1 These terms
1.1 What these terms cover. These terms govern the sale of our membership package as highlighted on your Membership Form and the provision of our personal introductions matchmaking service (Services).
1.2 Why you should read them. Please read these terms carefully. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2 Information about us and how to contact us
2.1 Who we are. We are Mogul Matchmakers and our address is Covent Garden, London WC2E 9LY.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0207 867 3952 or 01892 249047 or by writing to us at the above address or emailing email@example.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you have provided to us. It is your responsibility to ensure that the details you provide to us are accurate and up to date at all times.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3 Our contract with you
3.1 Our acceptance of your Membership Form will take place when we receive your membership fee, which we will also confirm in writing to you, at which point a contract will come into existence between you and us.
3.2 Our website and any promotional literature we may have from time to time are solely for the promotion of our Services in the UK. Unfortunately, we do not accept members based outside the UK.
4 Your rights to make changes
4.1 If you wish to make a change to your Membership Form and/or Services including upgrading your membership, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Services, timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5 Our rights to make changes
5.1 Minor changes to the Services. We may change the Services:
5.1.1 to reflect changes in relevant laws and regulatory requirements; or
5.1.2 to implement minor adjustments and improvements. These changes will not affect your use of the Services.
5.2 More significant changes to the services and these terms. We may make changes to these terms or the Services, but if we do so we will notify you and you may then contact us to end the contract and receive a refund on a pro-rata basis for the Services you have not received (as set out in clause 8.2).
6.1 Members are required to be single, unattached, no longer living at the same address as a former partner and must provide true and accurate information relating to their personal circumstances.
6.2 All members are interviewed and ID verified. We accept particulars given to us in good faith and we advise you to verify the particulars of others for yourself. We cannot accept any liability for the validity of information provided.
6.3 We require all members to be respectful and courteous to others and act in accordance with the principles set out by us in any code of conduct we may provide you with from time to time. We cannot accept responsibility for the outcome, success or suitability of any recommendations. We do not guarantee that the Services will provide you with a successful match.
6.4 As a courtesy to all members, we do not offer further recommendations when members are already in profile exchange with another member. It is your responsibility to let us know when you would like another recommendation and to let us know if you would like your membership and Services frozen at any time pursuant to clause 7.6. The Services may include sourcing beyond our current membership through the resources of our headhunting facility, with some members retained through these means.
7 Providing the Services
7.1 When we will provide the Services. We will supply the Services to you from the date we receive your payment and Membership Form (and if these are received on different dates the date that we receive the latter). However, we are unable to provide you with any matches or recommendations until you approve your profile. We will supply the Services until either you end the contract for the Services as described in clause 8 or we end the contract by written notice to you as described in clause 9. Where possible we will send you profiles of other members, according to your partner preferences, on a one at a time basis. We reserve the right and absolute discretion to recommend others to you who we consider might be acceptable to you, notwithstanding that the prospective partner concerned may only match your partner preferences to a degree as this approach has proved successful for many of our clients.
7.2 We are not responsible for delays outside our control. If our performance of the Services is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for the Services you have paid for but not received.
7.3 What will happen if you do not provide required information to us. As we informed you in the description of the Services on our website and/or in any promotional literature or communication, we will need certain information from you, for example, forms of identification and proof of address. We may contact you including in writing or by phone to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 9.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the Services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.4 Reasons we may temporarily suspend the Services. We may have to temporarily suspend the Services to:
7.4.1 deal with problems or make minor changes;
7.4.2 update the Services to reflect changes in relevant laws and regulatory requirements;
7.4.3 make changes to the Services as requested by you or notified by us to you (see clause 5).
7.5 Your rights if we temporarily suspend the Services. We will contact you in advance to tell you we will be suspending the Services, unless the problem is urgent or an emergency. If we have to suspend the Services for longer than 60 days, we will adjust the price so that you do not pay for Services while they are suspended. You may contact us to end the contract if we suspend the Services, or tell you we are going to suspend them, in each case for a period of more than 60 days and we will refund any sums you have paid in advance for services not provided to you.
7.6 Your rights to temporarily freeze your membership and Services. You may freeze your membership and Services for a minimum of one month and for a period no longer than six months. Additionally, should you suffer the onset of a serious illness or injury, your membership can be frozen for up to one year. You will receive no refund in fees for freezing your membership.
It remains your responsibility to inform us if you would like to reactivate your Services. If you have not responded to our communications or we are investigating some aspect of your membership, Services may also need to be frozen until we are able to make a decision as to whether your membership should be terminated in accordance with clause 9 or reactivated.
