General Conditions

§ 1 Scope and definitions

 

(1) Welcome to the Communication Platform JUSTLO!. We (the company Justlin Ltd) give you (the user) the opportunity to use the "Chat" service at www.justlo.uk Therefore you, as a user of the chat and all sub-domains belonging to the domain, will comply with the following general conditions herein stated. These conditions also apply in the event you use our services outside the Republic of Malta. You accept these conditions by singing up as a user, and consequently each time you log in as one. This means that these conditions are part of the service contract entered into with us for the services we render. The service contract between us becomes effective we confirm your registration on the site.

 

(2) The "SMASH" function we offer you is especially interesting. It works by clicking on the button available exclusively for this purpose. By clicking this button, two users (i.e. you and someone else) can indicate that they like each other. This means that both of you have the possibility to chat for free and without time restrictions. In this context, we would like to clarify that within the "SMASH" function there are no controller profiles. This means that within the "Match" function you can be sure that you are communicating with a real user.

 

(3) You should be aware that the conditions set out herein may vary under certain circumstances. This may happen due to certain justified reasons, such as legal modifications, market fluctuation or even changes of our business strategy. In this case we will notify you two weeks in advance before these changes become effective. You will receive an e-mail in which we will explain our intentions related to the change of business terms. In your next Login, we will ask you to accept the new terms.  Of course, your approval of the changed conditions is essential to continue using our platform.

 

(4) If you use the Chat as stated in paragraph 1 above and the communication channels and services offered therein, you are a user who must comply with our general terms and conditions. We would like to point out that there are controllers of our team in the chat. You should be aware that they participate in the chat and hold conversations with users. Please note that they do not identify themselves as controllers and therefore you cannot identify them as such. They are active through fictitious profiles. This means that you may be chatting with one of our controllers without realizing it. The purpose of this is to offer you the possibility of exchange, especially in the case of a possible temporary shortage of external users, but also to monitor that users are following the specified rules. Remember that the pictures of people in their profiles are not always true and may differ from reality. This applies specifically to our controllers who may carry out their activities under different profiles (male/female). Unfortunately, we are not able to verify the authenticity of the pictures used by external users in their profiles (see § 3 number 6).


 

 

§ 2 Chat access

 

(1) To be able to use the chat you must first register. To do so, we ask you to complete the form with true and complete information. If there is a change in the details provided, please inform us immediately. After a successful registration, we will confirm the nickname and password you chose, if it is available and not inadmissible. Please understand that we cannot confirm a nickname with offensive content. Also, do not disclose your login information! This will prevent unauthorized people from using your profile. Only you can use the communication channels and services offered in the Chat, since only you are the chat user and nobody else can use your profile.

 

(2) User registration is free of charge. The following applies: one user = one account! This means that you can only have one nickname at a time, and you are authorized to use the communication channels and other services offered only with this account. The exception to this rule is, as you know, our controllers who according to § 1 number 4 can participate in the chat using different profiles/nicknames. You are not forced to participate in the chat just because you registered. However, if you do not use your account for more than 180 days and do not register credit, we may delete it, including all its contents (e.g. login information, nickname). But do not worry! In that case, we will send you an email at least one week before to the last e-mail address you recorded, notifying you of our intentions to delete your account. Only then, if the above conditions are met, if you do not access your account within the time limit or object to said elimination, we will delete your account and make the nickname available to other users to register under it. By deleting your profile, all your saved data files are also deleted, unless there is a legal need for their retention or protection of evidence with good reason. The moment your account is deleted, our contract with you is also considered terminated.

 

(3) Please note that you can use the Chat when you are 18 years old or older. When you register in the Chat and thereby accept the business terms and conditions, you agree to comply with all the terms and conditions of use. Please also note that some chat offers may contain material that is not suitable for underage users. On the website mentioned in § 1 number 1, we provide you with a free link that enables the free download of the control software to protect underage users from harmful content.

