Terms & Conditions
HerSmile.com Limited is a private limited company incorporated in the Isle of Man, 2015.
Registered company number 129791C, postal address: IM2 3HD, Douglas, Isle of Man.
These Terms and Conditions apply to the entire Contents' of the website: HerSmile.com
If you are or planning to become a User of HerSmile.com Limited please note by accepting the conditions outlined here you are entering into a legal contract. These terms and conditions are binding documents which govern your use of Our services and Our provision of the service to you. You are advised to read these terms and conditions carefully. This will help ensure that they contain everything you want and that there is nothing within them that you are not prepared to agree to. If they contain anything that you are not willing to agree with then your only course of redress is not to use the services offered by the Site. This contract shall be governed by Manx law and any disputes will be decided only by the Manx courts.
For any questions you wish to ask, please contact us by emailing: Ask@HerSmile.com
Rights of use
A User agrees not to use the Site for junk mail, spam, pyramid or similar fraudulent schemes. We uphold the strictest of standards with respect to protection of privacy and of personal information. We expect Users, in connection with the Site not to breach any applicable law, regulation, code of conduct and or Agreement as stated here. We reserve the right not to accept or to suspend or remove from Our Site all or part of any profile, personal ad or any other Content for any reason We deem fit. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Site. However We do make best efforts to review all profiles entered onto the Site by Users, check messages where certain keywords are triggered in order to ensure compliance with these terms and to comply with any enforcement agency or police request or complaints. We also therefore require that a User does not say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others. Including but not limited to advertise or promote third parties or his/her own products or services. This includes the distribution of 'spam' mail, use of foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language. This also includes make insulting remarks to or about other Users, distributing illegal copyright, indecent or offensive material or any messages or Content that may incite disorder or encourage illegal activities. Causes or may cause harm to minors; impersonate another person or Users, transfer files that contain viruses, trojans or other harmful programs, use the Site to conduct any fraudulent activity including any "pyramid scheme"; "ponzi scheme" or "chain letter", access or attempt to access the accounts of other Users or to penetrate or attempt to penetrate the Sites security measures. We may take any or all of the following action at Our discretion: remove any Users profile (including photographs) or other material that, in Our sole discretion may be inappropriate or We suspect to be illegal or subject Us to liability.
The actions We will take can result in Content being removed and User termination. We will if appropriate issue Users with verbal or written warnings. If verbal or written warnings are not heeded; We will without notice suspend or terminate a User’s account. We may take further action by means of informing law enforcement authorities and providing them with information regarding any suspected illegal activity. A User agrees that We may bring legal action against a User of the Site in relation to any breach of these Terms and Conditions or any illegal or suspected illegal activity. Violation of these terms will be treated on a case by case basis. Users agree it is at Our discretion as to determine what appropriate action is to be taken against a User. Users acknowledge that We may be required by law or regulation to access, monitor, store or copy material sent to us by or to Users without further notice to the User.
- 1.0 Definitions/Interpretations
- 2.0 Functionality
- 2.1 Site Access
- 2.2 Functionality
- 2.3 Services
- 2.4 Reporting
- 2.5 Third Party
- 3.0 Communication
- 3.1 Invited Members
- 3.2 HerSmile Discounts
- 3.3 Vetting
- 3.4 Profiling & Photos
- 3.5 Messages & Posting
- 3.6 Feedback
- 4.0 Security
- 4.1 Password
- 4.2 Paying
- 4.3 Account Termination
- 4.4 Account Temporary Suspension
- 4.5 Refund
- 5.0 Liability
- 5.1 Privacy Rights
- 5.2 Trademarks
- 5.3 Copyright & Intellectual Property Rights
- 5.4 Warranties
- 5.5. Limitation of Liability
- 6.0 Content
- 6.1 Cookies
- 6.2 Use of Data
- 6.3 User Content
- 7.0 Infringement
- 7.1 Account Breach
- 7.2 Serious Account Breach
- 7.3 Breached Account
- 7.4 Modification
- 7.5 Void Terms
- 7.6 Finally
1.0 DEFINITIONS / INTERPRETATIONS
- ‘Agreement’ shall mean these Terms and Conditions;
- ‘Subscription’ refers to a paid fixed rate giving unlimited access to female Members, as required, for a limited period of 12 months renewable after the purchased period where the Subscription has been purchased using a bank card or any other method of payment listed on Our Site and allowing continuing debits to be made.
