This Terms & Conditions Agreement (this "T&Cs") is made between Novel Bloom Limited, located at 6'/F OTB Building 160 Gloucester Road, Wanchai, Hong Kong (hereinafter "The Company", or the "Website”, or the “Platform”) and the user of AsiaGoDate.com and its affiliate services (“You” or “Member”) with respect to communications with other members and other online services provided by AsiaGoDate.com (the “Services”). By clicking “Sign Up” on the registration forms, You indicate your acceptance of all the Terms & Conditions and your registration on AsiaGoDate.com.IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, PLEASE DO NOT CLICK ON “SIGN UP” BUTTON, ONCE YOU CLICKED THE BUTTON YOU ARE DEEMED TO HAVE ACCEPTED SUCH TERMS AND CONDITIONS AND SHALL BE BOUND BY THEM REGARDLESS OF WHETHER OR NOT YOU HAVE REGISTERED AS A MEMBER TO OUR WEBSITE OR PURCHASED OUR SERVICES. THE TERMS AND CONDITIONS ARE SUBJECT TO AMENDMENT BY THE COMPANY FROM TIME TO TIME, EFFECTIVE UPON NOTICE TO YOU, AND WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE LATEST VERSION OF THIS TERMS & CONDITIONS ON OUR WEBSITE.
1. Eligibility. By registering on AsiaGoDate.com, You represent and warrant that You are at least 18 years’ old. Registration of your membership and'/or for our Services on AsiaGoDate.com is void where prohibited. By using AsiaGoDate.com, You represent and warrant that You have the right, authority, and capacity to enter into this T&Cs and to abide by all of the terms and conditions herein. All information supplied by You during account registration MUST be accurate, true and complete in all respects. In particular, if using a credit card, the cardholder's name MUST be the same as the name used when registering with the Website, unless you provide valid and verifiable reasons for it being different. Where the identification provided is inaccurate or incomplete, suspension of the account will occur until your identity has been verified by us. You may not authorize others to use your membership, and You may not assign or otherwise transfer your account to any other person or entity without our express consent. You must keep your password and all account details secret and confidential as you are responsible for use of the Services with your account and any other activities taking place on your account. Any transaction and'/or purchases on your account will stand if your username and password have been entered correctly.
2. Term. This Agreement will remain in full force and effect while You use our the Services on AsiaGoDate.com and'/or as long as you remain a Member of AsiaGoDate.com. You may terminate your membership at any time, for any reason, effective upon receipt of your written notice of termination by AsiaGoDate.com customer support staff.
AsiaGoDate.com may terminate Your membership for any reason, with or without explanation, effective upon sending a notice to Your email address provided at registration, or to any other email address provided by You. Upon termination by AsiaGoDate.com without cause, You shall receive a refund, at pro rata of any paid fees that AsiaGoDate.com has received from You. If Your membership with AsiaGoDate.com is terminated by reason of your violation of this Agreement, or such termination is at your request, You will not be entitled to, nor shall AsiaGoDate.com be liable to You, for any refund of unused Credits or fees for using AsiaGodate.com and'/or its Services. Unused Credits shall expire 1 year (365 days) after their purchase date. Notwithstanding Your membership being terminated, this Agreement shall remain in full effect.
3. Non-Commercial Use Only. AsiaGoDate.com is for the personal use of our Members only and may not be used in connection with any commercial purpose. Organizations, companies, businesses, and'/or other entities may not become Members and are not entitled to use the Service or the Website for any purpose. Illegal and'/or unauthorized use of the Website'/Platform, including collecting usernames and'/or email addresses of our Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website'/Platform will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive and compensatory redress. You hereby grant, represent and warrant that You will not create any database, website, application, software, legal entity and services competitive and'/or engage in any activity detrimental to AsiaGoDate.com. You further guarantee and warrant that You will not use the Website'/Platform for any commercial purposes, and'/or send or receive funds thorough the Website'/Platform, and'/or create accounts with fake usernames and'/or fake personal details. You further guarantee and warrant that You will not be paid for using the Website'/Platform and services, provided on the Website'/Platform. Any such activity will be thoroughly investigated, Your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive and compensatory redress.
