Ndating – Terms of Use

Ndating welcomes you! Ndating provides you with access to rich collection of resources, including without limitation various communication tools, products, content, software, forums, Service (collectively, "Ndating Service" or "the Service") through this web site (collectively "Ndating Site" or "the Site"). Your use of the Service is subject to the terms of a legal agreement between you and Ndating. Please read this Terms of Use (the "Terms") carefully.

• 1. Acceptance of Terms
  
  1.1  When using particular Ndating Service, you and Ndating shall be subject to any posted Policies or Procedural Rules applicable to such Service, which may be posted and modified from time to time. All such Policies or Procedural Rules are hereby incorporated by reference into these Terms.
  
  1.2  You can accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by Ndating Site in the user interface; or by actually using the Service. In either case, you understand and agree that Ndating will treat your use of the Service as acceptance of the Terms from that point onwards.
  
  1.3  You may not use the Service and may not accept the Terms if you are not of legal age to form a binding contract with Ndating, or you are a person barred from using the Service where prohibited.
  
  1.4  You agree to be bound by the Terms for as long as you continue to be a Member (the "Member") of the Ndating Site. If you do not agree to this Terms, please do not register with any of the Site or otherwise access or use any of the Service.
  
  
• 2. Account Registration and Provision of Service by multiple parties
  
  2.1  You acknowledge and agree that Ndating provide Service to you through the Site , which is managed and operated independently. You acknowledge and agree that the form and nature of the Service which Ndating provides may change from time to time without giving prior notice.
  
  2.2  Access to Ndating Service requires completion of a simple registration process in order to obtain a Ndating Account (the "Account") and password necessary to become a member to enjoy the Service. Unless you opt-out, the Account will be identified for your access to and use of Ndating Site and Service subject to applicable Policies, Procedural Rules and Terms of Use of its Service.
  
  2.3  Ndating is comprised of subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). These companies may provide the Service to Members on behalf of Ndating itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Service to you in this manner.
  
  2.4  You acknowledge and agree that Ndating may stop (permanently or temporarily) providing the Service (or any features within the Service) to you at Ndating’s sole discretion, without prior notice.
  
  
• 3. Membership and Termination
  
  3.1  The Ndating Account offers you the opportunity to obtain Ndating Service which become associated with your Ndating Account.
  
  3.2   If you are a member of Ndating Site access and the membership at Ndating Site is suspended, cancelled or terminated for breach of its terms and conditions of service, Ndating reserves the right to suspend, cancel or terminate any or all associated Ndating Service membership you may have, at any time, without notice.
  
  
• 4. Use of the Service
  
  4.1  You agree to use the Service only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (c) posted polices or procedural rules that govern the use of particular Ndating Service.
  
  4.2  You agree not to interfere with or disrupt Ndating Service or the servers or networks, or disobey any requirements, procedures, policies or regulations of the Ndating Service.
  
  4.3  You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of Ndating Service, use of Ndating Service, or access to Ndating Site.
  
  4.4  You understand and agree that you have only ONE membership account on this Site at any point of time, which is for your sole private use. You may not authorize others to use your membership account, and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Service for any purpose.
  
  4.5  You agree to be honest in your communication and interactions with other members. You should not conceal from those whom you correspond information regarding infectious, incurable diseases, physical or psychological handicap / disabilities you have, or any other adverse elements that is unsuitable for relationships.
  
  4.6  You will not make illegal and/or unauthorized uses of the Site and Service, including collecting usernames and/or email addresses of other members posted on this Site by any means for the purpose of sending unsolicited emails and unauthorized framing of or linking to the Site. Appropriate legal action will be taken on our side, including without limitation, civil, criminal and injunctive redress.
  
  4.7  You understand and agree that Ndating is not responsible for the conduct, whether online or offline, of any members listed on this Site. Please use caution and common sense when using the Site and the Service. Your interactions with other members posted on this Site are entirely at your own risk.
  
  4.8  The service fees quoted on this Site form part of this Terms. We reserve the right to change the same at any time. If you are unhappy with any service fee changes you may terminate your membership by writing to us.
  
  4.9  When using particular Service of the Site, you shall be subject to any posted Policies or Procedural Rules applicable to such Services, which may be posted and modified from time to time. All such Policies or Procedural Rules are hereby incorporated by reference into this Terms.
  
  
• 5. Content Posted at Ndating
  
  5.1  You understand and agree that Ndating may at its sole discretion store for review and delete any contents, messages, photos or profiles (collectively, "Content") that in our sole judgment violate this Agreement or which might be offensive, objectionable, illegal, or that might violate the rights, harm or threaten the safety of this Site the Service and other members or any third parties.
  
  5.2  You are solely responsible for the Content that you publish or display or post via Ndating or transmit to other Members.
  
  5.3  You will use this Site and the Service in a manner consistent with any and all applicable laws and regulations. You will not transmit defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, objectionable or illegal material, or any material that infringes or violates another party's rights when using this Site and the Service. Ndating reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the Service and terminating the membership of such violators.
  
