FriendWay’s Terms and Conditions of Use

The Summary

Hello. You should read these terms and conditions in full because they apply every time you visit FriendWay and use any of its features. However, just in case you ever need a reminder of the main points, here’s a quick summary:

1. If you are under the age of 18 then unfortunately you can’t use FriendWay yet because it’s a meeting place for adults only.
2. If you are concerned about how your data is being used by FriendWay then please refer to our Privacy Policy, which explains how we treat your personal data and protect your privacy when you use FriendWay. By using FriendWay, you acknowledge that we can use such data in accordance with our Privacy Policy. Our App also use cookies or similar technologies which we tell you more about on our Privacy Policy page. You may set your mobile settings to block cookies and local storage devices, but if you do so, you may not be able to access the features that FriendWay offers.

The full legal bit

FriendWay is an exceptional platform designed to help you forge new friendships with individuals in your vicinity. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use FriendWay in a manner consistent with its purpose and which is in accordance with these terms and conditions.

The Terms constitute a binding legal agreement between you as user (“you”) and the FriendWay Group (“we” or “us”).

The Terms apply whenever you visit FriendWay, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on FriendWay you are accepting and agreeing to be bound by the Terms.

IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE APP OR SITE.

1. Use of the app and site and rules relating to Content

Who can use FriendWay?

FriendWay is a meeting place for adults. You may only use FriendWay, including any of its features, or become a registered member if you are 18 years old or older (or the age of majority in the country in which you reside if that happens to be greater than 18).

You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using FriendWay you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.

You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.

What about other people’s personal data, can I use it?

You may only use other FriendWay users’ personal data to the extent that your use of it matches FriendWay’s purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. FriendWay reserves the right to terminate your account, or prevent access to its features if you misuse other users' information.

Anything else I need to know?

When you use FriendWay you agree to the Terms, and in return we grant you a limited, personal, non-exclusive and non-transferable licence to use FriendWay solely for your personal use. Apart from this licence, you have no other rights in the use app or features, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit App in any manner. If you breach any of the Terms, the above licence will terminate automatically.

We have developed search algorithms to find people near you. You can learn more about the main parameters we use in our Privacy Policy.

2. Ownership of Content

All text, graphics, user interfaces, trademarks, logos, sounds and artwork on FriendWay are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.

3. Paid for services

What can I buy on FriendWay?

FriendWay offers you the opportunity to pay for certain services offered on the site. FriendWay’s premium services include various opportunities to find and meet additional people, to customise your profile and to boost your profile so more people find you. All of these premium services can be purchased after you register, and you may subscribe to the premium services.

You can change your Auto Top-up at anytime in your payment settings on your profile page. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts.

Other payment terms adhere to the policies set by Google and Apple.

How do I renew my premium services with FriendWay?

Once you have requested a FriendWay premium service, you authorise FriendWay to charge your chosen payment method. If you want to cancel or change your payment method at any time, you can do via the payment settings option under your profile

Your subscription to FriendWay’s premium services will automatically renew until you decide to cancel, and if you have enabled the Auto Top-up feature, your account will automatically be topped up until you decide to disable this feature.

Can I transfer any of my paid for services to another FriendWay user?

If you elect to partake in any premium features or range of services designed to improve your FriendWay user experience, you agree to use these services for yourself and not to transfer (for free or as a sale) to or purchase, or sell such services from other FriendWay users. FriendWay reserves the right not to honour any paid for services where you have attempted to transfer those services to another use or you have attempted to buy those services from another user. FriendWay will only provide paid for services to you if you are the person to whom it was issued.

4. Access to the app and site

Do you guarantee that FriendWay will be up and running at all times?

Unfortunately we can’t guarantee that because sometimes we have to carry out maintenance to the app or it may be affected by a fault or circumstances which are outside our control, so FriendWay is provided on an “as is” “as available” basis. No warranty is given about the quality, accuracy, functionality, availability or performance of FriendWay and we reserve the right to suspend, withdraw, amend, modify or vary the service provided on FriendWay without notice and without incurring any liability to you.

What about mobile access?

You are responsible for making all the necessary arrangements to ensure you can access FriendWay (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing FriendWay through mobile services or any similar service currently known or developed in the future.

By accessing FriendWay or agreeing to receive messages or notifications from FriendWay through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.

