Terms & Conditions
Consumer Terms, Trademarks, Fair Use Policy & Conditions Of Service
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the (Services) provided (https://www.skupid.com) to you. These terms and conditions apply if you are using this service as a consumer and/or business user.
Please read these terms and conditions carefully before buying any Services provided. You should understand that by buying any of our Services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
- Information about us
SKUpid is a trading name and service jointly operated by MSS Web Development (we) registered in England & Wales (Company Registration No: 08173726) registered office at 4 Wheatley Road, Cardiff, Wales, CF5 4LT, UNITED KINGDOM and Jason Carl Morgan Limited (we) registered in England & Wales (Company Registration No: 07856110) registered office at 24 Plasnewydd Walk, Heritage Gate, Llantwit Major, CF61 2YW, UNITED KINGDOM.
- Service availability
Our service is intended for use worldwide however under certain circumstances we reserve the right not to accept subscriptions from individuals resident in certain countries.
- Your status
By placing a subscription through our service, you warrant that:
- you are legally capable of entering into binding contracts;
- you are at least 18 years old;
- How the contract is formed between you and us
After placing a subscription, you will receive an e-mail acknowledging that we have received your subscription. All subscriptions are subject to acceptance by us. The Contract will relate only to those Services purchased by you. Any drawings, photographs, descriptions or advertising we issue, and any photographs, descriptions or illustrations contained on our site, are issued or published solely to provide you with an approximate idea of the Services they describe. They do not form part of the Contract between you and us or any other contract between you and use for the sale of the Services.
- Your rights
You may cancel a Contract at any time within seven working days, beginning on the day after you received the Services. In this case, you will receive a full refund of the price paid for the Services in accordance with our refunds policy (set out in clause 9 below). To cancel a Contract, you must inform us by telephone, email or in writing. You must also stop using the service immediately. If you fail to comply with this obligation, we may have a right of action against you for compensation.
This provision does not affect your statutory rights. If you would like further information about your legal rights, please contact your local Trading Standards Department or Citizen Advice Bureau.
- Availability and activation
Your subscription will be activated within 24hrs of purchase. In the unlikely event that we are unable to activate your subscription we will contact you by email or telephone to inform you of this. We reserve the right to contact you using the email address specified in your subscription unless we are otherwise notified before your subscription is purchased or renewed by you.
There will be no activated subscription until clear funds have been received.
- Risk and title
Use of the Services will be at your risk from the time of activation. Ownership of the Services does not pass to you when we receive full payment of all sums due in respect of the Services.
- Price and payment
The price of any Services will be as quoted on our website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect active subscriptions that have already been placed by you and which are maintained continuously without break. If you cancel your subscription at anytime we reserve the right to charge a re-activation fee and you will be charged for a new subscription at the price as quoted on our website, as if you were a new customer.
Our service contains a large number service features and it is always possible that, despite our best efforts, some of these features may no longer work as intended due to external matters beyond our control. We will normally verify the full operation of our service and it's service feature set as part of our typical maintenance schedules so that, where a service feature is no longer operating as intended, we will actively aim to resolve the issue within a reasonable amount of time. If a service feature shall be deemed as no longer operational, or shall be discontinued either through no fault of our own or otherwise, we will normally, at our own discretion, either contact you to inform, or cancel your subscription and notify you of such cancellation. You will not be entitled to any refund in such cases, unless you are within seven working days of commencing your subscription.
We are under no obligation to provide service features to you which are in-operational through no fault of our own or those which can no longer be feasibly provided, even after you have already placed you subscription with us. Payment for all Services must be made by credit or debit card, or with a PayPal balance. We accept payment with Visa, Visa Electron, Mastercard, Maestro, Solo via PayPal & Stripe payments only. We shall not provide any Services until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds. Please be aware that by using PayPal or Stripe Payments as your payment method we reserve the right to not accept your payment or request for subscription. Your credit/debit card details will be encrypted by our payment processors to minimise the possibility of unauthorised access or disclosure. SKUpid does not collect or hold any payment information. Authority for payment must be given at the time of subscription. If there is a problem taking payment for all or part of your subscription, we may contact you by telephone or e-mail.
- Our refunds policy
If you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. In this case, we will refund the price of the service in full.
For any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the service is defective), you must open a dispute case with our payment processor and if you are entitled, we will notify you of your options to either extend your service free of charge or provide a full refund via e-mail within a reasonable period of time. We will usually process the disputed outcome of request as soon as possible and, in any case, within 30 days of the day you confirm whether you opt for a service extension or refund. If you elect a refund it will be refunded as per our refunds policy.
Refunds of any money received from you will be made using the payment method originally used by you to pay for your purchase and paid back into the same account.
- Our liability
We warrant to you that any service purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which Services of that kind are commonly provided. This warranty does not apply to any defect in the service arising from a lack of technical knowledge, improper use, accident, negligence by you or any third party, if you use the service in a way that we do not recommend or your failure to follow instructions.
Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the service you purchased. This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence;
- under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation;
- for any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for any indirect or consequential losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of this Contract by us that would entitle you to terminate the Contract between us, including but not limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of data, or Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this clause shall not prevent claims for loss of or damage to your tangible property that fall within the terms of this clause or any other claims for direct financial loss that are not excluded by any of these clauses.
- Data Protection
- Protecting your security
All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 2018.
The customer (you) are liable for any additional taxes put upon the cost of our services at anytime.
- Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our service, you accept that communication with us will be mainly electronic. We will contact you predominantly by e-mail although we reserve the right to contact you by post. For contractual purposes, you agree to our means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given in writing. We may give notice to you at either the e-mail or postal address you provide to us when placing a subscription. Any notice from us will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms and conditions in force at the time that you subscription Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to subscriptions previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we accept your subscription (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
Law and jurisdiction
Contracts for the purchase of Services through our service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.