Vers. 04th July
2024
1. PURPOSE and DEFINITIONS
1.1 The present general terms of the contract (hereinafter, "GENERAL TERMS") contain the terms and conditions governing the provision of the HookMeNow Service (hereinafter also the "Service") available on the site www.hookmenow.com (hereinafter the "Site"). The GENERAL TERMS are agreed upon by You, as User of the services (hereinafter, "You"or"User") and the Company Iumob S.r.l., Via Comelico 3, 20135 Milano, VAT number IT07048770965 (hereinafter, "HookMeNow" or the "Company", and jointly with the User, the "Parties"). The present GENERAL TERMS govern and regulate the Service provided by the Company to the User by means of the Site, cancel any previous provision between the Parties not expressly cited or attached, and constitute the set of rights and obligations between the Company and the User. The Site aims to facilitate communication between Users in order to facilitate the emergence of new friendships.
1.2 In addition to the terms and words defined elsewhere herein, the following are defined:
2. COMPLETING THE CONTRACT
3. HOOKMENOW'S SERVICES
3.1 In completing the Profile when registering, the User enters the territory, gender (Male/Female/other) of Users he/she is looking for, the nickname by which he will be known on the Site and age. This profile is then validated by reception of an e-mail and relative confirmation. After the account is validated, the User must upload a photo in order to have a Public Profile on the Site (for uploading tips see the FAQ, available here). In the Profile the User can enter the Contents that concern him/her, making changes at any time, with a dedicated page for photos (both public and private). The Site consists of a number of areas in addition to the Profile, some of which are available only to Users with Subscriptions. The User recognises and accepts that only through his/her Profile will he/she will be able to use the Services of the Site, for example searching for other Users through the Search function, viewing messages in the chats, and that his/her Profile can be viewed by other Users. To use the Services, the User must have applications and made the necessary settings for the correct functioning of the Service, for example and not exhaustively:
3.2 Purchase of Subscription
3.2.1 The Site includes some services that can only be accessed upon payment of the Rate Plans and acquisition of the Subscription. The User acknowledges and agrees that he will have the chance to use the Subscription Services of the Site only upon purchase of the Subscription. The User acknowledges and agrees that the Services will be activated following payment of the Subscription. The costs of the various subscription types are shown on the purchase pages, and will be viewed by the User before each payment. The User expressly acknowledges and accepts that the Company may change the costs of the types of subscriptions at any time, also with reference to Users already registered and / or subscriptions in progress. The User expressly acknowledges and accepts that, at the time of each payment made through the Site, together with the amount indicated on the purchase pages, sales tax (or other similar taxes that may be applicable to a specific payment, except where these are not provided for) will also be charged, calculated on the basis of the information provided by the User directly and/or indirectly (by way of example but not limited to, through the IP address or information relating to the means of payment used). The amount of taxes paid will in any case be clearly indicated in the summary of the purchase. The User authorises the Company to charge the total of the above-mentioned amounts. Costs may vary based on current promotions and special offers. The proposed subscription plans all include automatic renewals upon expiry of the relative Contract. In order to correctly identify the taxes to be charged, Users further expressly acknowledge and accept that (i) Usersthat are ordinarily resident outside the European Union may only purchase paid services in the country in which they ordinarily reside, while (ii) Users that are ordinarily resident in the European Union may only purchase paid services within the European Union. If paid services are subject to sales taxes under these GENERAL TERMS in the country to be considered for taxation purposes and the User has failed to pay them by not providing correct information on the country from which the purchase takes place, the User shall be liable for their payment and for any penalties, outstanding payments or interest due to the competent tax authorities.
Costs may vary based on ongoing promotions and proposed offers. The types of Subscription available with automatic renewal are indicated, and are as follows:
In the Subscription Section the User compiles the data necessary for the payment, enters his/her details, contacts and billing references. The User acknowledges and accepts that the payments and all management of the data needed for such payments are entirely managed by international payment service providers (so-called Payment Processors) in possession of the relevant authorisations and licences needed to provide this service.
The subscribed User has access to a dashboard in the Profile, in which there is a summary of the status of the Subscription, through which he/she can manage payment methods.
3.2.2 The contract entered into by the Company and the User shall be deemed to be concluded with the Company's acceptance, full or partial, of the order. By placing an order in the various ways provided, the User declares he/she has read all the information provided herein and/or during the purchase procedure, and fully accepts the general and payment terms and conditions given below. If the User is a consumer (i.e. a natural person who registers for purposes that do not relate to his or her professional activity meaning that he/she does not make the purchase by indicating on the order form a VAT number as defined in Article 3, paragraph 1, letter a) of the Italian Consumer Code - hereinafter the "Consumer"), once the online purchase procedure has been completed, the Company shall send him or her by e-mail, inter alia, the link to these Conditions, which the User shall print or save and in any case preserve, in accordance with the provisions of the current Italian Consumer Code. All rights of the User shall be excluded for damages or indemnification, as well as any contractual or extra liability for direct or indirect damage to persons and/or property caused by the Company's full or partial non-acceptance of an order.
