Terms of Use

Parties
 

This Agreement is entered into between We Are Kindred Limited, a private limited company incorporated in England and Wales with registered company number 13462422 and VAT number GB384091877 (“Kindred”) and any individual who is a Member (“You” or “Your”).

Background

(A) Kindred offers electronic services which facilitate dating between individuals.

(B) You wish to use these services for personal, non-commercial purposes, and understand that some features are available free of charge while others are accessible only following payment.

(C) By creating an Account, You accept this Agreement, our Privacy and Cookie Policy, which is incorporated by reference, and any additional terms disclosed and agreed to by You when using the Services.

(D) If You do not agree to be bound by all the terms of this Agreement, You must stop using the Services.

 

1. Definitions

In this Agreement, the following terms shall have the meanings defined below:

Account” refers to the interface accessible to Members which permits them to be identified in the Software, use the applicable Services, complete and edit their Profile and renew or modify their Subscription where applicable.

Agreement” refers to this agreement as varied, novated, supplemented, amended, or replaced from time to time.

Free Member” refers to a user who has validly registered in the Software for free and has access to the Free Services only.

Free Services” refers to all services available to Free Members, as defined in the Software and updated from time to time by Kindred at its sole discretion.

Member” refers to a user of the Services, whether a Free Member or a Paid Member.

Paid Member” refers to a user who has validly registered in the Software and subsequently purchased a Subscription to gain access to the Paid Services.

Paid Services” refers to all services available to Paid Members, as defined in the Software and updated from time to time by Kindred at its sole discretion.

Profile” refers to the content provided by a Member, including their description, characteristics, photos, videos, and any other information provided through the Software which is accessible by other Members.

Services” refers to all services available to Members in the Software, including Free Services and Paid Services.

Subscription” refers to a fixed price giving access to Paid Services for a limited period of time specified in the relevant Subscription purchased by a Paid Member.

Software” refers to all websites and mobile applications provided by Kindred for accessing the Services.

2. Access to the Services

2.1. Registration

Registration is free and requires the acceptance of this Agreement, which constitutes the formal conclusion of the membership contract. You then become a Free Member with access to the Free Services only.

The Services are only for adults over 18 years of age. If You are under 18, You are not authorised to use the Services and must immediately cease registration and all use of the Services.

By registering, creating a Profile or using the Services, You represent and warrant that:

  • You are over 18 and can form a legally binding contract with Kindred.

  • You are single and looking for a bona fide relationship. If Your status changes while using the Services such that You are no longer single, You will promptly delete Your Account.

  • You are using the Services for personal, non-commercial purposes only.

  • You will comply with this Agreement and all applicable laws and regulations.

  • You will create only one account for yourself, and will not create account(s) for, or on behalf of, any other individual

  • You will provide correct, accurate and true information about yourself that is not misleading. In particular, You must be truthful and honest in Your Profile and when interacting with other Members or with Kindred.

  • You are not barred from using the Services by Kindred or any applicable laws.

  • You are not registered on the Sex Offender Register.

  • You have never been convicted of an indictable offence, or been found guilty of an unlawful act involving fraud, violence (including domestic violence), harassment, terrorism or hatred.

Kindred reserves the right to decline, suspend or terminate any membership or Subscription at any time if a Member does not meet any of the above conditions.

2.2 Subscription

Paid Services are not available to Free Members and require the purchase of a Subscription that provides access to them. A Free Member may purchase a Subscription to become a Paid Member and benefit from the Paid Services.

Subscriptions are available for purchase through the Software and may require acceptance of additional terms of use. Your payment submission formally concludes the membership contract to the Paid Services and Your acceptance of any additional terms of use.

3. Right to cancel

 

3.1 Direct purchases

Pursuant to article 29 of the Consumer Contracts Regulations 2013, You have fourteen (14) days from the purchase of a Subscription to exercise Your right to cancel. You can do this by completing the cancellation form available here or by sending an email containing the same information to spirits@thekindredlife.com.

 

Kindred shall refund the cost of the Subscription within fourteen (14) days from the date of receipt of Your request to cancel. For the avoidance of doubt, refunds will not be processed for any cancellations made after the fourteen (14) day cancellation period.

3.2 Apple App Store and Google Play Store purchases

If You purchase a Subscription through the mobile application, cancellations and refunds are handled by Apple (for iOS devices) or Google (for Android devices) under their own terms and conditions. To request a refund, You must follow the relevant instructions set out by Apple or Google.

 

4. Services

 

4.1 Kindred’s obligations

 

Regardless of Your motivations or desires, the Services are not intended for organising in-person dates/meetings or nurturing, supporting or counseling relationships between Members in any way. Kindred expressly excludes all liability in connection with events of any kind which could take place between Members during online or in-person interactions.

The Services are also not intended to provide access to the Internet or electronic communication services to the public. Therefore, Kindred does not verify the identity of Members and does not control or moderate the content exhaustively. Members publish or upload on the Services under their sole liability.

 

Consequently, Members are prohibited from disclosing any information to other Members through the Services which allows them to be identified or located (including, but not limited to, surname, street address, email and telephone number).

