Ever > Terms

Terms of Use

1. Terms of use

Welcome to Ever. These Terms of Use are between you and Love Group Global Ltd, a company incorporated in Australia under registration number 82009027178, whose registered office is at Level 8, 99 St Georges Terrace Perth WA 6000 Australia. The subsidiary is Love Group Pte Ltd, Level 14, 20 Cecil Street, Singapore 049705.

This page provides the terms of use ("Terms of Use" “Terms” or “T&C”) upon which you make use of our website www.ever.dating and/or our Ever app ("Ever"), hereinafter collectively referred to as the “Service” or the “Platform”. Please read these Terms of Use carefully before you start to use Ever. By using Ever, you accept these Terms of Use and you agree to abide by them. Access and use may include but not be limited to downloading and installing the Platform, registering a user account and/or uploading or downloading any content or information to/from the Platform.

If you do not agree to these Terms of Use set out herein, please refrain from using Ever. Your attention is drawn in particular to clauses 9, 12.3, 17 & 18.

2. Definitions

"Agreement" means these Terms of Use which regulate the relationship between Ever and the Member;

"Communications" means any communication including but not limited to communications by email by the Member to other members of Ever.

"Contribution" means the contributions of the Member to Ever including but not limited to the text and/or images contained within the Members Profile;

"Member" means any natural person whose membership has been accepted by Ever and remains valid;

"Members Profile" means that part of Ever containing information and/or pictures about a Member;

"EverMore”, “EverMost” or “EverLast” Membership means the subscription-only membership levels which provide the Member with full access to the Service;

"Service" and “Platform” means the associated mobile and online services provided by Ever to the Member including, but not limited to, allowing the Member to access and/or use Ever, and, if upgrading to EverMore, EverMost or EverLast Membership, to contact and/or be contacted by other Members and/or publish or transmit information on Ever;

3. Information about us

Ever is operated by Love Group Global Limited ("We"). We are registered in Australia under company number 82009027178 and have our registered office at Level 8, 99 St Georges Terrace, Perth WA 6000, Australia.

4. Accessing Ever

4.1 We reserve the right to withdraw or amend the service we provide on Ever without notice (see below). We will not be liable if for any reason Ever is unavailable at any time or for any period.

4.2 We may restrict access to some parts or all of Ever, from time to time to users who have registered with us.

4.3 If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

4.4 When using Ever, you must comply with the provisions of clause 8.

4.5 You are responsible for making all arrangements necessary for you to have access to Ever. You are also responsible for ensuring that all persons who access Ever through your internet connection are aware of these Terms of Use, and that they comply with them.

5. Membership

5.1 By becoming a Member the Member warrants and represents that:

5.1.1 the Member is at least 18 years of age;

5.1.2 the Member has not been convicted of any offence or been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and

5.1.3 the Member will be using the Service for his/her personal use only.

5.2 We shall have the right in our absolute discretion to refuse to register applications for membership and to terminate memberships at any time.

6. Payment

6.1 The membership fees only apply if you upgrade to our EverMore, EverMost or EverLast Membership levels.

6.2 The amount payable will depend on whether you opt for the 1 month, 3 month, 6 month, 12 month or lifetime subscription.

6.3 Payment shall be made to us by credit card, debit card or via Apple’s App Store or Google Play Store.

6.4 Payment will not be treated as having been made until Ever has received cleared funds in respect of the sum due.

6.5 Where specified on the payment page of Ever when you applied for EverMore, EverMost or EverLast Membership, your subscription will be auto-renewed without notice for the periods stated. If you have subscribed via credit/debit card, you can cancel auto-renewal by selecting the relevant option within the Ever app Settings. If you have chosen to make an in-app subscription via Apple’s App Store or Google Play Store, you can cancel via the respective Store.

6.6 Any payments charged back via your bank will not release you from any of the obligations of these Terms and Conditions. In the event of a chargeback of a legitimate payment you will be charged an additional administration fee of £75 (incl VAT) for each transaction.

6.7 We may at any time change our prices for EverMore, EverMost or EverLast Membership. The new rate takes effect if you apply for a new upgrade (whether or not it is your initial upgrade) after we have posted the details of our new price on Ever.

6.8 Auto-renewals of existing EverMore, EverMost or EverLast Memberships will remain at the old price.

6.9 The EverMore, EverMost or EverLast Member is informed that under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 he/she enjoys a period of seven working days from the time he/she accepts the Services to exercise his or her right of withdrawal, without penalty and without the need to provide any reason. However, the right of withdrawal may no longer be exercised once the Member has accessed and utilised the Services.

7. Members profile

7.1 Members must not include in their Member Profile any telephone numbers, street addresses, e-mail addresses or any other information that would enable other Members and/or any person to contact Members outside of Ever.

7.2 Members must not disclose their Membership status in any shape or form.

7.3 We or Ever may copy and/or reproduce any information published by Members on Ever in any form and in any manner.

7.4 The Member shall ensure that all information transmitted and/or published on Ever by him/her from time to time is accurate, true, complete and is not misleading and will be regularly reviewed to ensure that it remains so.

7.5 We reserve the right at our absolute discretion from time to time and without notice to amend and/or delete all or any part of a Member's Profile.

8. Acceptable use

8.1 You may use Ever only for lawful purposes. You may not use Ever:

8.1.1 in any way that breaches any applicable local, national or international law or regulation;

8.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

8.1.3 in any way that may facilitate prostitution or paedophilia; or

8.1.4 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.

8.2 You also agree:

8.2.1 not to reproduce, duplicate, copy or re-sell any part of Ever in contravention of the provisions of these Terms of Use;

8.2.2 not to access without authority, interfere with, damage or disrupt:

8.2.2.1 any part of Ever; or

8.2.2.2 any software used in the provision of the Services from Ever.

