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Introduction

 

1. The CLINX dating app (the App) is owned and operated by eDrink Solutions Ltd # 12809820. By using the App you agree to be bound by these terms of use (the Terms) together with the privacy policy accessible in the App (the Privacy Policy). These Terms and the Privacy Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy Policy, do not use the App. If you have any questions, you can contact us at clinx@theclink.app

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2. We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

Registration

 

3. To use the App, you must be at least 18 years of age, legally capable of entering into a contract and not be registered as a sex offender anywhere in the world.

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4. You can register at the App through your Facebook or Google Plus account, or you can register directly.  If you register at the App through Facebook or Google Plus, you authorise us to access and use on the App your Facebook or Google Plus account information, including your public profile.  You are responsible for maintaining the confidentiality of the password you choose during the registration process, and you are solely responsible for all activities that occur under your account. Please take precautions to protect your password and contact us at clinx@theclink.app if you believe there has been any unauthorized use of your account.

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5. You may only register on the App using your own details, and all information you provide to us on registration must be accurate and complete.

Use of the App

 

6. The App enables users to upload personal information, including their own perception of their aesthetic characteristics, and to upload photographs.  The App will then match users to other users based on their geo location per nightlife venue.  Each user will be able to see the personal information and photographs provided by a user that they match in the same venue.

 

7. Users can swipe any of their matched users for free for a limited period of time. Swipes right on profiles will send a drink offer “clink” to other users.

 

8. User can accept drink offers (clinks) and choose from a set menu of drinks available per venue. Users can chat within the App if (a) they have accepted a clink offer; (b) their clink offer has been accepted.

 

9. Drinks ordered via the app are sent directly via an API to the venue’s (bar, pub, nightclub etc.) POS (point of sale) system and an order will be placed. NO monetary transaction will take place via the app for the purchase of alcoholic or non alcoholic beverages.

 

10. Type permits users to use the App for your own personal use.  The App must not be used for any illegal or unauthorised purpose. Users of the App may not use any information obtained from the App to advertise to, solicit, or sell to any other user without his or her prior explicit consent.   

 

11. When you use the App you must comply with all applicable Israel laws and with any applicable international laws, including the local laws in your country of residence. In particular, but without limitation, you agree not to (a) try to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; (b) use the App in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other user’s use and enjoyment of the App; and/or (c) save to the extent expressly permitted by law and not capable of exclusion by law, copy, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the App.

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11.1. The user waivers all responsibility from CLINX in the case of illegal drinking by minors who have illegally used the app to purchase eDrinks or real alcoholic drinks in any venue which is partnered with or discovered by the CLINX app. The user understands and agrees that responsibility of serving alcoholic drinks to eDrinks users is held unequivocally by the licensed venue to ascertain the age and eligibility of the customer. 

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Your content

 

11.2. There are many opportunities for you to interact and provide content to the App and to interact with other users (User Content).  You understand and agree that User Content may be viewed by other users on the App, and that they may be able to see who has posted User Content.  You further agree that we can use User Content for any other purposes, and combine User Content with other content for use within the App and otherwise. We do not have to attribute User Content to the user who first provided that User Content.

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12. User Content must comply with all applicable laws and regulations. In particular, but without limitation, your User Content must not (a) be inaccurate, false or misleading; (b) promote racism, hatred or physical harm of any kind against any group, establishment or individual; (c) harass or encourage harassment of another person; (d) promote illegal activities, criminal conduct or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) contain inappropriate content, including sexual or violent content; (f) involve the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming; and/or (g) infringe any third party rights, including copyright, trade marks or rights of privacy.

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13. We are not responsible and accept no liability for User Content including any User Content that contains incorrect information or is defamatory about another user. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. We do not necessarily endorse any opinion or statement contained in any User Content.

Meeting other users

 

14. You understand that we do not investigate the backgrounds of any users or check the information provided by users.  You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate outside the App or meet in person.  Type shall have no liability to you whatsoever in relation to your interactions with other users of the App. 

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15. Please see our tips. We also recommend that you follow the guidelines of Layla Tov found here. https://www.laylatov.org/

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Type Content

 

16. The copyright in all material contained in the App including all information, data, text, images, and all source code and other software is owned by or licensed to Type (Our Content). All rights are reserved. You can view, print or download extracts of the Content for your own use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use Our Content without our permission. 

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17. The CLINX™ trade mark is owned by Moshe David Rubinstein, 332390681.

