شروط وأحكام الشراء
شروط وأحكام الشراء

Terms and Conditions

Preamble

Welcome to Hawaya. Hawaya offers dating services aiming to facilitate the formation of relationships between individuals through electronic communications networks including without limitation the website www.harmonica.life and the related downloadable application (together the “Service”).

 

If you live outside of the European Economic Area, Switzerland or the United Kingdom, these Terms of Use are between you and:

Harmonica IT, Inc.

8750 Central Expressway, Suite 1400

Dallas, TX 75231, USA

 

If you live in the European Economic Area, Switzerland or the United Kingdom, these Terms of Use apply between you and:

MTCH Technology Services Limited (“MTCH Technology”)

Charlemont Exchange

42 Charlemont Street

Dublin 2, D02 R593

Ireland

 

The terms “us“, “we” or “Hawaya” refer to Harmonica IT, Inc. or MTCH Technology based on your country of residence.

 

Privacy

For more information on how we collect and process your personal data, please see Hawaya’s Privacy Policy.

 

  1. Consent – Acceptance of Terms and Conditions

By creating a profile (“Profile”) and using the Service, you confirm and acknowledge that you agree to be bound by these Terms of Use, our Privacy Policy, our Cookie Policy and our Safety Guidelines which together constitute the entire agreement between you and Hawaya in relation to the use of the Service (“Agreement”). In case you do not agree to be bound by all the terms of this Agreement, please do not use the Service.

 

  1. Eligibility

The Service is only intended for adults over 21 years old. If you are under 21, you are not authorized to use the Service and will not be afforded access to any features that allow for you to provide personal information to us or to share information with other users.

 

By creating a profile and using the Service, you represent and warrant that:

  • You can form a binding contract with Hawaya.
  • You will comply with this Agreement and all applicable laws and regulations.
  • You will provide correct, accurate and true information that is not misleading. In particular, you must be truthful and honest in the responses you provide to our profiling questionnaire and when interacting with other users. You must abide by the Service’s purpose, which is to allow individuals to chat for personal, entertainment and non-commercial purposes, for the overall purpose of seeking a bona fide relationship.
  • You will promptly update, suspend or delete your profile in case your personal situation changes and you can no longer be qualified as a single person.
  • You are not a person who is barred from using the Service under local law, the laws of the United States or any other applicable jurisdiction – meaning (without limitation) that you do not appear, or act on behalf of any organisation listed on the US Treasury Department’s list of Specially Designated Nationals, or face any similar prohibition in any other jurisdiction.
  • You have never been convicted of a felony or indictable offence (or crime of similar severity), a sex crime, any crime involving violence, or a crime inciting hatred or activism.

 

Hawaya reserves the right to decline, suspend or terminate membership at any time if you do not meet all of these conditions.

 

  1. Your Account

You can gain access to the Service by creating a profile on the Service for free. Hawaya is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. From time to time, we may also offer paid-for functionalities, for which the terms and conditions are set out hereinafter.

 

You agree to create only one unique profile. No user may subscribe more than once, not even by using a different name. Membership is personal to a user and cannot be assigned or transferred to third parties.

 

Sign up by phone

If you sign up using your phone, you will be required to authenticate your phone number via a sign-in code received by SMS or via email.

 

Sign up via Facebook

If you sign up with your Facebook account, at the time of signing up you must be connected to at least 50 friends. If you do so, you authorise us to access and use certain Facebook information, including but not limited to your public Facebook profile.

 

Password security

You are responsible for maintaining the confidentiality of usernames, logins, passwords and/or other entry codes you use to sign up for Hawaya (login credentials). You must not communicate, disseminate, share, make accessible, in any way or for any reason whatsoever, your login credentials to any third party, whoever that is. If you have any reason to believe that someone is using your login credentials, please immediately inform Hawaya by contacting our Help Centre via the app, or by sending an email to info@harmonica.life

 

  1. Safety - Your Interactions with Other Users

4.1 Though Hawaya strives to encourage a respectful user experience through its ‘Guardian’ functionality, YOU UNDERSTAND THAT HAWAYA DOES NOT VERIFY THE ACCURACY OF PROFILE DESCRIPTIONS NOR DOES IT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE ENQUIRE INTO THE BACKGROUND OF ITS USERS. HAWAYA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS USERS. THEREFORE HAWAYA EXCLUDES ALL LIABILITY IN CONNECTION WITH EVENTS OF ANY NATURE WHICH COULD TAKE PLACE BETWEEN USERS (AND GUARDIANS) DURING ONLINE OR OFFLINE INTERACTIONS, WHETHER ON OR OFF THE SERVICE, OR IF YOU MEET IN PERSON.

