These Terms and Conditions of Use (TCU) apply to the services offered on the website www.getonce.com and the mobile application.
The service is provided by ONCE DATING AG Aktiengesellschaft (a limited company under the laws of German-speaking Switzerland), registered on the Commercial Register of the Canton of Schwyz under the number CHE-199.083.691. The TCU define the rights and obligations of the parties in connection with the use of the mobile application. They form the basis of a contractual relationship between the member and the company ONCE DATING AG.
In the event that one of the stipulations in these TCU is declared invalid or inapplicable by a law, regulation or court judgement issued by a competent court, the other stipulations shall remain valid and in force, unless these TCU are thus undermined or such a situation would engender significant imbalance between the obligations of the parties.
In these TCU, the words and expressions below shall have the following meanings:
Application: refers to the ONCE application, available in the Apple App Store, the Google Play Store and on the Site.
TCU: These Terms and Conditions of Use.
Account: The Account is the Member’s personal area in the Application, which can be accessed by registering and logging into the Application. It enables Members to access the Services. Terms and Conditions of Use indicates this contract.
Connection: When two Members ‘Like’ one another.
Crowns: Crowns are units that can be used in the Application. One Crown enables a Member to:
Send a Message: Action represented by a paper aeroplane. Sending a message is an action that incurs a charge, enabling a Member to send a message to another Member. Messages can be sent free of charge once a connection has been established between two Members (when two Members ‘like’ one another).
Like: An action represented by a heart, intended to express one Member’s interest in another Member. This action is visible, but no notification is sent until the profile that has been ‘liked’ likes the first profile in return.
Member(s): A person (or people) registered in the Application.
Facebook Connect: A function that enables Members to use their Facebook account to log into the Application, thus simplifying the registration procedure.
ONCE: ONCE DATING AG Aktiengesellschaft (a limited company under the laws of German-speaking Switzerland) with a capital of CHF 168,723.80, registered on the Commercial Register of the Canton of Schwyz under the number CHE-199.083.691, the owner and sole operator of the Application and the ‘Once’ trademark.
Packs: Packs are bundles of Crowns bought by Members.
Pass: An action represented by a cross that expresses a Member’s lack of interest in another Member. This action is secret and no notification is sent. ‘Passed’ profiles will no longer be able to contact the Member, unless they ‘Like’ the Member’s profile or if one of the two Members sends a Message to the other (chargeable action).
Next match: The next match is either chosen by the Application or determined in the form of a chargeable action taken by a Member to choose their next match themselves from several suggested active Member profiles. Instant match: An action available under the countdown on the main screen displaying the time a Member is required to wait before their next match. An instant match is a chargeable action that enables a Member to connect with another active Member immediately.
Services: All of the services, both chargeable and free, offered by ONCE to help bring about virtual matches or real meetings between Members with a mutual interest in one another, in line with the search criteria that they have entered.
Site: The website www.getonce.com.
These Terms and Conditions of Use shall be governed, interpreted and applied pursuant to Swiss law, without prejudice to the protection provided to Members by the mandatory provisions set out in French law. If the meaning of any provision or term within these TCU is contested, the Member may contact ONCE by post addressed to Top 5 Ltd, Exmouth House, Suite 401, 3-11 Pine Street London EC1R 0JQ, or directly by email to firstname.lastname@example.org.
In the event of a dispute, the Member shall contact ONCE in the first instance to settle the matter amicably. Any dispute that cannot be settled amicably shall be submitted to the competent courts of the Canton of Schwyz without prejudice to the mandatory provisions set out in French law as regards the competence of the courts.
ONCE may amend the TCU at any time. Members shall be informed of the nature of these amendments as soon as they are uploaded to the Site. Members shall be informed of the new Terms and Conditions of Use via the Application and/or in an email sent to the email address provided by them, and the new Terms and Conditions shall apply immediately.
It is the responsibility of the individual Member to read the TCU carefully when they are updated and to read and understand any changes brought about by such an update. If a Member should disagree with the amendments to the TCU, they shall have the right to cease using the Services and delete their Account pursuant to Article 10.
The Application can be downloaded free of charge from the Apple App Store for iPhones operating iOS version 7.0 and later, from the Google Play Store for Android Smartphones operating version 4.1 and later and also from the Site. If the necessary conditions for membership have been met, ONCE shall allocate the Member a personal Account containing:
If a Member signs up via Facebook Connect, ONCE is granted permission to use their Facebook profile picture, first name, age as ascertained from their date of birth and their interests to create a ‘profile’. The Member must therefore confirm that this information is correct on Facebook before registering for the Services.
