Terms & conditions

March 2018

1. Agreement between us

  1. These Terms and Conditions (“T&Cs”) are entered into between us, Toffee Dating Limited (“TD”) and any person using the Toffee website (the “Site”), together with any member or prospective member of Toffee Dating (“you”, “your” or “Member”).
  2. By registering for a Toffee Dating account and/or by using the Toffee Dating service in any other way whether through a mobile application, a mobile device, or by a computer (the “Service”), you agree that you will be bound by a) these T&Cs; b) the Privacy Policy www.toffee.dating/termsandconditions; and c) any terms of any additional features, all as updated from time to time. Please do not continue to use the Service if you do not accept these terms.
  3. Relevant parts of these T&Cs also apply to you if you are using the Site, even if you may not be a Member of Toffee Dating.
  4. These T&Cs are the property of TD. Any copying or other reproduction, in whole or in part or in any medium, of the T&Cs for purposes other than personal use, is subject to TD’s prior approval.

2. The Service

  1. Toffee Dating offers its Members a virtual platform where they can meet likeminded others. Toffee Dating will assess whether registrations meet its criteria, in its absolute discretion. Applicants that are successful will become Members and will pay the subscription fee detailed below.
  2. Toffee Dating may add new product features or enhancements from time to time as well as remove some features. The purpose of these changes will be to improve the Service to you and we may not provide you with prior notice. We may even suspend the Services entirely, for safety / technical / security reasons without notice and with no liability to you.
  3. You are solely responsible for your interactions with other members. TD does not carry out any checks on any prospective members, so please take care what information you share with other members.
  4. TD may (but is not obligated to) organise events for regular Members, founder Members (see 4d), referrals and any other person in TD’s discretion, from time to time. Availability of and access to these events is not guaranteed, and will be strictly limited as determined by TD and/or the event operator or organiser. All such events will also be subject to the terms and conditions and restrictions of the event operator or organiser and TD accepts no liability whatsoever for non-entry, or any loss or damage incurred by any person during any such event.

3. Access and Registration

  1. Toffee Dating is only available for age 17 and over.
  2. You will be asked a series of questions during the registration process, which you must answer honestly and fully. Toffee Dating will not be able to assess any incomplete applications. Please make sure that you keep any passwords safe and secure.
  3. If you meet Toffee Dating’s criteria (as determined by TD in its absolute discretion), then on payment of the Subscription Fee (detailed below), and acceptance of these T&Cs and the Privacy Policy, you will become a “Member”.
  4. You can add information to your profile during the registration process and modify this at any time. Please only use accurate and up to date information to complete your profile. Please take care when sharing personal contact information through Toffee Dating – any information you do share is entirely your responsibility.
  5. In order to use Toffee Dating, you may sign in using your Instagram or Facebook login. By doing this, you authorise us to access and use certain Instagram or Facebook account information, such as your public Instagram or Facebook profile. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy www.toffee.dating/privacypolicy.
  6. Please note that TD will not enter into any correspondence for any registrations which are not successful.

4. Membership Subscription

  1. Membership of the ‘Founder Member’ app is free. Regular membership costs £4.99 per month and is payable via your relevant App Store.
  2. The terms and conditions of your relevant App Store apply to any purchase of the Service. Any issues with your payment method must be resolved with your relevant App Store.
  3. Your subscription to the Service will continue indefinitely on a monthly rolling basis, unless and until cancelled by you. You agree that your account will be subject to such automatic renewal.
  4. If you are a Founder Member (i.e. you downloaded our ‘Founder Member’ app at the early stages of TD), then membership will be free for the first 6 months and you may be offered some additional benefits, subject to availability and applicable terms and conditions.
  5. Where our Membership subscription changes in price, we will provide you with as much notice as we can, and you may cancel your subscription at any time. By continuing to use the Service, you agree to any such price change.
  6. Except where indicated in these T&Cs, all charges for purchases are non-refundable, and there are no refunds for partially used periods.

5. Cancellation and Termination

  1. You may terminate your Toffee Dating account at any time, for any reason, by following the instructions in “Settings” in the Service. Please note, however, that you will need to manage your in app purchases through your mobile device platform (e.g. iTunes, Google Play)
  2. The termination of a subscription takes effect on the expiry date of the current monthly subscription, provided that your cancellation request was received by TD no later than 48 hours prior to the expiry date of the current monthly subscription.
  3. TD may terminate your account at any time without notice if it believes that you are in breach of these T&Cs. In the event of such termination, you will not be entitled to any refund. After your account is terminated, these T&Cs, except those which are intended to survive termination, will expire.
  4. On termination, any information included in your profile and any messages sent to other members, will be deleted.
  5. These T&Cs are an agreement to which the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 may apply. This provision of these T&Cs is notice of your right to cancel. You have a right to cancel the contract if you so wish and this right can be exercised by delivering or sending (including by email) a cancellation notice to contact@toffee.dating within a period of 14 days, starting with the day of receipt of notice in writing of the right to cancel the contract.

6. Rights granted to TD

  1. By registering for and creating a Toffee Dating account, you grant to TD a worldwide, transferable, sub-licensable, royalty-free, right to use, display, reproduce, adapt, and distribute information you provide to us either through your profile, or from your Facebook / Instagram accounts or from your interactions with other members (Content). You agree that any Content may be viewed by other users and may be viewed by any person visiting or participating in the Service.
  2. You understand and agree that we may monitor or review any Content as part of the Service and in our absolute discretion, we may delete any Content which is in breach of these T&Cs, the Privacy Policy, or which jeopardises the security or reputation of the Service.
  3. As part of using the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Further, whenever you submit suggestions or feedback to TD regarding our Services, you agree that TD may use and share this feedback for any purpose without compensating you.

