1.1 Bar4Fun is a dating service that allows users ("Bar4Fun Users") to meet and chat online with other Bar4Fun Users in a virtual bar environment. You are also able to buy another Bar4Fun User a virtual "drink" ("Drink") by clicking on the "Buy Drink" icon on the site and following the notified steps to complete the transaction.
1.2 When You buy another Bar4Fun User a Drink, You are agreeing to transfer real money to that other Bar4Fun User from Your Bar4Fun account ("Your Account"). A Drink can be purchased for another Bar4Fun User either as:
(1) a "Dink4Gift" (i.e. You are simply agreeing to buy them a Drink and thereby send them cash value with no further obligation); or
(2) a "Drink2Chat" (where, in exchange for the Drink, the receiving Bar4Fun User agrees to talk with the buying Bar4Fun User privately online via Bar4Fun for a period of not less than five minutes. If a Bar4Fun User who has agreed to accept a Drink to Chat closes their dialogue box during the course of the allocated five-minute period then the Drink will be returned to the buyer's Account).
For full details on how to buy a Drink and what You get in return see the Bar4Fun FAQs. Please note the restrictions on Our control of other Bar4Fun User's commitment where You buy them a Drink as set out at paragraph 6.
1.3 For details regarding Your Account and payments see paragraph 4 below.
2.1 You must be 18 years of age or over to use Bar4Fun. If We discover or have reason to suspect that You are not over 18 years, then We reserve Our right to bar or terminate Your Bar4Fun account facilities immediately and without notice.
3.1 Upon registration, You will select a Password and Bar4Fun User Name that You can use to access Your Account and Bar4Fun User profile. We will then send You, by email, a validation code which You will need to use when You access Your Account (See paragraph 4 below for details on Your Account) for the first time.
3.2 You are responsible for maintaining the confidentiality of Your Password and Bar4Fun User Name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using Bar4Fun and will not be liable where Your Password or Bar4Fun User Name are used by someone else.
3.3 You agree to notify Us immediately of any unauthorised use of Your Password or Bar4Fun User Name or any other breach of security of which You become aware.
4.1 You do not have to be a registered Bar4Fun User (i.e. to have opened Your Account) to search for other Bar4Fun Users on the site. You must be registered however in order to e-mail, chat, purchase or receive Drinks. There is no charge for using any of the Bar4Fun services other than the charges connected with making deposits, withdrawals and buying Drinks as set out below. You can register at any time by clicking on the "Join the Bar" link on the Bar4Fun Home Page.
4.2 When You register with Bar4Fun, an account will be set up for You. You can deposit money into Your Account via our third party payment provider (see below) and use funds used in Your Account to buy Drinks for other Bar4Fun Users and withdraw any funds held in that Account subject to paragraph 4.5.
4.3 Depositing Funds into Your Account
4.3.1 Payments into Your Account can be made by most major credit or debit cards via our third party payment provider Worldpay. Payment will be debited from Your credit card account when You press "Make Payment" to pay monies into Your Account.
4.3.2 You will be charged commission on all payments into Your Account as follows:
· Deposit of £2.00: 50 pence commission charge
· Deposit of £5.00: 25 pence commission charge
· Deposit of £10.00 or more: No commission charge
This commission is charged by us in order to cover the commissions applied for processing your transaction with Worldpay and Our administration charges.
4.3.3 You confirm that the debit or credit card that is being used is Yours. All debit/credit cardholders are subject to validation checks and authorisation by the card issuer and delays in deposits or payments may arise and may vary according to the card that You are using. If the issuer of Your card refuses to authorise payment, or We or Our agents or third party payment provider are unable to contact Your card issuer, We will not be liable for any delay and We are not obliged to inform You of the refusal.
4.3.4 We are not responsible for Your card issuer or bank charging You as a result of the processing of Your debit/credit card payment in order to use Bar4Fun.
4.4 Buying Drinks
4.4.1 For Our latest Bar4Fun "Drinks Menu" that sets out all of the current Drinks prices Click Here. The price of the Drink that You purchase will be confirmed to You before and after You press "Submit" to buy a Drink whether as a Drink4Gift or Drink2Chat. For details on the currency that may be used to make a payment, please refer to the Bar4Fun FAQs.
4.4.2 When You buy a Drink, You will automatically be agreeing to pay 20% of the Drink's cost to Bar4Fun ("Barman's Tip") plus VAT and the remainder of the value to be paid to the other Bar4Fun User. All Drinks Menu prices listed include the Barman's Tip and all VAT.
4.4.3 You must ensure that You have checked and agree to the Drinks transfer and purchase price and that You have checked the User Name of the other Bar4Fun User to whom You want the Drink to be sent before You press "Submit". We will not provide a refund to You where You change Your mind or where You input information incorrectly after You have confirmed Your Drinks order and pressed "Submit".
