Terms and Conditions

January 2019



Welcome to Biye Biye’s Terms and Conditions! We know what you may be thinking. The thought of reading a whole, boring document can feel like a total waste of time. Simply scrolling down and ticking the box is so tempting and can save precious, say 15-20, minutes of your life. You would be doing yourself (and us!) a favour if you take some time to read and understand the Family Matchmaking Service you are signing up to. We strive to be open and transparent so you know where you stand with Biye Biye. Also, for us to be content in knowing we have done our very best to give you all the necessary information so you make an informed decision. So here goes…

Agreement Between Us

1. Please ensure you read these Terms and Conditions (T&Cs) carefully.

2. These T&Cs are entered into between Biye Biye Ltd (hereinafter ‘we’, ‘our’ or ‘BB’) and any individual who is a Member or Subscriber (hereinafter ‘you’ or ‘your’)

3. By using the Site and App, you agree to the T&Cs. If you do not agree with these T&Cs then you are not authorised to use or access the BB Site and application.

4. By using the Site and App, you agree that BB can contact you from time to time.

5. BB may modify the T&Cs at any moment. Notice shall be deemed to have been provided upon our posting of the current version of this Agreement on the Site or upon our updating the application with the current version of this Agreement.

The Services

1. BB is a digital Family Matchmaking service. This online platform helps families to connect with other families and introduce their loves ones to each other whilst involving them in the process.

2. BB may update and modify the content and/or features of the Services at any moment in order to improve their quality without notice.

3. The Services may be suspended entirely if BB encounters safety, security or technical issues without notice and with no liability to you.

4. BB may organise events such as Biye Biye Socials and Family Speed Matchmaking from time to time. When events and activities are offered to you on the Site, specific terms and conditions are applicable.

5. BB may provide a Makeover Photoshoot Service through a third-party offered to you on the Site, specific terms and conditions are applicable.

Access and Registration

1. Registration to the Services is free and is available for age 18 and over.

2. To register a new Family profile, you will be required to answer a few mandatory questions honestly and fully. After you complete these questions, you can access the database. BB will direct/remind you to complete the full profile questions periodically until all questions have been completed. This is to ensure greater success of members in the BB Community.

3. It is mandatory that a clear photograph needs to be provided of the Bride/Groom.

4. Once the necessary conditions of registration are met, you create a strictly confidential and personal username and password in order to access your account.

5. After registration, you can add and modify information regarding the Bride/Groom, Love Map, Mother, Father, General Information about the Family, Extended Family, Family Insights, Family Reference and Profile Picture.

6. In order to use BB, you may sign in using your email or Facebook login. By doing this, you authorise us to access and use certain Facebook account information, such as your public profile.

Membership Subscription

1. ‘Recurring’ or ‘Auto-renewal’ refers to payment occurring periodically. Your subscription to the Services will continue indefinitely unless and until cancelled by you. Please refer to the Cancellation and Termination section below.

2. Promotional Discounts - from time to time we will use promotional discounts. Codes and instructions will be provided on the Site.

3. Payment method: Stripe payment gateway is used via Site and web-app. For iOS and Android application download, Google and Apple Store Pay is used for subscription. The terms and conditions of your relevant App Store apply to any purchase of the Service. Any issues with your payment method must be resolved with your relevant App Store.

4. If you are a Founding Family then Boost subscription will be free for a specified period and you may be offered some additional benefits, subject to availability and applicable terms and conditions. Upon expiration, you will be downgraded to Free Membership.

5. Where our Boost subscription changes in price, we will provide you with as much notice as we can, and you may cancel your subscription at any time. By continuing to use the Service, you agree to any such price change.

6. Except where indicated in these T&Cs, all charges for purchases are non-refundable, and there are no refunds for partially used periods.


Cancellation and Termination

1. These T&Cs are an agreement to which the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 may apply. This provision of these T&Cs is notice of your right to cancel. You can cancel the Subscription plan before the expiry date of that period is over if you do not want to continue with the recurring plan. The notice period is 24 hours for the weekly auto-renewal plan; 7 days for monthly auto-renewal plan; and 28 days notice for 3, 6, or Annual plans. You can do this by using the Contact Us Form on the Site or contacting cancellation@biyebiye.com. Please note, however, that you will need to manage your in-app purchases through your mobile device platform (e.g. iTunes, Google Play).