4. Proprietary Rights in Content. AsiaGoDate.com owns licenses or otherwise retains all intellectual property rights in the Website'/Platform and the Service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of AsiaGoDate.com and its licensors. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content and Postings at AsiaGoDate.com:
a. You understand and agree that AsiaGoDate.com may at its sole discretion store for review and delete any content, messages, photos, videos, audio and video calls or profiles (collectively, the “Content”) that in the sole judgment of AsiaGoDate.com violate this T&Cs or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other Members, our staff or any third parties.
b. You are solely responsible for the Content that You publish or display (hereinafter, “Postings”) via the Website'/Platform, or transmit to other Members.
c. By making any Postings to any public area of the Website'/Platform You automatically grant, represent and warrant that You have the right to grant to AsiaGoDate.com an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
d. The following is a non-exhaustive list of Content and Postings that is illegal or prohibited on the Website'/Platform. AsiaGoDate.com reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content and Postings that: ▪ promotes information that is defamatory to others, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene or libellous; ▪ is patently offensive to the online community, such as Content and Postings that promote racism, bigotry, hatred or physical harm of any kind against any group or individual; ▪ involves the transmission of junk mail, chain letters, and'/or unsolicited mass mailing (spamming); ▪ harasses or advocates harassment of another person; ▪ contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); ▪ publicly displays inappropriate Content, Postings or material which may involve nudity, bestiality, pornography, graphic violence, or criminal activity and others; ▪ provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s right to privacy, or providing or creating computer malware; ▪ promotes an illegal or unauthorized copy of another person’s or an entity’s copyrighted work, such as making available pirated computer programs or providing links to them, providing information to circumvent copyright protection, or providing pirated music or links to pirated music files; ▪ solicits passwords or personal identifying information for commercial or unlawful purposes from other users; ▪ engages in commercial activities and'/or sales without GoDateAsia.com prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; ▪ provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
e. You must use the Service in a manner consistent with any and all applicable laws and regulations.
f. You may not include in Your profile descriptions any personal contact information such as telephone numbers, street addresses, last names, URLs or email addresses. You may not include any personal contact information in Your correspondence with other members any URLs, email addresses or telephone and fax numbers.
g. You may not engage in any advertising activities to, or solicitation of, other Members to buy or sell any products or services through the Website'/Platform. You may not transmit any chain letters or junk email to other Members. Although we cannot monitor the conduct of its Members off the Website'/Platform, You are in violation of these rules to use any information obtained from the Website'/Platform to harass, abuse, or harm another Member or any other person, or in order to contact, advertise to, solicit, or sell to any Member or any other person. In order to protect our Members from receiving such unwanted advertising or solicitation, GoDateAsia.com reserves the right to take steps it deems necessary including but not limited to making restrictions such Member’s Account access and'/or to ban any such Member’s use of the Service.
h. You may not collect data from AsiaGoDate.com either from authorized and not authorized zones through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on AsiaGoDate.com. You may not collect data from AsiaGoDate.com authorized zones by any other means including manual collection of data.
i. To ensure the quality of the Service provided, Your communication through the Website'/Platform may be recorded.
j. AsiaGoDate.com reserves the right to investigate and take appropriate action at its sole discretion against anyone who violates these terms and conditions stated in this section, including but not limited to removing the offending communications from the Website'/Platform and'/or terminating the Membership of such violators.
7. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Website'/Platform in a way that constitutes copyright infringement, please supply AsiaGoDate.com's copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing on such copyright is located on the Website'/Platform; Your address, telephone number, and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owners behalf.
8. Member Disputes. You are solely responsible for Your interactions with other AsiaGoDate.com Members. AsiaGoDate.com reserves the right, but has no obligation, to monitor disputes between You and other Members.
9. Calls, text messages and email. By providing Your phone number(s) and email address(es), you confirm that the number(s) and email address(es) belong to You and You expressly consent to receive non-marketing and marketing text messages from AsiaGoDate.com. You may opt-out of these communications at any time, and consent to receive text messages is not required to purchase any goods or services. Your phone number and email address will only be visible to you.
● Messaging Frequency no more than 10 messages a week; ● Messaging & Data rates may apply (borne by You); ● If You wish to stop receiving such emails or messages reply “Unsubscribe” to the message'/email received from AsiaGoDate.com.
