Terms of Use!


Introduction

(Terms of Use: www.speakandlunch.com, launch date on 15/07/2014)

These Terms of Use only apply to the entire contents of the present website under the domain: "www.speakandlunch.com"

Speakandlunch is a site accessible to speakandlunch.com members via Internet, cellular phones (WAP, I-mode® or mobile applications). membership is free and open to anyone over 18 years old.

We ask you to carefully read the Terms of Use below before participating with speakandlunch.com, as a speakandlunch (sp/unch) Member, in the development of a responsible and high quality site. In becoming a Member of speakandlunch, you undertake to comply with these Terms of Use. If you do not accept these Terms of Use, you should not register with speakandlunch. Registration for one or more services, as well as use of this site, implies full and complete acceptance of these Terms of Use by the Member. By checking the box containing the words "I certify that I am at least 18 years of age and that I have read the Speakandlunch Service Terms of Use", located at the bottom of the registration page, in order to confirm registration, the Member acknowledges that he/she is bound by all clauses of the Terms of Use.

Article 1. Definitions

The list of words below, which start with a capital letter, have been defined for the purposes of these Terms of Use as follows:
"Speak and lunch" refers to the service, the purpose of which is to facilitate a meeting between individuals for the purpose of practicing a foreign language. Speakandlunch.com is accessible from the Internet without payment.
"Service(s)" refers to the entirety of the Services accessible to Speakandlunch.com Members, whether paid or unpaid.
"Member(s)" refers to any or all valid registered users of the Speakandlunch Service.
"Terms of Use" refers to this contract.

Article 2. Access and registration for the Speakandlunch.com Services

2.1. Terms of access and registration

The equipment (computer, software, telecommunications systems, etc.) used to allow access to Services shall be the responsibility of the Member, as shall the telecommunications costs incurred by its use.
To be a Speakandlunch.com Member you must be at least 18 years of age and complete all compulsory fields appearing on the registration forms.
In order to become a Speakandlunch.com Member it is necessary: to register and subscribe to Services under the Terms of Use that are listed on the Speakandlunch.com website of the country where the Member resides.
When the conditions required for registration are met, each Member will have one identifier (username) and one password. The identifier and password are strictly private and confidential and must not be passed on or shared with any third parties.
If a Member disseminates or uses these elements in a manner deemed contrary to its original purpose, Speakandlunch.com will terminate the Speakandlunch.com Account. The Member shall be solely liable for the use of this identification information by third parties or for the actions or statements made through the Member's account, whether these be fraudulent or not. The Member holds Speakandlunch.com harmless against all claims of this kind. In addition, as Speakandlunch.com does not have the obligation or the technical means to check the identity of every person registered with its Services, Speakandlunch.com is not liable in the event a Member's identity is used by someone else. If the Member has reason to believe that a person is using his or her Member identification information or account, he or she must inform Speakandluinch.com immediately.

For security and quality purposes, Speakandlunch will deactivate the accounts of Members who have not used the Service for a period of 24 months or more.

Article 3. Use of Speackandlunch.com

Upon registration, and after acquiring the necessary Pass, the Member can take advantage of access to Services available on Speachandlunch.com. This can be accessed at any time via the Speachandlunch.com site during the presentation that the Member wishes to access.

3.1. Obligations of Speackandlunch.com

Speakandlunch.com will remotely and by electronic means supply an online meeting Service for language practice purposes via Internet. Speakandlunch.com's purpose is not to advise on or broker either marriage or long-term relationships. Speakandlunch.com's activity does not include organizing offline meetings other than the purpose of practicing a language during lunch, supplying access to the Internet network, or providing an electronic communication Service to the public. Consequently, Speakandlunch.com has no legal obligation to identify Members when they connect to the speakandlunch.com Internet site or to monitor content published by Members. Because Speakandlunch.com is technically incapable of providing such Services, Speakandlunch.com does not undertake contractually to identify Members or to moderate in respect of content which they publish under their own responsibility.
Speakandlunch.com cannot be held liable for false declarations made by a Member. Therefore, it is imperative that Members take certain precautions when arranging to meet up with another Member. Speakandluch.com assumes no responsibility for meetings between Members of Speakandlunch.com, on Speakandlunch.com or during meetings between Members and/or non-Members as a consequence of the use of the Speakandlunch.com site and Services. In addition, on a first lunch, it is recommended that you tell someone close to you and choose a public place (coffee place or restaurant).

