1.1 The present general terms of the contract (hereinafter, "GENERAL TERMS") contain the terms and conditions governing the provision of the LooveDate Service (hereinafter also the "Service") available on the site www.loovedate.com (hereinafter the "Site"). The GENERAL TERMS are agreed upon by You, as User of the services (hereinafter, "You"or"User") and the Company Iumob S.r.l., via Comelico 3, 20135 Milano, VAT number IT07048770965 (hereinafter, "LooveDate" or the "Company", and jointly with the User, the "Parties"). The present GENERAL TERMS govern and regulate the Service provided by the Company to the User by means of the Site, cancel any previous provision between the Parties not expressly cited or attached, and constitute the set of rights and obligations between the Company and the User. The Site aims to facilitate communication between Users in order to facilitate the emergence of new friendships.
3.2 Purchase of Subscription
3.2.1 The Site includes some services that can only be accessed upon payment of the Rate Plans and acquisition of the Subscription. The User acknowledges and agrees that he will have the chance to use the Subscription Services of the Site only upon purchase of the Subscription. The User acknowledges and agrees that the Services will be activated following payment of the Subscription. The costs of the various subscription types are shown on the purchase pages and will be viewed by the User before each payment. The User expressly acknowledges and accepts that the Company may change the costs of the types of subscriptions at any time, also with reference to Users already registered and / or subscriptions in progress.
The User expressly acknowledges and accepts that, at the time of each payment made through the Site, together with the amount indicated on the purchase pages, sales tax (or other similar taxes that may be applicable to a specific payment, except where these are not provided for) will also be charged, calculated on the basis of the information provided by the User directly and/or indirectly (by way of example but not limited to, through the IP address or information relating to the means of payment used). The amount of taxes paid will in any case be clearly indicated in the summary of the purchase.
The User authorises the Company to charge the total of the above-mentioned amounts. Costs may vary based on current promotions and special offers. The proposed subscription plans all include automatic renewals upon expiry of the relative Contract.
In order to correctly identify the taxes to be charged, Users further expressly acknowledge and accept that (i) Users that are ordinarily resident outside the European Union may only purchase paid services in the country in which they ordinarily reside, while (ii) Users that are ordinarily resident in the European Union may only purchase paid services within the European Union. If paid services are subject to sales taxes under these GENERAL TERMS in the country to be considered for taxation purposes and the User has failed to pay them by not providing correct information on the country from which the purchase takes place, the User shall be liable for their payment and for any penalties, outstanding payments or interest due to the competent tax authorities.
The types of Subscription available with automatic
renewal are indicated, and are as follows:
The subscribed User has access to a dashboard in the Profile, in which there is a summary of the status of the Subscription, through which he/she can manage payment methods.
3.2.2 The contract entered into by the Company and the User shall be deemed to be concluded with the Company's acceptance, full or partial, of the order. By placing an order in the various ways provided, the User declares he/she has read all the information provided herein and/or during the purchase procedure, and fully accepts the general and payment terms and conditions given below. If the User is a consumer (i.e. a natural person who registers for purposes that do not relate to his or her professional activity meaning that he/she does not make the purchase by indicating on the order form a VAT number as defined in Article 3, paragraph 1, letter a) of the Italian Consumer Code - hereinafter the "Consumer"), once the online purchase procedure has been completed, the Company shall send him or her by e-mail, inter alia, the link to these Conditions, which the User shall print or save and in any case preserve, in accordance with the provisions of the current Italian Consumer Code. All rights of the User shall be excluded for damages or indemnification, as well as any contractual or extra liability for direct or indirect damage to persons and/or property caused by the Company's full or partial non-acceptance of an order.
3.2.3 Purchase methods. The User can purchase the Subscription Services through the Site. The correct receipt of the order is confirmed by the Company through a receipt that will be available in the payment area of the user profile. This confirmation message will contain, in addition to the link to these Terms of Sale, the Date and Time of execution of the order and a 'Customer Order Number', to be used in any further communication with the Company. The message repeats all the data entered by the User who undertakes to verify its correctness and communicate any corrections to make promptly, according to the methods described herein. In the event of non-acceptance of the order, the Company will communicate the decision to the User in a timely manner.
