The following expressions shall have the following meanings:
1.1 “Agent” means Ikejimi Matchmaking;
1.2 “Client” means any person who purchases Services from the Agent;
1.3 “Registration Form” means the application form, booking form or other written request for agency Services completed by the Client via the Website;
1.4 “Services” means the agency services as described in the Registration Form and on the Website;
1.5 “Website” means all pages composing the Agent’s website at www.Ikejimi.com;
1.7 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Agent;
1.8 “Agreement” means the contract between the Agent and the Client for the provision of the Services incorporating these Terms and Conditions.
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Agent to the Client and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Agent.
2.3 The Client shall be deemed to be accepting the Terms and Conditions through their continued use of the Website and shall be required to confirm the acceptance of these Terms and Conditions prior to the submission of the Registration Form.
2.4 The Agreement shall be created on completion of the registration process.
2.5 The Agent has the right to refuse a Client’s application for provision of the Services.
2.6 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Agent may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.7 The Client must accept these Terms and Conditions in their entirety.
3.1 Clients must be aged 18 or over to register for Services.
3.2 Clients must be willing and ready to get married.
3.3 Clients must be single, widowed, divorced or legally separated to register for Services.
4.1 The Services are as described on the Website and subject to these Terms and Conditions.
4.2 The Agent may vary the Services, without notification to the Client, to take account of changes in legislation or industry practice or to enhance or protect the nature and quality of the Services.
4.3 The Services shall commence on the date specified on the Registration Form and continue until terminated by either party according to the terms of this Agreement.
4.4 Dates given for the commencement of the Services are estimates only and not guaranteed. Time for commencement shall not be of the essence of the Agreement and the Agent shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.
4.5 The agency Services provided take the form of an introduction service between registered clients, allowing the Client to contact other registered clients. The Agent does not guarantee the success of any introduction or the suitability of any contacts made by the Client through the use of the Services.
5 PRICE AND PAYMENT
5.1 The price for the Services is as specified on the Website and is inclusive of any other charges as outlined in that document.
5.2 The terms for payment are as specified on the Website.
5.3 If the Client chooses to accept a subscription option that includes a recurrent payment feature the Client acknowledges responsibility for all recurring charges by entering in to this Agreement. In such cases, the Agent may submit periodic charges without further authorisation from the Client until the Client provides written notice of termination of such authorisation which is then confirmed by the Agent and the Client shall remain liable for any charges up to the time the Agent could reasonably be expected to terminate the authorisation.
5.4 Any monies paid to the Agent in terms of this Agreement are non-refundable unless the Agent chooses to exercise discretion in awarding any refund. The Client’s statutory rights are not affected.
5.5 The Agent may vary the price for Services at any time but is obliged to give the Client reasonable notice of any such variation.
5.6 The Agent may delete the Website profile of any Client, or any part thereof, where the Client fails to make over any sums due to the Agent.
5.7 No refund shall be given in the event that the Client is unable to access the Website due to technical problems beyond the control of the Agent.
5.8 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Agent will be entitled immediately to cease or suspend the provision of the relevant Services until payment has been received.
5.9 Where applicable, the Client must settle all invoiced payments for Services within 14 days from the invoice date.
5.10 Where applicable, the Client will pay interest on all late payments at a rate of 5% per annum above the base lending rate of Barclays Bank.
5.11 Where applicable, the Agent is also entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment due to the Agent is late.
5.12 All payments must be made without deduction or set-off.
6 NON COMMERCIAL USE BY MEMBERS
The Website is for the personal use of individual clients only and may not be used by organisations, companies, businesses or other entities for the purpose of commercial endeavours.
7 CLIENT OBLIGATIONS
7.1 he Client is responsible for the accuracy of all information supplied by them to the Agent and the Agent accepts no responsibility whatsoever for any inaccuracies howsoever arising.
7.2 The Client shall not know of any medical, criminal, legal, ethical or physical reason why they are unable to form a conventional relationship unless such impediment has been declared to the Agent in advance.
7.3 The Client shall be over eighteen years in age and confirms that the contents of all personal information supplied to the Agent is true and accurate in all respects and that the Client has never been convicted of a serious criminal offence.