3.2. Obligations of the Member

The provisions of this Article shall apply without prejudice to the Article "Termination".
When using the Services, the Member undertakes in particular to comply with contract law, the rights of third parties and these Terms of Use.

3.2.1. General Obligations

The Member has the following General Obligations:
- To act fairly in respect of Speackandlunch.com and other Members;
- To respect the intellectual property rights relating to content supplied by Speackandlunch.com and by other Members;
- To understand that he/she alone defines the boundaries of his/her privacy and that it is his/her responsibility only to communicate to Speakandlunch.com and to other Members such personal information the dissemination of which he/she considers cannot cause him/her any harm.

3.2.2. Essential Obligations

The Member has the following Essential Obligations:
- Not to use Speakandlunch.com for professional or commercial purposes (canvassing, soliciting or prostitution) or for any non-private purposes.
- Not to post, disseminate, or broadcast in any form whatsoever inaccurate or false information or content.
- Not to make comments, propagate or disseminate in any form whatsoever content that contravenes the rights of others or that is defamatory, injurious, obscene, offensive, violent or inciting to violence, political, racist or xenophobic and, in general, any content that is contrary to the purpose of Speakandlunch.com, current rules and laws in force or acceptable norms and standards. In particular, photographs, videos and any other information in terms of data or files supplied by a Member of Speakandluch.com must be decent and 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.
- Not to mention on the Speakandlunch.com website any personal information provided by a Speakandlunch.com Member (such as an email address, mailing address, telephone number, etc.) enabling a Member to contact another Member without using Speakandlunch.com.
- Not to post, disseminate, or broadcast in any form whatsoever information or content that has the effect of diminishing, disorganizing or preventing normal usage of the Services, or of interrupting and/or slowing down normal circulation of communications between Members through the Services, such information comprising, for example, software, worms, viruses, software bombs, mass mailing, etc. Speakandlunch.com reserves the right to delete messages sent in mass mailings by a Member in order to maintain the quality of use of the Services provided to its Members.
- Not to post, disseminate, or broadcast in any form whatsoever information or content that incorporates links to third-party websites that are illegal in character, contrary to what is generally acceptable and/or not in accordance with the principles of Speakandlunch.com.
- To use his/her password and/or ID only for his/her purpose of authentication for the Services. In this regard, the Member must not, without limitation, communicate, disseminate, share or make accessible, in any way, his/her passwords and/or IDs to any third party.
- To ensure that the personal data of his/her entourage is communicated legally and without risk of harm. The Member must thus obtain the prior consent of Members of said entourage to receive, on the Member's behalf, an email from Speakandlunch.com.
- To use the Services in accordance with the purpose set out in these Terms of Use.
Failure to comply with the Essential Obligations as set out above shall constitute a serious breach by the Member of his/her obligations. Without prejudice to the provisions of the Article "Termination", Speakandlunch.com shall, where the Member fails to comply with one or more of these Essential Obligations, be entitled to terminate the contract and will definitively delete the account of the Member concerned.

Article 4. Speackandlunch.com Payment terms

The use of Speakandlunch.com is absolutely free unless you would like to access as an advertiser or sponsor in which case a contract must be set upon demand.

Article 5. Personal privacy and protection of Member data

Some information, comments or content that the Member optionally provides may possibly, under the responsibility and on the initiative of the Member concerned, reveal the ethnic origin of the Member, his/her nationality, religion and/or sexual orientation. By providing such information, all optional, the Member concerned manifests his/her intention and, consequently, expressly consents to, and takes sole responsibility for, the processing of this "sensitive" data by Speakandlunch.com, comprising of any and all companies within which the Speakandlunch.com company holds a participation, as well as their service providers located within and outside of Switzerland and freely takes the exclusive responsibility thereof.
Each Member can access or request access to information concerning him/her in order to have it modified, deleted or to forbid any use by Speakandlunch.com of it. Members can submit such requests for access by mailing requests to the following address: Speakandlunch.com, 29 rue Sautter - 1205 Genève - Switzerland or by filling out the contact forms, and each Member shall carefully identify the sender's personal information.

