Terms & Conditions
These Terms and Conditions apply to the entire contents of the present website Henriette Reineke and also to: The LoveCheck.com / The Lovecheck.nl / DeLoveCheck.nl.
TheLoveCheck (“TLC”), a private limited company incorporated in The Netherlands with registered chamber of commerce number 20084764 (VAT number NL055267038B01) whose postal address and whose registered office is at: Vossenberg 16, 4841 JA Prinsenbeek, The Netherlands.
These Terms and Conditions are binding documents which govern your use of our services and our provision of these services to you. You are advised to read these terms and conditions carefully; this will help ensure that they contain everything you require 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 any of the services offered by any of our brands.
Article 1. Definitions and Interpretations
The following terms shall have the following meanings in these Terms and Conditions:
“Agreement” refers to (a) client / clients acceptance of these Terms and Conditions.
“Subscription” refers to a fixed rate contract giving unlimited access to our paid Services, as required, for a limited period that can be 1 month, 3 months, 6 months or 12 months, which automatically renews after the purchased period where the subscription has been purchased using a bank card or any other method of payment listed on our website and allowing continuing debits to be made.
“Service(s)” refers to the entirety of the services available to our Client(s) via any of our sites, whether paid or unpaid.
“Paid Services” refers to all Services offered by this site accessible, at rates quoted, to Clients with a valid Subscription.
“Clients(s)” refers to any or all valid registered users of our Service, whether or not they access Paid Services.
“Site(s)” refers to The LoveCheck.com / The Lovecheck.nl / DeLoveCheck.nl.
The terms “us”, “we” and “our” refer to all brands owned and operated by THE LOVECHECK.COM / THE LOVECHECK.NL / DELOVECHECK.NL / HENRIETTE REINEKE for the purposes of this Agreement.
Article 2. Registration
To become a Client(s) of any of our sites you must be at least eighteen (18) years old.
You must complete all of the fields on the online registration form(s).
You should not have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment. You are advised that a breach of this clause constitutes a serious breach of this Agreement.
Should you wish to register someone other than yourself for our Services you must have obtained the prior consent of this third party in order for us to process their data and provide the Service to them either directly or via yourself.
Article 3. Your right to cancel
This section applies to you if you are a “consumer” as defined under The Consumer Contracts (Information, Cancellation and Additional Charges).
You have the right to cancel your contract for the Services within fourteen days from the date of placing your initial order for a Subscription (“Cancellation Period”), by using the contact form or writing to our customer care team whose postal address is Vossenberg 16, 4841 JA Prinsenbeek, The Netherlands. If you cancel your contract for the Services during the Cancellation Period, we shall reimburse you for all payments received from you.
All reimbursements shall be made to you within fourteen days and using the same means of payment you used for the initial transactions, unless you have expressly agreed otherwise.
Cancellation rights under this Article only apply to your initial order for a Subscription and do not apply to Subscription renewals.
In agreeing to these Terms and Conditions, you expressly request that we provide you with the Services immediately and within the fourteen day statutory Cancellation Period.
Article 4. Use of the Services
Password(s) and any other information used to identify a Client(s) are strictly private and confidential and must not be passed on or shared with any third parties.
To access the Services you will need a computer, laptop and/or smart mobile phone. It is your responsibility to ensure that you have (and continue to have) access to one of these devices including the cost of using these devices.
We may deactivate accounts of Client(s) who have not used the Services for six months or more and for whom no Subscription remains valid. In the case of paying Client(s), this six-month period begins on the date that the last Subscription expired.
Article 5. Your Safety and Security
It is important that you understand that we cannot advise on broken marriage or long-term relationships. The responsibility still remains solely with you to decide what is right for you; we just provide the options.
Furthermore, we do not have a contractual obligation, moral or ethical responsibility or the technical means to:
verify the identity of persons who register as Client(s) or use our Services
verify or monitor Client(s) Content (although we do reserve the right to monitor Client(s) Content if we consider it appropriate to do so)
As a Client(s) you are advised not to assume that any Client(s) content is accurate. A person may not be who he or she claims to be. You should at all times exercise the same caution you would normally do when you meet people. We cannot be liable for false or misleading statements by Client(s).
As a Client(s) you at all times remain solely responsible (and liable) for the use of your identification information by third parties or for the actions or statements made through your Client(s)’s account, whether these be fraudulent or not.
When arranging to meet another person through use of the Services, you must take appropriate precaution. Any such meetings are at your own risk and are not our responsibility.
You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indentify us against any claims of this kind. For the avoidance of all doubt; we shall not be liable if your identity is used by someone else.
If you feel or suspect that there has been a breach (of any kind) of your account and/or the information displayed on your profile then you must immediately notify us. Furthermore, you should also amend your password.
