Article 1. Definitions
CASUAL CLUB:Multi-access dating service for a charge, released by the company Tekka Digital SA. Some parts of CASUAL CLUB service can be accessed free of charge whereas other services may be reserved for Members and may be at a fee.
Subscription:Means of payment to enjoy the services provided by CASUAL CLUB.
Fees:Types of contracts signed to enjoy CASUAL CLUB services with 3 days, weekly, 15 days, monthly, quarterly or annual access. Special service packages and offers will also be provided.
Member:A user who has properly signed up for CASUAL CLUB services, independently of whether he/she pays a subscription fee.
Article 2. Access and signing up for CASUAL CLUB
Devices (computers, applications, telecommunication devices, etc.) used to access the Services, as well as telecommunication fees necessary to use them are at the exclusive expense of the Member.
In order to become a member of CASUAL CLUB, one must be at least 18 years of age and fill out all the mandatory fields on the sign-up form. The member guarantees that the information provided is accurate and corresponds to the truth. The member shall immediatly inform CASUAL CLUB of any changes for the information entered during the sign-up process or, if need be make the necessary changes in the personal area under the section 'profile' on the CASUAL CLUB site. That being said we do not guarantee the accuracy of information provided by users of the Service, or assume any responsibility to carry out checks to this effect: the user is the solely responsible for the content of profiles, public publications, messages, photos and other material that the user uploads to the Service or for the other users of the Service. If the indispensable conditions are fullfilled at the moment of signing-up, each member can have a nickname and a password for each profile for which a user has been activated.
The user can create and manage multiple personal profiles, but must sign up for a subscription plan for each of the profiles with which it intends to operate within the CASUAL CLUB platform. Usernames and passwords are strictly personal and confidential and should not be disclosed or shared with third parties. CASUAL CLUB will be in no event liable for the loss of identity and / or password by the Members. If the members forget their password, they can make a request by writing to CASUAL CLUB at www.help-tkd.com. CASUAL CLUB will send the password related to the user's nickname, to the e-mail address provided by the user.
Should a Member divulge or use his/her access credentials against their purpose, CASUAL CLUB reserves the right to close the account of the Member without any notice. However, Members have the right to change or edit their password as they wish. CASUAL CLUB's records will keep the last password entered only and the those used in the past will be replaced with the newest one set. Members must confirm the accuracy of the e-mail address provided during the sign-up process by replying to a confirmation e-mail sent by CASUAL CLUB staff. Should a Member fail to reply to the confirmation e-mail in a fortnight after signing up, could not gain access to all the services, and CASUAL CLUB reserves the right to delete the profile. The Member shall be solely responsible for the use of their credentials by third parties or for the actions or statements made through his personal account, whether fraudulent or not. The Member agrees to indemnify and hold harmless CASUAL CLUB from any claims of third parties with this regards.
CASUAL CLUB does not have the means to ensure the identity of the people registered in its Services, Therefore is not responsible for any misuse of a Member's identity. If the Member has a reason to believe that third parties use their login credentials or their account, has the obligation to immediately inform CASUAL CLUB. If a Member wishes to introduce a friend and provides the relevant data to CASUAL CLUB, it undertakes to obtain from that friend the explicit consent of the personal data processing by CASUAL CLUB, which will be used exclusively to send, in the name and for the account of the Member who has provided their data to CASUAL CLUB, an electronic message to inform him/her about CASUAL CLUB and its Services. The Member is also solely responsible for such CASUAL CLUB friend and of others, and the consequences of transmitting its data to CASUAL CLUB.
Access credentials of Members who have not been using the service may be deleted 6 months after the last valid access to CASUAL CLUB site. Furthermore, CASUAL CLUB reserves the right to deactivate the profiles of Members, who have not replied to the confirmation e-mail sent to the e-mail address that they entered on the registration form, after the first step of the sign-up process, within a period of fifteen days, starting from the date the sign-up confirmation e-mail is sent by CASUAL CLUB system. CASUAL CLUB reserves the right to delete Members' messages 6 months after their send date.
Article 3. Using CASUAL CLUB
3.1 Code of conduct and anonymityAfter signing up and paying for the membership fee chosen, the Member can access the available services at CASUAL CLUB. The price and terms of payment of the various services are accessible later on, at the time of viewing and using the services to which the member wishes to register, as well as when viewing and using the related fees. During the usage of these services, the member undertakes to abide by the following rules in particular:
- Abiding by the laws in vigor and observing third-party rights.
- DO NOT use CASUAL CLUB for professional, commercial or private purposes (client search, etc.) or for illicit, illegal, immoral, indecent scopes or against public order and policy.
- Publishing, disclosing or broadcasting exclusively information or content corresponding to the truth, independently of its form.
