esync Terms of Use Agreement


Welcome to esync, the service for adults to meet each other online operated by esync Pte Ltd (" esync" or "we" or "us"), a company registered in Singapore whose registered office is 51 Cuppage Road #10-07 Singapore 229469.

This legal notice applies to the entire content of this website under the domain esync ("Website") and to any correspondence by e-mail between us and you. Please read these terms and conditions carefully before using this Website. Using this Website indicates that you accept these terms without modification regardless of whether or not you choose to register with us as a member and constitutes you being a party to this Agreement. If you do not accept these terms, do not use this Website.

Once you have completed your online registration procedure, your membership has been activated and you have entered into a legally binding contract for the provision of the esync service (the "Service").

By using the Web Site, you agree to be bound by the terms of this Agreement. esync may change, modify, add, or delete portions of this Agreement from time to time and such changes shall be effective upon posting on the Web Site.

If you do not agree to the updated terms and conditions you may terminate your use of the Service by notifying us that you wish to terminate Your Account (as defined below). Your continued use of the Service or the Software will be deemed to constitute your acceptance of the changes to this Agreement.

  1. Membership Eligibility

    MINORS AND MARRIED PERSONS MAY NOT BECOME MEMBERS. By becoming a Member, you represent and warrant that you are at least 21 years old and single ("single" means either you are unmarried, widowed or divorced. A person is considered divorced if the final Court Order or its equivalent has been granted for the dissolution of the marriage). Our services are not available to, and may not be used by, persons temporarily or indefinitely suspended members. Membership of the Service is invalid where it has been prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. We reserve the right to request proof of age and conduct marital checks at any stage to verify that minors and married persons are not using the Service.

  1. Description of Services

    We provide single users who register with us the opportunity to access online interactive content and premium services to coordinate offline dates. esync may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. esync also reserves the right to cease offering any of the Services.
    esync is not a marriage brokering service and is not obligated to successfully broker any other members for you.
    There is no guarantee of a successful match and future marriages.

  1. Your Account

    You may only have one account ('Your Account'), for which you will register using your own, correct name. You may not use the Service by means of another person's account. Should you attempt to open more than one account, under your own name or under any other name, or should you attempt to use the Service by means of any other person's account, we will be entitled to immediately close all your Accounts and bar you from future use of the Service.

    You must choose a user ID and password on completion of registration. You are responsible for all actions taken under that user ID and password and shall only use or utilise the Site using your own user ID and password. You must make every effort to keep your password safe and should not disclose it to any other person. You shall not sell or transfer your user ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your ID or password. We are not responsible or liable for any losses or problems you suffer as a result of your disclosure of your user ID information to anyone else.

  1. esync Registration and Membership Subscription

    You may become a member of the Service at no cost. As a member you will have the ability to participate in some, but not all, of the features and services available within the Service.
    You must become a paying subscriber to the Service in order to be guaranteed a certain number of dates to be coordinated for you. Please see subscription page for a description of the current subscription plans and their prices for the number of dates guaranteed dates respectively.

    The subscription price list is part of this Agreement. We can change the subscription fees for the number the certain number of guaranteed dates at any time but we will give you reasonable notice of this before we do so. If you are unhappy with any subscription fee changes you may terminate your membership by writing to our address listed below or by contacting us at info@esynchrony.com or the contact form.
    The period of any subscription that you purchased shall follow the package that you purchased. The extension period for the subscription is applicable only if the number of guaranteed dates for the subscription package purchased has not been fulfilled by the end of the period of the subscription package. For 6 or lesser month packages, the extension period will be maximum of 6 months starting from the end of the period of the package. For above 6 month packages, the extension period will be maximum of 12 months starting from the end of the period of the package.

    For fixed dates, the period of any subscription package shall be for 12 months for a guaranteed number of dates according to the package that you purchased starting from the date of payment by you to esync. You may purchase additional guaranteed dates for your membership at the end of the last date coordinated for you paying the respective fee for those dates.

