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The services at [www.bar4fun.com]
and [www.bar4fun.co.uk] ("Bar4Fun")
are provided to you("You/Your") by Bar4Fun
Limited ("We/Our/Us"). Our VAT Registration
number is [832 2495 34].
These Terms and Conditions
govern Your use of and access to Bar4Fun. In using
Bar4Fun You will be deemed to have accepted these Terms
and Conditions and You must therefore make sure that
You have read these Terms and Conditions carefully.
If You do not agree to these Terms and Conditions then
You must not use or access Bar4Fun.
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1.1 Bar4Fun
is a dating service that allows users ("Bar4Fun
Users") to meet and chat online with other
Bar4Fun Users in a virtual bar environment. You
are also able to buy another Bar4Fun User a virtual "drink" ("Drink")
by clicking on the "Buy Drink" icon
on the site and following the notified steps to complete
the transaction.
1.2 When
You buy another Bar4Fun User a Drink, You are agreeing
to transfer real money to that other Bar4Fun
User from Your Bar4Fun account ("Your Account").
A Drink can be purchased for another Bar4Fun User either
as:
(1) a "Dink4Gift" (i.e.
You are simply agreeing to buy them a Drink and thereby
send them cash value with no further obligation); or
(2) a "Drink2Chat" (where,
in exchange for the Drink, the receiving Bar4Fun User
agrees to talk with the buying Bar4Fun User privately
online via Bar4Fun for a period of not less than five
minutes. If a Bar4Fun User who has agreed to accept
a Drink to Chat closes their dialogue box during the
course of the allocated five-minute period then the
Drink will be returned to the buyer's Account).
For
full details on how to buy a Drink and what You get
in return see the Bar4Fun FAQs.
Please note the restrictions on Our control of other
Bar4Fun User's commitment where You buy them a Drink
as set out at paragraph 6.
1.3 For
details regarding Your Account and payments see paragraph
4 below.
2.1 You
must be 18 years of age or over to use Bar4Fun.
If We discover or have reason to suspect that You are
not over 18 years, then We reserve Our right to bar
or terminate Your Bar4Fun account facilities immediately
and without notice.
3.1 Upon registration,
You will select a Password and Bar4Fun User Name that
You can use to access Your Account and Bar4Fun User
profile. We will then send You, by email, a validation
code which You will need to use when You access Your
Account (See paragraph 4 below for details on Your
Account) for the first time.
3.2 You are responsible
for maintaining the confidentiality of Your Password
and Bar4Fun User Name and are responsible for all activities
that occur under them. We do not have the means to
check the identity of people using Bar4Fun and will
not be liable where Your Password or Bar4Fun User Name
are used by someone else.
3.3 You agree to
notify Us immediately of any unauthorised use of Your
Password or Bar4Fun User Name or any other breach of
security of which You become aware.
4.1 You
do not have to be a registered Bar4Fun User (i.e. to
have opened Your Account) to search for other Bar4Fun
Users on the site. You must be registered however in
order to e-mail, chat, purchase or receive Drinks.
There is no charge for using any of the Bar4Fun services
other than the charges connected with making deposits,
withdrawals and buying Drinks as set out below. You
can register at any time by clicking on the "Join
the Bar" link on the Bar4Fun Home Page.
4.2 When
You register with Bar4Fun, an account will be set up
for You. You can deposit money into Your Account via
our third party payment provider (see below) and use
funds used in Your Account to buy Drinks for other
Bar4Fun Users and withdraw any funds held in that Account
subject to paragraph 4.5.
4.3 Depositing
Funds into Your Account
4.3.1 Payments
into Your Account can be made by most major credit
or debit cards via our third party payment provider
Worldpay. Payment will be debited from Your credit
card account when You press "Make Payment" to
pay monies into Your Account.
4.3.2 You
will be charged commission on all payments into Your
Account as follows:
· Deposit
of £2.00: 50
pence commission charge
· Deposit
of £5.00: 25
pence commission charge
· Deposit
of £10.00 or more: No
commission charge
This commission
is charged by us in order to cover the commissions
applied for processing your transaction with Worldpay
and Our administration charges.
