General Terms and Conditions of Use
The following terms and conditions set out the relationship between PE Digital GmbH, Speersort 10, 20095 Hamburg, Germany, (“Parship", "us", "our", "we") and its customers ("you") when you subscribe to and use the Parship Service (defined below), whether through a mobile device, mobile application (our app) or computer.
If you are under the age of 18 years old, you are not allowed to use the Service. You can only use the Service for your personal use – commercial use is not permitted.
By registering to or using the Parship Service, you agree to be bound by (i) these General Terms and Conditions of Use; and (ii) the contractual terms which apply if you purchase additional features, products or services offered to you as part of the Service (such as a Premium Membership) (collectively, the "Subscription Terms").
You acknowledge that we offer our Service in many different countries (you can see the list of these countries on our website) and, as such, you acknowledge that the information included in your profile will be visible to our members in all of these countries. You will also be able to search for a partner in any of these countries, not just your own country.
If you do not agree to be bound by all the Subscription Terms, you will not be able to register for, or use, the Service.
1. Object of your Subscription
1.1 Once you have signed up for an account, Parship will provide you with access to an online database over which you will be able to get know other Parship registered customers (also known as members) (the “Parship Service” or “Service”). The Parship Service can only be accessed via mobile apps on iOS and Android devices (although, in the future, other operating systems may be made available), or via the Internet; and the Service includes some services that are free and some that are chargeable.
1.3 Please be aware that while we hope that by using our Service you will successfully meet and form a relationship with another Parship member, we cannot guarantee that your use of the Service will result in matrimony or any other long-term or meaningful commitment. We are not and do not act as a wedding agency in relation to our Service.
2. Access of the Service and Conclusion of your Subscription
2.1 To access and use the Parship Service you will need to register. To do this, you will need to provide an email address and a password of your choice. Once you have registered, you will be automatically allocated a "profile ID” (a pseudonym) and a "service password" by Parship, which will be emailed to you.
2.2 Once you have successfully registered, you will be able to access our free-of-charge Service (also called “Basic Membership”). Your use of this Service will be subject to the terms set out in these General Terms and Conditions of Use.
2.3 At this stage, Parship will also offer to you various services or features that are subject to a fee. Before you sign up to purchase such services or features, we will provide you with further information about what you will be purchasing, for example, where applicable: the main characteristics of the services or features, the term of your subscription (including any extension), how to terminate your subscription, the price and any payment conditions. If you want to upgrade your membership by choosing a membership that is subject to a fee ("Premium Membership") you acknowledge that by pressing the “Buy” button, you will have confirmed that you want to purchase the Premium Membership that you have selected. Our contractual relationship for that Premium Membership will be confirmed on the date that Parship sends you an e-mail confirmation of your order.
2.4 You can also purchase Parship Premium Membership via Parship's Apple iOS app or Google Android app. In this case, Parship remains responsible for the provision of our Service. Parship will provide you with an order confirmation regarding your Subscription Terms as a Premium member. However, your subscription is concluded (and must be cancelled or terminated) through Apple / Google, subject to the technical standards and principles established by Apple / Google, over which Parship has no control. As a rule, a purchase via an app store will take place when you click on “Buy now” (or a comparable checkbox) and, when required, you enter your password or touch ID for the app store. Your contractual relationship with Apple / Google will be confirmed on the date that Apple / Google sends you an e-mail confirmation of your order; and Apple / Google will invoice you for any Premium Membership charges through your Apple / Google account. You will also find in the app store all the essential information that you need about your contractual relationship with Apple / Google. If you purchase a Premium Membership via the app store that is subject to automatic extension, the Premium Membership will run for a fixed term, which will automatically extend unless you terminate your subscription with Apple / Google in accordance with Apple's / Google’s terms and conditions. Please note that Clauses 5.2, 5.5 and 11 (except 11.4) of these General Terms and Conditions of Use will not apply where you have purchased a Premium Membership via Apple / Google.
2.5 Please also see Clauses 14 and 15 below for those terms that will apply if you have downloaded our app from Apple or Google. Please also note – if you have downloaded our app from Apple's / Google’s app store, Apple's / Google’s app store terms of service will prevail over these General Terms and Conditions of Use if there are any differences between the two which cannot be reconciled.