    If the number of guaranteed dates has been fulfilled during the period of the subscription package, there will be no extension period. If the extension period is applicable, your subscription will end upon fulfillment of the number of guaranteed dates at any time during the extension period or at the end of the extension period whichever comes earlier.

    3 Days Cooling Down Period: Within three (3) calendar days from the date of payment, if you wish to cease your membership, esync will return to you the membership fee less the administration fees of $50.00 which are non-refundable.

    By entering into this Agreement, you acknowledge that all of your purchases involving our membership subscription plan are not refundable, not transferable and irrefutable after a 3 day cooling down period from the date and time of your purchase. During the 3 day cooling down period after every membership subscription purchase, if you contact us using info@esynchrony.com or fax or the contact form and indicate during that period that you want a refund, we will issue you a partial refund for your membership subscription less the administration fees of $50.00 which are non-refundable.

    Take note that 3 Days cooling period only applies in Singapore will not be applicable to any packages bought under promotion. It will be strictly non-refundable. Promotion includes 1-date trial as well.

  2. Payment and refund transaction fee maybe incurred by users who use Paypal.

    Deposits:

    A deposit is not a membership date fee but a holding deposit to ensure that members who did not pay any fees will still take the esync date arrangement seriously and turn up for the introductions that we arrange/coordinate for them. esync users who pay a deposit can request for the deposit back at any time except when we are in the midst of coordinating a introduction for them (after a mutual match is approved by the user and the other matched party) unless one of the parties choose to cancel the match and choose not to meet up. Once a eligible request for the deposit is made, the return of the deposit will be made in approximately 2 weeks time from the date of the request.

    Any of the following conditions/infringements will result in the deposit being forfeited without refund:

    • The user who placed the deposit did not show up for the date introduction being scheduled for him/her for whatever reason after the date arrangement is confirmed by the dating consultant.
    • The user cancels the date introduction without giving us at least 24 hours notice.
    • The user turns up for the date introduction late by 45 minutes or longer from the time which the date was scheduled for and agreed upon by both parties.

    If the deposit is forfeited, the user may appeal against the matter by written email through our contact form or sending the email with the reasons why the deposit should not be forfeited within 48 hours of the date and time of the date introduction in which the infringement which cause the forfeiting of the deposit. Else, all deposits forfeited for the above mentioned conditions/infringements is irrefutable, indisputable and not refundable.

  1. USAGE OF MEMBERSHIP

    Communication with esync with regards to Arrangement of Dates/Appointments: esync will communicate with you via phone, SMS or email to facilitate the arrangement of your dates/appointments. However, in the event of emergency or urgent matters, you must inform esync via phone and not via SMS, email or other form of communication. Urgent matters would comprise, but not limited to, arriving late for the date, feeling unwell, rescheduling of date that will occur within the next 48-hours etc. Please note that our working hours are Mon-Sat 10am to 7pm. We are closed on Sundays and Public Holidays.

    Confirmation of Dates/Appointments: Once we have obtained your availability, we will proceed with the arrangement of the date. A date is considered confirmed once esync has sent out a confirmation email to the email address provided by you. A reminder SMS would also be sent out 1 to 2 days before the date. You are requested to reply to the SMS with a simple ‘OK’.

    Cancellation of Confirmed Dates/Appointments: In the event of urgent matters and you need to cancel your date/appointment, you must give esync 48-hours notice. Failure to comply would result in the forfeit of the date/appointment itself. The date will then be counted as a date and will be deducted from the total number of dates as stated in your membership package. esync also reserves the right to deduct 1 month from your membership package.

    Rescheduling of Confirmed Dates/Appointments: In the event you reschedule a confirmed date with / within 48 hrs (i.e. the dating consultant has sent you the confirmation SMS and/or email) for same person three (3) times or more or different person two (2) times or more, esync reserves the right to count it as a date and deduct from the total number of dates as stated in your membership package even if the actual appointment has not taken place. esync also reserves the right to deduct 1 month from your membership package.

