TERMS AND CONDITIONS FOR THE USE OF OHELLO

ohello is the service (‘the Service’) which allows its users (‘you’) to communicate with each other through the application and the website www.ohelloapp.com and www.joinohello.com (collectively ‘the Website’) (the application and the Website are collectively referred to as ‘the Platform’). The Service and the Platform are operated by Qlickr B.V. (‘Qlickr’, ‘we’, ‘us’, ‘our’), details stated below.

By using and/or accessing the Service or the Platform you agree to and shall abide by these Terms and Conditions, our privacy policy (‘Privacy Policy’), our end user license agreement (‘EULA’) and additional terms (‘Additional Terms’) which (may) apply to additional services we (may) provide on the Service (collectively ‘the Agreement’).

YOU SHOULD READ THESE DOCUMENTS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ON OBLIGATIONS AND RIGHTS REGARDING YOUR USE OF THE SERVICE AND THE PLATFORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, OUR PRIVACY POLICY OR THE EULA, DO NO USE THE SERVICE AND THE PLATFORM.

  • Applicability and acceptance of the Terms and Conditions, and the Agreement
  • By using the Service and/or accessing the Platform you agree to and shall abide by these Terms and Conditions, our Privacy Policy our EULA and Additional Terms which (may) apply to additional services we (may) provide on the Service (collectively ‘the Agreement’). These documents make an electronic, legally binding contract between you and Qlickr.
  • We may release new features and tools or other services and/or features for the Service every now and then. These new tools and features shall be part of and governed by the Agreement from the moment they are launched and/or available.
  • We shall provide you with a hardcopy of the Agreement upon request. To file your request, please contact us at info@ohelloapp.com.
  • We may change the Agreement at any given moment. Changes shall be posted in the Service and you shall be notified of any changes when using the Service and/or accessing the Platform again after the changes have been made. You must accept the changes in order to be able to keep using the Service and/or accessing the Platform.
  • If you wish to withdraw your consent to the terms and conditions of the Agreement, or if you do not agree to any changes, mentioned in clause A.4, you must terminate your account and stop using the Service and/or accessing the Platform.
  • Clause and paragraph headings shall not affect the interpretation of the Agreement.

Eligibility

  • You must create an account to be able to make use of the Service and access the Platform.
  • By using the Service and/or accessing the Platform, and by creating an account you represent, warrant and confirm that you are at least 18 (eighteen) years old, that you have the right, authority and capacity to enter into the Agreement, that you are not placed under guardianship, that you have the competence to enter into this Agreement and that you shall abide by this Agreement.
  • Furthermore, by using the Service and/or accessing the Platform, and by creating an account you represent, warrant and confirm that you have never been convicted of, or are subject to any court order relating to sexual misconduct, sexual harassment, assault, violence, stalking or harassment. You acknowledge that we do not perform any background checks, screenings, do not verify the statements of any users and that we are never under any obligation to do so. However, we do reserve the right to perform such background checks, screenings and statement verification.
  • We reserve the right to refuse you using the Service, you creating an account, block your IP address, without giving reasons and without prior notice, notwithstanding any other rights we have under the Agreement or according to applicable law.

Your account

  • You can sign in using your Facebook login credentials in order to create an account and use the Service. By doing so, you explicitly authorise us to (a) access your Facebook account information and (b) use that information for the purpose of providing the Service. The authorisation includes, but is not limited to, the access to and use of your Facebook profile, your Facebook profile pictures, any content, Facebook friends you share in common with other users of the Service. Please read our Privacy Policy for more information on the information we collect from your Facebook account.
  • You have the obligation to keep your login credentials confidential. You may not authorise any others to use or access your account. You may not share your account with any others. You may not assign or transfer your account to any others. You are solely responsible for all activities that occur under your username (and password) and you acknowledge that we are never liable or responsible for any such activities.
  • You represent and warrant that all information submitted by you (including information on your Facebook account), is complete, accurate and truthful and that you will immediately update any information that becomes incomplete, inaccurate, misleading or false.
  • You may only have one account at any time.
  • You shall immediately notify us of any breach of security and any disclosure or unauthorised use of your username or password, at info@ohelloapp.com.

