1. PURPOSE and DEFINITIONS
1.1 The present general terms of the
contract (hereinafter, "GENERAL TERMS") contain the terms and
conditions governing the provision of the FlirtIncontri Service (hereinafter
also the "Service") available on the site www.flirtincontri.com (hereinafter the
"Site"). The GENERAL TERMS are agreed upon by You,
as User of the services (hereinafter, "You"or"User")
and the Company Iumob S.r.l., via Comelico 3, 20135 Milano,
VAT number IT07048770965 (hereinafter, "FlirtIncontri" or the
"Company", and jointly with the User, the "Parties").
The present GENERAL TERMS govern and regulate the Service provided
by the Company to the User by means of
the Site, cancel any previous provision between the Parties not
expressly cited or attached, and constitute the set of rights and obligations
between the Company and the User. The Site aims
to facilitate communication between Users in order to facilitate the emergence
of new friendships.
1.2 In addition to the terms and words
defined elsewhere herein, the following are defined:
- "Subscription" means the period of time
subscribed to paid Services.
- "Rate plans" means the types of Subscription
available on the Site, using the ways described in article 3.2
below.
- "Cases of Force Majeure" mean, by way of
example and not exhaustively, pursuant to and for the purposes of the
GENERAL TERMS: lockouts, strikes, absolute lack of means of transport,
war, revolt or other military actions, floods, fires, lightning,
explosions, accidents, power outages, interruptions, malfunctions or
overloads of telephone or Internet lines, delays or defaults by FlirtIncontri's
third party suppliers or any other event that is beyond the reasonable
control of FlirtIncontri, and which prevents the full and correct
fulfilment of FlirtIncontri's obligations set forth herein;
- “Chat” messaging service of the Site that allows
interactions between Users.
- "Content" means any
information, data, video, image, photo, text, description, indication,
personal detail, interest, hobby, presentation provided by the User and
uploaded to the Site.
- "Effective Date" means the date on which these
GENERAL TERMS are accepted by the User.
- Duration of Contract" means the duration of
these GENERAL TERMS, as specified in article 8 below.
- "Meetings" means the Site page
where Users appear, and their affinities can be selected.
- "Party" means FlirtIncontri or the User.
- "Profile" means the User 's
personal and private web page on the Site, linked to the
account created at the time of registering.
- "Recap" means the
column present on some pages of the Site where the User 's
activities and popularity on the Site are recorded and summarised.
- "Search" means the Site function
that allows the User to search for other Users.
- "Advanced Search" means a Site function
that allows Users to search for other Users after having Subscribed to the
service.
- "Services" means the services available to the User on
the Site, as specified in article 3 herein.
- “Subscription Services” means the services available to
the User who has purchased a Subscription present on
the Site, as specified in article 3 of the present GENERAL TERMS.
- “On-Demand Services” means non-Subscription services
that the User may purchase in the form of “Credits” packages to use
specific Site functionalities. These services will be purchasable by both
Free Users and Users who have already activated a Subscription plan.
- "Subscription Section" means the web page on
the Site where it will be possible to view the different
Rate Plans on offer and proceed with the Subscription purchase.
- “On-Demand Section” means the web page on the Site where
it will be possible to view the different purchasable offers of packages
of credits and the related functionalities.
- "Status - Profile Info" means phrases
published by the User that can be viewed by other Users.
- "Territory" means
the geographic area chosen by the User as a reference
when searching for other Users.
2. COMPLETING THE CONTRACT
We inform you that by pressing the
"Sign up" button when registering with the Site or,
in any case, by using the Service, you declare
that you have read and expressly accept these GENERAL TERMS. Registering with FlirtIncontri
and using the Service (except for dedicated services available
only on a pay-per-use basis, which require subscription, or On-Demand payment)
are completely free (except for costs for computers, applications and
telecommunications equipment and Internet connection costs, which are met by
the User based on rates established by your provider). If you
do not agree with even one of the terms and conditions herein, we kindly invite
you not to use the Service and to leave the Site. You acknowledge
and agree that the Services you use on the Site are designed
to put Users in contact, and that FlirtIncontri simply provides a
contact-enabling platform. The Company therefore is not and
shall not be party to or responsible for individual contacts between Users, or
for related contents.
