Terms and Conditions

Terms and Conditions

Matchmaking.lk is a dating and relationships service (the "Service") available to Matchmaking.lk Members via the Internet. The Service allows Members to access the profiles of other Members who have registered. The Service can either be accessed by the Member free of charge or in respect of specified services on payment. The Service that we provide is available only to registered Members. Before you register to become a Member, please read these terms and conditions below carefully, as they form part of a legally binding agreement between Us and You. If you agree to be bound by the following terms and conditions, please tick the box located at the bottom of the registration page, agreeing to the words "I have read the terms and conditions of use of the services offered by Matchmaking.lk and I confirm that I accept them". If you do not agree to these terms and conditions, you should not register as a Member. This constitutes your agreement with Matchmaking.lk with regards to the use of the Service. By registering as a Member and in order to use the Service you agree to be bound by these terms and conditions.

1. Definitions

In these conditions the following words have the following meanings unless the context requires otherwise:

  • 1.1 "Agreement" means the agreement between You and Us incorporating these conditions for the provision of the Service;
  • 1.2 "Intellectual Property Rights" means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered), and other similar rights wherever existing in the world together with the right to apply for protection of the same;
  • 1.3 "Liability" means the Liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
  • 1.4 "Member" means any person whose membership has been accepted by Us and whose membership remains valid for the time being;
  • 1.5 "Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or any other material on the Service, and the phrases "Posted" and "Posting" shall be construed accordingly;
  • 1.6 "Profile" means the section containing details, photographs and/or information about You;
  • 1.7 "Service" means the service provided by Us to You including, but not limited to, Us allowing You to browse the Website, contact and/or be contacted by other Members through the Website and/or Post information on the Website;
  • 1.8 "User" means any person who browses the Website;
  • 1.9 "We, Us, Our" means Matchmaking.lk (at the address specified above);
  • 1.10 "Website" means Our Website at URL www.Matchmaking.lk or such other URL that We may use to provide the Service from time to time;
  • 1.11 "You, Your, Yourself" means the person whose application for membership of the Service is accepted by us.

2. Registration

To become a Member of any of our sites you must be at least eighteen (18) years old. You must complete all of the fields on the 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.

3. Usernames and passwords

3.1 If you register for an account with our website, you will be asked to choose a username and password.
3.2 Your username must not be liable to mislead and must comply with the content rules set out in Section 13; you must not use your account or username for or in connection with the impersonation of any person.
3.3 You must keep your password confidential.
3.4 You must notify us in writing immediately via email if you become aware of any disclosure of your password.
3.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

4. Basis of contract

4.1 This is a legally binding Agreement between You and Us for the provision of the Service.
4.2 These conditions (as amended by Us from time to time) shall govern the Agreement between You and Us to the exclusion of any other terms or conditions and You agree to abide by these terms and conditions (as amended by Us from time to time).
4.3 These conditions (as amended by Us from time to time) supersede all other terms and conditions and shall replace any terms and conditions previously notified to You.
4.4 We reserve the right to vary these conditions at any time. If We vary these conditions, the updated conditions will be posted on the Terms and Conditions page of the Website as soon as the alteration is made.
4.5 Your continued use of the Service after posting of the varied conditions on the Website constitutes your acceptance of the varied conditions and your agreement to be bound by the agreement, as amended.
4.6 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these conditions.
4.7 We reserve the right to monitor and at Our own decision remove for any reason any information, photographs and/or other material Posted by You.
4.8 We reserve the right to refuse to register applications for membership and to terminate memberships at any time.
4.9 We reserve the right to make changes to the Service as required from time to time by law or applicable safety requirements provided that they do not have a material adverse effect on the quality of the Service.
4.10 The Service and the Website is for personal use of individual Members only and may not be used in connection with any commercial activity. Companies and/or businesses or any other commercial organizations may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorised use of the Service or Website including collecting user names and/or Email addresses of Members by electronic or other means for the purposes of sending unsolicited Email and unauthorised framing or linking to the Website will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
4.11 We have no control over the quality, compatibility or safety of Members or over the truthfulness, accuracy or completeness of any Posting on the Website. As we do not review the Postings on the Website, you enter this Agreement in the knowledge that other Members' information, despite the prohibitions set out in these Terms and Conditions, may be inaccurate or deceptive.

