(last amended on 23 March 2020)
The following General Terms and Conditions define the terms under which the be2 Service, run by be2 S.à.r.l. of 13 rue du Commerce, L-1351 Luxembourg (hereinafter "be2"), is to be used.
By registering with be2 the customer recognizes that he/she has read and accepts the be2 General Terms and Conditions. The General Terms and Conditions are therefore an integral part of the contract.
The General Terms and Conditions apply exclusively for all be2 customers, regardless of the country of registration or use of the services. If the customer has differing terms and conditions, these are not accepted.
No person under the age of 18 is permitted to use the be2 services.
1. Subject matter of the contract
(1) The subject matter of the contract between the customer and be2 may include both free and paid services. Before a paid service is used, the customer must be notified that the service in question is provided at a charge and informed of what payments will be due upon purchase. The services offered by be2 include the following (see also "3. Scope of the be2 service"):
- the performance of a personality test;
- the processing of individual test results on the basis of details supplied by the customer during the personality test. This provides the customer not only with valuable information about him/herself but also with a description of his/her ideal partner;
- the inclusion of the customer on the be2 database and administration of his/her data;.
- the facilitation of contact with other be2 customers.
(2) The subject matter of the contract between the customer and be2 does not include the arrangement or brokerage of marriages or any form of continuous and recurring service contract based around the immediate creation of partnership or marriage.
(3) be2 offers its service exclusively for private purposes. By registering, the customer undertakes to use this service exclusively for private purposes and not for commercial ones.
2. Use of the be2 service and conclusion of the contract
(1) The be2 Service may only be used once registration has taken place. Registration via the be2 iOS App requires the prior download of the App via the Apple iTunes App Store. Registration via the be2 Android App requires the prior download of the App via the Google Play Store. During registration, the customer selects a user name by which he/she will be introduced to the other be2 customers and a personal password. Alternatively, the customer may be automatically allocated a "code" by be2 instead of a personally selected user name. Providing an e-mail address has the sole purpose of aiding contact between be2 and the customer; this e-mail address will not be passed on to other be2 customers.
(2) By registering, the customer agrees to these General Terms and Conditions and warrants that he/she is of age, i.e. at least 18 years old.
(3) Upon registration, an initial (free) contractual relationship, to which these General Terms and Conditions apply, comes into existence between be2 and the customer.
(4) By purchasing a paid service, the registered customer then enters into a second contractual relationship with be2, separate from the registration (known as "Premium Membership"), to which these General Terms and Conditions also apply. Before the second contractual relationship is concluded, the customer will be informed of the paid nature of the service as well as the relevant prices and payment methods applicable. This second contractual relationship for paid services comes into existence when the customer accepts the payment obligation by clicking the confirmation button on the relevant web / App page.
(5) The Customer must ensure the truthfulness of the details given during the registration and later during purchase and payment.
(6) be2 reserves the right to block any customer's access to the be2 service if he/she uses the service in a manner that is illegal or breaches the obligations laid out in these General Terms and Conditions. However, blockage of access for the above reasons shall have no effect on the blocked customer's obligation to pay for the service purchased. In such an event, any amount up to AUD350 already paid to be2 will not be refunded but retained as a penalty. be2 also reserves the express right to demand a flat-rate penalty of up to AUD350 from customers who have paid no amount or an amount lower than AUD350. This will not prevent the assertion of any claims for greater losses actually incurred.
3. Scope of the be2 Service
(1) The be2 Service begins with a personality test following registration. This test consists of a series of questions, which have been selected and developed from a psychological perspective, to be answered by the customer.
(2) be2 creates individual test results for the customer in electronic form on the basis of the customer's responses. These test results are sent to the customer.
(3) Furthermore, the customer's responses, the test results based upon the responses and other personal details are recorded in the be2 S.à.r.l. database, where they are compared with the data from all other be2 S.à.r.l. customers. The comparison is based on a mathematical algorithm (a set of rules for calculation) that allows statements to be made about the compatibility of two customer profiles.
(4) As a result of this comparison with the data from other be2 customers, the customer receives a list of the other customers who match him/her the best; these customers are presented in the form of anonymous abridged profiles.
(5) The customer may then only contact the other be2 customers who have been recommended to him/her. In principle, be2 only allows direct contact to be established between the customers if both customers are in mutual agreement. Such mutual agreement can be established if a customer sends his/her anonymous abridged profile to the other customers whom he/she has selected (referred to as "establishing contact"). This other customer can then decide if he/she would like to reply or not. Where a customer responds to the contact request of another customer, this is also deemed to be "establishing contact" within the meaning of these General Terms and Conditions. The communication between the be2 customers takes place over be2's internal communication system.