3.2.3 Purchase methods.The User can purchase the Subscription Services through the Site. The correct receipt of the order is confirmed by the Company by means of an e-mail reply, sent to the e-mail address communicated by the User. This confirmation message will contain, in addition to the link to these Terms of Sale, the Date and Time of execution of the order and a 'Customer Order Number', to be used in any further communication with the Company. The message repeats all the data entered by the User who undertakes to verify its correctness and communicate any corrections to make promptly, according to the methods described herein. In the event of non-acceptance of the order, the Company will communicate the decision to the User in a timely manner.
3.2.4 Right of withdrawal. By registering for Subscription Services, the User expressly declares and agrees to waive the right of withdrawal in accordance with Art. 59 of the Italian Consumer Code which states: "The right of withdrawal provided for in Articles 52 to 58 for distance and off-premises contracts is excluded in respect of [...] o) the supply of digital content by means of a non-material medium if the performance has begun with the consumer's prior express consent and his acknowledgement that, if so, he would have lost his right of withdrawal".
3.2.5 Conditions for purchases.
Purchases on the website can be made using the following payment methods: credit card, debit card, or PayPal account. After making a purchase, the User authorizes us to charge the chosen payment method. In the event of registration to the Service via Credit Card or Debit Card payment, upon the conclusion of the online transaction, the reference bank will authorise only the amount relating to the purchase made. The relative amount will actually be charged to the credit or debit card(s) entered by the User when registering or at a later time. These transactions can be managed/viewed completely independently by the User in the appropriate section of the Site. In cases of subscription to the Service with the Paypal payment method, the transaction will be handled by PayPal and the amount related to the purchase made on the website will be charged to the User’s account. The User can manage their account and associated payment methods directly from their Paypal account. The method of payment can be via a single payment for the entire amount or for a portion thereof through multiple payments until the total amount of the purchased subscription is paid off. In the event of cancellation of the order, if the Company does not accept the order, the Company will promptly request the cancellation of the transaction and release of the committed amount. For some card types, release times depend exclusively on the banking system, and can arrive at their natural expiration (24th day after the authorisation date). Once the transaction has been cancelled, the User acknowledges and expressly agrees that in no case can the Company be held liable for any damages, direct or indirect, caused by a delay by the banking system in the failure to release the amount committed. The Company reserves the right to request additional information from the User (e.g. landline phone number) or to send copies of documents proving ownership of the Card used. In particular, the User hereby acknowledges and accepts that the Company may be required, on the basis of the agreements with the banks providing the payment systems, as well as by virtue of the regulations in force, to verify that the User is the actual owner of the means of payment that he/she declares he/she intends to use for the purposes of payment of the Fees. In the absence of the required documentation, the Company reserves the right to refuse the order. At no time during the purchase process is the Company able to know the information relating to the buyer's card or other payment methods, transmitted via secure connection directly to the Site of the bank managing the transaction. These data will not be kept in any of the Company 's archives. Under no circumstances can the Company be held liable for any fraudulent or improper use of cards or other payment methods by third parties at the time of payment. For further information on the processing of the purchaser's card or other payment methods information, please read the policy provided by the bank.
3.3 Automatic renewal of the Subscription. The User acknowledges and expressly accepts that upon expiry of the scheduled period, the Subscription will be automatically renewed under the same purchase terms, barring ongoing promotions. The User can prevent the automatic renewal directly from his/her Profile section by sending a notice of termination, to be communicated via the contact form within the deadlines set out hereafter. For more information, it is possible to call the number +39 0294752806 At least before the expiry of type A subscription;
The User acknowledges and accepts that it is necessary to indicate the username or e-mail address used during registration, otherwise the cancellation request is void, as it does not allow the User to be identified. The User therefore expressly accepts and authorises the HookMeNow manager to automatically renew the subscription - and continue with payments according to the method chosen by the User when purchasing the subscription plan, without the User having to re-enter their credit card details - in the absence of cancellation as per the terms and conditions herein.
In the event that the full amount is not available on the chosen payment method, payment of the Subscription will be subject, where necessary, to an instalment payment based on the amount of liquidity on the chosen payment method.
3.4 On Demand Purchases
If the User has purchased a subscription and has fully utilized the expected number of credits, they may supplement the services included in the chosen subscription plan by purchasing additional credit packages on-demand. During the subscription process to the subscription plan, the User also authorizes any charges for on-demand purchases to be made on the card or other payment method entered during registration or at a later stage.