3. Disclaimers. AsiaGoDate.com PROVIDES THE SERVICE ON AN “AS IS” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ITS REPRESENTATIVES, OTHERWISE WITH RESPECT TO THE SERVICE. AsiaGoDate.com SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, AsiaGoDate.com DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. AsiaGoDate.com DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. Although each member must agree to the Agreement, AsiaGoDate.com cannot guarantee that each member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users) may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use Your information for purposes other than what You intended. AsiaGoDate.com is not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. AsiaGoDate.com DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. AsiaGoDate.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. AsiaGoDate.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. AsiaGoDate.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. AsiaGoDate.com is not responsible for any problems or technical malfunction of any computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Websites'/ or combination thereof, including injury or damage to users and'/or Members or to any other persons computer related to or resulting from participating or downloading materials in connection with the Web and'/or in connection with the Service. Under no circumstances will AsiaGoDate.com be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline.
4. Suppliers. To provide the Service, AsiaGoDate.com may purchase services from various third parties (collectively, «Suppliers»). The Suppliers are independent contractors and are not agents, or employees or personnel of AsiaGoDate.com. AsiaGoDate.com is not responsible for the wilful or negligent acts and'/or acts by omission of any Supplier or any of its respective employees, agents, servants or representatives including, without limitation, their failure to deliver Services, or partial or inadequate delivery of Services. According to terms of agreement with its Suppliers, AsiaGoDate.com is prohibited from rendering the Suppliers contact information. Services provided by the Suppliers include but are not limited to the following:
i. Suppliers provide full, accurate and legitimate information required for the registration of the Members at AsiaGoDate.com prior to their registration according to the terms of Agreement. ii. Suppliers provide full, correct and quality translation of all correspondence of their Members. iii. Suppliers provide additional services in accordance to the terms of their agreement with AsiaGoDate.com. iv. Any additional services requested by AsiaGoDate.com Members, which fall into the Suppliers scope of activity, but not defined by AsiaGoDate.com terms of Agreement with Supplier, may be processed by Suppliers, but are not automatically granted. v. AsiaGoDate.com is not in any way responsible for the quality of any additional services provided by the Suppliers. The Website and the Service are provided on an “as is” basis and AsiaGoDate.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. AsiaGoDate.com cannot guarantee and does not promise any specific results from use of the Website and'/or the Service.
Members may have only one account (membership) with the Service. Multiple accounts will be blocked. AsiaGoDate.com operates in full compliance with the International Marriage Broker Law (IMBRA).
2. Purchase of Credits. Upon free registration with the Website, You shall have access to the following Services:
a. Browsing of Members profiles;
b. Inclusion of Your profile in AsiaGoDate.com 's database and search service by other Members;
c. Ability to make changes to Your profile;
d. Ability to read messages;
e. Ability to respond to messages from Members with a positive credit balance on Your account.
Your free use access may be terminated after a month of use. In the event You wish to continue using our Website and'/or use other Services not included in a free-use, You’ll have to buy. All Services not included in Your free Membership shall be provided at additional charge. Your membership will continue indefinitely until you cancel it. If You want to terminate your membership, please contact our customer support at [[email protected]
No Membership Fees.
Cost of services:
● Basic Chat costs 1 сredit per minute; ● One-Way Video recording costs 20 credits per minute; ● Email costs 10 credits each; ● Sending viewing photos or videos costs 10 credits each; ● Sending stickers costs 1 to 1000 credits each; ● Sending SayHi is free; ● Sending gifts in costs from 5 to 1000 credits each; ● Viewing video in profile costs 10 credits each;
Every Member is entitled to qualify as Free Member. Free Members are entitled to use Services free of charge. To qualify as a Free Member a Member should:
Free Membership will become available after the review of Your profile by the Company. If Your profile qualifies for Free Membership You will be provided with a promo-code. If Your profile doesn’t qualify for Free Membership Your application will be rejected. At any time, Company may terminate Your Free Membership with or without any reason with or without any notice to You.
Members have no property, proprietary, intellectual property, ownership, or monetary interest in Gifts, which remain Company’s content or in Credits. Gifts purchased are non-refundable. We do not recognize the transfer of Gifts (including for money or any other consideration or items of value whether inside or outside of the Service). Accordingly, you may not purchase, sell, barter, or trade any Gifts or Credits, or offer to purchase, sell, or trade any Gifts or Credits. Any such attempted transfer will be null and void.
