Date9ja and the companies of the Date9ja Group offer services which aim to facilitate dating between individuals for personal, entertainment and non-commercial purposes through electronic communications networks (hereinafter the “Services”), including namely :
- Date9ja, available to Members and Subscribers of Date9ja online or through mobile applications.
For each of the Services, certain features are available to Members free of charge while other features are paid for and accessible only by Subscribers.
Article 1. Definitions
“Account” refers to the strictly personal interface, which is accessible to Members and Subscribers, permitting them to be identified on the Websites, benefit from the Services they have registered for or subscribed to, complete and modify their Profile and, if applicable, renew or modify their Subscription.
“Core Dating Websites” refers to the Websites accessible to all Members.
“Date9ja Group” refers to the companies controlled by Date9ja.com Nigeria Limited.
“Member” refers to a user who has access to one of the Services after validly registering for free on the Websites.
“Paid Services” refers to all paid Services available to Subscribers, including the Upgrades.
“Profile” refers to a space provided to a Member or Subscriber, which comprises of the Member’s or Subscriber’s self-description, including his/her characteristics, photos and videos, and which is accessible by other Members and Subscribers.
“Services” refers to all services, whether paid or free of charge, available to Members or Subscribers, provided on the Websites by the Date9ja Group.
“Specialised Websites” refers to the Websites reserved for certain categories of Members or Subscribers.
“Subscriber” refers to a user of one or more Services who has purchased a Subscription to one or more Services.
“Subscription” refers to a fixed price giving access to Services, including paid Services, for a limited period specified in the relevant Subscription purchased by a Subscriber.
“Third-party Websites” refers to any third-party Internet websites or mobile application.
“Upgrade” refers to any Paid Service purchased by a Subscriber as an additional feature to his/her Subscription.
“Visitor” refers to a user who visits the Website without registering or without connecting to his/her Account.
“Websites” refers to all dating websites provided by a company in the Date9ja Group, including the Core Dating Websites and the Specialised Websites as well as the mobile applications published by the companies of the Date9ja Group and through which the Services are provided.
Article 2. Access, registration and Subscription
2.1. Procedure and terms of access and registration to the Services
Registration to the Services is free. The Visitor, Member or Subscriber shall exclusively bear the costs for the means to access the Services as well as for the use of such means.
It is specified that a Member cannot create more than one Account with the same email address.
The Member may then complete his/her Profile by giving information on his/her physical appearance, hobbies, profession and all other personal information he/she wishes to share with the other Members through the Services, with the exception of his/her personal contact details (electronic address, postal address, telephone number etc.) the sharing of which is expressly prohibited by Date9ja (article 5.1 below).
Once the necessary conditions for registration are met, every Member creates a strictly confidential and personal username and password, which allows him/her to access his/her Account.
The Member or Subscriber is responsible for the use of his/her identification elements by third parties or the actions or statements made by an intermediary on his/her Account, whether they are fraudulent or not, and will indemnify Date9ja for any claim arising in connection with these, other than in the event of fault exclusively attributable to Date9ja or technical failure of the Services. Moreover, Date9ja is not obliged and does not have the technical means to verify the identity of individuals registering to the Services. If the Member or Subscriber has reason to believe that another person is using his/her identification elements or his/her Account, he/she must inform Date9ja immediately.
2.2. Procedure and conditions for Subscription
Subscription to the Services, with or without an Upgrade, is paid for. The Member may purchase a Subscription and, thus, become a Subscriber and benefit from the functionalities of the Paid Services described below in article 4.2.
