RACHAEL AND SMITH CONSULTING LIMITED
Terms & Conditions
1 DEFINITIONS

The following expressions shall have the following meanings:

1.1        “R&S” means Rachael & Smith Consulting Limited of 11/F, AIE Building, 33 Connaught Rd Central, Central;
1.2        “Client” means any person who purchases Services from “R&S”;
1.3        “Services” means the agency services as described in the agreement.
1.4        “Privacy Policy” means the policy adopted by R&S governing the storage and use of the Client’s personal data;
1.5        “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed upon in writing by R&S;
1.6        “Agreement” means the contract between R&S and the Client for the provision of the Services incorporating these Terms and Conditions.



2 GENERAL

2.1        These Terms and Conditions shall apply to the Agreement for the supply of Services by R&S to the Client and shall supersede any other documentation or communication between parties.
2.2        Any variation to these Terms and Conditions must be agreed upon in writing by R&S.
2.3        By entering into an Agreement with R&S, the Client accepts the Terms and Conditions in their entirety through their continued use of the Services.
2.4        The Agreement shall be created upon completion of the registration process.
2.5        R&S reserves the right to refuse a Client’s application for provision of the Services.
2.6        Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which R&S may be entitled in relation to the Services, by virtue of any statute, law or regulation.



3 ELIGIBILITY

3.1        Clients must be aged 18 or above to register for Services.
3.2        Clients must be single, widowed, divorced or legally separated to register for the Services.
3.3        Provision of incorrect information in respect to the eligibility criteria will lead to immediate termination of the Services without refund of any fees paid.



4 SERVICES

 4.1        R&S may vary the Services, without notification to the Client, to take changes in legislation or industry practice into account or to enhance or protect the nature and quality of the Services.
4.2        The Services shall commence on the date specified on the agreement and continue until terminated by either party according to the terms of this Agreement.
4.3        Dates given for the commencement of the Services are estimates only. Time for commencement shall not form an essential part of the Agreement and R&S shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.
4.4        R&S Services provided take the form of an introduction service between registered clients, allowing the Client to contact other registered clients. R&S does not guarantee the success of any introduction or the suitability of any contacts made by the Client through the use of the Services.



5 CLIENT OBLIGATIONS

5.1        The Client is responsible for the accuracy of all information supplied by them to R&S and R&S accepts no responsibility whatsoever for any inaccuracies howsoever arising.
5.2        The Client confirms not to be aware of any medical, criminal, legal, ethical or physical reason why they are unable to form a conventional relationship unless such impediment has been declared to the Agent in advance.
5.3        The Client confirms that the contents of all personal information supplied to R&S is true and accurate in all respects and that the Client has never been convicted of a serious criminal offence.



6 R&S OBLIGATIONS

6.1        R&S shall provide the Services as specified in the following:
    6.1.1 Personalized consultation to determine the key qualities and other criteria of the eligible candidate;
    6.1.2 Provision of a personality test and personal styling advice;
    6.1.3 Pre-screening of candidates to gauge their interests and preferences;
    6.1.4    Search for potential matching candidates;
    6.1.5 Coordination with potential matching candidates and date setup and confirmation;
    6.1.6 Dating and relationship advice to the extent requested by the Client as deemed appropriate by R&S;
    6.1.7    Post-date follow-up and advice.
6.2        R&S shall use all reasonable means to ensure that introductions to the Client fall within the category of persons specified by them on the agreement but will not accept responsibility if any such person introduced to the Client does not fall within such category nor will R&S accept any responsibility for any occurrence as a consequence of any meeting with or relationship formed with any such person as a result of such introduction.
6.3        R&S shall maintain all personal information supplied in the strictest confidence and in compliance with the Personal Data (Privacy) Ordinance, except for matching purpose.
6.4        If R&S becomes aware of any activity that is in breach of any of these Terms and Conditions or any applicable law or regulation, or in the event that the rights of R&S or a third party are infringed R&S may, at their discretion:
    6.4.1    issue a warning to the offending party;
    6.4.2    issue a ban to the offending party;
    6.4.3    report the offending party to the relevant authorities or take legal action against the offending party.



7 DATA PROTECTION

7.1        All parties to the Agreement are bound to comply with the provisions of the Personal Data (Privacy) Ordinance.
7.2        The Client is responsible for the accuracy and reliability of any content supplied by them and must have authority to disclose such content to R&S in order that they may use it to fulfil the Services.
7.3        R&S will provide potential matches with basic details about you in order to perform the service, matching service.



8 TERMINATION AND REFUND POLICY

8.1        The Client is entitled to a three-day cooling off period after payment during which time the Client has the right to cancel this Agreement.
8.2        The date search process begins once the Client has paid. A refund of 70% is available during the cooling off period.
8.3        After the cooling off period, before the first date, a refund of 50% is available.
8.4        The package is non-refundable after the first date/dinner/event has been arranged.
8.5        The Agreement shall continue until all the matches have been executed or end of membership validity period, whichever comes first, or until terminated by either party in accordance with these Terms and Conditions.
8.6        R&S may terminate this Agreement without prior notice if R&S has reasonable grounds to suspect the Client has provided information that is untrue, inaccurate, out of date or incomplete, or, if the Client has failed to make any payment to R&S due in terms of this Agreement, or, if R&S suspects that the Client has failed to comply with the guidelines for etiquette and protocol.
8.7    R&S may terminate this Agreement with notice of 15 days if the Client has unreasonable demands about the Services delivered. R&S has discretionary power to determine what is considered unreasonable but shall provide evidence to the Client together with the notice.
8.8        The Client may terminate the Agreement in writing on giving R&S 30 days notice.



