General Terms and Conditions and Customer Information
Be a part of LINDUU - Your membership with LINDUU
1. Who are we?
Hi, we are pleased to welcome you to our community.
"We" is the company Justlin Ltd (C 76729), of 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta, with VAT registration no. MT23533018.
By using our communication platform "LINDUU" (hereinafter referred to as "LINDUU"), we offer you the opportunity to contact other members of LINDUU via your mobile device or via our web version and to exchange information, provided that this is in compliance with the legal requirements and in accordance with our principles (in particular these GTC).
In this regard, we expressly point out that LINDUU is not a dating service.
2. What applies to us in general?
(1) These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to the busi-ness relationship between us and the users of the LINDUU communication platform offered by us in the version valid at the time of registration or placing of the order.
(2) LINDUU is aimed solely at consumers. Consumers within the meaning of these Terms and Condi-tions are natural persons who conclude the legal transaction for a purpose that cannot be at-tributed to their commercial or self-employed professional activity. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal ca-pacity who, when concluding the legal transaction, act in the exercise of their commercial or self-employed professional activity.
(3) The services offered by LINDUU are limited to the following contractual purpose:
• Our services may only be used for private purposes and personal use.
• Commercial use - of any kind whatsoever - is prohibited.
(4) Individual contractual agreements take precedence over these GTC. Deviating, conflicting or supplementary GTC shall not become part of the contract unless we have expressly agreed to their validity.
3. What is LINDUU about? Our terminology:
• “Services”: these are the services that we offer to you for use through LINDUU.
• "Coins": this is the internal virtual currency of LINDUU. Certain LINDUU services can only be used with the use of Coins. Coins are partly provided to the user free of charge. However, they can also be purchased for a fee (see also section 14 of these GTC).
• "Community": this refers to the entirety of all users of the LINDUU communication platform.
• "Moderators": These are employees appointed by us who can participate in the chat under several identities, in particular they can conduct dialogues with other users. It is not recognisable to you when another user is such a moderator.
We use these moderators for the following purposes:
• To ensure that you can use and enjoy our interactive entertainment features even if the number of other registered users is not optimal.
• Its purpose is to ensure that you and other users comply with the applicable rules governing the use of LINDUU.
When using the Shake function, such moderators are not displayed.
• "User" (or "you"): For the purposes of these GTC, a user is any person registered on the LINDUU communication platform.
• "Shake function": A different approach to a match function. Unlike previous communication platforms, nothing works with "swiping". Instead, thanks to our patented "Shake" function, you can display other users who are currently in your vicinity by simply "shaking" your mobile device; please refer to sections 6 and 12 paragraph 3 of these GTC.
4. Join Linduu - your (free) registration with us
(1) You must register before you can use our communication platform LINDUU. This is free of charge.
If you are an adult, natural person (private individual), you can register with us. Unfortunately, our services are not available to legal entities or natural persons who are minors.
Each natural person may only register with one (1) user account.
(2) Procedure of the registration process / conclusion of the contract:
• In order to register and thus become a member of our community, you must truthfully fill in all the mandatory fields marked accordingly in our registration mask and submit your registration by clicking on the "Complete" button.
In order to complete your registration, you must expressly agree to the applicable General Terms of Use of LINDUU.
You must also confirm that you are over 18 years of age.
• By completing your registration, you make a binding offer to conclude a contract for the use of the LINDUU communication platform.
• We will then send you an email with a confirmation link to the email address you provided during registration. Click on this confirmation link within 24 hours and you will be registered as a member of LINDUU and we will activate your user account.
• The acceptance of your offer and thus the conclusion of a contractual relationship for the free use of LINDUU is affected by the subsequent activation of your user account by us.
(3) We are happy to accept new members into our LINDUU community - however, there is no legal claim to registration and access to the services of LINDUU.
We reserve the right to check the information you provided during registration and to ask you for verification at any time. If your information is incorrect, we are entitled to block your access to your user account or to terminate the concluded user contract (see also section 7 of these GTC).
(4) As a (registered) user, you may use the free services offered by LINDUU and add chargeable services (see section 5, paragraph 1 and section II of these GTC).
