This is a legal agreement (“Agreement”) between you and Pratify INVITELECOM LIMITED (“Pratify”), which may be contacted at Rooms 05-15, 13A/F., South Tower, World Finance Centre, 17 Canton Road, Tsim Sha Tsui, Kowloon Hong Kong/China. By accessing the Pratify mobile applications ,the Pratify website, currently located at www.Pratify.com (the “Site”), and using any of the Services (as defined below) accessible through the Site and mobile applications, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site, applications or Services. IF YOU DO NOT AGREE TO BE BOUND BY THESE CONDITIONS, DO NOT USE THE SITE, MOBILE APPLICATIONS OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
The Pratify services consist of the following, without limitation: a service for people, interactive content and community services, any premium services offered by or on behalf of Pratify. Pratify 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. Pratify also reserves the right to cease offering any of the Services.
This Agreement is subject to change by Pratify in its sole discretion at any time, with or without notice. Your continued use of this Site, mobile applications or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions.
1. Eligibility. 1. Minimum Age. You must be at least 13 years old to use the Site or the mobile applications (or the age of majority in your jurisdiction, if it is older), and at least 13 years old to register for the Services. Other Services may have other age requirements for all or a portion of such Services, and such other age requirements are stated on such Services or portions thereof.2. Criminal History. By requesting to use, registering to use, and/or using Pratify, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. Pratify DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Pratify reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection.
2. Use of Site, Mobile Applications and Service. As a user of the Site or the Mobile Applications or a user registered to use any of the Services (a “Registered User”), you agree to the following: 1. Exclusive Use. Your account is for your personal use only. You may not authorise others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Pratify is not responsible for third-party access to your account that results from theft or misappropriation of your user names and passwords. 2. Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users through the Services. 3. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating.4. Reporting of Violations. You will promptly report to Pratify any violation of the Agreement by others, including but not limited to, Registered Users. 5. Content Removal. Pratify reserves the right, but has no obligation, to monitor the information or material you submit to your profile. Pratify will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third-party.6. Posting and Communication Restrictions. You will not post on your profile, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site, the Mobile Applications or through the Services, that:1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;2. is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site, the Mobile Applications or Services;3. is defamatory, inaccurate, abusive, profane, offensive, sexually oriented, or otherwise objectionable;4. contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;5. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);6. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;7. intended to defraud, swindle or deceive other users of the Services;8. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;9. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;10. disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;11. is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site or the Mobile Applications;12. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;13. solicits gambling or engages in any gambling or similar activity;14. uses s cript s, bots or other automated technology to access the Site, Mobile Applications or Services;15. uses the Site, Mobile Applications or Services for chain letter, junk mail or spam e-mails;16. collects or solicits personal information about anyone under 18; or17. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.8. No False Information. You will not provide inaccurate, misleading or false information to Pratify or to any other user. If information provided to Pratify or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Pratify of such change.9. No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site, Mobile Applications or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk e-mail, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Pratify, but that the amount of such harm would be extremely difficult to ascertain.10. Unique and Bona Fide Profile. As a Registered User, you will create only one unique profile. In addition, your use of the service must be bona fide educational purposes in order to maintain the integrity of the service. Not all registered users are available for practicing. From time to time, Pratify may create test profiles in order to monitor the operation of the Services.11. No Harassment of Pratify Employees or Practicers. You will not harass, annoy, intimidate or threaten any Pratify employees or Practicers engaged in providing any portion of the Services to you.
3. Proprietary Rights. 1. Ownership of Proprietary Information. You hereby acknowledge and agree that Pratify is the owner of highly valuable proprietary information, including without limitation, the patented compatibility matching system, compatibility profiles, and relationship questionnaires (collectively, “Confidential Information”). Pratify owns and hereby retains all proprietary rights in the Services, Mobile Applications and the Site, including but not limited to, all Confidential Information.2. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.3. Other Users’ Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Pratify or third-party proprietary information available via the Services, Mobile Applications or the .4. License to Posted Content. By posting information or content to any profile pages, you automatically grant, and you represent and warrant that you have the right to grant, to Pratify and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programmes on the Site or Mobile Applications (e.g., rating of user photos or profiles by other users) in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programmes. By your voluntary participation in such features or programmes, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programmes.