In specific cases and based on various promotions available on the site, the User may purchase packages consisting solely of messages. The purchases of messages does not entail any subscription for the customer; therefore, payment will only be made at the time of purchasing the desired package and only upon the customer’s request.
Packages purchased on-demand and not used during the validity period of the account will be forfeited, and they cannot be accumulated, transferred, or refunded.
The User can use the purchased On Demand packages for additional functions within the service. Depending on the type of package chosen, the corresponding number of credits/messages will be deducted accordingly. The User can check the number of credits/messages remaining at any time by accessing their profile.
3.5 The User acknowledges and agrees that HookMeNow reserves the right to propose different rates or free access to certain User categories, or in the event of particular commercial promotions that may be take place, even by means of dedicated codes and/or specific targeted marketing initiatives. This category of special offers includes the Plus promotional packages. With this type of package, the User is periodically entitled to have double amount of credits on a regular basis compared to the packages priced at 2,99€ and 4,99€. The price and payment methods for the various Services are constantly available on the HookMeNow Site and can be viewed prior to use of the Services to which the User wishes to subscribe, and prior to the use of the related Rate Plans.
3.6 The User on the Site shares Contents, and recognises and accepts that other Users can view and interact with those Contents. With our Services you can send messages and share information in various ways, such as through the User Profile, links, Status and messages. The information and content that the User shares or publishes can be seen by other users registered with the Site.
3.7 The User The User can search for other Users through the Search and Advanced Search functions. Advanced Searches are reserved for users who have signed up for a Subscription, and requires the selection of more than one parameter when searching for other Users.
3.8 The User acknowledges and expressly agrees to use the Site, any mobile applications and emails to receive important communications from HookMeNow. These GENERAL TERMS also apply to mobile applications. Furthermore, the User agrees that some additional information - such as Contents - may be shared with HookMeNow. The User acknowledges and expressly agrees that if the contact information provided to HookMeNow is not up to date, he/she may lose the aforementioned communications. The User agrees that HookMeNow may send notices in the following ways: (i) a banner notice appearing in the Services, or (ii) an email sent to an address provided by the User, or (iii) by other means, including the mobile phone number, landline phone or traditional mail. The User agrees to keep his/her contact information up to date.
3.9 The User acknowledges and agrees that if he/she infringes the law, third party rights or these GENERAL TERMS, HookMeNow may at its complete discretion suspend or interrupt provision of the Services to the User, close the User's account, prevent access to the Site or take any other action needed to protect HookMeNow's existing or potential rights and interests. Furthermore, HookMeNow reserves the right to cancel or suspend the User 's account if it is not used for more than six months. HookMeNow is not obliged to publish any information or content on the Services, and is entitled to remove such information at its sole discretion, with or without notice.
3.10 the Company reserves the right to delete the information and content that the User has published in breach of these terms and conditions. The Company reserves the right to suspend or interrupt the Services or change and modify them at its discretion. HookMeNow is not a data storage service. The Company reserves the right to delete Users' messages when 6 months have elapsed since their submission. The User accepts that the Company has no obligation to keep, maintain or provide a copy of any content or information that the User or other persons has provided in breach of these terms and conditions, except to the extent required by applicable law and as indicated in the Privacy Policy.
4. THE USER'S DECLARATIONS AND GUARANTEES
The User hereby declares and guarantees he/she:
5. LIABILITY
5.1 The User acknowledges and expressly accepts that:
The Company therefore does not make any representations or warranties to the User about, merely by way of example:
5.2 Without prejudice to cases of wilful misconduct or gross negligence, to the maximum extent permitted by law, the User acknowledges and accepts that the Company will in no way be liable to the User for any damages, losses, costs, charges and expenses, direct or indirect, including any legal costs, suffered and/or incurred by the User relating to what has been suffered by other Users and/or, in any case, relating to the Service pursuant to the GENERAL TERMS. Therefore, no compensation for damage may be requested by the User from the Company for any damage suffered in relation to the Service and will not be in any way liable to the User for any delays or breaches of its obligations in relation to the Services in the event that such delays or failures derive from Force Majeure causes.
5.3 The Company is not necessarily affiliated with any website to which links exist on the Site, and is not responsible in any way for the content of said websites. These links are created solely for the convenience of Users, and access to these sites is at the risk and peril of the Users themselves. A link from the Site to any other website does not imply that the Company endorses, supports or recommends that website in any way, or has any control over any aspect of that website's content.