- Do not declare or word expressions or divulgate content in any form that violates third party rights or any slanderous, abusive, obscene, pornographic, pedapornographic, offensive, violent or inciting violence, political, racist or xenophobic content and, in general, any content not compliant with the business purpose of CASUAL CLUB, laws in power, public policy, personal rights, moral and protection of minors.
- Do not communicate any personal information (electronic address, mail address, telephone number, etc.) at CASUAL CLUB site that might allow a Member to contact another Member without having to use CASUAL CLUB.
- Do not publish, disclose or broadcast information or content in any form that could diminish, disorganize or prevent the regular use of the Services, interrupt and/or slow down the regular transmission of the messages between Members by means of the Services, such as applications, viruses, Trojan horses, sending mass messages (spam), etc. CASUAL CLUB reserves the right to eliminate messages sent by a Member in bulk in order to make sure that other Members can use the services at a proper quality level.
- Do not publish, disclose or broadcast information or content in any form, which contains advertisement of any kind or links to other websites.
To that matter, CASUAL CLUB reminds its Members that they cannot disclose or divulgate information to other CASUAL CLUB Members at CASUAL CLUB site which can be used to identify them, such as their last name, mail or e-mail address and telephone number. Furthermore, should you want to meet another user whom you have met at CASUAL CLUB, we recommend you to inform a friendly person and choose a public place (cafés, restaurants, etc.).
In order to safeguard and protect its users, CASUAL CLUB has made a service available for protection against the drawbacks of the Internet. Apart from the regular and continuous controls on the quality of the service, we suggest you to follow the classical set of rules below:
- It is a good idea to get to know each other thoroughly by e-mail before exchanging personal information (telephone number, home or office address).
- We recommend you to never tell anyone your home address.
- Should you decide to call someone you've met on the web, it is a good idea to hide your caller ID on your telephone.
- If you want to stop communicating with someone, let them know immediately and gently, but be determined in doing so.
- If you think that a profile is fake or you've received an improper message (spam, advertising, vulgar or racist statements, false statements) from a user click on the 'report user' link to report them.
- Should you decide to meet one of the persons that you are in contact with on-line, ask them to send you a photograph.
- Suggest or accept a meeting only if you feel completely comfortable with the person you'd like to meet.
- Choose a public and crowded place to meet.
- If you do not have your own car, make arrangements so that you can go back home independently.
- Inform a friend or relative of the meeting and tell them what time you should be back home.
3.2 Signing up and using the servicesAt CASUAL CLUB website, users may or may not use a nickname to create their profile. The requested e-mail address won't be disclosed to other users. Further contacts will be done using internal services. The member's identity will always remain protected, as long as the member decides not to disclose it to other members.
Signing up for the portal is strictly reserved to adult users and it is completely free of charge. Members can purchase a subscription and contact other members of the service offered by CASUAL CLUB.
Members can opt for the type of subscription that best satisfies their needs and purchase products available at that moment by paying with a credit card.
CASUAL CLUB allows its Members to consult the files of other people who are also members of CASUAL CLUB. CASUAL CLUB reserves the right to charge different fees or offer free access to some categories of subscribers or during particular promotions that might be offered. In any case, the prices and means of payment of the different services can be viewed at CASUAL CLUB site any time and, at the latest, while viewing and using the Services that the Member wants to subscribe for, as well as while viewing and using the corresponding fees.
3.3 Automatic renewal of the membershipPurchasing one of the subscriptions on the Internet by credit card, will be automatically renewed for the duration of the subscription, unless the Member cancels his/her subscription, by sending a fax to the number +41 91 604 6509, or by clicking on this link in case of a purchase through EPOCH, within the following deadlines:
- Not later than 24 hours prior to the subscription expiry, in case of a 3 days subscription;
- Not later than 48 hours prior to the subscription expiry, in case of a 7 days subscription;
- Not later than 5 days prior to the subscription expiry, in case of a 15 days subscription;
- Not later than 15 days prior to the subscription expiry, in case of a quarterly subscription;
- Not later than 30 days prior to the subscription expiry, in case of a semestral subscription;
- Not later than 60 days before the subscription expiry, in case of an annual subscription.
The promotional package of 7 days purchased through Epoch, will be automatically renewed with the monthly package, in case there won't be a cancellation request from the subscriber within the above mentioned terms.
Nevertheless, if, for any reason, CASUAL CLUB (in the absence of notice of the member in the terms listed below) were not able to make the renewal of one of the subscription options described, it will proceed to transact the corresponding sum to the "monthly cost" for the subscription duration.The "monthly cost", which you can see when you select the subscription formula, is given from the total subscription amount divided by the number of months (e.g. for the 6-month subscription: it is Total subscription cost divided by 6).Therefore the subscription will be renewed on monthly basis.