7.4 The Client agrees that they shall not use the Services to:
7.4.1 make or attempt to make any statement which is obscene, racist, inappropriate, offensive or otherwise illegal through any personal statements or within any messaging system;
7.4.2 make any reference or allusion to any sexually explicit acts, parts of the body with sexual overtones or to look for possible partners under the age of 18;
7.4.3 use profanities in any personal statements or when using the messaging system;
7.4.4 use the Website to libel, slander or defame another person.
7.6 The Client shall keep all personal information up to date and shall ensure that any photographs submitted bear a good likeness.
7.7 The Client shall provide and maintain the necessary hardware and software required to access and use the Services.
7.8 In the event that the Client arranges to meet any other users of the Website the behaviour of such third parties is outside the control of the Agent and Clients should take all reasonable measures to ensure their personal safety.
8 AGENT OBLIGATIONS
8.1 The Agent shall supply the Services as specified in the Registration Form and on the Website.
8.2 The Agent shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and statutory obligations.
8.3 The Agent shall use all reasonable means to ensure that introductions to the Client fall within the category of persons specified by them on the Registration Form but will not accept responsibility if any such person introduced to the Client does not fall within such category nor will it accept any responsibility for any occurrence as a consequence of any meeting with or relationship formed with any such person as a result of such introduction.
8.4 The Agent shall maintain all personal information supplied in the strictest confidence and in compliance with the Data Protection Act 1998.
8.5 If the Agent becomes aware of any activity that is in breach of any of these Terms and Conditions or any applicable law or regulation, or in the event that the rights of the Agent or a third party are infringed the Agent may, at their discretion:
8.5.1 ban, delete or prohibit any content that the Agent judges harmful to any party;
8.5.2 issue a warning to the offending party;
8.5.3 issue a ban to the offending party and remove their personal information from the Website;
8.5.4 report the offending party to the relevant authorities or take legal action against the offending party.
9 DATA PROTECTION
9.1 All parties to the Agreement are bound to comply with the provisions of The Data Protection Act 1998 and associated regulations. 9.2 The Client is responsible for the accuracy and reliability of any content supplied by them and must have authority to disclose such content to the Agent in order that they may use it to fulfil the Services.
10.1 In terms of The Consumer Protection (Distance Selling) Regulation Act (2000), the Client is entitled to a seven-day cooling off period during which time the Client has the right to cancel this Agreement without penalty. However, the cooling off period and the right to cancel does not apply if the Client begins to use the Services before the end of the cooling off period. An administration fee of $100.00 (one hundred dollars) is payable if the right to cancel in terms of this condition is exercised.
10.2 The Agreement shall continue until the Services have been provided or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.
10.3 The Agent may terminate the Agreement on giving the Client 14 days’ notice. 10.4 The Agent may terminate this Agreement without notice if the Agent has reasonable grounds to suspect the Client has provided information that is untrue, inaccurate, out of date or incomplete, or, if the Client has failed to make any payment to the Agent due in terms of this Agreement, or, if the Agent suspects that the Client has failed to comply with the guidelines for etiquette and protocol.
10.5 The Client may terminate the Agreement on giving the Agent 30 days’ notice, with the proposed termination date to be on or after the end of the Client’s full year’s membership. If the Client is on a monthly payment plan, all payments due in the full year’s membership must be paid in full.
10.6 The Client may terminate the Agreement if the Agent fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 2 weeks after notification of non-compliance is given.
10.7 Either party may terminate the Agreement by notice in writing to the other if:
10.7.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
10.7.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
10.7.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
10.7.4 the other party ceases to carry on its business or substantially the whole of its business; or
10.7.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
10.8 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
11 INTELLECTUAL PROPERTY
All brand names, product names, titles, trademarks, trade-names, designs, and copyrights used on the Website are owned or licensed to the Agent. No permission is given by the Agent or any third party to the Client or any other person or entity to use this intellectual property.
Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
13 LIMITATION OF LIABILITY
13.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Agent for death or personal injury as a result of any negligence, breach of contract or otherwise by the Agent or its officers, employees or agents.
13.2 None of the exclusions or limitations as set out in these Terms and Conditions shall affect any rights the Client may have as a consumer or by statute.
13.3 With the exception of the conditions stated in clauses 13.1 and 13.2 the Agent shall, in the event of any breach of these Terms and Conditions, be limited to damages which shall in no circumstances exceed the price of the Services and the Agent shall not be liable for any indirect, incidental or consequential loss or damage whatsoever.
