service: name: EliteSingles
sector: Dating
date: April 2017
document: text: For information on how to use the service or for a simple cancellation
of your membership, please see our help section. If you have any
questions, please contact our customer care team.
Terms & Conditions for ELITESINGLES – Updated: April 2017
The following information, together with the Privacy
Policy defines the conditions under which the use of
ELITESINGLES is operated by Spark Networks Services
GmbH, Kohlfurter Straße 41/43, 10999 Berlin (hereinafter
“ELITESINGLES”).
Only these Terms and Conditions apply to any contract made
between us in relation to services provided by ELITESINGLES.
These conditions are accepted by the entirety of our
community during the registration stage by checking the option
entitled “I accept the Terms and Conditions & Privacy Policy.”
Any deviations from these specified conditions are not
accepted.
1. Description of the scope of service
1. ELITESINGLES operates an Internet online dating and
matchmaking platform, and provides customers with both
free and paid services. The customer receives access to the
ELITESINGLES database that contains profiles and
information about other members.
2. All customers can register for free, take the personality test,
create a profile and receive individual partner suggestions
with the “basic membership”.
3. Basic members still have the option to subscribe for “paid
membership”. However, an obligation to pay only arises
when the customer confirms the order of the paid
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Terms & Conditions
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membership and associated payment with a click. Prior to
taking out a subscription, members are informed about all
Terms and Conditions regarding this payment (price,
duration etc.)
4. ELITESINGLES is entitled to engage third party service
providers and agents for the whole spectrum of the
ELITESINGLES service. However, this should not negatively
impact the customer.
5. ELITESINGLES cannot guarantee successful
communication with other members. ELITESINGLES is not
responsible if, during the contract period, no contact is
made. However, this does not apply if, as part of a paid
membership, a ‘Contact Guarantee’ is agreed. If a “Contact
Guarantee” is agreed, the following special conditions apply:
with a 6 month contract a minimum of 10, and with a 12
month contract a minimum of 20 contacts are guaranteed. A
“Contact” is defined as: (i) a self-written message from
another member that you receive in response to sending a
smile, questions or a message, (ii) any message you write
yourself in response to a ‘smile’ or questions or a message
from another user. Further prerequisites for a claim under
warranty are: that you need to have sent at least 4 self-
formulated messages for a six-month membership, and at
least 8 for a twelve-month membership; that the “My Profile”
and “My Search” sections have been completely filled; that
you have set at least one profile picture; that you still have
an active paid account; that you have regularly logged on to
your account; and that you
notify Support@elitesingles.ie via email within the standard
notice period (at least 14 days prior to the expiry of your
account) about the failure to meet the conditions of the
agreed “Contact Guarantee”. If a judgment is made in your
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favour, under warranty you will be entitled to a new
subscription of an equal length to your original contract at no
additional cost.
6. ELITESINGLES will block or remove from its site any
offensive or incorrect communication or information, and any
communication or information which it reasonably suspects
infringes any applicable laws, regulations or third party rights
(such as material that is obscene, indecent, pornographic,
seditious, offensive, defamatory, threatening, liable to incite
racial hatred, menacing, blasphemous or in breach of any
third party intellectual property rights) that becomes known
to it; but ELITESINGLES has no obligation to customers,
and undertakes no responsibility, to review any
communication or information provided by customers for
incorporation into the ELITESINGLES service.
7. ELITESINGLES ensures service availability for 99.7% of the
calendar year. This does not include failures of the service,
for example for essential maintenance or technical failures
of the Internet.
8. To be able to use the ELITESINGLES service in full, the
customer should use the latest (browser-) technologies and
make sure the necessary settings and installations for use
are in place (e.g. activation of JavaScript, cookies). When
using older or not commonly used technologies, free and
paid members may only have a limited use of the
ELITESINGLES service.
9. Our database of eligible singles is comprised of individuals
from The Republic of Ireland, Northern Ireland, Scotland,
England and Wales. If you want to avoid matches with
singles from outside your country, please set your distance
preferences to the strictest settings possible.

