ematch.online is a website of:
3526 KV Utrecht
Chamber of Commerce registration number:64190102
VAT registration number:NL855559342B01
By registering via the website, you agree to the following terms and conditions.
Article 1 (Definitions)
- 1. eMatch: refers to Epic Internet B.V. registered with the Chamber of Commerce under number 64190102.
- 2. Website: eMatch, accessible via https://au.ematch.online
- 3. User(s): the contracting party of eMatch with this agreement.
- 4. Agreement: the contract of assignment between eMatch and a User on the basis of which eMatch is obliged to let the User make use of the service operated by it, corresponding to the nature of the membership.
- 5. Service: all services or activities performed or to be performed by or on behalf of eMatch under the agreement.
- 6. Offensive photos, texts or otherwise offensive behavior: photographs, texts or behavior, whether or not erotic or sexual in nature, which according to the standards-, norms- and in the opinion of eMatch are not appropriate or allowable within the framework of its service or is in conflict with the aims and purpose of that service, such as, but not limited to: (child) pornographic or erotic or sexually-oriented texts, images or other expressions, racist or insulting texts, images or other statements in the most comprehensive sense of the word.
- 7. User profile: the unique profile created by a User of eMatch by means of text and/or images.
- 8. Civil Code (Burgerlijk Wetboek); the Civil Code under Dutch law.
Article 2 (Registration procedure / formation of agreement and rates)
- 1. Users must be at least 18 years old when they conclude one or more agreements with eMatch in accordance with the provisions in the following paragraphs of this article. The registration as a User or the use of the service operated by eMatch is exclusively and completely at the expense and risk of the User.
- 2. Before the agreement with eMatch is established via the internet, the Users are obliged to complete all preceding fields on the website of eMatch as truthfully and as completely as possible.
- 3. eMatch is entitled to charge fees in advance to Users in accordance with the rates and conditions as described on its website.
- 4. eMatch is entitled to change fees as referred to in paragraph 3 after the agreement has been concluded. In case a User does not agree with an implemented fee change, they are entitled to terminate the agreement free of charge with immediate effect or to terminate it for the future.
- 5. Time limits stated by eMatch are never strict. A prior written notice of default is required, whereby eMatch is granted a minimum term of 10 working days in order to subsequently fulfill the obligations.
Article 3 (User profile)
- 1. Both before and after the start of the agreement, and without the requirement of prior permission, eMatch has the authority at all times to check a created User profile and to assess for offensive photos or texts.
- 2. Only the User is at all times responsible and liable for the content of a User profile created by them. eMatch accepts no responsibility or liability for this.
- 3. eMatch is entitled to unilaterally change User profiles with offensive photos and/or texts and/or references to offensive, unlawful or illegal content or User profiles that otherwise do not fit within the purpose and scope of the service, to a for eMatch acceptable or permissible profile or to remove with immediate effect and to terminate the agreement immediately, all without thereby in any way whatsoever being liable to the relevant User. Any fees already paid by the User will not be refunded.
- 4. eMatch can not adequately check or determine the (correctness of) identity of its Users, in particular with regard to personal characteristics such as age, gender and appearance. For this reason, eMatch does not guarantee the correctness, completeness or veracity of the User profiles created, as well as any other information provided by Users in the broadest sense of the word, nor does it accept any responsibility or liability for this.
Article 4 (Use of service)
- 1. The membership of a User and the associated log-in code with associated password is strictly personal and is not transferable to third parties, including other Users.
- 2. The User declares to use the membership or the User Profile created by themselves solely for their own and private purposes, exclusively with the intention to establish contact between themselves other Users via the service of eMatch for relational purposes.
- 3. Use for business, unlawful or illegal purposes in the broadest sense of the word (such as, but not limited to: prostitution, human trafficking, loverboy practices, hacking, spreading of spam, mailings, bulk mail and the like) by the User is not permitted and is strictly forbidden.
- 4. As soon as eMatch discovers or suspects that a User is acting in violation of the provisions of article 2 paragraph 1 or in paragraph 1, 2 or 3 of this article, it is entitled to remove the relevant User with immediate effect without being in any way whatsoever liable to pay damages to the User as well as being authorized to report to the police or judicial authorities.
- 5. Use of the service by Users is made anonymously. The User has limited access and limited possibilities of use and must at all times make use of a nickname (invented name). If the User nonetheless uses their own identity or true name or passes on personal data to other Users, this is entirely at the expense and risk of the User themselves.