(6) The ability to establish contact and send messages is in principle subject to payment, provided that nothing to the contrary is agreed on conclusion of the contract.
(7) This ability to establish contact and send messages via be2's internal communication system can be purchased by the customer for a contractually stipulated period (known as the "contract duration").
For the purposes of calculating this contractually stipulated period, the word "month" does not mean a calendar month but the period between a specific calendar day and the same day of the following month (e.g. 15 February to 15 March). Where the final month of a period calculated on a monthly basis lacks the relevant day, the period ends at the end of the final day of this month (e.g. a three-month period starting on 30 November ends on 28 February of the following year).
(8) Prior to accessing paid services, the customer will be explicitly informed that there is a payment obligation.. The charges due, the scope of the services and the relevant payment methods applicable are explained during the purchase of the paid service. The customer may use the paid services once the payment process is complete and full address details have been given.
(9) be2 cannot guarantee the accuracy of the details given by be2 customers in the personality test.
be2 cannot guarantee that contact will be successfully established during the contract duration, provided that nothing to the contrary is expressly agreed on conclusion of the agreement.
(10) The service provided by be2 is available 24/7 in principle. Availability rates are 99.5% on a yearly basis. That is excluding downtime for maintenance or software updates, and excluding factors that are out of be2’s control such as unavailability of internet services where a third party is to blame, or force majeure. be2 recommends its customers to use the latest (browser) technology and to apply the right browser settings (activate Java script, cookies, and pop-ups) for the best be2 experience. When outdated or non-standard technology is used, be2 cannot guarantee proper operation of all services and features.
(11) The customer acknowledges and agrees that all content uploaded by him to the be2 website/App is available for all customers for approach within their list of recommended contacts. This is applicable regardless of the matter that other customers may have registered for the services provided by be2 S.à.r.l. via other websites/Apps of be2 S.à.r.l. or via cooperation partners. Reciprocally the customer also enjoys the benefits of this central be2 S.à.r.l. database for the services provided which are available via different domains, within the list of contacts recommended to him.
4. Messages between customers and be2
(1) Messages from be2 to the customer are sent either via on-screen displays after "Login", i.e. when the client has entered his/her user name (or alternatively the Code allocated to him/her) and password, or via e-mails to the e-mail address provided by the customer during registration or currently stored by the customer in his/her profile.
(2) Messages from the customer to be2 are sent by e-mail to the e-mail address specified on the be2 website (e.g. [email protected]), by letter or by fax. If contacting be2 by letter or by fax, for the purposes of unique authorization and protection against misuse, it is absolutely necessary that the customer at the very least specifies his/her be2 -registered e-mail address, the country whose be2 Service he/she is using and his/her user name (or alternatively, the Code allocated to him/her) in his/her messages to be2. If contacting be2 by email, for the purposes of unique authorization and protection against misuse, it is absolutely necessary that all e-mails sent from the customer to be2 must be sent from the e-mail address provided by the customer during registration or currently stored by the customer in his profile.
5. Liability of be2
(1) be2 is not liable for the accuracy of the details provided by be2 customers during the personality test. It follows that be2 is also not liable for the accuracy of the test results generated or the customer profile comparison; this is because the generation of the test results and customer profile comparison are fundamentally based upon the details provided.
(2) Direct contact is only established between be2 customers following mutual agreement (see 3. (5)). be2 is therefore not liable in the event that no such contact is established within the duration of the agreement. However, be2 endeavors to mediate contact between the be2 customers by providing the technological means to this end.
(3) be2 is not liable for the misuse of data and information as the possibility exists, despite its explicit prohibition (see also "6. Customer's obligations"), that customers may use the be2 Service in an improper or illegal manner. Furthermore, be2 is not liable in the event that information made accessible to a third party by the customer him/herself is is misused by this third party.
(4) be2 makes no guarantee that the service will operate properly at all times, i.e. that it will be constantly available without interruption. In particular, be2 is not liable for faults in technical equipment or in the quality of access to the service due to force majeure or events beyond the control of be2 (e.g. failure of communication networks).
(5) be2 is not liable for unauthorized attainment of personal customer information by third parties, e.g. in the form of access to the database by hackers.
(6) For other losses that occur due to causes other than those stated above, be2 shall only be liable in cases of intent and gross negligence on the part of its executive bodies, employees and vicarious agents, and this liability is proportionate to other causes contributing to the loss.
