Terms of Use
Last Updated October 29, 2021
1. Introduction
2. Welcome! This Terms of Use (“Terms of Use”) governs the website https://thefaithcircle.com (including mobile, web and desktop applications) (the “Site”), your use of interactive features, platforms, plug-ins, applications, content, downloads and/or other online services that we own and control and that post a link to this Privacy Policy (collectively with the Site, the “Service”), which are made available by The FaithCircle Ltd, its subsidiaries and affiliates (FaithCircle, “we” “our” or “us”).
3. We are proud to provide online services for Christians to connect and meet locally and globally.
4. These Terms & Conditions and Privacy Policy combined, form a legally bound Agreement between you and us (“Agreement”).
5. If you do not agree to the Terms of Use, please do not provide us with any Personal Information and do not use this Service.
6. The Agreement, as it may be amended from time to time, applies to all users of any our Services.
7. If you become a Member of FaithCircle and use our Services, you agree to allowing your profile to be shared with other users who are looking to connect with others.
8. You are reminded to abide by all applicable laws. You also undertake not to use our Services for unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, hateful, or racially or ethnically offensive purposes (or for purposes which are otherwise objectionable).
9. If you violate these Terms & Conditions, we may terminate your access to our Services.
2. Definitions
1. In these Terms & Condition, we refer to:
2. "App": As mobile Apps, Web Apps and Desktop Apps both individually and collectively.
3. "Members": As any person whose Membership has been accepted by the Company and whose Membership remains valid for the time being. The term ‘Member’ includes free Members and paying Members, as the context requires.
4. "Membership": As your entitlement to one or more Services by virtue of being a Member. Such entitlement may vary depending on whether the Membership is a paid Membership or a free Membership (and the relevant Company product for which you have a Membership).
5. "Mobile Apps": As iOS application and the Android application or any other mobile/tablet device software applications published by the Company and which may be offered from time to time.
6. "Services": As any and all of the services provided by the Company by any means (including, but not limited to, the Websites, the Apps, or any other technology).
7. "Privacy Policy": As the privacy policy available here, which combined with the Terms & Conditions represent the Agreement between you and the Company.
8. "User": As any Member and/or Visitor.
9. "Partner": As any Partner or Organisation.
10. "Visitor": Any person that checks out our Services.
3. Account & Security
1. To use our Services, you need to create an account.
2. You must use unique login credentials and keep your login details confidential, as these are your responsibility.
3. To prevent spammers and keep our Services safe, we ask for verification during signup. This is only optional, however when we feel the need to do so, we may ask you to take a selfie to verify who you are.
4. The Company cannot be held liable for actions of any nature committed by any User, including any such actions or events which are organised by the Company or by others using the Services.
5. You may not use our Services if:
A. Your account has been previously removed or banned from using our Services
B. You have ever been convicted of a violent or sexually related criminal offence.
6. We do not conduct criminal background screenings of our Users, nor are we able to personally identify each User. The Company cannot be held liable for false declarations made by a Member. We recommend taking precautions as your chat and meet with other Members.
4. Condition of Admission
1. You must agree to these Terms & Conditions in order to use our Services. They govern your use of our Services.
2. If you do not accept the Privacy Policy and these Terms & Conditions, you are not entitled to access our Services.
3. If you:
Use any of our Services;
Join or signup;
Use an Invite Link to participate in a Live Stream;
4. The Company reserves the right to offer admission to its Services in its full discretion.
5. Code of Conduct
1. Each User undertakes to comply strictly with all applicable laws and regulations, as well as with these Terms & Conditions;
2. Each User irrevocably undertakes to refrain from:
Discrimination on the basis of a User’s real or supposed: age, race, color, ethnicity, national origin, sexual orientation, religion, gender identity, family situation, pregnancy, physical appearance, surname, state of health, disability, genetic characteristics, personal beliefs, political opinions or union activities;
Engaging in any illegal activity whatsoever using our Services;
Posting any content or making any statement in any form which:
A. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
B. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
C. is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
D. is defamatory, obscene, pornographic, vulgar or offensive;
E. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
F. is violent or threatening or promotes violence or actions that are threatening to any other person;
G. promotes illegal or harmful activities or substances;
H. contains a link to any of content associated with the above prohibitions; and
I. is otherwise contrary to applicable laws and regulations; and
3. Disseminating any personal information of any other User, including any contact details or similar, without that User’s consent.
4. We conduct regular inspections of the use of our Services, including for safety and fraud protection purposes. We reserve the right to remove all or part of any content created, used or circulated publically or privately by Users which is not compliant with applicable laws or regulations, or which violates these Terms & Conditions.
5. We may exclude or remove any User from its Services in our sole discretion for any reason, including, but not limited to, any non-compliance with applicable laws or regulations or these Terms & Conditions. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases.
6. Condition of Access
1. You shall use a unique email when joining our Services.
2. When you signup, you will become a Member and will be able to share contents on using our Services.
3. Your login credentials shall be personal and confidential. Each Member shall keep them confidential and undertakes not to notify or disclose them to third parties or other Members to prevent fraud or phishing.
