User Terms and Conditions
1. About these Terms and Conditions
1.1 Background. These User Terms and Conditions (the Terms) govern the contractual relationship between L’Elite Ltd Limited (company number 11684754), (we or us) and the individual subscriber who makes use of our social networking service for elite dating. The service can be accessed through the L’Elite website at https://lelite.co.uk/
1.2 (The Website) or via our iOS and Android mobile app (the App). The related online documentation is referred to as the Documentation.
1.3 Important definitions. The Website, the App, the Documentation and any other services that L’Elite makes available for you to use are collectively referred to as the Service. The term “the Service” also refers to any of those constituent elements.
1.4 Application of Apple and Google Apps rules. The ways in which you can use the App and related documentation may also be controlled by Apple and Google Apps rules and policies. In the event of any conflict between these Terms and the Apple and Google Apps rules and policies, the Apple and Google Apps rules and policies will apply.
1.5 PLEASE READ THESE TERMS CAREFULLY. BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.
2. Eligibility to use the Service
2.1 Age restrictions. The Service is only intended for use by private individuals aged 18 or over.
2.2 Application process. Before you can use the Service, you first need to register with L’Elite and apply to become a member of the Service. During the course of registration, you will be asked to provide proof of identification, this will be gathered via Facebook verification log in - together with a username and email address, and certain personal details for your profile including:
2.2.1 A real time photograph of yourself;
2.2.2 your wishes regarding a partner; and
2.2.3 Other basic information such as your Location (City)
2.3 Notification of outcome of membership application. We will decide, in our sole discretion, whether you meet our criteria for admission as a member of the Service, and will notify you of the outcome within 14 days of receiving the full set of information that is requested on the App. We will not enter into correspondence with prospective members about the merits of their applications or the basis of our decision.
2.4 Accuracy of information. When setting up your account, you must provide information that is complete, accurate and up-to-date. You must also keep the information in your account regularly updated. We may take reasonable steps to verify the information that you provide.
2.5 Pre-decision withdrawal of application. If you decide, at any time before we notify you of the outcome of your application, that you wish to withdraw from the application process, please email us at firstname.lastname@example.org
3. Subscription fees
3.1 Monthly subscription fees. Subject to approval of your application for membership of the Service, you will become entitled to use the Service provided you pay the monthly subscription fees.
3.2 Fee rate and payment arrangements. The subscription fee is £34.99 per month, and is payable via the App store or Google play. We also have a 6-month fee plan priced at £139.99 and a 12-month plan of £239.99 also payable through Apple store or Google play store.
3.3 Automatic monthly renewal. Your subscription to the Service will continue indefinitely, unless you cancel through the relevant app store in subscription settings or cancelling via contacting us about the subscription in accordance with these Terms. You agree that your membership will be subject to automatic monthly renewal on the basis set out in this Section 3 (Subscription fees), and that the monthly subscription fees will be automatically charged and taken without further reference back to you, until the subscription is cancelled.
3.4 Changes to monthly subscription fee. We may revise the monthly subscription fee by giving you as much notice as possible via the Website or the App. This is in order to give you the opportunity to cancel your subscription before the fee change takes effect, should you wish to do so. If you continue to use the Service after any such increase takes effect, you will be deemed to have agreed to the increase.
3.5 No refunds. Except where clearly stated in these Terms, monthly subscription fees will not be refunded once they have been paid. In particular, if you choose to terminate partway through a month, there will be no refund of subscription fees for the unexpired portion of the relevant month.
4. Cancellation of subscription
4.1 Cancellation by you within the first 14 days. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015, you have a right to cancel your subscription within 14 days of commencing use of the Service. You can exercise this right by sending a notice of cancellation to us at email@example.com no later than 14 days after we take your first instalment of monthly subscription fees, in which event we will refund your first month’s subscription fees.
4.2 Cancellation by you at any time after the first 14 days. You may cancel your subscription on 7 days’ notice at any time by sending a notice of cancellation to us at firstname.lastname@example.org.
4.3 If that 7-day period expires before your next instalment of monthly subscription fees is due, no further charge will be made to you. If that 7-day period expires after your next instalment of monthly subscription fees is due, the relevant subscription fees will be taken and no refund will be made.
4.4 Cancellation by us without cause. We may cancel your subscription by contacting you, without giving reasons, on 3 days’ notice at any time. If that 3-day period expires after your next instalment of monthly subscription fees is due, we will not take the relevant subscription fees.
4.5 Cancellation by us with cause. We may also cancel your subscription, with immediate effect, by contacting you if you have failed to comply with your obligations under these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
4.6 Consequences of cancellation. If your subscription is cancelled (whether by you or by us):
4.6.1 you must stop all activities authorised by these Terms, including your use of the Website, the App and any other elements of the Service;
4.6.2 you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have, and confirm to us that you have done this;
4.6.3 we may remotely access your devices and remove the App from them and cease providing you with access to the Services; and
4.6.4 any information included in your profile, and any messages sent to other members, will be deleted.
