TERMS AND CONDITIONS OF BUSINESS OF Adam Meet Eve Singlehood coaching/Matchmaking/Personal introduction Agency.
1 DEFINITIONS
The following expressions shall have the following meanings:
1.1 ““Agent” means Adam and Eve Matchmaking/personal Introduction Agency
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“Client” means any person who purchases Services from the Agent;
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“Registration Form” means the application form, booking form or other written request for agency Services completed by the Client via the Website;
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'BDCP" Clients mean any person who has purchased a Blue Diamond Coaching Program.
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1.4 “Services” means the agency services as described in the Registration Form and on the Website;
1.5 “Website” means all pages composing the Agent’s website at www.adammeetevehere.com;
1.6 “Privacy Policy” means the policy adopted by the Agent governing the storage and use of the Client’s personal data;
1.7 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Agent;
1.8 “Agreement” means the contract between the Agent and the Client for the provision of the Services incorporating these Terms and Conditions.
2 GENERAL
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Agent to the Client and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Agent.
2.3 The Client shall be deemed to be accepting the Terms and Conditions through their continued use of the Website and shall be required to confirm the acceptance of these Terms and Conditions prior to the submission of the Registration Form.
2.4 The Agreement shall be created on completion of the registration process.
2.5 The Agent has the right to refuse a Client’s application for the provision of the Services.
2.6 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.7 The Client must accept these Terms and Conditions in their entirety.
3 ELIGIBILITY
3.1 Clients must be aged 18 or over to register for Services.
3.2 Clients must be resident in the UK for matching services but coaching is available globally.
3.3 Clients must be single, widowed or divorced to register for Services.
4 SERVICES
4.1 The Services are as described on the Website and subject to these Terms and Conditions.
4.2 The Agent may vary the Services, without notification to the Client, to take account of changes in legislation or industry practise or to enhance or protect the nature and quality of the Services.
4.3 The Agent Services shall commence on the date specified on the membership confirmation email after payment has been received and continue until terminated by either party according to the terms of this Agreement.
4.5 The agency Services will provide singlehood coaching to fee paying clients. It will also take the form of an introduction service between Blue Diamond Coaching Program (BDCP) registered clients, allowing the Client to contact other registered clients. The Agent may also headhunt/recruit matches external to the agency. This service is for the registered Blue Diamond Coaching Program clients and alumni (those who have completed their Blue Diamon Program and wish to maintain affiliation with the agency). The Agent does not guarantee matches to BDCP clients/alumni; or the success of any introduction or the suitability of any contacts made by the Client through the use of the Services.
4.6 When headhunting/recruiting matches for BDCP clients. The only information given to potential matches is the client's age, occupation (no information about the company is provided) hobbies, status, number of children (if applicable) and height. The BDCP client's name and number withheld. Photos are shown via a Video call consultation only. If explicit permission has been gained by the VIP client, a picture or social media information can be sent to the potential matches phone.
4.7 The vetting process of external matches differs from that of registered clients for membership. BDCP clients will be reminded of this before a personal introduction is made. They can choose to proceed or not to receive this potential match.
4.8 The new Blue Diamond Coaching Program was activated on the 27th of August 2020, replacing all previous VIP programs and agreements. All existing VIP members whose membership was active during the March 2020 COVID 19 lockdown are now automatically BDCP clients. They were advised that due to the social distancing measures in place, we extended their membership to the agency for the rest of 2020. Due to lockdown, recruitment of male members and matches was adversely affected by the COVID pandemic. The target of one match per month was necessarily always feasible. The new BDCP clients are guaranteed monthly coaching sessions for the rest of 2020 from a singlehood consultant, and matches will be continued to be made where available. the way we recruited the male matches evolved. Please note that we make use of online dating sites, the recommendation from friends and social media campaigns. We pre-interview the male matches before we recommend them to the BDCP. We advise BDCP clients not to exchange unnecessary personal details until they are sure of the person’s identity/character. They may discover information about the match that we were not aware of. We apologise if this happens and they should notify us immediately. They are advised to block the matches numbers and refrain from further communication. We are focusing on the coaching aspect during this time of stringent social distancing and encourage use of virtual dating (video calling.)