4. Any breach of these provisions may lead to the cancellation of a Member’s Membership, without prejudice to the liability incurred by the relevant Member due to the use of the username and/or password by another Member or third party.
5. We reserve the right to remove user accounts without prior notice should we believe they haven't adhered to our Terms and Condition.
6. We reserve the right to remove user accounts if we notice they haven't been using our Services for at least 24 months.
7. Paid Features
1. You may purchase a paid Membership for one or more of the products offered by the Company.
2. Your paid Membership will only give you access to the particular Company product or additional features for which you have registered.
3. The price and payment procedures are permanently accessible on the Mobile apps.
4. All prices stated include all relevant local taxes.
5. We reserve the right to change the cost of any of our Services. If you are not happy with the cost of any Services, you may cancel your Membership in accordance with these Terms & Conditions.
6. To the extent permitted by applicable laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service failures). There will be no refund of any payment made by you for a paid Membership if you haven’t cancelled your contract according to these Terms & Conditions.
7. We may, from time to time, offer paid features (such as subscriptions, micropayments, etc.) through other service providers, such as the Apple app store or the Android market (each, an “App Store”).
8. Such paid features may be subject to other payment conditions and other conditions than those in these Terms & Conditions. The relevant App Store may require you to agree with its own terms & conditions. Any such applicable terms will be brought to your attention prior to purchase. You agree to comply with, and your license to use our Services is conditional upon your compliance with, all relevant terms and conditions of the applicable App Store
9. AUTOMATIC RENEWAL
10. We automatically renew all paid Memberships before the expiry of the term of the paid Membership (where permitted by applicable law) as per the Google Play Store and Apple App Store policies. When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires it will automatically renew for the duration and at the cost indicated to you at your initial purchase. IF YOU DO NOT WANT YOUR PAID MEMBERSHIP TO AUTOMATICALLY RENEW, YOU MUST CANCEL YOUR PAID MEMBERSHIP IN ACCORDANCE WITH THE PROCESS SET OUT BELOW IN THESE TERMS & CONDITIONS.
11. CANCELLATION AND WITHDRAWAL
12. Cancellation must take place according to the relevant Cancellation methods employed by the Google Play and Apple App Stores.
13. CANCELLATION OF YOUR MEMBERSHIP BY THE COMPANY
14. If we cancel a Member’s Membership for that Member’s breach of these Terms & Conditions, the Member shall not be entitled to a refund for the period remaining to elapse until the expiry of the account, without prejudice to any damages sought by us as compensation for the loss suffered.
15. If we cancel a Member’s Membership in our sole discretion for reasons other than that Member’s breach of these Terms & Conditions, the Member shall be entitled to a refund for the period remaining to elapse until the expiry of the account.
16. TECHNOLOGY REQUIREMENTS
17. We may require that you download and install updates to the Apps from time to time. You acknowledge and agree that we may update the Apps with or without notifying you and add or remove features or functions to the Apps (and/or the Apps, the Websites and/or the Services) at any time in our sole discretion.
18. TERMS & CONDITIONS – UPDATES AND AMENDMENTS
19. The Company may update and amend these Terms & Conditions at any time and the Company will make the updated Terms & Conditions available through the Services. You understand and agree that you will be deemed to have accepted the updated Terms & Conditions if you use the Services after the updated Terms & Conditions are made available to you. If at any point you do not agree to any part of the Terms & Conditions in operation, you should immediately stop using the Services.
20. PROVISION OF THE SERVICE
21. You acknowledge and agree that the Company may make changes to, or stop providing, the Apps, the Websites and/or the Services, or restrict your use of the Apps, the Websites and/or the Services, at any time without notifying you in advance.
22. You are solely responsible for all data, SMS, mobile carrier, Internet and telecommunications fees and charges incurred in connection with your use of the Apps, the Websites and/or the Services.
23. You acknowledge and agree that the Company can disable or deny you access to the Apps, the Websites and/or the Services, without notifying you in advance, for any reason or no reason including, without limitation, for any violation of these Terms & Conditions and/or if the Company suspects that you have used any aspect of the Services to conduct any fraudulent or illegal activity. If the Company disables your access to your account, you may be prevented from accessing the Services, your account details or any materials contained in your account.
24. LICENSE, RESTRICTIONS AND CONDITIONS OF USE
25. You agree not to access, or attempt to access, the Services by any means other than through the Websites or the Apps. You specifically agree not to access, or attempt to access, the Services through any automated means (including, without limitation, through the use of scripts, bots, unauthorized third party apps, spiders or web crawlers).
26. You agree that you will not, in connection with your use of the Apps, the Websites and/or the Services, violate any applicable law, ordinance, rule, regulation or treaty.
27. You shall not connect to or use the Apps, the Websites and/or the Services in any way that is not expressly permitted by these Terms & Conditions.