- For the purposes of this Agreement the term ‘Content’, ‘Data’, refers to the information contained in a User’s profile, created by the User and displayed on Our Site.
- For the purposes of this Agreement, the term ‘Members’, refers to men who have paid for Credits and women who have paid their yearly Subscription.
- For the purposes of this Agreement the term ‘Users’ refers to anyone using HerSmile.com Limited
- For the purposes of this Agreement the term ‘Credit’ refers to a payment made by men to HerSmile.com Limited to be introduced to a woman. Every introduction requires one Credit.
- For the purposes of this Agreement the term ‘Site’ refers to the domain: HerSmile.com Limited
- For the purposes of this Agreement the terms 'Us', 'We', ‘Our', refers to the Company: HerSmile.com Limited
- For the purposes of this Agreement the term ‘Male Users’ refers to male non-Members of HerSmile.com Limited
- For the purposes of this Agreement the term ‘Female Users’ refers to female non-Members of HerSmile.com Limited
2.1 Site Access
To become a User of Our Site, Users must be at least twenty-one (21) years old. If We discover or have any reason to suspect that a User is not over 21 years of age, then We reserve Our right to suspend or terminate a User from the Site immediately and without notice. Users should not have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment. Users are advised that a breach of this clause constitutes a serious breach of this Agreement. To access the Site Users will need a standard computer. It is the Users responsibility to ensure that he or she has (and continues to have) one of these devices including the cost of using these devices. This Site is accessible via the internet and therefore may potentially be accessed by anyone around the world. Other Users may also be able to access the Site from outside the European Union. This means that, where Users post Data on the Site, this could be accessed from anywhere around the world and therefore an international transfer of Data may be deemed to have occurred. Users consent to such transfer of Data for and by way of this purpose.
We do not guarantee that the services will function if the User activates a pop-up blocking tool. In this case, the function should be deactivated before using the service. We do not guarantee that the services will be usable if the User’s internet service provider is unable to provide its services properly. In this context, We cannot be held responsible for the non-functioning, unavailability or adverse conditions of usage of the Site resulting from incorrect hardware, problems experienced by the User’s internet service provider or blockages on the Internet networks or for all other reasons outside Our sphere of influence. We do not guarantee that the services shall function without interruption or error. In particular, the use of Our Site may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its Content and/or presentation.
Users agree to notify Us immediately of any unauthorised use of his or her Password or any other breach of security of which they become aware of. We are not liable for Content or other activities of Users which may breach the rights of other Users or third parties. Users are urged to notify Us of any inappropriate Content. If Users deem an interaction, picture, message or post disturbing or in any way inappropriate the User agrees to inform Us through the contact channels on the site. Users acknowledge that such distribution of inappropriate information may take place and that We may take steps outlined in this Agreement in respect of such information which comes to Our attention.
2.5 Third Party
Should there be any links to third party websites Users agree to use the link at their own risk. If in the course of performing a search on our site a User encounters any third party website the use of which would violate applicable law, the User must immediately cease use of such website. We do not review such sites. We do not recommend or endorse such sites nor are we responsible for the content of those sites or any goods or services offered thereon. The User agrees that use of such links is entirely at his or her own risk.
3.1 Invited Users
Should a User wish to invite a friend to Our Site; the User must have obtained the prior consent of this friend in order for Us to process their Data and provide the service to them. We expect all Users who are invited to the Site to conform to the rules and conditions as outlined in these terms. Wherever We deem it necessary We will endeavour to check new Users but cannot be held liable for the actions and authenticity of Users. We do not take responsibility for the accuracy of the Content that they submit.
3.2 HerSmile Discounts
Whenever an existing male Member introduces three male Members to the site he will receive three complimentary Credits. These benefits take effect once the new Users have paid and are considered Members.
