The following General Terms and Conditions (“GTC”) shall govern the contractual relationship between Boranu Online B.V. (“Boranu”, “operator”, “we” and “us”) and the users of our tele-media services (“users”). The aforementioned defines the conditions for the use of the services provided by Boranu.
General Terms and Conditions
1. Contract Objective; Scope of Services
- Boranu will grant the users access to the mobile applications and a centralised database. The database contains the profiles and information of other users. The users have an option to search for other user profiles after creating a profile of their own. The users can view the other profiles and contact the respective owners of the aforementioned.
- The services offered by Boranu are available for personal use exclusively and may not be used for commercial or business purposes. With this registration, the user agrees to use this portal explicitly for personal purposes.
- Boranu provides free services, as well as services subject to charge. This free registration allows the user to create a profile, view the profiles of other users, as well as read
messages sent by other users. In addition to the free services offered, users registering for additional payable services will be able to contact other users and send messages.
Additionally, a user can highlight the profiles of other users. If a highlighted user in turn highlights the profile of the first user, the mutual highlight will be shown to both users
The services subject to charges may be obtained for diverse time periods. The user will be advised of the charges, contents and scope, as well as the price and payment conditions prior to services being provided and activated. The user shall agree to the cost by rendering payment based on the instructions provided by Boranu. The services will be activated upon receipt of payment.
- Boranu reserves the right to amend the service description if the amendment is based on statutory or official rules, or if adaption to technical advancement should become necessary,
provided the changes do not deviate significantly from the original services offered and the user does not suffer any disadvantages.
Boranu will notify the user of such changes two weeks prior to implementation. The user is entitled to object within this timeframe. If the user does not object within this timeframe, the amended service descriptions shall become valid effective the day the notification period expires.
- Boranu may commission external service providers. This particularly includes payment providers, content providers, newsletter mailing services and collection agencies. External service providers, commissioned by Boranu to provide services are not considered third parties with regard to these General Conditions.
2. Contract Execution
- Individuals under the age of 18, as well as such acting on behalf of a third party are excluded from utilising the services provided by Boranu. If Boranu justifiably suspects that an individual is not authorised to use the services, Boranu is entitled to verify the individual’s identity by requesting official documents. Unauthorised users will be excluded from using the database.
- Database access and access to services offered by Boranu will be activated after the registration process is concluded. The user must select and create a password and pseudonym during the registration process. Registering for services requires a valid e-mail address and completing the registration page. Alternatively, the user is offered a connect function via third party providers (like Facebook Connect). In case of a registration via a third party provider’s connect function, the user’s corresponding user profiles will be imported into myDates‘ database. By registering via a third party provider’s connect function, the user confirms the third party provider‘s respective conditions and agrees to his data being imported into myDates’ database.
- By completing the registration process, the user agrees to these General Business Conditions. This constitutes a free contractual relationship between the user and Boranu.
3. Fee-Based Services, Coins
- Boranu offers various services subject to charges in addition to the free services. If the user opts to utilise these services he must enter a separate contractual agreement. The present General Business Conditions shall apply for the aforementioned contractual agreement as well. The user will be advised of the contents, duration, price, terms and payment methods/conditions for the payable contractual agreement. The contract shall be deemed valid if the user selects the payable services on the corresponding portal and accepts the terms by clicking on the “order” button (“order process”).
- The user may select a certain amount in form of credits on his account during the ordering process. This credit is managed as so called coins. By spending 50 coins, the user will be able to send messages to others. The coins are utilsed while the service is provided. If the account does no longer have coins available, the user can no longer access the payable services. However, the user may replenish the coins in his account while placing an order.
4. Payment Conditions
- Payments for fee-based services must be rendered in advance to Boranu and will be debited applying the payment method selected during the order process.
- Boranu is entitled to commission an external service provider for processing the payments.
5. Cancellation, Contract Termination, Contract Term
- A user is at any time entitled to have their profile deleted without giving a reason by writing an e-mail to firstname.lastname@example.org. This will also terminate the contract for the paid services. In this case, a refund of the cost of unused coins is not possible.
- If the user acts in breach of these GTCs, Boranu reserves the right of an extraordinary cancellation of the membership without observing any notice period.