2. The termination of a subscription takes effect on the expiry date of the current subscription plan, provided that your cancellation request was received by Biye Biye no later than the notice period specified above.

3. Biye Biye reserves the right to terminate your account at any time without notice if you are in breach of these T&Cs. In the event of such termination, you will not be entitled to any refund. After your account is terminated, these T&Cs, except those which are intended to endure termination, will expire.

4. On termination, any personal information included in your profile and any messages sent to other Members will be deleted.

Video Chat Fair Usage Policy

1. A small number of users/members are responsible for generating large volumes of traffic on our video chat feature, which can impact the service we offer to our other members. Our fair usage policy is designed to ensure that all of our members receive a fast and reliable service.

2. If, in Biye Biye’s reasonable opinion, you are abusing the Service in any way, such as exceeding fair use policy, we may ask you to moderate your behaviour – and in extreme cases, we block your access to the Video Chat service or we may disconnect you.

Rights granted to BB

1. By registering a Biye Biye account, you grant to BB a worldwide, transferable, sub-licensable, royalty-free, right to use, exhibit, replicate, adapt, and distribute information you provide to us either through your profile, or from your Facebook accounts or from your interactions with other Members (Content). You agree that any Content may be viewed by other Members of the Biye Biye community and may be viewed by any person visiting or participating in the Service.

2. You understand and agree that we may monitor or review any Content as part of the Services and in our absolute discretion, we may delete any Content which is in breach of these T&Cs, the Privacy Policy, or which jeopardises the security or reputation of the Service.

3. As part of using the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. Further, whenever you submit suggestions or feedback to BB regarding our Services, you agree that BB may use and share this feedback for any purpose without compensating you.

Your Obligations

BB is committed to its Members having a positive experience therefore takes the conduct of its Members very seriously. By using our Services you agree to General and Essential obligations stated below.

General obligations:

1. You are solely responsible for your interactions with other Members and will conduct yourself in an honest manner towards BB and other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.

2. It is solely your responsibility to ensure your own safety and that of your family members and loved ones when meeting/communicating with other Members both on and off the Site. You will refer to the Code of Conduct, Privacy Policy and Safety Advice and BB blog content pertaining to keeping safe.

3. You will obtain consent from your loved one before you proceed in searching for a suitable partner on their behalf.

4. You will be responsible to request full Family Referee details from other Members and obtain a reference.

5. Ensure that you define the limits of your and your family’s private life and that you are responsible for communicating only information which will not prejudice you by its dissemination through the Services.

6. By using this Site and app, you agree to your profile information to be shared via the Share feature by users with their family members. It is your responsibility to ensure your profile contains information which you are comfortable with being shared by other users in the BB community.

7. You are only permitted to have a single member profile on the site, under no circumstances are duplicate or test profiles allowed.

8. If you are looking on behalf of more than one family member, you can do so under a different email address connected to an account.

9. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

Essential obligations:

1. You will use the Services whilst respecting its purpose which is to allow families to be connected within their community and meet for the purpose of introducing their loved ones to each other, entertainment and non-commercial purposes.

2. You will adhere to the Video Chat Fair Usage Policy.

3. You will not force the Bride/Groom to marry without her/his consent or against their will. Forced marriage constitutes a human rights violation and is also a criminal offence in the domestic law of some countries. It is illegal in England and Wales.

4. You will not use the Services for professional, commercial, profit (advertising, soliciting clients etc.) or generally non-personal/familial purposes.

5. You will not use the Services for solicitation or prostitution.

6. You will not post, display or disseminate, in any form whatsoever, false information or content.

7. You will refrain from posting any statement or content that violates the rights of others or is defamatory, abusive, obscene, offensive, violent or incites violence, political, racist or xenophobic and, in general, any statement or content contrary to the purpose of the Services, the laws and regulations in force, the rights of persons or public morals. In particular, photos and any information, data or files provided by a Member or, if they relate to a third party, be used with his/her express authorisation and under the exclusive responsibility of the Member or Subscriber concerned.

8. You will not harass other Members or Subscribers.

9. You will not mention on the Site any personal information provided by a Member or Subscriber to BB (e-mail address, postal address, telephone number, etc) that would allow a Visitor, Member or Subscriber to contact another Member or Subscriber without using the Services.

