Terms and conditions of use agreement
Laatste revisie: Februari 2018
Please read these Terms and Conditions of use of Use Agreement in full before you start browsing the website because they apply every time you visit Courtlounge website and/or make use any of its Services.
Definitions. The following terms are defined as follows and are applicable in singular & plural form, small letters & capitals.
‘Communication’ means all possible ways of using words or signs or exchange information or to express ideas, thoughts, feelings, etc.; in order to communicate directly with another person through phone, e-mail, or other social media forum or through direct personal contact.
‘Content’ means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services, uploaded through CourtLounge website and includes content that you as Member provide to Courtlounge to be made available through the Service and to be used by Courtlounge to be able to perform its Services.
The word “Courtlounge” refers, whenever applicable, to Courtlounge as a matchdating entity, its employees, contractors, and agents, whether individually or collectively.
The word ‘Date’ or ‘Introduction’ means a human person to be potentially introduced to.
‘Dating’ means the direct personal communication between Members without the involvement of Courtlounge. Courtlounge does not arrange any concrete meeting moments between Members, nor in time, nor the location, nor direct nor indirect.
‘Dating service’ or ‘Personal Introduction Service’ means the service provided by Courtlounge regarding the search for a potential Date and the question raised to both Members if they want to be introduced to each other.
‘Dating fee’ means the respective amount to pay on the account of Fairline Capital Ltd. This fee is to be paid once a Member decides to buy a Dating plan.
‘Dating plan’ means the possibility to buy for one or more Introductions, to be chosen from the portfolio mentioned in the Courtlounge website.
‘E-mail’ means where applicable the e-mail address email@example.com mentioned on Courtlounge website.
‘Fairline Capital Ltd.’ is the juridical company of Courtlounge.
‘Force Majeure’ means that Courtlounge shall not be liable for any delay and/or failure to perform any of its obligations under this Agreement during any period in which Courtlounge cannot perform due to but not limited to the direct or indirect results from a hacker attack, internet and/or computer/server failure, failure of public or private telecommunications networks, civil commotion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, flood or other natural disaster, embargo, riot or the intervention of any Governmental Authority.
‘Financial obligation fulfilled’ means that the full amount of the Membership fee respectively Dating fee has been received on the account of Fairline Capital Ltd.
The word ‘Introduced’ means that you receive written information from CourtLounge, most commonly by email, containing some personal information from the other Member and the question if you agree to communicate with the other person.
‘Intellectual Property Rights’ means all patents, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar rights wherever existing in the world together with the right to apply for protection of the same.
‘Liability’ means the Liability for any and all direct and/or indirect damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities.
‘Gender’ means that introductions can be established between Members of the same or opposite sex only if the applicable law of your country/jurisdiction allows to form such kind of communication. It is entirely the responsibility of each Member to obey the local laws.
‘Matchdater’ means an employee of Courtlounge who searches for Matching Members and proposes to introduce two individuals to each other within the scope of Courtlounge’s Personal Introduction Services.
‘Matchdating’ is the art of manual selecting personal quality criteria from its Members within Courtlounge’s database, created on modern computer techniques and personal interaction, suggesting to start a communication between two Members.
‘Member’ refers to an individual person that has been registered and fulfilled the financial obligations towards Fairline Capital Ltd.
‘Membership fee’ means the respective administration fee to be paid on the account of Fairline Capital Ltd. once a person decides to become Member of Courtlounge. This Membership fee is a one-time payment and valid for a lifetime for the individual person, except when this Agreement is terminated.
‘Payment’ refers to all online financial payments made through CourtLounge website.
‘Personal Profile’ means the personal file within Courtlounge’s database containing details, photographs and other information about yourself. The profile contains the filled-in Personal information, Profiling questionnaire, and all other relevant information.
‘Photos’ means all uploaded, non-sexual explicit, color photos with a maximum resolution of 9Mb in jpg, gif, bmp, png format. Courtlounge has the right to withdraw photos from your personal page if we deem that they are not in accordance with our hereby mentioned standard.
‘Post’ means display, exhibit, publish, distribute, upload, transmit and/or disclose information, details and/or any other material regarding and/or to Courtlounge.