- 6. eMatch compares and tests - at its own discretion and in accordance with the frequency to be determined by it - the Users' User profile stored in the database for a possible match with a User profile of one or more other Users.
- 7. Users are free at their own discretion to meet other Users by mutual agreement at their own initiative through the use of the service of eMatch.
- 8. eMatch does not guarantee that by using the service, a successful relationship mediation takes place between the User and another User.
- 9. eMatch is entitled to use information provided by Users (which can not be traced back to or is not linked to individual Users, such as age, gender, partner preferences and the like) for, among other things, statistical or commercial purposes, as well as making that information available to third parties.
Article 5 (User obligations)
- 1. The User is not permitted to share data of other Users, directly or indirectly obtained through the service, with third parties in any way without the prior consent of the relevant User(s) themselves.
- 2. User shall at all times refrain from offensive behavior as referred to in Article 1 paragraph 7, irrespective of the form of communication used (such as by e-mail, via chat boxes and the like).
- 3. With the exception of the use of a nickname for the User, the User shall exclusively provide - including but not limited to their personal circumstances and identity - information that is based on truth or never provides incorrect or misleading information about this.
- 4. User takes the necessary care and restraint before providing personal information to other Users or third parties or making a date/appointment with such person(s). eMatch warns of the associated risks in the broadest sense of the word and emphasizes the provisions of article 3 paragraph 4. eMatch accepts no responsibility or liability for this.
- 5. User shall not infringe any rights of eMatch and of third parties when using the service, including expressly, but not limited to, intellectual property rights. User will indemnify eMatch at first request for third-party claims on that basis.
Article 6 (Duration, cancellation and rates)
- 1. A subscription is digitally confirmed by vijgtigplusdating.nl, after which the agreement has been concluded. The digital confirmation by eMatch is deemed to correctly and completely depict the subscription, unless the User objects to this in writing within 3 working days.
- 2. Unless expressly agreed otherwise, the free subscription is entered into for an indefinite period of time. The free subscription has fewer functionalities than the paid subscriptions and can be terminated at any time and without any notice period. If the User wishes, they can convert the subscription online into a temporary, paid subscription.
- 3. Paid subscriptions are entered for a fixed term. The notice period for paid subscriptions is 1 month.
- 4. If the User wishes to cancel the subscription, the User must terminate the agreement in writing or via their online account no later than 1 month before the end of the agreed subscription term. If the User should neglect to terminate the agreement in good time and with due observance of the applicable notice period, the agreement shall be tacitly renewed for an indefinite period with due observance of a notice period of 1 month. Online cancellation can be done on the website under the heading "My account" in the web application.
- 5. After termination, the User will have access to the web application of eMatch until the end of the subscription in order to view, download and/or otherwise store the information requested by the User.
Article 7 (Payment)
- 1. User owes the installment amount to eMatch at the beginning of the period to which the payment is related.
- 2. Unless expressly agreed otherwise, the first payment by the User to eMatch (at the start of the paid subscription) is made via a PSP (Payment Service Provider) designated by eMatch and by means of iDeal. Any follow-up payments will be made by automatic debit.
- 3. If the User has authorized eMatch to automatically collect (term) payments, the User must always ensure sufficient balance on the specified bank- or giro account so that the payments can take place.
- 4. In the event of overdue payment, for example due to reversal of the debited amounts or due to an insufficient balance on the specified account, the User will be in default by operation of law without further notice of default being required.
- 5. The User shall owe statutory interest for consumer transactions from the moment of default on the due and payable amount. All (extra-)judicial costs which eMatch incurs in order to obtain fulfilment from that moment on - both in and out of court - will be borne by the User. In that case, the User will owe a fee of at least 5% of the outstanding amount, with a minimum of €40.00. If the actual costs incurred and to be incurred by eMatch exceed this amount, they will also qualify for reimbursement.
Article 8 (Security and privacy)
- 1. Data transmissions via the service take place in open networks such as the internet. eMatch makes every effort to take the necessary security precautions so that information provided or stored cannot be accessed by third parties or by anyone other than Users.
- 2. eMatch can not guarantee that third parties or unauthorized persons (such as hackers) will nevertheless break into the systems of eMatch or of Users.
- 3. The user is aware of the risks as referred to in paragraph 1 and 2 and is obliged to take all necessary and possible security measures at their own expense, such as installing firewalls, virus scanners, choosing the optimal security settings, and so on.
- 4. Excluding the situations referred to in Article 4 paragraph 6 and paragraph 9, eMatch does not share information from Users with third parties or other Users. eMatch adheres to the legal data protection regulations. Obtained and stored data is exclusively accessible to the management of eMatch.
