Definitions

In this Agreement, the following expressions have the corresponding meanings:

  • "Company" means PaySec USA LLC company registered in Malta, and shall include any related body corporate or associate.
  • "Personal Information" has the meaning ascribed to it in the Malta Data Protection Act;
  • "Privacy Policy" means the Company's privacy policy which is available here;
  • "Service" means the functionality at any given time made available for members via the Website;
  • "Website" means this website which is owned and operated by the Company;
  • "We", "us" and "our" all refer to the Company.

Acceptance of the Agreement

In order to use the Service and/or visit the Website you must accept these terms and conditions. You will be deemed to have accepted these terms and conditions by using this website, regardless of whether or not you register as a member. If you do not agree to these terms and conditions you must not use this website. By using the Service and/or using the Website you further agree to have read and be obligated by the Privacy Policy which is incorporated into this Agreement by reference. The Privacy Policy is available here.

User Agreement

These terms and conditions constitute the agreement between you and the Company in respect of your use of the Service and the Website (the "Agreement").

Contact

This website is operated by Nextlove Ltd., a company registered in Malta (hereinafter, the Company). You can contact us using any of the following methods:

  • Online support form (use this option for fastest service)
  • Email: support@Nextlove.com
  • Postal address: PaySec USA LLC
    P.O.box 1593, West Plains, Mo 65775, USA

Membership

Eligibility

You must be over 18 years of age to register as a member of the Service or to use this Website. By using the Website, accept to be bound by this Agreement to enter into this Agreement and to comply with all of the Terms and Conditions.

Membership

You may become a member of the Service free of charge. Free membership will only entitle you to participate in some of the features available as part of the Service and subject to change without further notice, including shutting down the Service for non-paying members completely. In order to access additional features, you must become a paying subscriber to the Service.Your use of those additional features is conditional upon the payment of the relevant fees and subject to change in accordance with the clauses set out below.

Subscription plans and fees

Subscription plans and their corresponding fees are located on the "Membership" page. These subscription fees are subject to change, which changes will be posted on the website and/or communicated to you by e-mail or private message via the Service.

Payment

Only Members with a valid subscription or otherwise on payment of a fee can access certain parts of the Service.

Subscriptions for Premium Membership can be acquired at the prices, for the periods and by the payment methods specified on the "Membership" page. Prices are stated in the currency shown on the upgrade membership page and include all applicable taxes unless otherwise stated.  The full amount payable for the subscription period chosen is charged upon acquisition of the Premium Membership.

After your initial membership period, your subscription will be automatically renewed for the same price and package length. By subscribing, you authorise us to charge your card now and upon each renewal. Your Payment method will continue to be periodically charged for the subscription for the price and time period you agreed to when subscribing. You can cancel your membership via your “My membership” details page.

Due to processing time from payment providers, please note that any recurring card payments will take effect before your membership expires. Recurring bank payment solutions (iDeal, ELV etc.) will take effect within approximately 5 business days before your membership expires. Should you wish to cancel your automatic renewal, you need to contact customer service (or check our Help Centre for information regarding how to do it on the Website.) and request cancellation at least 7 calendar days before renewal date due to processing times. If a new membership cycle has begun after receiving such notice, that amount cannot be refunded.

Please note, if you previously have cancelled an automatic renewal, purchasing a new subscription will re-instate your automatic renewal as described above.

You must provide current, complete and accurate information to enable subscription fees to be charged correctly, which information must be updated regularly and is securely stored for your ease of payment. By purchasing our service you automatically authorise us to securely store your payment details which may only be used for the automatic renewal of your subscription.

Successful charging of renewal fees will ensure your account privileges are maintained at the level of the package being renewed.

In the case of automatic renewal charges being declined your account will be downgraded until the charge for renewal is accepted following which, the status of your account will be reinstated within 24 hours for the value of the charge successfully passed should this be less than the value of the original package being renewed.

We may at any time change our price for a subscription. If you currently are in a subscription period (and not in the initial signup period), the prices will take effect from the first calendar month after a notice of price changes has been sent to the email address provided by the user upon registration. You may terminate the Agreement if you do not accept the price increase.

