Terms And Condition

1. Introduction

1.1 Welcome to PEL. These terms and conditions of use (“Terms”) apply to our mobile and web application (the “App”) and explain how you may use our App and any of its content.

1.2 By downloading or using our App, you are agreeing to these Terms which are legally binding. Please therefore read these Terms carefully together with our privacy policy before you download and use the App. Only download and use the App if you have read the rules and agree to them. If you do not agree to these Terms, we will not allow you to use the App and you should not download or use it.

1.3 We license you to download and use the App provided you follow all of the rules described in these Terms. The licence:

1.3.1 is only for you personally (and anyone else that the App store lets you share the App with) and for non-business use;
1.3.2 starts when you download the App; and
1.3.3 covers content, materials, or services accessible from, or bought in, the App including all of our support resources. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.

1.4 In these Terms, we refer to the site that you download the App from as the ‘App store’ and we refer to their rules and policies as the ‘App store rules’. You must comply with the App store rules as well as these Terms.

1.5 You do not own the App or any of its contents but you may use it on devices that you own or control, as permitted by the App store rules. You are not allowed to:

1.5.1 modify the App’s code in any way, including inserting new code, either directly or through the use of another App or piece of software;
1.5.2 deliberately attempt to avoid or manipulate any security features included in the App; or
1.5.3 pretend that the App is your own or make it available for others to download or use (including by way of copying the code of the App and creating an independent version).

2. Your account

2.1 Before you can use the App, you will need to register for an account (an “Account”).

2.2 In order to create an Account and use the App you must be:

2.2.1 at least 18 years old; and
2.2.2 resident in the UK.

2.3 You can create an Account via manual registration, or by using the login details of a linked social media account. If you create an Account using a linked social media account, you authorise us to access, display and use certain information from your social media account (e.g. profile pictures, relationship status, location, etc). For more information about what information we use and how we use it, please check out our Privacy Policy. By using our App, you acknowledge that we may collect, process and use of your data and information in accordance with our Privacy Policy.

2.4 Unfortunately, we cannot allow you to use another person’s Account or to share your Account with any other person without permission. You are responsible for making sure that your password and any other Account details are kept secure and confidential, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your Account, please immediately inform us.

2.5 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.

2.6 If you feel the need to leave, you can delete your Account at any time by following the instructions in the ‘Settings’ page of the App. Your Account will be deleted immediately but it may take a little while for Your Content (as defined below) to be completely removed from the App. Your profile information will be treated in accordance with our Privacy Policy.

3. Content on the App

3.1 There are three types of content that you will be able to access on the App:

3.1.1 content that you upload and provide (“Your Content”);
3.1.2 content that other members provide (“Member Content”); and
3.1.3 content that we provide (including database(s) and/or software) (“Our Content”).

3.2 While we want our users to be able express themselves as much as possible and post all sorts of things on the App, there is certain content which we cannot and do not allow on the App, including content which:

3.2.1 contains language or imagery which could be deemed offensive or is likely to harass, upset, that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, (gender identity or physical appearance);
3.2.2 is obscene, pornographic, violent or otherwise may offend human dignity (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
3.2.3 is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, colour, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
3.2.4 encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
3.2.5 is defamatory or libellous;
3.2.6 relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
3.2.7 involves the transmission of “junk” mail or “spam”;
3.2.8 contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from us or otherwise;
3.2.9 itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
3.2.10 shows another person which was created or distributed without that person’s consent;
3.2.11 is harmful to minors; or
3.2.12 impersonates any other person, including falsely stating your name.

3.3 We operate a zero-tolerance policy for this kind of content. If you believe that any content which is distributed or published by the App is inappropriate, defamatory, infringing on intellectual property rights or in breach of any of the above terms, you should contact us immediately using the contact details via the App.