5.4 The relations or communications made by the User through the Site with any third party other than the Company are deemed to be exclusively between the User and the third party. Some sections of the Site may provide links to websites that make it possible to effect transactions or purchase goods or services. These operations may be conducted by third-party partners or by vendors. Under no circumstances shall the Company be liable for any goods, services, resources or content made available through such relationships or communications with such third parties, or for any related damage. The User is wholly liable for carefully monitoring the practices and policies adopted by said third parties before entering into any transaction. Any complaints or questions raised by the User regarding materials or information provided by third parties must be sent directly to such third parties.
6. PRIVACY
The Company respects and protects the privacy of its Users.
The Company does not use your personal data for marketing purposes and/or sending commercial communications and/or direct sales without having obtained your prior express consent.
TheUser accepts that the Company reserves the right to access, store, use and process all information it provides in accordance with the terms of the Privacy Policy
7. TRANSFER
8. DURATION AND SURVIVAL OF CLAUSES
8.1 These GENERAL TERMS come into force from the Effective Date, will remain in force for a period of 1 (one) year from that date and will be automatically renewed for subsequent periods of one year each, unless one Party communicates to the other Party by registered letter with advice of receipt the User's intention not to renew the GENERAL TERMS at least 30 (thirty) days prior to the deadline for each renewal.
9. WITHDRAWAL
Without prejudice to Article 3.2.4, each Party may withdraw from these GENERAL TERMS at any time, by simple written communication to the other Party, giving at least 5 (five) days' notice. It is understood that, also in the event of withdrawal, the Company reserves the right to cancel or suspend the User's Profile. Upon withdrawal from these GENERAL TERMS by the User, the Company reserves the right to withhold the sums already paid for unused Rate Plans, without prejudice to the provisions of article 3.3 above.
In the event of withdrawal by the User, no refund can be requested for amounts already paid.
9.1 The User shall be entitled to a refund guarantee if, during the subscription period, the User has not had any contact with other users.
In order to be eligible for a subscription refund, the User must have complied with the following terms of service during the validity period of the subscription plan.
The conditions to be met to qualify for a refund request are as follows:
1. Have checked the mailbox daily and have read and clicked on the communications received by the service;
2. Have contacted members of the service via internal chat on a daily basis;
3. Have completed and updated the personal profile on the service at least on a weekly basis.
4. Have uploaded and updated the profile photo on a monthly basis.
The User who has respected these points mentioned above and has not interacted with other members of the site, will be qualified to a refund of the subscription.
Contacts are exchanges of messages through internal chat and any other type of interaction with other subscribers through the platform.
Requests that meet the above conditions can be sent to our customer care by writing in the subject "Refund Guarantee" via email. Our team will analyse the request and will provide a response.
10. TERMINATION
11. APPLICABLE LAW AND JURISDICTION
11.1 These GENERAL TERMS are entirely governed by Italian law.
12. AMENDMENTS
13. GENERAL CLAUSES
13.1 Any tolerance on the part of the Company towards the User's behaviour that breaches any provision of the GENERAL TERMS does not constitute a waiver of the rights deriving from the violated provision, nor of the right to demand the correct fulfilment of all the provisions contained herein.
13.2 Any failure or delay in exercising a right pertaining to HookMeNow pursuant to the GENERAL TERMS shall not be considered as a waiver of its rights.
13.3 The GENERAL TERMS contain the overall agreement reached by the Parties with respect to their subject matter, and they prevail over all previous communications, declarations and agreements, both oral and written, reached by the Parties.
13.4 If any term or other provision of these GENERAL TERMS is declared invalid, voidable or unenforceable, all other conditions and provisions herein will remain, in any case, fully valid and effective. If any term or provision is erased due to it being invalid, contrary to mandatory rules or unenforceable, the Parties undertake to negotiate in good faith and modify these GENERAL TERMS in such a way as to best achieve the original intention of the Parties in order to fulfil in the best possible way the commitments made herein.
13.5 HookMeNow and Users act in full autonomy and independence. The present GENERAL TERMS do not give rise to any relationship of collaboration, agency, association, intermediation or subordinate employment between HookMeNow and the Users.
14. UNFAIR CLAUSES
The User acknowledges and accepts that certain paragraphs of the GENERAL TERMS contain unfair clauses, including the points listed below and that, therefore, he/she must expressly accept during registration, pursuant to articles 1341 and 1342 of the Italian Civil Code: 2. Conclusion of the Contract; 3. The HookMeNow Services (in particular, 3.2, 3.3, 3.4, 3.5, 3.7, 3.8, 3.9, 3.10 and 3.11); 4. Declarations and Warranties of the User; 5. Duration and Survivalof Clauses; 9. Withdrawal; 10. Termination; 11.Applicable Law and Jurisdiction; 12. Modifications. The User is invited to carefully read the aforementioned clauses before concluding Registration on the Site, waiving any claim in relation to the abovementioned clauses, also by way of reimbursement or compensation.