Registration can also be completed by email. By choosing this option, the user gives ONCE permission to request an email address and phone number so that registration can be confirmed by text message.
The Application gives ONCE Members an intimate and private setting within which to contact other Members selected in line with compatibility criteria (geographical proximity and the search criteria included in Members’ profiles) with the aim of establishing virtual matches or setting up real meetings. Each Member is free to talk to and develop relationships with other Members in compliance with these TCU.
Some Services provided by ONCE are available free of charge in the Application (aside from any internet and telecommunication charges) for Members who commit to complying with these TCU, including:
The chargeable Services offered through the Application can be accessed by Members by purchasing Packs of Crowns.
One Crown enables Members to:
Purchased Crowns have no expiry date and can be accumulated. There is no time limit to their validity, on the condition of compliance with these TCU. However, in the event of the early termination of this contract due to non-compliance with these TCU, ONCE reserves the right to close the Member’s Account without refunding the Crowns in the Member’s Account at that time. The specific case of Crowns given free of charge: ONCE may give Members Crowns free of charge through its loyalty programme, or in connection with a specific event.
Crowns cannot be purchased on an individual basis. They are available in the form of Packs containing several Crowns, and at the prices indicated in the Apple App Store, Google Play Store and on the Site. A Pack of three Crowns is provided to women and one Crown to men when they register for the Application.
Packs can be purchased securely through the Apple App Store and Google Play Store using their respective payment methods, or through the Site using Stripe. The Apple App Store, Google Play Store and Stripe are solely responsible for their payment methods and processes. ONCE shall not intervene in these methods and processes pursuant to the conditions imposed by these platforms. Any refund request or request related to a payment must be addressed to the Apple, Android or Stripe department concerned, depending on the handset from which the purchase was made. Bank details are collected by Apple, Android or Stripe, beyond ONCE’s control.
When registering for the Site or the Application, the user is required to provide personal information pursuant to Article 4.
This information is subject to automated processing by ONCE.
Pursuant to Articles 38 et seq. of Law No 78-17 of 6 January 1978 amended by Law No 2004-801 of 6 August 2004 on Computing, Data Files and Civil Liberties, any person may access and, if necessary, correct or remove their personal data by contacting ONCE, whose contact details are provided in Article 2 of these TCU. Any person may also, for legitimate reasons, object to their personal data being processed.
When using the Services defined in Article 5, Members commit to:
ONCE moderates the content published by Members when they register, in particular photos published by Members and the description added to a Member’s profile. However, the Member has sole responsibility for their own actions and the information they publish through the Application. If ONCE is held liable for a Member’s failure to comply with their obligations, the Member shall guarantee ONCE against any conviction handed down against it whose basis originates from a violation of the law or these TCU by the Member.
Members may report prohibited content that violates applicable law or these TCU using the moderation tools provided by the Application in the menu found on each chat screen under the heading ‘Report’.
Any photograph that is pornographic or exhibitionist in nature or violates modesty or is generally considered immoral is formally prohibited. ONCE reserves the right to delete any photograph that does not comply with the conditions above. Publishing any such photograph constitutes a serious offence which could lead to the Member’s Account being suspended and/or terminated, without prejudice to any other sanctions that may be imposed by the justice system.
ONCE provides warnings to Members who wish to meet another Member in real life. Members are wholly responsible for verifying the identity of the people with whom they arrange any such meeting. Such ‘real’ meetings take place independently of ONCE, and are the sole responsibility of the Members involved. ONCE cannot be held liable for any actions or problems of any nature whatsoever committed or provoked by Members and/or former Members during events that take place following use of the Application. In this regard, the ONCE messaging system enables users to decide which Members are authorised to view their profiles and communicate with them, with the aim of giving Members peace of mind and preserving their security. It is highly recommended that Members do not reveal personal information to other Members, even to those authorised to exchange Messages with them, that does not appear on their ONCE profile, such as phone numbers, addresses or surnames. ONCE strongly recommends that, for security reasons, Members only arrange real meetings in very busy public places or that they inform a family member or friend of the meeting, and only reveal their contact details after a reasonable period of time.
Members are solely responsible for paying for the equipment (hardware or software) required to access the Services, and all other related costs, including telecommunication charges. Members are solely responsible for their own equipment used in connection with the Service.