(7) be2 is only liable for slight negligence in the event of injury to life, body or health or in the case that it has breached material contractual obligations. Liability in the latter case is limited to foreseeable, direct losses typical to this type of contractual relationship.
(8) Liability is otherwise excluded.
6. Customer's obligations
(1) The customer is responsible for all details he/she provides. He/she must ensure that the details he/she provides are truthful and describe him/her personally. The customer undertakes to refrain from willfully presenting data from third parties as his/her own. Willfully false details or details made with fraudulent intentions, in particular providing the bank or credit card details of a third party without their consent, can carry legal consequences (see also 6. (6) below).
The customer undertakes to keep the details provided to be2 up to date, in particular his/her contact details and payment information.
be2 is entitled, but not obliged, to investigate the content of profiles, including uploaded images, for compliance with the law in general, with these General Terms and Conditions and with the rules specified by be2 on the relevant web or App pages and, if necessary, to reject, modify or even delete the content in question.
(2) The customer undertakes to furnish no information that he/she is not explicitly requested to provide. In particular, this applies to names, residential addresses, e-mail addresses, web addresses, telephone numbers and fax numbers.
(3) The customer undertakes to treat other be2 customers' data (in particular names, residential addresses, e-mail addresses, web addresses, telephone numbers and fax numbers), e-mails and other forms of correspondence that he/she obtains in connection with his/her use of the be2 Service with confidentiality; he/she also undertakes to refrain from making these accessible to third parties without the consent of their originator. It is forbidden to pass on the data of non-customers as part of the be2 Service.
(4) The customer warrants that he/she has no commercial intentions and will refrain from using the information entrusted to him/her for commercial purposes or purposes that breach the contract. The customer undertakes to send messages to other be2 customers for no purpose other than that of personal communication and in particular not for the purposes of advertising or tendering goods or services. The customer also undertakes to refrain from sending "chain mail" or similar.
(5) The customer shall not misuse be2 and in particular shall refrain from using the be2 Service in order to
- distribute defamatory, objectionable, pornographic or otherwise illegal material;
- threaten or harass others and/or violate their rights;
- to pledge or demand money or payment in kind.
The customer also undertakes
- not to upload any data containing a virus (infected software) to be2;
- not to upload any data to be2 containing software or other material that is copyright protected or protected by other commercial property rights unless the customer is the owner of the rights in question or has obtained the consent necessary to use the software or materials from the holder of the rights;
- not to use the be2 Service in such a way that the availability of be2 offers to other customers is negatively affected;
- not to intercept e-mails or make any attempt to do so.
(6) If the customer does not comply with any one of the obligations set out in 6. (1) to (5), this may lead to be2 terminating the contractual relationship and access to the be2 Service being immediately blocked. Any pecuniary claim by be2 against the customer remains unaffected by this (for further details on this, see also 2. (6). Furthermore, be2 reserves the right to initiate civil or criminal proceedings against the customer.
(7) If the customer uses the be2 Service in conjunction with business interests or uses the details and data entrusted to him/her for commercial purposes, he/she shall be obligated to pay a contractual penalty of AUD2,500 for each proven contravention, without prejudice to any claim for damages.
(8) The customer undertakes to hold be2 harmless against all proceedings, loss, demands or claims for damages that may arise during his/her registration for and use of the be2 Service. In particular, the customer shall indemnify be2 against any liability and all obligations, expenses and claims resulting from losses due to malicious gossip, insult, defamation and violations of personality rights by other customers, due to non-provision of services for customers or due to the violation of intellectual property rights or other rights by customers. Furthermore, the customer shall indemnify be2 against all liability and claims arising from a breach of these General Terms and Conditions by the customer.
(9) The customer is expected to open and respond to the messages that he/she receives at regular and appropriate intervals and, if necessary, file these on his/her own computer or another storage medium.
be2 is entitled to delete messages stored in the customer's account once a period of twelve (12) months following their send or receipt has elapsed, even without consultation or notice.
be2 is entitled to delete customers who have not used the free be2 Service for more than six (6) months from the be2 database, even without consultation or notice. On the one hand, this measure helps to protect the customer's data as, after this period has elapsed, be2 will be forced to assume that the customer is no longer interested in the storage of his/her data; on the other hand, the measure serves to keep the be2 database free of inactive customers, thereby improving the service offered by be2.
7. Information on data protection, data processing and cookies
Our privacy statement can be found here: https://www.be2.com.au/info/privacy-statement
8. Termination; Extension of the contract; Cessation of the service
When discussing termination, a strict distinction must be drawn between the free contractual relationship that comes into existence upon registration and the paid contractual relationship that comes into existence upon purchase of a paid service.