3.2.4 Right of withdrawal. By registering for Subscription Services, the User expressly declares and agrees to waive the right of withdrawal in accordance with Art. 59 of the Italian Consumer Code which states: "The right of withdrawal provided for in Articles 52 to 58 for distance and off-premises contracts is excluded in respect of [...] o) the supply of digital content by means of a non-material medium if the performance has begun with the consumer's prior express consent and his acknowledgement that, if so, he would have lost his right of withdrawal".
3.2.5 Conditions for purchases.
Website purchases can be made via following payment methods: Credit Card or Debit Card. After purchasing, the User authorises us to use the chosen payment method. In the event of registration to the Service via Credit Card payment or Debit Card, upon the conclusion of the online transaction, the reference bank will authorise only the amount relating to the purchase made. The relative amount will actually be charged to the credit or debit card(s) entered by the User when registering or at a later time, these can be managed/viewed completely independently by the User in the appropriate section of the Site. The card update procedure may require card verification with a possible charge of €1. The method of payment can be made via single payment for the entire amount or for a portion thereof through multiple payments until the total amount of the purchased subscription is paid off (the amount of these fractional charges are €2.49, €4.99, and up to a maximum of €9.99). In the event of cancellation of the order, if the Company does not accept the order, the Company will promptly request the cancellation of the transaction and release of the committed amount. For some card types, release times depend exclusively on the banking system, and can arrive at their natural expiration (24th day after the authorisation date). Once the transaction has been cancelled, the User acknowledges and expressly agrees that in no case can the Company be held liable for any damages, direct or indirect, caused by a delay by the banking system in the failure to release the amount committed. The Company reserves the right to request additional information from the User (e.g. landline phone number) or to send copies of documents proving ownership of the Card or other payment methods used: In particular, the User hereby acknowledges and accepts that the Company may be required, on the basis of the agreements with the banks providing the payment systems, as well as by virtue of the regulations in force, to verify that the User is the actual owner of the means of payment that he/she declares he/she intends to use for the purposes of payment of the Fees. In the absence of the required documentation, the Company reserves the right to refuse the order. At no time during the purchase process is the Company able to know the information relating to the buyer's credit card or other payment methods, transmitted via secure connection directly to the Site of the bank managing the transaction. These data will not be kept in any of the Company’s archives. Under no circumstances can the Company be held liable for any fraudulent or improper use of credit cards or other payment methods by third parties at the time of payment. For further information on the processing of the purchaser's credit card or other payment methods information, please read the policy provided by the bank.
3.3 Automatic renewal of the Subscription. The User who has made the payment via credit or debit card acknowledges and expressly accepts that upon expiry of the scheduled period, the Subscription will be automatically renewed under the same purchase terms, barring ongoing promotions. The User can prevent the automatic renewal directly from his/her Profile section by sending a notice of termination, to be communicated through the contact form or by calling the number +39 0809080028, within the following times:
The User acknowledges and accepts that it is necessary to indicate the username or e-mail address used during registration, otherwise the cancellation request is void, as it does not allow the User to be identified. The User therefore expressly accepts and authorises the LooveDate manager to automatically renew the subscription - and continue with payments according to the method chosen by the User when purchasing the subscription plan, without the User having to re-enter the details of their payment method - in the absence of cancellation as per the terms and conditions herein. In the event that the full amount is not available on the chosen payment method, payment of the Subscription will be subject, where necessary, to an instalment payment based on the amount of liquidity on the payment method.
3.4 On Demand Purchases
The User may make On Demand purchases in order to benefit from packages of credits to be used for specific functionalities within the service, depending on the service functionalities chosen, there will be spending the corresponding number of credits. The User can check the number of credits remaining at any time by accessing the settings page.
3.4.1 On Demand Purchases with Credit Card or debit card.
The User may make On Demand Purchases whether they have already purchased a subscription or are using the service without a subscription.
On Demand Purchases for Users with an active Subscription. The User can add to the services included in the chosen subscription plan with credit package purchases. The credit packages usable in the Site chat is an example of this category. The User who has fully used the credits included in the chosen subscription plan will be able to purchase others in On Demand mode. When signing up for the subscription plan, the User also authorises any charges for On Demand purchases to go onto the credit card or other payment method entered during registration or at a later stage. Credits purchased On Demand and not used during the period of validity of the subscription will be lost, and are not cumulable, transferable and refundable.