 

(4) We would also like to point out that we are entitled to ask you for evidence (including official documents such as a photo ID) to verify your data, especially when there are doubts about the accuracy of the data you provided during your registration. In this case, we can partially or completely block your access to the chat until you submit such evidence.

 

 

 

§ 3 Your user obligations, sanctions

 

(1) You can use our platform for private purposes only. Therefore, you should know that any kind of use that does not fall under § 2 number 1, i.e. specifically for commercial purposes (for instance. advertising) is forbidden. This prohibition also applies to the mass and occasional sending of messages with identical content (spam). Therefore, it should be noted that you will be subject to an appropriate penalty if you do not comply with the ban on commercial use of our website (e.g. sending advertising mail or spam). The amount of this penalty is fixed and must not be less than 2.500 EUR, considering how serious the offence is. The court in charge can verify its fairness. There is a possibility that we can also claim for additional damage. Notwithstanding the aforementioned, this shall not release you from any liability thereon.

 

(2) Please also note that the use of data or software that may illegally affect the recipient's hardware or software is prohibited. Any type of use that could result in an interruption of data transmission or cause bodily injury, material or property damage is also prohibited. You may only access the chat using a web browser or software that we have previously authorized.

 

(3) You do not have the right to decompile, modify, translate, disassemble, reverse engineer, make any other modification or reproduction or have it made by third parties, nor to develop or have someone develop derivative programs. You should also know that the elements of the website and the chat mentioned in § 1 number 1 (Particularly texts, software, HTML / Java / Flash source codes, photos, videos, graphics, music, sounds, etc.) are protected by copyright. As you know, downloading and use are only allowed for private purposes and within the scope of the applicable legal conditions and the terms and conditions set out herein. We further inform you that the following activities are also prohibited: duplicating, reproducing, transmitting, commercially exploiting, publishing, distributing, or transferring to another electronic data format or others, using software for automatic file reading.

 

You cannot take any action to automatically hide possible advertising on the website.

 

(4) If you use the chat, you are not allowed to perform any immoral or illegal acts, or cause others to do so. This also means that it is forbidden to send messages or data with illegal or indecent content. Specifically, you are not allowed to have content that is criminally relevant, endangers young people, illegitimate or otherwise illegal, such as sharing content that is pornographic, racist, violent, defamatory, offensive or violating the rights of others. It is also not allowed to offer, advertise, promote, or create opportunities for sexual acts. Of course, it is also forbidden to threaten or harass others. Nor may you promise or demand money or monetary benefits.

 

You cannot send chain letters. It is forbidden to advertise goods or services. You should be aware that the distribution of any illegal content may lead to criminal and/or civil proceedings. In this context we have the right and, under certain circumstances, the obligation, to block or remove the content immediately and if necessary, inform the relevant authorities. If necessary, after protecting the evidence. This means that if there is any suspicion, we have the right to save evidence of your actions and if necessary, pass them on. You do not have the right to make claims regarding the removal of content or the blocking of access to content or any claims related to your temporary or permanent blocking, which means that it cannot be enforced either.

 

(5) Please note that, as long as the legal requirements for this are not met, you are not allowed to distribute, reproduce, make available through links or use any content (e.g. performing arts, music, literature, software, etc.) protected by copyright or other intellectual property rights through the chat.

 

(6) It is also important to notify you about the fact that you are solely responsible for the content of the communication and the contributions (e.g. links, images, other files, text content) that you have created and published in the chat. We are not obliged to check the legal status of the content before publication or to regularly review the chat for prohibited content that means a noncompliance with the terms and conditions. You, as a user, hold us harmless from all claims by third parties due to breach of their rights by prohibited content that you have posted under the terms and conditions. In addition, you must compensate us for any damages incurred to us that result from the breach of rights of third parties.

 

(7) If you receive instructions from our contributors (especially from controllers) to maintain order within the chat, you should follow them immediately.

 

(8) You should treat all e-mail addresses, as well as other messages or data of other users that you become aware of during the use of the chat as confidential, and you should not share them without the consent of the authorized third party. Furthermore, you may not disclose any data from non-users.