4.3.3 You
confirm that the debit or credit card that is being
used is Yours. All debit/credit cardholders are subject
to validation checks and authorisation by the card
issuer and delays in deposits or payments may arise
and may vary according to the card that You are using. If
the issuer of Your card refuses to authorise payment,
or We or Our agents or third party payment provider
are unable to contact Your card issuer, We will not
be liable for any delay and We are not obliged to inform
You of the refusal.
4.3.4 We
are not responsible for Your card issuer or bank charging
You as a result of the processing of Your debit/credit
card payment in order to use Bar4Fun.
4.4 Buying
Drinks
4.4.1 For
Our latest Bar4Fun "Drinks Menu" that
sets out all of the current Drinks prices Click
Here. The price of the Drink that You purchase
will be confirmed to You before and after You press "Submit" to
buy a Drink whether as a Drink4Gift or Drink2Chat.
For details on the currency that may be used to make
a payment, please refer to the Bar4Fun FAQs.
4.4.2 When
You buy a Drink, You will automatically be agreeing
to pay 20% of the Drink's cost to Bar4Fun ("Barman's
Tip") plus VAT and the remainder of the value
to be paid to the other Bar4Fun User. All Drinks Menu
prices listed include the Barman's Tip and all VAT.
4.4.3 You
must ensure that You have checked and agree to the
Drinks transfer and purchase price and that You have
checked the User Name of the other Bar4Fun User to
whom You want the Drink to be sent before You press "Submit".
We will not provide a refund to You where You change
Your mind or where You input information incorrectly
after You have confirmed Your Drinks order and pressed "Submit".
4.4.4 If,
when You have bought a "Drink2Chat" (see
paragraph 1.2 above for details) for another Bar4Fun
User, they close their dialogue box during the agreed
five minutes chat time after having agreed to receive
the Drink to Chat, then Bar4Fun will automatically
transfer the full value of the Drink (therefore including
the Barman's Tip and VAT) back to Your Account. For
more details regarding the operation of Drinks2Chat,
please refer to the Bar4Fun FAQs .
4.5 Withdrawing
funds from Your Account
4.5.1 You
can withdraw monies from Your Account at any time by
clicking on "My Credit" and following the
steps set out therein. You will be required to type
in Your Password and Bar4Fun User Name before any funds
can be withdrawn. For fraud and security reasons,
You are not able to withdraw funds to Your credit card.
Withdrawals must be to an account held in the same
name given on registration and all withdrawals are
processed via our third party payment provider (PayPal)
and will be sent to the email address that You register
with Bar4Fun. It is therefore essential that You
register the same email address with Bar4Fun as You
do with PayPal. It is Your responsibility to notify
us and PayPal of any changes to this email address.
4.5.2 Please
note that You can not withdraw any sum from Your Account
under the value of £7.50. A 2% handling fee is
charged on all withdrawals to cover our administration
charges and any charges payable to our third
party payment provider, PayPal.
4.6 Other
4.6.1 Any
amounts mistakenly credited to Your Account remain
Our property and will be deleted from Your Account
as soon as such mistake comes to Our attention. Any
such monies withdrawn by You will constitute a debt
to Us owed by You.
4.6.2 We
will not extend credit for Your use of Bar4Fun.
4.6.3 The
current balance of monies contained in Your Account
will be displayed on Your Account homepage. You
can view this balance at any time by clicking on the "My
Credit" link.
4.6.4 Transfers,
deposits and withdrawals of funds via Bar4Fun are processed
by a third party payment provider who may impose additional
terms and conditions.
4.6.5 For
queries on payments and Your Account, please see the
Bar4Fun FAQs section.
4.6.6 We
use a third party payment provider who may impose additional
terms and conditions.
5.1 You
agree that in using Bar4Fun You will not:
5.1.1 email,
transmit or otherwise disseminate any content (including,
text, photographs or other images) which is defamatory,
obscene, in breach of copyright, vulgar or indecent
or may have the effect of being harassing, threatening,
abusive or hateful or that otherwise degrades or intimidates
an individual or group of individuals on the basis
of religion, gender, sexual orientation, race, ethnicity,
age or disability, or that is illegal;
5.1.2 transmit
on Bar4Fun, personal data regarding another Bar4Fun
User including, without limitation, their email, address
or other contact details that would enable another
Bar4Fun User or third person to contact them without
utilising Bar4Fun or with their express consent;
5.1.3 use
Bar4Fun in any way that may lead to the encouragement,
procurement or carrying out of any criminal activity
including canvassing, prostitution or soliciting;
5.1.4 use
Bar4Fun for any purpose other than Your personal use;
5.1.5 use
Bar4Fun to impersonate any person or entity (including,
but not limited to, any of Our employees or representatives)
nor falsely state or otherwise misrepresent Your affiliation
with a person or entity; or
5.1.6 cause
any part of Bar4Fun to be interrupted, damaged or otherwise
impaired.