By purchasing a Premium Membership, you authorize the Company to charge those fees on a recurring basis in accordance with your subscription plan and as detailed above.

The Company may, from time to time, make available to free Members trial periods of Premium Memberships.  Fees for such trial periods and payment methods, if any, will be indicated on the Website and/or the App on the page indicating such trial period.  Methods of cancellation of such trial periods will also be indicated on the said page.

The forty-eight (48) hour trial Premium Membership automatically renews to a fix six (6) month Premium Membership after forty-eight (48) hours.  The one (1) month trial Premium Membership automatically renews to a one (1) month Premium Membership.  Should you wish to cancel auto-renewal of any of these trial Premium packages, please contact our support team here or check our Help Centre for information regarding how to do it on the Website.

Where a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.

In the case of declined charges, for your convenience, we may opt, at our discretion, to charge the due fees in parts to assist in ease of payment through your chosen credit provider. However, the amounts shall not exceed in total the value of the package being renewed. For example, we may opt to charge the full amount of a twelve-month membership in two, six-month instalments or less. We may also opt to spread the charges over a period of time within the package pack, for example within the six-month period should you choose a six-month membership. At our discretion and to assist with ease of acceptance, such recharging may be delayed and affected at varying frequency.

In cases where fees are continuously declined, at our discretion, we may opt to contact you to assist you with payment of the outstanding funds and reactivation of your account. You are also invited to contact us on support@Nextlove.com in the event of such case so we can expedite the resolution of such matters.

No fees or charges are refundable under any circumstance unless otherwise required by applicable law or as specified herein. You agree to pay or have paid all fees and charges incurred in connection with the Service (including any applicable taxes) at the rates in effect when the charges were incurred.  You agree that should you have any issues in relation to your payment, such as duplicate billing or erroneously renewed subscriptions, you will open a support ticket through the Website or the App (on the Contact Us page or on the support email address support@Nextlove.com) to resolve the issue. Kindly note that by accepting our terms you, as a member of our website, consent to the storage of your payment credentials in a tokenized form and allow our company to charge them as described in this section. We reserve the right to use this data for analytic purposes and disclose the payment and personal information provided with the relevant payment processors in the event of an unwarranted payment reversal on your account. We do this with accordance with the Payment Card Industry Data Security Standard as well as with the GDPR standards set towards our company.

Where the customer fails to make a payment or falls into arrears, We reserve the right to engage the services of a debt collection company and demand these costs from the customer. We also reserve the right to charge interest on arrears, the amount of which shall be in accordance with statutory provisions.

We reserve the right to demand that the customer pays the expenses arising from the unauthorised cancellation of a credit card payment or an unjustified objection to a direct debit payment to the extent possible under law.

 

Member ID and password

As part of the member registration process, you will be required to select a member ID (username) and password. We may refuse to accept any username for any reason, including that the proposed member ID impersonates someone else, is or may be illegal, is or may be protected by trade mark or other intellectual property law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our absolute discretion. You are solely responsible for the confidentiality and use of your member ID and password (including all activities conducted under your Member ID and password) and agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must immediately notify us and you must promptly change your password by updating your account information.

Rights of withdrawal

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

Credits

To activate certain features of the site, Members may choose one of our credits packages. Once we have confirmed receipt of your payment, we will credit your account with the number of credits purchased.

A Full Member whose account has lapsed or who has no remaining credits may not be able to access certain features until additional credits are purchased; however in the event that any action you take on the Service that requires the expenditure of credits results in you having a "zero balance" or a negative balance of credits, and you have consented to our automatic rebill feature, we will automatically purchase for you the same membership package that you had purchased previously (or, if such membership package is no longer available to you, the membership package that is most closely priced to the membership package you most recently purchased).

No fees or charges are refundable under any circumstance unless otherwise required by applicable law. You agree to pay or have paid all fees and charges incurred in connection with the Service (including any applicable taxes) at the rates in effect when the charges were incurred.

We reserve the right to cancel without refund any unused credits on such date that is the earlier of 90 days from the date of your last login or 180 days from the date of purchase.