5. Termination of use by you

What do I do if I want to “unregister” myself from FriendWay?

If you have registered on FriendWay, you can terminate your registration at any time by going to the ‘Menu’ on FriendWay when you are logged in and choosing the ‘Delete account’ link.

However, if your account was included in someone's Favorites, the links to your social media profiles that you provided will still be accessible.

For further details, please refer to our Privacy Policy.

6. Abuse/Complaints

Someone is not obeying the Terms, who do I tell?

We don’t control any of the things our users say or do. Though we set and enforce our Terms and take steps to try to prevent misbehaviour in the FriendWay community, we do not owe you a duty to protect you from any type of harm caused by other users. You are solely responsible for your interactions with other users of FiendWay.

You agree to, and hereby do, to the maximum extent permissible under applicable law, release FiendWay and its directors, employees, agents, representatives and successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of FiendWay.

Are other users vetted?

NO. YOU UNDERSTAND THAT IN THE ORDINARY COURSE OF FRIENDWAY’S OPERATIONS, FRIENDWAY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE REGULARLY INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. FRIENDWAY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. FRIENDWAY GROUP RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.

7. Privacy Policy

Do you have guidelines in place about what you can do with my personal data?

We process information in accordance with our Privacy Policy which is incorporated into these Terms and Conditions of Use. Please read the terms of our Privacy Policy prior to using FriendWay. By using FriendWay, you agree to such processing and you warrant that all data provided by you is true, correct and accurate.

8. Links

Are the links on the app or site anything to do with FriendWay?

FriendWay may contain links to other sites, resources and purchase opportunities provided by third parties. These links are provided to you for your information only. If you access these links you may be directed to third party sites. These third party sites will have their own terms of use and privacy policies, which may differ from the Terms. The display of links to third party sites does not constitute an endorsement by us of any of the third party content information, sites, or resources provided.

Please note that we have no control over the contents of any third party sites or resources, and we accept no responsibility for them, including (but not limited to) the third party site’s compliance with any applicable laws or regulations.

9. Disclaimer of warranties and limitation of liability

I forgot the rules about conduct on here and now someone is threatening to sue me. Will your lawyers sort it out?

No. If you act in a way that upsets other users then you have to be responsible for the consequences. We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of FriendWay.

My friend is a lawyer and says that you can’t exclude liability for everything...

Nothing in the Terms limits or excludes our liability for:

1. death or personal injury caused by our proven negligence;
2. fraud or fraudulent misrepresentation; or
3. any liability which cannot be limited or excluded by law.

To the fullest extent permitted by law, FriendWay expressly excludes:

1. all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
2. any liability incurred by you arising from use of FriendWay, its services or these Terms, including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if FriendWay has been advised of the possibility of such damages or losses, arising out of or in connection with the use of FriendWay. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorised access, theft, bodily injury, property damage, operator errors, strikes or other labour problems or any act of god. in connection with FriendWay including, without limitation, any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.

What about the reliability of FriendWay and the information contained on it?

FriendWay has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on FriendWay and provides that information on an "as is", "as available" basis. FriendWay does not give or make any warranty or representation of any kind about the information contained on FriendWay, whether express or implied. Use of FriendWay and the materials available on it is at your sole risk. FriendWay cannot be held responsible for any loss arising from the transmission, use of data. You are responsible for taking all necessary precautions to ensure that any material you may obtain from FriendWay is free of viruses or other harmful components. You accept that FriendWay will not be provided uninterrupted or error free, that defects may not be corrected or that FriendWay, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. FriendWay 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. In the unlikely event that any defect is discovered within FriendWay, we will use every effort to repair or fix the defect free of charge, without significant inconvenience to you, as soon as practicable.

10. Indemnity

I forgot the rules about conduct on here and now someone is threatening to sue YOU. What now?

If we are sued as a result of your use of FriendWay then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.

You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitors’ fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of FriendWay or your conduct, other than in accordance with the Terms or any applicable law or regulation (“Claim”). FriendWay retains the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.

11. Miscellaneous

We reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes.

If you do not accept any Change to the Terms, you should stop using FriendWay immediately. Your continued use of FriendWay following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.

If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

The Terms set out the entire agreement and understanding between us and you in relation to your use of FriendWay and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Effective date

The Terms were last updated on: 15th May 2024.