7. Member obligations

  1. Toffee Dating takes the conduct of its Members very seriously. By using the Services, you agree that you will not: use the Service for any illegal purpose • use the Service in a way which is prohibited by these T&Cs. • request money from or defraud any other Members. • impersonate any person or post any images of another person without his or her permission. • post content to intentionally intimidate, annoy, threaten or harass any person. • post any content that violates or infringes any third party’s rights, including any intellectual property right. • Post content which is inaccurate or misleading. • Use the Service to send spam, junk or chain mail, or to advertise or promote commercial endeavours. • post any content that is threatening, sexually explicit or pornographic; incites violence; or contains violence. • post any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual. • reveal another person’s personal information without his or her permission. • use another Member’s account. • create another account if we have already terminated your account, unless you have our permission. • Register for more than one account. • Continue to contact Members who have asked you to stop contact. • Post, copy, modify, disclose or distribute any confidential information, any content which is subject to third party rights without first obtaining the approval of that third party (e.g. a professional photograph).
  2. You agree to compensate TD for any claim or damages (including any legal fees in relation to such claim or damages) demanded by a third party in respect of any matter relating to or arising from any breach or suspected breach by you of these T&Cs or the rights of a third party.

8. Responsibilities

  1. The Service is provided on an ‘as is’ basis and TD grant no warranties of any kind (whether express, implied, statutory or otherwise) with respect to the Service. TD does not represent or warrant that (a) the Service will be uninterrupted, secure or error free, (b) any defects or errors in the Service will be corrected, or (c) that any content or information you obtain on or through the Services will be accurate.
  2. TD does not carry out any checks on any of its Members and gives no warranty that any information relating to any of its Members is accurate.
  3. You are solely responsible for any content that you post, send or receive through the Service.
  4. You are also solely responsible for taking all appropriate safety precautions in connection with your use of the Service and in communicating with other Members.
  5. Please report any behaviour you encounter which is in breach of these T&Cs to contact@toffee.dating including any behaviour which may be harmful, threatening, harassing or unlawful.

9. Use of the Site (Intellectual Property, Information on the Site, Third Party Services, Viruses & Linking to our Site)

  1. TD is the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws around the world. All such rights are reserved.
  2. You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
  3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
  5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
  6. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  7. You are not permitted to use our brand in relation to which we have intellectual property rights, without our approval.
  8. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
  9. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
  10. The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources – none of which TD is responsible for.
  11. Such advertisements, promotions and/or links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
  12. TD has no control over the contents of those sites or resources.
  13. We do not guarantee that our Site will be secure or free from bugs or viruses.
  14. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
  15. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
  16. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
  17. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  18. You must not establish a link to our Site in any website that is not owned by you.
  19. Our Site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
  20. We reserve the right to withdraw linking permission without notice.

10. Prohibited Uses of the Site

  1. You may use our Site only for lawful purposes. You may not use our Site:
  2. In any way that breaches any applicable local, national or international law or regulation.
  3. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  4. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  5. To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  6. You also agree:
  7. Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of these T&Cs.
  8. Not to access without authority, interfere with, damage or disrupt: i. any part of our Site; ii. any equipment or network on which our Site is stored; iii. any software used in the provision of our Site; or iv. any equipment or network or software owned or used by any third party.

11. Breach of Site conditions

  1. When we consider that a breach of these T&Cs has occurred and particularly paragraphs 9 and 10, we may take such action as we deem appropriate in relation to any user of the Site, even if they are not Members.
  2. Failure to comply with the T&Cs constitutes a material breach of the terms of use above, upon which you are permitted to use our Site, and may result in our taking all or any of the following actions: i. Immediate, temporary or permanent withdrawal of your right to use our Site. ii. Issue of a warning to you. iii. Legal action against you. iv. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
  3. We exclude our liability for all action we may take in response to breaches of the T&Cs. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

12. Limitation of Liability.

  1. To the fullest extent permitted by applicable law, in no event will TD be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Services, (ii) the conduct of other users of the Services or the Site; or (iii) unauthorized access, use or alteration of your content. TD’s maximum aggregate liability to you for all claims relating to the Service will not exceed any amounts paid by you to TD for the Service.
  2. Nothing in these T&Cs limits or restricts either party’s liability in respect of fraud or death or personal injury caused by its negligence, or any other liability which cannot be restricted by applicable laws or regulations.

13. Indemnity

  1. You agree, to the extent permitted under applicable law, to indemnify TD, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including legal expenses, due to, arising out of, or relating in any way to your use of the Services, any content that you post, or your breach of these T&Cs.

14. Entire Agreement

  1. These T&Cs contain the entire agreement between you and TD regarding the use of the Service. If any provision of these T&Cs are held invalid, the remainder of the T&Cs shall continue in full force and effect. Any failure by TD to exercise or enforce any right or provision of these T&Cs shall not constitute a waiver of such right or provision.

15. Governing Law

  1. The terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

16. About us

  1. The Site and the Service are operated by Toffee Dating Limited, registered in England and Wales under company number 10948446 with our registered office at 291 Kilburn High Road, First Floor, Unit 5 Drakes Court, London NW6 7JR.