  
• 6. Privacy and your personal information
  
  Registration data and certain other information about you are subject to our applicable privacy policy and practices. For more information, see the full version of Ndating Privacy Policy here.You understand that through your use of the Ndating Service you consent to such Privacy Policy.
  
  
• 7. Ndating Credits and Payment
  
  7.1  Qpid Credit is the default transaction unit value in consideration of we providing the Services. You can obtain Qpid Credit by paying via credit/debit card, cash, check or any other method the Site may accept as payment of account subject to our Refund Policy. All amounts of the Services are denoted in units of Qpid Credit unless a particular monetary currency is displayed.
  
  7.2  You may need to pay to use certain Service. This takes the form of purchasing Ndating Credit ( or "Credit") allocated to your Ndating Account in return for Service to be rendered.
  
  7.3  To use payable Service you need a sufficient balance of Ndating Credits. Payments for certain Service must be made by credit or debit card or other means which may be made available where Ndating Credit is not an accepted method of payment.
  
  7.4  Ndating Credits are valid for 180 days from the date of purchase, after which they will carry no value and cannot be reinstated.
  
  7.5  Price of the Credit is subject to change from time to time, without any notice to you. To get the current pricing of the Credits please go to the account settings area. The new price will apply to your next purchase of Credit after the adjustments have been published on the Ndating account settings area. You agree that by continuing to purchase and/or use the Service following the adjustments of the price, you accept the new price.
  
  7.6  You shall pay Ndating any applicable charges as stated on the certain account settings area in connection with the purchase and use of the Ndating Credit or other payable Service.
  
  7.7   If there is no Credit available in your Account, you will be subject to the limitations of the Service unless you elect to top up Credit balance in the Account.
  
  7.8  In the event you believe that we have charged you in error, you must contact us within 90 days after such charge. No refunds will be given for any erred charges which are more than 90 days old.
  
  7.9  Ndating reserves the right to stop accepting debit or credit cards from one or more issuers.
  
  
• 8. No Refund
  
  8.1  Payment for Credit purchase is non-refundable, and Credits which have expired cannot be reinstated. Similarly fees charged for one Service may not be credited towards other Service.
  
  8.2  Next to the guiding principles stated in Clause 7.1, there may be specific credit refund criteria for Live Chat Service.
  
  
• 9. Chargeback
  
  9.1  Payment for our Ndating Service are predominately effected through member’s credit / debit cards, which processing involves further the card’s Issuing Bank, Acquiring Bank and the ultimate Card company. A chargeback claim will necessarily entail substantial amount of time & efforts in the factual investigation process by all parties concerned.
  
  9.2  We recognize that there may be justifications with certain chargeback claims but equally there are ones wholly without merit, sometimes to the point of being malicious or fraudulent. Fraudulent claim is a criminal offence for which we reserve the right to complain and invoke prosecution by law enforcement agencies, during which process we will provide details of the complainant’s personal information, card authentication details, record of communication related to our Service or other users, members.
  
  9.3  As a matter of compensation for our efforts in investigating the claim, you hereby agree that should your claim be found fraudulent or malicious, you will pay us an amount by way of liquidated damages comprising of :
  - all relevant disbursements paid by us to third parties;
  - US$125 per month from the commencement to full conclusion of the claim;
  - 5% of the subject amount of the chargeback claim.
  Such compensation be effected with priority by way of set-off from the Ndating Credit (currently at the equivalent of 1 Credit = US$5) available from your account with us.
  
  
• 10. Changes to the Terms
  
  10.1  Any changes we make to the terms of use will be reflected on this page. You may bookmark this page and check it frequently for any notice of amendments / changes to the original Terms.
  
  10.2  You will be deemed to have accepted a variation if you continue to use the site after the new terms of use has been posted.
  
  
• 11. Force majeure
  
  Although we will do our best to provide constant, uninterrupted access to Ndating Service, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
  
  
• 12. Legal Terms, Applicable Law and Jurisdiction
  
  12.1  The Terms constitute the whole legal agreement between you and Ndating and govern your use of the Service, and completely replace any prior agreements between you and Ndating in relation to the Service.
  
  12.2  You may use a service which is provided by third parties linked to the Site. Your business dealings or correspondence with, or participation in events of third parties other than Ndating, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these third parties.
  
  12.3  You agree that any action at law or in equity arising out of or related to the Terms shall be filed only in the Courts of Hong Kong Special Administrative Region of The People’s Republic of China, and that you hereby consent and submit to the exclusive jurisdiction of such courts, absolutely waive the procedural defence ground of "forum non-convenien". No action arising under or related to the Terms may be brought by either party more than one year after the cause of action has occurred. This Terms are governed and to be interpreted exclusively by the laws of the Hong Kong Special Administrative Region, the People’s Republic of China.