The customer is entitled to terminate the free contractual relationship with be2 at any time without stating his/her grounds for doing so. The termination of this free membership will become effective when the link "Deactivate profile" under "Settings" is followed on the be2 website/in the respective be2 App. The uninstalling of the App does not delete the profile.
be2 is entitled to terminate the existing free contractual relationship with the customer following a 14-day notice period. The right to terminate for good cause or to block a customer remains unaffected by this.
The paid contractual relationship (known as a "premium membership") purchased via the website must be terminated at least 14 calendar days before the respective duration of the contract expires or, if another period was specified upon purchase of the paid access, within the specified period (see also 8. (2) below).
The termination of the paid contractual services is only effective if it takes place by means of an explicit, written declaration. If an "online termination process" is technologically possible, the termination can also take place via the corresponding link on the be2 website. To aid clear assignment and to protect against misuse, the customer must always specify his/her full name, the country whose be2 service he/she is using, his/her registered e-mail address with be2 and his/her user name (or alternatively, the code assigned to him/her) in a legible manner (BLOCK CAPITALS) as an absolute necessity.
The termination must be sent to:
be2 S.à.r.l. Customer Service / Termination 13 rue du Commerce L-1351Luxembourg Luxembourg
Fax: (+61) 280 887 326
Termination of the paid contractual relationship purchased via an In-App Purchase in the be2 iOS App has to be exercised exclusively towards the Apple iTunes App Store according to the Apple iTunes App Store rules.
Termination of the paid contractual relationship purchased via the be2 Android App follows the chosen payment method:
- for payments via the be2 payment system termination follows the rules in Condition 8. (1) above
- insofar as payments via the Google Account of Customer have been offered and chosen, termination has to be exercised exclusively towards the Google Play Store according to the Google Play Store rules
Note: A paid contractual agreement cannot be terminated simply by deleting the profile. If a customer of a paid service deletes his/her profile, the paid contractual relationship shall remain unaffected by this. If a service has been paid for but not used and the customer deletes his/her profile, he/she is merely refusing to use the service. This means that the customer will receive no refund for the payment already made. As described above, the written form is always an absolute necessity for the termination of a paid contractual relationship purchased via the website. For be2 iOS/Android App the rules mentioned above are applicable.
(2) Extension of the contract
The contract relating to a paid service purchased via the website is automatically extended by a period of time specified upon purchase (e.g. 3, 6 or 12 months) provided that the customer does not terminate his/her contract in writing at least 14 calendar days before the respective contract duration expires, or, if another period was specified upon purchase of the paid access, within the specified period, giving his/her full name, the country whose be2 service he/she is using, his/her registered e-mail address with be2 and his/her user name (alternatively, the code allocated to him/her) in writing. See also 8. (1).
The rule may be deviated from in the case of trial subscriptions, advertising campaigns and similar. For these too, the customer is informed of the duration of the trial subscription, the option to terminate and the automatic extension that occurs failing exercise of this option in each case.
When purchasing a paid service, the customer is informed, upon receipt of the order confirmation, of the relevant duration, the start date of the contract and the duration of the extension applicable if no termination is made on time.
Extension of contract for In-App purchases via the be2 iOS App exclusively follows the Apple iTunes App Store rules. Customer has to deactivate automatic renewal him-/herself in time.
Extension of contract for purchases via the be2 Android App follows the chosen payment method:
- for payments via the be2 payment system extension of contract follows the rules in Condition 8. (2) above - insofar as payments via the Google Account of Customer have been offered and chosen, extension of contract exclusively follows the Google Play Store rules. Customer has to deactivate automatic renewal him-/herself in time.
(3) Cessation of the service
be2 is entitled to cease providing the services offered in full or in part. be2 will inform the customer of the planned cessation and its scope ahead of time, at least 14 days before the full or partial cessation of the services.
Customers who have paid for but not yet fully exhausted an entitlement to a be2 service at the time of the cessation will receive a pro-rated refund for this non-exhausted entitlement.
9. Customer objections and default on payment
(1) Any objections to the amount charged or billed and must be raised and justified in writing to be2 within six (6) weeks of the queried charge being made or the invoice being received. If the customer does not raise any justified objections within this 6-week period, the charged or invoiced costs shall be deemed as approved.
If a justified objection is raised, the legitimate account claimed will be reimbursed to the customer or, optionally, the customer will be offered an extension of the paid service (premium memberships). This extension will be for the period for which the customer raised the justified objection.
The customer also has the right to set be2 a grace period of five working days for proper performance. If the cause of the complaint is not resolved by the end of this grace period, the customer has the right to terminate the contract. A refund of any unused balance will then take place as per 8. (3).