 

(9) If you do not comply with these terms and conditions, especially by providing incorrect data when registering, if you do not fulfil your user obligations as described in § 3 of these terms and conditions, we can make use of our "virtual house right". This means that in this case, we can temporarily block your account. If necessary, we can also delete parts of your profile without consulting it with you or terminate the contract without the need of serving notice due to important reasons. In the event of breach or noncompliance, we can permanently exclude you from chat participation and completely remove the content you have used and contributed. It should be noted that we could make this decision on a fair basis, considering and evaluating the respective case and the severity of the relevant breach.

 

§ 4 Our obligations as a company

(1) We make the chat available to the public for the private exchange of information and the private use of communication channels and other services offered. The average availability is 97.5%, which means that the service is available 355.8 days in a 365-day calendar year. This does not include regular maintenance work or periods when availability may be restricted due to events for which the platform operator is not responsible for (e.g. force majeure, acts from third parties, technical problems, and legal modifications).

 

(2) It is worth mentioning the fact that we can change, restrict, or completely discontinue the services offered at any time. In relation to purchased Coins, please refer to § 7 number 2, last paragraph. We also have the right, but not the obligation, to check the chat content, such as texts, photos, graphics, etc., to ensure that they are compatible with applicable laws and general terms and conditions. If necessary, we can take actions in case of breach and remove specific content without consulting it to you. You should be aware that you have no legal right to the publications of your data or your content.

 

§ 5 How to use the Chat

 

(1) As you know, in the Chat we offer you communication channels and other services. We provide you with access to the Chat database system to create closer contact, but also talk about sports, travel, home, etc. We also offer you other additional services. Remember that the marriage mediation is not explicitly the chat purpose. We offer you free and paid services. Our "currency" in the chat is "Coins". However, you should not misuse these Coins as virtual goods; you should not sell them for money or other monetary benefits. To use certain services, you must pay a fee for a certain number of Coins. If you wish to use a paid service, we will always tell you in advance that it is a paid service and inform you about the amount you will incur in the form of said Coins. After payment from your user account, you will be able to use the selected service.

 

(2) You have got the possibility to buy Coins. We offer differentiated prices and packages, and we put at your disposal different forms of payment. You only determine the form of payment and the amount of Coins you want to buy. These will be credited to your user account after the payment has been made and will then allow you to use the selected service.

 

(3) If your payment is not made correctly or fails because of reasons that are not justifiable to us (especially in case of insufficient funds, incorrect account details, etc.), there will be no credit. Therefore, any currencies that may have already been credited due to this transaction will be removed from your user account without further notification. Please understand that in this regard, we may refuse to receive payment through the same method again, taking into consideration the failed transaction. Any costs caused by the failure (e.g. bank fees) are at your expense.

(4) You can view your account balance at any time through your account in the chat. We protect your account data with appropriate measures against loss. These measures correspond to the usual state of technology and include the use of backup systems. However, we expressly point out that according to the current state of technology, it is not possible to fully protect hardware and software against external misuse and data loss. We also inform you that no invoice will be issued, and no proof will be sent for credit purchased in the form of Coins.

(5) Our notifications are made through appropriate display masks after your login or by email to the last address you registered.

 

(6) To notify us, you must either send us an e-mail to the e-mail address we have explicitly stated on the website stated above (E-MAIL service@justlo.uk) or send us a letter to Justlin Ltd., Phoenix Business Centre, The Penthouse, Old Railway Track, SVR9022 Santa Venera, Malta, stating your name and address as well as the e-mail address and nickname under which you are registered.