Your use of the Service

  • You shall always use the Service in good faith.
  • When using the Service, you shall always comply with all applicable laws and regulations and you shall always abide by the Agreement.
  • You are solely responsible for taking all appropriate and necessary health and safety precautions when using the Service.
  • You may not impersonate any other users, persons, entities, or otherwise misrepresent affiliation, association or connection with any user, person or entity.
  • You are solely responsible and liable for your use of the Service and for the content and information that you create, upload, post, publish, link to, duplicate, transmit, record, display or otherwise make available on the Service or transmit to other users, whether posted publicly or on privately transmitted (collectively ‘Post’), which includes (but is not limited to) chat messages, text messages, videos, audio recordings, music, pictures, photographs, text and any other information or materials, whether publicly posted or privately transmitted (‘Content’).
  • You may not and shall not Post, any discriminatory, racially offensive, abusive, offensive, threatening, intimidating, inaccurate, incomplete, obscene, profane, harassing, or illegal material and/or Content, or any other material and/or Content that infringes, or may infringe, or violates or may violate, another person’s (whether user of the Service or not) rights, including intellectual and industrial property rights, and rights of privacy and publicity. Furthermore, you may not Post any information or Content that:
  • promotes, is intended to or tends to harass, discriminate, harm, annoy, threaten or intimidate any other users, person or group;
  • is inaccurate, misleading, untruthful, defamatory, sexually explicit, profane, offensive, abusive or obscene;
  • promotes discrimination, bigotry, racism, hatred or mental or physical harm of any kind against any other users, person or group;
  • promotes or encourages activities, behaviour or conduct that is/are illegal, unlawful, libellous, or otherwise objectionable;
  • contain information, images, portraits, photographs, videos, audio, of any other user, person or group without explicit prior authorization to do so;
  • contains your own addresses, contact information (such as but not limited to phone number, email address);
  • contains the addresses, contact information (such as but not limited to phone number, email address) of any other user, person or group;
  • contains information, images, portraits, photographs, videos, audio of any other user, person or group under the age of 18 (eighteen) years, whether or not you are parent, have custody, are legal guardian, and whether or not you are explicitly, prior, authorised to do so, by whoever;
  • is intended to obtain or solicit another user's or person's, contact and personal details other than those provided by the Service;
  • is intended as communication with or on behalf of a person under the age of 18 (eighteen) years;
  • impersonates any other users, persons, entities, or otherwise misrepresents affiliation, association or connection with any user, person or entity;
  • contains advertising or promotional or commercial contents, or involves the publication, distribution, or transmission of spam, junk mail, chain letters, pyramid games/schemes, or any unsolicited mass mailing, spamming, spimming, trolling, phishing, or similar activities;
  • contains harmful software, viruses, worms, Trojan horses, time bombs, cancelbots, disruptive codes, or any other harmful software;
  • contains confidential information, inside information, or proprietary information of any kind;
  • requests money or any services from other users;
  • contains a link to illegal material or material that is listed in this and the next paragraph; or
  • consists of any similar activities to the activities described above.
  • In addition the foregoing, when using the Service, or with regard to the Service, prohibited activities include, but are not limited to:
  • using the Service for illegal and/or unlawful purposes;
  • obtain or solicit money from others;
  • the Posting of Content or information listed in clause D.6;
  • the disruption or interference of the Service, whether by disruption or interference with the servers and/or networks used by the Service;
  • the uploading of, injection of or infection with of the Service or the servers and networks it uses of harmful software, viruses, worms, Trojan horses, time bombs, cancelbots, disruptive codes, or any other harmful software; and
  • reverse engineering, decompiling, modification, deciphering, adaptation, sublicensing, sale of the software used for the Service.
  • You acknowledge, understand and agree that we are not obligated to review, check or monitor any information or Content you or other users Post. Notwithstanding the foregoing, we may do so. Furthermore, we may – without prior notice and without stating reasons – change, delete or alter any information or Content, whether in whole or in part, that in our sole judgment and discretion violates this Agreement, is unlawful, is in any way harmful to you, us, the Service, other users or any third parties.
  • By Posting information and/or Content, you hereby automatically grant to us (including our current and future licensees, affiliates and successors), the worldwide, perpetual, irrevocable, unlimited in any way, non-exclusive, transferable, free of charge and fully paid-up, right and license to duplicate, copy, reproduce, distribute, publish, display, make available, perform, use, store, record, play, adapt, alter, modify, or in any other way exploit that information and/or Content (including but not limited to the right to make derivative works of the information and/or Content, incorporate the information and/or Content into other works, or have others do so), in any media (including but not limited to the internet, websites, print, TV, radio, mobile applications, DVD, Blu-ray, gaming, video on demand). We have the right to transfer, assign the license, or grant licenses and sublicenses to licensees, or have and allow them granting sublicenses to licensees to any other parties. You hereby represent and warrant that any Posting of information and/or Content, including the use thereof, by us (including our current and future licensees, affiliates and successors) will not infringe or violate the rights of any third party and you indemnify us (including our current and future licensees, affiliates and successors) for any damages suffered, without limitation whatsoever, and including the reasonable cost for legal assistance. You represent and warrant that you have the right to post the Content on the Service and grant the licenses set forth above.
  • You acknowledge and agree to the fact that other users and persons may view your account (profile) and your Content.
  • The Service is for personal use only. You may not use the Service on behalf, or on assignment by any other third party. You may not use the Service or any content (including but not limited to Content, content of other users, text, pictures, photographs, images, designs, videos, information, software (source and object code, GUI), audio and/or video files) contained in the Service for any commercial use whatsoever. Use of the Service by businesses, organisations or companies is explicitly prohibited.
  • You may not use information or Content obtained from the Service to contact any other user without his or her prior explicit consent.
  • You are solely responsible and liable for the Content you post and for any of your interactions with any other users. We are not responsible or liable for the Content Posted by you, other users, or for the conduct of any user. In no event and to the extent possible by applicable law, shall Qlickr, its employees, its affiliates, its directors, its officers or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, consequential, and/or incidental, compensatory, arising out of or in relation to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from interactions, communications or meetings with other users or persons, whether met through the Service or not. You agree to take all necessary safety, health and any other precautions in all interactions with other users or persons, whether in communication, meetings or other interactions. You acknowledge and understand that we make no representations, guarantees and warranties, whether expressly or implied, regarding (a) your compatibility or ‘match’ with other users or any other persons you have interactions with, meet or communicate with, whether or not through the Service, and (b) the behaviour and abiding by this Agreement of other users or any other persons, regardless of whether you have interactions with them, meet them or communicate with them, whether or not through the Service.
  • You agree that we may access, store and preserve your account information and Content, if required to do so by law, to comply with legal process, to execute and/or enforce this Agreement, respond to and act upon third party claims pertaining to any violation of rights,  respond to and act upon your requests for customer service, allow you to use the Service in the future, protect our and any person's interests, rights, safety, or if we in good faith belief that such access, storage, preservation or disclosure is necessary.
  • We may and shall take any available legal action and remedy as a result of illegal and/or unauthorised use, and/or use not in accordance with the Agreement, of the Service, including collecting of usernames and/or email addresses of users and having such investigated.
  • When contacting customer service, you shall always act in a decent manner and behave properly. If you, in our opinion, do not act in such a way, for example (but without any limitation) if you swear, are offensive, sexist, harassing, threatening, racially offensive, or do not otherwise behave appropriately, we may stop providing you with customer service and/or we may immediately terminate your account.