In this specific case the unscubscription will be done:
- Not later than 7 days before the subscription expiry, in case of a monthly subscription.
Article 4. Termination of contract and elimination of profile
Without prejudice to the other provisions of these rules, in case of breach of this Regulation by the User, CASUAL CLUB reserves the right to suspend or terminate the registration of the contract without notice or refund and /or undertake legal action against the User.
Such resolution will have full effect, without prejudice to CASUAL CLUB's rights to take legal action against the member or his/her assignors to claim for identification for any damage suffered as a conseguence of the improper use of the service. The member will be informed of the termination or of the confirmation of the termination of his/her account by e-mail. Data pertaining to the member will be destroyed immediately after he/she makes an express request or by the deadline foreseen by Swiss laws concerning the conservation of personal information.
Article 5. Responsibility and warranty
5.1 Information and content provided by Members
- The data provided by a CASUAL CLUB Member must be accurate and correspond to the truth. The Member is exclusively liable for the consequences to the Member's and/or other Members' lives arising from divulgating them.
- CASUAL CLUB cannot be held liable for the correctness or imprecision of the information and the content provided by Members and/or visitors of the site and/or the Member and consequences arising from them. Likewise, CASUAL CLUB cannot be held liable for the contents divulgated by a Member that might breach the rights of one or more other Members or third parties.
Should CASUAL CLUB be held liable for the violation of the obligations arising from the law in vigor and these Terms and Conditions by a Member, the Member shall seek to keep CASUAL CLUB unharmed from and indemnify CASUAL CLUB for any claim.
CASUAL CLUB does not guarantee that the services will function without interruption or error. In particular, their use may be temporarily interrupted for maintenance, upgrades , technical improvement, or modification of the content of its mode of presentation. When possible, CASUAL CLUB will inform its Members prior to maintenance work or updates. AOL, Safari - Mac users, due to the specifics of their Internet browser, may encounter operating problems. CASUAL CLUB will not be responsible in any case of failure due to the connection using this access provider. Moreover, CASUAL CLUB shall not be held responsible for any malfunctions, inability to access or bad conditions of use of the site CASUAL CLUB due to unsuitable equipment, dysfunctions internal to access supplier, the network traffic and any other reason beyond the control CASUAL CLUB .
At sign up, members will be requested to fill out an introductory survey to understand their personality profile. This information and other personal informations will be stored in CASUAL CLUB's database and can be compared against the information of other CASUAL CLUB members using an algorithm property of CASUAL CLUB in order to find matches based on the compatibility of two members. After the information contained in a members profile is compared to the information of all other members stored in the database, he/she will receive a list of users who may be compatible.
Members may comunicate with other service users after purchasing a subscription, with automatic renewal option active, pursuant to item 3.3
The global responsibility of CASUAL CLUB is limited to the amount actually paid by the Member for the service involved in a violation. CASUAL CLUB cannot be held liable for indirect damages suffered by the Member under any circumstance, and in particular, for loss of data, damages to the image, reputation, etc. (also for the copies) or registrations done by the Member, since the Member is responsible for making backup copies.
5.3 LinksThe CASUAL CLUB site or third parties can include links or other websites, different from the CASUAL CLUB site, or other Internet sources.
CASUAL CLUB site or third parties could include hypertext links to other web sites or other Internet sources other than CASUAL CLUB site. Since CASUAL CLUB cannot control those sites and outside sources, it cannot be held liable for their availability, content, advertisements, products and services or any other element available in or starting from those sites or external sources. Any dysfunction regarding a link must be communicated to the administrator or the webmaster of the site concerned Consulting and/or using those sites and external sources are governed by their specific end-user conditions. If the result of research conducted on the CASUAL CLUB site takes the Member to access sites, pages or forums whose title and / or content is a violation of applicable laws, the Member must cease consultation of the site. Otherwise it will be considered responsible for his actions, since CASUAL CLUB is not.
Article 6. Agreement between the Member and CASUAL CLUB
Article 7. Report abusive users
Article 8. Banned users
Article 9. Changes to CASUAL CLUB or of Terms and Conditions
Article 10. Applicable jurisdiction – choosing the jurisdiction
Article 11. Who are we
For questions concerning the right to access and amendments and, more generally, rights concerning privacy, www.help-tkd.com
- Service supplier:Tekka Digital SA
- Photo gallery:fotolia.com, stockphoto.com
- Address and Commercial Register:Tekka Digital SA Via Balestra 12, 6900 Lugano Svizzera
- Commercial register:CH-501.3.015.973-2
- EUROPEAN VAT ID:EU528001072