‘Profiling questions’ mean the online list of specific questions that are requested to be filled in, to allow the matchdater to gain an insight to and understand who you are and what your preferences are.
‘Refund’ means a financial sum to be paid on the account of the Member
‘User’ means any individual person who is visiting Courtlounge’s website and/or makes use of Courtlounge’s Services.
‘We, Us, Our’ means Courtlounge.
‘Website’ means Courtlounge’s website at URL www.courtlounge.com or such other URL that Courtlounge may use to provide its services from time to time.
‘You, Your, Yourself’ refers where applicable to the person who visits the CourtLounge website, the person who has the aim to become Member, the persons whose application for Membership of the Service is accepted by Courtlounge and the person who is actually a Member and starts dating.
Eligibility. You may only access and use the services of Courtlounge, or become a registered Member if you represent and warrant the conditions mentioned in this clause at the time of registration as Member. Any use of the services is void where prohibited. You warrant that you have the right, authority and capacity to enter into and be bound by this Agreement. You are personally responsible for your compliance with all applicable local laws and regulations in your jurisdiction of residence and/or country.
When you decide to register as Member, you represent and warrant that you have reached the age of majority in your jurisdiction of residence; you are at least 18 years old on the day you pay your Membership fee; you have never been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment nor a violent or sexually related criminal offence; a felony; that you are not required to register as a sex offender with any government entity. You have previously never been banned from using Courtlounge’s website or similar services.
Registration as a Member. When registering as a Member of Courtlounge, you ensure that all personal information you provide is accurate and up-to-date. You acknowledge that it is your responsibility to notify Courtlounge of any changes to your information immediately by e-mail or updating your personal Member profile. You must maintain, and are responsible for, the confidentiality of all information you give freely to Courtlounge, including the responsibility for your password. If you disclose to other persons any confidential or sensitive information about yourself then you do so entirely at your own risk. If ever requested by Courtlounge, you must provide Courtlounge with a form of identification to verify your identity, your personal income statement and to confirm your country of residence.
Member Services acceptance policy. Courlounge’s members may belong to all social classes, ethnics, religion and income groups but Courtlounge will offer its Services only to those Members who share Courtlounge’s philosophy of quality, style, and Services offered within a specific market segment. Therefore Courtlounge reserves the sole and absolute right to cancel your Membership at any time where it has reason to do so. Courtlounge is not required to disclose the reason for the termination of your Membership but will give you notice by e-mail to inform you of the termination date of your Membership.
Member and Dating Services procedure. When you decide to become Member, please register by filling in the requested personal information, the profiling questionnaire and upload some photos. You finalize your registration by signing in to your personal page and pay the Membership fee. Thereafter you buy for your best-suited Dating plan. A Courtlounge matchdater will then learn to get to know you in person through your personal file and will if we think it is required, contact you for more information. Our Matchdater will then look for a potential match and contact you with details about who we selected and the question whether you agree to communicate with your potential Date. To respect your confidentiality, no identifiable information will be shared until the moment that you both agree to communicate with each other. CourtLounge will then share personal contact details to both Members to allow you to contact each other. At the moment personal contact details are shared, the Date is accepted and will be accounted for. From then onwards, Courtlounge will not send you any suggestions for potential Introductions until you send us an e-mail stipulating your decision to start Dating again.
Termination of this Agreement and Refund policy. You may choose to terminate your Membership at any time, for any reason. Once you become a Member, you have the right to withdraw your Membership within five (5) calendar days of registration, provided that you have not purchased a Dating Plan within that time frame. To exercise the right of Membership cancellation, you must inform Courtlounge by e-mail. Within 5 calendar days of registration, your Membership fee, if received on our account, will be reimbursed to you. After the 5 calendar days have expired, the cancellation of your Membership will be noted but the Membership fee will not be reimbursable any longer. Once your Membership is terminated, we have the right to delete or keep any related information in Courtlounge’s database that you have submitted. Your decision to terminate your Membership after five calendar days of registration does not entitle you to any refund for any amounts paid on Fairline Ltd ’s account.
