Terms & Conditions
Terms and Conditions
Sun City 50 Plus Club is a membership club for the over 50s age group. By registering as a member it will be deemed that users have read and agree to these terms and conditions.
1 Underlying Provisions
(1) All of the following provisions shall apply to the Internet project of the www.Suncity50plusclub.com – which is operated under various Internet domains belonging to Sun City Europe Ltd. (including, amongst others, www.suncity50plusclub.com and www.suncity-retirement-villages.com) – hereinafter referred to as “Sun City Europe”.
(2) These provisions define the terms and conditions under which Sun City 50 Plus Club is to be used. These General Terms and Conditions shall apply exclusively to all users of www.suncity50plusclub.com.
(3) By registering with www.SunCity50plusClub.com, the user confirms in a binding way that he/she has read and understood these General Terms and Conditions and agrees herewith. If he/she does not agree with these General Terms and Conditions, then he/she must forego registration. Persons who are not at least 48 years old may not use this service.
(4) Sun City 50 Plus Club is an Internet platform which provides users with information plus various products and services and facilitates establishment of communication with other parties. Unless expressly specified otherwise, all new offerings, which extend or improve the current services, including the offer of new services, shall be subject to these General Terms and Conditions. The services shall be offered with the layout and content considered to be suitable in each case by Sun City Europe, provided that they can be made available.
(5) Sun City Europe herewith reserves the right to temporarily or permanently change, interrupt or discontinue at any time individual or all services with or without informing users. User confirms his/her agreement that Sun City Europe shall not be liable vis-à-vis himself/herself or third parties for changes, interruptions or the discontinuation of individual or all services.
(6) As a rule, the Internet services shall be available 24 hours per day, 7 days per week. Sun City Europe shall endeavour to provide the greatest possible availability of the servers and therefore of the contents and stored messages, but cannot guarantee this or obligate itself to provide specific uptime performance levels.
(7) During the term of the Agreement, Sun City Europe cannot guarantee that contacts to other parties on the forum can be successfully made. Sun City Europe obligates itself only to attempt to facilitate such contacts, however, without guaranteeing the success of such efforts. As a consequence, Sun City Europe shall not be liable in case no contacts are made during the term of the Agreement.
(8) Each user shall exempt Sun City Europe from liability of any kind and from all obligations, costs and claims which may result from detriments due to defamatory statements, insults, invasion of personal privacy, non-availability of services for the user, damage to intangible assets or violations of other rights. All costs incurred by service provider and/or its executive personnel, directors, salaried employees, representatives and/or third parties in connection with the above for a reasonable legal defence and prosecution proceedings vis-à-vis third parties shall be at the expense of the user.
2 Privacy Policy
(1) The security and protection of user data are matters of particular importance for Sun City Europe. Sun City Europe shall comply with the UK statutory regulations regarding data protection, including but not limited to the Data Protection Act.
(2) In accordance with the Data Protection Act users are herewith informed that Sun City Europe stores user data in machine-readable form and processes such data by machine.
(3) Within the framework of the contractually agreed provision of services, some personal data is collected, stored, processed and utilised. This usually includes members names and email address. Data is electronically stored. Sun City Europe shall not disclose individual personal data to third parties.
(4) Upon user request, Sun City Europe shall provide complete information about stored data at any time and at no charge, insofar as such data relates to user. This information shall be provided in written form. The request for information must be submitted in writing to Sun City Europe Ltd, Glenwood, Maltmans Hill, Smarden, Kent TN27 8RF United Kingdom.
(5) Personal settings entered by user shall be stored. This ensures that each user’s personal settings are available for use during each new session (for each new log-on). To accomplish this, Sun City 50 Plus Club normally uses cookies. These cookies are permanently stored by user’s browser on his/her own hard disk. In order to prevent this, user can make corresponding settings in the browser.
(6) The user expressly agrees to receive Email newsletters. These newsletters are an integral part of the service and regularly inform user about current topics and new items in connection with Sun City 50 Plus Club. In addition, member-specific reports are also sent. The newsletter may be unsubscribed at any time using the link at the end of the respective newsletter.