8.3 All Contributions and Communications with other members of Ever shall conform to the content standards set out in this clause 8.3. Contributions and Communications without limitation must not:

8.3.1. contain any material which is defamatory of any person;

8.3.2 contain any material which is obscene, offensive, hateful or inflammatory;

8.3.3 promote sexually explicit material; 8.3.4 promote violence;

8.3.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

8.3.6 infringe any copyright, database right or trademark of any other person;

8.3.7 be likely to deceive any person;

8.3.8 be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

8.3.9 be likely to harass, upset, embarrass, alarm or annoy any other person;

8.3.10 be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or

8.3.11 give the impression that they emanate from us, if this is not the case.

9. Reliance on information posted

Commentary and other materials posted on Ever are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Ever, Member or by anyone who may be informed of any of its contents.

10. Ever changes regularly

We aim to update Ever regularly, and may change the content at any time. If the need arises, we may suspend access to Ever, or close it indefinitely. Any of the material on Ever may be out of date at any given time, and we are under no obligation to update such material.

11. Information about you and visits to Ever

We process information about you in accordance with our Privacy Policy. By using Ever, you consent to such processing and you warrant that all data provided by you is accurate.

12. Uploading material to Ever

12.1 Whenever you make use of a feature that allows you to upload material to Ever, or to make contact with other users of Ever, you must comply with the content standards set out clause 8. You warrant that any such Contribution does comply with those standards, and you indemnify us for any breach of such warranty.

12.2 Any Contributions, Communications or material you upload to Ever will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Ever constitutes a violation of their intellectual property rights, or of their right to privacy.

12.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Ever.

12.4 We have the right to remove any material or posting you make on Ever if, in our opinion, such material does not comply with the content standards set out in clause 8.

13. Linking to Ever

13.1 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, but 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.

13.2 You must not establish a link from any website that is not owned by you.

13.3 Ever must not be framed on any other site, nor may you create a link to any part of Ever other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in clause 8 of these Terms of Use.

14. Links from Ever

Where Ever contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. Intellectual property rights

15.1 We are the owner of all intellectual property rights in Ever, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

15.2 You may print off one copy, and may download extracts, of any page(s) from Ever for your personal reference and you may draw the attention of others within your organisation to material posted on Ever.

15.3 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.

15.4 You must not use any part of the materials on Ever for commercial purposes without obtaining a licence to do so from us or our licensors.

15.5 You warrant that you are the author of all information and/or pictures uploaded or otherwise entered onto Ever and assign to Ever all copyright in such information and pictures.

16. Termination

16.1 Members may terminate their membership at any time for any reason by selecting the relevant option within the Ever app.

16.2 Ever may terminate or suspend a Member's membership and access to the Service with immediate effect and either with or without notice:

16.2.1 if the Member fails to make any payment due to Ever when due; and/or

16.2.2 if the Member is in breach of any of the terms of this agreement; and/or

16.2.3 if Ever is unable to determine the accuracy and/or validity of any information provided by the Member; and/or

16.2.4 for any other commercial or technical reason.

16.3 Any notice shall be sent to the Member's email address as provided in his/her application for membership.

16.4 Certain clauses of these Terms of Use will remain in force after termination of the membership including clauses 8.2 and 15 and 17.

16.5 Failure to comply with clause 8 constitutes a material breach of the Terms of Use upon which you are permitted to use Ever, and may result in our taking all or any of the following actions:

16.5.1 immediate, temporary or permanent withdrawal of your right to use Ever.

16.5.2 immediate, temporary or permanent removal of any posting or material uploaded by you to Ever.

17. Indemnity

17.1 You undertake fully and effectively to indemnify and keep indemnified at all times We, Ever and its officers, employees, agents or authorised representatives against all actions proceedings claims costs demands liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained incurred or paid by us or Ever directly or indirectly in respect of:-

17.2 access to and/or use of the Service by the Member;

17.3 any information data or material published or transmitted by the Member;

17.4 any breach by the Member of any of the provisions of these Terms of Use or of any code law or regulation relating thereto.

18. Our liability

18.1 The material displayed on Ever is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

18.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

18.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any Member in connection with the Services or access to Ever and any materials posted on it.

18.2 We expressly exclude liability for consequential loss, damage or corruption to other software or data or for loss of profit business revenue or goodwill incurred by you or a Member.

18.3 If any part of this clause 18 is held to be invalid, We shall only be liable to the Member for an amount not exceeding the sum paid by the Member for the provision of the Services.

18.4 Notices of any claims against We or Ever shall be made by the Member within 10 days of the alleged incident giving rise to the claim together with sufficient evidence to show to Ever's reasonable satisfaction that it is liable.

18.5 No part of this clause 18 shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

19. Verification Service

19.1 The Ever Verification Service uses a third party application, powered by Yoti.

19.2 We assume no liability to you related to this service, even if we are negligent. In particular, we are not liable for any consequential damages or incidental damages, even if advised of their possibility, or punitive damages.

19.3 You agree to pay for our defence of any third party's claim related to your breach of any of these terms or related to your negligence or wrongful act or omission related to the Verification service. You agree to pay any settlement or judgment entered for any such claim.

20. Variations

We may revise these Terms of Use at any time. You are expected to check the Terms of Use from time to time to take notice of any changes we have made, as they are binding on you. Any variations to these Terms of Use must be in writing and signed on behalf of the parties.

21. Jurisdiction and applicable law

The Australian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to Ever although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Use are governed by Australian law.

Thank you for visiting Ever.

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