Not everyone who registers with Courtlounge will automatically turn to be our client as we may terminate your Membership at any time without notice in its sole and absolute discretion. Whenever Courtlounge suspects that you have breached this Agreement, or if it is of the opinion that it will not be able to deliver any Personal Introduction Services to you, or for any other reason; with or without cause, upon such termination, you will not be entitled to any refund any amounts paid on Fairline Capital Ltd ’s account, unless clearly stated by Courtlounge. Courtlounge is not required to disclose and may be prohibited by law from disclosing, the reason for the termination or suspension of your Membership. After your Membership is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. Courtlounge will give you notice by e-mail to inform you of the termination date of your Membership. In the case that you would request to become Member again, the Membership fee is due to be paid again to Courtlounge.
After five days of registration, the Membership fee and the Dating Plan fee are under no condition refundable, not even if the Member decides after all not to communicate with another Member or wants to communicate with only some of the total Dates acquired from the respective Dating plan or is in the opinion that Courtlounge’s Services are not what was expected.
The Service is for personal use only. Members may not use the Service or any content contained in the Service (including, but not limited to, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services not offered by Courtlounge or soliciting other persons to attend parties or other social functions, or networking for commercial purposes. Members may not use any such information obtained from the Service to contact, advertise to, solicit, or sell to any other user without Courtlounge’s explicit consent, which Courtlounge may provide or deny in its sole and absolute discretion.
Integrity. Courtlounge request from all its Members to maintain their integrity when using Courtlounge’s Services. Courtlounge will not be responsible nor juridical liable when Members compromise integrity, including actions or communications that occur off the Service. Courtlounge reserves the right to investigate and/or terminate each Membership immediately if a Member has misused the Services or behaved in a way Courtlounge regards as inappropriate or unlawful.
The following is a partial but not a limited list of the type of integrity breaches that a Member may not engage in with respect to Courtlounge’s Services. Members will not:
Communication. Courtlounge does not verify that information received from each Member is correct, accurate and not misleading in every single case. Courtlounge will offer its services based on the information received by its Members, which it deems accurate and correct, but does not conduct criminal background checks of other screenings on its users. If you communicate with another Member through your use of the Service then you do so at your own risk. Courtlounge cannot be held responsible for the conduct and behavior of its Members. In no event shall Courtlounge, its shareholders Fairline Capital Ltd., its affiliates, its officers, agents, business partners, licensors, service providers or employees be held liable for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any person in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications with other Members or persons you meet through the Service. You should take all necessary precautions as you deem necessary to ensure your personal safety and security.
Information Security. During your registration to become Member, you will have communicated specific personal information, your own personal photos and answers to the profiling and preferences questions. You are also responsible for maintaining the confidentiality of your password. All this information is kept secure in Courtlounge’s database system. Courtlounge will use reasonable commercial means to keep your uploaded personal and financial information confidential and will not disclose such information, except where such information is public knowledge or whenever it is required to be disclosed by law.
Courtlounge is not liable for any unauthorized access to your account. If you suspect that someone has gained access to your account, you must e-mail us including the reasons for your suspicion or concern. You must also immediately change your password. Courtlounge reserves the right to terminate your account if you violate our rules on keeping your password secure.
Courtlounge will only use the information received from its Members to the extent that it is used within the scope of matchdating.
Modifications of the Services provided. Courtlounge reserves the right at any time to change, suspend, withdraw, amend, modify, vary or discontinue temporarily or permanently any part or all of its Services or feature of the website without notice and without incurring any liability to you. You agree that Courtlounge shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. To protect the integrity of the Services, Courtlounge reserves the right at any time in its sole and absolute discretion to block users from certain IP addresses from accessing the website.
Ownership of Information. By transmitting, posting, uploading, submitting any material such as but not limited to personal information, pictures, filled-in questionnaires, ideas, comments, suggestions, ideas, notes, drawings or concepts for further improvements, etc … to Courtlounge you waive all moral rights related to the respective material and grant Courtlounge a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use such information in any way (including but not limited to copy, modify, adapt, translate, reformat, publish and distribute worldwide). Courtlounge has the right to disclose your identity to any third party who is claiming that any information posted or uploaded by you to our website constitutes a violation of their intellectual property rights or of their right to privacy or any other law.