(7) By completing registration, user agrees to the use of his/her data as described in the above provisions.
3 Completion of the Agreement
(1) User declares vis-à-vis Sun City 50 Plus Club that he/she is at least 48 years old.
(2) The Agreement shall become effective as soon as user has successfully registered himself/herself in Sun City 50 Plus Club.
4 Costs
(1) Registration and membership in Sun City 50 Plus Club is free, however there are limitations to the use of the club. In particular, only paying members (Full Members) are able to benefit from discounts offered in the club or within its services.
(2) At any time, users may upgrade their Free Membership to Full Membership by agreeing to the membership fees charged and supplying their method of payment details for monthly membership. Additional benefits are then automatically triggered.
5 Payment Terms
(1) Payment of the membership fees specified shall be made in advance without any kind of deduction to Sun City Europe. The amount shall be automatically debited from user’s bank account, charged to his/her credit/debit card through Paypal. If a Full Membership has been agreed, the payment interval shall be 30 days or a multiple thereof, depending upon the validity period selected.
(2) Upon registration and entry of the corresponding bank account or credit card data, user thereby grants Sun City Europe direct debit authorization for the direct debit procedure or credit card charging.
(3) Full Membership is automatically renewed at the end of each term until cancellation. The user may cancel Full Membership subscriptions at any time by cancelling the payment instructions with their bank or card.
6 User Obligations on the Sun City 50 Plus Club Forum
(1) Users of the forum in the Sun City 50 Plus Club shall be solely responsible for the content of their profile.
(2) Entry of sexual, pornographic, offensive, politically radical or other illegal content in profiles is prohibited.
(3) Profiles may not be entered for third parties.
(4) No commercial advertising may be made in profiles for one’s own purposes or for third parties. This shall apply, including but not limited to, advertising for other Internet offerings and for advertising for service telephone numbers subject to charge.
(5) Profiles may not be entered for the purpose of collecting Email addresses for commercial use from the expected responses thereto.
(6) User shall have no legal claim to publication of his/her contents.
(7) Publication of family names, addresses, telephone numbers, fax numbers, URLs, Email addresses, or other possibilities to establish contact in profiles, forums or any other method to enable contacts to be made without using Sun City 50 Plus Club is prohibited.
(8) Any photos submitted to the Sun City 50 Plus Club for publication within a dating profile must be current and permit identification of the corresponding user. The entire face must be visible. Under no circumstances shall Sun City Europe be liable for the violation of possibly existing copyrights of third parties to such image material.
(9) User shall be solely responsible for replies to a profile.
(10) Each user shall handle as confidential all Emails and other messages or other information from users which he/she receives in connection with the use of dating facilities within the Sun City 50 Plus Club and not make these available to third parties without the approval of their originator. The same shall apply to names, telephone and fax numbers, postal and Email addresses and/or URLs of other users. Forwarding of any kind of data of non-members is also prohibited.
(11) Entry of sexual, pornographic, offensive, politically radical or other illegal contents in replies is prohibited. In addition, the following actions are also prohibited: threatening or harassment of others, violation of the rights (including the rights to privacy) of others, or the promising or demanding of money or services of monetary value.
(12) No commercial advertising may be made in replies for one’s own purposes or for third parties. This shall apply, including but not limited to, advertising for other Internet offerings and for advertising for service telephone numbers subject to charge.
(13) Sun City Europe checks profiles using its available possibilities to ensure their compliance with these Terms of Use. However, Sun City Europe shall not accept responsibility for the content of the profiles.
7 Termination of the Agreement, Cancellation
(1) User shall have the right to cancel the concluded Agreement at any time. However, user shall not be entitled to a refund of the fees paid to Sun City Europe.
(2) Should user violate these General Terms and Conditions, then Sun City Europe shall be entitled to block user access or to completely delete the corresponding profile at any time. In cases of doubt, Sun City Europe shall have the final right of decision in determining the permissibility of the use in question.