 

You agree to consider and follow Hawaya’s Safety Tips at all times. In particular, you must ensure that you define the boundaries of your private life and that you do not communicate confidential, sensitive or financial information through the Service (for example, your credit card or bank account information), or wire or otherwise send money to other users.

 

If you see content or experience behaviour on the Service that violates this Agreement, please report it to us in a timely manner by clicking the ‘Report’ button or contacting us via the Help Centre. If Hawaya considers your complaint to be justified, such offending content will be removed as soon as we are able to do so.

 

4.2 Guardian Functionality

Our Guardian feature allows users to name a person who will receive transcripts of all your exchanges with other users. You can set up, nominate and turn off the Guardian functionality at any time by following the on-screen instructions. If another user set ups a guardian on their account and you wish to communicate with such user, you will be required to provide your consent before their guardian can read and access transcripts of your exchanges with that user. ONCE YOU HAVE AUTHORISED ACCESS TO YOUR PRIVATE MESSAGES TO A GUARDIAN, SUCH MESSAGES WILL NO LONGER BE DEEMED TO BE OF A PRIVATE NATURE OR CONFIDENTIAL BETWEEN YOU AND THE USER. HAWAYA MAKES NO REPRESENTATIONS OR WARRANTIES AND EXCLUDES ALL LIABILITY IN CONNECTION WITH A GUARDIAN’S CONDUCT OR THEIR ABILITY TO KEEP THE INFORMATION THEY RECEIVE CONFIDENTIAL.

 

  1. Obligations for Members

In order to use the Service, you agree to comply with this Agreement and with applicable laws and regulations, and to respect the rights of other users. In particular, you agree that:

  • You must not use this Service to sell any goods or services or distribute any promotional materials.
  • You must not post, display or disseminate in any form whatsoever, your personal contact details or information or content incorporating hyperlinks to third-party websites.
  • You must not impersonate any other person or use another user’s account, create or publish content that infringes other people’s intellectual property rights, rights of publicity, privacy, copyright, trademark or any other personal right. This means you cannot copy modify, transmit, create any derivative works from, make use of, or reproduce in any way other people’s materials, photos, trademarks, trade names, service marks, or any other intellectual property or their personal information without their explicit prior permission. You may only disclose or publish content that relates to you and to your true identity.
  • You must not insult, bully, stalk or harass other users, try to convince other users of your political, moral or religious views, or publish any content that is defamatory, harassing, threatening, abusive, offensive, racist, xenophobic, incites violence, or contains nudity or is sexually explicit or pornographic. Excessive use of national or religious symbols won’t be tolerated.
  • You must not share any content that may encourage criminal or unlawful conduct. Weapon representations are not allowed in any form.
  • You must not use the Service for solicitation, prostitution, human trafficking or slavery.
  • You must not use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or other automatic device, method, process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • You must not use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or network connected to the Service. You must not install computer viruses or other malware. You must not probe, scan, or test the vulnerability of our Service or any system or network.
  • You must not “frame” or “mirror” any part of the Service without Hawaya’s prior written authorisation.
  • You must not use meta tags or code or other devices containing any reference to Hawaya or the Service (or any trademark, trade name, service mark, logo or slogan of Hawaya) to direct any person to any other website for any purpose.
  • You must not modify, adapt, sub-license, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
  • You must not use or develop any third-party applications that interact with the Service or other users’ content or information without Hawaya’s prior written consent.
  • You must not use, access, or publish any part of the Service’s application programming interface without Hawaya’s prior written consent.
  • You must not encourage or promote any activity that violates this Agreement and/or all applicable laws and regulations.
  • You must not express or imply that any statement you make is endorsed by Hawaya.