Bonus codes

Bonus codes are a limited time offer. Bonus codes are only valid for the first initital payment and the user will be charged the regular amount for any further recurring payments. bonus codes are only valid for Premium membership fees and can not be used for the purchase of Premium plus memberships. Bonus codes are not transferable or redeemable for cash or credit. Bonus codes cannot be applied to existing or previously pruchased membership plans. Your use of Bonus codes is subject to standard Nextlove terms & Conditions.

The service

The Service is an internet information service that facilitates contact between members who may or may not be seeking friendship or a relationship. It is not a marriage brokering service, mail order bride service nor a matchmaking service. The Company is under no obligation to broker any other member or members for you.

Obligation of user

Own risk

You acknowledge that your use of the Service and the Website is solely at your own risk. The Company undertakes to deliver a website and a Service which aims to provide you with the opportunity to come into contact with other individuals based upon criteria defined by you, but the Company takes no responsibility or accepts no liability for any economic or non-economic loss or damage you should suffer to the use of the website and/or Service or by the website and/or Service not functioning according to your expectations.

Furthermore, you understand that you are solely responsible for your interaction with other members of the Service. The Company cannot and does not warrant that each member or user of the Service is who he or she claims to be. Further, the Company cannot and does not warrant that member profiles are reliable, accurate or complete. Accordingly, you must be careful in dealing with other members or users of the Service or the Website.

CHILDREN

You are able to add family pictures, and pictures of your children on the site, however child protection and data protection must be paramount in your decision making, and you must be aware that anyone can view the photos, when they view your account.

 Our moderators will reject any pictures of minors that are not allowed , for example children in swimwear, or  appearing in any way remotely adult ,or implying anything sexual or inappropriate. We also reserve the right to close any such account, and contact the authorities if any sexual or inappropriate content is attempted to be posted.

Accurate information

It is your responsibility to ensure that the information that you supply to the Service, the Website and the Company is accurate in all respects, not in breach of this Agreement and not harmful to any person (physical or legal) in any way.

Information provided by you

You agree that any material or information (including without limitation personal photos, video or audio recordings) provided by you, save and except for any Personal Information (which may include your full name, email address, postal address, telephone number etc.) the use of which is governed by our Privacy Policy (available here), may be used by us without restriction for the purposes of operating the website and Service described in this Agreement. Take special consideration to protect your identity when uploading to the service information or material which may identify you.

It is your responsibility to ensure that any information or material you upload to the Service, including but not limited to information and/or material contained in your personal profile, does not violate any laws or regulation in any jurisdiction, or the rights of third parties. We reserve the right to remove any such information or material without further notice and to claim compensation for any costs or damages such information or material has caused us.

Exposures to viruses

You are advised to keep updated anti-virus and anti-malware software at all times. We take no responsibility and accept no liability for any damage or loss caused by virus, malware, spyware, trojans or any other malicious software transferred through your use of the Website or Service.

Your obligations

You agree to be bound by the following rules regarding the use of the Service an/or the Website:

  • you will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libelous, slanderous, or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and privacy rights).
  • you will not transmit "spam," chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail;
  • you will not use the Service or the Website for any commercial purposes;
  • you will not solicit or attempt to solicit any money from any member or other user of the Service or the Website or use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
  • you will not harass others by continuing to attempt to communicate with someone who has clearly asked you to cease communications;
  • you will not post or transmit material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of computer software or hardware; and
  • you will not post or transmit in any manner any contact information including without limitation, email addresses, phone numbers, postal addresses, URLs, or full names through your publicly posted information.
  • you will not use our Service and/or information of the Website and/or others for any other purpose than to start and/or maintain a relationship on a strictly personal basis
  • you will not send or disclose any material containing one ore more proposals regarding products, services and/or work
  • you will not collect nor record the contents of the Service and/or the information of others in a database and/or use the contents and/or the information as mentioned for publication on other websites, online services, a guide and/or address files
  • you will not infringe upon any intellectual property right of us and/or others; In the event that you fail to comply with one ore more of the obligations as mentioned above you will forfeit to us without notice of default an immediately payable penalty which is not open to judicial mitigation of an amount of 298€,= for every day that you fail to comply with one ore more of the obligations as mentioned above

Information

Monitor information

We reserve the right to monitor all profiles, messages, chat, instant messages, videos and audio recordings to ensure that they conform to the requirements of this Agreement. This includes the right to, at our discretion, to engage one or more third parties to provide online security functions for our customers.

