Cherry Dating Ltd (‘Cherry Dating’) Mobile App Terms and Conditions applicable from July 2023

1. About us

   1. We are Cherry Dating Ltd, a company registered in the United Kingdom with company number 13734947 and whose registered office is 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ (‘Cherry Dating’)

   2. Cherry Dating is a free online dating application (App). Using an algorithm, the app displays potential matches, allowing the user to click a heart button to ‘like’ and attempt to match, or a cross button to ‘dislike/reject’. [left/right]

   3. If you have any questions about the App, please contact us by sending an email to customerservices@cherrydating.co.uk.

2. About our terms

   1. These Terms and Conditions (Terms) explain how you may use the app Cherry Dating and any of its content (App). These Terms apply between Cherry Dating Ltd (we, us or our) and you, the person accessing or using the App (you, your or user).

   2. You should read these Terms carefully before signing up to the App. To confirm that you have done so please accept the terms when prompted to do so during the signing up process. Acceptance of the Terms forms a legally binding agreement between you and us.

   3. By registering with us and using and accessing the App, you agree to be bound by these Terms and Conditions (the Terms) in their entirety. If you do not agree to these Terms you may not use the App.

   4. These Terms should be read in conjunction with our Privacy Policy.

   5. We reserve the right to update or modify these Terms from time to time. Notice of any material change will be posted on this page with an updated effective date. We will also notify you of a change to the Terms via email, however, you are responsible for regularly checking this page for any changes.

3. Using the App

   1. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the App.

   2. We try to make the App as accessible as possible. If you have any difficulties using the App, please contact us using the contact details at the top of this page.

   3. As a condition of your use of the App, you agree to comply with these Terms, available on our App, and agree not to:

      1. misuse or attack our App by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or

      2. attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App.

4. Eligibility to register

   1. You are not authorised to register with the App or use the App unless all of the following are true, and you hereby represent and warrant that:

      1. You are at least 18 years of age;

      2. You are capable of entering into a legally binding agreement to use our App;

      3. You are not prohibited from law or otherwise from using the App or our services;

      4. You will comply with these Terms and all applicable laws and regulations;

      5. You do not have more than one account on our App (please see our Acceptable Use Rules below);

      6. You have not previously been removed from our App by us (unless you have our written permission to create a new account);

      7. You are not required to register on the sex offenders’ register pursuant to the Sexual Offences Act 2003.

5. Registration and password security

   1. To use the App and benefit from its features you must register on the App and create a user account. To register a user account, you will be asked to provide your name, date of birth, gender, mobile number, email address and a password.

   2. You will use your username and password to make future logins to the App.

   3. You are responsible for making sure that your password and any other account details are kept secure and confidential.

   4. We are not obliged to permit anyone to register with the App and we may refuse, terminate or suspend registration to anyone at any time in accordance with clause 10.

   5. If we have reason to believe there is likely to be a breach of security or misuse of the App through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.

   6. Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy available on our App.

6. Profile

   1. Upon registration in accordance with clause 5, each user must create a personal profile on the App.

   2. Your profile will include your name, username, age, a picture(s) and may include additional information, such as your:

      1. sexual orientation;

      2. ethnicity;

      3. religious beliefs;

      4. political opinions;

      5. occupation and salary; and/or

      6. your personal or professional interests.

Such additional information is categorised as ‘Special Data’ and will be processed in accordance with our Privacy Policy.

3. Users do not have to provide any Special Data however this is recommended to enhance the user experience.

4. Following creation of your profile, you will be able to view other user profiles and click the heart to like a profile to match with a user.

5. You can set your parameters as to where other users are located, within your profile settings. We will use location data from your device in order to do this.

6. Once you have a match both users will be able to use the direct messaging feature to send messages or engage in audio and/or video calls.

1. Infringing content

   1. We prohibit any content that is:

      1. Abusive, inappropriate, threatening or encourages discriminatory behaviour;

      2. Defamatory or untrue;

      3. Pornographic, violent or contains nudity;

      4. Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights); or

      5. Contains viruses or spyware or other malware designed to interrupt or damage any software.

   2. We will use reasonable efforts to:

      1. delete accounts which are being used in an inappropriate manner or in breach of these Terms; and

      2. identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights.

when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.

3. If you believe that any content which is distributed or published by the App is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.

4. The uploading or sharing of content that violates any of the above terms (Infringing Content) may result in the immediate suspension or termination of your account.

5. You understand and accept that we do not conduct criminal background checks on users of the App or otherwise inquire into the background of our members and we make no representations or warranties as to the conduct or compatibility of our users.

1. Your Content

   1. You confirm that all images, video, sound files, text or information that you upload, submit or create whilst using our App (Content) will meet our Rules Acceptable Use referred to below at clause 9 and we reserve the right to reject, refuse or delete any Content from the App if it breaks our Rules of Acceptable Use.