5 PRICE AND PAYMENT
5.1 The price for the Services is as specified on the Website and is inclusive of any other charges as outlined in that document.
5.2 The terms for payment are as specified on the Website.
5.3 If the Client chooses to accept a subscription option that includes a recurrent payment feature the Client acknowledges responsibility for all recurring charges by entering in to this Agreement. In such cases, the Agent may submit periodic charges without further authorisation from the Client until the Client provides written notice of termination of such authorisation which is then confirmed by the Agent and the Client shall remain liable for any charges up to the time the Agent could reasonably be expected to terminate the authorisation.
5.4 Any monies paid to the Agent in terms of this Agreement are non-refundable unless there has been a breach in terms of this Agreement or the Agent chooses to exercise discretion in awarding any refund. Please see 5.13 for an example of an exceptional circumstance. The Client’s statutory rights are not affected.
5.5 The Agent may vary the price for Services at any time but is obliged to give the Client reasonable notice of any such variation.
5.6 The Agent may delete the profile of any Client, or any part thereof, where the Client fails to make over any sums due to the Agent.
5.7 No refund shall be given in the event that the Client is unable to access the Website due to technical problems beyond the control of the Agent.
5.8 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Agent will be entitled immediately to cease or suspend the provision of the relevant Services until payment has been received.
5.9 Where applicable, the Client must settle all invoiced payments for Services within 14 days from the invoice date.
5.10 Where applicable, the Client will pay interest on all late payments at a rate of 5% per annum above the base lending rate of Natwest Bank.
5.11 Where applicable, the Agent is also entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment due to the Agent is late.
5.12 All payments must be made without deduction or set-off.
5.13 At the discretion of the Agent, a 50% refund may be offered to members who have not had a mutual interest match during their 6 month period under the previous VIP scheme prior to August 27th 2020. Clients who jointed after this date will not be eligible for this refund. Please note that the mutual match may not progress to a date or meet up. A refund is not considered in this instance.
6 NON COMMERCIAL USE BY MEMBERS
The Website is for the personal use of individual clients only and may not be used by organisations, companies, businesses or other entities for the purpose of commercial endeavours.
7 CLIENT OBLIGATIONS
7.1 The Client is responsible for the accuracy of all information supplied by them to the Agent and the Agent accepts no responsibility whatsoever for any inaccuracies howsoever arising. Although efforts have been made to verify profile claims.
7.2 The Client shall not know of any medical, criminal, legal, ethical or physical reason why they are unable to form a conventional relationship unless such impediment has been declared to the Agent in advance.
7.3 The Client shall be over Twenty One years in age and confirms that the contents of all personal information supplied to the Agent is true and accurate in all respects and that the Client has never been convicted of a serious criminal offence.
7.4 The Client agrees that they shall not use the Services to:
7.4.1 make any statement to a potential match which is obscene, racist, inappropriate, offensive or otherwise illegal;
7.4.2 make any reference or allusion to any sexually explicit acts, parts of the body with sexual overtones or to look for possible partners under the age of 18;
7.4.3 use profanities;
7.4.4 use the service to libel, slander or defame another person.
7.5 The Client acknowledges that photographs (without personal or contact details) may be viewed/accessed by individuals during the matching process and consents to the obligations as set out in the Privacy Policy.
7.6 The Client shall keep their agent up to date on their personal information and shall ensure that any photographs submitted bear a good likeness.
7.7 The Client shall provide and maintain the necessary hardware and software required to access and use the website.
7.8 In the event that the Client arranges to meet any member of the Agency, the behaviour of such third parties is outside the control of the Agent and Clients should take all reasonable measures to ensure their personal safety.
7.9 The client must supply at least one personal reference ideally an established church leader or an individual who has known the client for at least 2 years.
8 AGENT OBLIGATIONS
8.1 The Agent shall supply the services as specified in the Registration Form and on the Website.
8.2 The Agent shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.
8.3 The Agent shall use all reasonable means to ensure that introductions to the Client fall within the category of persons specified by them on the Registration Form but will not accept responsibility if any such person introduced to the Client does not fall within such category nor will it accept any responsibility for any occurrence as a consequence of any meeting with or relationship formed with any such person as a result of such introduction.