- Additionally, Boranu reserves the right to reject the user’s registration without giving reasons.
- Upon termination of the contract the operator’s obligations to store the user’s date will cease to apply, unless legal retention periods require the data to be stored.
6. User’s Responsibilities
- The user is solely responsible for his registered contents, personal information and information he has provided about his person. The user confirms that the data provided is accurate and is a personal description of him. Intentionally inaccurate information provided or information provided with the intent to defraud may result in criminal charges and shall entitle Boranu to block the user profile without an entitlement to reimbursement.
- The user shall confirm to refrain from using the services provided by Boranu for commercial or business purposes, especially for advertising purposes. The user is prohibited from exporting other users ‘contents and profiles manually, or by using computer programs in an effort to use this data outside of the service.
- The user agrees to keep his access data confidential. If the user discloses this data to third parties, he shall be held fully liable for all activities and consequences resulting thereof. If the user suspects that data was forwarded to third parties, he must notify Boranu immediately and take appropriate measures to prevent additional misappropriation (e.g. by changing his password).
- Moreover, the user agrees to refrain from misappropriating the services provided by Boranu including,
- to refrain from using the aforementioned to distribute defaming, racist, discriminative, offensive or other illegal material or such information;
- to threaten, or harass other users and third parties or violate their rights (including intellectual rights);
- importing data to the system or to the database containing viruses, software and other materials subject to copyrights or protected by other rights, unless the user is the rightful owner of these rights or has obtained the rightful owner’s consent to use the materials;
- attempting to intercept or intercepting e-mails or other messages;
- sending e-mails and other messages for other purposes than personal communication to other users, including advertising or offering goods, services or similar commercial or business purposes;
- sending chain letters;
- the user shall also refrain from stating or inserting names, addresses, telephone or fax numbers, messenger addresses, e-mails, brand names, company names, names of other internet portals or URLs in the personal description or uploaded files.
- Non-compliance with the contractual obligations outlined above or violating other conditions governed in theses GTC shall entitle Boranu to terminate the contract immediately for an important reason, as well as block the user’s access to the.
- If the user should intend to use the contractual agreement entered between him and the provider for commercial or business purposes, or forward the data made accessible to him to third parties for commercial or business purposes, or for purposes not explicitly authorised by Boranu, he shall agree to pay a contractual penalty in the amount of €1,000.00 for each verifiable incident. Additional damage claims shall remain unaffected hereof.
- The user is obliged to follow the Guidelines for Photos/Pictures.
- An myDates chat will be available to the user, which is to serve the purpose of contacting other users by exchanging written information as well as presents and pecks. It is the users’ responsibility to organize their communication with each other and to pay attention to an appropriate way of expressing themselves. The user is to refrain from any sexually infamous approaches and innuendos during the whole communication, as well as any communication offending against laws and statutory provisions like protection of minors, protection from insults, protection of personality rights or other laws and statutory provisions.
- A chat can be initiated by Users that own a pre-defined number of coins or that have purchased a subscription package can contact other users liable to pay costs.
- The user is aware of the fact that Boranu is making use of professional operators to animate other members and communicate with them. They will not be identified separately. This service is carried out in the highest quality and there will be no option of meeting these animators in real life.
8. Newsletter and E-Mail Advertising
- During the registration process, the user agrees to receive information about myDates, its products and offers regarding the tele-media services by consenting to receive newsletters and general advertisements. Boranu will send out this information.
- Consent to receive the newsletter is strictly voluntary and may be revoked at any time. Consent may be revoked by sending a cancellation message to the contact address, by clicking on the cancellation link in the messages sent, or in the profile settings.
- Boranu will not assume liability and guarantee the accuracy and security of data or contents published or transferred by other users. Boranu shall also not be held liable for accuracy and security of user profile. While prohibited, other users may enter false or illegal contents and data, or misappropriated Boranu services for unauthorised or illegal purposes.
- Boranu is providing an IT-service by providing database access, but is not responsible of the success. Since Boranu cannot influence data transfers from the internet outside of its own IT infrastructure, as well as the peculiarities and insecurities of the internet, Boranu cannot assume liability for external losses of data and/or errors in data transfer processes. Boranu is not liable for service interruption beyond the control of its impact areas (e.g. higher powers, technical difficulties of the internet).