Editing information

We are not under an obligation to monitor or review messages or material posted or sent by users of the Service, and is not responsible for any content of these messages or materials. However, we do reserve the right, but are under no obligation, to delete, move or edit messages or material (including profiles, messages, videos and audio recordings) that we, in our sole discretion, deem to breach this Agreement or to be otherwise unacceptable.

Security of information

Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Restricted use

Unless we agree otherwise in writing, you are provided with access to the Website for your personal non-commercial use only.

Advertisement

Responsibility for the content of advertisements (if any) appearing on the Website (including hyperlinks to the advertisers own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertiser's product or service by the Company. Each advertiser is solely responsible for any representation made in connection with its advertisement.

Intellectual property ownership

The Company retains and reserves all rights, titles, and interests in the Service and the Website and the corresponding intellectual property rights.

DISCLAIMERS AND LIMITATION OF LIABILITY

No warranties as to accuracy

We do not make any representations or warranties that the material or information provided through the Service or on the Website (including any member profile, advice, opinion, statement or other information displayed, uploaded or distributed by the Company or any member or any other person or entity) is reliable, accurate or complete or that your access to the Service or the Website will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided through the Service or on the Website. You should make your own enquiries before acting or relying on any information or material which appears on the Website. You acknowledge that any reliance upon any such material or information shall be at your own risk

No warranties as to availability

The Service is distributed on an "as is" basis. We do not warrant that the Service or the Website will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service or the Website. Where permitted by law, you acknowledge that the Service (and the availability of the Website) is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

No liability for loss

We do not accept responsibility for any loss or damage, however caused (including through negligence to the extent permitted by mandatory law), which you may directly or indirectly suffer in connection with your use of the Service or any Linked Websites, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the Service or the Website.

SPECIFIC WARNINGS REGARDING ONLINE DATING

We are not obliged in any way to become involved in any dispute(s) between members and we don’t provide any arbitration or settlement if any dispute arises between members and/or users of our Service and/or Website.

Termination

Agreement effective for members

This Agreement will remain in full force and effect while you are a member of the Service or while you otherwise use the Website.

Termination of membership by you

You may terminate your membership at any time, for any reason, effective from the first payment period after our receipt of your written notice of termination, provided you are not in an initial signup period, in which case you will be charged for the entire amount of the initial signup period. Notice of termination may be delivered to the address contained in the Contact Us section of the Website or be emailed to the email address listed in the Contact Us section of the Website.

Termination of your access to Service

We may, in our absolute discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Service by others. If your access to the Service is suspended or terminated based on your breach of this Agreement, your membership will still continue to run until terminated by you or by us.

Termination of membership by us

We may immediately terminate your membership and your access to the Service at any time if we determine (in our absolute discretion) that you have breached this Agreement. Notice of termination will be delivered to the last email address you provide to us. Any pre-paid fees relevant to the period following termination will be refunded to you after deducting any costs incurred or loss suffered by the Company in connection with your membership.

Deactivation for non-use

We may deactivate your account if you have not used the Service for a consecutive 6 month period unless you have an active paid subscription.

INDEMNITY AND RELEASE - GENERAL

Failure to comply

The Company accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.

No waiver

If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

Severability

If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall continue in full force.

Variation

We reserve the right to amend this Agreement and/ or the Privacy Policy from time to time, including but not limited to changing the prices of a membership. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by these Terms and Conditions as amended. You will be able to terminate the Agreement prior to such changes being implemented.

Assignment

You must not assign any of your rights under this Agreement or in respect of the Service or Website to any third party. The Company has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party.

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Service or the Website.

Governing law

This Agreement is governed by the laws in force in USA. You agree to submit to the exclusive jurisdiction of the courts of USA.