3. FLIRTINCONTRI'S SERVICES
3.1 In completing the Profile when
registering, the User enters the territory, gender
(Male/Female/other) of Users he/she is looking for, the nickname by which he
will be known on the Site and age. This profile is then
validated by reception of an e-mail and relative confirmation. After the
account is validated, the User must upload a photo in order to
have a Public Profile on the Site (for uploading tips see the
FAQ, available here). In the Profile the User can enter
the Contents that concern him/her, making changes at any time, with a dedicated
page for photos (both public and private). The Site allows the User to carry
out a number of activities through his/her Profile (such as, but not limited
to, sending messages to other Users, searching for Users located in the same
city, searching for similar profiles) some of which are available only to Users
who purchase a Subscription. The list of activities that can be performed and
are available to the User can be seen in the summary section of the own Profile.
The User recognises and accepts that only through his/her
Profile will he/she will be able to use the Services of the Site,
for example searching for other Users through the Search function, viewing
messages in the chats, and that his/her Profile can be viewed by other Users.
To use the Services, the User must have applications and made the necessary
settings for the correct functioning of the Service, for example
and not exhaustively:
The Company does not guarantee
that the Services can be used if the User uses a popup
window-blocking utility. Such a function must be disabled before using
the Service. Furthermore, the User must have the
competence, equipment and applications required to use the Internet or,
possibly, Internet and telephone services, and recognise that Internet features
and constraints allow him to guarantee the protection, availability and
integrity of data transmissions via the Internet. In view of these conditions,
the Company does not guarantee that the services will work
without interruptions or malfunctions. In particular, their use may be
temporarily interrupted for maintenance, updating, technical improvements,
modification of contents or of site presentation. Whenever possible, the Company will
inform the Members in advance of maintenance or updating operations. Likewise,
the Company cannot be held responsible for any malfunctions,
lack of access or poor usage conditions of the Site that may
be attributable to an unsuitable device, malfunctions inside the User's
Internet provider, Internet traffic and any other reason beyond the Company's control.
At the time of registering, a questionnaire will be given to outline the
desired profile of the person being sought. These data, in addition to other
personal data, will be recorded in the Company’s database, and can
be compared with the data of all other Company users in order
to provide information on the compatibility of two members, based on the Company's
proprietary algorithm. Based on the comparison of the User's profile with the
data of all other members contained in the database, the User will receive a
list of users with whom he/she might be compatible. All of the supplied
information will in any case be processed in accordance with the Privacy Policy
provided.
3.2 Purchase of Subscription
These terms apply only to purchases made
via credit or debit card.
3.2.1 The Site includes
some services that can only be accessed upon payment of the Rate Plans and
acquisition of the Subscription. The User acknowledges and
agrees that he will have the chance to use the Subscription Services of
the Site only upon purchase of the Subscription. The User acknowledges
and agrees that the Services will be activated following payment of the
Subscription. The costs of the various subscription types are shown on the
purchase pages and will be viewed by the User before each
payment. The User expressly acknowledges and accepts that
the Company may change the costs of the types of subscriptions
at any time, also with reference to Users already registered
and / or subscriptions in progress.
The User expressly acknowledges and
accepts that, at the time of each payment made through the Site,
together with the amount indicated on the purchase pages, sales tax (or other
similar taxes that may be applicable to a specific payment, except where these
are not provided for) will also be charged, calculated on the basis of the
information provided by the User directly and/or indirectly (by way of
example but not limited to, through the IP address or information relating to
the means of payment used). The amount of taxes paid will in any case be
clearly indicated in the summary of the purchase.
The User authorises the Company to charge
the total of the above-mentioned amounts. Costs may vary based on current
promotions and special offers. The proposed subscription plans all include
automatic renewals upon expiry of the relative Contract.
In order to correctly identify the taxes to
be charged, Users further expressly acknowledge and accept that (i) Users
that are ordinarily resident outside the European Union may only purchase paid
services in the country in which they ordinarily reside, while (ii) Users
that are ordinarily resident in the European Union may only purchase paid
services within the European Union. If paid services are subject to sales taxes
under these GENERAL TERMS in the country to be considered for taxation purposes
and the User has failed to pay them by not providing correct information
on the country from which the purchase takes place, the User shall be
liable for their payment and for any penalties, outstanding payments or
interest due to the competent tax authorities.
The types of Subscription available with
automatic renewal are indicated, and are as follows:
- Promo (e.g. trial period from 1 to 7 days), then type C
subscription
- 1 month or equivalent credit packet with an automatic renew
every 30 days
- 3 months or equivalent credit packet with an automatic renew
every 90 days
- 6 months or equivalent credit packet with an automatic renew
every 180 days
In the Subscription Section the User compiles
the data necessary for the payment, enters his/her details, contacts and
billing references. The User acknowledges and accepts that the
payments and all management of the data needed for such payments are entirely
managed by international payment service providers (so-called Payment
Processors) in possession of the relevant authorisations and licences needed to
provide this service.