Interaction with others

  • When meeting other users in person you shall always behave in a decent, respectful manner.
  • You are solely responsible for taking all appropriate and necessary health and safety precautions when meeting other users (or persons).
  • We do not make any representation or warranties that the other user or persons is a ‘match’ for you or that there is a ‘match’ for you amongst other users.
  • The Service may send you and another user you connected/matched with to a meeting. When the meeting is taking place in a public place, such as (but not limited to) a bar, restaurant, cafe, lunchroom, or any other venue, you shall not cause any damages to that public place or other venue. You are solely responsible and liable for any damage you cause in that public place or other venue.
  • We make no representations nor any warranties on the fitness for purposes (including but not limited the quality, the cleanliness, the availability, the safety, the opening hours, seating availability) of the public place or other venue you are being sent to.
  • We are not responsible nor liable for any damage you cause or suffer while getting to, leaving, getting away from aforementioned public place or other venue or while being in that public place or other venue.
  • You acknowledge and agree that we are not responsible for the behaviour of other users (or persons) you meet, whether in person or not. You acknowledge and agree that we are not liable for any damages suffered by you as the result of meeting other users (or persons), whether or not that other user (or person) shows up at the meeting.

Termination of your account

  • You may terminate your account at any moment through the ‘settings’ page in the app.
  • We reserve the right to immediately and without prior notice suspend and/or terminate your account in our sole discretion, for example if you, in our opinion, do not abide by the Agreement, if you act unlawful, if you do not act or use the Service in good faith, or if you cause any harm whatsoever to the Service, to other users, to other persons or to us. You shall be notified of the termination via the email address linked to your account.

Proprietary rights, intellectual property

  • All rights, including rights of intellectual and industrial property (such as but not limited to copyrights, trademarks, trade names, rights in design, text, font, icons, rights in style, database rights, rights to domain names) pertaining to the Service, its software, its contents, and to Qlickr (collectively ‘the Rights’), are owned and retained by us, or our licensors. This Agreement does not constitute any transfer, assignment, licensing or granting or rights, except as provided in the EULA.
  • You agree not to copy, duplicate, reproduce, publish, make available, transmit, make derivative works, make similar works, sell, the Service and/or the Rights.
  • You may not remove or alter any notices appearing on the Service, including (but not limited to) trademark, trade name, copyright, patent notices.