On Demand Purchases for Users without an active Subscription. Even without an active subscription, the User may purchase packages of credits to use specific functionalities of the Site. Making the first On Demand purchase, the User authorises any subsequent charges for other On Demand purchases to be made to the same credit card. Credits purchased in On Demand mode will remain valid as long as the User has an active profile, are not cumulable, transferable and refundable.
3.4.2 With PayPal, Apple Pay and Google Pay payment method it is only possible to purchase credit and/or message packages. The costs of the various package types are shown on the purchase pages, and will be shown to the User before each payment. The User expressly acknowledges and accepts that the Company may change the costs of the types of packages at any time, including for already registered Users.
The User authorises the Company to charge the total of the above-mentioned amounts. Costs may vary based on current promotions and special offers. The proposed credits or messages packages do not include automatic renewals and do not expire.
In case of purchases using PayPal account as a method of payment, the transaction will be handled by PayPal and the User’s account will be charged with the amount related to the purchase made on the website. The User will be able to manage the account and the associated payment methods directly from his/her PayPal account.
In case of purchases using Apple Pay, the amount related to the purchase made on the site will be charged to the credit or debit card that the customer has saved in their Apple Pay Wallet. The user can manage the cards linked to Apple Pay directly through the Wallet app on their device.
In case of purchases using Google Pay, the amount related to the purchase made on the site will be charged to the credit or debit card that the customer has saved in their Google Pay Wallet. The user can manage the cards linked to Google Wallet directly through their Google Wallet profile.
The User who has purchased a package of credits or messages has access to a dashboard in the Profile, in which there is a summary of the purchase.
3.5 The User acknowledges and agrees that LooveDate reserves the right to propose different rates or free access to certain User categories, or in the event of particular commercial promotions that may be take place, even by means of dedicated codes and/or specific targeted marketing initiatives. This category of special offers includes the Plus promotional packages. With this type of package, the User is periodically entitled to have double amount of credits on a regular basis compared to the packages priced at 2,99€ and 4,99€.
The price and payment methods for the various Services are constantly available on the LooveDate Site and can be viewed prior to use of the Services to which the User wishes to subscribe, and prior to the use of the related Rate Plans.
3.6 The User acknowledges that for each purchase made on the Site, referred to in paragraphs 3.2 and 3.4 of this information, regardless of the payment method used, an order receipt will be generated at the same time as the payment. The receipt will indicate the order number, details of the payment method used, the cost and the summary of the product purchased. This receipt will be uploaded to the user profile in the "Payments" section and can be consulted at any time.
3.7 The User on the Site shares Contents, and recognises and accepts that other Users can view and interact with those Contents. With our Services you can send messages and share information in various ways, such as through the User Profile, links, Status and messages. The information and content that the User shares or publishes can be seen by other users registered with the Site.
3.8 The User can search for other Users through the Search and Advanced Search functions. Advanced Searches are reserved for users who have signed up for a Subscription, and requires the selection of more than one parameter when searching for other Users.
3.9 The User acknowledges and expressly agrees to use the Site, any mobile applications and emails to receive important communications from LooveDate. These GENERAL TERMS also apply to mobile applications. Furthermore, the User agrees that some additional information - such as Contents - may be shared with LooveDate. The User acknowledges and expressly agrees that if the contact information provided to LooveDate is not up to date, he/she may lose the aforementioned communications. The User agrees that LooveDate may send notices in the following ways: (i) a banner notice appearing in the Services, or (ii) an email sent to an address provided by the User, or (iii) by other means, including the mobile phone number, landline phone or traditional mail. The User agrees to keep his/her contact information up to date.
3.10 The User acknowledges and agrees that if he/she infringes the law, third party rights or these GENERAL TERMS, LooveDate may at its complete discretion suspend or interrupt provision of the Services to the User, close the User's account, prevent access to the Site or take any other action needed to protect LooveDate's existing or potential rights and interests. Furthermore, LooveDate reserves the right to cancel or suspend the User 's account if it is not used for more than six months. LooveDate is not obliged to publish any information or content on the Services, and is entitled to remove such information at its sole discretion, with or without notice.
3.11 the Company reserves the right to delete the information and content that the User has published in breach of these terms and conditions. The Company reserves the right to suspend or interrupt the Services or change and modify them at its discretion. LooveDate is not a data storage service. The Company reserves the right to delete Users' messages when 6 months have elapsed since their submission. The User accepts that the Company has no obligation to keep, maintain or provide a copy of any content or information that the User or other persons has provided in breach of these terms and conditions, except to the extent required by applicable law and as indicated in the Privacy Policy.