5. What can we do for you? - Our rights and duties
(1) Once you have registered, the following LINDUU services will be available to you:
• Free services (without using Coins)
The following services can be used without the use of Coins. They are therefore free of charge in any case:
• Download LINDUU App is free
• Profile creation (upload photos, create profile text, select interests (e.g. football, travel, golf etc.), status (e.g. single, divorced etc.), also what you are looking for (e.g. relationship, friendship, nice chat)
• Search function, you have the possibility to search for users in your region, ac-cording to parameters that are already predefined, e.g. age, the first number of the postcode and the country (Northern Ireland, Scotland, England, Wales), whether you want to have a man, a woman or both suggested, whether online or not online (at the moment when you use the search function).
• Add to favourites, when you have found a profile, you can click on a heart symbol in the profile and this user will be added to your favourites.
• The game "Hot or Not" can be played for free (unlimited) but is only available via our web version https://linduu.uk/community/voting.
• Report users (report button), block users (the function can be found in the profile of the respective user).
• Contacting customer service via web version/ app/ email is free
• „Shake“ function: viewing users from the area is (unlimited) free and only available via the app.
• One poke (opportunity to make contact) a day is for free.
• Services, that require the use of Coins
The following services can only be used with the use of Coins
• Send messages (from user to user 5 Coins, if the message is over 300 characters, i.e. 301 then it is 10 Coins)
• Send friend requests (5 Coins)
• Send Poke (2 Coins)
• Send gifts (depending on the gift it can vary between 5 to 10 coins)
Coins can be obtained in different ways. In addition to free acquisition through e.g. promotions, acquisition for a fee is possible (cf. Part II. of these GTC below).
(2) We are the copyright owners of the database and the contents of LINDUU, which were created by us. We are exclusively entitled to all copyrights, trademark rights or other proprietary rights in the database, the contents, data and other elements. This shall not affect the rights of users to the content they have posted.
You may not use the data obtained via LINDUU, either in whole or in part, to create your own database or for commercial data exploitation or provision of information or for any other commer-cial use. The linking, integration or other combination of the database or individual elements thereof with other databases is not permitted.
(3) We make every effort to ensure the trouble-free operation of LINDUU. However, it cannot be ruled out that there may be functional undercharges, especially in the event of overload or technical malfunction. We will always endeavour to restore functionality as quickly as possible but cannot guarantee trouble-free operation. In this respect, we also refer to section 12 paragraph 1 of these GTC.
(4) Our platform must also be regularly maintained and updated. We are therefore entitled to take LINDUU offline in whole or in part, insofar as this is necessary for maintenance purposes and to carry out repairs and is also reasonable for you as a user.
(5) We are also entitled to change or discontinue individual LINDUU services. If this includes services for which you have already paid a fee, the corresponding amount will of course be refund-ed to you upon your request.
(6) If you remain inactive for a period of 180 days, we will contact you by email and request you to log in within a period of 2 weeks. If you do not log in within this period, we will terminate the con-tractual relationship with you in accordance with section 7 of these GTC.
(7) We have the right to transfer our rights and obligations from the user contract concluded with you to one or more third parties (transfer of contract). Of course, we will inform you of this in ad-vance so that you can terminate the contract before the takeover. Section 7 of these GTC applies to the termination.
6. How to use our chat or "Shake" function or play the "Hot or Not" game
You can find more information about this in our FAQ https://linduu.uk/en/faq.html or contact our support directly https://linduu.uk/community/messaging/chat/target/3 who will be happy to explain the function to you in more detail.
7. Your membership - duration, blocking of the user account and cancellation of the membership
(1) Your membership with us is free - it runs for an indefinite period.
(2) You can cancel your free membership at any time without giving any reason.
• To do this via our web version you can use the following link, then enter the email with which you created the account and an automatic email message with a confirmation link https://www.linduu.uk/community/profile/delete/ of the deletion will be sent to you, which you must confirm to confirm the effective deletion.
• Or by letter to Justlin Ltd, 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta.
• However, you also have the option to delete your user account via the app (iOS/ An-droid). This works as follows: Settings My account > Delete account > email will be sent Check your email inbox and confirm the link. If you have any further questions, please contact privacy@justlin.com.mt or use this link to our https://www.linduu.uk/en/privacy.html.