5. Rights and restrictions on your use of the Service
5.1 Things that you are allowed to do using the Service. In return for your agreeing to comply with these Terms (including the restrictions set out in paragraphs 5.2 and 5.3 below), you may:
5.1.1 download or stream a copy of the App onto 5 mobile telephone or handheld devices and view, use and display the Service on such devices for your personal purposes only;
5.1.2 use any Documentation to support your permitted use of the App and the Service;
5.1.3 receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
5.2 Things that you are not allowed to do using the Service – licence restrictions. You agree:
5.2.1 that you will not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part, to any person without prior written consent from us (except in accordance with paragraph 5.1 above);
5.2.2 that you will not copy the App or the Service, except as part of the normal use of the Service or where it is necessary for the purpose of back-up or operational security;
5.2.3 that you will not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, the Documentation or the Service nor permit them or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these Terms;
5.2.4 That you will not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service nor attempt to do any such things, except to the extent that such actions cannot be prohibited as a matter of law;
5.2.5 that you will comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or other aspects of the Service;
5.2.6 that if you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so, and you agree to be responsible for complying with these Terms, whether or not you own the phone or other device on which you are using the Service.
5.3 Things that you are not allowed to do using the Service - acceptable use restrictions. You agree:
5.3.1 that you will not use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Service or any operating system;
5.3.2 that you will not infringe our intellectual property rights or those of any third party in relation to your use of the Service, including by the submission of any material (to the extent that such use is not licensed by these Terms);
5.3.3 that you will not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;
5.3.4 that you will not use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
5.3.5 that you will not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.
6. How we use your data
6.1 Personal data. We only use personal data we collect through your use of the Service in the ways set out in our Privacy Notice which you can access here: https://www.lelite.co.uk/privacy-policy
6.2 Technical data. By using the App or any part of the Service, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals, in order to improve our products and to provide the Service to you.
6.3 Location data. Certain parts of the Service will make use of location data sent from your devices. You can turn off this functionality and stop us collecting such data at any time by turning off the location services settings for the App on the device. If you use these parts of the Service, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
7. Our responsibility for loss or damage suffered by you
7.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
7.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
7.3 We are responsible damage to your property in certain situations. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. You can find the minimum system requirements for the App through the app store.
7.4 We are not responsible for business losses. The Service is intended for private and personal use only. If you use the Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.5 We are not responsible for other websites you link to. The Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
7.6 We are not responsible for events outside our control. If our provision of the Service or support for the Website or the App is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your membership with us and receive a refund for the unexpired portion of any month for which you have pre-paid the monthly subscription fees.
7.7 You are responsible for using the Service in a prudent and reasonable manner. The Service is provided for general information and entertainment purposes only, and has not been developed to meet your individual requirements. Please also be aware that internet transmissions are never completely private or secure and that any message or information you send using the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. We recommend that you check the facilities and functions of the Service (as described on the Appstore site and in the Documentation) to ensure that it meets your requirements, and that you exercise caution, judgement and common-sense when using the Service, and in particular when sharing information or photographs about yourself or making arrangements to meet other users. We make no representations, warranties or guarantees, whether express or implied, that the information provided by members is accurate, complete or up to date.
7.8 You are responsible for backing up the content and data that you use with the Service. We recommend that you back up any content and data used in connection with the Service, to protect yourself in case of problems with the Service.
7.9 Reporting. L’Elite has no legal obligation to monitor the content sent or stored via the Application, however, we have a reporting and community moderation system in order to report some illegal, abusive and prejudicial content. In such case and after due verification by customer service, L’Elite commits to promptly remove the said content with 24 hours if it follows guidelines. L’Elite’s team takes this reporting procedure very seriously.
Our Members can also decide to block another Member in order to prevent any conversation with him or her.
Our reporting system is located as follows:
8.1 Changes to these Terms. We may need to change these Terms to reflect changes in law or best practice, or to deal with additional features which we introduce. We will give you as much notice as possible of any change by notifying you of a change when you next use the App or the Website via notification through the relevant app store. If you do not accept the changes that we have notified, you will not be permitted to continue to use the Service and you may apply [to the Appstore] for a refund of the unexpired portion of any pre-paid monthly subscription fees, which will reflect the period the Service has been available to you prior to cancellation.
8.2 Changes to the Service (including updates to the App or the Website). From time to time we may automatically update the App or the Website, or change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Service. (The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you first became a member.)
9. Intellectual property rights
9.1 Ownership of intellectual property rights. All intellectual property rights in the App, the Website, the Documentation and the Service generally, throughout the world, belong to us (or our licensors) and all such rights are licensed (not sold) to you, subject to your compliance with these Terms.
9.2 No transfer of Intellectual Property Rights to you. You have no intellectual property rights in or to the App, the Website, the Documentation or any other aspect of the Service, other than the right to use them in accordance with these Terms.
10.1 You may not transfer the Service to someone else. These Terms give you the right personally to use the Service as set out above. Apart from the sharing rights stated in these Terms, you may not otherwise transfer the Service (or your rights and obligations under these Terms) to someone else, whether for money, for anything else or for free. If you sell any device on which the Service is installed, you must remove the Service from it.
10.2 We may transfer our agreement with you to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under our contract with you.
10.3 No rights for third parties. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of our contract with you.
10.4 If a court finds part of this contract illegal, the rest will continue in force. Each paragraph of these Terms operates separately from the others. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.5 Even if we delay in enforcing this contract, we can still enforce it later. Even if we delay in enforcing our contract with you, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your non-compliance with them, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
10.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
10.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider we use. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
11. Contact arrangements
11.1 How you can communicate with us. If you think that the Service is faulty or misdescribed, or wish to contact us for any other reason, please email our customer service team at email@example.com
11.2 How we will communicate with you. If we have to contact you individually, we will do so by email using the relevant details that you have most recently provided via the App or the Website. We may also post general updates about the Terms or the Service on the App or the Website.