact us, such as our records of that correspondence;
2.1.3 personal Information that you provide to us via our customer service such as the telephone or email conversations;
2.1.4 personal information provided to us if you choose to complete any surveys or questionnaires for us, enter a competition or promotion of ours or participate in forums, discussion boards or other social media functions on our Service;
2.1.5 personal information if you post or transmit information via the Service to other users;
2.1.6 information that may not be personal information, such as information detailing your visits to the Service including, but not limited to, traffic data, location data, logs and other communication data; and
2.1.7 information we receive from other sources. For example, may receive information about you if you use any of the other the Services we operate or the other services we provide. In this case, we will have informed you when we collected that data that it may be shared internally and combined with data collected on this Service. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
2.1.8
We may also record which
of our Services you are interested in and which Services you purchase. When
providing the Service and our Services to you, we may collect some sensitive
personal information about you. Sensitive personal information means
information or opinion about an individual’s racial or ethnic origin, political
opinions, membership of a political association, religious beliefs,
philosophical beliefs, memberships of a professional or trade association or
trade union, sexual preferences or practices, criminal record or health
information. If you disclose sensitive personal information to us, unless you
have agreed otherwise, we will only use it for the purposes for which it was
provided or as allowed by law.
3.
Use of personal
information
3.1 We do not perform criminal background checks. The primary purpose for which we collect information about you is to provide you with Service. We mostly also collect information about you to:
3.1.1 process your communications, your membership of and subscription to the Service and to enable your use of the Service and other Services we may provide now or in the future;
3.1.2 provide you with an up to date, efficient and reliable Service;
3.1.3 help prevent fraudulent activity, including on your account (for example, if we collect your card details we will check these details with credit agencies and reserve the right to refuse to make available the Service and/or our Services if, for example, the card details provided are reported to be fraudulent or credit agencies report the activities as being fraudulent);
3.1.4 provide customer care services;
3.1.5 open and run your account;
3.1.6 administer prize draws, competitions or promotions;
3.1.7 for statistical and demographic analysis;
3.1.8 investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of the Service terms of use or that you have otherwise engaged in any unlawful activity;
3.1.9 provide you with information, products or services that you request from us or which we feel may interest you (except where you have requested not to be contacted for such purposes);
3.1.10 generally run the Service and for internal operations;
3.1.11 monitor and record telephone calls for training purposes and to improve the Service to you; and
3.1.12
comply with any law.
4.
Marketing communications
4.1 By subscribing to or creating a user account in the Service you agree that we may use your information to contact you by telephone or electronic mail (e.g. by email and SMS) (“Marketing Communications”) about offers, events, competitions, items or related activities that you may find useful, as well as other similar products and services offered by us or any of our related entities from time to time.
4.2 You may receive Marketing Communications from us or our partners both during the term of your membership and after termination of your membership (or deletion of your account) unless you unsubscribe from receiving such Marketing Communications as set out below.
4.3
We may share your data
with other reputable companies both within and outside the EU who may have
interesting offers and information for you. You may always revoke consent to
receiving Marketing Communications at any time by exercising the
"unsubscribe" option in any Marketing Communications you get from us
or from our marketing partners.
5.
Disclosure of
personal information
5.1 We may disclose your personal information to any member of our organization, and should it become applicable, to our subsidiaries, our holding company and its subsidiaries.
5.2 We may also disclose your personal information to third parties:
5.2.1 authorised by you to receive information held by us (including other members using the Service and our associated Services);
5.2.2 for the purpose of asking third party to provide goods or services on our behalf, including but not limited to carrying out data analysis, cleansing, processing credit card information, mail outs, debt collection, marketing, research and advertising;
5.2.3 that are our agents, business partners or joint venture entities or partners;
5.2.4 that are associated with the Service. Our Services may be offered through and accessible via other services in addition to this Service (“Associated Services”)
5.2.5 such as users of the Service who accessed it via Associated Services;
5.2.6 that sponsor or promote any competition that we conduct or promote via our Services;
5.2.7 in the event that we sell, trade or licence any part of the business or assets of the business that include your personal information, for the purpose of contacting you directly about their offers, promotions, goods or services (if you have requested to be contacted for such purposes); or
5.2.8 if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use; or to protect the rights, property, or our safety, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction, or to the Police and any relevant authority or enforcement body (including your Internet Service Provider or network administrator).