3. Free-of-Charge and Chargeable Services
3.1 It is free to register for the Parship Service and to get our free membership (“Basic Membership”). Once you have registered, you will be asked to answer a scientifically based questionnaire which has been structured by reference to specific psychological criteria (the Parship "personality test"). The results of the personality test as well as comprehensive statistical comparative data are used by Parship to automatically create your individual personality evaluation. Your personality evaluation will then be included into the Parship database. Once in our database, your personality evaluation is automatically compared against the profiles of other Parship members on the basis of specific statistical comparison data, which enables Parship to draw conclusions about your compatibility with our other members. Using this information, Parship will send you free partner recommendations online in your profile and by email. You will also be able to access an online suggestion list for potential partners in your profile. This information will be provided to you as a condensed profile of the other compatible members, each containing a short description of the member, your compatibility points, along with the first name, the place of living, and a blurred photo. Please note that, as a Basic member, you will not be able to see unblurred photos of your partner recommendations. However, you may be able to see an unblurred version of your recommended partners' primary profile photos in some instances, at our discretion . By clicking on a condensed partner recommendation profile, you will be able to view the detailed profile of such member. As a Basic member, you will then be able to send as many predefined communications (for example a smile, etc.) to other members as you want; however, you will only have a limited ability to send and read personalised messages. Please note that we may still limit the number of predefined communications that you can send if required in order to protect our members and to secure our Service as further set out in these Terms and Conditions of use.
3.2 If you purchase a Premium Membership, you will regularly receive updated partner recommendations from Parship online (in your account) and via email. These partner recommendations will be continuously updated to take into account any new members who have been added to our database since you became a Premium member. As a Premium member, you will be able to view your recommended partners’ unblurred photos, first name, and the place of living (regardless of whether your recommended partners are Basic or Premium members). As a Premium member, you will be able to contact and exchange communications with other members (provided that they agree to communicate with you), without limitation. Please note that we may still limit the number of communications that you can send if required in order to protect our members and to secure our Service as further set out in these Terms and Conditions of use.
3.3 As described above, Parship may also provide you with additional services, which will be subject to a fee as displayed on our website.
3.4 We may change the Service: (i) to reflect changes in relevant laws and regulatory requirements; or (ii) to implement minor technical adjustments and improvements, for example to address a security threat (however, these changes will not affect your use of the Service). In addition, although we provide a description of our Service on our website, we may change the main characteristics of our Service from time to time. However, if we do this, we will notify you and you may then contact us to end your subscription before the changes take effect (and, in relation to a Premium Membership, you will receive a refund for the part of the service you have paid for but not received because of the earlier termination of your subscription).
3.5 Please be aware that although we aim to make the Parship Service available 24 hours a day, seven days a week, we cannot guarantee that the Service will be available 100% of the time. Our Service availability may be reduced due to any downtime which is due to maintenance and software updates, as well as any periods during which the Service is unavailable via the Internet due to technical or other problems that are beyond Parship's control. In order to be able to use the Parship Service fully, you should use up-to-date (browser) technologies on your mobile device or computer (e.g. enable Java script, cookies, pop-ups). If you use an older operating system or internet service provider, you may find that you only have limited access to the Parship Service.
4. Use (incl. for advertising purposes), Transfer and Transmission of Data
4.2 Parship constantly strives to protect you from harassment such as hacker attacks, spam or romance scamming. To this end, Parship has developed numerous technical and organisational standards. It is your responsibility to familiarise yourself with Parship’s security tips before using the Parship service and to follow these tips and the user guidelines in Clause 7 below. If Parship’s "Trust and Safety Team" contacts you in the event of anomalies, you are obliged to cooperate with and respond to immediately if such a request is made. If we recommend actions, you should seriously considered them and not reject them without serious cause. You should also report problematic content or behaviour to Parship through the function “suspicious profile?”.
5.1 You can terminate your Basic Membership at any time with immediate effect. To do this, you should navigate to the following section in your profile: “Data & Settings” > “Manage profile” > “Profile Status”, and activate the link “here”; confirming the termination by entering your personal password. Otherwise, we will continue to provide you with the Service unless: (i) we end your subscription in accordance with these General Terms and Conditions of Use; or (ii) your account is inactive for twenty-four months following your last log-in.
5.2 To terminate your Premium Membership that you purchased on our website, you will need to notify us whether: (1) in logging in to our website, in your profile: “Data & Settings” > “Manage profile” > “Amend subscription”, or (2) in writing using the contact details provided below in Clause 16. Subject to Clause 5.4 and Clause 11 below, any termination of your subscription will not take effect until the end of the agreed minimum term (and, as such, you will not be entitled to any refund). However, in order to make sure that your Premium Membership does not automatically extend (more on this in Clause 5.5), you must tell us that you want to terminate your subscription before the end of your then-current subscription term.
To authenticate your identity and your termination request, you must include the following information in your termination notification:
(1.) the email address registered in your profile, or your profile ID, and
(2.) your service password.