8.4 The Agent shall maintain all personal information supplied in the strictest confidence and in compliance with the General Protection Data Regulations which came into affect in May 2018.
8.5 If the Agent becomes aware of any activity that is in breach of any of these Terms and Conditions or any applicable law or regulation, or in the event that the rights of the Agent or a third party are infringed the Agent may, at their discretion:
8.5.1 issue a warning to the offending party;
8.5.3 issue a ban to the offending party and remove their profile from the database ending the agreement with immediate effect.
8.5.4 report the offending party to the relevant authorities or take legal action against the offending party.
9 DATA PROTECTION AND PERSONAL INFORMATION
9.1 All parties to the Agreement are bound to comply with the provisions of General Protection Data Regulations.
9.2 The Client is responsible for the accuracy and reliability of any content supplied by them and must have authority to disclose such content to the Agent in order that they may use it to fulfil the Services. The client must have explicit consent from their personal reference before details are supplied to the Agent.
9.3 The policy regarding personal data belonging to the Client and held by the Agent shall be displayed on the Privacy Policy section of the Website.
9.4 Adam Meet Eve Agency shall comply with the General Protection Data Regulation and any other applicable data protection legislation concerning the processing of the Client’s personal data.
9.5 Adam Meet Eve Agency is registered with the ICO. Dr. Sara Jayne Mcleod is the named Data Protection Officer. Clients can request a copy of their stored personal data if they email: Admin@adammeetevehere.com.
10 TERMINATION
10.1 In terms of The Consumer Protection (Distance Selling) Regulation Act (2000), the Client is entitled to a seven-day cooling off period during which time the Client has the right to cancel this Agreement without penalty. However, the cooling off period and the right to cancel does not apply if the Client begins to use the Services before the end of the cooling off period. An administration fee of £30.00 (Thirty pounds sterling) is payable if the right to cancel in terms of this condition is exercised.
10.2 The Agreement shall continue until the Services have been provided or any subsequent date as mutually agreed in writing/email by both parties or until terminated by either party in accordance with these Terms and Conditions.
10.3 The Agent may terminate the Agreement on giving the Client 14 days’ notice.
10.4 The Agent may terminate this Agreement without notice if the Agent has reasonable grounds to suspect the Client has provided information that is untrue, inaccurate, out of date or incomplete, or, if the Client has failed to make any payment to the Agent due in terms of this Agreement, or, if the Agent suspects that the Client has failed to comply with the guidelines for etiquette and protocol.
10.5 The Client may terminate the Agreement on giving the Agent 30 days’ notice, with the proposed termination date to be on or after the end of the Client’s 6 month membership.
10.6 The Client may terminate the Agreement if the Agent fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 2 weeks after notification of non-compliance is given.
10.7 Either party may terminate the Agreement by notice in writing/email to the other if:
10.7.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
10.7.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
10.7.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
10.7.4 the other party ceases to carry on its business or substantially the whole of its business; or
10.7.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
10.8 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
11 INTELLECTUAL PROPERTY
All brand names, product names, titles, trademarks, trade-names, designs, and copyrights used on the Website are owned or licensed to the Agent. No permission is given by the Agent or any third party to the Client or any other person or entity to use this intellectual property.
12 WARRANTY
Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
13 LIMITATION OF LIABILITY
13.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Agent for death or personal injury as a result of any negligence, breach of contract or otherwise by the Agent or its officers, employees or agents.
13.2 None of the exclusions or limitations as set out in these Terms and Conditions shall affect any rights the Client may have as a consumer or by statute.
13.3 With the exception of the conditions stated in clauses 13.1 and 13.2 the Agent shall, in the event of any breach of these Terms and Conditions, be limited to damages which shall in no circumstances exceed the price of the Services and the Agent shall not be liable for any indirect, incidental or consequential loss or damage whatsoever.
14 INDEMNITY
The Client shall indemnify the Agent against all claims, costs and expenses which the Agent may incur and which arise directly or indirectly from the Clients breach of any of its obligations under these Terms and Conditions.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, global infectious pandemics (ie COVID 19), fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
16 ASSIGNMENT
The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Agent.