10. You will not post, display or disseminate, in any form whatsoever, information or content that has the effect of diminishing, disrupting, preventing the normal use of the Services, interrupting and/or slowing the normal flow of communications between Members and/or Subscribers through the Services, such as software, viruses, logic bombs, mass mailing, etc. BB reserves the right to delete mass messages sent by a Member or a Subscriber in order to preserve the quality of normal use of the Services.

11. You will not post, display or disseminate, in any form whatsoever, information or content incorporating hyperlinks to Third-Party websites on the BB Site that are illegal, immoral and/or not conform with the purpose of the Services.

12. You will not post photo(s) or other visual content which features minors.

13. You will not share confidential password and username with others.

14. You will use our Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but have no obligation, to reject any profile or photo which does not comply with these prohibitions.

15. Please report any behaviour you encounter which is in breach of these T&Cs to customercare@biyebiye.com including any behaviour which may be harmful, threatening, harassing or unlawful. Please title the email ‘Terms and Conditions Breach’.

16. You agree to compensate BB for any claim or damages (including any legal fees in relation to such claim or damages) demanded by a third party in respect of any matter relating to or arising from any breach or suspected breach by you of these T&Cs or the rights of a third party.

Our Responsibilities

1. We will only accept Membership applications from adults over 18 years of age.

2. Your Membership is for your family’s sole, personal use only. You may not authorise others to use your Membership, and you may not assign or otherwise transfer your account to any other person or entity.

3. BB is not obliged to check the family references. Onus is on Members to request full reference from another family. The Site will only specify the relationship of the referee to the family if a reference has been provided by the member.

4. Biye Biye does not carry out any checks on any of its Members and gives no warranty that any information relating to any of its Members is accurate.

5. You expressly authorise us to disclose any information about you to law enforcement and other Government Agencies including the Police and Forced Marriages Unit which we at our sole discretion believe necessary or appropriate in connection with any fraud, intellectual property infringements, human rights violation or other activity which is or may be illegal or may expose BB to legal liability.

6. BB will not grant any warranties of any kind (whether express, implied, statutory or otherwise) with respect to the Services. BB does not represent or warrant that (a) the Services will be uninterrupted, secure or error free, (b) any defects or errors in the Services will be corrected, or (c) that any content or information you obtain on or through the Services will be accurate.

7. We reserve the right to reject an application on any basis and without providing a reason.

8. We reserve the right to terminate your membership as and when inappropriate behaviour has been reported and we consider the complaint to be justified. No refunds will be provided in this instance.

9. We reserve the right to suspend any profile without notice if you are deemed to be behaving in an inappropriate manner, breaching the Code of Conduct or T&Cs, or other safety and security reason.

10. We reserve the right to modify the services without giving any prior notice.

11. We confirm that we are unable to store and/or trace every e-mail or other communication passing between our Members.

12. To assist our Team to investigate any abuse reported by you and advise upon or take necessary action, please ensure you print off and retain a hard copy of the electronic trail of the offensive messages received.

Use of the Site (Intellectual Property, Content Dissemination, Information on the Site, Third Party Services, Viruses & Linking to our Site)

Intellectual Property

1. BB is the owner or the licensee of all intellectual property rights in the Site. All Service names, trademarks, logos, graphics, photographs, animations, videos and texts contained on the Site and within the Services is exclusive property of Biye Biye Ltd, and if applicable, its partners and may not be reproduced, used or communicated without the express authorisation of BB and its partners, subject to legal action.

2. 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.

3. You are prohibited from, among other actions, modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing the Services. Site pages or computer codes of the elements composing the Services and Website, in any way whatsoever, subject to legal action.

4. You are not permitted to use the BB brand without our express approval.

Content Dissemination

1. You grant BB a licence to use the intellectual property rights arising from the content provided by your family in connection with your family’s registration or Subscription and your use of the Services or the display of your Family Profile on the Services.

2. This licence specifically includes the right of BB 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 on the Site, in the emails by Biye Biye Ltd, and, in general, on all electronic communication media (email, Internet, mobile application) in connection with the Services.

3. You expressly authorise Biye Biye Ltd to modify this content in order to comply with the graphic charter of the Services or other communication media referred to above, and/or 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 the membership period.

4. You may not copy, reproduce, or otherwise make use of the content produced by other Members or Subscribers, other than strictly for the needs of use of the Services for personal and private purposes.

Information on the Site

1. Information provided by you to BB must be accurate and true. The consequences that disclosing this information may have on your life and that of your family’s is your responsibility.