    Failure to Turn Up for Dates: In the event that you fail to turn up for any confirmed date/appointment without giving 48-hours notice to esync, esync reserves the right to deduct 1 month from membership or count as 1 date and forfeit the full amount of your membership subscription fee.

    Providing Feedback: It is your responsibility to give esync feedback after every date. esync may still initiate future matches / dates but reserves the right to refrain from providing future matches / dates unless this is accomplish.

    Suspension of Membership: You may suspend your membership during your period with us. In order to suspend your membership, you must give written, via post or email notice to esync. Suspension will begin on the date of such receipt and will end upon receipt of written notice to esync that you wish to lift the suspension. You may suspend your membership as required but all minimum number of guaranteed dates have to be utilized within 3 years from the date of payment.

    Cancellation of Mutual Matches: In the event that you have cancelled your mutually approved match, two (2) times or more, esync reserves the right to count it as a date and deduct 1 month from the membership package even if the actual appointment has not taken place.

    We will arrange your dates based on the sequence of mutual approvals. Personal priority list will not be entertained as it might affect other members.

 

  1. Prohibited Uses of the Site and Service

    You are solely responsible for your conduct and for the information you provide to esync or transmit to other members.
    Non Commercial Use by Members. The Website is for the personal use of individual members only and may not be used in connection with any commercial endeavours. Organizations, companies, and/or businesses may not become members and should not use the Service or the Website for any purpose. Illegal and/or unauthorised uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

    The following is a partial list of the type of actions that you may not engage in with respect to the Service:

    • You will not impersonate any person or entity
    • You will not "stalk" or otherwise harass any person.
    • You will not express or imply that any statements you make are endorsed by esync without our specific prior written consent.
    • You will not transmit to other members or employees of esync or the general public any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, religiously offensive, illegal material, or any material that infringes or violates other members’ or esync’s employees’ or esync’s rights (including but not limited to, intellectual property rights, and rights of privacy and publicity). Please notify esync in writing about conduct or material from other members which you believe infringes these rules. In the event you abuse or threaten employees of esync verbally and/or physically, esync reserves the right to take legal actions against you.
    • You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
    • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other intellectual property or proprietary information without obtaining the prior consent of the owner of such proprietary rights.
    • You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
    • You will not "frame" or "mirror" any part of the Service or the Website, without esync's prior written authorisation. You also shall not use meta tags or code or other devices containing any reference to esync or the Service or the site in order to direct any person to any other web site for any purpose.
    • You will not transmit or post any material which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in Singapore or any other countries in the world.
    • Except and only to the extent permitted under applicable law, you will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.

    You agree that you will not upload, distribute or reproduce on the Web Site:

    • any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
    • any material that is violent, threatening, abusive, sexually explicit, obscene, offensive, hateful, derogatory, defamatory, libelous or racially, ethnically or otherwise objectionable;
    • any material that promotes an illegal activity; spam or junk mail or other material for a commercial purpose;
    • false or misleading material; or
    • any material that contains software viruses, bugs, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  1. Privacy Policy for Users

    Please see details of our Privacy Policy.

  1. Intellectual Property

    You acknowledge and agree that the information found on this Site and the technology driving the Site is either ours or a third party's trademark, service mark, copyright, trade secret, patent or proprietary rights (collectively 'Intellectual Property'). You agree not to rent, lease, loan, distribute, create derivative works, copy, re-use, modify, adapt, attempt to decompile, decipher, disassemble, reverse engineer, decrypt or discover the source code of all or any portion of this Site, deploy any type of query program on the Site, create improvements, or seek to obtain intellectual property protection on the content found on this Site. The Service is made available for your personal use only. Any other use is strictly prohibited.
  1. Obligations of the Company

    The Company has no obligation to check whether users are using the Service in accordance with this Agreement. Under no circumstances shall the Company be obligated to investigate or pursue any complaints made by a user against any other user using the Service or to take any other action in connection therein, or take any action against a user for any reason, including without limitation for violating the terms of this Agreement. The Company may, in its sole discretion, decide to take appropriate action against any person it suspects to be engaging in any unlawful behaviour or otherwise violating the terms of this Agreement, but is under no obligation to do so. You will not be entitled to a refund from the Company for any monies owed to you as a result of any other user's misconduct, unlawful behaviour or otherwise whether or not the Company pursues any action against such user.