Your profile ID and service password are assigned to you when you register to our Service. You can access these at any time in your online profile in the section entitled “My Data & Settings” > “Manage Profile”.
5.3 If you terminate your Premium Membership, this will not automatically result in a termination of your free account. If you want to terminate your Basic Membership, please follow the procedure set out in Clause 5.1.
5.4 Subject to Clause 3.4, if you want to terminate your Premium Membership because we have told you about an upcoming substantial change to our Service to which you do not agree, your subscription will end immediately after we receive your written termination notice and we will refund you for any portion of the Premium Membership that we have not provided. If you have purchased your Premium Membership through Apple / Google, any refund will be made in accordance with Apple's / Google’s own terms as further described in Clause 2.4.
5.5 If you sign-up for a Premium Membership on our website, after your initial subscription commitment period (and again after any subsequent subscription period), your subscription will be automatically extended unless you notify us that you want to terminate your subscription in accordance with Clause 5.2. Any automatic extension period of your initial subscription will be for the term and price you agreed to when you subscribed for this initial Premium Membership and which were confirmed to you in the order confirmation you received at that time. Within the first two weeks of any extension of the original subscription period, you will have the option to repeat the Parship personality test.
5.6 Clauses 5.2 and 5.5 do not apply to termination of Premium Membership purchased from Apple via the iOS app or Google via the Android app. Please see Clause 2.4 for further information. Apple / Google may also provide additional mechanisms for you to terminate your subscription. To terminate a Premium Membership that you purchased from Apple via the iOS app or Google via the Android app, please see the instructions for terminating, available for Apple here and for Google here. If you do not cancel the automatic extension of your Premium Membership via Apple / Google, you will also have the option to repeat the Parship personality test within the first two weeks of any extension of the original subscription period.
6. Liability of Parship
6.1 You are responsible for the accuracy of the information provided during your registration and when completing the Parship personality test. To the fullest extent permitted by law, Parship will not be liable for the accuracy of your results to the Parship personality test, or for the content of your personality evaluation and the partner recommendations made to you by Parship as a result of your answers. If you need to update your profile or registration information, you can generally do this at any time through your profile. However, there is some information that can only be updated by contacting us using the details in Clause 16 (and this will be clear to you at the time).
6.2 Parship is only responsible for the technical provision of the Parship Service (i.e. the provision of our Service, as further described in Clause 3). Parship will generally enable you to make contacts with other members. We cannot, however, guarantee that you will be able to successfully secure a partner as a result of using the Service.
6.3 While we expect our members to use the Service in a kind and respectful way (and in accordance with these General Terms and Conditions of Use), Parship is not responsible for any misuse of personal information made available through the Service by its members, or for any other use of the Service by its members which is contrary to these General Terms and Conditions of Use, or any use that is otherwise unauthorised or unlawful. Parship is also not responsible for any misuse of data or information by third parties (i.e. other members or non-members) where you have provided the third party with such information.
6.4 While Parship works hard to provide a high quality service, Parship does not guarantee that the Service will perform perfectly at all times and cannot ensure that the Service will always be uninterrupted, secure or error-free. In particular, Parship is not liable for disruptions that affect the accessibility of the Service where such disruptions are caused by actions or events that are outside Parship's control. Furthermore, although Parship will put appropriate technical and organisational security measures in place to protect your personal information, to the fullest extent permitted by law, Parship will not be liable for any unauthorized access by third parties to your personal data (e.g. due to hackers gaining unauthorised access to our database).
6.5 Except as expressly provided in these General Terms and Conditions of Use, we exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these General Terms and Conditions of Use or your use of our Service.
6.6 As described below in Clause 10, these exclusions shall be governed by and construed in accordance with English law, subject to other mandatory laws, which cannot be excluded in your country of residence. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
6.7 Nothing in these General Terms and Conditions of Use shall exclude or limit our liability for personal injury or death caused by our negligence, or fraud. In addition, these General Terms and Conditions of Use shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
7. Responsibility and Duties of the Customer
7.1 If you have signed up for a Premium Membership, you must pay all charges within the time frames in which they fall due as set out in the Subscription Terms or under the relevant subscription (e.g. in accordance with the terms agreed with Apple if you purchased your Premium Membership via Apple as set out in Clause 2.4). If you have chosen to pay your subscription fee in instalments (multi-part payment) and you fail to pay the agreed fees in accordance with the payment plan for more than two successive instalments, then we may not provide you with the Service until such payment is provided, and we may take steps to recover your outstanding fees as permitted by law.
