Terms of use

General Terms and Conditions

Article I - Scope of Application

The following General Terms and Conditions of Business and Use (hereinafter: GTC) are integral to all contracts between Liberty Mobile Ltd, 14, Triq il-Madonna tal-Gebla, Gzira, GZR 1565, Malta. Liberty Mobile Limited registered C68295 in the Maltese Trade Register, VAT Identification Number: MT22401921 (hereinafter referred to as Liberty Mobile Ltd) and users of Liberty Mobile Ltd. service (hereinafter: Service) under the domain name www.privateexperience.com (hereinafter referred to as: 'Internet Platform') has been created.
This GTC define the terms and conditions of Liberty Mobile Ltd. provide services with claim to exclusivity, even if the domain internet platform is accessed from outside the Federal Republic of Germany. Unless Liberty Mobile Ltd. explicitly agrees to their validity in writing in individual cases.
The services offered by Liberty Mobile Ltd. based on these General Terms and Conditions shall only be offered for private purposes to end customers within the scope of § 13 BGB (German Civil Code) (hereinafter: User(s)).
Using the services provided by Liberty Mobile Ltd. requires the User's consent to the applicability of such GTC. Without an agreement with the validity of such GTC, the (new) registration of a User cannot take place. In the registration environment, the user is asked whether he/she agrees to these GTC. The user is then asked whether he/she agrees to the GTC. By checking the box, you respect those terms and conditions.
People who are under the age of eighteen are not allowed to use the services provided by Liberty Mobile Ltd.
The General Terms and Conditions of Liberty Mobile Ltd. and User shall only be valid if their inclusion is specifically and effectively referred to in the course of the conclusion of future individual contracts if a business relationship already exists between Liberty Mobile Ltd. and the User.

Article II - Services of Liberty Mobile Ltd.

Liberty Mobile Ltd provides a contact portal on the Internet via the provided Internet platform and provides the Users with a database with profiles and knowledge of other Users in order to enable the Users to brief each other about alternative Users, to get to know those Users and exchange text messages (hereinafter: chats) with other Users. After successful registration, Liberty Mobile Ltd activates its own user profile for the user and provides the user with the necessary webspace free of charge.
Some of the services offered by Liberty Mobile Ltd on the Internet platform are subject to a fee. To exchange chats with other users, the author of a chat message requires so-called credits, which can be purchased separately via the Internet platform. Additionally, users will only be able to view/access the complete profile(s) (including all published pictures and other content) of other users after the initial purchase of paid credits. Without the paid purchase of credits, the user only receives access to user profiles of other users with limited content. With the exception of the chat function and the complete activation of other users' profiles, the use of the services of Liberty Mobile Ltd is free of charge.
After completion of the initial registration of a User, the access data (consisting of user name and password) shall be sent to the User via e-mail with the activation of the user profile and three credits shall be credited once free of charge (hereinafter: Free Credits), with which the User can test the chat function. After the user has used up the granted Free Credits, the remaining use of the chat function requires the prior, chargeable purchase of further credits.
Liberty Mobile Ltd cannot guarantee successful contact mediation, in particular the mutual exchange of chats and the establishment of physical appointments between Users, and shall not be liable if no contact is established between Users.
Liberty Mobile Ltd reserves the right to create and manage its own user profiles. In order to do this, these are fictitious user profiles, which are managed by animators and with whom no physical appointment is likely to take place.
Liberty Mobile Ltd is always entitled to discontinue the offered services in whole or in part. Users who have a paid, unused service entitlement (credit balance) for Liberty Mobile Ltd services at the time of configuring the services through Liberty Mobile Ltd shall receive a pro-rata refund of the unused service entitlement (credit balance).