The subscribed User has
access to a dashboard in the Profile, in which there is a summary of the status
of the Subscription, through which he/she can manage payment methods.
3.2.2 The contract entered into by
the Company and the User shall be deemed to
be concluded with the Company's acceptance, full or partial, of the
order. By placing an order in the various ways provided, the User declares
he/she has read all the information provided herein and/or during the purchase procedure
and fully accepts the general and payment terms and conditions given below. If
the User is a consumer (i.e. a natural person who registers for purposes
that do not relate to his or her professional activity meaning that he/she does
not make the purchase by indicating on the order form a VAT number as defined
in Article 3, paragraph 1, letter a) of the Italian Consumer Code - hereinafter
the "Consumer"), once the online purchase procedure has been
completed, the Company shall send him or her by e-mail, inter alia, the
link to these Conditions, which the User shall print or save and in any case
preserve, in accordance with the provisions of the current Italian Consumer
Code. All rights of the User shall be excluded for damages or
indemnification, as well as any contractual or extra liability for direct or
indirect damage to persons and/or property caused by the Company's
full or partial non-acceptance of an order.
3.2.3 Purchase methods. The User
can purchase the Subscription Services through the Site. The correct
receipt of the order is confirmed by the Company through a receipt that
will be available in the payment area of the user profile. This confirmation
message will contain, in addition to the link to these Terms of Sale, the Date
and Time of execution of the order and a 'Customer Order Number', to be used in
any further communication with the Company. The message repeats all the
data entered by the User who undertakes to verify its correctness and
communicate any corrections to make promptly, according to the methods
described herein. In the event of non-acceptance of the order, the Company
will communicate the decision to the User in a timely manner.
3.2.4 Right of withdrawal. By
registering for Subscription Services, the User expressly
declares and agrees to waive the right of withdrawal in accordance with Art. 59
of the Italian Consumer Code which states: "The right of withdrawal
provided for in Articles 52 to 58 for distance and off-premises contracts is
excluded in respect of [...] o) the supply of digital content by means of a
non-material medium if the performance has begun with the consumer's prior express
consent and his acknowledgement that, if so, he would have lost his right of
withdrawal".
3.2.5 Conditions for purchases.
Website purchases can be made via following payment methods: Credit Card or
Debit Card. After purchasing, the User authorises us to use the chosen payment
method. In the event of registration to the Service via Credit Card payment or
Debit Card upon the conclusion of the online transaction, the reference bank
will authorise only the amount relating to the purchase made. The relative
amount will actually be charged to the credit or debit card(s) entered by the User
when registering or at a later time, these can be managed/viewed completely
independently by the User in the appropriate section of the Site. The
card update procedure may require card verification with a possible charge of
€1. The method of payment can be made via a single payment for the entire
amount or for a portion thereof through multiple payments until the total
amount of the purchased subscription is paid off (the amount of these
fractional charges are €2.49, €4.99, and up to a maximum of €9.99). In the
event of cancellation of the order, if the Company does not
accept the order, the Company will promptly request the
cancellation of the transaction and release of the committed amount. For some
card types, release times depend exclusively on the banking system and can
arrive at their natural expiration (24th day after the authorisation date).
Once the transaction has been cancelled, the User acknowledges
and expressly agrees that in no case can the Company be held
liable for any damages, direct or indirect, caused by a delay by the banking
system in the failure to release the amount committed. The Company reserves
the right to request additional information from the User (e.g.
landline phone number) or to send copies of documents proving ownership of the
Card or other payment methods used: In particular, the User hereby acknowledges
and accepts that the Company may be required, on the basis of the agreements
with the banks providing the payment systems, as well as by virtue of the
regulations in force, to verify that the User is the actual owner of the
means of payment that he/she declares he/she intends to use for the purposes of
payment of the Fees. In the absence of the required documentation, the Company reserves
the right to refuse the order. At no time during the purchase process is
the Company able to know the information relating to the
buyer's credit card, transmitted via secure connection directly to the Site of
the bank managing the transaction. These data will not be kept in any of
the Company’s archives. Under no circumstances can the Company be
held liable for any fraudulent or improper use of credit cards by third parties
at the time of payment. For further information on the processing of the
purchaser's credit card or other payment methods information, please read the
policy provided by the bank.
3.3 Automatic renewal of the
Subscriptionn. The User who has made the payment via credit or debit
card acknowledges and expressly accepts that upon expiry of the scheduled
period, the Subscription will be automatically renewed under the same purchase
terms, barring ongoing promotions. The User can prevent the
automatic renewal directly from his/her Profile section by sending a notice of
termination, to be communicated via the contact form within the following times:
- At least before the expiry of type A subscription.