7.2 As mentioned above, you are responsible for the accuracy of the content that you provide at registration and for all the information you provide about yourself in your profile or as part of the Parship personality test. By providing us with this information, you agree and confirm that it is truthful and accurate. Intentional and / or fraudulent misrepresentation of your identity, including use of another or fictitious identity, can also subject you to potential legal liability.
7.3 By using the Service, you agree that you will only use the Parship Service for private and personal reasons and that you do not use or intend to use the Service for commercial reasons. You also agree that you will not use any information about third parties (including other members) that you receive through the Service for commercial or advertising purposes. You are in particular not allowed to use technological methods or processes to automatically download or otherwise access information about other members in order to use this information outside of the Parship Service (e.g. by a computer program or by copying and pasting the content). You also agree that the use of computer programs for the purpose of automatically reading files of member data (such as crawlers), is prohibited.
7.4 If you materially breach these Terms and Conditions of Use, or otherwise breach the law in relation to your use of our Service, Parship may be entitled to claim damages in accordance with the general rules of English law.
7.5 You will treat e-mails and other messages received via or in relation to the Service confidentially and you will not disclose these messages to third parties without the consent of the sender or serious cause. The same rules also apply to any names, phone and fax numbers, home addresses, e-mail addresses and/or URLs, or other personal information of other Parship members.
7.6 If you no longer wish to hear from us in relation to partner recommendations, or if you no longer want to be included as a potential partner in partner recommendations we propose to our other members (for example, because you have already found a partner), you must let us know immediately so we can remove you from our recommendations database. It is important that our database remains accurate and up-to-date, so that we can send our members useful partner recommendations (i.e. so our members do not receive partner recommendations from members who are no longer looking for a potential partner). If you do not let us know when you are no longer interested in finding a partner, this will have a detrimental effect on the quality of our Service as provided to other members.
7.7 You agree that you will retrieve any messages you receive (as well as any information contained in your profile that you would like to keep) at regular and appropriate intervals and, if required, that you will archive this information on your own computer or other data storage system. You understand that Parship may delete any messages stored in your account after a period of twelve months following the date the message was received, without further notice to you. If you are a Basic member, you understand that all your data relating to your current Basic Membership will be automatically deleted if your profile is inactive for twenty-four months.
7.8 By registering for a Parship account, you agree and represent that you will not misuse the Service and will comply with our conduct requirements. In particular, you will not use the Service:
7.9 If you do not comply with the conduct requirements as mentioned above in Clauses 7.1 – 7.5 and 7.8, or if you fail to materially comply with any other of the Subscription Terms, we may take the following actions: we may ask you to stop your non-compliant activities (or otherwise send you a warning that your activities do not comply with our conduct requirements); we may delete any content which you have submitted via the Service in breach of any of our conduct requirements; we may suspend the provision of the Service to you (in whole or in part) until the issue is resolved (for example, while we investigate your activities); or (if it is clear to us that you are seriously misusing the Service) we may terminate the provision of the Service to you. If we do decide to terminate your subscription because you have misused the Service, we will refund to you any payment that you have already made to us for any unused portion of the Premium Membership that we have not provided. However, we may still also deduct from this refund or charge you a reasonable amount as compensation for the net costs we will incur as a result of your non-compliance in accordance with this Clause. If you have purchased your Premium Membership through Apple / Google, any refund will be made in accordance with Apple's / Google’s own terms as further described in Clause 2.4.
8.1 Parship is an online service. As such, Parship will generally communicate with its members using online methods, such as e-mail (e.g. for partner recommendations, personality evaluations, subscription confirmations, invoices), or via screen mask in a member's logged-in profile. You can contact us by fax or post, but only if you have any questions relating to your subscription, your payment for a Premium Membership, or in relation to the security/encryption of our email communications. As a digital service, our Service is only provided online. Therefore you can only sign up to, use and subscribe to our Service online.
To make sure that we do not receive unauthorised requests (and to protect your account from abuse), please make sure that you provide the following information in any communications you send to us, so we can authenticate that the message has been sent by you:
(1.) your e-mail address registered in your profile or your profile ID; and
(2.) your service password.
As mentioned above, your profile ID and service password are assigned to you when you register to our Service. You can access these at any time in your online profile in the section entitled “My Data & Settings” > “Manage Profile”.
9. Rights of Use and Copyright
9.1 By using our Service, you understand and agree that Parship is the sole owner of all the rights in and related to the Service, including any rights of reproduction, distribution and processing, all copyrights, as well as the right of the intangible transmission and reproduction of the Parship website and of the content included within it. The use of any program, content, materials, trademarks as well as commercial names contained within the Service is only permitted for the purposes set out in these General Terms and Conditions of Use.