(3) If you use our services in an unlawful manner, we have the right to withdraw your access authori-sation or to refuse registration or to block the user's access temporarily, in whole or in part. You will be informed immediately by email of any withdrawal of access authorisation or rejection of registration as well as any blocking of access.
(4) We are also entitled to terminate the contractual relationship with you at any time. However, we will observe a notice period of 4 weeks to the end of a month.
(5) This shall not affect our right to extraordinary termination for good cause. Such a reason exists for us in particular if:
• you continue to breach the obligations set out in sections 8 and 9 of these GTCs despite being notified of such breach.
• you violate criminal law or there is a strong suspicion of such a violation.
• you use the information about other users obtained during your membership for advertis-ing purposes of any kind and/or for your own company or companies of third parties.
(6) In the event of termination, your account and your content and stored data records will be deleted, unless there is a legal obligation to store them or storage is necessary to protect our legitimate interests. In this respect, we refer to our Privacy Policy https://www.linduu.uk/en/privacy.html.
(7) If you still have a credit balance of coins at the time of termination of the contractual relationship, you can request a pay-out of the amount corresponding to this credit balance. The refund will be made to the same means of payment that you used for the deposit. If this no longer exists, you can inform us of another means of payment to which the refund should be made.
8. What you have to pay attention to! - Your rights and duties
(1) We are happy to make our services available to you. However, in order to be able to use them, you must ensure that the technical requirements for accessing LINDUU are met on your end de-vice - this applies in particular with regard to the hardware and software used, the connection to the Internet and the current browser software.
(2) In your own interest, we recommend that you use up-to-date virus protection software on your terminal device. We would like to point out that we are not liable for virus damage that could have been prevented by the use of appropriate software. In this case, the limitations of liability of these GTC apply in accordance with section 12 of these GTC.
(3) When registering, you must choose a username and an access password. You may not pass on this access data to third parties - you must also keep it secret.
If you become aware of any misuse of your access data, you must inform us immediately.
In the event of misuse, we are entitled to block access to the LINDUU services. The blocking can only be lifted upon the user's request.
You are responsible for any misuse of your user account for which you are responsible and must accept liability accordingly.
(4) If your personal data changes, you are obliged to update it immediately in your user account.
(5) The user account you have registered may only be used by yourself. It may not be transferred to third parties.
(6) When using the services offered by LINDUU, you must always comply with the applicable laws of your relevant jurisdiction, in particular the regulations for the protection of minors and the provisions of criminal law.
The same applies to the provisions of these GTC, in particular the provisions of sections 8 and 9 of these GTC.
You are prohibited from publishing, reproducing or transmitting to third parties any content within the scope of LINDUU that violates any applicable laws or these Terms and Conditions.
(7) In the event of a violation of applicable laws, we are entitled to forward the relevant information to the competent government authorities.
9. Rules and Customs - User content, prohibitions Content and Conduct
(1) "Content" means all data and information uploaded by users (in particular texts, images, files, graphics, figures or similar).
(2) The responsibility for all content within the meaning of paragraph 1, which is stored, published or transmitted by a user using the services of LINDUU, lies exclusively and without limitation with the respective user who has stored such content with LINDUU, published it or transmitted it via LINDUU.
(3) We do not control content that users store, post and/or transmit through their user account and therefore do not guarantee the accuracy, appropriateness or quality of such content.
There is also no verification of the authenticity of profile pictures.
(4) We store, publish and transmit the content entered by you and other users only for the duration of the contractual relationship and only for the purpose of fulfilling our service obligations. After termination of the contractual relationship, this data will be deleted unless there is a legal obligation to store it or if storage is necessary to protect our legitimate interests. In this respect, we re-fer to our data protection declaration https://www.linduu.uk/en/privacy.html (please refer to sec-tion 7 of these GTC).
(5) You are prohibited - as is every member of our community - from posting content on LINDUU that violates these Terms and Conditions, legal regulations, official orders or morality.
We will investigate any indications of such content and, after checking, take appropriate action.
(6) You - and any other member of the LINDUU community - are specifically prohibited from using the LINDUU services as follows:
• LINDUU may not be used to retrieve or distribute immoral or illegal content.