17 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
18 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
19 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
20 NOTICES
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Registration Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
21 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
22 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
23 DISCLAIMER
Adam Meet Eve Agency is an elite, personalised and private matchmaking service. Members are selected following a either a virtual or face-to-face consultation and a review of personal information submitted.
Adam Meet Eve Agency does not guarantee selection to any applicant and reserves the right to refuse anyone these services. Adam Meet Eve Agency offers a variety of services but not all of these services will be suitable, and therefore made accessible, to individuals.
Payment of any processing fees does not guarantee that Adam Meet Eve Agency will undertake to assist you in your search for a suitable partner. Applicants will be accepted only if Adam Meet Eve is satisfied that there is a reasonable probability that its service can be effective. However, there is no express or implied warranty that a spouse can or will be found. Results will vary. Virtual or A face-to-face interview and review of personal information does not qualify as a background check. Adam Meet Eve Agency does not offer this level of stringency.
Members understand that a matched prospective date may not be located in close proximity to that member. Therefore, members understand that he/she may be required to travel some distance to meet the prospective date. Should the member refuse to travel to meet the recommended date, the member hereby agrees that Adam Meet Eve Agency cannot be held responsible for that member’s failure to find a suitable date/partner. Adam Meet Eve Agency can only guide and advise you in the most effective way for you to find your life partner.
Memberships start on the date that the Client has been formally accepted into the Agency. This is always confirmed by email. Following the provision of contact information by Adam Meet Eve Agency to its members, members are solely responsible for contacting those matches, arranging dates and all related matters such as transportation. Adam Meet Eve Agency is not responsible for arranging dates for members or for ensuring that members attend a planned date. Therefore, Adam Meet Eve Agency does not guarantee results.
Members are responsible for following all rules and guidelines, including compliance with the Adam Meet Eve Agency ‘Rules of Conduct – Etiquette And Protocol’, the above ‘Terms and Conditions’, requests and matching follow-ups made by Adam Meet Eve Agency to the member. Should the member choose to not follow the rules and guidelines of Adam Meet Eve Agency, the member hereby agrees that Adam Meet Eve Agency cannot be held responsible for that member’s failure to find a suitable date/partner. Without limiting the foregoing, Adam Meet Eve Agency does not guarantee that members will attend a date or that members will find a partner.
Memberships are non-transferable between individuals. Memberships expire at the end of 3 months, irrespective of whether the member has used their membership and/or related services, or not. Adam Meet Eve Agency will not grant an extension of memberships and/or related services under any circumstances. Adam Meet Eve Agency has a no refund policy, which is applicable to membership fees, mixers or any service or products Adam Meet Eve Agency provides, unless otherwise specified in these Terms and Conditions. Any deposits paid are non-refundable. Adam Meet Eve Agency has the right to refuse service to anyone. Adam Meet Eve Agency does not pay for photos submitted.
Adam Meet Eve Agency is not responsible for photos which are stolen or copied/downloaded unlawfully/unethically. Submitting a photo and application does not guarantee membership acceptance, nor does it guarantee a match with a suitable partner. Professional photos taken very recently are encouraged and group pictures are not accepted. A referral to a photographer or any service, company, individual or website by Adam Meet Eve Agency for any service/product, does not guarantee acceptance for/receipt of that service/product. In order to be considered for any type of membership you must have completed the online application process and also have provided photos of a high definition standard.
Adam Meet Eve Agency representative may only contact you once we have identified a suitable match for you and completing the application process does not guarantee any potential member a date with a member of Adam Meet Eve Agency. By signing up or contacting Adam Meet Eve Agency, you automatically grant us permission to subscribe you to our free newsletter/notification emails. To unsubscribe, please follow the instructions at the bottom of any communication you receive.
We guarantee that Adam Meet Eve Agency will protect your anonymity (if so requested) until you choose to reveal your identity. We will ask permission to show your picture and bio to a potential match before doing so.
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You will be matched with members who are perceived to be a good match for you, based on the information you have provided and our perception of your likely suitability, but we cannot guarantee ‘chemistry’.
We will only ever introduce you to matches/members who have declared that they are genuinely free and looking for a new relationship.