2. Access / Contract Confirmation
1. In order for customers to access ELITESINGLES services
they must register. For the registration the customer requires
a valid e-mail address and a self-chosen password.
2. Customers must be at least 18 years of age to register.
3. Customers must have a permanent address in the UK or
Ireland to register. We cannot guarantee full functionality
outside of this area
4. Once an email address and password are entered into our
website, registration is considered complete. The registered
user then enters into a contractual relationship with
ELITESINGLES for a free membership. This is governed by
the provisions set out in these terms and conditions.
5. After registration, the customer receives a notification via e-
mail confirming the contract for the free membership.
6. An order for paid membership is confirmed once the
registered customer clicks the final payment button
“Purchase (via secure server)”, after entering their payment
information. This customer then enters into another
contractual relationship with ELITESINGLES, in addition to
the free membership.
7. The registration/order process allows customers to check
and amend any errors before submitting their registration
form or order to ELITESINGLES.
8. The customer will be informed before the conclusion of a
fee-based contract about the features of each chargeable
service, prices and payment terms.
9. The contract for the paid membership comes into effect with
the sending of the order confirmation e-mail sent by
ELITESINGLES.

10. In the confirmation e-mail the customer is sent an electronic
copy of the contract data (membership information), as well
as the time of registration and applicable terms and
conditions for their own records. The customer therefore has
the opportunity to save or print the contract data as well as
the terms and conditions. The contract information is also
stored by us.
11. If the customer does not pay any amount due under the
contract, ELITESINGLES is entitled to suspend the
customer’s access temporarily until the outstanding
payment is received or to terminate the contract. The
contract period shall remain unaffected by the temporary
closure.
3. Terms of Payment
1. The following payment methods are accepted: credit card or
payment via PayPal.
2. The invoice amount for the chosen timeframe is paid to
ELITESINGLES in advance without any deductions.
3. With the completion of the paid membership duration (the
reaching of the end date of a paid subscription) and the
disclosure of payment details, the customer grants
ELITESINGLES permission to process payment.
4. Data Use, Data Sharing and Data
Forwarding
1. ELITESINGLES takes care to respect the legal data
protection regulations, in particular the EU Data Protection
Directive 95/46/EC.
2. For information about the handling of personal information
within the ELITESINGLES service please see the Privacy
Policy.

5. Cancellation, Automatic Renewal,
Termination
1. The cancellation of the free membership (deleting the
profile) is possible at any time. To do this click on the
“Member Account” tab under “My Membership.”
2. Every contract for the paid membership is automatically
extended at the end of the contractually agreed period for
the same duration as agreed for the original subscription if
the customer does not give notice to cancel his/her contract
at least 7 days before the expiry of the agreed term.
3. The termination of the paid membership is only effective if
the notice of termination or cancellation has been made in
writing (e.g. letter, fax or email).
4. For the written notice we ask you to specify your
ELITESINGLES email address or your security code, so that
we can uniquely authenticate your claim and protect against
possible abuse. The written notice should be sent to:
Spark Networks Services GmbH

– Customer Care –

Kohlfurter Straße 41/43

10999 Berlin
Fax: +49 (30) 868 000 311
Email: cancellation@elitesingles.ie
5. After termination of the paid membership, the status of the
customer is automatically changed to free membership with
the resulting limited scope of use.
6. Both parties retain the right to terminate paid and unpaid
membership if an Event Outside Our Control takes place. An
Event Outside Our Control means any act or event beyond
our reasonable control, [including without limitation strikes,

lock-outs or other industrial action by third parties, civil
commotion, riot, invasion, terrorist attack or threat of terrorist
attack, war (whether declared or not) or threat or preparation
for war, fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster, or failure of
public or private telecommunications networks].
ELITESINGLES will not be liable for any failure to perform or
delay in performance of, any of its obligations under these
Terms and Conditions that is caused by an Event Outside
Our Control.
7. Once ELITESINGLES has begun to provide the services,
either party may terminate the contract with immediate effect
by giving written notice to the other party (in the manner
specified in paragraph 3 above where the customer is the
terminating party) if the contract is broken in a material way
and the offending party does not fix or correct the situation
within 14 days of the innocent party asking the offending
party to fix or correct the situation in writing.
8. The right of termination provided for in this section 5 is in
addition to that provided for under the Cancellation Policy
set out at the end of these Terms and Conditions
6. Liability of ELITESINGLES
1. If ELITESINGLES fails to comply with these terms and
conditions, ELITESINGLES is responsible for loss or
damage the customer suffers that is a foreseeable result of
its breach of these Terms and Conditions or its negligence,
but ELITESINGLES is not responsible for any loss or
damage that is not foreseeable. Loss or damage is
foreseeable if they were an obvious consequence of
ELITESINGLES‘ breach or if they were contemplated by the
customer and ELITESINGLES at the time the parties
entered into the contract.