   2. We may continue to store any Content removed under clause 8.1 to comply with certain legal obligations. To the extent permitted by applicable law, we shall have no liability for any loss or amendment of user Content.

   3. Our right to use your Content does not in any way affect your privacy rights under our Privacy Policy.

2. Rules of Acceptable Use

   1. The following rules apply to your use of the App:

      1. You must not use any other person’s personal information when registering with the App or purport to be any other person;

      2. You must not allow any other person to use the App under your name;

      3. You must not create more than one profile on the App;

      4. You must not give any false or misleading information either upon registration, uploading Content to your profile, engaging with other users via direct messaging or otherwise;

      5. You must not upload or share any Infringing Content;

      6. You must not use the App to send hate, junk or spam messages to us or other users;

      7. You must not engage in any illegal or unlawful activity;

      8. You must not solicit money from another user, whether as a gift, loan, or form of compensation;

      9. You must not encourage, promote, or agree to engage in any activity that violates these Terms;

      10. You must not create a new account after we suspend or terminate your account, unless you receive our express permission;

      11. You must not share any other users personal data;

      12. You must not use the App if we have banned or removed you from it;

      13. You must ensure your contact details are correct and up to date; and

      14. You must not do or cause to be done anything that will modify, intercept or hack our App.

2. Failure to abide by any of our Rules of Acceptable Use will result in a breach of these Terms and may result in us:

   1. Taking legal action against you to stop you from committing a repeated breach and to reimburse us of all costs (including legal and administrative) resulting from your breach;

   2. Suspending your access to the App in accordance with clause 10;

   3. Sending you a warning; or

   4. Removing and banning you from the App.

1. Account Suspension

   1. We may prevent or suspend your access to the App if you do not comply with these Terms or any applicable law.

   2. We will notify you by email where we decide to suspend your account. Once your account has been suspended you will not be able to log in or access the App until we have reactivated your access.

2. Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available at on our App, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

12. Ownership, use and intellectual property rights

    1. The intellectual property rights in the App and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the App (Content) are owned by us and our licensors.

    2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

    3. Nothing in these Terms grants you any legal rights in the App or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the App or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the App or the Content.

13. Submitting information to the App

    1. While we try to make sure that the App is secure, we do not actively monitor or check whether information supplied to us through the App is confidential, commercially sensitive or valuable.

    2. Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the App will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

14. Accuracy of information and availability of the app

    1. We try to make sure that the App is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the App will be fit or suitable for any purpose. Any reliance that you may place on the information on the App is at your own risk.

    2. Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other webapps that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgement when using our App and its Content.

    3. While we try to make sure that the App is available for your use, we do not promise that the App will be available at all times or that your use of the App will be uninterrupted.

15. Hyperlinks and third party apps

    1. The App may contain hyperlinks or references to third party advertising and webapps other than the App. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or webapps and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or webapp does not mean that we endorse that third party’s webapp, products or services. Your use of a third party app may be governed by the terms and conditions of that third-party app and is at your own risk.

16. Our responsibility to you

    1. If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did.

17. We may transfer this Agreement to someone else

    1. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

18. Limitation of liability

    1. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

    2. We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control. If you report misconduct of another user or another user does not comply with section 9, we may provide assistance to you however you accept that you are solely responsible for any and all resulting direct and indirect losses of such breach and we will under no circumstances be held responsible for any damages or losses suffered by you.

    3. We will not be held responsible for:

       1. actions or omissions of users;

       2. loss or harm caused by viruses, worms or other programmes designed to impair the app; any content uploaded by you or other users; or

       3. any amendment to content uploaded by you or other users.

    4. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

19. No text or data mining, or web scraping

    1. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our App or any services provided via, or in relation to, our App. This includes using (or permitting, authorising or attempting the use of):

       1. Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the App or any data, content, information or services accessed via the same.

       2. Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

    2. The provisions in this clause should be treated as an express reservation of our rights in this regard.

    3. This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

20. Events beyond our control

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

21. No third-party rights

No one other than us or you has any right to enforce any of these Terms.

22. Variation

    1. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 20.

    2. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the App and by continuing to use and access the App following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

23. Complaints

    1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.

    2. The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

    3. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

24. Ending use of the App

    1. You may at any time end your use of the App. If you wish for your account to be deactivated or deleted, please contact us from the email address registered with us at customerservices@cherrydating.co.uk as ask us to delete or deactivate your account.

    2. Any request made under 23.1 must come from the account holder.

    3. If at any time after you have downloaded and registered with the App you decide you no longer agree to these Terms, you must immediately stop using the App.

    4. If your account is terminated for any reason, these Terms continue and remain enforceable between you and us. Your information will be maintained and deleted in accordance with our Privacy Policy.

25. Deletion of Data

    1. Upon deactivation or deletion your profile will stop being visible to other users. After your account is deleted, we will delete your personal information.