• No data, texts, images, videos, files, links, software or other content may be stored, published and/or transmitted that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racist or otherwise objectionable in accordance with the relevant statutory provisions or that may harm minors in any way, in particular that is pornographic, glorifies violence or is otherwise harmful to minors.
• No untrue facts may be stated or disseminated about natural or legal persons or a company, nor may such persons be harassed, insulted, threatened, defamed or otherwise caused dis-tress or embarrassment.
• The rights of third parties, in particular copyrights and ancillary copyrights, trademark rights, patent rights and other property rights as well as personal rights, may not be violated; this applies in particular to the storage, posting and transmission of images and videos in particular images of third parties, if these have not given their consent. The house rights of third parties must also be observed in this respect.
• No personal data about other users may be collected, stored or transmitted unless the per-sons concerned agree to it.
• No content may be stored, published and/or transmitted which the respective user is not authorised to pass on.
• No solicitation for gifts, money or donations may be made through LINDUU.
• Within the scope of the LINDUU services, it is not permitted to advertise the sale or purchase of goods or services or other commercial offers (i.e. offers against payment) or to invite oth-er users to do so; in particular, no advertisements containing premium rate numbers may be posted;
• In the context of LINDUU's services, it is not permitted to call for participation in a pyramid scheme.
• LINDUU must not be used to send spam or junk messages.
• Through LINDUU, no computer programs may be used for the automatic reading of data such as crawlers (spider, robot, bot);
• No applications may be executed that could lead to a change in the physical or logical struc-ture of the networks or that could disrupt the LINDUU system; these applications include, in particular, the use of viruses, Trojans, spam mails, hacking attempts.
• Users shall not store, post and/or transmit any material that contains software viruses, or any other information, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
• Access to LINDUU by other users must not be obstructed, restricted or prevented.
10. Release from liability
Have you posted something that violates the law or these terms and conditions? Then you need to take responsibility for it!
By completing your registration, you therefore indemnify us on first demand against any claims or demands of any kind whatsoever that third parties may make against us for infringement of their rights arising from content that you store, publish and/or transmit on LINDUU. This also includes re-imbursement of the costs incurred for legal defence (lawyer's fees and court costs). However, this is subject to the condition that you are responsible for this breach of contract in accordance with the statutory provisions.
11. Indications of infringements
It is important to us that our communication platform is used in such a way that everyone respects the rights of others. If you believe that your rights are being violated by the content of another user, we would like to ask you to inform us accordingly:
• by mail to service@linduu.uk or
• by post to Justlin Ltd, 10/2 Triq Lapsi, STJ 1267 St Julians, Malta.
12. Responsibility and limitation of liability
(1) We would like to offer you LINDUU and the services offered there at all times. Unfortunately, however, we cannot guarantee this. We therefore expressly point out that we are not liable for the uninterrupted availability of the system or for system-related failures, interruptions and malfunctions of the technical equipment and services of LINDUU for which we are not responsible. In particular, we shall not be liable for disruptions in the quality of access to the LINDUU communi-cation platform services due to force majeure or events beyond our control. These include, in particular, strikes, lockouts, lawful internal industrial action and official orders. Furthermore, this also includes the complete or partial failure of the communication and network structures and gateways of other providers and operators required for our own service provision. In this respect, we are also entitled to postpone the performance incumbent upon us for the duration of the impeding event plus a reasonable start-up period. We assume no liability for insignificant interruptions.
(2) We are only liable for LINDUU's own content.
To the extent that links provide access to other Internet sites, we are not responsible for the third-party content contained therein. We do not adopt these external contents as our own. If we be-come aware of illegal content on external websites, we will immediately block access to these sites.
Furthermore, we are not liable for content posted by you or other users. These solely represent your opinion or the opinion of the respective user.
(3) The use of the „Shake“ function is your own responsibility. You must ensure that you only shake or move your mobile device in such a way that it does not cause damage to itself or other prop-erty.
(4) In the case of slightly negligent breaches of duty, our liability - as well as that of our vicarious agents and legal representatives shall be limited to the foreseeable, contract-typical average damage according to the type of (service) performance. In addition, we shall not be liable in the event of a slightly negligent breach of immaterial contractual obligations. We are, however, liable for the violation of your essential contractual legal positions. Material contractual legal positions are those which we have to grant you as our contractual partner according to the content and purpose of the contract of use concluded with you. We shall also be liable for the breach of ob-ligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which you, as a user of the LINDUU communication platform, may also rely.