Article 6. Client(s) Obligation
As a Client(s) you agree not to:
breach any applicable law, regulation or code of conduct through use of the Services
send any aggressive or threatening messages to any other Client(s) either via the site or via any other form of communication
be aggressive, threatening or harmful in any way towards other Client(s) when meeting in person
broadcast or publish in any form whatsoever Client(s) Content, comments or any other content that infringes the rights of others or that is defamatory, injurious, obscene, offensive, violent or can/does incite violence, or is in any way, shape or form racist or xenophobic
make any comment (whether in writing or verbally) that is contrary to the purpose of any of our sites’ current rules and laws in force or to acceptable norms and standards
upload photographs, videos or any other information in terms of data or files supplied by a Client(s) that are indecent
upload photographs, videos or any other information in terms of data or files supplied that do not refer exclusively to the Client(s) or to a third party from whom the Client(s) has expressly obtained consent and are the sole responsibility of the Client(s) concerned
provide email addresses to us of other persons or publish or send any Client(s) Content referring to other persons without having obtained their prior consent
reveal through the Services any information that enables the Client(s) to be personally identified or contacted by means other than through the Services, including last name, postal address, email address or telephone number
use the Services for junk mail, spam, or pyramid or sites The LoveCheck.com / The Lovecheck.nl / DeLoveCheck.nl / Henriette Reineke or fraudulent schemes
Article 7. Client(s) Content
For the avoidance of all doubt it is your responsibility to decide which information to publish or send as Client(s) Content. THE LOVECHECK.COM / THE LOVECHECK.NL / DELOVECHECK.NL / HENRIETTE REINEKE cannot be held liable for any misuse thereof by any other Client(s) or third party.
The information supplied by a Client(s) must be accurate and conform to reality. The consequences of disclosing information on the life of the Client(s) or of other Client(s) are the sole responsibility of the Client(s) concerned.
Consequently, he/she waives all recourse against THE LOVECHECK.COM / THE LOVECHECK.NL / DELOVECHECK.NL / HENRIETTE REINEKE, notably on the basis of any possible damage to the Client(s)’s right to his/her image, the Client(s)’s honor and reputation, or the Client(s)’s privacy, resulting from the dissemination or revelation of information concerning the Client(s) under the conditions foreseen by this Agreement since the Client(s) has given his/her prior, free and express consent to such revelation through his/her Registration with the Service and in application of this Agreement.
We reserve the right not to accept or to suspend or remove from our Services all or part of any profile, personal ad or any other Client(s) Content for any reason we deem fit. We also reserve the right to terminate any Client(s) account for any reason we deem fit.
We are not liable for Client(s) Content or other activities of Client(s) which may breach the rights of other Client(s) or third parties.
Client(s) are urged to notify us of inappropriate Client(s) Content. You acknowledge that such notification may take place and that we may take steps outlined in this Agreement in respect of such information which comes to our attention.
We reserve the right to irretrievably delete messages and other Client(s) Content after any period of time if we exercise any right of termination under this Agreement.
Article 8. Payment Terms
The use of the Paid Services assumes that the Client(s) has a Subscription. Client(s) can acquire a Subscription either by using a credit card (on the Internet or by telephone), or by other payment methods proposed by this site. Subscriptions can be purchased via this site or the smartphone application.
The prices and the terms of payment for the different Paid Services are displayed at all times on this site, including at the point when the Client(s) chooses to make a purchase.
The activation of a Subscription on a Client(s)’s account occurs as soon as, or a few moments after, a valid transaction has been completed (successful online transaction via our payment portal Sisow).
The Client(s) can contact the site at any time to cancel their Subscription. The cancellation will take effect from the expiry date given for the active Subscription, in accordance with Article 9, ‘Termination’, below.
Client(s) can also subscribe to smartphone applications. These applications can be provided by other service providers (such as iTunes or mobile services providers) and therefore may be subject to other payment conditions than those used and available to Client(s) on any of our sites. Any such applicable terms will only apply to one-off purchases and all relevant terms and conditions associated with these payments will be brought to the attention of the Client(s) prior to purchase.
Article 9. Termination
A Client(s) may at any time and without the need to provide any reason end his/her Registration with us by requesting the closure of his/her account in the area of the website designated for such purposes. Such request shall be deemed effective from the first working day after receipt by us of the request for closure of the account concerned. Such a request does not trigger reimbursement of, if appropriate, any time remaining on the Client(s)’s Subscription.
Termination of a Subscription, by a Client(s), shall be effective on the applicable Subscription’s expiration date provided the Client(s) has contacted us at least 48 hours before their Subscription expiration date, otherwise it will automatically renew.
This Article does not apply to reimbursement when cancelling an initial order under Article 3.
Without prejudice to the other provisions hereof, where the Client(s) commits a serious breach of this Agreement, we will terminate the Client(s)’s account without prior notification or warning. Such termination shall have the same effects as a termination by the Client(s).
Without prejudice to the other provisions hereof, where the Client(s) commits a breach of this Agreement, we will terminate the Client(s)’s account seven (7) days after having sent to the Client(s) an email requesting unsuccessfully that he or she comply with this Agreement.
Without prejudice to the other provisions hereof, where we receive reports of a breach of this Agreement, including unacceptable conduct when meeting offline, in person, we may react to such reports and terminate a Client(s)’s account with immediate effect.
Such termination shall take effect without prejudice to any damages that we might claim from the Client(s) or his/her beneficiaries and legal representatives, in compensation of the harm suffered as a result of such breaches.