##Article 8 - ONCE’s obligations and responsibilities
ONCE commits to providing the infrastructure and technical means required to provide a high-quality Service to Members equipped with an iPhone handset running on the operating system iOS 7.0 or later or an Android Smartphone running version 4.1 or later. ONCE cannot be held responsible for any operational faults in a Member’s handset or any compatibility issues between the Application and the handset. All possible measures are taken to minimise the risk of fraudulent access to ONCE’s systems. In this regard, ONCE has put in place a firewall (located between the internet network and the company’s private network to increase the company’s security by filtering traffic originating from or going to the internet). Nevertheless, it is impossible to fully guarantee the security of a network. ONCE is not responsible for any breakdowns, interruptions or malfunctions in the services provided by Members’ internet access providers, nor for any reason outside of ONCE’s control that could interrupt or impair access to ONCE’s Services. Members must ensure that they have a secure email address. Despite, or in the absence of, these precautions, a Member’s Account may be susceptible to fraud. ONCE also wishes to warn Members of the exeptional risk of receiving unwanted Messages or Messages that purport to have been sent by ONCE. Members must be aware of the risk and vigilant, and warn ONCE by letter or by email sent to the address provided in Article 2 of this document should such a situation arise.
ONCE and its partners cannot be held responsible for any illegal actions or actions subject to criminal sanctions committed by its Members, including but not limited to:
ONCE is not liable in cases of fraud, identity theft, prostitution, violation of the intellectual property of third parties or other criminal offences committed by its Members through the Site, the Application and the Services provided to them.
ONCE reserves the right to save all litigious content, in particular in order to make it available to the competent authorities.
ONCE is not responsible for real meetings organised by Members. Members who wish to organise such meetings are reminded that they do so at their own risk as indicated in Article 7.2.3 of these TCU, as ONCE is unable to guarantee the truthfulness of information provided by its Members.
ONCE prohibits Members or third parties from organising demonstrations or mass meetings of their members through the Site and/or the Application made available to Members. ONCE cannot be held responsible for any disturbance to public order or damages caused by Members or third parties participating in such meetings.
The ‘Once’ trademark is the exclusive property of ONCE. ONCE is the holder of all of the associated rights. The trademark was filed with the French National Institute of Industrial Property under the number 144 118 105 and with the United States Patents and Trademark Office (USPTO) under the ID number 498 4545. Any reproduction and/or use and/or partial or total affixing and/or modification and/or removal of the trademark and the associated rights such as, for illustrative purposes, but not limited to, the slogan and logo featured in the Application, by any means whatsoever, in any form or material whatsoever and through whatever medium whatsoever, is strictly forbidden without the prior written express authorisation of ONCE and shall be subject to legal proceedings. Members should not use meta tags or any other hidden text containing the ‘Once’ name or trademark without the express written agreement of ONCE. The trademark is protected by Articles L713-2 et seq. of the French Intellectual Property Code and by international intellectual property law.
ONCE holds all of the intellectual property rights related to the Application and the Site.
In the course of ordinary use of the Site or the Application and for this purpose alone, ONCE grants Members the right to use the work featured in the Application and on the Site, such as, but not limited to texts, pagination, presentations, layouts, photographs, images, drawings, graphics, buttons, videos, sounds and data (‘Work’).
The licence to use the Work granted by ONCE to Members is non-exclusive and non-transferable and is reserved for private, personal and non-commercial use worldwide in connection with and for the duration of registration for the Services. It is prohibited to sell, rent, loan, distribute or sublicense all or part of a Work or to transfer any rights to all or part of this Work. It is prohibited to copy, modify or alter in any other manner a Work, in full or in part, to create works derived from a Work or to integrate all or part of a Work into other works, whatever form they may take.
Works are protected by virtue of Articles L122-4 et seq. and L335-3 et seq. of the French Intellectual Property Code and international intellectual property law.
The following conditions shall apply to all of ONCE’s software (source codes, updates and developments, preparatory design material and related documentation) used in connection with the Services (the Software). All Software is the property of ONCE, which holds all of the intellectual property rights and related usage rights. The Software is protected by Article L122-6 of the French Intellectual Property Code and by international intellectual property law. In the course of ordinary use of the Site or the Application and for this purpose alone, ONCE grants its Members the right to temporarily reproduce the Software. This reproduction right includes the right to load, display and execute the Software. Any rights not expressly granted to Members are held by ONCE. The usage right granted by ONCE to its Members is non-exclusive and non-transferable and is reserved for private and personal use worldwide in connection with and for the duration of registration for the Services. It is prohibited to sell, rent, loan, distribute or sublicense all or part of a piece of Software or to transfer any rights to all or part of this Software. It is prohibited to integrate all or part of a piece of Software into other programs, to compile all or part of the Software with another program, to transfer all or part of a piece of Software for use with another service or to copy, modify or alter in another manner a piece of Software in full or in part, to create works derived from the Software or to reverse engineer or decompile a piece of Software in full or in part, except within the limits authorised by the law. In order to keep the Software up to date, ONCE may offer automatic or manual updates at any time and without prior notice.