Mere immaterial interference to the service does not entitle the customer to a complaint. An immaterial interference to a paid service occurs when the period during which the customer is unable to use the paid service does not exceed two consecutive days.
The customer can only offset or assert a right of retention on the basis of his/her own claim against be2 if this claim is legally established, uncontested or recognized.
(2) In cases of non-payment or a default on payment by the customer, be2 reserves the right to commission a debt collection agency and demand that the customer pays their fees. be2 also reserves the right to levy interest for arrears in an amount based upon legal provisions.
be2 reserves the right to demand that the customer pays the expenses arising from the unauthorized cancellation of a credit card payment or an unjustified objection to a direct debit payment to the extent possible under law.
(3) For In-App purchases via the be2 iOS App payments are exclusively processed via the Apple iTunes App Store according to the Apple iTunes App Store rules. Payments are charged via the Customer‘s iTunes Account. For In-App purchases via the iOS App 9. (1) and (2) are not applicable. For any objections concerning the payments Apple iTunes App Store has to be exclusively addressed.
(4) For purchases via the be2 Android App payment processing follows the chosen payment method:
- for payments via the be2 payment system 9. (1) and (2) above are applicable
- insofar as payments via the Customer‘s Google Account have been offered and chosen, payments are exclusively processed via the Google Play Store according to the Google Play Store rules. Payments are charged via the Customer‘s Google Account. For purchases via the Google Account 9. (1) and (2) are not applicable. For any objections concerning the payments Google Play Store has to be exclusively addressed.
10. Rights of use and copyright
(1) All rights to programs, services, processes, software, technologies, brands, trade names, inventions and materials that belong to be2 shall remain exclusively with be2. be2 is the owner of all rights of use for the above-mentioned rights. The use of all programs and the content, materials, brands and trade names contained therein is only permissible for the purposes specified in these General Terms and Conditions. Any reproduction of the programs, services, processes, software, technologies, brands, trade names, inventions and materials belonging to be2 is not permissible unless expressly authorized by be2.
(2) be2 is a registered trademark in many countries of the world.
11. Amendment of the General Terms and Conditions and service specifications
(1) The General Terms and Conditions may be amended provided that this does not affect material provisions of the contractual relationship and that this amendment is necessary in order to adjust to developments that were unforeseeable when the contract was concluded but that would significantly disrupt the balance of the contractual relationship if ignored. "Material provisions" are in particular those relating to the type and scope of the contractually agreed services and the duration, including provisions for termination. Further adjustments or additions to the General Terms and Conditions may be carried out if this necessary to resolve difficulties in the contract's execution caused by loopholes that arise after the contract is concluded. In particular, this can occur when legislation changes and one or more clauses of these General Terms and Conditions are affected.
(2) The service specifications may be changed if necessary for just cause, provided that the changes do not place the customer in an objectively less favorable position (i.e. features must be maintained or improved) than did the service specifications in effect when contract was concluded and do not differ substantially from said previous specifications. Just cause exists if there are technical innovations on the market for the services owed or if third parties from whom be2 receives advance services that are necessary to render the services change their range of services.
(3) The customer must be informed of amendments to the General Terms and Conditions and service specifications pursuant to 11. (1) and (2) at least six (6) weeks before they come into effect. At the time the amendments come into effect, the customer shall have a special right of termination. If the customer does not terminate in writing within six (6) weeks after receiving the notification of the amendments, the amendments will become part of the contract at the time they come into effect. The customer will be specifically warned of this consequence in the notification of the amendment.
(1) be2 is authorized to commission third-party service providers and vicarious agents with the rendering of parts of or the entire spectrum of be2 services provided that this does not give rise to any disadvantages for the customer.
(2) Should individual provisions of these General Terms and Conditions or the contract become void or incomplete, the validity of the remaining provisions of the General Terms and Conditions or contract shall in no way be affected. As far as provisions do not become part of the contract or are invalid, the content of the contract shall be governed by applicable legal provisions.
(3) The law of Luxembourg shall apply, without giving effect to its principles of conflict of laws.
(4) The customer has the option of viewing the contractual provisions applicable to him/her, including the General Terms and Conditions at the time the contract was concluded, and saving these in a reproducible form.
(5) be2 S.à.r.l. of13 rue du Commerce, L-1351, Luxembourg, is responsible for the be2 service.
be2 S.à.r.l. is a limited liability company in accordance with the law of Luxembourg and is entered in Luxembourg's register of companies (Registre de Commerce et des Sociétés) under the number B 123206.