 

THE CONTENTS OF THIS SERVICE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT HAWAYA’S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH ABOVE. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS SERVICE FOR ANY PUBLIC OR COMMERCIAL PURPOSE.

 

We do not control or moderate exhaustively any of the Content posted, however your photos and the description featuring on your profile will be verified. You understand and agree that from time to time we may monitor or review any Content you post on the Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service or that of a third party. More information on how we process your personal data can be found in our Privacy Policy.

 

Hawaya may investigate and take any available action (including legal action) in the event of any suspected or actual unauthorised use of the Service, or against a user who is suspected of having committed or has committed an offence.

 

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

 

  1. Modification of the Service

Hawaya reserves the right, in its absolute discretion, to introduce paid-for Services at any time including certain features and functionalities on a recurrent subscription basis and/or on an instant consumption basis.

 

We may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not notify before taking them. We may even suspend the Service entirely, in which case we will notify you in advance unless extenuating circumstances, such a safety or security concerns, prevent us from doing so.

 

  1. Matches

Our personalized matches are based on certain criteria as specified on the Service from time to time. You agree that Hawaya cannot guarantee that any user we suggest as a potential match will conform to all your desired specifications and criteria. If there are no users fully corresponding to any specified criteria at any given time, Hawaya will, in its sole discretion, select alternative users as potential matches.

 

  1. Purchases

8.1 Generally

From time to time, Hawaya may offer products and services for purchase (“in app purchases”) through iTunes or Google Play, or other app stores authorized by Hawaya (as the case may be). If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged for the in app purchase at the prices displayed to you for the  service and/or membership period you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorise Hawaya or the third party account, as applicable, to charge you.

 

Auto-Renewing Subscriptions; Automatic Card Payment

If you purchase a subscription, you agree to pay all charges at the prices displayed to you on the Service and you authorize Hawaya and/or the relevant third party account such as iTunes to charge your Payment Method. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically be renewed for an additional equivalent period (or any shorter period if so displayed at the time of such renewal transaction), at the price you agreed to when subscribing, until you terminate or cancel the subscription.

 

After each in-app purchase, you will receive a notice confirming your transaction. Objections to a payment already made should be directed to the relevant customer care team for iTunes or GooglePay. You will also be able to object by contacting your bank or payment provider, who can provide further information on your rights as well as any applicable time limits.

 

You may unconditionally withdraw your consent to automatic card payments at any time, but please be advised that you are still obligated to pay any outstanding amounts.

 

8.2 Additional Terms that apply if you pay Hawaya directly with your Payment Method. 

If you pay Hawaya directly, your card payment information will be stored and subsequently used for any further automatic card payments.

 

You may edit your payment information by visiting Hawaya and going to your Settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorise Hawaya us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.

 

Hawaya may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Hawaya, Hawaya may terminate your account immediately in its sole discretion.

 

8.3 Managing Auto-Renewing Subscriptions

If you subscribed using your Apple ID or Google Play account, you can switch off the auto-renewal by signing in to your third party account and going into the ‘Manage subscriptions’ in your phone settings (Apple) or ‘Account Settings’ (Google).  PLEASE NOTE THAT DELETING YOUR ACCOUNT OR THE HAWAYA APP FROM YOUR PHONE WILL NOT CANCEL OR TERMINATE YOUR SUBSCRIPTION. Hawaya will retain all funds until you terminate or cancel your subscription via your Apple ID or Google Play, as applicable. Once you terminate or cancel your subscription, you may still use your subscription until the end of your then-current subscription term, and your subscription will not be automatically renewed after the current term expires.

 

8.4 Refunds for Auto-Renewing Subscriptions – Statutory Rights

Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. We will make an exception if the laws applicable in your jurisdiction provide for refunds and it is requested within fourteen days of the transaction date (your “Statutory Right of Cancellation”).

 

For subscribers residing in the European Economic Area, Switzerland and the United Kingdom, in accordance with local law, your Statutory Right of Cancellation entitles you to a full refund without stating the reason during the 14 days after the subscription begins.

