These Terms & Conditions of Use were last revised on september 2023.
Welcome to Lovester’s Terms and Conditions of Use (these “Terms”). This is a legal agreement between you and ZSZ Technology Limited, a company headquartered in 201 Cayan Tower, Al Barsha Heights, Teacom, P.O.Box: 214930 DUBAI - United Arab Emirates.
The terms (“us”, “our”, “we”, or “Lovester”) refer to ZSZ Technology Limited, and its subsidiaries and affiliates, if any.
These Terms apply to the websites, applications, and other services operated by Lovester whether through a mobile device, mobile application or computer (“Service(s)”).
The words “include(s)”, “including”, “mainly”, “in particular”, “particularly”, or “such” shall be construed without limitation.
By using any of the Services, you agree to be legally bound by the provisions and practices set out in these Terms, the Privacy Policy, and the Cookie Policy (collectively, the “Agreement”)
If you do not agree to be bound by part or all of the Agreement, then please do not use the Services. Your access to and use of the Services is conditioned on your acceptance of and compliance with the Agreement
We may, at our sole discretion, make changes to the Agreement and/or to the Service (“Changes”) at any time. We may not provide you with notice before making such changes, and if we do, we may use different ways such as emails or notifications. In certain circumstances, we may request your consent in advance to make Changes.
The Changes will be posted in the Agreement and you should regularly check the most recent version of the Agreement to take notice of the applicable version.
When the revised Agreement is posted and you continue to use our Services, you will be bound by the updated version of the Agreement.
The Changes are incorporated into and form part of the Agreement, and if you do not agree to be bound by a part of or all the Changes, then please stop using the Services
You must be at least 18 years old (or the age of majority in applicable jurisdictions) to use our Services.
By using our Services, you represent and warrant that:
The Services consist of the following, without limitation: a matchmaking service in the form of a website and mobile application for single people seeking to establish romantic relationships, wherein the matchmaking service includes a Science Mode for single people seeking to know themselves and their potential matches based on the different fields of human sciences (such fields include -but are not limited to- Psychology, Sociology, Sexology and Relational Values), an Astrology Mode for single people seeking to know themselves and their potential matches based on their astrological indicators including their birth dates, time and location, and any additional modes and/or services currently offered or which will be offered in the future by or on behalf of Lovester. Lovester may offer new services or revise any of the Services, at its discretion, and the Agreement will apply to all additional services or revised Services. Lovester also reserves the right to cease offering any of the Services.
In order to access and use the Services, you must complete the “Emotional DNA Test” which is a series of self-report questions in the form of likert-scale and/or forced-choice questions that allow us to collect information about your psychological, sociological, sexological and relationship maintenance preferences and behaviors in a romantic context.
We might use third parties to help us operate and improve our services. These third parties may assist us with various tasks, including data hosting and maintenance, analytics, customer care, marketing, advertising, payment processing and security operations.
We follow a strict vetting process prior to engaging any service provider or working with any partner. All of our service providers and partners must agree to strict confidentiality obligations.
To create and log into your Lovester account, you may login with third parties’ websites by way of various applications, including social media accounts (such as Facebook), Google account, and Apple ID. In this case, you may authorize us to have access and use certain information limited to what such third parties permit to be transferred. You may consult our Privacy Policy to learn more about it.
Your account is for your personal use only. You must not authorise another user to use your account, use another user’s account, share an account with another user, or maintain more than one account.
You must not share with anyone the confidentiality of your login credentials you use to sign up for Lovester, such as your password, and must not let anyone have access to your account. It is your responsibility to keep such credentials secret. Lovester is not liable for any unauthorized access to your account. If you believe that someone has gained access to your account, please inform us immediately using the contact details below.
You agree that the information you submit upon creation of your Lovester account is accurate and that you have the right to post your Content on the Services. You agree that you will not post any misleading, incomplete or false information on or through the Services.
We will consider the email address that you provide us as the main contact information we can use to contact you, in addition to notifications we communicate to you on and through our Services.