28. You may not:
1. remove any proprietary notices from the Services or any copy of software provided to you by the Company (“Software”);
2. sell, assign, rent, lease, act as a service bureau, or grant rights in the Apps, the Services or any Software, including, without limitation, through sublicense, to any other person or entity without the prior written consent of the Company; or
3. make any false, misleading or deceptive statement or representation regarding the Company and/or the Apps, the Websites or the Services.
29. Without limiting the foregoing, YOU AGREE THAT YOU WILL NOT:
1. engage in any activity that:
a. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
b. is defamatory, obscene, pornographic, vulgar or offensive;
c. is violent or threatening or promotes violence or actions that are threatening to any other person;
d. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
e. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
f. is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive;
g. constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or
g. is otherwise contrary to applicable laws and regulations;
2. disseminate any personal information of any other User, including any contact details or similar, without that User’s consent;
3. institute, assist, or become involved in any type of attack, including, without limitation, denial of service attacks, upon the Apps, the Websites and/or the Services (or any servers, systems or networks connected to the Apps, the Websites and/or the Services);
4. attempt to obstruct, disrupt or interfere with the operation of the Apps, the Websites and/or the Services or any other person’s or entity’s use of the Apps, the Websites and/or the Services (or any servers, systems or networks connected to the Apps, the Websites and/or the Services);
5. attempt to gain unauthorized access to the Apps, the Websites, the Services, accounts registered to other Users, or any servers, systems or networks connected to the Apps, the Websites and/or the Services;
30. Each User undertakes to report any abuses to the Company, as well as any improper comments or conduct by other Users.
31. We conduct regular reviews of the use of our Services from time to time, including for safety and fraud protection purposes. We reserve the right to remove all or part of any content created, used or circulated publically or privately by Users which is not compliant with applicable laws or regulations, or which violates these Terms & Conditions.
32. The Company may at its option, terminate its relationship with you, or may disable your account immediately if it determines you are using the Services contrary to the restrictions found in this Section 15 or any other terms of these Terms & Conditions.
33. We may exclude any User from, or terminate any User’s access to, our Services in our sole discretion for any reason, including, but not limited to, any non-compliance with applicable laws or regulations or these Terms & Conditions. You acknowledge and agree that you are solely responsible, and the Company has no responsibility or liability to you or any other person or entity, for any breach by you of these Terms & Conditions or for the consequences of any such breach.
34. LINKS TO OTHER WEBSITES
35. Our Services may contain links to other websites and to resources provided by third parties (“Other Sites”). The Other Sites are linked to provide information only and are solely for your convenience.
36. The Company has no control over, does not accept and assumes no responsibility for the content or products or services of Other Sites and does not accept any responsibility for any loss or damage that may arise from your use of them.
37. If you choose to access Other Sites, you do so at your own risk and on the terms and conditions and in accordance with the privacy policy (if applicable) of the Other Sites.
38. DISCLAIMER OF WARRANTIES
39. You understand and agree that your use of the Apps, the Websites and/or the Services is at your sole risk.
40. The Apps, the Websites and the Services are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied (to the maximum extent permitted by applicable law).
41. To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade.
42. The Company makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Apps, the Websites and/or the Services.
43. INDEMNIFICATION
44. You agree to, and you hereby, defend, indemnify, and hold the Related Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Related Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter:
1. your use of the Services and your activities in connection with the Services, including your communications and meetings with Members you meet through the Services;
2. any of your data posted or otherwise provided on the Services;
3. your breach or alleged breach of this Agreement or any additional terms;
4. your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services;
5. information or material transmitted through your computer or other devices, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity;
6. the Related Parties’ use of the information that you submit to us (including your Material) (all of the foregoing, “Claims and Losses”).
45. GOVERNING LAW; JURISDICTION
46. The laws applicable to the interpretation of these Terms & Conditions shall be the laws of England and Wales, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding principles of conflict of laws.
48. Save as set out below, you irrevocably submit to the exclusion jurisdiction of the English courts.
49. The governing law does not impact your rights as a consumer according to the consumer protection laws and regulations of your country of residence.
50. You acknowledge and agree that the Company would be irreparably damaged if the terms of these Terms & Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms & Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.
51. GENERAL
52. These Terms & Conditions and the Privacy Policy contain the entire Agreement between you and the Company. If any provision of this Agreement is held by any competent court or authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
53. The Agreement is not intended to create a partnership, joint venture or relationship of principal and agent between the parties.
54. No waiver by the Company of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
55. The Company may assign its rights under these Terms & Conditions to any person or entity without your consent. The rights granted to you under these Terms & Conditions may not be assigned without the Company’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
56. Force Majeure
1. For the purposes of this clause 56, “Force Majeure Event” means any act or event beyond the reasonable control of the Company, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
2. The Company will not be liable for any failure to perform or any delay in performance of, any of its obligations under these Terms & Conditions caused by a Force Majeure Event.
3. In the event of a Force Majeure Event that results in Services being unable to be provided for 14 days or more, either party may terminate this Agreement with immediate effect upon written notice to the other and neither party will have the right to claim compensation from the other.