5.2 The
trade marks, logos, graphics, photographs, animations,
videos and text appearing on the Bar4Fun Site are Our
intellectual property and cannot be reproduced, used
or displayed without our express authorisation and
are only provided to You for Your personal use only
when using Bar4Fun.
5.3 You
are prohibited from editing, communicating to the public,
copying, duplicating, downloading, broadcasting, passing
on, commercially exploiting and/or distributing in
any way the services, web pages of the Bar4Fun Site
or the computer codes of elements comprising the Bar4Fun
services and website.
6.1 We
have no responsibility or control over the contents
of communications made by or between Bar4Fun Users
and can not be held liable for any contents of or
consequences of such content. You must be aware that
any information provided by another Bar4Fun User
may be incorrect or misleading and it is Your responsibility
to take precautions and use common sense when using
Bar4Fun and providing any information to another
Bar4Fun User. You may find other Bar4Fun Users' use
of Bar4Fun offensive, harmful or deceptive. If You
have any complaints regarding another Bar4Fun User
then You should use the Complaints Process set out
below.
6.2 Where
You buy a Drink to Chat (see paragraph 1.2 above for
details) for another Bar4Fun User, other than monitoring
whether the Dialogue box of the receiving Bar4Fun User
remains open for the agreed five minute period where
they have agreed to receive the Drink2Chat, We do
not have any control over whether or how the receiving
Bar4Fun User actually communicates with You during
that five minute period. If You have any complaints
regarding another Bar4Fun User then We cannot provide
a refund or compensation and Your only redress will
be via the complaints process set out in paragraph
7 below.
6.3 Nothing
in these Terms and Conditions shall exclude or limit
Our liability for fraudulent misrepresentation or for
death or personal injury resulting from Our negligence
or the negligence by Us, Our employees or agents.
6.4 To
the fullest extent permissible by law, We disclaim
any and all warranties of any kind (whether express
or implied) in relation to Bar4Fun and any items accessed
or purchased by You via Bar4Fun or a third party provider.
Your statutory rights as a consumer (including Your
right to receive a reasonable standard of service)
are not affected.
6.5 Our
liability in tort, contract, negligence, pre-contract
or other representations or otherwise arising out of
or in connection with Bar4Fun and/or these Terms and
Conditions shall be limited in aggregate to the net
payment to Us from You (as opposed to another Bar4Fun
User or third party via Bar4Fun) in any 1 month period.
6.6 We
do not accept any liability for damage to Your computer
system or loss of data that results from Your use of
Bar4Fun and We cannot guarantee that any files that
You download are free from viruses, contamination or
destructive features.
6.7 Whilst
We use all reasonable endeavours to correct any errors
or omissions as soon as practicable once they have
been brought to our attention, We do not warrant that
Bar4Fun will be available uninterrupted and in a fully
operating condition nor that the information on Bar4Fun
itself will be free from errors or omissions.
6.8 Access
to Bar4Fun may be suspended temporarily and without
notice in the case of system failure, necessary maintenance
or repair or for reasons reasonably beyond Our control.
6.9 All
content and services on Bar4Fun are provided on an
'as is' and 'as available' basis. We do not make
any representation or give any warranty in respect
of Bar4Fun or its content, including, without limitation,
any advice given (on a personal or general basis) and
statements made by advertisers on or via Bar4Fun. Any
decisions or action taken by You on the basis of information
provided on or via Bar4Fun is at Your sole discretion
and risk.
6.10 In
the event that Our third party payment provider terminates,
amends or suspends its service to Us, we will use our
reasonable endeavours to reconnect the service and
any outstanding transactions as soon as possible, but
You acknowledge that some delays may occur and we reserve
the right to change the payment arrangements from time
to time, including where required to do so by Our current
third party payment provider. Any such changes will
be notified to You on the Site.