- At least 15 days before the expiry of type B subscription.
- At least 30 days before the expiry of type C subscription.
- At least 60 days before the expiry of type D subscription.
Automatic renewal does not apply to
purchases made through PayPal, Apple Pay and Google Pay.
The User acknowledges and
accepts that it is necessary to indicate the username or e-mail address used
during registration, otherwise the cancellation request is void, as it does not
allow the User to be identified. The User therefore
expressly accepts and authorises the FlirtIncontri manager to automatically
renew the subscription - and continue with payments according to the method
chosen by the User when purchasing the subscription plan,
without the User having to re-enter the details of their payment method - in
the absence of cancellation as per the terms and conditions herein. In the
event that the full amount is not available on the chosen payment method,
payment of the Subscription will be subject, where necessary, to an instalment
payment based on the amount of liquidity on the payment method in the payment
method.
3.4 On Demand Purchases
The User may make On Demand
purchases in order to benefit from packages of credits to be used for specific
functionalities within the service, depending on the service functionalities
chosen, there will be spending the corresponding number of credits. The User can
check the number of credits remaining at any time by accessing the settings
page.
3.4.1 On Demand Purchases with
Credit Card or debit card. The User may make On Demand Purchases whether
they have already purchased a subscription or are using the service without a
subscription.
On Demand Purchases for Users with an
active Subscription. The User can add to the
services included in the chosen subscription plan with credit package
purchases. The credit packages usable in the Site chat is an example of this
category. The User who has fully used the credits included in the chosen
subscription plan will be able to purchase others in On Demand mode. When
signing up for the subscription plan, the User also authorises any
charges for On Demand purchases to go on to the credit card or other payment
method entered during registration or at a later stage. Credits purchased On
Demand and not used during the period of validity of the subscription will be
lost, and are not cumulable, transferable and refundable.
On Demand Purchases for Users without an
active Subscription. Even without an active
subscription, the User may purchase packages of credits to use specific
functionalities of the Site. Making the first On Demand purchase, the User
authorises any subsequent charges for other On Demand purchases to be made to
the same credit card. Credits purchased in On Demand mode will remain valid as
long as the User has an active profile, are not cumulable, transferable
and refundable.
3.4.2 With PayPal, Apple Pay and Google
Pay payment method it is only possible to purchase credit and/or message
packages. The costs of the various packages types are shown on the purchase
pages and will be shown to the User before each payment. The User
expressly acknowledges and accepts that the Company may change the costs
of the types of packages at any time, including for already registered Users.
The User authorises the Company to charge
the total of the above-mentioned amounts. Costs may vary based on current
promotions and special offers. The proposed credits or messages packages do not
include automatic renewals and do not expire.
In case of purchases using PayPal account
as a method of payment, the transaction will be handled by PayPal and the
User’s account will be charged with the amount related to the purchase made on
the website. The User will be able to manage the account and the associated
payment methods directly from his/her PayPal account.
In case of purchases using Apple Pay, the
amount related to the purchase made on the site will be charged to the credit
or debit card that the customer has saved in their Apple Pay Wallet. The user
can manage the cards linked to Apple Pay directly through the Wallet app on
their device.
In case of purchases using Google Pay, the
amount related to the purchase made on the site will be charged to the credit
or debit card that the customer has saved in their Google Pay Wallet. The user
can manage the cards linked to Google Wallet directly through their Google
Wallet profile.
The User who has purchased a package
of credits or messages has access to a dashboard in the Profile, in which there
is a summary of the purchase.
3.5 The User acknowledges
and agrees that FlirtIncontri reserves the right to propose different rates or
free access to certain User categories, or in the event of particular
commercial promotions that may be take place, even by means of dedicated codes
and/or specific targeted marketing initiatives. This category of special offers
includes the Plus promotional packages. With this type of package, the User is
periodically entitled to have double amount of credits on a regular basis
compared to the packages priced at 2,99€ and 4,99€. The price and payment
methods for the various Services are constantly available on the FlirtIncontri Site and
can be viewed prior to use of the Services to which the User wishes
to subscribe, and prior to the use of the related Rate Plans.
3.6 The User acknowledges
that for each purchase made on the Site, referred to in paragraphs 3.2
and 3.4 of this information, regardless of the payment method used, an order
receipt will be generated at the same time as the payment. The receipt will
indicate the order number, details of the payment method used, the cost and the
summary of the product purchased. This receipt will be uploaded to the user
profile in the "Payments" section and can be consulted at any time.
