1. Information about us
Company name: UAB "Softeka". Address: Saltkalviu g. 64-23, Vilnius, 02175, Lithuania. Registration number: 304873072
2. Eligibility to use the Site and the Services
The Services are intended for adult Users to communicate with each other online and you must be over 18 years of age to become a Member, Subscriber or User.
If you have been charged with or convicted of any offence (or are subject to any court order, police investigation, formal caution or similar) specifically relating to fraud, assault, violence, sexual misconduct or harassment you cannot use the Services.
You may not seek to use the Site or the Services for any commercial purposes.
We reserve the right to refuse any application to become a Member or Subscriber. You will not become a Member or Subscriber until you receive email confirmation from us, and we may retract any such membership or subscription at any stage at our sole discretion.
3. Membership and Subscriptions
Subscriptions terms: Recurrent payment €23,59 Month. Trial period 3 days = €3.
In case of a low balance, a cheaper tariff can be applied.
In the cardholder statement transaction will have a description: 'vtsup.com*Softeka UA'
You may remove your profile or cancel your subscription at any time.
If you do not cancel your subscription and you paid for the subscription by card, we will automatically renew it when it is about to expire. Automatic renewal transactions may be processed up to 24 hours before your existing subscription expires, so if you do want to cancel your automatic renewal we recommend that you do so at least 48 hours prior to the expiry date.
4. Safety and Security
Our experienced vetting team checks all new User profiles (and updates to them) for inappropriate content and tries to identify and remove possible scammers from the Site. However, we are not in a position to verify the identity of Users or the accuracy of User Content, nor can we guarantee that our vetting processes will spot all inappropriate User Content. You should therefore not assume that any User Content is accurate or that another User is who he or she claims to be. It is up to you to take appropriate steps to investigate User Content before you take any action based on it. We will not be liable for false or misleading statements by other Users.
When arranging to meet another person through the use of the Services, you must take appropriate precautions. Any such meetings are at your own risk.
You alone are responsible for ensuring that your interaction with other Users is lawful.
You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind.
We will not be liable if your identity is used by someone else.
You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure, or use of a username or password. In such case, you should immediately amend your password.
Although we cannot control what may happen between Users if they decide to meet in person, you should notify us via our report abuse page if you encounter any behaviour that might reasonably be expected to represent a threat to other Users. Any such reports will be treated in confidence and investigated by a senior member of our customer support team. If it is deemed necessary we may (at our sole discretion) elect to warn the other User or to suspend or delete his or her profile.
If you experience a serious incident when meeting another User (such as a physical attack or assault) or suspect that another User is missing after meeting someone through the Services (or otherwise) you are advised to contact the police immediately and let our customer support team know via our report abuse page.
Except as described in paragraph 4.7 above, we will not become involved in any disputes between Users, nor do we provide any arbitration or settlement services should a dispute arise.
5. Your obligations in agreeing to use the Site and the Services
You agree that you will not:
in connection with the Services breach any applicable law, regulation or code of conduct;
publish or send any User Content (including photos you make visible only to your favourites) or communications to us which are false or misleading (and you agree to update User Content to ensure that it does not become false or misleading), sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, homophobic, xenophobic, abusive, unlawful, deceitful, invasive of another's privacy, offensive, harmful, violent, threatening, harassing, defamatory, an infringement of third party intellectual property or other rights or which encourage or assist any of the foregoing. Photographic content that will be publicly viewable is further subject to the terms and conditions noted on the photo upload page;
publish content (including photos) that directly or indirectly alludes to child pornography or attempts to solicit communication with or on behalf of any person under the age of 18;
solicit other Users' contact details or disclose your subscription or Member status in your profile;
disclose or make accessible to any third party any username(s), password(s), activation code(s) or similar information allocated to Users or use them for any purpose other than authentication for the Services;
provide email addresses to us of other persons or publish or send any User Content referring to other persons without having obtained their prior consent;
publish or send any User Content which links to any third-party websites which are illegal or contain inappropriate content;
use the Services for any commercial, professional or non-private purposes (including advertising, canvassing, soliciting, trading, prostitution);
use the Services for junk mail, spam and pyramid or similar or fraudulent schemes;
do anything which may have the effect of disrupting the Services including the use of worms, viruses, software bombs or mass mailings;
attempt to gain unauthorised access to any part of the Services or to the equipment used to provide the Services;
use the Services to harass any other Member or seek to contact any Member who requests that you cease contact (you will have the option to block contact from other Members by selecting the appropriate option in their profiles);
impersonate any other person or entity; or
use the Services other than for the purposes set out in these Terms.
