Harmony Dating
is an online Dating Service specialising in Eastern European/British dating. As
part of its range of services Harmony Dating organises events (“parties”) at which British men may meet Eastern
European women. British men (“Clients”) may pay to obtain ticket
to attend such parties via Harmony Dating. Website, www.lubov.co.uk. These terms govern the provision by Harmony Dating of this service (“the
Service”).
1.
Interpretation
1.1 In these Conditions:
“Client” means
the person for whom Harmony Dating has agreed to provide the Service in accordance with these Terms;
“Contract”
means the contract for the provision of the Service concluded on purchase by the Client of a ticket to attend the relevant
party;
“Service”
means the service to be provided by Harmony Dating in permitting the Client to attend (subject to these terms and conditions)
the party for which he has purchased a ticket;
“Supplier”
means Harmony Dating;
“Supplier’s
Standard Charges” means the charges shown on the Supplier’s website or other published literature relating to
the Service from time to time.
1.2 The headings in these Terms are for convenience only and shall not affect their
interpretation.
2 Supply of the Service
2.1 The Supplier shall provide the Service to the Client subject to these Terms.
Any changes or additions to the Service or these Terms must be agreed in writing by the Supplier and the Client.
2.2 The Service shall be provided in accordance with the details contained on the
Supplier’s website or other published literature relating to the Service from time to time, subject to these Terms.
2.3 The Supplier may correct any typographical or other errors or omissions in
any brochure, promotional literature, quotation or other document or on the Supplier’s website relating to the provision
of the Service without any liability to the Client.
2.4 The Supplier may at any time without notifying the Client make any changes
to the Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially
affect the nature or quality of the Service.
2.5 The Supplier may at any time make changes to the Service being changes to
the date of the relevant party, or changes to the venue of the relevant party, and shall notify the Client (normally by e-mail
which shall be regarded as adequate notification where such e-mail is sent to the Client’s last notified e-mail address)
of any such changes in advance of the party. Where the date is altered, or the
venue is altered to a venue not within reasonable travelling distance of the originally intended venue, the Client may cancel
this Agreement in which case Harmony Dating shall refund to the Client any money paid, but shall not in any circumstances
be liable for any further sums.
3 Charges
3.1 The Client shall pay the Supplier’s Standard Charges for the Service,
and any additional sums which are agreed between the Supplier and the Client for any additional services as may be agreed.
On receipt of payment the Supplier shall issue the Client with an online ticket
in relation to the relevant party.
3.2 The Supplier may vary the Supplier’s Standard Charges from time to time.
Each agreement to buy a ticket for a party shall constitute a separate and individual contract between the Supplier and the
Client, the Client paying the ticket price which prevails on each occasion.
3.3 All charges quoted to the Client for the provision of the Service are inclusive
of any Value Added Tax which may be due.
3.4 Tickets purchased are non-refundable save in accordance with clause
2.5 above
4 Admittance to and Rules Governing Attendance at Parties
4.1 The Client may be admitted to the relevant party only on production of a validly
issued ticket for that event.
4.2 The Supplier reserves the right to refuse admission to the Client,
or to require the Client to leave the party, if in the reasonable opinion of the Supplier that is appropriate. Circumstances in which the Client may be refused entry or required to leave may include (this not being
an exclusive list) where the client is under the influence of alcohol or drugs, where the Client is behaving in an aggressive
or offensive manner, where the nature or condition of the Client’s dress is such as may cause offence or be obnoxious
to others attending the party, where the Client is causing or has caused damage to the premises or property, or where the
Client is seeking to use attendance at the party for his own business purposes or in any other manner not authorised by the
Supplier.
5 Warranties and Liability
5.1 The Supplier warrants to the Client that the Service will be provided using
reasonable care and skill and, as far as reasonably possible, in accordance with the details provided at the time the Client
purchased a ticket. Where the Supplier supplies in connection with the provision of the Service any goods supplied by a third
party, the Supplier does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise.
5.2 The Supplier shall have no liability to the Client for any loss, damage, costs,
expenses or other claims for compensation arising from any instructions or information supplied by the Client which are incomplete,
incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival,
or any other fault of the Client.
5.3 Except in respect of death or personal injury caused by the Supplier’s
negligence, or as expressly provided in these Terms, the Supplier shall not be liable to the Client by reason of any representation
(unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms
of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims
(whether caused by the negligence of the Supplier, its servants or agents or otherwise) which arise out of or in connection
with the provision of the Service (including any delay in providing or failure to provide the Service) or their use by the
Client, and the entire liability of the Supplier under or in connection with the Contract shall not exceed the amount of the
Supplier’s charges for the provision of the Service.
5.4 The Supplier shall not be liable to the Client or be deemed to be in breach
of the Contract by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations in
relation to the Service, if the delay or failure was due to any cause beyond the Supplier’s reasonable control.
5.5 For the avoidance of doubt, the Client expressly acknowledges that the Supplier’s
obligation, subject always to these terms and conditions, extends only to the organising of the relevant party for which the
Client is issued with a ticket. The Supplier makes no promise and gives no guarantee
that attendance at the relevant party will fulfil such expectations or desires as the Client may have in relation to or arising
from such attendance.
6 Termination
6.1 The Contract relates to a single event only and the Client may not terminate
it or receive any refund of money paid except as specifically provided by these terms.
6.2 The Supplier may at any time terminate the Contract by notification to the
Client (normally by e-mail which shall be regarded as adequate notification where such e-mail is sent to the Client’s
last notified e-mail address) in advance of the party. In the event of such termination
the Supplier shall refund to the Client any money paid, or, at the Client’s choice, substitute provision of a ticket
for an alternative event for which the Supplier’s Standard Charges apply.
7 General
7.1 These Terms, together with any terms relating to any additional services agreed
to be provided as referred to in clause 3.1, if any, constitute the entire agreement between the parties, supersede any previous
agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied
by statute or otherwise, are excluded to the fullest extent permitted by law.
7.2 No failure or delay by either party in exercising any of its rights under the
Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the
other shall be considered as a waiver of any subsequent breach of the same or any other provision.
7.3 If any provision of these Terms is held by any court or other competent authority
to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder
of the provision in question shall not be affected.
7.4 English law shall apply to the Contract, and the parties agree to submit to
the non-exclusive jurisdiction of the English courts.