  1. Warranty

    Your use of the Site is at your sole risk. In providing the Site and Service we agree to exercise reasonable skill and care and apart from this, any other express or implied service guarantees, assurances, warranties, conditions, terms and the like shall not apply. You acknowledge that: (a) as with any other web pages and services provided over the internet and with the use of software and hardware generally, there may be times when the Service is interrupted, unavailable and/or contains errors, and that such situations are beyond our reasonable control; (b) we are not responsible if the computer and software you use to access the Service crashes or experiences problems; while we will use reasonable endeavours to try to keep the Service running, we do not guarantee 24/7/365 operation and we are not liable for any resulting losses, damages or other problems suffered by you, including losing the Service.

  1. Information and content supplied by the Members

    The information supplied by a Member of esync 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 esync personal information, data, text, content and images. Consequently, he/she waives all recourse against esync, notably on the basis of any possible damage to the Member's right to his/her image, the Member's honor and reputation, or the Member's privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by this agreement, since the Member has given his/her prior, free and express consent to such revelation through his/her registering with the Service and in application of these Terms of Use.

    esync 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, esync 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 esync meeting Service by both esync and its Members necessitates compliance with certain ethical standards in Members' expression and behavior, respect of third parties' rights, and compliance with applicable laws and regulations. In the scope of this requirement for quality, individual responsibility and ethics, esync allows Members to notify esync, on the esync website, of the data (photograph, text, video), behavior, or words of a Member which seem to them to infringe applicable laws or regulations, the image or the purpose of the esync 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 esync, 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.

    In the event that any damages are brought against esync 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.

  1. Links

    esync can supply or third parties may include hypertext links to other websites other than the esync site and to Internet sources. As esync 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 esync 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 Singapore law, the member is required to cease consultation of the site concerned in order to avoid being held responsible for such violation.

  1. Limitation of responsibility

    esync can be held responsible by a Member only where certain and definitive proof is adduced before the courts demonstrating a wrongful act committed by esync having caused that Member damage. In this regard, esync shall in no circumstances be liable for direct or indirect damage to the Member where the Member's behavior contributed to the occurrence of the damage he/she claims to have suffered. By way of illustration, esync 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.

  1. Functioning of the esync site and Services

    To use the Services, the Member must have the necessary hardware equipment and software and the necessary parameters required to properly use esync: Firefox 18 or Internet Explorer 9 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.

    esync 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.

    esync does not guarantee that the Services will be usable if the Member's Internet Service provider is unable to provide its Service properly. In this context, esync cannot be held responsible for the non-functioning, non-availability or adverse conditions of usage of the esync 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 esync. Moreover, due amongst other things to the specifics of their Internet browser.

    Under these conditions, esync does not guarantee that the Services 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, esync shall inform its Members prior to maintenance work or updates.

    Service Access. While esync endeavours to ensure that this Website is normally available 24 hours a day, we do not guarantee that it will be uninterrupted or error free. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

  1. Advertisements and Promotions

    The Services may contain links to web sites of third-parties, including without limitation, advertisers, which are not under the control of esync, and esync is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such web sites. esync provides these links to you only as a convenience, and the inclusion of any link does not imply that esync endorses or accepts any responsibility for the content on such third-party web site.

    Your correspondence or business dealings with, or participation in promotions of, advertisers or sweepstakes sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes sponsor. You agree that esync will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to esync with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services.

  1. Termination

    We may terminate Your Account (including your user ID and password) if

    (i) for any reason we decide to discontinue to provide the Service,

    (ii) you have breached any of the terms of this Agreement,

    (iii) your use of the Service has been in any way improper or breaches the spirit of this Agreement, or

    (iv) for any other reason we see fit.