Intellectual property rights policy

  • You shall not Post any information, material or Content protected by intellectual, industrial and/or proprietary rights if you are not explicitly authorised to do so by the owner.
  • If you believe that your work, or material you are the proprietary owner of has been Posted in the Service in a way that constitutes an infringement on your intellectual, industrial and/or proprietary rights please contact us at copyright@ohelloapp.com and provide us with the following information and details:
  • a description of your work or material;
  • an explanation why your work or material has been infringed;
  • a description of where the infringement can be found and is located on the Service, including an URL;
  • a written statement by you that you believe in good faith that the use is not authorised by the owner of the intellectual property rights, its agent, nor that the use is permitted by law;
  • your full name and contact details, such as address, telephone number, email address;
  • a written statement by you, made under penalty of perjury, that all information you provide us with (including but not limited to the information above) in your notice is complete, accurate, truthful, and that you are the owner of the rights infringed, or that you are authorised to act on behalf of the owner of the rights.
  • We may terminate the account of infringers and/or repeat infringers in accordance with clause F.2.

Changes, updates, modification of the Service

  • We reserve the right to modify, change, discontinue the Service, add or remove features, update the Service, change its appearance, temporarily and permanently, at any time, in whole or any part thereof, and without any prior notification.
  • We are never liable to you or any third party for such modification, change, discontinuance, adding/removing features, change in appearance.

Disclaimers, limitation of liability and indemnity by you

  • Nothing in the Agreement shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from gross negligence or wilful misconduct by us.
  • We do not make any representations or warranties, whether express, implied, statutory or otherwise with respect to the availability, fitness for purpose, quality and operating condition of the Service. The Service is provided ‘as is’ and ‘as available’. We do not represent or warrant that the Service is or will be free of errors and viruses, secure, safe, uninterrupted, available or that errors, bugs, or any faults whatsoever will be corrected.
  • You agree to and acknowledge that your use of the Service, the Software and the Platform is at your sole risk. In particular, we do not represent or warrant to you that your use of the Service, the Software and the Platform will meet your requirements or is satisfactory to you.
  • We do not make any representation or warranties, whether express, implied, statutory or otherwise, with regard to any meetings, whether or not designated by the Service, between you and other users or persons. We do not make any representation or warranties that the other user or persons is a ‘match’ for you or that there is a ‘match’ for you amongst other users.
  • Any material that you obtain, view or download by using the Service is at your own risk. You are solely responsible for and hereby waive all claims with respect to any damage to your software and hardware, computer, device, internet access, or loss or corruption of data that results or may result from downloading any such material.
  • We may Post and/or make available through the Service third party advertising, advertorials, offers, opinions, statements, or other third party information or Content. All such third party content (including any links to third party content) is the responsibility of its respective authors and does not reflect Qlickr or Qlickr’s views, opinions, advice, or information and should not necessarily be relied upon. You agree that solely the third party authors are responsible for third party content. We do not make any warranties or representation on the accuracy, truthfulness, completeness, fitness for purpose of any third party content, nor do we endorse that third party content. You agree that we (including our current and future licensees, affiliates, employees, directors, officers, successors and third party partners) are not responsible or liable for any losses or damages resulting from your viewing, reliance upon or using third party content.
  • You hereby acknowledge and agree that to the maximum extent allowed by applicable law neither Qlickr, nor its current and future licensees, affiliates, employees, directors, officers, successors and third party partners have any liability to you or any third person or entity for any direct, indirect, consequential, incidental, exemplary, reliance, special or punitive damages, including without any limitation, damages for loss, loss of profits, loss of goodwill, Service interruptions, Service unavailability, corruption or breaches of data or programs, and procurement of substitute services, even if we have been advised of the possibility of such damages, and whether or not such is the result (or alleged to be the result) of:
  • your use of the Service and your access to the Platform;
  • your behaviour or the behaviour of any user of the Service, whether while using the Service, in meetings, online or offline;
  • termination of your account;
  • removal, modification, incorrect or delay in delivery, incorrect storage, whether partially or the whole of any Content, communication, information or your settings;
  • Content, information or material Posted by you or others;
  • unavailability, unfitness for purpose or operating condition of the Service.
  • Notwithstanding the foregoing and to the maximum extent allowed by applicable law, in the event that we are liable to you, our liability is always limited to the amount we are insured for by our insurance. We will provide you with our insurance policy upon request at info@ohelloapp.com. In the event our liability is not insured, our liability is limited to the amount paid, if any, by you to us for the Service while you have (had) an account.
  • Any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
  • You agree to indemnify and hold us and our current and future licensees, affiliates, employees, directors, officers, successors and third party partners, harmless from any liability, loss, claim, or demand, and including reasonable attorney's fees, made by any third party, whether valid or not,  due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), and for any information, material, Content you Post in the Service, and the violation of any law or regulation by you.

Miscellaneous

  • All notices by us to you may be sent using any reasonable means currently known or hereafter developed (including but not limited to email, regular mail, SMS, MMS, text message or postings in the Service).
  • If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
  • Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
  • No partnership, joint venture, agency, or employment relationship is created as a result of this Agreement.
  • You may not make any representations or bind us in any way.
  • This Agreement is exclusively governed by Dutch law. Any and all disputes arising out of or in connection with the Agreement shall be solely submitted to the court of Amsterdam, The Netherlands unless mandatory applicable law provides otherwise.
  • About Qlickr and contact details

Qlickr B.V. is the Dutch private limited liability company, having its statutory seat in Amsterdam, The Netherlands and its office at De Ruijterkade 113, (1011 AB) Amsterdam, The Netherlands, registered at the Dutch Chamber of Commerce under no. 62839993.

Questions, requests and inquiries regarding this Agreement must be directed at:

Qlickr B.V.

attn. Customer Service

1011 AB Amsterdam

The Netherlands

Or at:

info@ohelloapp.com

PRIVACY POLICY FOR THE USE OF OHELLO

oHello is the service (‘the Service’) which allows its users (‘you’) to communicate with each other through the application and the websites <www.ohelloapp.com> and <www.joinohello.com> (collectively ‘the Website’) (the application and the Website are collectively referred to as ‘the Platform’). The Service and the Platform are operated by Qlickr B.V. (‘Qlickr’, ‘we’, ‘us’, ‘our’), details stated below.

By using and/or accessing the Service or the Platform you agree to and shall abide by the Privacy Policy, the Terms and Conditions, our end user license agreement, (‘EULA’) and additional terms (‘Additional Terms’) which (may) apply to additional services we (may) provide on the Service (collectively ‘the Agreement’).

THIS PRIVACY POLICY FORMS PART OF THE LEGAL AGREEMENT BETWEEN YOU AND QLICKR.

YOU SHOULD READ THIS PRIVACY POLICY CAREFULLY, SINCE IT DESCRIBES THE TYPES OF INFORMATION WE COLLECT, HOW WE COLLECT AND USE INFORMATION, THE CIRCUMSTANCES IN WHICH WE DISCLOSE OR SHARE INFORMATION AND HOW YOU CAN ACCESS, UPDATE OR DELETE CERTAIN INFORMATION WE HAVE COLLECTED ABOUT YOU.

IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, DO NOT USE, OR STOP USING THE SERVICE AND/OR ACCESSING THE PLATFORM IMMEDIATELY.

BY USING AND/OR ACCESSING THE SERVICE OR THE PLATFORM YOU AGREE TO THIS PRIVACY POLICY.

IF YOU DO NOT WANT CERTAIN INFORMATION ABOUT YOU TO BE PUBLISHED IN THE SERVICE, YOU SHOULD NOT PROVIDE US WITH THAT INFORMATION, NOTWITHSTANDING THE FACT THAT YOU MUST PROVIDE CERTAIN INFORMATION TO BE ABLE TO USE THE SERVICE.

Information we collect and purposes

We collect information to provide optimum services to all users of our Service and Platform. We may collect information from you directly when you use the Service, access the Platform,  the websites of our affiliates. In addition, we may collect information about you from our business partners. We use the term ‘Personal Information’ to refer to any information you provide in connection with your use of the Service or accessing the Platform, by which you can or may be personally identified. If you provide or submit your Personal Information to us, you always have the right to review, update and/or delete your Personal Information, subject to our obligations to comply with legal, regulatory, internal audit and record-keeping requirements. The Personal Information we collect includes:

  • First name(s). This information is needed to provide the Service, identify you, both by us and other users, for communication between you and us and for customer service purposes. Your first name(s) will be displayed to other users in the Service;
  • Last name(s). This information is needed to provide the Service and for administration purposes, communication between you and us and for customer service purposes. Your last name(s) will not be displayed to other users in the Service;
  • Email address. This information is needed for creating an account, for account access and verification, communication between you and us and for customer service purposes. Your email address will not be displayed to other users in the Service;
  • Gender. This information is needed to provide the Service, including matching you and other users. Your gender will be displayed to other users in the Service;
  • Date of birth. This information is needed to provide the Service, including matching you and other users, and for enabling us to verify your age (regarding eligibility requirements in the Terms and Conditions). Your age will be displayed to other users in the Service, your date of birth will not be displayed to other users in the Service;
  • Height. This information is needed to provide the Service, including matching you and other users. Your height will be displayed to other users in the Service;
  • Profile picture(s). This information is needed to provide the Service, including matching you and other users. Your profile picture(s) will be displayed to other users in the Service;
  • Tags. You may provide ‘tags’ about yourself or your interests, but you are not obliged to do so. This information is needed to provide the Service, including matching you and other users. By providing us with such, non-mandatory information, you agree to the publication of that information on the Service to other users;
  • Location. This information is needed to provide the Service, including matching you and other users, and defining possible venues for meetings. Your location will be not displayed to other users in the Service, however, your (possible) ‘matches’ will be within a certain radius of your location and therefore they will know your approximate location.
  • Preferences. By searching for or looking at other users (or their profile) you provide us with your preferences for matches, such as location/search distance, age range, height and gender. This information is needed to provide the Service, including matching you and other users. Your preferences will not be displayed to other users in the Service, however, you will only be matched to other users who fit your search queries and therefore they might deduct (some of) your preferences;
  • Facebook account information. In order to register as a user with us, you can sign in using your Facebook login credentials. By doing so, you authorise us to access certain Facebook account information, such as your email address, public Facebook profile (consistent with your privacy settings in Facebook), likes, interests, gender, birthday, educational history, relationship interests and history, current location (city), photos, personal description, friend list, and information about and photos of your Facebook friends who might be common Facebook friends with other users of our Service;
  • Photos and pictures. You may provide us with photos and pictures. By providing us with such information, you agree to the publication of that information on the Service to other users;  
  • If you chat with other users, you provide us with the content of your chats. This information will not be displayed to other users in the Service (other than the user(s) you are chatting with);
  • Furthermore, we collect information on your customer service history and technical information on your use of the Service and access to the Platform, including IP address, operating system and version, browser type and version, time zone settings, your geo-location and login information. This information will not be displayed to other users in the Service. This information is necessary for us to provide the Service to you and for the purposes described hereinafter under ‘What we learn from you & cookies’.

If you provide us with any information that is non-mandatory for the use of the Service or the Platform, you are deemed to have explicitly agreed to providing such information.

Other users may perform a search, and may be able to find you on the Service by entering gender, age and/or height criteria.

The collection of aforementioned information is necessary for us to be able to provide the Service as without said information your profile (account) will be incomplete, and we won’t be able to match you to other users or let you connect with and meet other users; you hereby acknowledge and agree to the necessity for us to collect the aforementioned information.

What we learn from you & cookies

How you interact with the Platform and the Service shows us what you care about and what might be of interest to you. When you access the Platform or use the Service, we may use technology that can recognize, collect and/or transmit information that is associated with you, but which does not personally identify you. We use the term ‘cookie’ to refer generically to any technology that can recognize, collect and/or transmit information about your access to the Platform. This type of information includes such data as your IP address, the internet or web domain that referred you, the type of operating system and browser you are using (including versions), the date and time of your visit, data relating to activities on the Platform and the Service and other technological attributes about your visit to the Platform and use of the Service. This information may be used, without limitation, to analyse trends, administer the Platform and the Service, track user movements on the Platform and the Service, for advertising or security purposes, for gathering aggregate demographic information about visitors and for optimising user experience, so we can continually improve the Service and the Platform. Cookies can also track your preference for certain functions and features of the Service or the Platform and show your use of the Service and the Platform, and cookies can store information such as your user name and password so that you don’t have to re-enter them each time you return to visit. You can disable or turn the cookie feature off by changing the settings on your internet browser and you can also change the settings to stop your browser from automatically accepting cookies. Although changing these settings may not affect your ability to browse, it may affect your ability to use certain features and functions of the Services and the Platform, and it may also require you to re-enter certain information each time you visit or attempt to use the Service or access the Platform. You should consult the operating instructions that apply to your browser to determine how to best configure your browser settings for your needs.

How we use your information and Personal Information

Any of the information and Personal Information we collect from you may be used to:

  • provide the Service, including (but not limited to) customer service;
  • optimise your user experience of the Platform and/or the Service;
  • personalise your experience of the Platform and/or the Service (for example, your information helps us to better respond to your individual needs, e.g., we may use your information to serve you more tailored and relevant ads based on your interests or usage of the Platform and/or the Service);
  • improve the Platform and/or the Service (we continually strive to improve the Platform and/or the Service based on the information we receive from you);
  • administer Platform and/or Service features or respond to your inquiries or requests;
  • send periodic communications and/or periodic personalised communications. If at any time you would like to unsubscribe from receiving future email communications, we include detailed unsubscribe instructions at the bottom of each email.

Sharing your information with other third parties

We may use third parties to operate the Service and/or the Platform and if necessary we may provide such third parties with Personal Information, notwithstanding our responsibilities according to applicable law. Furthermore, we may disclose Personal Information to authorities or other third parties if we are obliged to do so by law or regulations.

Events

As a part of the Service, we may organise events. There will be cameras, photographers, interviewers, security cameras, etc. present at such events. If you visit an event, you hereby agree and acknowledge that you might appear on videos, audio recordings, images, photographs (collectively ‘Material’) made at or during that event. You hereby agree, whether or not you appear in the Material, without us being obliged for any payments or royalty’s to you, to us making, publishing, copying, reproducing, duplicating, editing, selling or using and/or exploiting Material in any way possible, currently known or developed in the future (or grant others the right to do so), such as but not limited to through the internet, television, DVD, Blu-ray, YouTube, social media, our Website, in print, flyers, advertisements, whether or not during Services, etc., including the use of your image, portrait and appearance.

Changing your Personal Information

We aim to keep our information and Personal Information about you as accurate as possible. If you would like to (i) review or change the information you have supplied us with or (ii) would like to be removed from our databases or (iii) would like us to stop using your information or Personal Information, please contact us as set out below. You can always change your Personal Information, but that doesn’t change what we have done with the older information.

Changes to this Privacy Policy and withdrawal of your consent

Keep in mind that we can change this Privacy Policy at any time. If we make material changes to our Privacy Policy, we will notify you of those changes by either contacting you via the email address that you have submitted to us, by giving notice through the Service, or by any other legally permissible manner. We advise you to periodically check this page.

If you wish to withdraw your consent to this Privacy Policy, or if you do not agree to any changes to this Privacy Policy, as mentioned above, you must stop using the Service and the Platform immediately. Do note that use of the Services and the Platform is subject to your approval of this Privacy Police (and the entire Agreement).

We protect your Personal Information

We maintain commercially reasonable standards of security and confidentiality. We also try to limit information and/or Personal Information access to individuals who need to have such access to perform their responsibilities associated with the Services or the Platform.

However, the internet and communications cannot be guaranteed to be secure and it is possible that others may unlawfully intercept or access information, transmissions or communications to, from or within the Service or the Platform.

Disclaimer of liability

There might be third-party links on the Service or the Platform that will send you to websites that we have no control over. Clicking on a third-party link is done at your own discretion and risk, and by doing so, you understand that you will be solely responsible for any loss or damage that may result from such activities.

Miscellaneous

This Agreement is exclusively governed by Dutch law. Any and all disputes arising out of or in connection with the Agreement shall be solely submitted to the court of Amsterdam, The Netherlands, unless mandatory applicable law provides otherwise.

About Qlickr and contact details

Qlickr B.V. is the Dutch private limited liability company, having its statutory seat in Amsterdam, The Netherlands and its office at De Ruijterkade 113, (1011 AB) Amsterdam, The Netherlands, registered at the Dutch Chamber of Commerce under no. 62839993.

Questions, requests and inquiries regarding this Privacy Policy must be directed at:

Qlickr B.V.

attn. Privacy Management

1011 AB Amsterdam

The Netherlands

Or at:

privacy@ohelloapp.com

END USER LICENSE AGREEMENT FOR THE USE OF OHELLO

oHello is the service (‘the Service’) which allows its users (‘you’) to communicate with each other through the application and the websites www.ohelloapp.com and www.joinohello.com (collectively ‘the Website’) (the application and the Website are collectively referred to as ‘the Platform’). The Service and the Platform are operated by Qlickr B.V. (‘Qlickr’, ‘we’, ‘us’, ‘our’), details stated below.

By using and/or accessing the Service or the Platform you agree to and shall abide by this end user license agreement (‘EULA’), the terms and conditions, our privacy policy, (‘Privacy Policy’) and additional terms (‘Additional Terms’) which (may) apply to additional services we (may) provide on the Service (collectively ‘the Agreement’).

THIS EULA IS PART OF THE LEGAL AGREEMENT BETWEEN YOU AND QLICKR.

YOU SHOULD READ THIS EULA CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ON OBLIGATIONS AND RIGHTS REGARDING YOUR USE OF THE SERVICE. IF YOU DO NOT ACCEPT THE EULA, (OR THE TERMS AND CONDITIONS AND/OR OUR PRIVACY POLICY), DO NO USE THE SERVICE AND DO NOT ACCESS THE PLATFORM.

BY USING AND/OR ACCESSING THE SERVICE OR THE PLATFORM YOU AGREE TO THIS EULA.

About the EULA

By using and/or accessing the software (including but not limited to any intellectual property rights (such as but not limited to copyrights, neighbouring rights, rights in designs, text, fonts, icons, GUI, trade marks, logo’s, trade names, software, source codes, object codes, domain names, service marks or other distinctive brand features)) provided to you by Qlickr as part of the Services and the Platform (‘Software’) you agree to this EULA. The EULA also applies to any new versions, updates, bug fixes, supplements, alterations and support for the Software.

Proprietary rights and granting of license

You acknowledge and agree that Qlickr (or its licensors) owns all legal right, title and interest in and to the Software, including any intellectual property rights (such as but not limited to copyrights, neighbouring rights, rights in designs, text, fonts, icons, GUI, trademarks, logos, trade names, software, source codes, object codes, domain names, service marks or other distinctive brand features) which subsist in the Service and the Platform (whether those rights are registered or not, and wherever in the world those rights may exist).

The Agreement does not constitute any transfer or assignment of rights. Nothing in the Agreement gives you any right to use any of our trade names, trade marks, service marks, logos, domain names, and other distinctive brand features for any use whatsoever, unless expressly provided otherwise in the Agreement.

We hereby grant you a personal, royalty-free, worldwide, non-assignable, non-transferable, non-sub licensable, revocable and non-exclusive license to use the Software (the ‘License’), subject to the terms of the Agreement. You may not modify, copy, create derivative works of, reverse engineer, decompile or otherwise attempt to extract the source code or object code of the Software or any part thereof, or have others do so unless this is expressly permitted or required by law. You may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single medium provided you keep the original solely for backup or archival purposes.

You may use the Software, the Service and the Platform only for personal purposes. Any commercial use (including but not limited to granting licenses to others, have other pay you for their use) is prohibited.

We reserve the right to terminate or revoke the License at any given moment and without prior notice, notwithstanding any rights we have according to the Agreement. If the termination is not due to any breach of the Agreement on your part, and you have made any payment to us, you shall be pro rata reimbursed. When we terminate or revoke the License, you are no longer authorised to use the Software.

Updates

We may provide new versions, updates, bug fixes, supplements, alterations and support for the Software. These are designed to improve, enhance and further develop the Software, the Service and/or the Platform.

Your use of the Service, the Software and the Platform

You agree to use the Service, the Software and the Platform only for purposes that are permitted by the Agreement and by any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You acknowledge and agree that you will not engage in any activity that interferes with or disrupts the Service, the Software and the Platform (or the servers and networks which are connected to the Service, the Software and the Platform).

Exclusion of warranties

Nothing in the EULA shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from gross negligence or wilful misconduct by us.

We do not make any representations or warranties, whether express, implied, statutory or otherwise with respect to the availability, fitness for purpose and operating condition of the Service, the Software and the Platform. The Service, the Software and the Platform are provided ‘as is’ and ‘as available’. We do not make any warranties and representations on quality, fitness for a particular purpose or non-infringement. We do not represent or warrant that the Service, the Software and the Platform is or will be free of errors and viruses, secure, safe, uninterrupted, available or that errors, bugs, or any faults whatsoever will be corrected.

You agree to and acknowledge that your use of the Service, the Software and the Platform is at your sole risk. In particular, we do not represent or warrant to you that your use of the Service, the Software and the Platform will meet your requirements or is satisfactory to you.

Any material that you obtain, view or download by using the Service, the Software and the Platform is at your own risk. You are solely responsible for and hereby waive all claims with respect to any damage to your software and hardware, computer, device, internet access, or loss or corruption of data that results or may result from the download of any such material.

Limitation of liability

You expressly understand and agree that we (including our current and future licensees, affiliates, employees, directors, officers, successors and third party partners), to the maximum extent permitted by applicable law, shall not be liable to you for any direct, indirect, consequential, incidental, exemplary, reliance, special or punitive damages, including, without any limitation, damages for loss, loss of profits, loss of goodwill, Service interruptions, Service unavailability, corruption or breaches of data or programs, and procurement of substitute services, even if we have been advised of the possibility of such damages, and whether or not such is the result (or alleged to be the result) of your use of the Service, the Software or the Platform.

Notwithstanding the foregoing, in the event that we are liable to you, our liability is always limited to the amount we are insured for by our insurance. We will provide you with our insurance policy upon request at info@ohelloapp.com. In the event our liability is not insured, our liability is limited to the amount paid, if any, by you to us for the Service while you have (had) an account.

Any claim or cause of action arising out of or related to use of the Service, the Software and the Platform or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

Miscellaneous

All notices by us to you may be sent using any reasonable means currently known or hereafter developed (including but not limited to email, regular mail, SMS, MMS, text message or postings in the Service).

The Agreement contains the entire agreement between you and us with regard to the Service, the Software and the Platform. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

No partnership, joint venture, agency, or employment relationship is created as a result of this Agreement.

You may not make any representations or bind us in any way.

This Agreement is exclusively governed by Dutch law. Any and all disputes arising out of or in connection with the Agreement shall be solely submitted to the court of Amsterdam, The Netherlands, unless mandatory applicable law provides otherwise.

About Qlickr and contact details

Qlickr B.V. is the Dutch private limited liability company, having its statutory seat in Amsterdam, The Netherlands and its office at De Ruijterkade 113, (1011 AB) Amsterdam, The Netherlands, registered at the Dutch Chamber of Commerce under no. 62839993.

Questions, requests and inquiries regarding this EULA must be directed at:

Qlickr B.V.

attn. Customer Service

1011 AB Amsterdam

The Netherlands

Or at:

info@ohelloapp.com