4. Your Content

4.1 You agree that Your Content must comply with our content guidelines as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

4.2 You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

4.3 As the App is a public community, Your Content will be visible to other users of the App all around the world instantly, so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Users). By uploading Your Content on the App, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

4.4 We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.

4.5 We do not have any obligation to store Your Content - if it’s important, you should make a copy.

4.6 So that we can prevent the unconsented use of Your Content by other members or other third parties, you authorise us to act on your behalf with respect to such infringing and/or authorised uses. This expressly includes the authority, but not the obligation, for us to send takedown notices on your behalf if Your Content is taken and used by unauthorised third parties.

5. Member Content

5.1 Other members will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.

5.2 You do not have any rights in relation to other users’ Member Content, and you may only use other users’ personal information to the extent that your use of it matches the App’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.

5.3 We don’t like users misbehaving in the App community. You can report any abuse or complain about Member Content by contacting us via the contact details on the App, outlining the abuse and/or complaint.

5.4 We reserve the right to investigate any possible violations of these Terms, any user’s rights, or any third party rights and we may, in our sole discretion, immediately terminate any user’s right to use of the App without prior notice and/or remove any improper, infringing or otherwise unauthorised Member Content submitted to the App.

6. Our Content

6.1 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 are Our Content and are owned by us and our licensors.

6.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, 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.

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

7. Restrictions on the App

7.1 You agree to comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements; use your real name and real age in creating your Account and on your profile; and use the services in a professional manner.

7.2 You agree that you will not:

7.2.1 act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
7.2.2 misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;
7.2.3 disclose information that you do not have the consent to disclose;
7.2.4 stalk or harass any other user of the App;
7.2.5 create or operate a pyramid scheme, fraud or other similar practice, or;
7.2.6 develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from the App, or otherwise copy profiles and other data from the App.

7.3 We do not control any of the things our users say or do, so you are solely responsible for your interactions with other users of the App. To the maximum extent permissible by applicable law and subject to any losses which cannot be excluded or limited thereunder, you agree to, and hereby do, release us and our successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the App.

8. Interactions with other users

8.1 We are not responsible for the conduct of any user on or off of the App. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the App or meet in person.

8.2 You agree that you will not provide your financial information (for example, your credit card or bank account information), or transfer or otherwise send money to other members.

8.3 You are solely responsible for your interactions with other users. Please note that we do not conduct criminal records checks, background checks or otherwise inquire into the background or history of our users. We therefore make no representations or warranties as to the conduct or compatibility or any our users.

9. Privacy and your personal information

Protecting your personal information is important to us. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.

10. Collection of technical information

We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the App. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.

11. Your location and location data

11.1 The App makes use of functionality on your device that can pinpoint your location. We do this in order to help match you with other users in your location. When you open the App for the first time, you will be asked whether the App can use your location and in what circumstances. You can change your choices at any time in the App settings, and you can also turn the location services off at any time. The App will still function if location services are off, but its functionality may be reduced.

11.2 We make no promise that the App is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.

12. Payment terms

In-App Purchases

12.1 We may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.

12.2 You may make an In-App Purchase through the following payment methods which may vary from time to time (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store, or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorise us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.

Subscription and Auto-Renewal

12.3 We may offer some services as automatically renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription (“Premium Services”). If you purchase an automatically renewing subscription, your subscription will renew at the end of the period, unless you cancel, at our then current price for such subscriptions. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period.

12.4 Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If we change these prices and you do not cancel your subscription, you agree that you will be charged at our then-current pricing for subscription.

Cancelling subscriptions

12.5 If you purchased a subscription directly from us, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through an App store, such as the Apple App Store or the Google Play Store, you will need to access your account with that App store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.

12.6 Because our Services may be used without a subscription, cancelling your subscription does not remove your profile from our Services. If you wish to fully terminate your account, you must terminate your account.

12.7 Our pricing varies by a number of factors. We frequently offer promotional rates which can vary based on length of subscription, bundle size and more. We also regularly test new features and payment options. We reserve the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offering; to impose conditions on the honouring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offering or to honour any offer.

Free trials

12.8 If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above.

12.9 Deleting your account or deleting the application from your device does not cancel your free trial. If you have signed up for a free trial through an App store previously, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.