 

Refunds will be made using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.

 

To request a refund in accordance with your Statutory Right of Cancellation

If you subscribed using your Apple ID, refunds are handled by Apple, not Hawaya. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

 

If you subscribed using your Google Play Store account: please contact our Customer Care team with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: Hawaya, Attn: Cancellations, info@Harmonica.life.

 

Alternatively, you may use the standard cancellation form (Annex 1), but this is not a requirement.

 

  1. Closing your Account

You may terminate your Hawaya membership at any time, for any reason, via your Settings. Please note that deleting your account on Hawaya or deleting the Hawaya app from your device does not terminate or cancel any paid-for features which you may have subscribed to. If you have purchased any paid-for features and wish to discontinue your subscription to these, please see Section 8 above.

 

  1. Termination or Suspension by Hawaya

In the event of any actual or suspected breach of any of these Terms of Use, Hawaya may, at any time, permanently or temporarily prohibit all access to the Service or terminate your account. Such termination or suspension can take place without prior notice and will not entitle you to a refund. Following such termination or suspension, you may not attempt to register as a user or make use of the Services, unless we inform you that the suspension was lifted.

 

  1. Rights You Grant to Hawaya

By creating an account, you grant to Hawaya a worldwide, transferable, sub-licensable, royalty-free right and licence to host, store, use, read, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorise us to access from any third party-platform (such as Facebook), as well as any information you post, upload, display, or otherwise make available (collectively, ‘post’) on the service and transmit to other users either via your profile or  through any private messaging service operated through the Service] (collectively ‘Content’). Hawaya’s licence to your content is non-exclusive, except that it is exclusive with respect to derivative works created through your use of the Service. For example, Hawaya would have an exclusive licence to the screenshots of the Service that includes your Content. In addition, so that Hawaya can prevent the non-authorised use of your Content outside the Service, you authorise Hawaya to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the authority, but not the obligation, to issue notices pursuant to 17 U.S.C. s.512(c)(3) (i.e. DCMA Takedown Notices) or s.14 of the Electronic Commerce Directive or any equivalent process under applicable law on your behalf if your Content is taken and used by third parties outside the Service. Our licence to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing and improving the Service and researching and developing new ones. You agree that any new Content you place or that you authorise us to place on the Service may be may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Hawaya users).

 

We highly value your feedback. By submitting suggestions or feedback to Hawaya regarding our Services, you agree that Hawaya may, in its absolute discretion, use and share such feedback for any purpose without any obligation or compensation to you.

 

  1. 12. Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your Content has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

 

  • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
  • your contact information, including address, telephone number and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

 

Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to copyright@match.com, by phone to (+1) 214-576-3272 or via mail to the following address:

Copyright Compliance Department c/o Match Group Legal

8750 N. Central Expressway, Suite 1400

Dallas, Texas 75231

 

Hawaya will terminate the accounts of repeat infringers.

 

  1. Links

The Service may contain links to other websites and mobile apps that are not operated or controlled by Hawaya. Use of these links to access other websites or mobile apps is at your own risk. Hawaya is not responsible for the availability (or lack of availability) of such external websites or resources. Hawaya is not responsible for the accuracy, reliability or quality of any information or services provided or products sold on third-party platforms. Hawaya establishes links to other websites and applications for the convenience of its users only.

 

If you choose to interact with the third parties made available through our Service, their terms will govern their relationship with you. Hawaya is not responsible or liable for third parties’ terms or actions.

 

  1. Disclaimers

HAWAYA PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HAWAYA DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. FURTHERMORE, HAWAYA MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.

 

HAWAYA TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES HAWAYA TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH HAWAYA. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. HAWAYA IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION

 

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HAWAYA, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF HAWAYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HAWAYA’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO HAWAYA FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 15 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 15 MAY NOT APPLY TO YOU.