Company reserves the right to change and update our Credits without notice. Company reserves all right, title and interest in Gifts and, and all associated copyrights, trademarks, and other intellectual property rights therein. Except as required by applicable law, any unused Gifts and Credits will be forfeited to Company upon termination of your AsiaGoDate.com account.
Company reserves the right to deactivate a Member from any AsiaGoDate.com service for any reason or no reason. Once a Member has been deactivated, any Credits accumulated by that Member will be forfeited and may not be reinstated. Members may cancel their membership, without penalty or obligation, at any time prior to midnight of the third business day following the day of becoming a member. To cancel your membership, e-mail a signed and dated written notice which states that You are cancelling your membership with AsiaGoDate.com. This notice should be sent to: [email protected]
You may also send by snail mail the cancellation notice to our physical address as stipulated on our website under Contact Us. The mailing must be postmarked during the three-day cancellation period. Please include your username and email address in any notice or your refund may be delayed. If you cancel your membership during the three-day period, AsiaGoDate.com will return, within ten business days of the date on which AsiaGoDate.com receives notice of cancellation you have made, but additional documents may be requested from you to proceed with the refund. You will not be allowed to apply to us as a member again after cancelling according this Section.
2. Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will AsiaGoDate.com be liable to You or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from Your use of the Website or the Service, as well as damages for loss of date, loss of programs, cost of procurement of substitute Services or Service interruptions, even if AsiaGoDate.com knows or has been advised of the possibility of such damages. AsiaGoDate.com is not responsible for any expenses that you may have related to communicating with Members on our site but outside of using our services our services (including, but not limited to expenses related to travel, deliveries, meetings etc.). Those expenses are your own responsibility. Notwithstanding anything to the contrary contained herein, AsiaGoDate.com liability to You for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to AsiaGoDate.com for the Service during the term of membership.
3. U. S. Export Controls. Software from the Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone who is listed on the U. S. Treasury Department's list of Specially Designated Nationals or on the U. S. Commerce Department's Table of Deny Orders. By downloading or using the Software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
4. Disputes. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO SUBMIT THEIR DISPUTES TO BINDING ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AsiaGoDate.com. You thus give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court. This arbitration agreement further includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceedings).
Any dispute or claim relating in any way to your visit to or use of the Website or to products or services sold or distributed by AsiaGoDate.com or through AsiaGoDate.com shall be resolved in the following manner.
a. Informal Process First. You agree to first contact AsiaGoDate.com Customer Support by email and attempt to resolve the dispute with us informally for a period of 50 days.
b. Binding Arbitration. If the dispute has not been resolved in 50 days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to the Services and'/or this Agreement, or the breach or alleged breach thereof, including disputes related to the applicability, enforceability, interpretation or formation of this Agreement to arbitrate, by binding arbitration.
c. Arbitration Tribunal. Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
d. Arbitrator and Rules. The law of this arbitration clause shall be Hong Kong law.
e. Location of Arbitration. The seat of arbitration shall be Hong Kong.
f. Number of Arbitrators. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
g. Costs and Fees. Payment of all filing, administration and arbitrator fees and costs will be governed by HKIAC Administered Arbitration Rules.
h. Starting an Arbitration. A party who intends to seek arbitration must file a claim with the Hong Kong International Arbitration Centre and pay the required fee. The instructions for filing a claim may be found online at www.hkiac.org.
i. Your Right to Sue in Small Claims Tribunal in Hong Kong. Provided you live in Hong Kong, you may sue for HK$ 50,000 or less in a small claims tribunal of Hong Kong as an alternative to engaging in arbitration, but this does not absolve You of Your commitment to engage in the informal dispute resolution process, and engaging in the informal dispute resolution process is a condition precedent of your right to sue or arbitrate against the Company.
j. CLASS ACTION AND JURY TRIAL WAIVER. YOU AND AsiaGoDate.com AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND AsiaGoDate.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
2. Indemnity. You agree to indemnify and hold AsiaGoDate.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your use of the Service in violation of this Agreement, and'/or any allegations that any Content that You submit to AsiaGoDate.com or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and'/or arising from a breach of this Agreement and'/or any breach of Your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
3. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire Agreement between You and AsiaGoDate.com regarding the use of the Website and'/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.