You agree that you will keep all information from other Members or from CourtLounge confidential and not use, except for purposes contemplated by this agreement, any and/or all information relating to Courtlounge’s Services which may be disclosed to you or which you may learn - except where such information is public knowledge or is required to be disclosed by law.
Courtlounge reserves the exclusive right to refrain from sharing, disclosing and/or discussing your personal file with yourself or anyone else, including any personal information, photo’s, notes from personal interactions with matchdater(s), filled-in questionnaire and/or matchdater personal evaluations.
Website accessibility. It is in your and Courtlounge’s interest to have the website up and running 24 hours 7 days a week. Courtlounge will do its best to maximize the uptime but cannot guarantee an error-free or uninterrupted access. From time to time, maintenance works on the software or circumstances which are outside Courtlounge’s control such as the internet or system failure, will influence the quality, accuracy, functionality, availability or performance of Courtlounge’s website. The website uses the latest search engine technology and can be accessed from mobile devices and computers. Please ensure that your computer is adapted to the latest technologies in order to be able to use the website without limitations. Be aware that possible additional costs can occur from your internet or mobile service provider when accessing Courtlounge’s website from mobile phones or other media devices. These eventual costs or charges cannot be invoiced to Courtlounge. No refund will be given to you for any downtime in respect of the Service or for your inability to access the Service due to any technical or other problem.
Proprietary rights. All the Website design, trademarks, trade names, service marks, software and underlying source code, logos, text and graphics, photographs, animations, videos, all content appearing on and within the database of Courtlounge are owned by or licensed to Courtlounge and Fairline Capital Ltd. and remain the intellectual property of Courtlounge. You hereby assign all existing present and future intellectual property rights to Courtlounge. You agree to not copy, modify, transmit, publish, distribute, sell, display, create any derivative works from, make use of, or reproduce in any way any material without first obtaining the prior written consent from Courtlounge.
Disclaimer of warranties. Disclaimer of Warranty. Except as expressly stated in this Agreement (and except as may be required by law), Courtlounge expressly disclaims all representations and warranties, expressed or implied, in connection with this Agreement, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. All materials, documents, information, website, content and Services provided hereunder are provided to the maximum extent allowed by the applicable law, on an ‘as-is’ and ‘whenever available’ basis and with all faults.
If any clause of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other clauses of this Agreement and the remainder of the affected clause shall be unaffected and shall remain in full force and effect.
Links. Courtlounge website may contain links to other websites and resources. The other websites are linked to provide information only and are solely for your information. The display of these links to third party websites does not constitute an endorsement by Courtlounge of any of the third party content, information, sites, or resources provided. Whenever you follow the link to these third party websites, Courtlounge has no control over, does not accept and assumes no responsibility for the content or products or services of these other websites and does not accept any responsibility for any loss or damage that may arise associated with your decision to follow the link and access these other websites.
You further acknowledge and agree that the Courtlounge shall not be responsible or liable, directly or indirectly, for any damage or loss on your computer or other assets, 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 services or other materials available on or through any such website or resource.
Limitation on Liability. All Services to be provided by Courtlounge under this Agreement are upon information obtained from its Members that are believed by Courtlounge to be reliable, Courtlounge does not represent or warrant the accuracy of any information or recommendations or proposed Personal Introduction Services provided by Courtlounge or provided by third party content on the website of Courtlounge. Members acknowledge that Courtlounge is providing its services only in relation to those areas specified in Matchdating, and is not necessarily aware of any personal aspect that the Member did not mention to Courtlounge, and that the Member is solely responsible for his or her safety, legal aspects and other consequences of acting upon any of the Courtlounge’s proposed introductions or recommendations arising from its Services. Courtlounge will not be responsible or held liable for false statements made by a Member, for any loss or damage of any kind, for any failure and/or delay in performance of the Services and/or any other matters in case such events and/or matters are due to any events outside Courtlounge’s reasonable control including but not limited to acts of God, internet failure, IT problems, computer malfunctions, computer virus, DDOS, bots, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
In any event Courtlounge will not be liable for any material damage from Member’s assets, for any personal or mental or stress injuries, for any other consequences of any action taken or omitted to be taken by the Member, or for any other direct, indirect, financial or consequential loss or liability of any kind. You agree to release and hold harmless Courtlounge from any liability with regard to incidents arising from communication and/or personal meetings between Courtlounge’s Members, or with regard to communication between Members and/or non-Members.