9 LIMITATION OF LIABILITY

9.1        R&S will have no liability for death or personal injury as a result of any negligence, breach of contract or otherwise, by any of it’s employees, agents or other parties involved in the Services.
9.2        None of the exclusions or limitations set out in these Terms and Conditions shall affect any rights the Client may have as a consumer or by statute.
9.3        With the exception of the conditions stated in clauses 9.1 and 9.2 R&S shall, in the event of any breach of these Terms and Conditions, be limited to damages which shall in no circumstances exceed 50pct of the price of the Services and R&S shall not be liable for any indirect, incidental or consequential loss or damage whatsoever.



10 INDEMNITY

10.1    The Client shall indemnify R&S against all claims, costs and expenses, which R&S may incur and which arise directly, or indirectly from the Clients’ breach of any of its obligations under these Terms and Conditions.



11 FORCE MAJEURE

11.1    Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.



12 ASSIGNMENT

12.1    The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of R&S.



13 THIRD PARTY RIGHTS

13.1    Nothing in these Terms and Conditions intends to or confers any rights on a third party.



14 WAIVER

14.1    The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.



15 NOTICES

15.1    Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Application Form or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proven, be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.



16 DISCLAIMER

16.1    R&S is a premium, personalized matchmaking service. Members are selected following a face-to-face consultation and a review of personal information submitted. R&S does not guarantee selection to any applicant and reserves the right to refuse anyone these services. R&S offers a variety of services but not all of these services will be suitable, and therefore made accessible, to individuals. Payment of the fees does not guarantee that R&S will undertake to assist you in your search for a suitable partner. Applicants will be accepted only if R&S is satisfied that there is a reasonable probability that its service can be effective. However, there is no express or implied warranty that a life partner can or will be found. Results will vary.
16.2    A face-to-face interview and review of personal information does not qualify as a background check. R&S does not offer this level of stringency.
16.3    It is possible that other Members or users of the Service may attempt to provide, disseminate, communicate, or transmit offensive or obscene content and materials and that the Client may be involuntarily exposed to such offensive content or materials. In the unlikely event of such an occurrence, R&S does not and cannot accept responsibility or liability for such acts of others in violation of this Agreement.
16.4    It is also remotely possible for others to obtain personal information about you as a result of your use of the service, and that the recipient may use such information to harass and injure you. While R &S will do its best to maintain the confidentiality of all personal information and membership data, R&S is not responsible for the use of any confidential personal information inadvertently disclosed by R&S Team or disclosed by R&S as required by the law, or confidential personal information that you disclose while a member and/or while you use the service. Please carefully select the type of information you voluntarily disclose or release to other members and other persons. R&S specifically disclaims any and all liability, regardless of the form of action, for the acts or omission of other members and/or users (including unauthorized users and/or third parties of the service.
16.5    If the Client uses (a) service(s) provided by Participating Partners providing a third party service, the Terms and Conditions of such other service provider / partner shall apply. R&S will not be responsible for third party’s products or services.
16.6    Members are responsible for following all rules and guidelines, including compliance with the above ‘Terms and Conditions’, requests and matching follow-ups made by R&S to the member. Should the member choose to not follow the rules and guidelines of R&S, the member hereby agrees that R&S cannot be held responsible for that member’s failure to find a suitable date/partner. Without limiting the foregoing, R&S does not guarantee that members will attend a date or that members will find a partner.
16.7    Memberships are non-transferable between individuals. R&S will not grant an extension of memberships and/or related services under any circumstances. R&S has a no refund policy (see clause 8 of these terms and conditions), which is applicable to membership fees, mixers or any service or products R&S provides, unless otherwise specified in these Terms and Conditions. Any deposits paid are non-refundable. R&S has the right to refuse service to anyone.
16.8    R&S does not pay for photos submitted. R&S is not responsible for photos, which are lost, stolen, or copied/downloaded unlawfully/unethically. Photos that are sent to us via mail are not returnable. Submitting a photo and application does not guarantee membership acceptance, nor does it guarantee a match with a suitable partner. Professional photos taken very recently are encouraged. A referral to a photographer or any service, company, individual or website by R&S for any service/product, does not guarantee acceptance for/receipt of that service/product.
16.9    By signing up or contacting R&S, you automatically grant us permission to subscribe you to our free newsletter/notification emails. To unsubscribe, please give us notice in writing.
16.10    You will be matched with members who are perceived to be a good match for you, based on the information you have provided and our perception of your likely suitability, but we cannot guarantee ‘chemistry’. We will only ever introduce you to members who have declared that they are genuinely free and looking for a new relationship.



Rachael & Smith Consulting Limited – Terms and Conditions