Article III - Registration

The use of the services provided by Liberty Mobile Ltd requires prior registration on the Internet Platform. The User may perform the free registration by filling in the registration form or by using the connect functions of desired third parties (e.g., Facebook Connect). A successful registration is only conceivable within a complete, truthful, and correct indication of the obligatory information requested within the framework of the registration form. In the environment of registration using the third-party Connect Functions, various facts from the relevant profiles of the User are transferred to the database of Liberty Mobile Ltd. When registering via the Connect Function, the User agrees to the appropriate terms and conditions of the third-party supplier and consents to the transfer of the submitted facts to the database of Liberty Mobile Ltd.
By registering for a user profile, the user confirms that he/she has reached the age of 18 and the information provided or taken over from third-party providers is true. In case of incorrect information provided during the registration process, the user is responsible for it, Liberty Mobile Ltd reserves the right to block the concerned user profile.
The User shall be given the opportunity to freely choose a public visual user name in the course of the registration process, subject to the following restrictions. Each username will be assigned only once, in such a way that there is no quality to the activation of a user profile under a specific username. The User undertakes to observe the applicable laws and (name) rights of third parties within the selection of the username and not to choose a racist, discriminatory or extreme-political username.
When Liberty Mobile Ltd is notified regarding a possible violation of the rights of third parties, especially the right to a name, or the violation of applicable law by choosing a specific username, Liberty Mobile Ltd reserves the right to immediately block this username and the associated user profile until the User proves to Liberty Mobile Ltd his/her right to use the name in an appropriate manner or until the User chooses an available and legal username.
The User is not entitled to create more than one user profile - for example by using all kinds of e-mail addresses - or to determine his/her identity by pretending to be someone else. The right to receive a credit of three free credits in accordance with Article II No. 3 Sentence 1 of such GTC is limited to the first registration of a user with a user profile and an IP address connected to it.
The User Profile is limited to one User, is non-transferable and may not be shared with additional people. The User is obliged to keep his password secret and not to allow any third party, especially minors, to access his user profile and the services of Liberty Mobile Ltd. intentionally or negligently. The User shall be liable for the secrecy of the access data provided to him.
The User shall be obliged to immediately inform Liberty Mobile Ltd. if he/she becomes aware that third parties have knowledge of the access data provided to him/her. Liberty Mobile Ltd. will reset the access data and assign a new password.

Article IV - Contract Conclusion, Prices, Terms of Payment

By completing registration, the User makes an offer to conclude a contract for the use of the free services provided by Liberty Mobile Ltd under the terms of these GTC. Liberty Mobile Ltd. accepts the offer by activating the User's profile. The free-of-charge services include the provision of the necessary web space for the installation and entertainment of a specific user profile as well as the granting of access/recognition to/restricted third-party profiles.
Additionally, Liberty Mobile Ltd offers the users a chat function for which a fee is charged. In order to exchange chats with other users, the author of a chat message needs so-called credits, which can be purchased separately via the Internet platform. Furthermore, with the initial purchase of chargeable credits, the user receives unrestricted access/view to/of the third-party profiles of other users. For each chat message, the credit balance of the authoring User will be charged with the credits necessary to send the chat. Liberty Mobile Ltd shall certainly inform the User prior to the respective use of chargeable services that these very services are chargeable or credits are required for the use of the appropriate functionality and what fees are incurred for this. The appropriate final prices - including VAT and other price components - for the purchase of Credits as well as the equivalent value of the Credits (as the number of Chats to be written with the respective Credits) shall be clearly and explicitly shown to the User prior to the final purchase. Liberty Mobile Ltd is entitled to change the prices for the purchase of credits at unspecified times in the future. Credits acquired now and their respective equivalent value shall remain unaffected by an adequate price adjustment.
The user shall enter into a paid contractual relationship for the purchase of credits by entering his/her payment information and confirming the purchase of the number of credits selected by him/her by clicking on the 'Click here for paid purchase' field. Upon completion of the payment or order process, the purchased credit balance will be credited to the user and the user can dispose of the credit balance to use the chat function.
The user may also choose to make use of the other paid-for offers, either trial or subscription. The user accepts the payment by clicking on the confirmation that is offered in this case. The exact fees and conditions of these services appear in the course of the activation of the service.
A free- or trial promotion does not guarantee a free usage after the end of the limited-term period. Users have to pay the price that was indicated in the advertising of the free- and trial promotion for the time after the end of the promotion. Free- and trial periods may be terminated at any time until their limited-term end date. If they are not terminated within this period the agreed price must be paid for the time following, in advance.
The user may also choose to make use of the other paid-for offers, either trial or subscription. The user accepts the payment by clicking on the confirmation that is offered in this case. The exact fees and conditions of these services appear in the course of the activation of the service.
A free- or trial promotion does not guarantee a free usage after the end of the limited-term period. Users have to pay the price that was indicated in the advertising of the free- and trial promotion for the time after the end of the promotion. However, the card holder will never be charged more than the amount for which he agreed at the time of subscription. Free- and trial periods may be terminated at any time until their limited-term end date. 24h before the expiration of the trial period the client will be informed by email that the trial period will expire. If trials are not terminated within this period the agreed price must be paid for the time following, in advance.

The Card Holder immediately receives a confirmation email informing him about the details of his subscription:

• site name
• subscription price
• duration of subscription
• connection identifiers
• date and time of renewal
• price of the renewal
• duration of the extension
• Customer e-mail
• unsubscribe link

Credit purchases will not be refunded as a matter of principle. Excluded from the above exclusion of refund are unavoidable claims of the User on the basis of occurred reversal relationships (for example as a result of revocation or withdrawal from the contract). Credits have no monetary value outside the internet platform operated by Liberty Mobile Ltd and may not be resold or traded. All Credits expire automatically and lose their value during the User's termination of this Agreement or the User's deregistration from Liberty Mobile Ltd. services.