- Except for violations of essential contractual obligations, hazards to life, or injury to body and health, or claims in accordance with the product liability act Boranu is only liable for intent and gross negligence. Essential contractual obligations are such as necessary to fulfill the contractual goal.
- Boranus liability for minor violations of responsibilities required to fulfill the contractual goals (major obligations) is limited to the amount of damages typical and foreseeable.
- The previously explained liability limitations shall also apply for the personal liability of staff, representatives and organs of Boranu.
- Boranu is not obligated above and beyond the aforementioned circumstances.
- The user shall grant Boranu a non-exclusive, transferrable, spatially unlimited one- time servitude rights to the contents, including the images, texts and videos the user created or uploaded for the duration of the contractual agreement.
- The user must confirm that the contents he uploaded or created and the use thereof does not violate third party rights, in particular copyrights or other applicable protective rights.
Within the framework of statutory regulations, the user shall indemnify Boranu from all additional obligations, claims and expenditure resulting from actions he may be responsible for, such as damages due to insult, slander, damages to non-material goods, intellectual and other user rights, as well as service interruptions affecting other users.
12. Amending the General Business Conditions
- Boranu reserves the right to amend GTC at any time, provided the essential conditions of the contractual agreements remain unaffected hereof and the amendment is necessary for adapting to developments not foreseeable to Boranu at contract execution and if the lack of consideration would significantly affect the balance of the contractual agreement. Essential conditions are particularly such that regard the type and volume of the agreed upon services, as well as the contractual term and termination governance. Boranu is entitled to amend the GTC in order to eliminate contractual gaps resulting from statutory changes and changes in jurisprudence.
- Boranu will advise the user of the General Business Conditions to be amended via e-mail. The user may object to the amendments within two weeks. Should the user not voice his objection within the aforementioned timeframe, the General Business Conditions shall apply effective the date of notice expiration.
13. Data Privacy
Boranu uses private data of the user as described in the data privacy statement.
14. Final Provisions
- Any claim relating to, and the use of, this service and the materials contained herein is governed by the laws of the Netherlands to the exclusion of the UN Sales Convention.
- Should any of the provisions of the contract or of the GTCs be invalid or become invalid in the future, or should the contract be incomplete, the validity of the remaining provisions of the contract and of the GTCs shall not be affected. The ineffective clause is to be replaced by a clause which economically corresponds as far as possible with the meaning and purpose of the ineffective provision in a legally valid way. The same shall apply in the event of omissions in the contract.
15. Right of Withdrawal
- The user has the right to withdraw from the contract without giving any reason within a period of 14 days after the conclusion of the contract. In order to withdraw from the contract, the user has to inform us (Boranu Online B.V., Frans Erenstraat 14A, 5921VG Venlo, Netherlands, email@example.com) by explicitly declaring his decision to withdraw from the contract (by letter or email, for instance). In order to comply with the withdrawal period it is sufficient to send the message expressing the decision to withdraw from the contract within the withdrawal period.
- Consequences of Withdrawal
If the user withdraws from the contract, the operator is committed to refund any payment received from the user with no undue delay and no later than 14 days after having received the notification of the user’s withdrawal. This includes delivery costs (with the exception of extra costs resulting from special modes of delivery chosen by the user, differing from our cheaper standard delivery). For the refund, the operator will use the same payment method which has been used for the original transaction by the user, unless the operator and the user have explicitly agreed upon a different payment method. By no means will the user be charged anything for the refund. If the user has requested the service to start within the period of withdrawal, the user is committed to pay an adequate amount to the operator, in proportion to the extent of the service already provided at the time the user informed the operator about the exercise of the right of withdrawal, in comparison with the full coverage of the contract.
- If the user has given his explicit consent, the cancellation right shall expire prematurely if the services requested by the user have been provided in full prior to exercising his cancellation right.
- The cancellation right shall expire for a contract regarding the shipment of digital contents not located on actual data carrier, even Boranu has initiated the contract implementation after the user explicitly agreed to the start of the services prior to the expiration of the cancellation period with his awareness.