3.7 The User on the Site shares
Contents and recognises and accepts that other Users can view and interact with
those Contents. With our Services you can send messages and share information
in various ways, such as through the User Profile, links,
Status and messages. The information and content that the User shares
or publishes can be seen by other users registered with the Site.
3.8 The User can search
for other Users through the Search and Advanced Search functions. Advanced
Searches are reserved for users who have signed up for a Subscription and
requires the selection of more than one parameter when searching for other
Users.
3.9 The User acknowledges
and expressly agrees to use the Site, any mobile applications and
emails to receive important communications from FlirtIncontri. These GENERAL
TERMS also apply to mobile applications. Furthermore, the User agrees
that some additional information - such as Contents - may be shared with FlirtIncontri.
The User acknowledges and expressly agrees that if the contact
information provided to FlirtIncontri is not up to date, he/she may lose the
aforementioned communications. The User agrees that FlirtIncontri
may send notices in the following ways: (i) a banner notice appearing in the
Services, or (ii) an email sent to an address provided by the User, or (iii) by
other means, including the mobile phone number, landline phone or traditional
mail. The User agrees to keep his/her contact information up
to date.
3.10 The User acknowledges
and agrees that if he/she infringes the law, third party
rights or these GENERAL TERMS, FlirtIncontri may at its complete discretion
suspend or interrupt provision of the Services to the User, close
the User's account, prevent access to the Site or
take any other action needed to protect FlirtIncontri's existing or potential
rights and interests. Furthermore, FlirtIncontri reserves the right to cancel
or suspend the User 's account if it is not used for more than
six months. FlirtIncontri is not obliged to publish any information or content
on the Services and is entitled to remove such information at its sole
discretion, with or without notice.
3.11 the Company reserves
the right to delete the information and content that the User has
published in breach of these terms and conditions. The Company reserves
the right to suspend or interrupt the Services or change and modify them at its
discretion. FlirtIncontri is not a data storage service. The Company reserves
the right to delete Users' messages when 6 months have elapsed since their
submission. The User accepts that the Company has
no obligation to keep, maintain or provide a copy of any content or information
that the User or other persons has provided in breach of these
terms and conditions, except to the extent required by applicable law and as
indicated in the Privacy Policy.
3.12 The Service aims to
ensure the present GENERAL TERMS are complied with, and to exclude from
the Service anyone who, by undersigning them, use it in a
different way. If you believe that a profile is fake, or if you receive
incorrect messages from another User, such as spam, advertising,
vulgar or threatening messages, inappropriate content, an invitation to use pay
phone numbers and similar, please report the problem by clicking on the link
"Block User" present on the profile of the User you
wish to report. If FlirtIncontri Users do not comply with these GENERAL TERMS,
or if anomalies are reported regarding use of the Service, in
particular regarding Contents, FlirtIncontri staff perform a check, which might
lead to the User being included in the 'Banned' category. If
a User is included among banned Users, the message "you
have been banned for violating FlirtIncontri 's terms and conditions" will
be displayed when you attempt to log in, and will therefore not be able to
access the Site. The User may also contact staff via the contact form to ask for
explanations and report the error. If Staff detect an error, the status of the User will
be immediately restored, otherwise the User will be permanently deleted from
entry in the relative category. The User expressly acknowledges and accepts
that the Company may use, in the event of direct and/or indirect reports, or
the receiving of Content by the Company, a combination of automated reporting
systems and the intervention of moderators to check and verify the presence of
Content that violates these GENERAL TERMS into accounts and messages. Although
the Company reserves the right to review and remove any Content that violates
the GENERAL TERMS, such Content are under the sole responsibility of the User
who posts it. The Company cannot guarantee that all Content present on the
Website from time to time complies with the GENERAL TERMS. In any case, if the
User notices any Content on the Site that violates the GENERAL TERMS, he or she
is requested to report it through the channels indicated in this article 3.12.
4. THE USER'S DECLARATIONS AND
GUARANTEES
The User hereby declares
and guarantees he/she:
- has read and understood the GENERAL TERMS.
- is of age, has the ability to act and to sign legally binding contracts.
- has chosen a secure and complex password when signing up; and
for the entire duration of the relationship arising by undersigning these
GENERAL TERMS: (i) will keep the password secure and secret; (ii) will not
transfer any part of the account (for example, links, Contents); (iii)
will not allow third parties to use the account, and (iv) will comply with
any applicable law regarding the management of computer-based accounts;
- is responsible for anything that happens through the account
unless he/she closes it or reports any abuse.