5.3 If you use the Service via an Associated Service, your personal information will be managed in accordance with the privacy policy of that service. We are not in control of, and cannot accept responsibility for, any Associated Service or third party service linked to the Service.
5.4
You agree that if we
transfer ownership or management of the Service, our Services, the business
and/or the assets (in whole or in part) to a third party, that we may also
transfer your personal data or other personal data you have provided to us,
including all sensitive personal data and any other information about you to
such third party, provided such third party agrees to observe this policy.
6.
Access restrictions
to your personal information
6.1 We respect and are committed to protecting your privacy and that of other users, and wherever possible we require you to provide login information and identify yourself to access the Service.
6.2 We may apply classifications in the Service that restrict the availability of:
6.2.1 communications between yourself and other users of the Service;
6.2.2 the details of other users of the Service to yourself; and
6.2.3
your details to other
users of the Service.
7.
Personal information
security
7.1 Transmission of data and information via the Service is not a secure or encrypted transmission method for sending your personal data, unless otherwise indicated in the Service. Accordingly, your attention is drawn to the fact that any information and personal data carried over the internet is not secure and any transmission is at your own risk. Information and personal data may be intercepted, lost, redirected, corrupted, changed and accessed by other people.
7.2
We take reasonable steps
to protect the personal information we hold from misuse and loss, and from
unauthorised access, modification or disclosure. For example, we set security
standards to prevent any unauthorised access to your personal information once
we have received it and wherever possible we will use adequate security
software and working procedures to ensure the security of your personal
information. To prevent unauthorised access, maintain accuracy, and ensure
proper use of personal information, we have employed physical, electronic, and
managerial processes to safeguard and secure the information we collect online.
8.
Cookies
8.1 Our Service uses cookies to distinguish you from other users of the Service. Cookies are small pieces of removable data that are stored by the web-browser on your computer, mobile phone or other device that identifies your computer, mobile phone or other device when you visit the Service. We use cookies to improve the Service.
8.2 By continuing to browse the site, you are agreeing to our use of cookies.
8.3 We use the following cookies:
8.3.1 Strictly necessary cookies. These are cookies that are required for the operation of our the Service. They include, for example, cookies that enable you to log into both general and secure areas of our the Service, purchase products or services and to make use of e-billing services.
8.3.2 Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our the Service when they are using it. This helps us to improve the way our the Service works, for example, by ensuring that users are finding what they are looking for easily.
8.3.3 Functionality cookies. These are used to recognise you when you return to our the Service. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
8.3.4 Targeting cookies. These cookies record your visit to our the Service, the pages you have visited and the links you have followed. We will use this information to make our the Service and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
8.3.5 Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies. These cookies are likely to be analytical/performance cookies or targeting cookies.
8.3.6 You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Service.
8.3.7
Except for essential
cookies, all cookies will expire after the browser closes. These are known as
session cookies. The login tracking cookie has a five year expiration and our
own tracking cookie for partner referrals are valid for 180 days.
9.
Your access to your
personal information
9.1 You can request access to your personal information via email at [email protected]. Any access request may be subject to a fee of 10 EUR (or equivalent in local currency) to meet our costs in providing you with details of the information we hold about you.
9.2 It is both in our interest and in yours that any personal information we hold about you is accurate, complete and current. If the data we hold about you is inaccurate in any way, please contact us via email at [email protected] to have your personal information corrected.
9.3 If you have any questions or comments about privacy or this Privacy Policy, or if you have already submitted information that you do not wish us to have or if you think that the Service has cookies or data about you that you don’t want us to use or that is incorrect please contact us by email at [email protected] and the information will be corrected as soon as possible.
9.4 Our Service may, from time to time, contain links to and from the service of our partner networks, advertisers and affiliates. If you follow a link to any of these services, please note that these services have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these services.
End of Privacy Policy.
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