4. User Information. 1. Privacy Statement. For information about the collection and possible use of information and material provided by you, please click on Pratify’s Privacy Statement located on the Site or the Mobile Applications. By using the Site, Mobile Applications or the Services, you are consenting to the terms of Pratify’s Privacy Statement.2. No Contact Information. You agree that you will not post any e-mail addresses, personal website address or profile page you may have on a third-party website, or other contact information in the “My Profile” section. You may, at your discretion, exchange such information after you reach the “phone call” phase with the tutors.3. Disclosure By Law. You acknowledge and agree that Pratify may disclose information you provide if required to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Pratify’s, or a third-party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.4. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Statement, Pratify reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, Pratify suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Pratify, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Pratify is permitted to make such disclosure.5. Use of Anonymous Information for Research. By using the Services, you agree to allow Pratify to anonymously use the information from you and your experiences through the Services to continue Pratify’s research into successful relationships and to improve its Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
5. Links to Third-Party Websites / Dealings with Advertisers and Sponsors. The Services may contain links to websites of third-parties, including without limitation, advertisers, which are not under the control of Pratify, and Pratify 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 websites. Pratify provides these links to you only as a convenience, and the inclusion of any link does not imply that Pratify endorses or accepts any responsibility for the content on such third-party websites. 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 advertisers or sweepstakes sponsors. You agree that Pratify 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 Pratify with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services. Please visit our Privacy Statement to learn more about how we use your information.
6. Disclaimer of Warranty. 1. No Guarantees. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Pratify PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES, MOBILE APPLICATIONS OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Pratify DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. Pratify DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.2. Third-party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Pratify, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Pratify DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Pratify. UNDER NO CIRCUMSTANCES WILL Pratify BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.3. Beta Features. From time to time, Pratify may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Pratify’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
7. Limitation of Liability. 1. Incidental Damages and Aggregate Liability. IN NO EVENT WILL Pratify BE LIABLE FOR ANY INCIDENTAL, PERSONAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMMES, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Pratify KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL Pratify’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, MOBILE APPLICATIONS OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT.2. No Liability for non-Pratify Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Pratify BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, PERSONAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.3. Information Verification. Pratify and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Pratify and its contractors will have no liability to you arising from any incorrectly verified information.
8. Indemnification. You agree to indemnify, defend and hold harmless Pratify, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Site, Mobile Applications or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations. Pratify reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pratify in asserting any available defenses.
9. Complaints / Law Enforcement Contact. To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the Help link located at the bottom of any page of the Pratify website or in the Settings sections of the Mobile Applications.We will answer your enquiry in 48 hours (on business days).
10. Communication and Privacy. We may use your e-mail address and your mobile phone numbers to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone, in order to communicate with you regarding the Services. If you do not want to receive such e-mail messages, please refer to our Privacy Statement to review your options.
11. Term and Termination. This Agreement will become effective upon your acceptance of the Agreement by your use of the Site, Mobile Applications or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Pratify may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Pratify reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to Pratify by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under “Subscription.” Following any termination of any Registered User’s use Service, Pratify reserves the right to send a notice thereof to other Registered Users which whom you have corresponded.
12. Cancellations and Refund Policy. 1. Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription by accessing the “Account Settings” page under the “My Settings” option on your membership home page, clicking on “Cancel My Subscription” or “Close Account” link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. 2. Pratify users may end their subscription without paying and anytime they wish.3. Credits for which you have paid are available for 6 months and at the end of this period your credits will expire.
13. Withdraw Policy.3rd parties do not handle payouts or withdrawals in any capacity.
14. Tariffs. Pratify calls cost as shown on the site or on the Mobile Applications.INVITELECOM LIMITED may change fees at any time without notice.The invoice will be issued on the same day as your credit payment.
15. General Provisions. 1. Controlling Law and Jurisdiction. You agree that Hong Kong and United States laws (without giving effect to its conflicts of law principles) will govern this Agreement, the Site, the Mobile Applications and the Services and that any dispute arising out of or relating to this Agreement, the Site, the Mobile Applications or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in the Hong Kong or United States. You acknowledge and agree that any violation of this Agreement may cause Pratify irreparable harm, and therefore agree that Pratify will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Pratify may have for a breach of this Agreement.2. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Statement located on the Site or on the Mobile Applications, and any applicable payment, Additional Services terms, comprise the entire agreement between you and Pratify regarding the use of this Service, superseding any prior agreements between you and Pratify related to your use of this Site, Mobile Applications or Services (including, but not limited to, any prior versions of this Agreement). The FAQs found on the Services are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of Pratify to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
16. Digital Millennium Copyright Act Notice. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Pratify’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing: 1. An electronic or physical signature of a person authorised to act on behalf of the copyright owner;2. Identification of the copyrighted work that you claim is being infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Site; 4. Information reasonably sufficient to permit Pratify to contact you, such as your address, telephone number, and e-mail address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorised to act on behalf of the owner. The above information must be submitted to the following DMCA Agent: Designated Copyright AgentINVITELECOM LIMITEDRooms 05-15, 13A/F., South Tower, World Finance Centre, 17 Canton Road, Tsim Sha Tsui, Kowloon Hong Kong/Chinasupport@pratify.com (only DMCA notices will be accepted at this e-mail address. All other inquiries or requests will be discarded)