The Client shall indemnify the Agent against all claims, costs and expenses which the Agent may incur and which arise directly or indirectly from the Clients breach of any of its obligations under these Terms and Conditions.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Agent.
17 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Registration Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
21 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
22 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Ikejimi Matchmaking is an elite, personalized and private matchmaking service. Members are selected following a face-to-face consultation and a review of personal information submitted. Ikejimi Matchmaking does not guarantee selection to any applicant and reserves the right to refuse anyone these services. Ikejimi Matchmaking offers a variety of services but not all of these services will be suitable, and therefore made accessible, to individuals. Payment of the fees does not guarantee that Ikejimi Matchmaking will undertake to assist you in your search for a suitable partner. Applicants will be accepted only if Ikejimi Matchmaking is satisfied that there is a reasonable probability that its service can be effective. However, there is no express or implied warranty that a life partner can or will be found. Results will vary. A face-to-face interview and review of personal information does not qualify as a background check. Ikejimi Matchmaking does not offer this level of stringency.
Members understand that a matched prospective date may not be located in close proximity to that member. Therefore, members understand that he/she may be required to travel some distance to meet the prospective date. Should the member refuse to travel to meet the recommended date, the member hereby agrees that Ikejimi Matchmaking cannot be held responsible for that member’s failure to find a suitable date/partner. Ikejimi Matchmaking can only guide and advise you in the most effective way for you to find your life partner. Memberships start on the date that the Client registers on the Website. Following the provision of contact information by Ikejimi Matchmaking to its members, members are solely responsible for contacting those matches, arranging dates and all related matters such as transportation. Ikejimi Matchmaking is not responsible for arranging dates for members or for ensuring that members attend a planned date. Therefore, Ikejimi Matchmaking does not guarantee results. Members are responsible for following all rules and guidelines, including compliance with the Ikejimi Matchmaking ‘Rules of Conduct – Etiquette And Protocol’, the above ‘Terms and Conditions’, requests and matching follow-ups made by Ikejimi Matchmaking to the member. Should the member choose to not follow the rules and guidelines of Ikejimi Matchmaking, the member hereby agrees that Ikejimi Matchmaking cannot be held responsible for that member’s failure to find a suitable date/partner. Without limiting the foregoing, Ikejimi Matchmaking does not guarantee that members will attend a date or that members will find a partner. Memberships are non-transferable between individuals. Memberships expire at the end of 1 calendar year, irrespective of whether the member has used their membership and/or related services, or not. Ikejimi Matchmaking will not grant an extension of memberships and/or related services under any circumstances. Ikejimi Matchmaking has a no refund policy, which is applicable to membership fees, mixers or any service or products Ikejimi Matchmaking provides, unless otherwise specified in these Terms and Conditions. Any deposits paid are non-refundable. Ikejimi Matchmaking has the right to refuse service to anyone. Ikejimi Matchmaking does not pay for photos submitted. Ikejimi Matchmaking is not responsible for photos which are lost, stolen or copied/downloaded unlawfully/unethically. Photos that are sent to us via mail are not returnable. Submitting a photo and application does not guarantee membership acceptance, nor does it guarantee a match with a suitable partner. Professional photos taken very recently are encouraged and group pictures or photos taken with a phone are not accepted. A referral to a photographer or any service, company, individual or website by Ikejimi Matchmaking for any service/product, does not guarantee acceptance for/receipt of that service/product. In order to be considered for any type of membership you must have completed the online application process and also have provided photos of a professional studio standard. Ikejimi Matchmaking representative may only contact you once we have identified a suitable match for you and completing the application process does not guarantee any potential member a date with a member of Ikejimi Matchmaking. By signing up or contacting Ikejimi Matchmaking, you automatically grant us permission to subscribe you to our free newsletter/notification emails. To unsubscribe, please follow the instructions at the bottom of any communication you receive.
We guarantee that Ikejimi Matchmaking will protect your anonymity (if so requested) until you choose to reveal your identity. Ikejimi Matchmaking will personally meet with every member who is identified as a potential match for you, in order to save you time and any awkwardness should that person prove unsuitable.
You will be matched with members who are perceived to be a good match for you, based on the information you have provided and our perception of your likely suitability, but we cannot guarantee ‘chemistry’. We will only ever introduce you to members who have declared that they are genuinely free and looking for a new relationship.