Elitely (henceforth referred to as “the Platform” or “We” or “Us”) is a dating website with the browsing experience of social media, which offers pay-to-unlock chat and pay-to-unlock meet options. It also includes a feature for influencers/micro-influencers to chat and interact with their fans for a fee.
“Personality” and/or “Influencer” is henceforth referred as ”Service Provider”. “Lurker” is referred to as “User”, a user engaging the services under Elitely. “You” and/or “Your” collectively refers to all users on the Platform.
By using the service from the website, the you agree to be bound by these Terms of Agreement (“Terms” or “Agreement”).
Please read these Terms carefully as they govern your use of the Platform and contact us if you have any questions. By creating an account under these Terms or by accessing or using the service, you agree to be bound by these Terms.
Acceptance of Terms and Conditions
The Terms are an electronic contract that sets out the legally between you and the Platform. We reserve the right to modify these Terms at any time, without notice, and such modifications shall be effective immediately upon posting on the Platform. We are not obliged to, notify you with updates to the changes to the revised Terms. Your continued use of the Platform after such modifications shall constitute your acceptance of these modified terms and conditions. You are responsible to regularly review the Terms and your continued use of the Service after the posting of modifications to this Agreement will constitute your acceptance of the revised Terms. If you do not agree to the new terms and conditions, you are no longer authorized to use the Platform.
If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
To use the Platform, you must be at least eighteen (18) years old. By using the Platform, you represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into this agreement.
You cannot use the Platform if you are not at least eighteen (18) years of age and/or the age of majority and legal consent in the jurisdiction in which you live or reside and have the legal capacity to enter into this agreement.
Whilst the Platform requires all users or Service Providers to be at least eighteen 18 years old, we are not responsible or liable for any misrepresentations regarding a user’s age or for the unauthorized use of the Platform by a minor, even if we have taken reasonable steps to prevent such use, except to the extent required by applicable law, and to the best of our effort.
It is your duty to comply with, including but not limited to, this Agreement and all International and National laws, rules, by-laws and regulations.
- When a Service Provider makes or accepts a booking, they are entering into a contract directly with the User. The Platform is not and does not become a party to or participant in any contractual relationship between the User and the Service Provider.
- The Platform is not acting as an agent for any Service Provider except for payments where the Platform acts as a collection agent (via its payment processing providers Stripe and Transferwise). The Platform does not and is not liable for the conduct of User and Service Providers and do not guarantee:
- the existence, quality, safety, suitability, punctuality, or legality.
- the truth or accuracy of any listing descriptions, reviews, or other content provided by the Service Providers and User.
- You acknowledge that the Platform has no general obligation to monitor the use of the Platform and verify information provided by each User, but has the rights to review, disable access to, remove, or edit content to:
- operate, secure and improve the platform (including for fraud prevention, risk assessment, investigation and customer support purposes).
- ensure your compliance with these Terms.
- comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body.
- address your content that we determine is harmful or objectionable.
- maintain and enforce any quality or eligibility criteria, including by removing listings that do not meet the quality and eligibility criteria.
- You are solely responsible for your interactions with other members. You understand that the platform does not conduct criminal background checks on its members or otherwise inquire into the background of its members. The platform makes no representations or warranties as to the conduct or compatibility of members.
- You are solely responsible for any content, including without limitation, text, graphics, photos, videos, or other materials, that you post on or through the Platform (collectively, ”User Content”). You represent and warrant that:
- you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such User Content, as contemplated under these terms and conditions.
- neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- By posting or transmitting content through the Platform, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised (including in connection with the Platform and the Platform's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
- You agree to abide by the following content standards when using the Platform:
- You will not post any User Content that is defamatory, obscene, pornographic, abusive, or offensive.
- You will not post any User Content that promotes or facilitates illegal activities or violates any applicable laws, rules, or regulations.
- You will not post any User Content that infringes on any third party's rights, including without limitation, intellectual property rights, privacy rights, or publicity rights.
- You will not post any User Content that contains viruses, malware, or any other harmful code.
- We reserve the right, but not the obligation, to review and remove any User Content that violates these content standards or is otherwise inappropriate or objectionable.
In your use of the Platform, you agree to act responsibly in a manner demonstrating the exercise of good judgment. You agree and warrant that you will not:
- engage in activities that violate the service policy and objectives
- use the service or any information displayed within the service to harass, abuse, defame, threaten, stalk or defraud other users and Service Providers
- use the service for any unlawful purpose or encourage, promote, facilitate or instruct others to do so, or violate the privacy or other rights of other users
- use the service to cause nuisance or inconvenience, which include offensive, pornographic, sexually explicit, obscene, violent materials, or materials that are harmful in the personal profile of the service, or transmitting content to other users using the service
- post any content within the service that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- promote hate speech, threatening, sexually explicit or pornographic incites violence or contains nudity or graphic or gratuitous violence within the service
- include material in the personal profile page which contains images, photographs, audio or video of any person under the age of 18
- post, upload or transmit false, misleading or illegal information or content to the service
- impersonate any person or entity or post any images of another person without his or her permission
- create, control or possess more than one user account, or use a name that is not yours or any temporary email address or phone number or other false information, or we have already suspended or terminated your account, unless you have our permission
- send or receive fraudulent or potentially fraudulent funds
- collect, store, upload or publish any personal data or information or location about other users without their consent or other than in the course of the permitted use of the service
- provide false information or identification evidence to us upon request
- infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, in any manner
- use any mechanism to mask your identity or location
- imply or state, directly or indirectly, that you are affiliated with or endorsed by the Platform without express written permission
- use the services for any commercial or non-private use, such as the sale or advertisement of goods or services
- operate or attempt to operate a business via the service
- solicit, manage, organize, accept or engage in illicit activity, including without limitation, drug trafficking, gambling, money laundering, prostitution, human trafficking or escort services
- contact third parties or users of the service without their express prior written consent
- cause to attempt complaints, disputes, claims, chargebacks, fees, penalties or other liability
Credits and Payments
- The Platform utilizes a credit system for you to access certain features and content. You may purchase credits through the Platform using our designated payment methods, which include but are not limited to Stripe and/or Transferwise. The pricing for credits and payment methods may be subject to change at any time without prior notice.