Courtlounge’s maximum liability cap to a respective Member for each, repetitive and/or all claims as a result of or in connection with the Services of this Agreement shall under all circumstances be limited to reimbursement of the Members fee paid on the account of Fairline Capital Ltd. under this Agreement.
All information, e-mail and other material obtained through the use of Courtlounge’s Service is accessed at Member’s discretion and risk, and you as Member will solely be responsible for and hereby waive any and all claims and cause of action with respect to any damage to your own computer or other communication platform or server or internet access or loss or corruption of data or from any loss, liability, claim, demand, damage or expense asserted you may incur relating in any way to your use of the website, or your interactions with any Member, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, or any other cause of action. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Courtlounge is free of viruses or other harmful components. You accept that Courtlounge will have no liability for any defect in the Service caused or contributed to by you and/or any other Member. Courtlounge does not guarantee to provide uninterrupted and/or error free Services, that defects may not be corrected or that Courtlounge, or the server that makes it available online, are free of viruses or bugs, spyware or any similar malicious software. Courtlounge is not responsible for any damage to the Member’s computer hardware, computer software, or other equipment or technology including, damage from any security breach or from any virus, bugs, tampering, hacking, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
To the fullest extent allowed by applicable law, in no event will Courtlounge, Fairline Capital Ltd., its shareholders, its affiliates, its officers, agents, business partners, licensors, service providers or employees be liable to you or any third person or third party for any direct or indirect, consequential, exemplary, incidental, reliance, economic and/or other similar losses, special or punitive damages, including, without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or software programs, service interruptions, breach of statutory duty and procurement of substitute services.
You agree that regardless of any statute of law to the contrary, any claim or cause of action arising out of or related to use of the Service or the terms of this Agreement must be filed within three months after such claim or cause of action arose or be forever barred.
Courtlounge shall not be held liable by you to the extent that you are covered by any policy of insurance and you shall ensure that your insurers waive any and all rights of subrogation they may have against Courtlounge. Courtlounge does not bear any liability to you if any financial sums owed by you to Courtlounge have not been paid in full on the account of Fairline Capital Ltd.
In the event Courtlounge, its shareholders, its affiliates, its officers, agents, business partners, licensors, service providers or employees are being sued in a lawsuit where you are also involved, you agree to hold harmless, indemnify all of us and keep Courtlounge indemnified against any and all losses, proceedings, lost profits, damages, liabilities, claims, or all demands possible, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by us. Upon our request, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.
The remedy of faults. You shall produce to Courtlounge written evidence of any claims for which it is alleged that Courtlounge is liable together with written details of how any loss was caused by us and the steps you have taken to mitigate the loss before Courtlounge shall have any Liability for the claim by you. You shall give Courtlounge reasonable opportunity in time and means to remedy any matter for which Courtlounge is liable before you incur any costs and/or expenses in remedying the matter yourself. If you do not do so Courtlounge shall have no Liability to you. You shall be under a duty to mitigate at all times any loss, damage, costs or expenses that you may suffer from any loss or damage.
Waiver. No waiver of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Courtlounge. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Competent courts and applicable law. This Agreement is governed by and construed in accordance with the laws of Malta. The parties agree that any dispute or claim arising out of or in connection with this Agreement, shall be subject to the exclusive jurisdiction of the Malta Arbitration Centre in accordance with the Arbitration Act (Cap. 387 of the Laws of Malta) and the arbitration rules of the Malta Arbitration Centre in force at the time of the dispute.
In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions of use, the English version shall prevail.
About Courtlounge. The Services performed by CourtLounge are entirely part of its parent company Fairline Capital Ltd, Central Business Centre, Level 1, Suite 2, Mdina Road, Zebbug, ZBG 9015, Malta.