The database related to the Application and the Site is the exclusive property of ONCE, which holds all of the associated intellectual property rights.
It is prohibited to extract, by means of a permanent or temporary transfer, all or a qualitatively or quantitatively significant part of the content of the Application or Site onto another medium, by any means and in any form whatsoever.
It is also prohibited to reuse all or a qualitatively or quantitatively significant part of the content of the Application or Site by placing it at the disposal of the public, whatever form it may take.
Finally, it is prohibited to repeatedly and systematically extract or reuse qualitatively or quantitatively insignificant parts of the Application or Site if such operations manifestly exceed the normal conditions of use of the Application or the Site.
It is formally prohibited to design a product similar to the Application or Site or to create an Application or Site derived therefrom, and more generally to commit acts of free riding, imitation, disparagement or any other act that constitutes unfair competition. If applicable, ONCE reserves the right to serve summons on a Member with the aim of obtaining full reparation for damages caused by the said Member.
Members shall risk facing sanctions if they succeed in or attempt to grant licences or sublicences, sell, resell, transfer, yield, distribute or operate commercially in another manner the Services, Application or the Site in any way whatsoever or make them available to a third party.
Each Member grants a usage license to ONCE for the intellectual property rights attached to the content provided by said Member in connection with the use of the Services. This license shall be operated by ONCE, within the limitations imposed by image rights and Members’ privacy, without reducing the authenticity of the Member’s profile, and remaining in conformity with this profile. This licence includes in particular the right for ONCE to reproduce, represent and modify such content with the aim of complying with the graphic design of the Services and to make such content compatible with the technical performance or media formats concerned. These rights are granted worldwide and for the duration of the enforcement of the Terms and Conditions of Use between the Member and ONCE.
The Member remains the owner of the content and the personal data they provide. The Member guarantees ONCE against any legal action, redress or conviction handed down against it originating from a violation of a third party’s intellectual property by the Member. The Member guarantees ONCE against any claims or damage that could result therefrom.
Deactivating and uninstalling an Account: The Member may deactivate their Account at any time without notice through the Application if they no longer wish to be visible.
When the profile is deactivated: The Member’s profile will become invisible to other Members, for the past and future. If an Account is reactivated within the year following the closure of the Account, the data retained shall be restored to the profile and the profile shall become visible once more.
Deleting an Account: The Member may decide to delete their Account definitively by sending an email or letter to ONCE, whose postal address and email address appear in Article 2 of this document, at any time and without notice. As a result, the Member’s profile shall be deleted permanently. If the Member then wishes to resume use of the Application, they shall be required to register under the same conditions as a user signing up for the first time.
When an Account is deleted:
In the event that a Member violates the Terms and Conditions of Use, their Account may be suspended temporarily at any time and then fully terminated by ONCE.
ONCE shall be free, at any time and in the event of non-compliance with these Terms and Conditions of Use by a Member, to suspend access to said Member’s Account on the Site and Application for a period of one month. ONCE shall inform the Member whose Account has been suspended of this decision by means of a notification in the Application and/or by email. The Member is invited to contact ONCE’s customer service department by email to provide an explanation for the accusations levelled against them. If the Member does not respond and/or if the explanations provided do not justify the violation, ONCE shall notify the Member that their Account has been terminated through the Application and/or by email, and inform the Member of the period during which they shall be unable to re-register for the Application. If not specified, this period is three years from the date on which the Member was notified that their Account had been terminated.
When an Account is terminated:
Sending mobile and email notifications: Members may receive notifications through the Application and/or by email in the case of the following events:
The email address to which notifications are sent is that provided by the Member when they registered. The settings for notifications can be changed in the Member’s Account, and notifications can be deactivated at any time.
Newsletter: When the Member registers for the Application, they consent to receiving a newsletter from ONCE. They have the right to change their mind at any time by clicking on the unsubscribe link at the bottom of each email received from ONCE.
Members may contact ONCE directly by post to the following address: Top 5 Ltd, Exmouth House, 3-11 Pine Street, London EC1R 0JQ or by email to email@example.com.
Version dated 07/11/2016
Unless expressly agreed otherwise, the terms hereafter that commence with a capital letter shall have the same meaning as that indicated in Once’s Terms and Conditions of Use.