    You may terminate Your Account at any time by giving us notice. Subject to our forfeiture rights in Section 6, if Your Account is terminated by either you or us because of (ii), (iii), (iv), then all items, any monies and fees paid to us, credit or content associated with your account is forfeited and not refundable. If the termination is due to (i), then we will pay to you any monies remaining in Your Account, subject to the charge of an administrative fee.

    If you terminate your membership subscription, your subscription will remain active until the end of the period through which you had paid prior to your termination.

    esync may deactivate the accounts of members who have not used the Service for a period of six months or more (as calculated by the date of last connection to the Service) unless you are a paying subscriber.

    If the termination is due to violation of our terms of service in deed, intent or in spirit, do note that all monies and fees in Your Account paid to us are hereby immediately forfeited and not refundable.
  1. General

    We reserve the right to modify or terminate the Service or elements of the Service at any time. Any promotions, bonuses or special offers are subject to promotion-specific terms and conditions and we reserve the right to withdraw them at any time. If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.

    No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement. Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties. A person who is not a party to this Agreement has no right to enforce any term of this Agreement. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation save insofar as the same has expressly been made a representation in this Agreement. We reserve the right to transfer, assign, sub-licence or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment.

  1. Governing Law

    These Terms of Use shall be governed, construed and applied in accordance with Singaporean law, and in the event of dispute as to the meaning of a term or provision of these Terms of Use the language of interpretation shall be English.

  1. Dispute Resolution Procedures

    Disputes between you and the Company regarding the Service may be reported to Customer Services. Your report will appear in our esync admin system and our customer service officers will then call you within 1-3 working days. We encourage you to report all disputes between users to your local law enforcement body.

  1. Member Disputes

    You are solely responsible for your interactions with other esync Members. esync reserves the right, but has no obligation, to monitor disputes between you and other members.

  1. Contact Us

    You may contact us at any time should you have any questions or need assistance. You must contact Customer Service if your personal information or credit details have changed. In addition if you forget your password, or suspect that someone else has learnt and used your password please contact Customer Services.

  1. Your representations

    By accepting these terms and conditions you confirm and agree that:

    (i) You are at least 21 years old, or the age of legal consent for engaging in the activities provided by the Service under the laws of any jurisdiction that applies to you, whichever is greater. We reserve the right to request additional information to validate your age.

    (ii) All the details contained in your registration form as submitted to us are true and correct. You will promptly notify us of any changes to those details.

    (iii) Your Account is for your sole, personal use only and it is not be used by you or any third party for the purpose of or in the course of any trade or business.

    (iv) You shall not allow any third party to use Your Account, password or user ID to access or use the Service or the Software nor shall you reveal your means of payment to access or use the Service or Software to any person. You shall not allow any person under 21 any form of access to the Service or Software. We take no responsibility for any third party access to Your Account.

    (v) You have verified and determined that your use of the Service does not violate any laws or regulations of any jurisdiction that applies to you. It is your responsibility to ensure that this is the case.

    (vi) You fully understand the methods, rules and procedures of the Service and your use of the Service and Software will be made exclusively in accordance with this Agreement and Privacy Policy. You will not commit any acts or display any conduct that damages the reputation of the Company.

    (vii) You agree that your use of the Service is at your sole risk.

    (viii) You acknowledge that in registering and using the Service you have to provide us with certain personal details about yourself (including details regarding your methods of payment). While we will keep this information confidential, you agree that it may be necessary, from time to time, for us to disclose certain of these details to third parties and you consent to such disclosures. Please see our Privacy Policy for further information.

  1. Bank Information

    Account name: LA Dating Co., Ltd
    Kasikorn Bank, Central World Branch
    Account no: 002-3-71897-9

  1. Contacting the Website

    If you have any questions about these terms or the privacy policy, please contact us at info@esynchrony.com.

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