Article V - Right of Withdrawal, Right of Withdrawal Exercise Information

Information on Exercising the Right of Withdrawal

Right of withdrawal

The withdrawal period is 14 days from the day of the contract signing.
To exercise your right of withdrawal, you must notify us, Liberty Mobile Ltd, 14, Triq il-Madonna tal-Gebla, Gzira, GZR 1565, Malta (e-mail: support@mailercare.com) by means of a clear statement (e.g., a letter sent by post or an e-mail) of your decision to withdraw from this contract. For this purpose, you can use the attached model withdrawal form, which is notwithstanding not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you cancel this contract, we must return to you all payments that we have received from you, including the delivery costs (with the exception of further expenses 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 the notification of your cancellation of this contract has been received by us. We will use the same means of payment for this repayment that you used in 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 start at the time of withdrawal, in this way you shall pay us a reasonable amount corresponding to the proportion of the Services provided in this way or in this manner up to the time you notify us of the exercise of the right of withdrawal in the matter of this Contract, compared to the total amount of Services provided for in the Contract.

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Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back)

- To: Liberty Mobile Ltd., 14, Triq il-Madonna tal-Gebla, Gzira, GZR 1565, Malta

E-mail: support@mailercare.com

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service _________________________________________________________________________________________________________
- (Name of the product/ service, if applicable order number and price)______________________________________
- Ordered on (*)/received on (*): ______________________________________________________________
- Name of the Consumer(s):____________________________________________________
- Address of the Consumer(s):____________________________________________________
- Signature of the consumer (s) (only for notification on paper):_______________________________________________________________
- Date:_________________________________

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(*) Delete as appropriate

Article VI - Terms of Use

The user assures that he is over 18 years old and therefore of legal age. Additionally, the user assures that he/she is legally fit. Upon request, the user will prove his legal age by submitting a copy of his passport or identity card.
The User is obliged to inform Liberty Mobile Ltd immediately about any change of his personal data, which is required for the fulfillment of the contractual service.
The User is obliged to treat chat messages, e-mails, and additional reports or alternative knowledge of Users, which he/she receives in connection with the use of Liberty Mobile Ltd. services, as confidential and not to make them available to third parties without the consent of their author. The same applies to the personal information of other Users, in particular, their names, telephone, and fax numbers, home and e-mail addresses.
The User is obliged to use the services offered by Liberty Mobile Ltd. for confidential purposes only. Any kind of commercial and/or industrial use is expressly prohibited. The prohibition of commercial use specifically includes the advertising of goods or services.
The User undertakes to refrain from anything that may interfere with the trouble-free operation and uninterrupted accessibility of the services of Liberty Mobile Ltd.
Furthermore, the User undertakes not to misuse the services provided by Liberty Mobile Ltd. in particular,

1. to distribute defamatory, racist, (child) pornographic or otherwise illegal material;

2. to force other users or to harass them in any other way not chosen by them or to violate the rights of other people;

3. to send mass messages;

4. not to store infected files, software, or additional facts in the user profile or otherwise distribute them through the offered services;

5. not to store any information or material (data, texts, graphics, etc.) in the Users' profile or otherwise distribute it through the offered services, which violates intellectual property rights of third parties and/or for which the User cannot prove sufficient rights of use.

user shall ensure in all respects that the materials and content he/she posts via the offered services of Liberty Mobile Ltd do not violate applicable law; do not contain (child) pornographic, racist or extreme political content, and do not contain any promotion of illegal narcotics and other illegal stimulants.
furthermore, the user assures that he has all necessary rights of use and exploitation with regard to the materials and contents distributed by him.
Liberty Mobile Ltd is not able to monitor all user profiles for potential infringements with reasonable efforts. For this reason, Liberty Mobile Ltd. shall have no obligation to check or monitor whether the User Profile and/or the content of reputable materials violate the rights of third parties. This obligation is incumbent only on the User, who is likewise only liable for any conceivable claims by third parties. The User is merely responsible for ensuring that the content (data, text, graphics, etc.) provided by him/her is formally admissible and does not violate the rights of third parties.
The user shall grant Liberty Mobile Ltd a transferable, unrestricted, spatial and temporary license to the content provided by him/her (data, texts, graphics, etc.) within the scope that is necessary to execute the contract.
user indemnifies Liberty Mobile Ltd from all expectations of a third party due to infringement of rights in connection with the contents and materials (data, texts, graphics, etc.) known by the user.
irrespective of feasible civil and criminal consequences for the user, the intentional or superficially negligent violation of these same terms of use shall entitle Liberty Mobile Ltd to terminate the contract without notice for good cause. In addition, Liberty Mobile Ltd. reserves the right to assert claims for damages.

