Only these Terms and Conditions apply to any contract made between us in relation to services provided by mLP. These conditions are accepted by the entirety of our community during the registration stage by checking the option entitled “I accept the Terms and Conditions & Code of Conduct.” Any deviations from these specified conditions are not accepted.
- Description of the scope of service
- mLP operates an Internet online social media platform and offline meets ups, courses and classes and provides customers with both free and paid services. The customer receives access to the mLP database that contains the public profiles and information about other members.
- Customers subscribe for “paid membership”. However, an obligation to pay only arises when the customer confirms the order of the paid membership and associated payment with a click. Prior to taking out a subscription, members are informed about all Terms and Conditions regarding this payment (price, duration etc.)
- mLP is entitled to engage third party service providers and agents for the whole spectrum of the mLP service. However, this should not negatively impact the customer.
- mLP cannot guarantee successful communication with other members. mLP is not responsible if, during the contract period, no contact is made.
- mLP will block or remove from its site any offensive or incorrect communication or information, and any communication or information which it reasonably suspects infringes any applicable laws, regulations or third party rights (such as material that is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous, in breach of any third party intellectual property rights or deemed inappropriate) that becomes known to it; but mLP has no obligation to customers, and undertakes no responsibility, to review any communication or information provided by customers for incorporation into the mLP service.
- mLP ensures service availability for 99.7% of the calendar year. This does not include failures of the service, for example for essential maintenance or technical failures of the Internet.
- Access / Contract Confirmation
- In order for customers to access mLP online services they must register. For the registration the customer requires a valid e-mail address and a self-chosen password.
- Customers must be at least 18 years of age to register.
- Once a name, username, email address, password and payment information are entered into our website, an order for paid membership is confirmed when the customer clicks the final payment button “Submit” (via STRIPE). This customer then enters into a contractual relationship with mLP.
- The contract for the paid membership comes into effect with the sending of the order confirmation e-mail sent by mLP.
- In the confirmation e-mail the customer is sent an electronic copy of the contract data (membership information), as well as the time of registration and applicable terms and conditions for their own records. The customer therefore has the opportunity to save or print the contract data as well as the terms and conditions. The contract information is also stored by us.
- If the customer does not pay any amount due under the contract, mLP is entitled to suspend the customer’s access temporarily until the outstanding payment is received or to terminate the contract. The contract period shall remain unaffected by the temporary closure.
- Terms of Payment
- The following payment methods are accepted: credit card or payment via Stripe.
- The invoice amount for the chosen timeframe is paid to mLP in advance without any deductions.
- Trial memberships that offer a free period may be cancelled at any time prior the last day of the trial without incurring a charge.
- Trial memberships (free or paid) are automatically set to run as a standard membership with a monthly charge and the end of the trial period.
- Data Use, Data Sharing and Data Forwarding
- mLP takes care to respect the legal data protection regulations, in particular the EU Data Protection Directive 95/46/EC.
- Cancellation, Automatic Renewal, Termination
- The cancellation of the membership (deleting the profile) is possible through your account section on www.mylifepool.co.uk. Closing your account online will delete all your personal data and cancel your subscription payments automatically.
- Every contract for the paid membership is automatically extended at the end of the contractually agreed period by the amount stated for your chosen membership period.
- After lapsing of the paid membership, the status of the customer is automatically changed to restrict access to membership with the resulting limited scope of use.
- Both parties retain the right to terminate membership if an Event Outside Our Control takes place. An Event Outside Our Control means any act or event beyond our reasonable control, [including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks]. mLP will not be liable for any failure to perform or delay in performance of, any of its obligations under these Terms and Conditions that is caused by an Event Outside Our Control.
- Once mLP has begun to provide the services, either party may terminate the contract with immediate effect by giving written notice to the other party (by emailing firstname.lastname@example.org where the customer is the terminating party) if the contract is broken in a material way and the offending party does not fix or correct the situation within 14 days of the innocent party asking the offending party to fix or correct the situation in writing.
- The right of termination provided for in this section 5 is in addition to that provided for under the Cancellation Policy set out at the end of these Terms and Conditions.
- Liability of mLP
- Except for death or personal injury arising from our negligence, we shall not be liable for any direct, indirect or consequential loss or damage (including without prejudice to the foregoing generality, any lost business opportunities, loss of profit or goodwill) arising from or in any way connected with the mLP services.
- Responsibilities and Obligations of the Customer / Prohibited Practices / Exemption
- The customer is alone responsible for the content of their application and therefore for the information he/she provides about himself/herself.
- The customer assures that the data given are true and describe him/her personally. Both parties agree that mLP has the right, but not the obligation, to verify the accuracy of the data if necessary.
- The customer assures that he/she does not pursue commercial and/or business purposes in connection with their membership. She/he agrees not to use the contact portal for commercial or business purposes (see below, point “g”).
- The customer assures that in the context of offers and services from mLP he/she will not use any photographs, text, software or any other copyrighted information without having the necessary rights or consents for them.
- The customer complies with all applicable laws for registration and use of the contact portal.