5.1. When and why do we gather information about you?

The Member is asked to supply information about himself/herself when he/she registers with the Service. Certain items of information are mandatory in order to gain access to Services.

5.2. What sort of information do we gather?

Personal information gathered by Speakandlunch.com can include your name, mailing and/or email address, fixed line and/or cellular telephone numbers, bank information, information about your physical appearance, photographs, voice recording, video, personal values, religion, interests, and your use of the Service.
Furthermore, certain non-personal information are also gathered, such as the version of the Member's and any other visitor's web browser (Firefox, Chrome, Safari, Netscape, Internet Explorer, etc.), the operating system (Windows OS, Mac Os, etc.) and the IP address of the computer from which they are visiting.
Finally, the Speakandlunch.com may be using cookies, designed to store information used to identify the Member while he/she is browsing on the Speakandlunch.com website, in order to allow the Member to continue browsing without having to re-enter this information for each new page. The Member always has the option of preventing the use of cookies by modifying the options of his/her web browser. Additional information may be found in our dedicated Cookie Policy.

5.3. Who has access to your information?

The information gathered about you when you register with Speakandlunch.com and subscribe to our Service is used to offer you our different Services. All precautions have been taken on our databases to archive your information in a secure environment. Only a small number of our employees have access to your information, which is only accessible in case of necessity. The personal information you provide at the time of registration which does not comprise your personal ad and your profile will not be accessible by third parties, nor passed on, sold or exchanged, except in the cases named below and subject to your prior information and agreement, or in assumption of your non opposition hereto. Processing implemented by other entities of the Speakandlunch.com are subject to their specific privacy policies.
We may send you promotional offers from some of our partners, subject to your explicit and informed consent given during registration, unless you choose not to be contacted during your registration or unless you change your mind at any moment thereafter. If you do not wish to receive any special offers from Speakandlunch.com or our partner companies, let us know when you subscribe, or alternatively contact us by mail.
Speakandlunch.com may occasionally share general socio-demographic information that does not include names with selected partners to allow them to target their announcements (by age category, gender, etc.). In this case, we will not send these partners any information that would allow them to identify you.
The information contained in your personal ad, your search criteria and your profile can be accessed on the Speakandlunch.com, on the web, by email (newsletters). In addition, these information may be broadcasted directly by Speakandlunch.com or via our partners to persons interested in the Speakandlunch.com services, through newsletters or third-party websites, or by all other electronic (email, text messaging, etc.) or audiovisual (radio, television, etc.) communication tools, or by written press (newspapers, magazines, etc.), in order to increase your chances of meeting a lunch (sp/unch) buddy by promoting your person ads, search criteria and profile.
Consequently, the Member explicitly authorizes the Speakandlunch.com to reproduce and broadcast the information contained in his/her personal ad, search criteria or profile (personal information, description) on all or part of the Speakandlunch.com Services (on the Speakandlunch.com website, on the Web, by email) and/or in a general manner, on all distribution media, in particular audiovisual communication (press, radio, analogue television, digital television, cable or satellite) or electronic communication (email, Internet), throughout the entire world and for the length of time established in these Terms of Use between the Member and Speakandlunch.com. Furthermore, the Member explicitly authorizes the Speakandlunch.com to transfer the benefits of the above mentioned rights to the service providers, partners and eventual successors of the relevant Speakandlunch.com entity.
If you no longer wish for the Speakandlunch.com or its partners to reproduce or broadcast the information comprised in your personal ad, your search criteria, or your profile, you can terminate your Speakandlunch.com account following the conditions detailed in the Article "Termination". Since this information is comprised of your personal ad, your search criteria and your profile, the termination will only take effect upon the next update or version of these communications (printed, press, audiovisual, or electronic) containing your personal ad, your search criteria and your profile information.