7.1 If
You have any other specific complaints about another
Bar4Fun User or any other aspects of Bar4Fun then You
can contact Us at anything@bar4fun.com. Please note
that We are under no obligation to take any action
against a User unless required by law.
8.1 You
warrant that:
8.1.1 You
are over 18;
8.1.2 all
information and details provided by You to Us (including
on registration) are true, accurate and up to date
in all respects and at all times (note that You can
update or correct Your personal details at any time
through amending Your Account details); and
8.1.3 You
will undertake to comply with the restrictions on Your
use of Bar4Fun as set out in paragraph 5 and all other
Terms and Conditions set out herein.
8.2 You
agree to indemnify and hold Us harmless from any claim
or damages (including any legal fees in relation to
same) made by a third party in respect of any matter
in relation to or arising from Your use of Bar4Fun
including any breach or suspected breach of these Terms
and Conditions or Your violation of any law or the
rights of a third party.
9.1 A
Bar4Fun service transaction commences the moment that
You click "Make Payment" to deposit
funds into or by clicking "Cash out 2 me" to
withdraw funds from Your Account or to purchase a Drink4Gift
by clicking "Submit". This means You
will not be able to make any cancellation or to obtain
a refund in relation to such transaction.
9.2 You
may cancel any Drink2Chat that You may purchase only
up to the point at which the Bar4Fun User chooses to
Accept Your Drink2Chat. It is your responsibility to
cancel your pending Drink2Chat before it is accepted
or declined by another User by clicking the “Cancel” link
on the confirmation of drink2chat purchase pop up when
displayed or in the instant message window when displayed.
A pending Drink2Chat can always be cancelled in the "Drink
status" located in "My Bar". In certain
circumstances where the other Bar4Fun User accepts
the Drink2Chat immediately, You will not then have
a right to cancel since the Drink2Chat will be provided
straight away. For more details, see the Bar4Fun FAQs.
10.1 You
can terminate Your Account at any time by using the "Contact
Us" link located within "My Bar" and
sending us an e-mail requesting termination. You must
follow the steps confirmed to You by email when You
request a termination in order to withdraw monies from
Your Account. Failure to follow such steps will mean
that You will be deemed to agree to the transfer of
such monies to Us. Any withdrawal of monies on termination
is subject to the provisions of paragraph 4.5 above.
10.2 We
reserve the right to terminate or suspend Your account
where:
10.2.1 You
have not used Bar4Fun services for a period of six
months or more; or
10.2.2 We
have reason to believe or suspect that You are acting
in breach of these Terms and Conditions; or
10.2.3 otherwise,
where required to do so by law.
10.3 If
We see fit to terminate Your Account or other access
to use of Bar4Fun pursuant to these Terms and Conditions,
We reserve the right to cancel any Drink transactions
underway at Our discretion. If You are the receiving
Bar4Fun User of such a Drink, You consent to Our right
to cancel such Drinks transfer. On such termination,
all monies held in Your Account will be returned to
the account that You have registered with Us
subject to a handling fee of 2% and such other amounts
as We deem appropriate at Our discretion to withhold
as compensation for any breach or suspected breach
by You.
11.1 You
must read Our Security and Privacy
Policy which contains important information about
the use of Your personal data other information regarding
Your Privacy and Our Security Processes and policies.
12.1 We
are constantly looking for new ways to improve Bar4Fun
and to enhance Your experience. We therefore reserve
the right to amend and develop Bar4Fun at any times
including, without limitation, the Drinks Menu and
these Terms and Conditions. All such changes will take
effect once they have been posted on the Bar4Fun website
and You will be deemed to have accepted any such changes
forthwith from such point. If You do not accept any
changes made, then You can exercise Your right of termination
under paragraph 10 at any time.
13.1 Each
provision of these Terms and Conditions shall be constructed
separately and independently of each other and the
invalidity of any one part shall not affect the validity
of any other part.
14.1 These
Terms and Conditions shall be governed by the laws
of England and You agree to submit to the exclusive
jurisdiction of the Courts of England and Wales.
15.1 You
may contact Us by email at anything@bar4fun.com. Only
correspondence sent to this email address will be responded
to by Us at Our discretion.
15.2 Bar4Fun
is a limited liability company registered at The Kings
Mill Tax Practice, 75 Park Lane, Surrey, CR9
1XS, UK .
Click
Here to return to the Bar4Fun Home Page.
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