- The customer may in particular under no circumstances (prohibited conduct):
- intentionally declare the data of third parties (including email address) as their own. In particular, he/she must not provide the bank account or credit card information of third parties;
- make personal information, such as names, telephone and fax numbers, residential and e-mail addresses, photo-/video data and / or URLs known to third parties without the consent of its respective owner;
- distribute defamatory, offensive, or otherwise unlawful material or such information;
- threaten or harass other people, or harm the rights (including personality rights) of any third party;
- upload data containing a virus (infected software);
- use the service in a way which affects the availability of offers for other customers adversely, especially to write proprietary profile information in a language other than English;
- intercept e-mails or try to intercept them;
- carry out advertising for other services;
- send chain letters;
- name in the personal description (profile) names, addresses, telephone or fax numbers, e-mail addresses, user names, or other contact data from messenger services or other Internet services;
- give logins and personal passwords to third parties or share those with third parties;
- An inadmissible commercial or business use in the sense of this provision is in particular:
- the provision of goods or services in return for payment of any kind, the solicitation of making an offer, or a reference to an attainable offer elsewhere;
- the usage of commercial internet sites for advertising, particularly those sites that offer chargeable goods or services that are used for displaying or advertising companies or for advertising other commercial web sites. This is especially true for advertising in the form of pop-ups, banner ads or flashy or particularly highlighted links;
- linking (directly or indirectly) to the contact portal of another operator;
- the naming of value-added service numbers (in particular 0900 numbers) or value-added SMS numbers (premium SMS) under this contact portal;
- the contact for the purpose of subsequent profit, especially by subsequent reference to value-added SMS or 0900 numbers;
- the search for employees, models, etc. for agencies or for chargeable service providers;
- the business of collecting profile data that is accessible within the contact portal or asking about data (e.g. telephone-/mobile number) of other customers, e.g. for the purpose of commercial exploitation, or promotion or resale;
- to make advertising to other clients of the service or to other customers in any form for business offers and the sending of messages that serve a business purpose. This relates in particular to the setting of relevant links in the data profiles or sending messages with the internal communication systems.
- Blocking on Suspicion
- mLP is entitled, in the case of a complaint from a third party, and on suspicion of a violation or breach of these terms and conditions, to delete the member’s content, which triggered this suspicion or complaint. The complaint itself, however, does not serve as justifiable grounds for mLP to terminate the member’s contract. For termination of the contract, a breach of the conditions specified in these Terms and Conditions has to be identified.
- If a warning is deemed reasonable by mLP, mLP must give the customer the opportunity to eliminate the suspicion or to remedy the situation before blocking or removing the content. If a warning is not reasonable, for example, because the blocking or removal is needed to prevent a possible damage to mLP or another customer, mLP will inform the customer immediately afterwards about the blocking or removal and then give them the opportunity to comment and request help.
- mLP can always delete the content or keep the profile blocked when mLP is requested to do so by a court or by state authorities, or if the contract is terminated in accordance with these Terms and Conditions. The same applies if the cancellation or revocation is necessary to prevent an imminent harm to mLP or another customer.
- The customer’s obligation to pay the contractually agreed remuneration as part of a paid membership remains unaffected by the blocking of content. If the customer’s access to the paid membership was blocked and the closure in hindsight proves to be unwarranted, the duration of the paid membership will be extended accordingly. If an extension is not possible or objectively unreasonable, mLP will reimburse the blocking period and the corresponding fee.
9.1 Right of Withdrawal
You have certain rights under The Consumer Contracts Regulations.
Before mLP begins to provide the Services, you have the following right to cancel the contract for mLP’ Services:
- You may cancel the contract at any time within 14 working days from the day after receiving the email from mLP confirming the terms of the contract (“Cooling-Off Period”), provided that you have not started using the Services by, for example, sending messages, added friends, added to favourites and any other services available to paid members.
- You agree that the Services may start before the end of the Cooling-Off Period. You also agree that once the Services have started you will lose your statutory right of withdrawal under the Regulations.
- If you cancel the contract under the above paragraph (9.1.1) and you have made any payment in advance for the Services, mLP will refund these amounts to you.
- You can exercise the right to withdrawal under this paragraph 9.1 by notifying us by:
E-mail: email@example.com – mLP will confirm your withdrawal in writing to you.
9.2 Cancellation and Consequences
After the initial 14 days of your first subscription period, your Right of Withdrawal expires. You will then be able to stop the renewal of your current contract by using your option of cancellation. After cancellation of the paid membership, your account data are erased and subscription payments cancelled. Early cancellation does not entitle you to any reimbursement or refund for the remaining duration of the contract, and you are still liable for any outstanding payment due for the originally agreed subscription term. You must satisfy obligations to reimburse payments within 30 days after dispatch of your written notice. More detailed information about Cancellation, Renewal and Termination can be found in the above Section 5.
- Limitations and Exclusive Remedies
To the maximum extent permitted by law, mLP will not be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages (including, without limitation, lost profits, loss of data or programs, cost of procurement of substitute services, service interruptions or physical, emotional or financial damages arising out of your communicating and/or meeting with other Members of this Service) arising from your use of the Website, the Software and/or the Service or the inability to use same, even if mLP or its agents have been advised of the possibility of such damages.
- Copyright Matters
You may not post, distribute, display or reproduce in any manner any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.