You agree to comply with any guidelines or requirements on our Site as well as any reasonable request or instructions by us in connection with the Services.
You must ensure that all contact and payment information (e.g. postal and email addresses, credit card numbers) that you provide are accurate and kept up to date.
You must notify us in writing immediately if you become aware of any inappropriate behaviour in connection with the Services (including if you believe that material belonging to a third party has been posted on the Site by another User in breach of copyright). To report inappropriate behaviour or suspicious profiles please contact the customer support team by email firstname.lastname@example.org
6. User Content
Moboola LP only provides the channel for Members to publish and/or distribute their personal information and is not the publisher of User Content.
It is your responsibility to decide which information to publish or send as User Content (which will be visible to other Users or Internet users). Moboola LP will not be responsible for any misuse of such User Content by any other User or third party.
Moboola LP reserves the right to exercise editorial control over profile and picture content, but accepts no liability for User Content (including pictures) or other activities of Users which may breach the rights of other Users or third parties.
Moboola LP does not verify the accuracy or truth of any information published by Users. You should therefore conduct your own independent investigations to verify the accuracy of User Content published or sent by other Users and be careful when dealing with other Users (see also section 4 (Safety and Security) above).
We do ask Users to notify us of inappropriate User Content. You acknowledge that such notification may take place and that we may take steps outlined in these Terms in respect of such information which comes to our attention if it relates to User Content published or sent by you.
We reserve the right not to accept or to suspend, redact or remove from the Site and the Services all or part of any profile or any other User Content for any reason and, if we do so, we will not enter into correspondence with you regarding the suitability of such User Content.
We assume no responsibility for the deletion of or failure to store your User Content, including profile details and photographs. Further, you must ensure that you save any messages you wish to keep.
We reserve the right to permanently delete messages and other User Content after any period stated under the heading "How do I delete my profile?" in the Profile Help section of the FAQs or if we exercise any right of termination under this Agreement.
Moboola LP cannot guarantee that offensive or inappropriate material will be removed or deleted from the Site in every case, but any failure to do so in a particular case will not affect our right to remove or delete similar material in subsequent cases.
7. Proprietary Information and Content
The Site and the Services contain or use information and content (including marks, logos, graphics, images, photographs, animation, videos, text and software) that are the intellectual property of our partners, other Users and us. Your right of use is strictly limited to accessing, downloading, printing and reproducing such information or content for your own personal, private and non-commercial use of the Services within the scope of these Terms. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (except insofar as permitted by applicable law) such content without our prior written consent.
You may not link to our Site or include it in part or in whole within another external website without our prior written consent.
making your profile visible to other Users of Moboola;
making your profile visible to Users on other Network Sites operated by us (which will substantially increase the reach of your profile and the chances of finding a successful match);
publishing your profile on sites operated by our Network Site media partners as part of their promotion of the dating site;
making your profile visible to other Users within dating service specific emails (e.g. new fan notification, etc);
using such Content in connection with our business to business marketing activities.
You may not copy or otherwise use any User Content of other Users except insofar as strictly necessary for your own personal, private and non-commercial use of the Services within the scope of these Terms.
You may not publish or post any material on the Site or send via the Services any material that belongs to a third party unless you have permission to do so. You are also requested to notify us if you believe that material belonging to a third party has been posted or sent by another User. This includes (but is not limited to) photographs, images and text.
8. Performance of and changes to the Site and the Services
The Services are provided to you on an "as is" basis by Moboola LP. We do not guarantee that our Services will be uninterrupted or error-free or will achieve particular results. We will use our reasonable endeavours to rectify faults if they do occur.
We reserve the right to suspend the Services at any time without notice for repair, maintenance, improvement or other technical reason, but to minimise disruption we will normally try to do so only in appropriately set time.
We reserve the right to change the Services provided such changes do not have a material adverse effect on the quality of the Services.