Please read our Privacy Policy in order to know how Lovester may access, collect, store and disclose your information.
You will treat all other users, our customer care representatives and employees with respect, otherwise, we may send you a warning or terminate your account without notice, without prejudice to Lovester’s right to take any necessary legal action.
You understand and agree that we do not guarantee that the Services will meet your exact requirements and expectations. Lovester may not guarantee as to the number or frequency of matches with other users, if any. Lovester is not able to guarantee people’s behaviour or conduct online or offline and thus your compatibility with other users. You are solely responsible for your use of the Services and for your interactions with other users, online or offline.
We reserve the right to suspend or terminate your account at any time, for any reason, and without explanation, effective upon sending a written notice to you.
You may terminate your account at any time, for any reason, without explanation, by going to the "Settings" in the Services. However, in order to manage or cancel any Paid Services purchase made via a third party’s account, such as Apple’s App Store or Google Play Store, you should use such accounts to avoid additional bailing.
When you terminate your Lovester account, we save your information for three (3) months from the day you delete your account, in case you later decide to restore it. For further details about your information, please refer to our Privacy Policy.
Once your account is terminated, the Agreement will terminate, except all provisions which by their nature should survive termination of the Agreement, including, without limitation, ownership provisions, disclaimers, dispute resolution provisions, and limitations of liability.
If we believe, at our sole discretion, that you have violated the Agreement, we may warn you, suspend or terminate your account. Upon such termination or suspension, you agree you will not receive a refund for any fees paid to Lovester by you.
If your account has been terminated because of a violation of the Agreement:
We may suspend or end the Services entirely. In such cases, we will notify you in advance unless extenuating circumstances.
It is free to register and use the Services. However, Lovester may offer certain features, services, or products for purchase (“Paid Service(s)”) for which a fee will be payable through the App Store, Google Play Store, carrier billing, or other payment platforms authorized by Lovester (“Payment Platform(s)”), using the convenient payment method such as your Apple Pay Wallet, your Google Pay Account, or your credit or debit card (“Payment Method(s)”), upon confirmation of the purchase of the Paid Services.
The purchases you make through the Payment Platforms are charged by these platforms and are subject to the Agreement and to the terms of the relevant Payment Platform. You must review the terms of the Payment Platform you select.
When you choose to purchase the Paid Services, you agree to pay the applicable fees and taxes in accordance with the applicable Payment Method and the used Payment Platform’s billing terms that are in effect at the time of purchase.
We currently offer weekly, monthly, 3-month and 6-month subscriptions and we offer promotional rates.
The Paid Services fees are clearly displayed on the Services. We may change such fees from time to time and display the changes on the Services. We may notify you in advance about such changes.
Lovester operates a global business, thus, your purchase of the Paid Services may be subject to foreign exchange fees or differences in prices based on a number of factors.
Your subscription to certain Paid Services will automatically renew for an additional equivalent period and at the price you agreed upon during the purchase process unless auto-renewal is cancelled or terminated at least 24-hours before the end of the current period. You can cancel or terminate the auto-renewal payment by contacting the relevant Payment Platform directly or by following their prompts and instructions. In case of a subscription cancellation or termination, you will remain able to use your subscription until the end of your then-current subscription term, your subscription will not be renewed after that, but you remain obliged to pay any outstanding amounts. Cancellation or termination will not affect your obligation to pay the total contractual amount due on your subscription.
If you would like to object to a payment you made, you can contact the relevant Payment Platform or your bank or payment provider, who can provide further information.
By not cancelling or terminating your Paid Services subscription you confirm that we may charge your Payment Method. Deleting your Lovester account or uninstalling the Lovester application from your device does not terminate or cancel your subscription.
During the purchasing process of any Paid Services, you will be required to provide certain Payment Method information such as your credit card number. You agree that all information that you provide to us will be accurate, complete and current. You may edit your Payment Method information by going to Lovester's settings.
You acknowledge and agree that such information will be stored and used for automatic payment in accordance with the Agreement.
