Lovehearts Ltd.
Lovehearts Ltd is a registered New Zealand Company. We provide services via our website www.lovehearts.co.nz to people looking to find someone special, meet new friends, and a source of information for all aspects associated with romance. We are committed to providing a safe environment for our registered members and users; therefore we have rules as stated in our Terms and Conditions and Privacy Policy which are designed to help us maintain our commitment and uphold our responsibilities and legal obligations.
1.0 Terms and Conditions
1.1 Acceptance of Terms and Conditions.
These Terms and Conditions are a legal contract which all members must agree to before joining the site as a registered member. Lovehearts Ltd services are available to adults who are 18 years or older and legally agree to the Terms and Conditions below.
1.2 Amendments of Terms and Conditions.
Lovehearts Ltd have the right to update these Terms and Conditions from time to time without notification. By accepting these Terms and Conditions you agree that it is your responsibility to ensure you are familiar with the latest Terms and Conditions of Lovehearts Ltd.
The last update of these Terms and Conditions was 27th July 2007.
1.3 Terminology
In these Terms and Conditions, the following words have the following meanings:
"member" means any registered member of Lovehearts Ltd website www.lovehearts.co.nz.
"Lovehearts Ltd", "we", "us", and "our" are references to Lovehearts Ltd.
"profile" means the profile you submit to Lovehearts Ltd.
"services" means any one or more of the services offered by Lovehearts Ltd at any given time.
"you" ,"your" and “they” are references to you the member or user.
"Web site or “site”" means the web site www.lovehearts.co.nz through which the services of Lovehearts Ltd are offered.
2.0 You may not join this web site if:
a. You do not agree to the following Terms and Conditions and Privacy Policy of Lovehearts Ltd;
b. You have ever been convicted of a violent or sexually related criminal offence;
c. You have previously been banned from using the services of Lovehearts Ltd or any third party;
d. You are directly or indirectly involved (in any capacity) in the operations of a service that competes with the services;
e. You are currently in a marriage or long term relationship.
3.0 You are solely and legally responsible for the following:
a. The content and legality of all information you post or enter on the website. Lovehearts Ltd does not accept any responsibility for the information you post or enter on the website including all data, information and images contained in your profile;
b. When registering to use the service you will provide and maintain complete personal information which is truthful, accurate and correct;
c. Ensuring the content of any material, including but not limited to photos, images and messages, you post to or enter on the web site complies with New Zealand law in regard to censorship or copyright;
d. All information you post or enter on the website and all of your communications with and behavior towards other members may not include any unlawful, defamatory, threatening, obscene or otherwise offensive material. Lovehearts Ltd reserves the right to refer such material to the relevant authorities to consider prosecution, or to assist other members in the prosecution of members.
4.0 General Rules
4.1 As a member you agree to not commit any of the following; Lovehearts Ltd will not accept any liability if you do commit the following;
a. Not to use the Lovehearts.co.nz messaging system or message boards for the discussion of competing services or any illegal or unlawful activity;
b. Not to include any identifying information, material or illegal or unlawful information in your profile including but not limited to your ICQ number, email or physical address and/or contact phone number(s);
c. Not to publish members names, phone numbers, web or email addresses or other identification in any part of your profile or material posted on message boards in you correspondence with other members;
d. Not to attempt to log in as another user, create an account with the clear intention of impersonating another member, damage or harm the Lovehearts.co.nz website or services or access the chat room via any method but not provided. Members who have registered under multiple aliases will have all of their aliases and accounts removed from Lovehearts.co.nz which will result in an indefinite ban of any future registration of the services of Lovehearts Ltd.
5.0 Other Obligations to Lovehearts Ltd;
a. Lovehearts Ltd reserve the right to contact members from time to time to verify your details. Please note; Lovehearts Ltd will never ask for your username, email address or password via email;
b. You must provide authenticated Lovehearts Ltd Management or staff with your real name and contact details upon request and adhere to any site operational instructions given or remove yourself from Lovehearts.co.nz immediately;
c. You will not use the web site for commercial purposes or for the promotion of any business;
d. You will not attempt to damage or harm the web site or the services.