Once collects personal information. The term ‘Personal Information’ designates any information that relates to a private individual identified or who may be identified directly or indirectly by reference to an identification number or to one or several elements personal to them.
The Personal Information that Once requires from users is as follows:
If a user registers using their email address: email address, first name, age, gender, mobile phone number and photo.
If a user registers using Facebook Connect: surname, first name, age, gender, date of birth, email address, list of friends, education, work, photos, interests and likes as published on Facebook.
Sensitive information: sexual orientation (straight, gay or lesbian, bisexual).
The optional Personal Information that Once collects is as follows:
Personal Information linked to your Account:
Once collects, processes and uses your Personal Information in order to:
Once does not collect or process any information related to your methods of payment. Payment, where necessary, is managed directly by the Apple App Store, Google Play Store for Android or Stripe for purchases made via the website www.getonce.com.
Personal Information related to an application to work for Once:
If you wish to apply for a job vacancy published on the website www.getonce.com, Once shall not collect your Personal Information.
The Personal Information collected by Once is appropriate, pertinent and not excessive with regard to the purposes for which it is collected and its subsequent processing.
Personal Information is stored for a period no longer than required for the purposes for which it was collected and processed.
Information regarding your ethnic origin, religion and/or sexual orientation that is collected when you register is classed as sensitive information. By ticking the box provided for this purpose when you register, you expressly provide your consent for Once to process this information.
Once uses the email address you provide to send you emails about its products or services (newsletter). You may decline this option when registering by ticking the box provided for this purpose. In addition, Once will not pass your email address to its partners for commercial prospecting unless you provide your prior express consent (box to be ticked).
Subject to legal and contractual requirements, you may refuse to provide your consent or withdraw your consent at any time by contacting Once at the following address: firstname.lastname@example.org. If you refuse to provide your consent or withdraw your consent, Once shall no longer be able to provide you with the Services. You can unsubscribe at any time from Once’s commercial prospecting lists by clicking on the unsubscribe link at the bottom of each email sent.
Your Personal Information shall not be used without your consent for purposes other than those stated and for which the information was collected. Once shall obtain your prior consent if it wishes to process your Personal Information for a different purpose.
The following third parties also receive your Personal Information:
Members: other Members of ONCE to whom the Member is suggested as a possible match can access the Personal Information published by the Member in their profile.
Service providers: Once may be required to send your Personal Information such as your first name, surname and email address to third parties who provide certain services on behalf of Once.
Partners: Once may pass your email address onto its partners for commercial prospecting subject to obtaining your express consent.
Transfer of activities: Your Personal Information may also be passed to third parties in the event that Once’s activities are transferred to a third-party company (merger, handover, dissolution, etc.). In this case, you shall be informed of this transfer of your Personal Information and shall have the opportunity to object.
Others: Once may be required to pass your Personal Information on if required to do so by law, a jurisdiction or the authorities or if it appears necessary in order to enable Once to establish the existence of or exercise its rights. Once may also be required to pass on your Personal Information to ensure the rights of the company, users, staff or others are defended and that those persons are protected and safe, to comply with applicable law, to apply its Terms and Conditions of Use or any other contract or policy.</span>
Enabling the ‘Do not track’ feature in your browser.
It is your responsibility to configure your browser appropriately in order to deactivate any tracking cookies on websites. Although Once does not authorise third parties to track your Internet browsing behaviour either before or after visiting the website www.getonce.com, Once can have no control over these third parties which could nevertheless track your browsing behaviour without your consent.</span>
Links to third-party websites
Once takes all the necessary precautions to keep your Personal Information secure and, in particular, prevent it being changed, damaged or accessed by non-authorised third parties.
Pursuant to Articles 39 et seq. of the amended Law of 6 January 1978 known as the ‘Computing and Freedom’ Law, you have the right to access your personal details, and you can also request that the Personal Information held by Once about you be rectified, erased, blocked or destroyed.
If you submit a request for a copy of your Personal Information held by Once, you may be required to cover the cost of certain charges which may not exceed the cost of reproducing this information.
Pursuant to Article 38 of the amended Law of 6 January 1978 known as the ‘Computing and Freedom’ Law, you may, for legitimate reasons, object to your Personal Information being processed.
You can exercise the aforementioned rights by writing to the following address: email@example.com. Once shall process your request within a maximum of two months following receipt thereof, notwithstanding exceptional circumstances.
This request must be accompanied by a photocopy of an identity document featuring the holder’s signature.
For any information or questions regarding your Personal Information (correction, update, access, withdrawal of consent, etc.), please contact Once by writing to the following address: firstname.lastname@example.org.