Unless you edit your Payment Method information, terminate or cancel your subscription, you agree that in the event any problem arises in the payment process which prevents the purchase of the Paid Services from being accomplished, (for example, you do not have enough funds in your account or your card has expired), we will continue billing the Payment Method until the amount due is paid in full since you remain responsible for any uncollected amounts, and we may terminate your subscription to the unpaid Paid Service. You acknowledge and agree that we may attempt to obtain updated Payment Method information, and that we may add such information to your Lovester account and use it to process future Paid Services purchases.
Generally, all fees and charges for Paid Services are non-refundable and Lovester does not make any refunds or credits for any partially used Paid Services except as expressly provided in the Agreement, as required by applicable law or at Lovester’s discretion.
If you made a purchase and you can obtain a refund according to the Agreement, the refunds are processed by the relevant Payment Platform.
If you made a purchase using your Apple ID, go to your device settings, click on your Apple ID, click on “Media and Purchases”, select "Purchase history", find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.
Apple controls purchases made through your Apple ID.
If you made a purchase using your Google Play Store account, contact Lovester with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling the Agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to: Lovester, Attn: Cancellations, P.O.Box: 214930, Dubai, United Arab Emirates.
When you cancel a purchase of a Paid Service you made using your Google Play Store account, we will refund or ask Google to refund you in a period of Fourteen (14) days starting from the day we received your notice of your decision to cancel the Agreement. We will refund you with the same means of payment as used by you. We will not charge you for any refunds made.
If you made a purchase through a Payment Platform other than Apple ID and Google Play Store, you can request a refund directly from such a platform.
Information a Lovester user may post, share, send, display, download, upload, or otherwise make available on the Services, or transmit to other users during the use of the Services, as well as information the user authorizes us to collect from third parties (such as social media account) are referred to collectively as "Content".
When using the Services, you may not post Content or otherwise engage in any activity on or through the Services, that:
The Content or the activity you otherwise engage in, on or through the Services, cannot:
You are solely responsible for, and bear all liability in relation to your Content. If we believe that a Content is violating the Agreement or the applicable law, we may modify it, or remove it, in whole or in part, without notice from the Services.
By creating a Lovester account, you grant, and you represent and warrant that you have the right to grant, to Lovester a worldwide, transferable, royalty-free, non-exclusive license to store, use, copy, reproduce, modify, publicly display or perform, distribute, prepare derivative works of, or incorporate into other works, your Content. You also allow Lovester to grant and authorize sub-licenses of the foregoing to third parties in connection with the use, promotion and operation of our Services.
This license is valid within the extent allowed by the law and is granted mainly for purposes that we, in our sole discretion, deem related to the Services’ operation and improvement.
You acknowledge that your Content as well as the Content you license to Lovester can be viewed or accessed by the general public (including non-Loveter-users).
You agree that Lovester may access, collect, store and disclose your information in accordance with our Privacy Policy to comply with the law’s requirements, apply the Agreement, respond to certain third parties’ request, or when we believe, in our sole discretion, that disclosure is reasonable, including for compliance with the applicable laws or legal process, for enforcement of legal rights, for response to your requests for customer care, for enforcement of the Agreement, for protection of a person’s personal safety, or for when Lovester’s or a third party’s rights or property are violated.
You agree that we may monitor or review any of your Content. We reserve the right to modify it, or remove it, in whole or in part, without notice, if we deem, in our sole discretion, that it violates the Agreement or the applicable law.
You agree that your use of the Services will comply with the Agreement and all applicable laws and regulations. You are responsible for determining whether the use of the Services is compliant with the laws and regulations in your jurisdictions. If prohibited by applicable laws and regulations, access and use of the Services is void.
You agree that the Services may contain advertisements and promotions, and may provide information about or links to third party sites.
We can suggest that you participate in surveys or focus groups and collect your answers for us to be able to improve our Services and/or develop and provide new ones. You agree that we may use and share the answers, suggestions or feedback that you submit to Lovester without compensating you.