2. ELITESINGLES does not exclude or limit in any way its
liability for:

i) death or personal injury caused by ELITESINGLES‘
negligence;

ii) fraud or fraudulent misrepresentation;

iii) any other liability which cannot be limited or excluded by
applicable law.
3. The foregoing limitation of liability shall apply to all officers,
employees and agents of ELITESINGLES.
7. Responsibilities and Obligations of the
Customer / Prohibited Practices /
Exemption
1. The customer is alone responsible for the content of their
application and therefore for the information he/she provides
about himself/herself.
2. The customer assures that the data given are true and
describe him/her personally. Both parties agree that
ELITESINGLES has the right, but not the obligation, to verify
the accuracy of the data if necessary.
3. To ensure the integrity of the contact mediation services, the
customer acknowledges that he/she use the service of
ELITESINGLES with the intention of seeking a partner for a
serious relationship and is not in a relationship at the time of
registration.
4. The customer assures that he/she does not pursue
commercial and/or business purposes in connection with
their membership. She/he agrees not to use the contact
portal for commercial or business purposes (see below,
point “g”).

5. The customer assures that in the context of offers and
services from ELITESINGLES he/she will not use any
photographs, text, software or any other copyrighted
information without having the necessary rights or consents
for them.
6. The customer complies with all applicable laws for
registration and use of the contact portal.
7. The customer may in particular under no circumstances
(prohibited conduct):
1. intentionally declare the data of third parties (including
email address) as their own. In particular, he/she must
not provide the bank account or credit card information of
third parties;
2. make personal information, such as names, telephone
and fax numbers, residential and e-mail addresses,
photo-/video data and / or URLs known to third parties
without the consent of its respective owner;
3. distribute defamatory, offensive, or otherwise unlawful
material or such information;
4. threaten or harass other people, or harm the rights
(including personality rights) of any third party;
5. upload data containing a virus (infected software);
6. use the service in a way which affects the availability of
offers for other customers adversely, especially to write
proprietary profile information in a language other than
English;
7. intercept e-mails or try to intercept them;
8. to carry out advertising for other contact portals;

9. send chain letters;
10. to name in the personal description (profile) names,
addresses, telephone or fax numbers, e-mail addresses,
user names, or other contact data from messenger
services or other Internet services;
11. to give logins and personal passwords to third parties or
share those with third parties;
8. An inadmissible commercial or business use in the sense of
this provision is in particular:
1. the provision of goods or services in return for payment of
any kind, the solicitation of making an offer, or a
reference to an attainable offer elsewhere;
2. the usage of commercial internet sites for advertising,
particularly those sites that offer chargeable goods or
services that are used for displaying or advertising
companies or for advertising other commercial web sites.
This is especially true for advertising in the form of pop-
ups, banner ads or flashy or particularly highlighted links;
3. linking (directly or indirectly) to the contact portal of
another operator;
4. the naming of value-added service numbers (in particular
0900 numbers) or value-added SMS numbers (premium
SMS) under this contact portal;
5. the contact for the purpose of subsequent profit,
especially by subsequent reference to value-added SMS
or 0900 numbers;
6. the search for employees, models, etc. for agencies or for
chargeable service providers;