- All credits purchased on the Platform are non-refundable and non-withdrawable, except in the case of technical errors or other issues as determined by us. The Platform’s decision shall be final and we shall be under no obligation to provide a full refund for payment received. You agree that any credits purchased are for your personal use and are non-transferable.
- You agree to provide accurate and complete billing information, including your legal name, address, telephone number, and credit card or other payment information as necessary. By submitting such payment information, you grant us the right to provide such information to third parties for purposes of facilitating payment.
- We may suspend or terminate your account or access to the Platform if we determine, in our sole discretion, that you have engaged in fraudulent, abusive, or other unlawful activity related to the Platform or our payment system.
We will evaluate such requests on a case-by-case basis, and we reserve the right to make a decision at our sole discretion. If a refund is granted, it will be in the form of credits on the Platform, and no cash or other refunds will be given. By using the Platform, you agree that our decision on any refund request is final and binding. However, for meetups between Users and Service Providers facilitated by the Platform, the following refund policy may apply at our discretion:
- A 30% credit refund is given if you cancelled the meetup more than 24 hours before the scheduled meet-up time. A 100% credit refund is applicable if the Service Provider did not turn up or when the Service Provider cancelled the meetup.
- If the cancellation is made less than 24 hours to the scheduled meet-up time, no refunds of credits will be made.
- In an event where the Service Provider is late, for instance, 15 minutes, he/she will stay 15 minutes more to compensate for the time gone, however no refund is applicable for this event.
By using the Platform, you agree to the above refund policy for meetups facilitated by the Platform. We reserve the right to modify the refund policy at any time, without prior notice. Any changes to the refund policy will be effective immediately upon posting on the Platform. It is your responsibility to review the refund policy regularly to ensure your continued acceptance of the policy.
In the event of a dispute between a User and a Service Provider, both agree to first attempt to resolve the dispute through good faith discussion. If the parties are unable to reach a resolution through discussion, the dispute may be referred to the Platform for resolution. The Platform will evaluate the dispute on a case-by-case basis and make a decision, which shall be final and binding on both parties. Both parties agree to comply with any decision made by the Platform.
We reserve the right to terminate or suspend your account or access to the Platform at any time, with or without cause, and without prior notice or liability without any liability or further obligation of any kind whatsoever to you or any other party. Upon termination, your right to use the Platform will immediately cease.
If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law.
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
THE PLATFORM IS PROVIDED ON AN “AS IS“ AND “AS AVAILABLE“ BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE PLATFORM. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree and acknowledge that your use of the service is at your sole risk. The Platform does not warrant that the service will meet your specific requirements or/and expectations.
The Platform takes no responsibility and assumes no liability for any user content that you or any other user or third-party posts or sends using our You understand and agree that you may be exposed to user content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Limitations of Liability
You acknowledge and agree that the Platform shall not be liable for any direct, indirect damages or losses, arising from the use of the service. To the fullest extent permitted by applicable law, in no event will the Platform, its affiliates, employees, licensors or You be liable for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- your access to or use of or inability to access or use the Platform
- unauthorized access, use or alteration of your content, even if the Platform has been advised of the possibility of such damages. In no event will Platform’s aggregate liability to you for all claims relating to the service exceed the greater of the amount paid, if any, by you to the Platform for the service and SGD 100 while you have an account. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms and conditions or your use of the Platform, including, but not limited to, your User Content, any use of the Platform's content, services, and products other than as expressly authorized in these terms and conditions, or your use of any information obtained from the Platform.
All content on the Platform, including without limitation the text, graphics, photos, sounds, music, videos, interactive features and the like (“Content“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to us, subject to copyright and other intellectual property rights under Singapore and foreign laws and international conventions. Content on the Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Platform and the Content. You may not use or reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform without our express prior written consent.
The Platform may contain links to third-party websites or resources. We are not responsible for the availability of these websites or resources or their content, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from these websites or resources. You agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party websites or resources.
Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with these terms and conditions shall be resolved, first, by means of arbitration. If parties are unable to reach an agreement by means of arbitration, the matter shall be adjudicated by the courts of Singapore.
If any provisions of these Terms are held by any Court of competent jurisdiction to be invalid or unenforceable in part, the remaining provisions of this contract of services shall continue in full force and effect.
Our failure to enforce any right or provision of these terms and conditions will not be deemed a waiver of such right or provision.
Our Platform is controlled and operated from Singapore and we make no representations or warranties that the Platform is appropriate or available for use in other locations. If you access or use the Platform from other jurisdictions, you do so at your own risk and are responsible for compliance with local law.
Any provision of this Terms that contemplates performance or observance subsequent to the termination of this Terms, shall survive any termination of this Terms and continue for such time as they may remain applicable.
If you have any questions or concerns regarding these terms and conditions, please contact us at firstname.lastname@example.org.
We require all users to provide accurate and up-to-date personal information, including their name, contact information, and age. We collect this information to verify the identity and eligibility of our users to use our services.
We take the privacy and security of your personal information seriously and implement reasonable measures to protect it. We will not disclose your personal information to any third party without your consent, except where required by law or to provide our services.