- will only upload information on his/her Profile and Contents
that he/she is entitled to share, and the Profile will be truthful.
- will not upload any personal information (e-mail address,
postal address, telephone number, etc.) to the Site that
may allow other Users to contact him/her by means other than the Services.
- will refrain from reproducing, duplicating, copying, selling,
reselling and in any case exploiting the Site or any part
thereof for commercial purposes, as well as reproducing or using in any
way FlirtIncontri trademarks and logos.
- declares and expressly guarantees that he/she has obtained all
the consents and disclaimers, where necessary, from any possible holder of
rights for any reason on the Contents uploaded to the Site,
including, merely by way of example, in the case of images, to be the
holder of the right to exploit the image right and/or having been
authorised to do so.
- grants to FlirtIncontri, on a non-exclusive basis, free of
charge, without temporal and territorial limitations, any and all rights
of publication, execution and representation in public, communication to
the public, making available to the public, distributing, translating, processing,
in any form and by any means, of the Contents that will be available to
the public on the Site (including the Profile Picture)
- hereby authorises the Company, the third parties
authorised by it, to use single parts or fragments of the Contents and to
modify said Contents, wholly or in part, if this is deemed appropriate by FlirtIncontri
or by third parties for the best exploitation of said Contents pursuant to
these GENERAL TERMS.
- will not publish or use false data, or data aimed at incitement
to hatred, of a homophobic nature, violent towards any minority or in any
way slanderous or defamatory or data that contain advertisements of any
kind or links to other websites.
- will refrain from any form of use, direct and/or indirect, of
the Service and of the Site contrary to
law provisions or at odds with the provisions herein or on the Site.
- will not disclose or disseminate any information or Contents
that have the effect of diminishing, disrupting or preventing the normal
use of the Services, interrupting and/or slowing down the normal
circulation of communications among Users through the Services, such as
use of applications, viruses, trojan horses, sending mass messages (spam),
etc. FlirtIncontri reserves the right to delete messages sent in bulk by
a User in order to guarantee a normal quality of service
use for other Users.
- will refrain from uploading to the Site any
content that is obscene, offensive, violent, defamatory, detrimental to
personal dignity, blasphemous and which, in particular, contains: racist
statements or praising the inferiority or superiority of a race, people or
culture compared with others or minorities, apologies for crimes against
humanity; incitement to hatred or violence; sexually explicit,
pornographic or child pornography contents; threats or harassment;
information or messages that provide instructions on illegal activities,
induce illegal activities or that may cause injury to third parties;
incitement to dangerous behaviour and risk emulation by minors or to the
use of drugs or animal abuse; messages, including hidden messages, of a
promotional and/or advertising nature; images not suitable for children
(minors);
will not use software or other automatic or manual mechanisms
to copy or access the pages of the Site or their content.
5. LIABILITY
5.1 The User acknowledges
and expressly accepts that:
- the Site puts Users in contact and enables
them to meet, and the Company does not act directly in
any way with reference to the Services available on the Site,
acting merely as a platform for the use of the Services by the Users.
- Users expressly acknowledge and agree that the Company may
employ individuals and profile assistants without the possibility of
meetings to follow and entertain Users in order to ensure an optimal user
experience as well as continued availability of the Service
- the Company does not carry out (nor is it authorised to
carry out) any type of check or verification, not even on a sample basis,
of the criminal records of its Users, nor checks on what they have
declared in their Profiles, except with reference to information
relating to the means of payment to be used for the purposes of any
Subscriptions or On-Demand Purchases or in the event of specific report
from other Users;
- Users are the only parties with
reference to the Services, and the Company is totally
unrelated to the individual relationships between Users, and is not liable
for any unwanted encounters, for this reason we recommend reading
the FAQ section and our relative advice.
The Company therefore does
not make any representations or warranties to the User about,
merely by way of example:
- the quality, lawfulness, security, compliance and features of
the Services on the Site,
- the existence, and the possibility of having real meetings with
other users.
the truthfulness, correctness and completeness of what is
published and declared by other Users, also regarding the information
required to be made known to consumers pursuant to the applicable law.
the conduct of other Users (current or future) or their
compatibility with the User.
5.2 Without prejudice to cases of wilful
misconduct or gross negligence, to the maximum extent permitted by law, the User acknowledges
and accepts that the Company will in no way be liable to the User for
any damages, losses, costs, charges and expenses, direct or indirect, including
any legal costs, suffered and/or incurred by the User relating
to what has been suffered by other Users and/or, in any case, relating to
the Service pursuant to the GENERAL TERMS. Therefore, no
compensation for damage may be requested by the User from
the Company for any damage suffered in relation to the Service and
will not be in any way liable to the User for any delays or
breaches of its obligations in relation to the Services in the event that such
delays or failures derive from Force Majeure causes.