We cannot vet all User profiles and entries to ensure that they are appropriate or correct. Any decision made or action taken by Users on the basis of information provided on or via the Site is at their sole discretion and risk. Due to the fact that many technical aspects of the Site and the Content provided herein is supplied by or otherwise dependent on third parties, We do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the Content contained in or accessed through this Site.
3.4 Profiling & Photos
At any time Users may access and update their Data. The information supplied by a User must be accurate and conform to reality. All information and details provided by Users to Us (including on registration as a Member) are true, accurate and up to date in all respects and at all times. We expect profiles to be honest. Users agree photos uploaded will be a true likeness of the User. We will not tolerate indecent, abusive, racist pictures and or other photos that We deem inappropriate and We reserve the right to refuse or to suspend or to remove from Our Site all content. This includes all or part of any profile including any photos, images, personal information or any other Content for any reason We deem fit. Users agree that no Content will be shown, sent or copied from the Site referring to other persons without having obtained their prior consent. HerSmile takes no responsibility whatsoever for images it shows. Including but not limited to: uploaded images, photos to its website and applications, videos and other media. This includes but is not limited to, copyright of image and ownership of image and decency of image. If you feel an image is inappropriate, infringes your privacy or has been uploaded without your permission let us know immediately and we will address it.
3.5 Messages & Posting
Users will not make comments, broadcast or publish in any form Content that infringes the rights of others or is defamatory, injurious, obscene, offensive, and violent or can/does incite violence, racists or xenophobic behaviour. Abusive language and unacceptable behaviour including posting of Content considered to be spam will not be tolerated and will result in exclusion from the Site and if applicable termination of the Membership. Comments (whether in writing or verbally) that are contrary to the purpose of the Site’s current rules and laws in force or acceptable norms and standards of behaviour are deemed inappropriate and unacceptable. We reserve the right to irretrievably delete messages and Content after any period of time for any reason we deem appropriate.
We are not liable for Content or other activities of Users which may breach the rights of other Users or third parties. If a User has any complaints about another User or any aspect of the Site or have any questions or would otherwise like to provide any other feedback, then they can contact Us by emailing: Feedback@HerSmile.com or writing to Us at the address set out at the top of these terms.
The User is solely responsible (and liable) for maintaining the confidentiality of his or her password and are responsible for all activities, information, actions or statements made through the User’s account, whether these be fraudulent or not. We do not have the means to check the identity of people using every User’s password and will not be liable where a User’s password is used by a third party. Password(s) and any other information used to identify a User are strictly private and confidential and must not be passed on or shared with any third parties. At all times the User remains solely responsible (and liable) for the use of the identification information by third parties and for the actions or statements made through the User’s account, whether these be fraudulent or not. A User is responsible for the acts or omissions of any third parties who use his or her identification information or account, whether fraudulent or not. A User agrees to indemnify Us against any claims of this kind. For the avoidance of all doubt; We shall not be liable if a User’s identity is used by someone else. If a User feels or suspects that there has been a breach (of any kind) of his or her account and/or the information displayed on his or her profile then the User must immediately notify Us: Security@HerSmile.com Furthermore; the User should also amend his or her password. If the User has not received a response within 24hours we request a written or telephone confirmation. Changes to a User’s password can be accessed via the Site at any time.
Female Users can purchase a Subscription. Male Users can purchase Credits. Credits and Subscriptions can be paid for by methods proposed on the Site. The prices and the terms of payment are displayed on the Site notably at the point when the User chooses to make a payment. Activation of a Member’s account occurs after a valid transaction has been completed. Once a User has made a successfully purchase the User is deemed a Member. We reserve the right to change our prices at any time. We will endeavour to notify Members of any price changes in advance of charging the Member. Payment wherever possible will be automatically renewed. Where viable the renewal shall be performed in accordance with the manner of payment originally chosen by the Member. Agreeing to these terms, the User understands that Our charges for using the services of the Site may change. Payment for an introduction on Our Site does not constitute a guaranteed partnership. A User accepts that We cannot advise on or broker marriage or long-term relationships; the onus remains on the User to decide who is right for them; We just provide the options and the introductions.