 

18. The App may contain links to websites or apps operated by third parties.  We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.

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19. We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, and not Type, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

Liability and disclaimer – Your attention is particularly drawn to this section

 

20. Use of the App is at your own risk. The App is provided on an “as is” basis. To the maximum extent permitted by law: (a) Type disclaims all liability whatsoever, whether arising in contract, tort (including negligence) under statute or otherwise in relation to the App including all content uploaded by users; and (b) all implied warranties, terms and conditions relating to the App (whether implied by statute, common law or otherwise), including without limitation any warranty, term or condition as to accuracy, completeness, reliability, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded. Your statutory rights as a consumer are not affected.

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21. Type will not be liable, in contract, tort (including negligence), under statute or otherwise, as a result of or in connection with the App, for any (a) economic loss including, without limitation, loss of revenues, profits, contracts, business or anticipated savings; (b) loss of reputation; (c) loss of data including your User Content; and/or (d) special or indirect or consequential loss even if advised of the possibility of such losses.

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22. If Type is liable to you directly or indirectly in relation to the App, that liability (howsoever arising) shall be limited to the greater of the sums paid by you to use the App during the previous 6 months and £50.  Nothing in these Terms shall be construed as excluding or limiting the liability of Type for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation or for any other liability which cannot be excluded by English law.

Availability

 

23. We will use reasonable endeavours to make the App available to you at all times.  However, there may be occasions when access to the App may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. In addition, you acknowledge that the Internet may be subject to breaches of security and that the submission of content and interactions with other users may not be secure.

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24. We reserve the right to remove any content or features from the App for any reason, without prior notice and/or to suspend or cease providing any services relating to the App without notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.

Termination

 

25. We may suspend or delete your account if (a) you have breached any provision of these Terms; (b) we cannot verify or authenticate any information you provide to us; and/or (c) we determine that your conduct could damage our reputation.  If we delete your account, you may not re-register under a different name and you acknowledge that your User Content may be deleted.

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26. You may terminate your account at any time by deleting the App, or by contacting us at support@typedating.co.uk.

General

 

27. These Terms and the Privacy Policy (as amended from time to time) constitute the entire agreement between you and Type concerning your use of the App. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

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28. You consent to receive all communications including notices and other information from Type electronically. Type may provide all such communications by email, text or by posting them on the App.

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29. If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the App please follow this link http://ec.europa.eu/odr

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30. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

Additional Terms for Users who download the App from the Apple iTunes App Store

 

31. We both acknowledge that these Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content thereof.

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32. The licence granted to you for the App is limited to a non- transferable licence to use the App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions.

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33. We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

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34. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

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35. We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

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36. We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

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37. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

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38. We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

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Offers & Promotions

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All offers and promotions advertised by CLINX inside and outside of the app are subject to these terms and conditions:

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1. Promotions and offers may or may not include expiration dates visible to users. This does not necessarily mean that there is no expiration by date, time or other reason assigned.

2. The User agrees that both displayed and non-displayed expirations on promotions and offers are valid and will not be challenged.  

3. Promotions and offers are subject to budget limits which when reached will auto expire. Advertisements and content for promotions and offers may still appear after expiration

4. CLINX reserves the right not to fulfil any Promotion at any time and for any reason in cases where they include any FREE or discounted drinks, food, products or goods.

5. CLINX often works in partnership with 3rd parties to bring promotional offers to our users. CLINX is not responsible for the quality or manner in which products or gifts or discounts are handled by any 3rd party. 

6. The user will not hold CLINX is not responsible for any false or misleading advertising on any 3rd party platform not hosted or managed directly by CLINX.

7. The user waivers all responsibility from CLINX in the case of illegal drinking by minors who have illegally used the app to purchase eDrinks or real alcoholic drinks in any venue which is partnered with or discovered by the CLINX app. The user understands and agrees that responsibility of serving alcoholic drinks to eDrinks users is held unequivocally by the licensed venue to ascertain the age and eligibility of the customer. 

8. The User waivers all responsibility from CLINX as to the behaviour of users once met in person and live environment outside of the app’s platform and acknowledges that CLINX can not control the behavior of persons in real life. CLINX takes very seriously any bad behaviour by users and encourages our users to report immediately to the relevant emergency services when encountering dangerous, threatening or harassing behaviour. We also encourage notifying a member of staff. 

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Updated Last: 7.1.2021

 

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