5. Price and payment

5.1 The prices for current subscriptions to our Service can be found on the 'Purchase' page which is accessible from the 'Become a Premium Member' links on the Website. The information on that page forms part of this Agreement. These subscription prices may be varied from time to time.
5.2 Our prices are inclusive of any applicable VAT and any details given in relation to exchange rates are approximate only and may vary from time to time.
5.3 You shall pay all sums due to Us under this Agreement by the means of the payment specified in Our Website and without any set-off, deduction, counterclaim and/or any other withholding of monies.
5.4 No payment or refund will be given to you for any downtime in respect of the Service or for your inability to access the Service due to technical problems beyond Our control.

6. Member's obligations

6.1 You will not:

  • 6.1.1 Post Your personal details such as Your telephone number, address and/or Email address or URL in Your Profile or any other information which would allow other Members and/or Users to contact You directly;
  • 6.1.2 transmit and/or Post information, pictures and/or any other material which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or any other parties' rights in (including but not limited to Intellectual Property Rights and/or privacy rights);
  • 6.1.3 use the Service to promote another site, service and/or business in any way including but not limited to Posting any personal Email addresses URL's and/or other personal telephone numbers in Your Profile;
  • 6.1.4 solicit other Members' business, buy or sell products and/or services through the Service;
  • 6.1.5 misuse in any way the Service or any information Posted on the Service;
  • 6.1.6 attempt to gain unauthorised access to any information available on the Service or to any of the networks used in providing the Service;
  • 6.1.7 Post and/or reproduce in any way any information and/or material in which the Intellectual Property Rights belong to another party without first obtaining the prior consent of the owner of such rights;
  • 6.1.8 copy, in whole or in part any of the information on the Website (including, but not limited to any information contained in other Members' Profiles) other than for the purposes provided for in this Agreement;
  • 6.1.9 Post any chain letters and/or junk Email to other Members;
  • 6.1.10 in any way assign, transfer, part with and/or authorise any other person to use, Your membership;
  • 6.1.11 transmit and/or Post and/or Email to another Member any information, pictures and/or any other material, which in the opinion of the site administrator is sexually explicit, racist, abusive, threatening, sexually suggestive, libellous and/or obscene;
  • 6.1.12 transmit and/or Post and/or Email to another Member any information, pictures and/or any other material, which in the reasonable opinion of the site administrator is capable of offending other Users' political and/or religious beliefs.
  • 6.1.13 use any device, software or programs to attempt to interfere with the proper functioning of the Website.

6.2 Without prejudice to the clauses in the "Termination" article, in the event of breach by You of one or more of these rules, We reserves the right to block your accounts, to remove automatically the messages in question, to prevent the publication of all or part of your profile, and/or to block your access to all or part of the Service, temporarily or permanently, without compensation or refund.

7. Cancellation and suspension of account

7.1 We may:

  • (a) suspend your account;
  • (b) cancel your account; and/or
  • (c) edit your account details,

at any time in our sole discretion without notice or explanation. If we cancel any services you have paid for we will not refund to you any previous payments. Your account will be closed and no further payments will be taken.

7.2 You may cancel your account on our website using your account settings page on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 7.2.