4.2 Members’ obligations

 

By using the Services, You agree to abide by the rules of conduct below at all times:

  • You will not share Your personal contact details or those of any other person in any way (including, but not limited to, street address, email and telephone number).

  • You will not share any content that violates or infringes anyone’s rights, including rights of publicity, private life, copyright, trademark or other intellectual property or contract right.

  • You will not impersonate any person or entity.

  • You will not solicit passwords for any purpose or personal identifying information for commercial or unlawful purposes from any Member.

  • You will not spam, solicit money from or defraud any Member.

  • You will not share any content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

  • You will not share any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

  • You will not bully, stalk, intimidate, assault, harass, mistreat or defame any person.

  • You will not use the Services for any harmful or nefarious purpose.

  • You will not use the Services in order to damage Kindred.

  • You will not use the Services for any purpose that is illegal or prohibited by this Agreement.

  • You will not use the Services in order to promote or facilitate personal relationships of a transactional nature and/or services of a sexual nature and/or non-consensual sexual acts.

  • You will not use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or other automatic device, method, process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

  • You will not use any other Member’s Account, share an Account with another Member, or maintain more than one Account.

  • You will not create another Account if Kindred terminates Your Account for any reason, unless You have Kindred’s explicit written permission.

 

A breach of any of these rules of conduct constitutes a serious material breach of Your contractual obligations under this Agreement.

 

Kindred reserves the right to investigate and/or terminate Your Account without any refund of any Paid Services if You have violated these obligations, misused the Services or behaved in a way that Kindred regards as inappropriate or unlawful, including by reference to any action or communication that occurred on or off the Services. Furthermore, Kindred may permanently or temporarily prohibit Your access to the Services.

 

5. Fees and payment

 

5.1 Subscription for Paid Services

 

Access to the Paid Services requires a Subscription, for which the fees and terms of payment are described in the Software. The fees are set in British Pounds Sterling (GBP) including all taxes, but may be converted to any other local currency where applicable.

Subscriptions are valid for the period of time that You select during purchase. On the expiry of each period, the Subscription is automatically renewed for periods of time equivalent to the one originally purchased, unless terminated by You in accordance with this Agreement

You can view and manage Your Subscription in the “Membership” section of the Software. You may also update your payment method at any time, or request Kindred to update it for you, in which case you authorise Kindred to continue receiving payment for each automatic renewal using your chosen payment method.

 

5.2 Apple App Store and Google Play Store Subscriptions

If You purchase an auto-renewing Subscription through the mobile application, renewal terms are handled by Apple (for iOS devices) or Google (for Android Devices) under their own terms and conditions. To manage the Subscription, You must follow the relevant instructions set out by Apple or Google.

 

6. Intellectual Property

 

6.1 Content disseminated on the Services​

All Services names, trademarks, logos, graphics, photographs, animations, videos and texts contained in the Software and within the Services are the exclusive property of Kindred and may not be reproduced, used or communicated without the express written authorisation of Kindred.

The rights of use granted to You are limited to private and personal use as part of and for the duration of the registration to the Services. Any other use by You is prohibited.

You are prohibited from, among other actions, modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing the Services, Software or computer codes of the elements composing the Services and Software in any way whatsoever.

 

6.2 Content disseminated by You

You grant Kindred a licence to use the intellectual property rights arising from the content provided by You in connection with Your registration or Subscription and Your use of the Services or the display of Your Profile on the Services. This licence specifically includes the right of Kindred to reproduce, represent, adapt, translate, digitise, use for the purposes of the Services or sub-license the content provided by You (information, images, description, search criteria, etc.) on all or parts of the Services and in all the Software, in the emails by Kindred, and, in general, on all electronic communication media (email, internet, mobile application, etc) in connection with the Services.

 

You expressly authorize Kindred to modify this content in order to comply with the graphic charter of the Services or other communication media referred to above, and/or to make it compatible with its technical functionalities or the formats supported by the relevant media. These rights are granted on a worldwide basis and for the duration of this Agreement between You and Kindred. You may not copy, reproduce, or otherwise make use of the content produced by other Members, other than strictly for the needs of use of the Services for personal and private purposes.

You are responsible for the use of Your information by third parties, or the actions or statements made on Your Account, whether or not they are fraudulent. You will indemnify Kindred for any claim arising in connection with these, other than in the event of a fault exclusively attributable to Kindred or a technical failure of the Services. Moreover, Kindred does not verify the identity of Members. If You have reason to believe that another person is using Your information or Account, You must inform Kindred immediately.

 

7. Representations and Warranties

 

7.1 Operation of the Software and Services

The Software and Services require a constant connection to the internet and Kindred does not warrant that You will be able to use the Services if Your internet service provider fails to provide an adequate connection. You acknowledge that, due to the nature of the internet, Kindred also cannot warrant that any connection to or from the Software will be fully secure.