Article VII - Deregistration, Cancellation, and Blocking

1. The User is entitled to deregister at any time without giving any reason. Cancellations can be made quickly via a functionality on the Internet platform, in writing, or by e-mail. Upon receipt of the User's deregistration request, Liberty Mobile Ltd is entitled to irrevocably and permanently remove the User's profile and all information posted by the User. The deregistration terminates the contractual relationship.
2. With the cancellation, the User renounces the paid services not yet used, i.e. any credit balance shall be forfeited with the cancellation of the User and the User shall not receive any refund of the payments made for any credit balance, unless he/she can claim a refund for any other legal reason.
3. In the case of a culpable violation by the User of the Terms of Use set forth in Article VI, Liberty Mobile Ltd reserves the right, with regard to the interests of the other Users and in the interest of taking into account the legal provisions, to terminate the User without notice after prior warning, to block the User's access and to remove the User's profile in individual cases or in its entirety. In the event of a culpably caused termination on the part of Liberty Mobile Ltd by the User, which has been preceded by a warning via Liberty Mobile Ltd, all credits acquired free of charge as well as against payment shall expire without replacement.

Article VIII - Liability

Liberty Mobile Ltd is not responsible for successful contact mediation via the offered services. Contacting is beyond the sphere of influence of Liberty Mobile Ltd. and takes place only with the mutual consent of the users concerned.
Liberty Mobile Ltd shall not be responsible for the truthfulness, accuracy and completeness of the data provided by Users in the course of the matching User Profile and shall not assume any responsibility or liability for User Content published or transmitted by Users through the offered Services. Users acknowledge that they may be exposed to User Content that may be false, offensive or inappropriate for minors.
Liberty Mobile Ltd shall not guarantee the uninterrupted accessibility of the Internet Platform and the services provided therein at any time. Any liability of Liberty Mobile Ltd. for disturbances, failures and interruptions due to force majeure or events beyond Liberty Mobile Ltd's responsibility is excluded.
Liberty Mobile Ltd shall be responsible for the recovery of knowledge only if the User has taken all necessary and reasonable data backup precautions and has ensured that the data material can be reconstructed with reasonable effort from data material that is kept available in machine-readable form.
Liberty Mobile Ltd shall be responsible for pragmatic negligence to an unlimited extent only in the course of injury to life, body or health and within violation of an essential contractual obligation. Alternatively, the liability of Liberty Mobile Ltd is limited to the amount of foreseeable, contract-typical damages. This also applies to material and immaterial (consequential) damages, which are based on an accidental or technically caused, faulty transmission of knowledge. The provisions of the Product Liability Act shall remain unaffected by the foregoing controls.

Article IX - Data Protection

Liberty Mobile Ltd is committed to the security of the personal facts of the Users and undertakes to comply with all relevant provisions of the Data Protection Law during the operation of the Portal. All clauses and agreements regarding the handling of personal information are the content of the Privacy Policy available here.

Article XI - Amendment of the GTC

Liberty Mobile Ltd shall reserve the right to constantly change, modify, extend or delete parts of such GTC at its own discretion and to announce such adjusted GTC in the course on the Internet platform in due time in advance, stating the date on which the adjusted GTC shall become effective. This shall not apply if the modification is unreasonable for the user(s), for example, if the modification affects a service that is already booked and subject to charges and the modification would be to the disadvantage of the user. The adaptation shall thereupon be deemed approved if the User does not object to the adaptation within a period of six weeks from the notification of the adaptation by e-mail to support@mailercare.com, whereby Liberty Mobile Ltd shall explicitly draw attention to the right of objection and the consequence of a failure to object in the adaptation notification. If the User does not agree to the adjusted version of the GTC, his/her right to use the Services shall terminate at the moment the adjusted GTC becomes effective and the User shall be obliged to refrain from using the offered Services thereafter.
Liberty Mobile Ltd shall be entitled to modify the GTC if: i. the modification is only beneficial for the User(s); ii. the modification is purely technical or due to a system process unless it has a significant impact on the User; iii. Liberty Mobile Ltd is not entitled to modify the GTC due to mandatory legal requirements. is obliged to make adjustments due to mandatory legal requirements, such as within the change of the applicable legal situation; iv. insofar as Liberty Mobile Ltd introduces alternative performance unless the existing user relationship is thereby modified to the disadvantage of the User(s).

Article XII - Final Provisions, Online Dispute Resolution

Additional provisions have not been agreed upon. The contractual relations of the contracting parties shall be governed by Maltese law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws.
In case of ineffectiveness or partial ineffectiveness of one of the clauses of such General Terms and Conditions, the effectiveness of the remaining provisions shall remain unaffected thereby.
Online Dispute Resolution according to the terms. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS) to services, which you can find at http://ec.europa.eu/consumers/odr/.

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