8 Your rights to end the contract
8.1 You can always end the contract immediately in the first 14 days. You may contact us within the first 14 days from the date of payment to end the contract for the Services, but in some circumstances we may charge you certain sums for doing so where we have incurred any costs for work that has been scheduled prior to your cancellation, such as:
8.1.1 a home/office based profiling consultation, £200 plus consultant’s travel costs if applicable, or £150 for a Skype or telephone based profiling consultation; your profile drafted £100; data entry, initial searches and administration following your profile approval, £100; headhunting service initiated, £250.
8.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at below, the contract will end immediately and we will refund you in full on a pro-rata basis for any Services which have not been provided or have not been properly provided. The relevant reasons are:
8.2.1 we have told you about an upcoming change to the Services or these terms which you do not agree to;
8.2.2 we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
8.2.3 there is a risk the Services may be significantly delayed because of events outside our control;
8.2.4 we suspend the Services or notify you are going to suspend them, in each case for a period of more than 60 days; or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 What happens if you end the contract without a good reason. If you are not ending the contract in the first 14 days as set out in clause 8.1 or for one of the reasons set out in clause 8.2, you must give us 30 days' notice in writing to end the contract. You may receive a partial refund of your membership fee depending on the date you end your contract. Partial refunds will be processed on a pro-rata basis taking into account the time left on your membership. We may deduct reasonable compensation for the net costs we will incur as a result of your ending the contract.
9 Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example, identity and verification documents;
9.1.3 you have breached the confidentiality terms set out in clause 15;
9.1.4 in our reasonable opinion, you have acted inappropriately or shown an unacceptable level of discourtesy or harassment to any other member or to a member of our staff or representative;
9.1.5 you have failed to maintain contact with us or not responded to our attempts in contacting you for a period of time in excess of 6 months;
9.1.6 you have provided false information to us;
9.1.7 we have received a serious complaint about you which, in our reasonable opinion, is justified;
9.1.8 your personal details or preferences have changed significantly. This would include a change in your sexual orientation, the acquisition of a criminal record or other significant changes such as relocation which will adversely impact on our ability to offer the Services to you.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for Services we have not provided (on a pro-rata basis) but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may stop providing the services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 30 days in advance of our stopping the Services and will refund any sums you have paid in advance for Services which will not be provided.
10 If there is a problem with the Services
10.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can contact us by telephoning our consumer service team at 0207 867 3952 or 01892 249047 or by writing to us at firstname.lastname@example.org or 22 Long Acre, Covent Garden, London WC2E 9LY.
10.2 Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says:
ï you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
ï if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
ï if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
11 Price and payment
11.1 Where to find the price for the Services. The price of the Services (which includes VAT) will be the price set out in your Membership Form.
11.2 When you must pay and how you must pay. You must make an advance payment of the membership fee for your chosen package before we start providing the Services. We accept payment by bank transfer and our details are set out in the Membership Form.
12 Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; including the right to receive the Services as described and supplied with reasonable skill and care.
13 How we may use your personal information
13.1 How we will use your personal information. We will use the personal information you provide to us to:
13.1.1 provide the Services; and
13.1.2 process your payment for the Services.
13.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
14.1 Confidential Information means any information of whatever kind (whether communicated orally, in writing or in any other form including any anecdotes, experiences or photographs) relating to yourself, clients, members or non-members that has been received by way of the Services. You must not discuss or reveal any Confidential Information to other members or non-members at any time during or after your membership.
14.2 You agree not to disclose any of your experiences or the identity or personal information of other members to anyone including social media outlets without the explicit permission of us and of the member(s) concerned.
14.3 We will hold your details in the strictest confidence and shall only use your details in connection with providing the Services. We may share your details for the purpose of providing the Services, including without limitation, sharing with other members, consultants and head hunters (as applicable).
14.4 We abide by all applicable data protection legislation (including without limitation the Data Protection Act 1998 as amended from time to time and any subsequent legislation that may come into force) and will not, without your agreement, supply any of your personal data to any person or company outside of Mogul Matchmakers of personal introductions agencies for marketing or any other purpose. For the avoidance of doubt, we may give your personal data to any relevant authorities without your consent where the law requires us to do so.
14.5 We impose written obligations of confidence on all members and we will exercise our rights to terminate the membership of any member who breaches the obligations of confidentiality. We are not bound to take legal action to enforce these obligations (although we may choose to do so).
14.6 Pursuant to the Contracts (Rights of Third Parties) Act 1999 this agreement expressly confers on any member the right to take legal action against you if you breach your obligations and disclose Confidential Information to any other party.
15 Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
15.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
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