6.0 Communication with other members.
6.1 Lovehearts Ltd is not directly involved in member to member communications and activities. By agreeing to these Terms and Conditions you agree to the following;
a. Any contact you make with other members is entirely at your own risk;
b. You agree to comply with all applicable laws when using the services and dealing with other members;
c. You are legally responsible for your own actions;
d. Lovehearts Ltd are not liable for any actions of you or any other members, including but not limited to members that have registered under false pretences or who attempt to defraud or harm you;
e. It is you responsibility to exercise caution when dealing with other members;
f. Warning: Accurate verification of users on the internet is difficult. You must be aware that members may not be who they say they are and there is risk of members misrepresenting or presenting themselves under false pretences. This includes but is not limited to; misrepresentation of age, gender, martial status or any other element which we request the member to provide;
g. Lovehearts Ltd do not accept any liability for the way in which members represent themselves or the accuracy of the information which they post or enter on the website or contain in their profile;
h. As a registered member you may choose to stop another member from contacting you via the website by choosing the “block this person” option at any time;
i. You must not contact members who have previously blocked you or communicate with, or attempt to communicate with, any person who has indicated that he or she does not wish to communicate with you or to continue to communicate with you;
j. Lovehearts Ltd may be requested to assist in any prosecutions or other proceedings brought by members or third parties against other members and will do so if required by law or if we believe a member has breached our Terms and Conditions. You agree to us providing such assistance, including the release of any relevant information we may hold about you.
7.0 Conflicts with other Members and Resolutions of Disputes
7.1 Lovehearts Ltd is not a party to any dispute between you and another member, you agree:
a. In the event you have a conflict with another member to the extent permitted by law you hereby agree to release Lovehearts Ltd, its agents, and employees from any claims, demands and damages of every kind arising out of such conflict;
b. not to involve, or attempt to involve, Lovehearts Ltd in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided; and;
c. not to use the services of or web site to engage in or attempt to resolve the dispute.
8.0 Content Storage
8.1 We reserve the right to store any information you enter, even if deleted from tools provided on the web site. Lovehearts Ltd assume no responsibility for any loss or corruption of information/data held by Lovehearts Ltd such as profiles, details, photographs or any other information you post to enter on the website.
9.0 Fees and refunds
9.1 Lovehearts Ltd offers paid memberships. The fees specified on the web site are payable in advance and are non-refundable. Fees paid will not attract credit interest or other financial charges. In the event that you are removed from a website for breach of our Terms and Conditions or for any other reason, your remaining subscription will be lost and is not refundable.
9.2 Members accounts are not transferable.
9.3 Lovehearts.co.nz reserves the right to change the fees charged or introduce fees for any of the services at any given time without notification. If we change the fees or introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
9.4 The fees specified on the web site include all applicable taxes, including sales tax and consumption taxes such as goods and services tax (GST).
9.5 Lovehearts Ltd utilize a payment system which is deemed to be secure however we cannot be held accountable for any unforeseen errors that may arise that can be attributed to the fault of the member of the fault of banking institutions or banking systems.
10.0 Business Partners/Merchants.
10.1 Any contact, agreements or purchases you make with any of the businesses linked to our site remain your total responsibility.
10.2 Lovehearts Ltd cannot be held accountable for any concern that may arise in your dealings with businesses or services which are external to the services offered by Lovehearts Ltd.
10.3 Responsibility for the content of advertisements appearing on the web site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute Lovehearts Ltd recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
11.0 Unauthorised Commercial Usage.
11.1 You cannot use the website for any commercial advertising of any nature without written consent from Lovehearts Ltd. This includes any similar business involving dating, romance or relationships.
11.2 You will not use the web site for commercial purposes or for the promotion of any business.
11.3 Lovehearts Ltd services cannot be used for employment or research purposes
12.0 Disclaimer.
12.1 You expressly understand and agree that:
a. Becoming a registered member and/or using the options/services within Lovehearts Ltd you agree to do so at your own risk;
b. Lovehearts Ltd, to the maximum extent permitted by law, that i) the services provided will be uninterrupted, timely, secure, or error free, ii) the information provided on the web site is error-free or reliable, iii) the quality of any products or services obtained through the website will meet your requirements, or iv) members are who they say they are;
c. Subject to any downtime required for maintenance Lovehearts Ltd will exercise reasonable attempt to ensure the availability of the web site and services. However, Lovehearts Ltd no responsibility for any system unavailability or for any loss that is incurred as a result of web site or services being unavailable;
d. No advice or information that is obtained by you from Lovehearts Ltd or otherwise shall create any warranty not expressly stated in the Terms and Conditions.