  1. Indemnity

To the extent permitted under applicable law, you agree to indemnify, defend and hold harmless Hawaya, its affiliates and its respective employees, directors, and agents from and against all losses and damages arising out of third party claims, (including all professional advisers' fees and related legal costs and expenses), in relation to (i) any act, omission of, or breach of these Terms of Use by you including, without limitation, your improper or unauthorised use of the Service or any other service provided hereunder and all actions or statements made by an intermediary using your account, whether these are fraudulent or not; or (ii) any breach of this Agreement due to the applicability of any law, order or regulation. This indemnity will survive the expiration or termination of this Agreement, and is expressly made for the benefit of, and shall be enforceable by, Hawaya or its successors and assignees.

 

  1. Mediation, Arbitration, Class-Action Waiver, and Jury Waiver.

17.1 Users based in the European Economic Area, Switzerland and the United Kingdom

The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Hawaya does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the European Economic Area or Switzerland or the United Kingdom.

 

17.2 All other users not residing within the European Economic Area or Switzerland or the United Kingdom, to the extent not prohibited by applicable law:

  1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures except as modified by our Arbitration Procedures (see below). The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court.  If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in the small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
  2. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
  3. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Hawaya (except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

 

  1. Governing Law

18.1 Users residing within the European Economic Area or Switzerland or the United Kingdom

This Agreement, and any dispute between you and Hawaya, shall be governed by the exclusive jurisdiction of the laws of the Republic of Ireland, subject to mandatory laws and regulations in force in the country of residence of the user.  The courts of Dublin, Ireland will have jurisdiction, if not otherwise required by the applicable consumer protection legislation in the country in which you reside.

 

18.2 All other users not residing outside the European Economic Area or Switzerland or the United Kingdom:

Except where our arbitration agreement is prohibited by law, the laws of Texas, USA, excluding Texas’ conflict of law rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Arbitration agreement in section 17 above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

 

  1. Entire Agreement; Other.

This Agreement constitutes the entire agreement between you and Hawaya regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Hawaya to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Hawaya account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Hawaya in any manner.

 

  1. Language.

This Agreement is made in the English language. As far as permissible under applicable laws, the English language version of this Agreement will prevail over any other local language version.  

 

 

 

Annex 1 – Standard cancellation form (please complete and submit this form if you wish to use your right of cancellation)

*Note: If you purchased your subscription through Apple or Google Play, cancellations will be handled via your third party account. Refunds on Google Play accounts will be handled by Hawaya.

To MTCH Technology Services Limited, Hawaya, Attn: Cancellations, Charlemont Exchange, 42 Charlemont Street, Dublin 2, D02 R593, Ireland, email: info@harmonica.life

 

I hereby declare that I wish to use my right of cancellation in connection with my purchase agreement on the delivery of the following services

Order No.:
Ordered on:
Consumer’s name:
Consumer’s address:
Consumer’s email address:
Consumer’s telephone number:
Date:

 

……………………………………………………………………………………………………………….

 

Annex 2 - Arbitration Procedures

 

  1. Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving you and Hawaya. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules (the “JAMS Rules”), as modified by these Arbitration Procedures. If there is any inconsistency between the JAMS Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the arbitrator determines that strict application of the Arbitration Procedures would not result in a fundamentally fair arbitration, the arbitrator may make any order necessary to provide a fundamentally fair arbitration that is consistent with the JAMS Rules.

 

  1. Commencing an Arbitration. To commence an arbitration against Hawaya, you must complete a short form, submit it to JAMS, and send a copy to Harmonica IT, Inc. at Match Group, Inc., PO Box 25458, Dallas, TX 75225. To learn more about commencing an arbitration and to obtain a form to institute arbitration, please visit the JAMS website and download the form available at: https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf.

 

  1. Fees. You are responsible for paying your portion of the fees set forth in the JAMS’s fee schedule for consumer disputes. Hawaya will pay all remaining fees, except to the extent it is determined by the arbitrator that all or a portion of the remaining fees should be borne by you. If your claim against Hawaya is for less than $1,000, we will pay all fees, except to the extent it is determined by the arbitrator that all or a portion of the remaining fees should be borne by you. If you believe you cannot afford JAMS’s fee, you may apply to JAMS for a fee waiver.

 

  1. Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment.  The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution.