These Terms and Conditions apply to the entire contents of the present website.
If you are a The Omyx Club member please note the legal entity you are entering into a contract with is:
Omyx Ltd., a private limited company incorporated in England and Wales with registered company number 10170718 whose postal address is The Old Rectory, Childrey, Oxfordshire, United Kingdom, OX12 9UP and whose registered office is at The Old Rectory, Childrey, Oxfordshire, United Kingdom, OX12 9UP.
These Terms and Conditions are binding documents which govern your use of our services and our provision of these services to you. You are advised to read these terms and conditions carefully; this will help ensure that they contain everything you require and that there is nothing within them that you are not prepared to agree to. If they contain anything that you are not willing to agree with then your only course of redress is not to use any of the services offered by any of our brands.
Article 1. Definitions and InterpretationsThe following terms shall have the following meanings in these Terms and Conditions:
"Agreement" refers to a Member's acceptance of these Terms and Conditions.
"Service(s)" refers to the entirety of the services available to our Members via any of our sites, whether paid or unpaid.
"Member(s)" refers to any or all valid registered users of our Service, whether or not they access Paid Services.
"Member Content" refers to the information contained in the Member's profile, created by the Member and displayed on any of our site(s) from time to time.
"Site(s)" refers to TheOmyx.com.
The terms "us", "we" and "our" refer to all brands owned and operated by Omyx Ltd. for the purposes of this Agreement.
Article 2. Application and RegistrationTo both apply for and become a Member of any of our sites you must be at least eighteen (18) years old.
You must complete all of the fields on the registration form(s).
All detailed submitted on the reigstration form(s) must be completed accurately and honestly, to the best of your knowledge.
You should not have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment. You are advised that a breach of this clause constitutes a serious breach of this Agreement.
Should you wish to register someone other than yourself for our Services you must have obtained the prior consent of this third party in order for us to process their data and provide the Service to them either directly or via yourself.
Article 3. Membership Invitation and ApprovalAs we operate on an entirely "pre-approved" membership format there is no guarantee of membership nor access. Should your application be denied we reserve the right to re-consider it at a later date.
We reserve the right to reject any applicant we wish to without further disclosure of details.
While some marketing communications speak of "invitations" to join us this should not be considered a guarantee of application or membership approval. Every individual is still required to apply and may still be rejected.
Article 4. Use of the ServicesPassword(s) and any other information used to identify a Member are strictly private and confidential and must not be passed on or shared with any third parties.
To access the Services you will need a computer, laptop and/or smart mobile phone. It is your responsibility to ensure that you have (and continue to have) access to one of these devices including the cost of using these devices.
We may deactivate accounts of Members who have not used the Services for six months or more.
Article 5. Your Safety and SecurityIt is important that you understand that we cannot advise on or broker marriage or long-term relationships. The onus still remains on you to decide who is right for you; we just provide the options.
Furthermore, we do not have a contractual obligation, moral or ethical responsibility or the technical means to:
verify the identity of persons who register as Members or use our Services
verify or monitor Member Content (although we do reserve the right to monitor Member Content if we consider it appropriate to do so)
As a Member you are advised not to assume that any Member Content is accurate. A person may not be who he or she claims to be. You should at all times exercise the same caution you would normally when you meet people. We cannot be liable for false or misleading statements by Members.
As a Member you at all times remain solely responsible (and liable) for the use of your identification information by third parties or for the actions or statements made through your Member's account, whether these be fraudulent or not.
When arranging to meet another person through use of the Services, you must take appropriate precautions and follow the safety guidelines in our Online Dating advice section. Any such meetings are at your own risk and are not our responsibility.
You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind. For the avoidance of all doubt; we shall not be liable if your identity is used by someone else.
If you feel or suspect that there has been a breach (of any kind) of your account and/or the information displayed on your profile then you must immediately notify us. Furthermore, you should also amend your password.
Article 6. Member ObligationAs a Member you agree not to:
breach any applicable law, regulation or code of conduct through use of the Services
send any aggressive or threatening messages to any other Member either via the site or via any other form of communication
be aggressive, threatening or harmful in any way towards other Members when meeting in person
broadcast or publish in any form whatsoever Member Content, comments or any other content that infringes the rights of others or that is defamatory, injurious, obscene, offensive, violent or can/does incite violence, or is in any way, shape or form racist or xenophobic
make any comment (whether in writing or verbally) that is contrary to the purpose of any of our sites' current rules and laws in force or to acceptable norms and standards
upload photographs, videos or any other information in terms of data or files supplied by a Member that are indecent
upload photographs, videos or any other information in terms of data or files supplied that do not refer exclusively to the Member or to a third party from whom the Member has expressly obtained consent and are the sole responsibility of the Member concerned
provide email addresses to us of other persons or publish or send any Member Content referring to other persons without having obtained their prior consent
reveal through the Services any information that enables the Member to be personally identified or contacted by means other than through the Services, including last name, postal address, email address or telephone number
use the Services for junk mail, spam, or pyramid or similar or fraudulent schemes
Article 7. Member ContentFor the avoidance of all doubt it is your responsibility to decide which information to publish or send as Member Content. Omyx Ltd. cannot be held liable for any misuse thereof by any other Member or third party.
The information supplied by a Member must be accurate and conform to reality. The consequences of disclosing information on the life of the Member or of other Members are the sole responsibility of the Member concerned.
Consequently, he/she waives all recourse against Omyx Ltd. , notably on the basis of any possible damage to the Member's right to his/her image, the Member's honour and reputation, or the Member's privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by this Agreement since the Member has given his/her prior, free and express consent to such revelation through his/her Registration with the Service and in application of this Agreement.
We reserve the right not to accept or to suspend or remove from our Services all or part of any profile, personal ad or any other Member Content for any reason we deem fit. We also reserve the right to terminate any Member account for any reason we deem fit.
We are not liable for Member Content or other activities of Members which may breach the rights of other Members or third parties.
Members are urged to notify us of inappropriate Member Content. You acknowledge that such notification may take place and that we may take steps outlined in this Agreement in respect of such information which comes to our attention.
We reserve the right to irretrievably delete messages and other Member Content after any period of time if we exercise any right of termination under this Agreement.
Article 8. Payment TermsSome parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Omyx Ltd. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Omyx Ltd. customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Omyx Ltd. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Omyx Ltd. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Omyx Ltd. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Free TrialOmyx Ltd. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Omyx Ltd. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Omyx Ltd. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee ChangesOmyx Ltd., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Omyx Ltd. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
RefundsCertain refund requests for Subscriptions may be considered by Omyx Ltd. on a case-by-case basis and granted in sole discretion of Omyx Ltd.
Article 9. TerminationA Member may at any time and without the need to provide any reason end his/her Registration with us by requesting the closure of his/her account in the area of the website designated for such purposes. Such request shall be deemed effective from the first working day after receipt by us of the request for closure of the account concerned.
Without prejudice to the other provisions hereof, where the Member commits a serious breach of this Agreement, we will terminate the Member's account without prior notification or warning. Such termination shall have the same effects as a termination by the Member.
Without prejudice to the other provisions hereof, where the Member commits a breach of this Agreement, we will terminate the Member's account seven (7) days after having sent to the Member an email requesting unsuccessfully that he or she comply with this Agreement.
Without prejudice to the other provisions hereof, where we receive reports of a breach of this Agreement, including unacceptable conduct when meeting offline, in person, we may react to such reports and terminate a Member's account with immediate effect.
Such termination shall take effect without prejudice to any damages that we might claim from the Member or his/her beneficiaries and legal representatives, in compensation of the harm suffered as a result of such breaches.
The Member will be informed by email of the termination, or the confirmation of the termination, of his/her account. Data relating to the Member will be destroyed at his/her request or upon expiration of the legal time period following the termination of the Member's account.
As noted in herein, Members can also subscribe to smartphone applications. Smartphone applications can be provided by other service providers and therefore may be subject to other termination requirements and provisions. Members are urged to consult their smartphone application for full details.
Article 11. Intellectual PropertyThe trademarks (including but not limited to those of the Sites), logos, graphics, photographs, animations, videos and texts featured on the Sites and in our provision of the Services are the intellectual property of Omyx Ltd. or its partners and may not be reproduced, used or represented without the express permission of Omyx Ltd. or its partners, under threat of legal action.
The rights of use granted by ourselves to the Member are strictly limited to accessing, downloading, printing and reproduction on all media (hard disk, floppy disk, CD-ROM, etc.) and the use of these documents for private and personal purposes in the scope of, and for the duration of, the Member's membership. Any other use by the Member is prohibited without the express authorisation of Omyx Ltd..
In particular, the Member is prohibited from modifying, copying, reproducing, disseminating, transmitting, exploiting for commercial gain and/or distributing in any form whatsoever, the Services, or elements comprising any part of the Services, from any of the Sites' webpages, software or code.
Article 12. Liabilities and WarrantiesThis section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to us. Nothing in this Agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited (including that which may not be excluded or limited pursuant to the Data Protection Act 1998).
You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.
We shall not be liable for any damage to a Member caused or contributed to by that Member, for example by not complying with this Agreement.
Our liability of any kind (including our own negligence) with respect to the Services for any one event or series of related events is limited to five times the total fees payable by you in the twelve months before the event(s) complained of or the sum of £1,000, whichever is higher.
Subject to the foregoing, in no event (including our own negligence) will we be liable for any:
economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings)
loss of goodwill or reputation
special, indirect or consequential losses
damage to or loss of data (even if we have been advised of the possibility of such losses)
Article 13. IndemnityYou agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this Agreement and/or to your use of the Services.
The Member must have the skills, hardware and software required to use the Internet or, as appropriate, Internet, telephone and Audiotel Services, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.
We do not guarantee that the Services will function if the Member activates a pop-up killing tool. In this case, the function should be deactivated before using the Service.
We do not guarantee that the Services will be usable if the Member's Internet Service Provider ("ISP") is unable to provide its services properly. In this context, we cannot be held responsible for the non-functioning, unavailability or adverse conditions of usage of the website resulting from incorrect hardware, problems experienced by the Member's ISP or blockages on the Internet networks or for all other reasons outside our sphere of influence. Moreover, due amongst other things to the specifics of their Internet browser, Members connecting through AOL may encounter problems making our sites function properly. Furthermore, smartphone applications are only available to our Members in possession of the smartphone handset and Internet access is required.
Under these conditions, we do not guarantee that the Services shall function without interruption or error. In particular, the use of our website may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, we shall inform Members prior to maintenance work or updates.
Apple users should use Mozilla Firefox or Google Chrome - we do not guarantee optimal functioning of the website when using Safari or Opera browsers.
Depending on your network configuration (if protected behind a firewall or proxy), connection to our Messenger service may not be possible.
Article 15. Third party websitesWe or third parties may provide links on our Site to third party websites. You use them at your own risk. We do not review, recommend or endorse such third party websites, nor are we responsible for their content or any goods or services offered thereon. If in the course of performing a search on our Site you encounter any third party website the use of which would violate applicable law, you must immediately refrain from and/or cease use of such website.
Article 16. Entire AgreementThis Agreement and the pages on the Site to which these terms refer, constitute a contract that governs the relationship between the Member and Omyx Ltd.. They cancel and replace any Agreement that may have been made in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of our Members.
If any of the provisions of these Terms and Conditions is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect. Furthermore, failure by a party to take action in respect of the breach by the other party of any provisions of these Terms and Conditions, shall not be interpreted as constituting a waiver by said first party of the right to take action in future in respect of such a breach.
Article 17. AmendmentsWe may modify these Terms and Conditions at any time. The Member will be informed of the nature of these modifications as soon as they are posted on the website. The modifications shall take effect one month after their posting on the website. For Members registered after any modifications have been put online, these modifications shall be immediately applicable, as the Member will have expressly accepted them when the account was opened.
Article 18. Changes to TermsWe reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Article 19. Jurisdiction and Applicable LawThis Agreement shall be governed by the law of England and Wales.
For any questions you wish to ask, you may contact us by completing the contact form.