13.0 Limitation of Liability.
13.1 You expressly understand and agree that:
a. Lovehearts Ltd shall not be liable under any circumstances for any direct, indirect, incidental, special, consequential or exemplary loss or damages, including but not limited to damages for loss of profit, goodwill, use, data, or other intangible losses that result from the service, or the inability to access the service;
b. Lovehearts Ltd are not responsible for ensuring members comply with these Terms and Conditions and Privacy Policy. You agree to indemnify Lovehearts Ltd if you or any member breaches these Terms and Conditions and Privacy Policy or any applicable laws;
c. Lovehearts Ltd do not accept any liability for the way in which members represent themselves or the accuracy of the information which they post or enter on the website or include in their profile;
d. Lovehearts Ltd shall not be liable for the conduct or statements of members or third parties in relation to the service.
14.0 Indemnity
14.1 You agree to indemnify fully Lovehearts Ltd from and against all claims, liability, loss; costs and expenses (including the full amount of legal costs) incurred or suffered by Lovehearts Ltd in respect of or in connection with:
a. information contained in your profile;
b. any material, including (without limitation) photos and messages, you post to or enter on the web site;
c. your communications with or behavior towards other members;
d. any death, personal injury or damage to property you may cause;
e. your breach of these Terms and Conditions or any applicable laws.
15.0 General Provisions.
15.1 Lovehearts Ltd Message Boards
Lovehearts Ltd provide message boards for use by members. The message boards may not be used to promote web sites or any commercial, business, illegal or unlawful activity. Lovehearts Ltd are not responsible for any of the opinions or other information expressed in the message boards. By posting a message to the message board you take full legal responsibility and liability for your comments, including for offensive or defamatory statements, and indemnify Lovehearts Ltd for any liability it may incur in relation to your comments.
16.0 Severability
If any provision in these Terms and Conditions is deemed to be invalid or unenforceable for any reason, the remaining provisions will continue in force without being impaired or invalidated in any way.
17.0 No Waiver
If we do not exercise or enforce any right available to us under these Terms and Conditions, it does not constitute a waiver of those rights.
18.0 Governing Law
These Terms and Conditions and your membership are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
19.0 Intellectual Property Rights
Lovehearts Ltd owns as a whole and in total all intellectual and copyright property rights to the website of www.Lovehearts.co.nz. All text information, pictorial content, logos, sound and any relevant software may not be used, adapted, reproduced, stored, distributed, published or copied without prior consent for Lovehearts Ltd in any way.
20.0 Website Protection.
Lovehearts Ltd observes a zero tolerance policy for any person(s) interfering with or altering the running of the website in any way. Responsible parties will be held liable for all costs and any action taken by the necessary authorities at the time.
21.0 Entire agreement
These Terms and Conditions and Privacy Policy supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written and constitute the entire agreement between the parties relating to the subject matter of these Terms and Conditions.
22.0 Privacy
22.1 Please refer to our Privacy Policy. Lovehearts Ltd collects personal information about you through your use of the services and the web site, including:
a. Your registration details;
b. Information relating to your use of the web site and the content you post and access.
22.2 You agree that Lovehearts Ltd may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity, for promoting and marketing and other Lovehearts Ltd products and services to you, and for any other use that you authorize.
22.3 Registered members agree to receive newsletters from Lovehearts Ltd. We send these newsletters as a means of informing and updating our members and users.
22.4 Visitors and users have the option of being on the database of Lovehearts Ltd but may opt out from receiving newsletters and other promotional material by a return email with “decline” or similar in the subject line.
22.5 We will not sell or allow third parties to access your personal information without your consent, however you agree that Lovehearts Ltd may disclose your personal information, including your name and contact details, to the relevant authorities if we consider that you are in breach of these Terms and Conditions at any time.