4.3 Account Termination
Users can terminate their account at any time. In these circumstances the User is not entitled to reimbursement of any Credit or Subscription remaining on the Member's account.
4.4 Account Temporary Suspension
Users can suspend their account at any time. In these circumstances the User is not entitled to reimbursement of any Credit or Subscription remaining on the Member's account. User Content will be saved for limited period and can be reactivated if and when the User wishes to reopen the account within that period.
Credits and Subscriptions are non-fundable. However we will consider exceptional cases such as where the Site is at fault.
5.1 Privacy Rights
The trademarks (including but not limited to HerSmile.com) the Messenger, logos, graphics, photographs, animations, videos texts featured on the Site and all printed matter in the provision of the services are the intellectual property of HerSmile.com Limited and may not be reproduced, used or represented without the express permission of HerSmile.com Limited under threat of legal action.
5.3 Copyright & Intellectual Property Rights
The Site grants no rights to User’s in relation to copyright, trademarks or other of Our intellectual property rights or the intellectual property rights of third parties. Users may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, communicate to the public, or otherwise use the Content included in or provided via the Site except for the Users own personal, non-commercial use.
This section (and any other clause excluding or restricting Our liability) applies to Our directors, officers, employees, subcontractors, agents as well as to Us. Nothing in this Agreement in any way limits or excludes Our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. Users must give Us a reasonable opportunity to remedy any matter for which We are liable before incurring any costs remedying the matter themselves. If they do not, We shall have no liability to the User for the matter. We shall not be liable for any damage to a User caused or contributed to by that User, for example by not complying with this Agreement.
5.5 Limitation of Liability
Whilst We will use all reasonable endeavours to correct any errors or omissions as soon as reasonably possible once they have been brought to Our attention, We do not warrant that the Site will be available uninterrupted and in a fully operating condition nor that the information on and provided via the Site will be free from errors or omissions. Access to this Site and its Contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond Our control. All Content and services on this Site are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty in respect of the Site or its Content, including, without limitation information provided by or regarding other Users. In no event (including Our own negligence) will We be liable for any: Economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings), loss of goodwill or reputation; specia,l indirect or consequential losses, damage to or loss of Data (even if We have been advised of the possibility of such losses). We will not be liable for any damages, including indirect or consequential losses and whether in contract, tort (including negligence) or otherwise, arising in connection with any use by the User or other Users of the Site that is in contravention of these Terms and Conditions or is not directly attributable to Our negligence. The User agrees to indemnify and hold Us harmless from any claims, damages including any legal fees in relation to any matter arising from his or her use of the Site. Any breach or suspected breach or violation of these Terms and Conditions by the User or third parties will result in Us taking action.
6.2 Use of Data
"Data" means any User information which is personally identifiable, including, without limitation, their name, address, telephone number, email address, financial details, User name, password, comments, profiles, personal descriptions, photos and other information from which he or she can be identified and which the User may disclose to Us or otherwise via the Site at any time. We endeavour to take all reasonable steps to protect the Data input by Users. All the Data collected by Us is stored in a secure location on a server. Using an SSL certificate login data is encrypted between the server and a User’s computer. We collect Data including but not limited to User registration, profile or settings update, post an entry on the Site, process registration and account administration (where appropriate). We use Data to: monitor, develop and improve the Site, services, User experience, process and deal with any complaints or enquiries made by or about a User, investigate any suspected breach of the Terms and Conditions of use or Terms and Conditions (as relevant) made by or otherwise relating to a User and to monitor compliance including by way of checking postings to the Site. When a User uses keyword triggers Data is collected to investigate usage that may be inappropriate.