Refunds

12.10 Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods.

Sales taxes

12.11 If we determine that we have a legal obligation to collect a sales tax from you in connection with these Terms or any services provided to you under these Terms, we will collect such sales tax in addition to the payments required under this section.

12.12 If any services, or payments for any services, under these Terms are subject to any sales tax and you have not remitted the applicable sales tax, you will be responsible for the payment of such sales tax and any related penalties or interest to the relevant tax authority.

13. Updates to the App

13.1 We may update the App from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the App still meets the description of it that was provided to you at the time you downloaded the App.

13.2 Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the App store.

13.3 We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the App updated to the latest version that we make available.

14. Disclaimer

14.1 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.

14.2 Additionally, we do not make any warranties that the app will be uninterrupted, secure or error free or that your use of the App will meet your expectations, or that the App, our content, any member content, or any portion thereof, is correct, accurate, or reliable. Your use of the App is at your own risk.

14.3 As noted above, you are solely responsible for your interactions with other members. We are not responsible for the conduct of any user. Please note that we do not conduct criminal background checks on our members and app users.

15. Limitation of liability

15.1 Neither us nor any of and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the App, our content, or any member content, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.

15.2 The foregoing shall apply even if we were advised of the possibility of such damages. If you become dissatisfied in any way with the app or site, your sole and exclusive remedy is to stop your use of the app and site.

15.3 You hereby waive any and all claims arising out of your use of the app or site.

15.4 If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then our aggregate liability shall not exceed the greater of one hundred pounds (£100) and the amount of subscription fees paid by you in the 12 months preceding the event which gives rise to the relevant liability.

15.5 The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The App would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.

15.6 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.

16. Indemnity

16.1 All the actions you make and information you post on the App remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

16.1.1 any negligent acts, omissions or wilful misconduct by you;
16.1.2 your access to and use of the App;
16.1.3 the uploading or submission of Content to the App by you;
16.1.4 any breach of these Terms by you; and/or
16.1.5 your violation of any law or of any rights of any third party.

16.2 We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.

17. Changes to these Terms

17.1 We may need to revise these Terms from time to time to reflect changes in the App’s functionality, to deal with a security threat or if there is a change in the law or guidance.

17.2 You will be asked to agree to any material changes in advance by an in-App notification, usually when you download an update. If you do not accept the changes, you will not be able to use the App.

18. External services

18.1 The App may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).

18.2 We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.

18.3 You must not use external services in any way that:

18.3.1 is inconsistent with these Terms or with the terms of the external service; or
18.3.2 infringes our intellectual property rights, or the intellectual property rights of any third party.

18.4 From time to time, we may change or remove the external services that are made available through the App.

19. Our responsibility to you

19.1 If we breach this contract 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 this contract was made, either it was 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 (or failed to do).

19.2 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.

19.3 If the App damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.

19.4 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.

20. Failures of networks or hardware

The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the App store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device (such as a faulty camera), App store failure or anything else that it would not be reasonable to expect us to control.

21. 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.

22. Ending our agreement with you

22.1 We can end this agreement if you do not comply with any part of it.

22.2 We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the App or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.

22.3 The consequences of the agreement ending are as follows:

22.3.1 you are no longer allowed to use the App and we may remotely limit your access to it;
22.3.2 you must delete it from any devices that it has been installed on;
22.3.3 we may delete or suspend access to any accounts that you hold with us; and
22.3.4 where it has been ended by us because you have not complied with a part of the agreement, you are not entitled to a refund.

23. Third parties

No one other than us or you shall have any right to enforce any term of these Terms.

24. Transferring this agreement

We may transfer our rights under these Terms to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result. You are not allowed to transfer your rights under these Terms to anyone without our prior written consent.

25. Complaints, governing law and jurisdiction

25.1 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 on the App.

25.2 These Terms and any dispute or claim arising out of, or in connection with, them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.

25.3 You and we irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms, their subject matter or formation (including non-contractual disputes or claims).