Article 6. Intellectual property

6.1 Content broadcast by Speackandlunch.com
The trademarks, logos, graphics, photographs, animations, videos and texts featuring on the Speakandlunch.com site are the intellectual property of Speakandlunch.com or its partners and may not be reproduced, used or represented without the express permission of Speakandlunch.com or its partners, under threat of legal action.
The rights of use accorded by Speakandlunch.com to the Member are strictly limited to accessing, downloading, printing and reproduction on all media (hard disk, floppy disk, CD-ROM, etc.) and to use of these documents for private and personal purposes in the scope of and for the duration for of the Member's membership with Speakandlunch.com. Any other use by the Member is prohibited without the authorization of Speakandlunch.com.
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, the Speakandlunch.com site pages or software codes for elements comprising the Speakandlunch.com site.

6.2 Content provided by Members

The Member grants Speakandlunch.com a licence to use the intellectual property rights attached to the content provided by the Member for the purpose of broadcasting on the Speakandlunch.com Site.
This licence in particular incorporates the right for Speakandlunch.com to reproduce, represent, adapt, translate, scan, use for publicity purposes, commercial or non-commercial, sub-licence or assign the content concerning the Member (information, descriptions, search criteria, etc.) on all or part of the Speakandlunch.com Services (on the site, by email, by Audiotel) and/or in mailings sent by Speakandlunch.com and, in a general manner, on all distribution media, in particular electronic (email, text messaging, MMS, WAP, Internet, CD-Rom or DVD-Rom).
The Member expressly authorizes Speakandlunch.com to modify this content in order to conform to the look and feel of the Speakandlunch.com Services and/or other communications media above, and/or to make this content compatible with its technical processes or appropriate media formats. These rights are worldwide and exist for the entirety of the agreement set out in these terms and conditions between the member and Speakandlunch.com. The Member is prohibited from copying, reproducing or otherwise using for any purpose the content relating to other Members, except for the explicit requirements for usage of the Services for the Member's own strictly personal and private use.

Article 7. Liabilities and warranties

7.1 Functioning of the Speackandlunch.com and Services
To use the Services, the Member must have the necessary hardware equipment and software and the necessary parameters required to properly use Speakadlunch.com: Navigator Internet Explorer 7 or equivalent, Javascript functions enabled, cookies enabled, and pop-ups enabled.
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.
Speakandlunch.com does not guarantee that the Services will function if the Member activates a popup killer tool. In this case, the function should be deactivated before using the Service.
Speackandlunch.com does not guarantee that the Service will be usable if the Member's Internet Service provider is unable to provide its Service properly. In this context, Speakandlunch.com cannot be held responsible for the non-functioning, non-availability or adverse conditions of usage of the Speakandlunch.com site resulting from incorrect hardware, problems experienced by the Member's Internet Service Provider or blockages on the Internet networks or for all other reasons outside the sphere of influence of Speakandlunch.com. Moreover, due amongst other things to the specifics of their Internet browser, Members who are AOL users may encounter problems making Speakandlunch.com function properly.
Under these conditions, Speakandlunch.com does not guarantee that the Service shall function without interruption or error. In particular, the use of this Site 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, Speakandlunch.com shall inform its Members prior to maintenance work or updates.