You agree that Lovester owns proprietary information and material displayed or contained in the Services (the “Material”), including but not limited to the “Emotional DNA Matching System”, the “Emotional DNA Personal Report”, the “Emotional DNA Compatibility Report”, the “Emotional DNA Test”, the “Astrological Matching System”, the “Astrological Personal Report”,the “Astrological Compatibility Report”, graphics, user interface, designs, logos, patents, trademarks, service marks, copyrights, scripts, text, editorial content, images, photographs, pictures, videos, audio, information, data, software, database(s), other files, the arrangement thereof and intellectual property rights related thereto.
Such information and material are protected by applicable intellectual property and other laws, including but not limited to copyright and database rights.
Lovester’s name and logos, are trademarks or registered trademarks or service marks of Lovester in different countries throughout the world. They may not be copied, imitated or used, in whole or in part, without the prior written permission of Lovester.
The look and feel of the Services, including all page headers, graphics, user interfaces, and button icons are the service mark, trademark and/or trade dress of Lovester and may not be copied, imitated or used, in whole or in part, without the prior written permission of Lovester.
Lovester reserves all rights in and to the Services not expressly granted to you under the Agreement, and nothing in the Agreement shall be interpreted as granting any license to intellectual property rights.
You agree that Lovester owns and retains all proprietary rights of the Material, and that you will not to use, copy, create, reproduce, modify, transmit, distribute, rent, sell, loan, or exploit in any way any Material or any derivative works from the Material, or other intellectual property, copyright or content accessible through the Services, without Lovester’s prior written consent, except for use of the Services for personal, noncommercial uses in compliance with the Agreement.
Lovester grants you a limited, personal, worldwide, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal use. Apart from these rights (including the other rights granted to you in the Agreement) and the rights you retain in your Content, you have no other rights in Lovester.
In return, you agree not to, and warrant and represent that you will not:
If we are required by the applicable law, or if we determine in our sole discretion that you violated the Agreement, misused the Services, or encouraged or promoted any activity that violates the Agreement, we may send you a warning, suspend or terminate your Lovester account, or block you from further use of Lovester without notice and without refund of any purchased Paid Services, without prejudice to Lovester’s right to take any necessary legal action.
The present section applies when the Digital Millennium Copyright Act (the “DMCA”) of the United States is applicable:
If you believe that you have a copyrighted work that has been infringed and is accessible on the Services, please submit a notification alleging such infringement including in your request the following:
Please note that this procedure does not constitute legal advice.
The Services may contain third party advertisements and promotions and may provide information about or links to third party sites (“Third Party Content”).
Your interactions with Third Party Content are governed by such third party's terms and conditions of use.
Lovester does not control, supervise, endorse, or adopt Third Party Content and is not responsible for such content or for any loss or damage of any sort incurred as the result of your interactions with Third Party Content.
You agree that you understand that Lovester does not conduct any background checks on its users, particularly criminal background checks, nor does it check the statements users provide or make on or off the Services.
Lovester is not responsible for, and makes no representations or warranties as to the conduct of any user on or off of the Service. You agree to take all necessary precautions when interacting with other users, especially if you decide to meet in person. Please do not send money to other users and do not not provide them with your personal information such as your financial information and home address.
You are solely responsible for your use of the Services and for your interactions with other users, online or offline.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOVESTER PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS.
LOVESTER MAKES NO GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR OTHERWISE, WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, BUT NOT LIMITED TO, WARRANTIES REGARDING THE CONTENT OR AS TO ITS ACCURACY, COMPLETENESS OR CURRENTNESS, OR ANY RESULTS TO BE OBTAINED FROM ACCESSING AND USING THE SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LOVESTER DOES NOT HAVE THE OBLIGATION TO VERIFY THE IDENTITY OF THE USERS OR THE INFORMATION THEY MAKE AVAILABLE THROUGH THE SERVICES. LOVESTER DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION ON THE SERVICES AND DOES NOT ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY OPINION, ADVICE, STATEMENTS OR OTHER INFORMATION YOU, OTHER USERS OR THIRD PARTIES MADE AVAILABLE THROUGH THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOVESTER WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR RELIANCE ON INFORMATION MADE AVAILABLE ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS OR THIRD PARTIES.