Article 4. Service features
4.1 Free features available to Members
Registration to the Services allows individuals to become a Member and provides access to the following features:
- Create a Profile, which will be visible to other Members and Subscribers of the Website, subject to any access restrictions set by the Member;
- In accordance with the Services, perform quick and advanced searches or view recommended compatible Profiles;
- View the Profiles of other Members or Subscribers, subject to the restrictions set by the latter;
- In accordance with the Services, contact and respond to messages of Subscribers who have registered to the Premium Upgrade, subject to any restrictions specified by the latter; a Member cannot contact or respond to a Subscriber who has not purchased this Upgrade;
- Add a Member or Subscriber to his/her favourites;
- Register and participate in Events or Activities accessible through the Services, if applicable (they could be paid for Events or Activities);
- Register and participate in special operations accessible through the Services, if applicable, provided that such special operations are not reserved for Subscribers;
- Provided that this feature is available, subscribe to the Badge and/or Super Badge, as defined below;
- Every Member can control, through his/her Account, the options which allow him/her to be visible or not on the Specialised Websites and thus able to be contacted, if applicable, through those. A Member may access the Specialised Websites provided that he/she satisfies the conditions applicable to Members of that Specialised Website.
4.2 Paid features available only to Subscribers
Purchase of a Subscription allows access to all the features specified in article 4.1 above as well as to the following features, if applicable:
- Send and respond to messages of Members and Subscribers;
- Use the search bar to look for Members and Subscribers;
- Hide the Members and Subscribers whom the Subscriber is not interested in;
- View the list of sent winks;
- Wink at a Member or Subscriber;
- Deactivate the displayed advertisements on the Paid Services;
- Benefit from the price reductions of Events or Activities, if applicable;
Article 5. Services
5.1 Date9ja obligations in relation to the Services
The purpose of the Services, including the Paid Services, is not organising ‘real life’, in person dates between the Members and/or the Subscribers, nor marital counselling leading to marriage nor establishing a stable union, regardless of the Member’s or Subscriber’s personal motivations in this respect.
Date9ja and the companies of the Date9ja Group expressly exclude all liability in connection with events of any nature, which could take place between Members or Subscribers during online interactions, whether through the Websites or through Third Party Websites, or during ‘real life’, in person dates between Members or Subscribers arising from use of the Services.
The purpose of the Services, including the Paid Services, is not the provision of access to the Internet nor the provision of electronic communication services to the public. As a result, Date9ja and the companies of the Date9ja Group do not verify the actual identity of Members or Subscribers when they connect to the Websites. Further, they do not control nor moderate exhaustively any of the content, which the Members and Subscribers may publish or upload on the Services under their sole liability. However, the photographs and the description featuring on the Profile of every Member or Subscriber will be verified.
Therefore, Members and Subscribers are reminded that they are prohibited from disclosing any information to other Members or Subscribers, which allows them to be identified or located (surname, postal address, email, telephone number…) with the exception of their username, through the Services.
5.2 Obligations of Members and Subscribers
The provisions of this article apply from the registration or Subscription and shall remain applicable for the entire duration of use of the Services, without prejudice to the provisions of article 9 below.
In order to use the Services, the Member or Subscriber agrees to comply with any laws in force, respect the rights of other Members and Subscribers, as well as observe the obligations defined below.
5.2.1. General obligations:
The Member or Subscriber has the following general obligations:
- Conduct his/herself in an honest manner towards Date9ja and other Members or Subscribers;
- Respect the intellectual property rights of the content provided by Date9ja and the companies in the Date9ja Group as well as the other Members and Subscribers;
- Ensure that he/she defines the limits of his/her private life and that he/she is responsible for communicating only information which would not prejudice him/her by its the dissemination through the Services.