- 5. For security reasons, IP addresses of Users are registered by eMatch. Unless required by law (such as in the context of investigation and prosecution of criminal offenses), eMatch does not share this information with third parties.
Article 9 (Changes to services)
- 1. eMatch can at any time unilaterally change the service offered by it, both in terms of content and name, in the broadest sense of the word.
- 2. If a change as referred to in the first paragraph has taken place, the User has the option to dissolve the agreement, but only if the modified offered services will deviate substantially from the services previously provided by eMatch.
Article 10 (Liability and indemnity)
- 1. The liability of eMatch for damage, suffered by Users or third parties, is limited to the compensation that the User owes over the contract period in which the damage-causing fact occurred with a maximum of €1,000, regardless of the basis on which eMatch is or can be held liable for the aforementioned damage and with due observance of the provisions of paragraph 2.
- 2. Compensation for any consequential damage (such as losses suffered, lost profit, all material damage to inventory, computer equipment, hardware, software, the property and such) or compensation for any other loss than financial loss is excluded. The User should, if desired, insure themselves against these damages.
- 3. The provisions of paragraphs 1 and 2 do not apply if there is intent or gross negligence on the part of eMatch, its management or its management staff.
- 4. Any failed relationship mediation attempts through the service or disruptions or breakups in existing relations of Users due to the use of the service do not lead to liability of eMatch and provide no shortcomings on its part.
Article 11 (Force majeure)
- 1. Force majeure on the side of eMatch exists if, after the conclusion of the agreement as referred to in article 2, paragraph 3, it is prevented from fulfilling one or more obligations under the concluded agreement or for the preparation thereof as a result of (domestically or abroad): war, danger of war, civil war, riots, molestation, fire, water damage, flooding, strike, occupancy, exclusion, import and export restrictions, government measures, internal or external faults or defects (such as but not limited to: DDOS attacks, hacking attempts, machine malfunctions and cabling problems) on, for example, machines such as the server, the database, the software, failure or inaccessibility of the internet or telecommunication facilities, failures in the delivery of energy, viruses, delay during transport, everything in the company of eMatch as well as third parties which for necessary goods or services must be entirely or partially involved, as well as during storage or during transport, whether or not in-house, and furthermore all other causes arising outside the blame or risk sphere of eMatch and facts and circumstances in which eMatch can not reasonably be expected that they must fulfill its obligations.
- 2. If delivery of goods or other services is delayed by more than two months due to force majeure, eMatch is entitled to consider the agreement as terminated by means of a written termination statement addressed to the User. The agreement is terminated at the moment that the written termination statement referred to in the previous sentence has reached the User, without eMatch becoming liable in any way whatsoever to the User.
Article 12 (suspension, termination and dissolution)
- 1. eMatch is entitled to deny the User full or partial access to the use of the service for a definite or indefinite period of time in case the User fails to fulfill, on time or in full, one or more obligations from the agreement or on the grounds of these conditions.
- 2. Agreements concluded as referred to in Article 2, paragraph 3, can be terminated at any time with immediate effect by the User, without any (cancellation) compensation owed to eMatch.
- 3. If the User does not timely or not adequately fulfill their obligation arising from any grounds of these general terms and conditions or the agreement concluded with eMatch, eMatch is entitled to dissolve the agreement, or a part thereof that still has to be executed, without notice of default and without judicial intervention being required, partially or otherwise, without prejudice to the right of eMatch for compensation of any loss, loss of profits and other damage that arises or will arise as a result of this shortcoming.
- 4. The provisions of paragraph 3 shall apply mutatis mutandis in the event of: suspension of payments, application for or the granting of suspension of payment, bankruptcy or application of debt restructuring scheme or liquidation of the assets of the User or their death, if the User loses possession of the assets through seizure or otherwise, as well as in case the User is irrevocably convicted of a sex crime, human trafficking, lover boy practices and similar offenses.
- 5. In the cases mentioned in this article, every claim that eMatch has on the User is immediately and fully due and payable.
Article 13 (jurisdiction, applicable law and competent court)
- 1. Any disputes will be brought exclusively before the Dutch courts.
- 2. Exclusively Dutch law applies to the agreement concluded between eMatch and the User. The disputes resulting from the concluded agreement will also be settled exclusively under Dutch law.
- 3. The Dutch judge, including the Subdistrict Court, in the district of the place of establishment of eMatch is exclusively competent to take note of all disputes between eMatch and the User, unless explicitly and compellingly ensues from the law or international treaties.