9. Right to cancel
You may cancel your order for the Services by giving us written notice within 24 hours of placing your order. You can do this by either a) using the "cancellation request" option in the Contact Us form, or b) by emailing us to email@example.com. Remember to include details of your username and the email address you gave when you joined the site to help us authenticate your request.
If any refund is due under this Right to cancel, it will be governed by the rules of our Refund Policy detailed below.
You may at any time terminate your registration with us by deleting your profile yourself or by requesting the removal of your profile from the Site by either emailing us or by writing to us at the address firstname.lastname@example.org. We will implement such a request as soon as reasonably practicable.
We may suspend or terminate your registration at any time:
Immediately without notice or refund if in our reasonable opinion you have committed a serious breach of this Agreement or any User Content published or sent by you or your continued membership is or might be damaging to our business or to other Users; or
otherwise on 24 hours notice in which case we will provide a full refund of the proportion of your subscription payment that relates to the period after termination.
We will notify you by email of any suspension or termination of your registration (or of confirmation thereof). Following such notification, you must not attempt to re-register as a Member or to use our Services unless we notify you that any suspension has been lifted.
Termination will not affect the accrued rights of either party under this Agreement.
11. Cancellation and Refund
Subscribers may cancel the service at any time by contacting our customer service agents. Those who are dissatisfied with the service may request a refund of the last month's charge no longer than within 24 hours of placing your order. In the event that a refund is issued, ALL refunds will be made by crediting the credit card that was used to make the original purchase.
12. Third party websites
We or third parties may provide links on our Site to third party websites. You use them at your own risk. We do not review such sites. We do not recommend or recommend such sites nor are we responsible for the content of those sites or any goods or services offered thereon. If in the course of performing a search on our site you encounter any third party website the use of which would violate any applicable law, you must immediately cease use of such website.
13. Limitation of liability
This section 12 (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors and agents (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to us. Nothing in this Agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.
We will not be liable to you for any loss or damage you suffer to the extent you cause or contribute to such loss or damage by your own acts or omissions, for example by not complying with these Terms.
Our liability of any kind (including our own negligence) with respect to the Services for any one event or series of related events is limited to double the total fees paid by you in the 12 months before the event(s) complained of.
In no event (including our own negligence) will we be liable for any indirect losses (such as loss of profits, contracts or business) even if we have been advised of or ought to be aware of the possibility of such losses.
We are not liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond our reasonable control, including acts or omissions of providers of telecommunications services or faults in or failures of their networks and equipment.
You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities (including reasonable legal fees incurred by us) related to your breach of this Agreement and/or to your use of the Site and Services, including any claim or liability arising from the publication or other communication by you of any content or information that infringes the intellectual property rights of, or denigrates, libels or invades the privacy of, any third party.
Headings in this Agreement are for information only and do not affect the meaning of the Terms or the Agreement.
These Terms are personal to you and you may not transfer or assign your rights or duties under this Agreement to anyone else without our prior written consent. We may assign all or part of our rights or duties under this Agreement at any time.
Any failure by us to exercise or enforce any right or provision of this Agreement does not constitute a waiver of it.
If any part of this Agreement is deemed void or ineffective for any reason, the remainder shall continue in full force.
A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 unless expressly stated otherwise in this Agreement.
16. Dispute Resolution
We will try to resolve any disagreements with you quickly and efficiently, but if you (or we) feel it is necessary to take court proceedings, this Agreement is governed by Lithuanian law and any disputes must be decided only by the Lithuanian courts.
"FAQs" means the frequently asked questions section on the Site;
"Member" means a registered user of the Services with access only to the free elements of the Site;
"Site" means the website at https://moboola.com/ or such other website as we may use to provide the Services from time to time;
"Services" means the services made available by Moboola to users of the Site (primarily being an online mechanism for Users to find and communicate with other Users);
"Subscriber" means a registered user of the Services who has paid for full access to the free and paid for elements of the Site and the Services;
"Terms" means these terms and conditions of use;
"User" means any person who uses the Services, whether such Services are paid for or not;
"User Content" means any and all information published by Users on the Site, or sent by Users to other Users using the channels provided by Moboola as part of the Services (including profiles, messages and photographs).