5.2.2. Essential obligations:
The Member or Subscriber generally has the essential obligations (hereinafter, the “Essential Obligations”) to:
- Use the Services while respecting their purpose, which is to allow individuals to meet for personal, entertainment and non-commercial purposes;
- Not to use the Services for professional, commercial, profit (advertising, soliciting clients etc.) or generally non-personal purposes;
- Not use the Services for solicitation or prostitution;
- Not post, display or disseminate, in any form whatsoever, false information or content;
- Refrain from posting any statement or content that violates the rights of others or is defamatory, abusive, obscene, offensive, violent or incites violence, political, racist or xenophobic and, in general, any statement or content contrary to the purpose of the Services, the laws and regulations in force, the rights of persons or public morals. In particular, photos and any information, data or files provided by a Member or Subscriber to Date9ja must be decent and only relate to the Member or, if they relate to a third party, be used with his/her express authorisation and under the exclusive responsibility of the Member or Subscriber concerned;
- Not harass other Members or Subscribers;
- Not mention on the Websites any personal information provided by a Member or Subscriber to Date9ja (e-mail address, postal address, telephone number, etc.) that would allow a Visitor, Member or Subscriber to contact another Member or Subscriber without using the Services;
- Not post, display or disseminate, in any form whatsoever, information or content that has the effect of diminishing, disrupting, preventing the normal use of the Websites and Services, interrupting and/or slowing the normal flow of communications between Members and/or Subscribers through the Services, such as software, viruses, logic bombs, mass mailing, etc. Date9ja and the companies of the Date9ja Group reserve the right to delete mass messages sent by a Member or a Subscriber in order to preserve the quality of normal use of the Services.
- Not post, display or disseminate, in any form whatsoever, information or content incorporating hyperlinks to Third-party Websites on the Websites of the Date9ja Group that are illegal, immoral and/or not conform with the purpose of the Services;
- Not post photo(s) or other visual content which features minors;
- Use the confidential password and username of the Member or Subscriber strictly to log in to the Services. Therefore, the Member or Subscriber must not, this list not being exhaustive, communicate, disseminate, share, make accessible, in any way or for any reason whatsoever, its passwords and/or usernames to any third party, whoever that is.
A breach of the Essential Obligations thus defined constitutes a serious breach by the Member or Subscriber of its contractual obligations.
Without prejudice to the provisions of Article 9 below, in the event of breach by a Member or Subscriber of one or more of these Essential Obligations, Date9ja may terminate the contract and permanently delete the relevant Member’s or Subscriber’s Account(s) on all the Websites and Services.
In the event of breach by a Member or Subscriber of one or more of the General and/or Essential Obligations, and namely in the event of inappropriate behaviour on the Websites and Services, Date9ja and the companies of the Date9ja Group may permanently or temporarily prohibit all access or subscription of the relevant Member or Subscriber to one or more Events or Activities.
Article 6. Fees, terms of payment and renewal
6.1. Fees and terms of payment of Paid Services
In order to use the Paid Services, the Subscriber must have a Subscription; the fees and the terms of payment are described on the Websites. Members may purchase a Subscription by paying either by bank card (on the internet or through a mobile service) or by using an online payment service (PayPal, Direct Debit etc.) according to the options given on the relevant Website. The fees are indicated in Nigerian Naira NGN (inclusive of all taxes).
The Subscriber may also purchase one or more Upgrades after purchasing his/her Subscription according to the conditions set out above and benefit from the features offered by the purchased Upgrade immediately. The Subscriber is, therefore, charged for the period from the day the Upgrade is purchased until the end of the current Subscription.
6.2. Subscription renewal terms
On the expiry of each period of validity, the Subscription shall be renewed for periods equivalent to that originally chosen, unless terminated by the Subscriber in accordance with the terms and conditions in article 9 below. Once renewed, the Subscription, including any Upgrades (if any), will be charged to the Subscriber at the standard (non-discounted) rate applicable to the relevant Services and for a period equivalent to that initially chosen.
In addition, information on the duration of the Subscriber’s Subscription is available to Subscribers in the “My Account” section, which allows a Subscriber to manage his/her Subscription and, if applicable, the termination of the automatic renewal.
6.3. Other services by third parties
The Subscriber may also purchase other ad hoc services, such as buying mobile phone applications or special offers. In this particular case, these ad hoc services are purchased from other providers and in accordance with other terms and conditions of payment to those used for the Services provided by Date9ja (for example, iTunes for the purchase of an iPhone application). The billing terms, the payment terms as well as the terms for renewal and termination applicable to those ad hoc services and those special offers will be communicated to the Subscriber by the third party and shall be accepted by the Subscriber before his/her purchase.