 

(7) You have the option to create links to other websites or sources. As you know, we have no control over this and therefore we are not responsible for the availability of such external websites or sources. Therefore, we do not adopt content that is accessible from such websites or sources and exclude any liability or warranty related to them. Of course, this only applies if we are not aware of the illegality of the content and we have not removed the link immediately. If we receive a notice that there is a link in the chat to an external website where third parties are posting content that contradicts these terms and conditions, we are entitled to remove the corresponding link. You should know that you are only allowed to use or link copyrighted material if this is done within the scope of the relevant legal conditions and the relevant conditions of the right holder, or if the right holder has explicitly authorized you to do so. You may not reproduce this kind of material beyond the stated context, nor transmit, distribute, publish, exploit, or otherwise transfer it in electronic or other data format or use it in any other way. Please also note that you may not use any brand names or trademarks, either in their original or modified form or when linking to another domain on the Internet, unless you have been expressly permitted to do so.

 

If third parties bring claims against us because of your actions/omissions, you are obliged to hold us harmless from any claims upon first request, to the extent that you are responsible for said legal breach.

 

§ 6 Purchase of Coins - information about the contract execution

 

(1) We offer services that are subject to payment on our website (e.g. Coins). We ask you to buy them, without any obligation. When you place your order on our website (for this you must click on the button "buy now"), you send us a binding offer for a contract with us.

 

(2) The next step is the acceptance of the contract, which is done by crediting the services to your account or by asking you to pay after placing your order (e.g. via PayPal). If several of the above alternatives are available, our contract is terminated concluded whichever of the aforementioned occur first. If we do not declare your acceptance within the above-mentioned period, this will be considered a rejection for you and your declaration of will is null and void.

 

(3) If you purchase services, we do not keep the text of the corresponding contract.

 

(4) Please also note that you can correct your entries using the usual keyboard and mouse functions before placing your order through our online order form. In addition, we will show you all entries before the final dispatch of your order in a confirmation window, where you will have the opportunity to make the necessary corrections using the usual keyboard and mouse functions.

 

(5) The contract is entered into only in German

 

(6) The legal warranty for defects applies.

 

§ 7 End of contract

 

(1) We entered into our contract with you for an indefinite period. Nevertheless, we can terminate the contract at any time by serving a notice one month in advance. As you know, we also reserve the right to suspend your chat in accordance with § 4 number 2 of these conditions, which also terminates our contract with you. It would be unfortunate, but if you wish to leave us, you can do so at any time without stating a reason, which means that you can terminate your contract with us at any time and unsubscribe. In addition, of course, there is the right to terminate without notice, which has already been explained in § 2 number 2 and § 3 number 9 of these terms and conditions. Any kind of termination, either from you or from us, can only be done by e-mail or in writing. When you cancel your subscription, you must provide all information that will allow you to be identified without any doubt. This is necessary to avoid misuse by third parties.

 

After termination of the contract, we will delete the data record stored by you after eight (8) weeks, unless the data has been stored officially, required by law or for the preservation of evidence in accordance with § 3 number 4 of these terms and conditions. You should know that it is not possible to restore an account that has been deleted.

 

(2) If at the end of the contract you still have unused and paid benefits in your account (i.e. credit in the form of Coins), you have the option of requesting payment of the remaining amount. If you send us a corresponding written request, we will refund the relevant amount in Euros/cents within the next three weeks after the request. We will use the same payment method as you used for the deposit. If you have used different methods of payment, we will also refund in proportion to the methods of payment. In this case we consider the use of credits during this time, the debit from which results the remaining credit for you.

In case of doubt, we will first compensate the usage on the payment method used first, then on the next one and so on. If the payment method you used no longer exists at the moment the contract terminates you must notify us immediately and also provide us with the appropriate evidence (e.g. a confirmation from the institution where the account is opened or which issues the card).  You must also provide us with a method of payment through which a refund must be made. You will need to send us the appropriate documents (e.g. bank confirmation, credit card company confirmation, etc.), which clearly demonstrate your eligibility for the payment method originally used and the authorization for the payment method currently selected for the refund. You must also provide proof of identity by sending a certified photocopy of your valid identification document. As it has already been explained above, , the deadline for the refund starts at the moment the contract terminates, which in the case of what has just been explained, starts not before receiving your proper message through the recipient's account and the evidence that has just been described. The refund is not in cash. If we have got legitimate doubts about your right to the method of payment originally used or currently communicated, or if you do not provide us with the evidence required, we may refuse to pay you until you send the appropriate evidence or we may deposit the amount. Your right to a refund expires if you do not provide us with the necessary evidence within 3 months after the end of the contract. Please note that the refund of any available credit is excluded if we terminate the contract without notice due to a noncompliance with the terms and conditions (e.g. § 2 number 1 or § 3) and/or your account has been blocked/deleted.