5.3 The Company is not
necessarily affiliated with any website to which links exist on the Site
and is not responsible in any way for the content of said websites. These links
are created solely for the convenience of Users, and access to these sites is
at the risk and peril of the Users themselves. A link from the Site to
any other website does not imply that the Company endorses,
supports or recommends that website in any way, or has any control over any
aspect of that website's content.
5.4 The relations or communications made by
the User through the Site with any third
party other than the Company are deemed to be exclusively
between the User and the third party. Some sections of
the Site may provide links to websites that make it possible
to effect transactions or purchase goods or services. These operations may be
conducted by third-party partners or by vendors. Under no circumstances shall
the Company be liable for any goods, services, resources or
content made available through such relationships or communications with such
third parties, or for any related damage. The User is wholly
liable for carefully monitoring the practices and policies adopted by said
third parties before entering into any transaction. Any complaints or questions
raised by the User regarding materials or information provided
by third parties must be sent directly to such third parties.
5.5 The Company does not
have the means to check and cannot guarantee the personal identity and
existence of the Users. The Company therefore cannot be held
liable in the event of identity fraud involving a User. If
the User has reason to believe that third parties are using
his/her login credentials or account, he/she is obliged to immediately inform
the Company. If a User wishes to present a
friend, and provides the Company with the relevant data,
he/she undertakes to obtain the express consent of the friend to the processing
of personal data by the Company, which will be used exclusively to
send him/her, in the name and on behalf of the User providing
the data to the Company, an electronic message to inform him/her of
the Services offered. The User is also solely liable towards
the Company for this friend and third parties, and for the
consequences of the transmission of his/her data to the Company.
6. PRIVACY
The Company respects and
protects the privacy of its Users.
The Company processes the User’s
personal data exclusively in the manner and for the purposes indicated in the
Privacy Policy.
In particular, the Company will not process
the User’s data for marketing purposes and/or sending commercial communications
and/or direct sales without having obtained your prior express consent.
The User accepts that the Company reserves
the right to access, store, use and process all information it provides in
accordance with the terms of the Privacy Policy.
We also remind you that, by accessing your
personal area on the Site, you may correct or update your personal
data at any time
7. TRANSFER
The User may not transfer
some or all of the present GENERAL TERMS to third parties. The Company may
at any time transfer these GENERAL TERMS to third parties in its entirety.
8. DURATION AND SURVIVAL OF CLAUSES
8.1 These GENERAL TERMS come into force
from the Effective Date, will remain in force for a period of 1 (one) year from
that date and will be automatically renewed for subsequent periods of one year
each, unless one Party communicates to the other Party by registered letter
with advice of receipt the User's intention not to renew the GENERAL TERMS at
least 30 (thirty) days prior to the deadline for each renewal.
8.2 The following articles of the GENERAL
TERMS shall remain valid and effective even after the conclusion of these
GENERAL TERMS: art. 4 (User Declarations and Guarantees);
art. 5 (Liability); art. 11 (Applicable Law and Jurisdiction);
art. 13 (General Clauses).
9. WITHDRAWAL
Without prejudice to Article 3.2.4, each
Party may withdraw from these GENERAL TERMS at any time, by simple written
communication to the other Party, giving at least 5 (five) days' notice. It is
understood that, also in the event of withdrawal, the Company reserves
the right to cancel or suspend the User's Profile. Upon withdrawal from
these GENERAL TERMS by the User, the Company reserves
the right to withhold the sums already paid for unused Rate Plans, without
prejudice to the provisions of article 3.3 above.
In the event of withdrawal by the User,
no refund can be requested for amounts already paid.
10. TERMINATION
Without prejudice to the other provisions
provided elsewhere in these GENERAL TERMS, if the User breaches
Articles 3.2, 4 or 7 of these GENERAL TERMS, the Company reserves
the right to suspend the User's Profile and, if necessary, to terminate
the GENERAL TERMS as of right, upon simple notification (by e-mail) that the
Company wishes to apply this clause. This termination will be with full title,
without prejudice to the Company's right to take action against the User or
his/her assignors to obtain compensation for any damage suffered as a result of
improper use of the Service. The data regarding the User will
be destroyed immediately upon his/her express request or in any case by the
Company within the period provided for by the applicable legislation and
necessary for the protection of the interests of the Company and/or the
other Users.
11. APPLICABLE LAW AND JURISDICTION
11.1 These GENERAL TERMS are entirely
governed by Italian law.