3.12 The Service aims to ensure the present GENERAL TERMS are complied with, and to exclude from the Service anyone who, by undersigning them, use it in a different way. If you believe that a profile is fake, or if you receive incorrect messages from another User, such as spam, advertising, vulgar or threatening messages, inappropriate content, an invitation to use pay phone numbers and similar, please report the problem by clicking on the link "Block User" present on the profile of the User you wish to report. If LooveDate Users do not comply with these GENERAL TERMS, or if anomalies are reported regarding use of the Service, in particular regarding Contents, LooveDate staff perform a check, which might lead to the User being included in the 'Banned' category. If a User is included among banned Users, the message "you have been banned for violating LooveDate's terms and conditions" will be displayed when you attempt to log in, and will therefore not be able to access the Site. The User may also contact staff through the contact form to ask for explanations and report the error. If Staff detect an error, the status of the User will be immediately restored, otherwise the User will be permanently deleted from entry in the relative category. The User expressly acknowledges and accepts that the Company may use, in the event of direct and/or indirect reports, or the receiving of Content by the Company, a combination of automated reporting systems and the intervention of moderators to check and verify the presence of Content that violates these GENERAL TERMS into accounts and messages. Although the Company reserves the right to review and remove any Content that violates the GENERAL TERMS, such Content are under the sole responsibility of the User who posts it. The Company cannot guarantee that all Content present on the Website from time to time complies with the GENERAL TERMS. In any case, if the User notices any Content on the Site that violates the GENERAL TERMS, he or she is requested to report it through the channels indicated in this article 3.12.
5.1 The User acknowledges and
expressly accepts that:
5.3 The Company is not necessarily affiliated with any website to which links exist on the Site, and is not responsible in any way for the content of said websites. These links are created solely for the convenience of Users, and access to these sites is at the risk and peril of the Users themselves. A link from the Site to any other website does not imply that the Company endorses, supports or recommends that website in any way, or has any control over any aspect of that website's content.
5.4 The relations or communications made by the User through the Site with any third party other than the Company are deemed to be exclusively between the User and the third party. Some sections of the Site may provide links to websites that make it possible to effect transactions or purchase goods or services. These operations may be conducted by third-party partners or by vendors. Under no circumstances shall the Company be liable for any goods, services, resources or content made available through such relationships or communications with such third parties, or for any related damage. The User is wholly liable for carefully monitoring the practices and policies adopted by said third parties before entering into any transaction. Any complaints or questions raised by the User regarding materials or information provided by third parties must be sent directly to such third parties.
The Company respects and protects the privacy of its Users.
The Company processes the User’s personal data exclusively in the manner and for the purposes indicated in the Privacy Policy.
In particular, The Company will not process the User’s data for marketing purposes and/or sending commercial communications and/or direct sales without having obtained your prior express consent.
The User accepts that the Company reserves the right to access, store, use and process all information it provides in accordance with the terms of the Privacy Policy.
We also remind you that, by accessing your personal area on the Site, you may correct or update your personal data at any time
7. TRANSFER
8. DURATION AND SURVIVAL OF CLAUSES
8.1 These GENERAL TERMS come into force from the Effective Date, will remain in force for a period of 1 (one) year from that date and will be automatically renewed for subsequent periods of one year each, unless one Party communicates to the other Party by registered letter with advice of receipt the User's intention not to renew the GENERAL TERMS at least 30 (thirty) days prior to the deadline for each renewal.
8.2 The following articles of the GENERAL TERMS shall remain valid and effective even after the conclusion of these GENERAL TERMS: art. 4 (User Declarations and Guarantees); art. 5 (Liability); art. 11 (Applicable Law and Jurisdiction); art. 13 (General Clauses).
9. WITHDRAWAL
Without prejudice to Article 3.2.4, each Party may withdraw from these GENERAL TERMS at any time, by simple written communication to the other Party, giving at least 5 (five) days' notice. It is understood that, also in the event of withdrawal, the Company reserves the right to cancel or suspend the User's Profile. Upon withdrawal from these GENERAL TERMS by the User, the Company reserves the right to withhold the sums already paid for unused Rate Plans, without prejudice to the provisions of article 3.3 above.