In any event, the purchase of smartphone applications published by Date9ja does not in any case give access to Paid Services without the purchase of a Subscription.
Article 7. Intellectual Property
7.1. Content disseminated on the Services
All Services names, trademarks, logos, graphics, photographs, animations, videos and texts contained on the Websites and within the Services are the exclusive property of the Date9ja Group and, if applicable, its partners and may not be reproduced, used or communicated without the express authorisation of the companies of the Date9ja Group or their partners, subject to legal action.
The rights of use granted to the Member and Subscriber are limited to private and personal use as part of and for the duration of the registration to the Services. Any other use by the Member or Subscriber is prohibited.
The Member or Subscriber is prohibited from, among other actions, modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing the Services, Website pages or computer codes of the elements composing the Services and Websites, in any way whatsoever, subject to legal action.
7.2. Content disseminated by the Members and Subscribers
The Member or Subscriber grants the Date9ja Group a licence to use the intellectual property rights arising from the content provided by him/her in connection with his/her registration or Subscription and his/her use of the Services or the display of his/her Profile on the Services. This licence specifically includes the right of the Date9ja Group to reproduce, represent, adapt, translate, digitise, use for the purposes of the Services or sub-license the content provided by the Member or Subscriber (information, images, description, search criteria, etc.) on all or parts of the Services and on all the Websites, in the emails by the Date9ja Group, and, in general, on all electronic communication media (e-mail, Internet, mobile application) in connection with the Services.
Article 8. Representations and Warranties
8.1. Operation of the Websites and Services
8.1.1 To use the Services, the Member or Subscriber must have the skills, equipment and software necessary for use of the Internet or the mobile applications of the Services. Date9ja has security measures in place in connection with the use of the Services. However, the Member or Subscriber acknowledges that, due to the nature and limitations of the Internet, Date9ja cannot warrant that any connection to the Internet or mobile applications will be completely secure.
8.1.3 The use of the Services on a MAC requires the exclusive use of the Mozilla Firefox browser – Date9ja does not warrant optimal operation of the Websites and Services with the Safari or Opera browsers. Note that, for full use of the Services, you will need to have installed the latest version of the Adobe Flash software (downloadable from “www.adobe.com”). Depending on your network configuration (protected by a firewall or proxy) connection to the Websites might not be possible.
8.1.4 Date9ja does not warrant that the Member or Subscriber will be able to use the Services if he/she uses a “pop-up killer” tool or an equivalent; in this case, this function must be disabled before using the Services.
8.1.5 Date9ja does not warrant that the Member or Subscriber will be able to use the Services if his/her Internet service provider fails to provide an adequate level of service. Similarly, if applicable, the use of smartphone applications purchased by the Member or Subscriber directly from the provider of the application implies that the latter must have a smartphone and a satisfactory connection.
8.1.6 Date9ja is not responsible for any lack of functionality, lack of access or poor conditions of use of the Websites and Services attributable to unsuitable equipment, to the internal functionality failures of the Member’s or Subscriber’s service provider, the overloading of the Internet network and for all other reasons external to Date9ja constituting a force majeure event.
8.1.7 The operation of the Services may be interrupted temporarily due to maintenance, updates or technical improvements, or to update the content and/or the way it is presented. If possible, Date9ja will notify its Members and Subscribers before any maintenance operations or updates which may impact the Services.
8.2. Information and content provided by the Members or Subscribers
8.2.3. The quality of the Services expected by both Date9ja and its Members and Subscribers implies observing a certain level of ethical conduct in the expression and behaviour of the Members and Subscribers, respecting the rights of third parties, as well as the laws and regulations in force. To meet this demand for quality, individual responsibility and ethics, the Date9ja Group allows any Member or Subscriber to report any content (photography, text, video), behaviours or comments made by another Member or Subscriber that appear to be in violation of the laws and regulations in force, regarding the purpose of the Services, third-party rights or public morals.