6.3 User Content
Users are advised not to assume that any User Content is accurate. A person may not be who they claim to be. We cannot be liable for false or misleading statements by Users. For the avoidance of all doubt it is the Users responsibility to decide which information to publish or send as Content. We cannot be held liable for any misuse thereof by the User or any other User or third party. The information supplied by a User must be accurate and conform to reality. The consequences of disclosing information on the life of the User or of other Users are the sole responsibility of the User concerned. Consequently, Users waive all recourse against HerSmile.com Limited, notably on the basis of any possible damage to the Users right to their image, the Users honour and reputation, or the Users privacy, resulting from the dissemination or revelation of information concerning the User under the conditions foreseen by this Agreement. We do not usually monitor User interaction (although We do reserve the right to monitor if We think it is appropriate). Users should at all times exercise the same caution they would normally do when meeting new people. HerSmile.com Limited operates on the basis that the identity of a User remains anonymous to other Users until they have been introduced. Users agree not to reveal through the Site any information that enables them to be personally identified or contacted outside the Site including their last name, postal/email address, Facebook account, telephone number or any other form of personally identifiable information except in cases where an introduction has been made. Users acknowledge that We may be required by law or regulation to access, monitor, store or copy material sent by or to Users without further notice to the User.
7.1 Account Breach
7.2 Serious Account Breach
Without prejudice to the other provisions hereof, where the User commits a serious breach, We will terminate the Users account without prior notification or warning. Such termination shall have the same effects as a termination by the User. Such termination shall take effect without prejudice to any damages that We might claim from the User or the User’s beneficiaries and legal representatives, in compensation of the harm suffered as a result of such breaches. Where possible The User will be informed by email of the termination or the confirmation of the termination, of their account. In these circumstances the User is not entitled to reimbursement of any Credit or Subscription remaining on the Member's account.
7.3 Breached Account
Users agree to notify Us immediately of any unauthorised use of their password or login name or any other breach of security of which they become aware.
We reserve the right to modify theses Terms and Conditions at any time.
7.5 Void Terms
If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. We shall not be liable for any failure for any suspension, or termination of access to the Site or any Content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting Us or Our suppliers.
By clicking "Accept" you will be deemed to have consented to these Terms and Conditions. And will comply with these Terms and Conditions including, without limitation, the restrictions relating to acceptable use of the Site as set out in this document
If you have any questions, queries or concerns please contact us by emailing: Ask@HerSmile.com
Our technical teams do their utmost to ensure the safety of the Site. Internet security is a complex issue and no system can be considered 100% secure. Should a security breach occur We will endeavour to act as fast as possible to remedy the problem. Some information, comments or content (photographs or video) that the User optionally provides may possibly, under the responsibility and on the initiative of the User concerned, reveal the ethnic origin of the User, his/her nationality, religion and/or sexual orientation. By providing such optional information, the User concerned manifests his/her intention and, consequently, expressly consents to, and takes sole and exclusive responsibility for, the processing of this mentioned "sensitive" Data by Us. Without limitation Users are asked to supply information about themselves when they register, respond to a survey, acquire a subscription and complete their profile. Certain items of information are mandatory in order to gain access to the Site. We have the ability to retain your details should you input them on our Site even if you do not complete your registration.
Information gathered by Us can include but not limited to; The Users name, mailing and/or email address, fixed line and/or mobile telephone numbers, physical appearance, photographs, voice recording, video, personal values, religion, interests, marital status, use of the Site, web browser version, the operating system and the IP address of the computer from which they visit.
All precautions have been taken on our databases to archive a User’s information in a secure environment. Our employees have access to your information, which is only accessible in case of necessity. The Data a User provides at the time of registration and when creating a profile will not be accessible by third parties, nor passed on, sold or exchanged, except in the cases named below and subject to your prior information and agreement, or in assumption of your non opposition hereto. We may occasionally share or broadcast general socio-demographic information to specific parties who have an interest in HerSmile.com that does not include names with selected partners to allow them to target their announcements (by age category, gender, etc.). In this case, we will not send these partners any information that would allow them to identify you. Consequently, the User explicitly authorises Us to reproduce and broadcast Data they provide Us for distribution media, audiovisual, communication, press, radio, analogue television, digital television, cable, satellite, electronic communication (email, Internet), throughout the entire world and for the length of time established in these Terms and Conditions between the User and Our Site.
Agreeing to these terms the User explicitly authorises HerSmile.com Limited to transfer the Data they provide to the Site for the above mentioned rights to understand the Sites eventual successors may wish to use the information a User provides to HerSmile for other purposes.