9.2 By creating an account, you grant Parship the right to use (including to host, store, use, copy, display, reproduce, adapt, edit, publish, modify or distribute) any information you make available on the Service (including any information you include in your profile) for the purposes of providing the Service to you and other members.
9.3 You understand that we have the right (but not the obligation) at our sole discretion to refuse to post, or to remove, any information that you make available on the Service; and that we have the right to change, condense or delete such content. For example, we may remove any content that violates these General Terms and Conditions of Use or is otherwise objectionable.
9.4 We respect the intellectual property of others and we expect our members to do the same. If you believe that any content that you see on our Service has been (or is being) used in a way which is an infringement of a third party's rights, please contact us using the contact details below (or via any other reasonable means of communication).
10. Governing Law
10.1 These General Terms and Conditions of Use shall be governed by, and construed in accordance with, German Law to the exclusion of the German provisions regarding conflict of laws. If the customer is a consumer resident in the European Union, the law of the country in which he resides may also apply, provided that the provisions are mandatory.
10.2 The online dispute settlement platform of the European Commission is available at: http://ec.europa.eu/odr. However, if you wish to raise a dispute with us about your subscription or the provision of our Service, please first contact us by email using the contact details provided below under Clause 16. Please make sure that you provide us with the information listed above under Clause 8. Parship does not participate in dispute settlement procedures before consumer arbitration boards. In this respect, there is no legal obligation.
11. Cancellation Policy, Exclusion of the Right to Cancel (“Right to withdraw”)
11.1 Right to withdraw
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us
PE Digital GmbH
- Customer Service Parship Ireland -
or by fax
+49 (0) 40 46 00 26–168
or by phone
+49 (0) 40 46 97 51 34
or by e-mail: support@Parship.ie
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory (hier or http://www.parship.com/web/Model-withdrawal-form_ie.pdf). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
11.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
End of the instructions on withdrawal
11.3 Please make sure that you provide us for a clear identification with the following two indications:
(1.) the e-mail address registered in your profile or your profile ID; and
(2.) your service password.
As mentioned above, your profile ID and service password are assigned to you when you register to our Service. You can access these at any time in your online profile in the section entitled “My Data & Settings” > “Manage Profile”.
11.4 Clauses 11.1 to 11.3 do not apply to cancellation of Premium Membership purchased from Apple via the iOS app or Google via the Android app. Please see Clause 2.4 for further information. Apple / Google may also provide additional mechanisms for you to cancel your subscription. To cancel your Premium Membership purchased from Apple via the iOS app or Google via the Android app, please see their instructions for cancelling available for Apple here and for Google here.
12.1 Parship may use third-party service providers and agents, including entities belonging to our group, to help us provide the Service to you.
12.2 Should any provision of the Subscription Terms be or become invalid, or should they be incomplete, it shall not affect the validity of the remaining content of the Subscription Terms.
12.3 The language of the Subscription Terms is English.
12.4 You can download the General Terms and Conditions of Use at any time and free of charge as PDF file.
12.5 We will not automatically store a copy of your Subscription Terms with Parship. As such, you should save a copy on your computer, or otherwise store a copy of your Subscription Terms at the time your contract is concluded. These General Terms and Conditions of Use are accessible on our website and our app; and we will provide you with a copy of the then-current General Terms and Conditions of Use by email in your confirmation email when you register for a Premium Membership.
12.6 PE Digital GmbH, Speersort 10, D-20457 Hamburg, Germany, represented by its Managing Directors, is responsible for the content of the Parship Service.
12.7 Please note that we reserve the right to change and update these General Terms and Conditions of Use from time to time. However, the Subscription Terms that will apply to you are either: (i) the Subscription Terms provided on the date that we confirm your order (for Premium members); (ii) the Terms and Conditions of Use in force on the date of registration (for Basic members); or (iii) the Terms and Conditions of Use in force on the date you become again a Basic member (at the end of your Premium Membership).
Model Withdrawal Form
PE Digital GmbH, Customer Service Parship Ireland, Speersort 10, 20095 Hamburg, Germany,
Fax: +49 (0) 40 46 00 26-168,
I hereby give notice that I cancel my subscription for the provision of the following service
Your full name
Your signature (only if this form is notified on paper)
Please note that the e-mail address registered in your profile or your profile ID* and your service password* will help us for a clear identification and a rapid processing of your query:
Your profile ID or your e-mail address as registered in your Parship’s profile
Your service password
(*) Your profile ID and service password were assigned to you when you registered to Parship. You can access these at any time in your online profile in the section entitled “My Data & Settings” > “Manage Profile”.