USE OF LOVESTER, AND THE INFORMATION AND CONTENT AVAILABLE ON IT ARE AT YOUR SOLE RISK.
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED.
LOVESTER DOES NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE UNINTERRUPTED AND AVAILABLE WHEN YOU WANT TO USE THEM, AND THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED.
LOVESTER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE SECURE, ERROR FREE OR FREE FROM DATA BREACHES OR CYBER ATTACKS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY MATERIAL YOU MAY OBTAIN FROM LOVESTER IS FREE OF VIRUSES, BUGS, OR OTHER MALICIOUS SOFTWARES OR HARMFUL COMPONENTS . LOVESTER WILL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGE ARISING FROM SUCH HARMFUL COMPONENTS IN THE SERVICES AND FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY.
WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR YOUR CONDUCT OR THAT OF OTHER USERS OR THIRD PARTIES. LOVESTER TAKES NO RESPONSIBILITY FOR ANY DAMAGE WHATSOEVER ARISING OUT OF THE CONDUCT OF YOU OR OTHER USERS OR THIRD PARTIES IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO IDENTITY THEFT OR TO ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. PLEASE CONSULT OUR PRIVACY POLICY TO LEARN MORE ABOUT YOUR INFORMATION.
LOVESTER TAKES NO RESPONSIBILITY FOR CONTENT POSTED, SHARED, RECEIVED, UPLOADED OR DOWNLOADED BY YOU, OTHER USERS OR THIRD PARTIES THROUGH THE SERVICES, IT IS ALL AT YOUR OWN DISCRETION AND RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LOVESTER BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION TO, LOSS OF INCOME OR PROFIT, LOSS OF USE, LOSS OF DATA, OR OTHER LOSSES OF ANY KIND OR CHARACTER, RELATING TO OR RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF LOVESTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY AND ALL EVENTS, LOVESTER’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS YOU MAKE UNDER THESE TERMS OR IN CONNECTION WITH THE USE OF THE SERVICES, SHALL BE LIMITED TO THE GREATER OF (I)$50 USD, OR (II) THE AMOUNTS PAID BY YOU TO LOVESTE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOVESTER WILL NEVER BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL,RELATING TO OR ARISING OUT OF THE CONDUCT OF YOU OR OTHER USERS OR THIRD PARTIES IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES ARISING OUT OF DIFFERENT INTERACTIONS WITH OTHER USERS, INCLUDING USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
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.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Lovester and its officers, directors, agents, and employees from and against any and all complaints, demands, claims, actions, proceedings, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating to your access to or use of or inability to use the Services, your interactions with other users or third parties, your conduct, your Content, or your breach of the Agreement, of any law, rules or regulations, or any rights of any third party.
Lovester retains the exclusive right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without your prior consent.
For all disagreements, disputes, claims or controversies that may arise of, relate to, or be in connection with the Agreement, the Services or your relationship with us (collectively the “Disagreement(s)”), you must go through an informal Disagreement resolution process in order for us to endeavour to find an amicable resolution.
You agree to contact us within 30 days from the day the Disagreement arises by sending an email at legal@lovester.net and a written registered letter with an acknowledgement of receipt at the following address: 201 Cayan Tower, Al Barsha Heights, Teacom, P.O.Box: 214930 DUBAI - United Arab Emirates.
Both written notifications (email and registered letter with an acknowledgement of receipt ) must include your name and address, a description of the Disagreement, and the specific relief you seek.
If the Disagreement has not been resolved within 60 days from the date of receipt of the letter, the Parties may have recourse to arbitration in accordance with the Arbitration Agreement or to the courts when the Arbitration Agreement is unenforceable. Please find more details about the Arbitration Agreement here below.