4.4.4 If, when You have bought a "Drink2Chat" (see paragraph 1.2 above for details) for another Bar4Fun User, they close their dialogue box during the agreed five minutes chat time after having agreed to receive the Drink to Chat, then Bar4Fun will automatically transfer the full value of the Drink (therefore including the Barman's Tip and VAT) back to Your Account. For more details regarding the operation of Drinks2Chat, please refer to the Bar4Fun FAQs .
4.5 Withdrawing funds from Your Account
4.5.1 You can withdraw monies from Your Account at any time by clicking on "My Credit" and following the steps set out therein. You will be required to type in Your Password and Bar4Fun User Name before any funds can be withdrawn. For fraud and security reasons, You are not able to withdraw funds to Your credit card. Withdrawals must be to an account held in the same name given on registration and all withdrawals are processed via our third party payment provider (PayPal) and will be sent to the email address that You register with Bar4Fun. It is therefore essential that You register the same email address with Bar4Fun as You do with PayPal. It is Your responsibility to notify us and PayPal of any changes to this email address.
4.5.2 Please note that You can not withdraw any sum from Your Account under the value of £7.50. A 2% handling fee is charged on all withdrawals to cover our administration charges and any charges payable to our third party payment provider, PayPal.
4.6 Other
4.6.1 Any amounts mistakenly credited to Your Account remain Our property and will be deleted from Your Account as soon as such mistake comes to Our attention. Any such monies withdrawn by You will constitute a debt to Us owed by You.
4.6.2 We will not extend credit for Your use of Bar4Fun.
4.6.3 The current balance of monies contained in Your Account will be displayed on Your Account homepage. You can view this balance at any time by clicking on the "My Credit" link.
4.6.4 Transfers, deposits and withdrawals of funds via Bar4Fun are processed by a third party payment provider who may impose additional terms and conditions.
4.6.5 For queries on payments and Your Account, please see the Bar4Fun FAQs section.
4.6.6 We use a third party payment provider who may impose additional terms and conditions.
5.1 You agree that in using Bar4Fun You will not:
5.1.1 email, transmit or otherwise disseminate any content (including, text, photographs or other images) which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or that is illegal;
5.1.2 transmit on Bar4Fun, personal data regarding another Bar4Fun User including, without limitation, their email, address or other contact details that would enable another Bar4Fun User or third person to contact them without utilising Bar4Fun or with their express consent;
5.1.3 use Bar4Fun in any way that may lead to the encouragement, procurement or carrying out of any criminal activity including canvassing, prostitution or soliciting;
5.1.4 use Bar4Fun for any purpose other than Your personal use;
5.1.5 use Bar4Fun to impersonate any person or entity (including, but not limited to, any of Our employees or representatives) nor falsely state or otherwise misrepresent Your affiliation with a person or entity; or
5.1.6 cause any part of Bar4Fun to be interrupted, damaged or otherwise impaired.
5.2 The trade marks, logos, graphics, photographs, animations, videos and text appearing on the Bar4Fun Site are Our intellectual property and cannot be reproduced, used or displayed without our express authorisation and are only provided to You for Your personal use only when using Bar4Fun.
5.3 You are prohibited from editing, communicating to the public, copying, duplicating, downloading, broadcasting, passing on, commercially exploiting and/or distributing in any way the services, web pages of the Bar4Fun Site or the computer codes of elements comprising the Bar4Fun services and website.
6.1 We have no responsibility or control over the contents of communications made by or between Bar4Fun Users and can not be held liable for any contents of or consequences of such content. You must be aware that any information provided by another Bar4Fun User may be incorrect or misleading and it is Your responsibility to take precautions and use common sense when using Bar4Fun and providing any information to another Bar4Fun User. You may find other Bar4Fun Users' use of Bar4Fun offensive, harmful or deceptive. If You have any complaints regarding another Bar4Fun User then You should use the Complaints Process set out below.
6.2 Where You buy a Drink to Chat (see paragraph 1.2 above for details) for another Bar4Fun User, other than monitoring whether the Dialogue box of the receiving Bar4Fun User remains open for the agreed five minute period where they have agreed to receive the Drink2Chat, We do not have any control over whether or how the receiving Bar4Fun User actually communicates with You during that five minute period. If You have any complaints regarding another Bar4Fun User then We cannot provide a refund or compensation and Your only redress will be via the complaints process set out in paragraph 7 below.
6.3 Nothing in these Terms and Conditions shall exclude or limit Our liability for fraudulent misrepresentation or for death or personal injury resulting from Our negligence or the negligence by Us, Our employees or agents.
6.4 To the fullest extent permissible by law, We disclaim any and all warranties of any kind (whether express or implied) in relation to Bar4Fun and any items accessed or purchased by You via Bar4Fun or a third party provider. Your statutory rights as a consumer (including Your right to receive a reasonable standard of service) are not affected.
6.5 Our liability in tort, contract, negligence, pre-contract or other representations or otherwise arising out of or in connection with Bar4Fun and/or these Terms and Conditions shall be limited in aggregate to the net payment to Us from You (as opposed to another Bar4Fun User or third party via Bar4Fun) in any 1 month period.