We expressly point out that the above limitations of liability do not affect claims to which you are entitled from product liability and/or warranty. Furthermore, the limitations of liability do not apply in the event of fraudulent intent and/or injury to your life, body or health attributable to us, or in the event of intentional or grossly negligent breaches of duty.
(5) Unless expressly agreed otherwise, we do not give you any guarantees.
13. Other
(1) The law of the Republic of Malta shall apply. This choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the user has his habitual residence. The provisions of the UN Convention on Contracts for the Inter-national Sale of Goods shall not apply.
(2) The contractual language is English.
(3) We are obliged to inform you that the European Commission provides an online platform for online dispute resolution. You can access this via the following link: https://ec.europa.eu/consumers/odr. Our relevant email address for this is: privacy@justlin.com.mt.
Furthermore, we would like to point out that we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
II. Join with a Coin - Services that require the use of coins
14. Purchase of Coins
Coins can be obtained in the following ways:
• You can buy coins via LINDUU
• You can get Coins for free via daily coupon codes that we offer on our social media chan-nels.
• You can earn one (1) Coin per day by logging into your user account - but please note: only a maximum of 25 Coins can be accumulated in this way; further Coins can only be earned by logging in again when you have accumulated less than 25 free Coins on your user account.
• You can earn Coins by participating in promotions or coupons that our support team will share with you via LINDUU's messaging feature.
15. Purchase of Coins / conclusion of a contract for a service subject to a charge
(1) As a registered and logged-in user, you have the option to purchase Coins via LINDUU. The order of Coins or Coins Packages constitutes a binding offer to conclude a contract for the purchase of the ordered Coins or Coins Packages.
(2) There are two different ways in which you can get our offers of Coins Packages, we briefly explain this here for you.
• You can either do this via our web version using this link: https://linduu.uk/community/billing > click on “Purchase Coins” > select payment provider > select package > enter details/ confirm GTC and payment guidelines of the selected payment provider > pay > confirmation email (payment provider) is sent
• Or via App Android/ iOS it works as follows: Main menu > Settings > Purchase coins > Select package > Enter/confirm details > Pay > Confirmation email (payment provider) is sent
You can cancel the entire order process at any time by closing the Internet browser, provided that the payment process has not yet been completed.
(3) The payment provider will immediately send you a confirmation of your purchase by email.
(4) The contract for the purchase is concluded depending on which case occurs first with your payment order, the receipt of this order confirmation or the crediting of the Coins or Coin Packages to your user account.
(5) The text of the contract will be saved by us and sent to you together with the legally effective General Terms and Conditions by email after conclusion of the contract.
16. Terms of payment
(1) The prices and other charges stated are binding. They are final prices including the statutory value-added tax.
(2) You can pay the purchase price via the payment methods shown in the offer.
17. Offset and right of retention
(1) Please note that you only have the right to offset if your counterclaims have been legally estab-lished, recognised or not disputed by us. Of course, this does not apply to your contractual and other claims arising from the initiation or execution of this contractual relationship or due to claims for reversal after revocation of the contract in accordance with the European law.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
18. Revocation policy and revocation form
(1) Revocation policy
Consumers - a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity may revoke their contractual declaration in the case of contracts against payment under the following conditions:
Revocation policy
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (Justlin Ltd. 10/2 Triq Lapsi, STJ 1267 St. Julians, Malta, email: service@linduu.uk , telephone: +356 270 289 47 by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model revocation form for this purpose, which is, however, not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of exercising the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the revocation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided for in the contract.
(2) Model revocation form
Revocation form
https://linduu.uk/revocation-linduu-uk.pdf
(If you wish to cancel the contract, please complete and return this form).
- To Justlin Ltd. 10/2 Triq Lapsi, STJ 1267 St Julians, Malta or via email to service@linduu.uk
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Purchased on (*)/received on (*)
- Name of the consumer
- Address of the consumer
- Signature of the consumer (only in the case of notification on paper)
- Date
_______________
(*) Delete where inapplicable.