8. Match Making services

8.1 To become a subscriber to our website services, you must pay the applicable subscription fees after you have registered for an account with our website. If your upgrade payment is accepted, You will be directed to our upgrade success page, at which point the contract between us for the supply of the website services shall come into force.
8.3 Registered users with appropriate subscriptions will be able to access dating-related services on our website, which may include:

  • (a) unlimited number of messages available to send;
  • (b) view the likes your profile has collected from other members;
  • (c) live chat with other upgraded website users;
  • (d) view profiles in hidden mode;
  • (e) message read status;
  • (f) Upload up to 18 photos to your profile;
  • (g) Filter users so only those with a photo can message you;
  • (h) Remove all adverts from the website;

8.4 We may from time to time vary the benefits associated with a subscription (upgrade) by removing an existing upgrade feature or posting a new upgrade feature on our website. We may do this without prior notice to existing subscribers.
8.5 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically cancelled, unless you renew the subscription and pay the applicable subscription fees.
8.6 Save where expressly requested or permitted by us to do so, you must not add any information to our website that may facilitate direct communications with other users (including without limitation email addresses, postal addresses, instant messaging IDs, telephone numbers, fax numbers, personal website URLs and social networking profile URLs).
8.7 You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 16.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.

9. Report abuse

9.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
9.2 You can let us know by email or by using our contact us form.

10. Personal privacy and protection of Member data

We uphold the strictest of standards with respect to protection of privacy and of personal information, and have made a notification to the UK Information Commissioner, under the no. Z9164413. Please see our Privacy Policy for full details on how we store and use the information you provide to us.

11. Functioning of the website and Services

To use the Services, the Member must have the necessary hardware equipment and software and the necessary parameters required to properly use the website e.g. access to the Internet. Members are also advised to have JavaScript functions, cookies and pop-ups enabled.
The Member must have the skills, hardware and software required to use the Internet or, as appropriate, Internet, telephone and Audiotel Services, 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 Services will function if the Member activates a pop-up killing 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 Member'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 Member'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, Members connecting through AOL may encounter problems making our sites function properly. Furthermore, smartphone applications are only available to our Members in possession of the smartphone handset and Internet access is required.
Under these conditions, we do not guarantee that the 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 Members 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.

12. 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.

13. Amendments

We may modify these Terms and Conditions at any time. The Member 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 Members registered after any modifications have been put online, these modifications shall be immediately applicable, as the Member will have expressly accepted them when the account was opened.

14. Trade marks

14.1 Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
14.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

15. Termination

15.1 A Member 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 Member's Subscription.
15.2 Termination of a Subscription, by a Member, shall be effective on the applicable Subscription's expiration date provided the Member has contacted us at least 48 hours before their Subscription expiration date, otherwise it will automatically renew.
15.3 Without prejudice to the other provisions hereof, where the Member commits a serious breach of this Agreement, we will terminate the Member's account without prior notification or warning. Such termination shall have the same effects as a termination by the Member.
15.4 Without prejudice to the other provisions hereof, where the Member commits a breach of this Agreement, we will terminate the Member's account seven (7) days after having sent to the Member an email requesting unsuccessfully that he or she comply with this Agreement.
15.5 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 Member's account with immediate effect.
15.6 Such termination shall take effect without prejudice to any damages that we might claim from the Member or his/her beneficiaries and legal representatives, in compensation of the harm suffered as a result of such breaches.
15.7 The Member will be informed by email of the termination, or the confirmation of the termination, of his/her account. Data relating to the Member will be destroyed at his/her request or upon expiration of the legal time period following the termination of the Member's account.
15.8 As noted in herein, Members 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. Members are urged to consult their smartphone application for full details.

16. General

16.1 All third party rights are excluded and no third parties shall have any right to enforce this Agreement. This shall not apply to members of Our group who shall have the right to enforce this Agreement as if they were Us. Any right of a third party to enforce this Agreement may be varied and/or extinguished without the consent of the any such third party.
16.2 You do not have the right to assign this agreement or any of Your rights to the Service. We have the right to assign any or all of Our rights and duties under this agreement or to the Service to any third party. At Our election, if Our rights are assumed by a third party, We shall be relieved of any and all liability under this agreement.
16.3 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
16.4 This Agreement contains the entire agreement between You and Us. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.