10. TERMINATION
Without prejudice to the other provisions provided elsewhere in these GENERAL TERMS, if the User breaches Articles 3.2, 4 or 7 of these GENERAL TERMS, the Company reserves the right to suspend the User's Profile and, if necessary, to terminate the GENERAL TERMS as of right, upon simple notification (by e-mail) that the Company wishes to apply this clause. This termination will be with full title, without prejudice to the Company's right to take action against the User or his/her assignors to obtain compensation for any damage suffered as a result of improper use of the Service. The data regarding the User will be destroyed immediately upon his/her express request or in any case by the Company within the period provided for by the applicable legislation and necessary for the protection of the interests of the Company and/or the other Users.
11. APPLICABLE LAW AND JURISDICTION
11.1 These GENERAL TERMS are entirely governed by Italian law.
11.2 Without prejudice to norms protecting consumers in the matter of competent court, any dispute arising between the Parties in relation to the validity, interpretation, execution and termination of these GENERAL TERMS and/or in any case in connection with these GENERAL TERMS will be the exclusive competence of the Court of Milan, with the exclusion of any other competing or alternative court.
12. AMENDMENTS
13. GENERAL CLAUSES
13.1 Any tolerance on the part of the Company towards the User 's behaviour that breaches any provision of the GENERAL TERMS does not constitute a waiver of the rights deriving from the violated provision, nor of the right to demand the correct fulfilment of all the provisions contained herein.
13.2 Any failure or delay in exercising a right pertaining to LooveDate pursuant to the GENERAL TERMS shall not be considered as a waiver of its rights.
13.3 The GENERAL TERMS contain the overall agreement reached by the Parties with respect to their subject matter, and they prevail over all previous communications, declarations and agreements, both oral and written, reached by the Parties.
13.4 If any term or other provision of these GENERAL TERMS is declared invalid, voidable or unenforceable, all other conditions and provisions herein will remain, in any case, fully valid and effective. If any term or provision is erased due to it being invalid, contrary to mandatory rules or unenforceable, the Parties undertake to negotiate in good faith and modify these GENERAL TERMS in such a way as to best achieve the original intention of the Parties in order to fulfil in the best possible way the commitments made herein.
13.5 LooveDate and Users act in full autonomy and independence. The present GENERAL TERMS do not give rise to any relationship of collaboration, agency, association, intermediation or subordinate employment between LooveDate and the Users.
13.6 Any communication from one Party to the other pursuant to the GENERAL TERMS shall be sent either by registered letter addressed to Iumob Srl, Via Comelico, 3, 20135 Milano (with the notification of receipt option) or through the contact form.
The User acknowledges and accepts that certain paragraphs of the GENERAL TERMS contain unfair clauses, including the points listed below and that, therefore, he/she must expressly accept during registration, pursuant to articles 1341 and 1342 of the Italian Civil Code: 2. Conclusion of the Contract; 3. The LooveDate Services (in particular, 3.2, 3.3, 3.4, 3.5, 3.8, 3.9, 3.10, 3.11 and 3.12); 4. Declarations and Warranties of the User; 5. Duration and Survival of Clauses; 9. Withdrawal; 10. Termination; 11.Applicable Law and Jurisdiction; 12. Modifications. The User is invited to carefully read the aforementioned clauses before concluding Registration on the Site, waiving any claim in relation to the abovementioned clauses, also by way of reimbursement or compensation.
You get a 14-day cooling-off period on any subscription purchase. To request a refund just ask our customer care by sending an email through the contact form. Please note that refunds are available for purchases of first-time subscriptions. No refunds will be given for renewals. If you don't want to continue with your subscription, you can cancel the automatic renewal on your profile section or sending a message writing an email through the contact form.
We expect our clients to get in touch with us in case of any issues connected to the transactions for the service provided. We can solve all the problems encountered without having to request for a chargeback from the banks. Please contact our customer care. We contact the client`s Issuing Bank to get the additional information about the client and the disputed transaction. We reserve the right for using third-party services to process received chargebacks. We can temporarily discontinue the client's account and suppress client's transactions while making a chargeback investigation. The client cannot be refunded if the chargeback was requested.
The present GENERAL TERMS AND CONDITIONS are updated as of 22/11/2024, and in the event that the Company makes substantial changes to them, it will promptly notify the User.