7. the business of collecting profile data that is accessible
within the contact portal or asking about data (e.g.
telephone-/mobile number) of other customers, e.g. for
the purpose of commercial exploitation, or promotion or
resale;
8. to make advertising to other clients of the service or to
other customers in any form for business offers and the
sending of messages that serve a business purpose. This
relates in particular to the setting of relevant links in the
data profiles or sending messages with the internal
communication systems.
9. If the customer breaches any of the obligations listed in this
section 7, ELITESINGLES can be entitled to require
compensation for any resulting damage or expenses. This
does not apply if the user did not know he or she was
committing a breach of section 7 and was not reckless in the
sense of not caring whether or not he or she was committing
a breach of section 7.
8. Blocking on Suspicion
1. ELITESINGLES is entitled, in the case of a complaint from a
third party, and on suspicion of a violation or breach of these
terms and conditions, to delete the member’s content, which
triggered this suspicion or complaint. The complaint itself,
however, does not serve as justifiable grounds for
ELITESINGLES to terminate the member’s contract. For
termination of the contract, a breach of the conditions
specified in these Terms and Conditions has to be identified.
2. If a warning is deemed reasonable by ELITESINGLES,
ELITESINGLES must give the customer the opportunity to
eliminate the suspicion or to remedy the situation before
blocking or removing the content. If a warning is not
reasonable, for example, because the blocking or removal is

needed to prevent a possible damage to ELITESINGLES or
another customer, ELITESINGLES will inform the customer
immediately afterwards about the blocking or removal and
then give them the opportunity to comment and request
help.
3. ELITESINGLES can always delete the content or keep the
profile blocked when ELITESINGLES is requested to do so
by a court or by state authorities, or if the contract is
terminated in accordance with these Terms and Conditions.
The same applies if the cancellation or revocation is
necessary to prevent an imminent harm to ELITESINGLES
or another customer.
4. The customer’s obligation to pay the contractually agreed
remuneration as part of a paid membership remains
unaffected by the blocking of content. If the customer’s
access to the paid membership was blocked and the closure
in hindsight proves to be unwarranted, the duration of the
paid membership will be extended accordingly. If an
extension is not possible or objectively unreasonable,
ELITESINGLES will reimburse the blocking period and the
corresponding fee.
9. Cancellation Policy
9.1 Right of Withdrawal
You have the right to cancel this contract within 14 days
from the date the contract begins.

To exercise your right of withdrawal you must notify us via
one of the following channels:
E-mail: cancellation@elitesingles.ie
In writing:

Spark Networks Services GmbH,

Customer Service,


Kohlfurter Straße 41/43,
10999 Berlin,

Germany
Fax: +49 (30) 868 000 311​
The withdrawal notification must contain a clear statement
of your decision to withdraw from the contract. You can
use the Withdrawal Form to inform us of your intent to
cancel. If you wish, you can also fill out the form
electronically via our website:
https://support.elitesingles.ie/hc/en-ie/requests/new
Once we have received your withdrawal request, we will
send you confirmation via e-mail. In order to ensure that
the withdrawal notification is received within the correct
time frame, please ensure that all documentation is sent
and received within the 14 days withdrawal period directly
following the initiation of your contract.
9.2 Effects of Withdrawal
If you withdraw from this contract, we will refund
payments that we have received from you, including
delivery costs (with the exception of the additional costs
arising from the fact that you have chosen a type of
delivery other than that offered by us). Reimbursement of
your membership fees will be affected without delay and at
the latest within 14 days from the date on which the notice
is received through your cancellation of this contract with
us. For this repayment, we use the same method of
payment that you used for the initial transaction, unless
you explicitly agreed otherwise. You will not be charged
fees for this repayment.
9.3 Cancellation and Consequences

After the initial 14 days of your first subscription, your
Right of Withdrawal expires. You will then be able to stop
the renewal of your current contract by using your option
of cancellation. After cancellation of the paid membership,
your status is automatically changed to a free membership
with the resulting limited scope of use. Early cancellation
does not entitle you to any reimbursement or refund for
the remaining duration of the contract, and you are still
liable for any outstanding payment due for the originally
agreed subscription term. You must satisfy obligations to
reimburse payments within 30 days after dispatch of your
written notice. More detailed information about
Cancellation, Renewal and Termination can be found in the
above Section 5.
Withdrawal form

(This form should be completed and returned only if you wish
to withdraw from the contract)
To:

Spark Networks Services GmbH

EliteSingles Customer Care

Kohlfurter Strasse 41/43

10999 Berlin, Germany
E-mail: withdrawal@elitesingles.ie
Fax: +49 (30) 868 000 311
I hereby give notice that I want to do right of withdrawal in
connection with my purchase agreement for the provision
of the following services
Ordered on:
Name
Address

Signature (only if this form is not filled out electronically)
__________________
Date:
EliteSingles » EliteSingles » Terms & Conditions