 

A refund is also denied if we must discontinue the chat for operational or other reasons. But do not worry, make sure that this only applies if we have notified you in time, meaning no later than 2 months before the closing date, and have given you sufficient opportunity to use any Coin credits you may still have. In this regard, we will refer to § 4 number 1 of these terms and conditions.

§ 8 Liability

 

(1) You should be aware that we take no responsibility for interruptions, delays, errors, and/or other hindrances to performance resulting from the failure or incompatibility of our software or hardware or yours. Furthermore, we take no responsibility for the access or internet availability. In special circumstances, availability may be temporarily limited due to maintenance work or other reasons. This means that liability for the consequences of limited availability is excluded, no matter the type or justification for it.

 

(2) We take unlimited liability in case of deliberate fault or gross negligence, in case of intentional or negligent injury to life, body or health or due to mandatory legal regulations or if a guarantee is given.

 

(3) Notwithstanding the aforementioned, in case of deliberate breach of an essential contractual obligation, we are liable for the limited extent of the foreseeable, typically contractual damage at the end of the contract, unless there is a case of unlimited liability. Essential contractual obligations are all those obligations whose fulfilment enables the proper performance of the contract in the first place and on which a party can regularly rely.

 

(4) In any other case, our liability is excluded.

 

(5) The above liability rules also apply to the liability of our vicarious agents and our legal representatives.

 

(6) In case of being prosecuted for illegal behaviour committed by you; you have got the duty to hold us harmless from all claims from third parties. You must also cover all reasonable costs of the legal department (especially court and attorney's fees) in their legal amount. Sentences 1 and 2 do not apply if neither you nor we are responsible for the breach. Notwithstanding the aforementioned, you are obliged to immediately notify us about the possibility of third parties’ submission of claims.

 

§ 9 Final conditions

(1) We, Justlin Ltd., Phoenix Business Centre, The Penthouse, Old Railway Track, SVR9022 Santa Venera, Malta, are the chat service providers.

 

(2) We would like to point out that the law of the Republic of Malta applies for these general terms and conditions and the legal relations between us, excluding the conflict of laws of Malta. The mandatory regulations of the state in which you have your habitual residence continue to apply when the contract is terminated.

 

(3) We also inform you that the place of jurisdiction for all legal disputes arising from our contract with you is Valletta, provided that the user (i.e. you) is a merchant, a legal entity or a body governed by public law and there is no exclusive jurisdiction for this matter.

 

(4) Please remember that in the possible event that individual agreements of these conditions become ineffective, the other conditions remain valid.

 

(5) You should be aware that we may engage third party service providers or vicarious agents to deliver some or all the services.

 

§ 10 Online dispute resolution

 

The following link provides an online dispute resolution platform provided by the EU Commission: https://ec.europa.eu/consumers/odr

 

The above mentioned is a platform for the extrajudicial resolution of disputes arising from online sales or service contracts in which a consumer is involved. We would like to point out that we are neither willing nor obliged to participate in a consumer dispute resolution procedure under the Consumers' Dispute Settlement Act (VSBG).

 

Our email adress is Service@justlo.uk

 

§ 11 App

 

Enjoy Justlo also on your smartphone or tablet! By using Justlo through the App, you are accepting the Terms and Conditions set out above.

As a user of the App, you will be required to accept our Terms and Conditions. For example, by clicking on “Accept” or another appropriate box. The contract between the user and us become effective at the latest at this point.