(3) If user access is blocked due to a breach of this Agreement, then the unused credit balances shall be allocated proportionately to the period of use to date and the according balance for use be retained by Sun City Europe, together with a lump sum processing fee of £20 GBP for the prevention of a violation of the Agreement.
(4) Sun City Europe may take legal action under UK civil law, if user, deliberately or with fraudulent intent, enters incorrect information in any questionnaire. Such user action shall lead to immediate cancellation of the Agreement with no refund of any kind of the fee paid to Sun City Europe.
(5) All Sun City Europe user data shall be deleted upon termination of the Agreement.
8 Limitations of Liability
(1) Sun City Europe shall assume no liability whatsoever for detriments incurred by members making entries for third parties as a result of use of its Internet platform.
(2) Sun City Europe shall also assume no liability in cases in which the functionality of its Internet platform is interrupted, impaired or destroyed by force majeure, strike, lock-out, operational disruptions, or externally caused interference with its structures.
(3) Sun City Europe excludes any kind of guarantee of the functionality of its communication platform and makes no warranties regarding the correctness, suitability, dependability, timeliness or accuracy of the information entered therein.
(4) Sun City Europe shall not be liable for the unauthorized acquisition of knowledge of user personal data by third parties (for example, via unauthorized access by ‘hackers’ to the Sun City 50 Plus Club database).
(5) Sun City Europe shall also not be liable for the case in which data and information, which users themselves made available to third parties, are misused by such third parties.
(6) Sun City Europe shall assume no responsibility for a possible delay, deletion, mis-transmission or storage system failure during communication between users or in connection with personally designed sections.
9 Changes of the General Terms and Conditions
(1) Sun City Europe reserves the right to change the General Terms and Conditions.
(2) User confirms his/her agreement with the application of the modified General Terms and Conditions to agreements already concluded prior to the change, provided that Sun City Europe notifies user that a change has been made to the General Terms and Conditions, and user does not object to the change within a time limit of 7 days, with such time limit beginning on the day following the notification of change.
(3) The notification of change must contain, in addition to information regarding availability of the modified text, information again describing the possibility of and time limit for raising an objection, as well as information on the significance and consequences of failing to raise an objection. The notification of change will be sent to the Email address provided by the user.
10 Other Provisions
(1) All Sun City 50 Plus Club content is protected by copyright. Copying of its contents, including but not limited to, user profiles or Email addresses and publication in another form, without the written approval of Sun City Europe, are prohibited.
(2) Sun City Europe shall assume no liability for damages to computer systems or personal inconveniences and detriments to Sun City 50 Plus Club users, which are attributable to the viewing and use of Sun City 50 Plus Club, a response to a profile, fault of the Internet provider or hosting provider of Sun City 50 Plus Club, or the call-up of external links (including advertising banners).
(3) Sun City Europe shall be entitled to exclude users from further use of individual or all Sun City 50 Plus Club offerings without adherence to a time limit or specification of reasons therefore. Sun City 50 Plus Club may also refuse individual profiles.
(4) Should an excluded user nevertheless make use of the Sun City 50 Plus Club Internet offering, for example, by assuming a different identity, then Sun City Europe reserves the right to take legal action in response.
(5) Sun City 50 Plus Club is operated solely at the discretion of Sun City Europe. Sun City Europe shall be entitled but not obligated to check the content of any kind of text, as well as each uploaded image, for compliance with the guidelines on which these provisions are based and, if necessary, to change or to delete these.
(6) The laws of the United Kingdom shall govern the contractual relationships between the parties.
(7) The sole place of jurisdiction shall be United Kingdom.
(8) Should individual provisions of these General Terms and Conditions be or become invalid, then this shall not affect the validity of the remaining provisions of these General Terms and Conditions. The invalid or incomplete provision shall be replaced or supplemented by a provision that comes as close as possible to the originally intended economic result.