6.6 We do not accept any liability for damage to Your computer system or loss of data that results from Your use of Bar4Fun and We cannot guarantee that any files that You download are free from viruses, contamination or destructive features.
6.7 Whilst We use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, We do not warrant that Bar4Fun will be available uninterrupted and in a fully operating condition nor that the information on Bar4Fun itself will be free from errors or omissions.
6.8 Access to Bar4Fun may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons reasonably beyond Our control.
6.9 All content and services on Bar4Fun are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty in respect of Bar4Fun or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via Bar4Fun. Any decisions or action taken by You on the basis of information provided on or via Bar4Fun is at Your sole discretion and risk.
6.10 In the event that Our third party payment provider terminates, amends or suspends its service to Us, we will use our reasonable endeavours to reconnect the service and any outstanding transactions as soon as possible, but You acknowledge that some delays may occur and we reserve the right to change the payment arrangements from time to time, including where required to do so by Our current third party payment provider. Any such changes will be notified to You on the Site.
7.1 If You have any other specific complaints about another Bar4Fun User or any other aspects of Bar4Fun then You can contact Us at anything@bar4fun.com. Please note that We are under no obligation to take any action against a User unless required by law.
8.1 You warrant that:
8.1.1 You are over 18;
8.1.2 all information and details provided by You to Us (including on registration) are true, accurate and up to date in all respects and at all times (note that You can update or correct Your personal details at any time through amending Your Account details); and
8.1.3 You will undertake to comply with the restrictions on Your use of Bar4Fun as set out in paragraph 5 and all other Terms and Conditions set out herein.
8.2 You agree to indemnify and hold Us harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from Your use of Bar4Fun including any breach or suspected breach of these Terms and Conditions or Your violation of any law or the rights of a third party.
9.1 A Bar4Fun service transaction commences the moment that You click "Make Payment" to deposit funds into or by clicking "Cash out 2 me" to withdraw funds from Your Account or to purchase a Drink4Gift by clicking "Submit". This means You will not be able to make any cancellation or to obtain a refund in relation to such transaction.
9.2 You may cancel any Drink2Chat that You may purchase only up to the point at which the Bar4Fun User chooses to Accept Your Drink2Chat. It is your responsibility to cancel your pending Drink2Chat before it is accepted or declined by another User by clicking the “Cancel” link on the confirmation of drink2chat purchase pop up when displayed or in the instant message window when displayed. A pending Drink2Chat can always be cancelled in the "Drink status" located in "My Bar". In certain circumstances where the other Bar4Fun User accepts the Drink2Chat immediately, You will not then have a right to cancel since the Drink2Chat will be provided straight away. For more details, see the Bar4Fun FAQs.
10.1 You can terminate Your Account at any time by using the "Contact Us" link located within "My Bar" and sending us an e-mail requesting termination. You must follow the steps confirmed to You by email when You request a termination in order to withdraw monies from Your Account. Failure to follow such steps will mean that You will be deemed to agree to the transfer of such monies to Us. Any withdrawal of monies on termination is subject to the provisions of paragraph 4.5 above.
10.2 We reserve the right to terminate or suspend Your account where:
10.2.1 You have not used Bar4Fun services for a period of six months or more; or
10.2.2 We have reason to believe or suspect that You are acting in breach of these Terms and Conditions; or
10.2.3 otherwise, where required to do so by law.
10.3 If We see fit to terminate Your Account or other access to use of Bar4Fun pursuant to these Terms and Conditions, We reserve the right to cancel any Drink transactions underway at Our discretion. If You are the receiving Bar4Fun User of such a Drink, You consent to Our right to cancel such Drinks transfer. On such termination, all monies held in Your Account will be returned to the account that You have registered with Us subject to a handling fee of 2% and such other amounts as We deem appropriate at Our discretion to withhold as compensation for any breach or suspected breach by You.
11.1 You must read Our Security and Privacy Policy which contains important information about the use of Your personal data other information regarding Your Privacy and Our Security Processes and policies.
12.1 We are constantly looking for new ways to improve Bar4Fun and to enhance Your experience. We therefore reserve the right to amend and develop Bar4Fun at any times including, without limitation, the Drinks Menu and these Terms and Conditions. All such changes will take effect once they have been posted on the Bar4Fun website and You will be deemed to have accepted any such changes forthwith from such point. If You do not accept any changes made, then You can exercise Your right of termination under paragraph 10 at any time.
13.1 Each provision of these Terms and Conditions shall be constructed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part.
14.1 These Terms and Conditions shall be governed by the laws of England and You agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
15.1 You may contact Us by email at anything@bar4fun.com. Only correspondence sent to this email address will be responded to by Us at Our discretion.
15.2 Bar4Fun is a limited liability company registered at The Kings Mill Tax Practice, 75 Park Lane, Surrey, CR9 1XS, UK .
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