2. You disclose or disseminate information, data, text, content and images that concern it through the Services on your own initiative.

3. You waiver your right to make any claim against BB, in particular on the basis of the possible infringement of your or your family’s image or personality rights, honour, reputation or secrecy of your/your family’s private life, that may result from the distribution or dissemination of information that concern you or them under the T&Cs established in the Privacy Policy to the extent that you have previously given your voluntary and express consent to such dissemination as a result of your registration to the Services, according to the T&Cs.

4. BB cannot be held liable for accuracy or inaccuracy of the information and content provided by other Members, Subscribers and/or you yourself, nor the consequences from the use of this information and content.

5. The quality of the Services expected by both BB, its Members/Subscribers and you implies a certain level of ethical conduct in the expression and behaviour of the Members and Subscribers, respecting the rights of third parties, as well as the laws and regulations in force. To meet this demand for quality, individual responsibility and ethics, BB allows you, any member or Subscriber to report any content (photography, text, video), behaviours or comments made by another Member or Subscriber that appear to be in violation of the laws and regulations in force, regarding the purpose of the Services, third-party rights or public morals.

6. You acknowledge and accept that the data that you provide, as well as your behaviour or comments made through the Services, may be reported by other Members or Subscribers and may be subject to acts of moderation and/or control by BB on the basis of objective assessment criteria. The Customer Care Team may decide to block any new registration by you.

7. The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely upon. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the BB Site.

Third Party Services

1. This Site may contain hyperlinks to other websites. The products and services offered by us are through third-party companies. These third-party companies will provide additional products and services for and on our behalf. By using any of these third-party companies, you are agreeing to be bound by, and comply with, their terms and conditions or terms of service. These third party companies are not part of our associates of our Company and under no circumstances shall we be liable for any losses or damages caused by a third party company.

2. If you accept any products or services offered by a Third Party company, then all communication must be between you and the third party company.

3. You accept that you are solely responsible for evaluating any goods or services offered by us or third parties.

4. We will not be a party to or in any way responsible for any transactions between you and third parties.

5. Any dissatisfaction or violation of T&Cs by either party should write an official letter to us stating all facts and instances.

Linking

1. BB is only liable for the hyperlinks it creates in the Site and Services and does not exercise any control over the Third Party Websites and external resources (third-party websites or mobile applications, social networks etc) to which the hyperlinks accessible on the Site and the Services redirect.

2. You can link to the BB home page, provided it is fair and legal and is not detrimental to the BB reputation.

3. We reserve the right to withdraw linking permission without notice.

Breach of Site conditions

1. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

2. Failure to comply with the T&Cs constitutes a material breach of the terms of use above, upon which you are permitted to use our Site, and may result in our taking all or any of the following actions: i) Immediate, temporary or permanent withdrawal of your right to use our Site ii) Issue of a warning to you iii) Legal action against you iv)Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

Limitation of Liability

1. To the fullest extent permitted by applicable law, in no event will BB be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Services, (ii) the conduct of other members of the Services or the Site; or (iii) unauthorized access, use or alteration of your content. BB’s maximum aggregate liability to you for all claims relating to the Service will not exceed any amounts paid by you to BB for the Service.

2. There is nothing in these T&Cs which limit or restricts either party’s liability in respect of fraud or death or personal injury caused by its negligence, or any other liability which cannot be restricted by applicable laws or regulations.

Indemnity

You agree, to the extent permitted under applicable law, to indemnify BB, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including legal expenses, due to, arising out of, or relating in any way to your use of the Services, any content that you post, or your breach of these T&Cs.

Entire Agreement

These T&Cs contain the entire agreement between you and BB regarding the use of the Service. If any provision of these T&Cs are held invalid, the remainder of the T&Cs shall continue in full force and effect. Any failure by BB to exercise or enforce any right or provision of these T&Cs shall not constitute a waiver of such right or provision.

Governing Law

The terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

Our details

The Services provided by BB to you pursuant to these T&Cs are offered by Biye Biye Ltd, a private limited company incorporated in England and Wales with registered company number 11389054 whose Registered Address is 20-22 Wenlock Road, London, N1 7GU, United Kingdom. The Site is hosted on BB’s dedicated server.

For any questions, you can contact BB by emailing customercare@biyebiye.com.




Hope you enjoy Biye Biye!

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