The Client(s) will be informed by email of the termination, or the confirmation of the termination, of his/her account. Data relating to the Client(s) will be destroyed at his/her request or upon expiration of the legal time period following the termination of the Client(s)’s account.
As noted in herein, Client(s) can also subscribe to smartphone applications. Smartphone applications can be provided by other service providers and therefore may be subject to other termination requirements and provisions. Client(s) are urged to consult their smartphone application for full details.
Article 10. Personal privacy and protection of Client(s) data
Article 11. Intellectual Property
The trademarks (including but not limited to those of the Sites), logos, graphics, photographs, animations, videos and texts featured on the Sites and in our provision of the Services are the intellectual property of THE LOVECHECK.COM / THE LOVECHECK.NL / DELOVECHECK.NL / HENRIETTE REINEKE or its partners and may not be reproduced, used or represented without the express written and signed permission of THE LOVECHECK.COM / THE LOVECHECK.NL / DELOVECHECK.NL / HENRIETTE REINEKE or its partners, under threat of legal action.
The rights of use granted by ourselves to the Client(s) are strictly limited to accessing, downloading, printing and reproduction on all media (hard disk, floppy disk, CD-ROM, etc.) and the use of these documents for private and personal purposes in the scope of, and for the duration of, the Client(s)’s Client(s)hip. Any other use by the Client(s) is prohibited without the express authorization of THE LOVECHECK.COM / THE LOVECHECK.NL / DELOVECHECK.NL / HENRIETTE REINEKE.
In particular, the Client(s) is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever, the Services, or elements comprising any part of the Services, from any of the Sites’ webpages, software or code.
Article 12. Liabilities and Warranties
This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies 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 (including that which may not be excluded or limited pursuant to the Data Protection).
You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.
We shall not be liable for any damage to a Client(s) caused or contributed to by that Client(s), for example by not complying with this Agreement.
Our liability of any kind (including our own negligence) with respect to the Services for any one event or series of related events is limited to five times the total fees payable by you in the twelve months before the event(s) complained of or the sum of USD 250, whichever is higher.
Subject to the foregoing, 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
special, indirect or consequential losses
damage to or loss of data (even if we have been advised of the possibility of such losses)
Article 13. Indemnity
You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this Agreement and/or to your use of the Services.
Article 14. Functioning of the website and Services
The Client(s) must have the skills, hardware and software required to use the Internet or, as appropriate, Internet, (mobile) telephone, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.
We do not guarantee that the LoveCheck Services will function if the Client(s) activates a pop-up killing tool. In this case, the function should be deactivated before using the LoveCheck Service.
We do not guarantee that the LoveCheck Services will be usable if the Client(s)’s Internet Service Provider (“ISP”) 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 website resulting from incorrect hardware, problems experienced by the Client(s)’s ISP or blockages on the Internet networks or for all other reasons outside our sphere of influence. Moreover, due amongst other things to the specifics of their Internet browser, Client(s) connecting through AOL may encounter problems making our sites function properly. Furthermore, smartphone applications are only available to our Client(s) in possession of the smartphone handset and Internet access is required.
Under these above conditions, we do not guarantee that the LoveCheck Services shall function without interruption or error. In particular, the use of our website may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, we shall inform Client(s) prior to maintenance work or updates.
Apple users should use Mozilla Firefox – we do not guarantee optimal functioning of the website when using Safari or Opera browsers.
Please note that up-to-date Adobe Flash software may be required for this website to function properly (download from: http://adobe.com/getflash). Depending on your network configuration (if protected behind a firewall or proxy), connection to our Messenger service may not be possible.
Article 15. Third party websites
We or third parties may provide links on our Site to third party websites. You use them at your own risk. We do not review, recommend or endorse such third party websites, nor are we responsible for their content or any goods or services offered thereon. If in the course of performing a search on our Site you encounter any third party website the use of which would violate applicable law, you must immediately refrain from and/or cease use of such website.
Article 16. Entire Agreement
This Agreement and the pages on the Site to which these terms refer, constitute a contract that governs the relationship between the Client(s) and THE LOVECHECK.COM / THE LOVECHECK.NL / DELOVECHECK.NL / HENRIETTE REINEKE. They cancel and replace any Agreement that may have been made in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of our Client(s).
If any of the provisions of these Terms and Conditions is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect. Furthermore, failure by a party to take action in respect of the breach by the other party of any provisions of these Terms and Conditions, shall not be interpreted as constituting a waiver by said first party of the right to take action in future in respect of such a breach.
Article 17. Amendments
We may modify these Terms and Conditions at any time. The Client(s) will be informed of the nature of these modifications as soon as they are posted on the website. The modifications shall take effect one month after their posting on the website. For Client(s) registered after any modifications have been put online, these modifications shall be immediately applicable, as the Client(s) will have expressly accepted them when the account was opened.
Article 18. Jurisdiction and Applicable Law
This Agreement shall be governed by the law of The Netherlands.
For any questions you wish to ask, you may contact us by completing the contact form on the website.
© Henriette Reineke / The LoveCheck 2014