In the event that the Arbitration Agreement is for any reason held to be unenforceable, and unless prohibited by local law, you agree that the laws of Dubai, U.A.E. will apply to any Disagreement, without regard to its conflict of laws rules that would require the application of the law of a different state or jurisdiction
For the sake of clarity, the choice of Dubai law shall not exclude, limit or supersede any mandatory consumer protection legislation in the jurisdiction where the consumer resides.
To the extent permissible by applicable law, and , you agree that any appeals of an arbitration award or in the event where the Arbitration Agreement is held to be unenforceable, any Disagreements shall be brought exclusively in the courts of Dubai, U.A.E.
You agree to waive any jurisdictional, venue, or inconvenient forum objections or claims to such courts
In accordance with the Agreement, you still have the right to seek equitable relief at any time.
In accordance with the Arbitration Agreement, when a Disagreement with the exception of claims appropriately brought in a small claims court of competent jurisdiction is not resolved by the informal Disagreement resolution process (as provided above), both Parties may have recourse to arbitration (or to the courts when the Arbitration Agreement is unenforceable).
Arbitration is the process of solving an argument between the parties by submitting the procedure to a neutral arbitrator (and not a judge or jury in a public court) who makes a binding decision. Arbitration is a private dispute resolution procedure that replaces the right to go to court. Arbitration proceedings are often simpler than litigations handled in the court, and usually provide a more prompt and efficient resolution.
To the extent permissible by applicable law, the present Section 14 of the Terms is an arbitration agreement between you and Lovester (the “Parties”) that applies exclusively to all Disagreements (the “Arbitration Agreement”), except when the one of the Parties appropriately bring a claim in a small claims court of competent jurisdiction.
Notwithstanding the foregoing, this does not absolve you of your commitment to engage in the informal Disagreement resolution process.
For the purpose of this Arbitration Agreement, “Lovester” means ZSZ Technology Limited, its subsidiaries, and affiliates, and each of their respective officers, directors, agents, and employees.
BY USING ANY OF THE SERVICES IN ANY MANNER, YOU AGREE TO BE LEGALLY BOUND BY THE PROVISIONS AND PRACTICES SET OUT IN THE ARBITRATION AGREEMENT. PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT REQUIRES THAT, AND BY ENTERING INTO THESE TERMS YOU AGREE THAT ALL DISAGREEMENTS BETWEEN YOU AND LOVESTER WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT AS EXPRESSLY SET FORTH HEREIN.
Thus, YOU GIVE UP YOUR RIGHT TO LITIGATE CLAIMS IN COURT and all opportunities to be heard by a judge or jury (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING OR CLAIMS (such as a class action, representative action, consolidated action or private attorney general action). Thus, you agree that the arbitrator may not consolidate more than one person’s claims, unless the Parties agree in writing otherwise.
Severability: Except for the class action waiver as provided hereinabove, if any part or parts of the Arbitration Agreement are found be invalid or unenforceable, then such specific part or parts will be severed from this Arbitration Agreement, and the remainder of the Arbitration Agreement shall continue in full force and effect.
If the class action waiver part is found to be invalid or unenforceable, the entire Arbitration Agreement shall be unenforceable, and the Disagreements will be decided by a court.
Confidentiality: The Parties can request from the arbitrator that all information disclosed in the arbitration shall be treated with confidentiality and used or disclosed only in connection with arbitration. The arbitrator can issue an order establishing such provisions.
Language: The language to be used in the arbitral proceedings will be English, unless otherwise agreed by the Parties.
Venue and Governing Law: Notwithstanding the foregoing, in the event where the Arbitration Agreement is held to be unenforceable, any Disagreements shall be brought exclusively in the courts of Dubai, U.A.E., and the laws of Dubai, U.A.E. will apply, in accordance with the Terms.
Survival of the Arbitration Agreement: The Arbitration Agreement will continue, even after your relationship with Lovester and your use of the Services has ended.
Copyright © 2023 ZSZ Technology Limited. All Rights Reserved.