7.2 Information and content supplied by the Members

The information supplied by a Member of Speakandlunch.com 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. It is the Member who takes the initiative to divulge and disseminate via Speakandlunch.com personal information, data, text, content and images. Consequently, he/she waives all recourse against Speakandlunch.com, 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, in particular by Article 5 "Personal Privacy and Protection of Member Data," since the Member has given his/her prior, free and express consent to such revelation through his/her registering with the Service and in application of these Terms of Use.
Speakandlunch.com cannot be held liable for (and the consequences of) the accuracy or inaccuracy of the information and content provided by other Members, site visitors and/or the Member himself/herself. Correspondingly, Speakandlunch cannot be held responsible for content distributed by a Member that might contravene the rights of one or more other Members or third parties.
The quality demanded of the Speakandlunch.com Service by both Speakandlunch.com and its Members necessitates compliance with certain ethical standards in Members' expression and behaviour, respect of third parties' rights, and compliance with applicable laws and regulations. In the scope of this requirement for quality, individual responsibility and ethics, Speakandlunch.com allows Members to notify Speakandlunch.com, on the Speakandlunch.com website, of the data, behaviour, or words of a Member which seem to them to infringe applicable laws or regulations, the image or the purpose of the Speakandlunch.com Service, the rights of any third party, or general good standards.
Consequently, Members acknowledge and accept that the data they provide, as well as their behaviour and words on the Service, may be notified by other Members, moderated and/or monitored by Speakandlunch.com, on the basis of objective assessment criteria. Where such notification or monitoring reveals a breach by a Member of any applicable laws or regulations or of his/her contractual obligations, the provisions of these Terms of Use, in particular the Article "Termination", may be applied. Furthermore, Speakandlunch.com may (at its sole discretion) prevent a Member from re-registering in the event of a breach of one or more of these Essential Obligations.
In the event that any damages are brought against Speakandlunch.com due to any actions by the Member that are against the law or against these General Terms of Use, the Member shall assume all responsibility.

7.3 Links

Speakandlunch.com can supply or third parties may include hypertext links to other websites other than the Speakandlunch.com site and to Internet sources. As Speakandlunch.com is unable to supervise these external sites and sources, it cannot be held responsible for the availability of these external sites and sources, and cannot be responsible for their content, advertising, products, Services or any other element made available on or from any of these external sites or sources. Any difficulty relating to a hypertext link must be submitted to the administrator or webmaster of the site to which it pertains. It should, furthermore, be noted that the consultation and/or utilization of these external websites and sources are governed by their own Terms of Use.
Finally, if during the scope of a search performed on the Speakandlunch.com site where the result of this search would point the Member to access sites, pages or forums of which the content and/or purpose constitutes a violation of the French law, the Member is required to cease consultation of the site concerned in order to avoid being held responsible for such violation.

7.4 Limitation of responsibility

Speakandlunch.com can be held responsible by a Member only where certain and definitive proof is adduced before the courts demonstrating a wrongful act committed by Speakandlunch.com having caused that Member damage.
In this regard, Speakandlunch.com shall in no circumstances be liable for direct or indirect damage to the Member where the Member's behaviour contributed to the occurrence of the damage he/she claims to have suffered. By way of illustration, Speakandlunch.com shall not be liable for direct or indirect damage suffered by the Member in the event of non-performance or incorrect performance of these Terms of Use by the Member.

Article 8. Termination

A Member may at any time and without the need to provide any reason end his/her registration with Speakandlunch.com by requesting the closure of his/her account in the area of the Speakandlunch.com website designated for such purposes. Such request shall be deemed effective from the second working day after receipt by Speakandlunch.com of the request for closure of the account concerned.
Without prejudice to the other provisions hereof, where the Member commits a serious breach, Speakandlunch.com 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, Speakandlunch.com 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 these Terms of Use.
Such termination shall take effect without prejudice to any damages that Speakandlunch.com 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.

Article 9. Agreement between the Member and Speakandlunch.com

These Terms of Use, and the pages on the Speakandlunch.com site to which these terms refer, constitute a contract that governs the relationship between the Member and Speakandlunch.com (Switzerland). They cancel and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of Speakandlunch.com and of the Member.
If any of the provisions of these Terms of Use 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 of Use, 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 10. Amendments by Speakandlunch.com to the Terms of Use

Speakandlunch.com may modify these Terms of Use at any time. The Member will be informed of the nature of these modifications as soon as they are posted on the Speakandlunch.com site. The modifications shall take effect one month after their posting on the Site. 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 11. Jurisdiction and applicable law

These Terms of Use shall be governed, construed and applied in accordance with Swiss law,the language of interpretation being French.
In the event of dispute as to the meaning of a term or provision of these Terms of Us, the Member may contact Speakandlunch.com by completing the contact form and each Member shall carefully identify the sender's personal information.

Article 12. About Us

Speakandlunch.com is a turtleconcept website registered in Switzerland.

For any questions you may wish to ask, contact Speackandlunch.com by completing the contact form.
For further information please send us an email to info@speakandlunch.com.
We read all our emails.
Thank you.