8.3. Links and external resources
Date9ja is only liable for the hyperlinks it creates in the Websites and Services and does not exercise any control over the Third Party Websites and external resources (third-party websites or mobile applications, social networks, etc.) to which the hyperlinks accessible on the Websites and the Services redirect. Date9ja cannot be held liable for the provision of links directing to Third Party Websites and cannot be held liable for their content, advertisements, products, features, services or any other elements available on or based on the use of such Third Party Websites. . It is reminded that the consultation and use of Third Party Websites is governed by their conditions of use, and that such consultation and use will be made under the Member’s or Subscriber’s full liability.
Any issues relating to a link must be reported to Date9ja using the contact details included in “About Us”.
8.4 Liability and Indemnity
8.4.3 If defective digital content, which Date9ja has supplied, damages a device or digital content belonging to a Member or Subscriber, and this is caused by Date9ja’s failure to use reasonable care and skill, Date9ja will either repair the damage or pay him/her compensation. However, Date9ja will not be liable for damage which the Member or Subscriber could have avoided by following Date9ja’s advice to apply an update offered to him/her free of charge or for damage which was caused by him/her failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Date9ja.
8.4.4 Date9ja is not liable for business losses. Date9ja will only supply the Services for domestic and private use. If a Member or Subscriber uses the Services for any commercial or business purpose Date9ja will have no liability towards him/her for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.4.5 Date9ja does not exclude or limit in any way its liability to Members or Subscribers where it would be unlawful to do so.
Article 9. Profile suspension – Account closure –Subscription termination
9.1 Profile suspension
Each Member or Subscriber may at any moment request the suspension of his/her Profile, namely through the ‘My Account’ section dedicated to this purpose, in order to no longer be visible on the Websites nor receive notifications. This suspension is temporary and does not interrupt the Subscription and any current Upgrades. The Member or Subscriber may reactivate his/her Profile at any moment.
9.2 Account closure
Each Member or Subscriber may at any moment terminate his/her registration to the Services or his/her Subscription by requesting the closure of his/her Account from Date9ja, without further charges other than those connected to the transmission of his/her request and without reason, namely through the ‘My Account’ section, by email, using the contact form or by any means which may be indicated in this section. This request shall be deemed made on the working day following the one the request for closure of the relevant Account is received by Date9ja and the Subscriber may no longer use his/her Subscription and any current Upgrades. The Member or Subscriber will be informed by email about the closure of his/her Account.
9.3 Non-renewal/Subscription termination by the Subscriber
The Subscriber may terminate the automatic renewal of his/her Subscription 24 hours after its purchase and at least 48 hours before the Subscription is renewed, by going to the ‘My Account’ section. The termination will take effect on the expiry date of the Subscription. Termination of the Subscription will be confirmed to the Subscriber by email. The Subscriber will not have access to the Paid Services from the date his/her Subscription expires.
9.4 Termination by Date9ja
This closure will take effect without prejudice to any damages and interest which may be claimed by Date9ja from the Member or Subscriber or his/her successors and legal representatives as restitution for the losses incurred by Date9ja as a result of these breaches.
Article 10. Events and Activities
When Events or Activities are offered to Members and Subscribers on the Websites, specific terms and conditions are applicable. You may read these on the pages describing the Events or Activities.
Article 11. Personal Data
Article 12. Entire Agreement
13.1 Modification of the Services
Date9ja may update and modify the content and/or features of the Services at any moment in order to improve their quality. The Member or Subscriber will be informed of the nature of these updates or modifications when they are implemented on the Websites.
Article 15. Applicable law – Disputes
Members may make claims on the Nigerian Commission’s online dispute resolution platform at: http://ec.europa.eu/consumers/odr/. The Nigerian Commission will transfer the Member’s claim to the competent national mediators.
In accordance with the rules applicable to mediation, prior to any request for mediation, the Member or Subscriber must first raise any dispute with Date9ja in writing in order to attempt an amicable resolution.
Article 16. About us
For any questions, you can contact Date9ja by filling in the contact form.