11.2 Without prejudice to norms protecting
consumers in the matter of competent court, any dispute arising between the
Parties in relation to the validity, interpretation, execution and termination
of these GENERAL TERMS and/or in any case in connection with these GENERAL
TERMS will be the exclusive competence of the Court of Milan, with the
exclusion of any other competing or alternative court.
12. AMENDMENTS
The Company reserves the
right to update or change these GENERAL TERMS at any time, in the event that
such updates or amendments are necessary to adapt the Service to
legal provisions or supervised regulations, to implement security measures that
become necessary to optimise the provision of the Service or
improve the features of the Service. The Company shall
inform Users about changes that have been made directly on the Site.
Changes to the GENERAL TERMS will be automatically valid and effective,
starting from the tenth day from the date of publication on the Site and
will be deemed to be accepted by the User. The User acknowledges
and agrees that he/she will be responsible for periodically checking the page
of the Site showing the GENERAL TERMS in order to check for
any updates. In the event of changes to these GENERAL TERMS, the User will
in any case be entitled to withdraw, a right that can be exercised at any time
by simple written communication to the Company or by directly
closing his/her account on the Site via his own personal area.
13. GENERAL CLAUSES
13.1 Any tolerance on the part of the Company towards
the User 's behaviour that breaches any provision of the
GENERAL TERMS does not constitute a waiver of the rights deriving from the
violated provision, nor of the right to demand the correct fulfilment of all
the provisions contained herein.
13.2 Any failure or delay in exercising a
right pertaining to FlirtIncontri pursuant to the GENERAL TERMS shall not be
considered as a waiver of its rights.
13.3 The GENERAL TERMS contain the overall
agreement reached by the Parties with respect to their subject matter, and they
prevail over all previous communications, declarations and agreements, both
oral and written, reached by the Parties.
13.4 If any term or other provision of
these GENERAL TERMS is declared invalid, voidable or unenforceable, all other
conditions and provisions herein will remain, in any case, fully valid and
effective. If any term or provision is erased due to it being invalid, contrary
to mandatory rules or unenforceable, the Parties undertake to negotiate in good
faith and modify these GENERAL TERMS in such a way as to best achieve the
original intention of the Parties in order to fulfil in the best possible way
the commitments made herein.
13.5 FlirtIncontri and Users act
in full autonomy and independence. The present GENERAL TERMS do not give rise
to any relationship of collaboration, agency, association, intermediation or
subordinate employment between FlirtIncontri and the Users.
13.6 Any communication from one Party to
the other pursuant to the GENERAL TERMS shall be sent either by registered
letter to Iumob Srl, Via Comelico, 3, 20135 Milano (with the notification of
receipt option) or via via the contact form.
14. UNFAIR CLAUSES
The User acknowledges and accepts
that certain paragraphs of the GENERAL TERMS contain unfair clauses, including
the points listed below and that, therefore, he/she must expressly accept
during registration, pursuant to articles 1341 and 1342 of the Italian Civil
Code: 2. Conclusion of the Contract; 3. The FlirtIncontri Services (in
particular, 3.2, 3.3, 3.4, 3.5, 3.8, 3.9, 3.10, 3.11 and 3.12); 4. Declarations
and Warranties of the User; 5. Duration and Survival of Clauses; 9. Withdrawal;
10. Termination; 11.Applicable Law and Jurisdiction; 12. Modifications. The User
is invited to carefully read the aforementioned clauses before concluding
Registration on the Site, waiving any claim in relation to the abovementioned
clauses, also by way of reimbursement or compensation.
15. Refund Policy/Cancellation
You get a 14-day cooling-off period on any
subscription purchase. To request a refund just ask our customer care by
sending an email via the contact
form. Please note that refunds are available for purchases of first-time
subscriptions. No refunds will be given for renewals. If you don't want to
continue with your subscription, you can cancel the automatic renewal on your
profile section or sending a message via the contact form.
16. CHARGEBACKS/DISPUTE
We expect our clients to get in touch with
us in case of any issues connected to the transactions for the service
provided. We can solve all the problems encountered without having to request
for a chargeback from the banks. Please contact our customer care. We contact
the client`s Issuing Bank to get the additional information about the client
and the disputed transaction. We reserve the right for using third-party
services to process received chargebacks. We can temporarily discontinue the
client's account and suppress client's transactions while making a chargeback
investigation. The client cannot be refunded if the chargeback was requested.
These GENERAL CONDITIONS are updated on 18/03/2025
and, in the event that the Company should make substantial changes to them,
will give prompt notice to the User.