You must have the skills, hardware and software necessary for the good operation of the Services including a reliable internet connection, the latest version of the operating system and an up to date internet browser. Kindred is not responsible for any lack of functionality, lack of access or poor conditions of use of the Software and Services attributable to unsuitable equipment, failures of Your internet service provider, the overloading of the internet network or for all other reasons external to Kindred constituting a force majeure event.

Performance of maintenance, updates or other improvements may temporarily interrupt the operation of the Services. Where possible, Kindred will notify You in advance of any scheduled operations which may impact the Services.

7.2 Information and content provided by You

You agree that you will disseminate only accurate and true information and content through the Software and Services, and that you do this entirely on Your own initiative. Therefore, you are exclusively responsible for the impact it may have on You and other Members, and waive your right to make any claim against Kindred that may result from the distribution or dissemination of the information or content. Similarly, Kindred cannot be held liable for the accuracy of the information or content provided by any other Member or the consequences of its use.

Kindred cannot be held liable for any information or content disseminated by a Member that may potentially infringe the rights of any other Member or third party and for which Kindred can demonstrate that it was not informed by a Member or third party, or did not have actual and prior knowledge of before its dissemination or did not commit a breach in the performance of any of its contractual obligations under this Agreement.

Kindred allows any Member to report the Profile, behaviour or comments of another Member that appear to be in violation of this Agreement, the laws and regulations in force, third-party rights or public morals. Consequently, You acknowledge and accept that the information and content You provide, as well as Your behaviour or comments made through the Services, may be reported by other Members and may be subject to moderation or control by Kindred. If You are found to have violated this Agreement or the laws and regulations in force, Kindred may terminate Your Account and/or prevent You accessing the Services in future.

7.3 Links and external resources

Kindred does not control third party websites, applications or other external resources and cannot be held liable for their content or for providing links to them. Any issues relating to a link must be reported to Kindred using the contact details included in this Agreement.

7.4 Liability and Indemnity

Kindred is only responsible for foreseeable loss and damage caused by Kindred if it fails to comply with this Agreement or to use reasonable care and skill. Loss or damage is foreseeable if it is obvious that it will happen, or if both Kindred and You knew it might happen at the time this Agreement became effective.

Kindred may not be held liable for any damages incurred by You if they are caused solely by You or if Kindred is not in breach of this Agreement and its statutory obligations.

The Services are supplied for personal, non-commercial use only, so Kindred is not liable for any business losses including, but not limited to, loss of profit, loss of business, business interruption, or loss of business opportunity.

Kindred does not exclude or limit its liability to Members where it would be unlawful to do so.

In the event Kindred is held liable on the basis of a breach by You of any of Your legal or contractual obligations under this Agreement, You agree to indemnify and hold Kindred harmless against any resulting damages, expenses or orders issued against it.

 

8. Termination

 

8.1 Delete Account

You may delete your Account at any time through the account settings in the Software, which will immediately delete your Profile. For the avoidance of doubt, no refund will be made for any unused portion of the Subscription period.

8.2 Cancel Subscription

You may terminate the automatic renewal of Your Subscription in the “Membership” section of the Software twenty-four (24) hours after purchase and at least forty-eight (48) hours before the Subscription is due to renew. Termination will take effect on the expiry date of the Subscription, after which You will no longer have access to the Paid Services.

If You purchased a Subscription through the mobile application, renewal terms are handled by Apple (for iOS devices) or Google (for Android Devices) under their own terms and conditions. To request termination, You must follow the relevant instructions set out by Apple or Google.

8.3 Termination by Kindred

Without prejudice to the other provisions of this Agreement, Kindred may permanently remove Your Account from the Software and/or prevent access to the Services without prior notice in the event You breach Your obligations. For the avoidance of doubt, this will not give You a right of reimbursement.

This removal will take effect without prejudice to any damages and interest which may be claimed by Kindred from You or Your successors and legal representatives as restitution for the losses incurred by Kindred as a result of these breaches.

 

9. Waiver

No failure or delay by Kindred to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

 

10. Remedies

Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.

 

11. Personal data and privacy policy

Your personal data is processed in accordance with Kindred’s privacy policy, available here.

 

12. Entire Agreement and Severance

This Agreement contains the whole agreement between Kindred and You relating to the subject matter hereof and supersedes all prior agreements, arrangements and understandings relating to that subject matter.

If any court or competent authority finds that any provision of this Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Agreement shall not be affected.

If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable and which, to the greatest extent possible, achieves the parties' original commercial intention.

 

13. Variation

 

13.1 Variation of the Services

Kindred may change the content or features of the Services at any time and at its sole discretion. You will be notified of any changes when they are implemented in the Software.

13.2 Variation of this Agreement

Kindred may change the terms of this Agreement at any time. You will be notified of any modifications when they are implemented in the Software.

Use of the Software and Services is subject to the Agreement currently in force. If You do not agree to changes to the Agreement, You must stop using the Software and Services.

 

14. Contact

You may contact Kindred by completing the contact form or send an email to spirits@thekindredlife.com, ensuring that You indicate Your name, username and email address.

 

15. Governing law and jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

 

Last update 30th December 2021