These terms and conditions consist of the General Terms and Conditions of Dating Sites of Kooijman Incorporate Holding B.V.
The company Kooijman Incorporate Holding B.V. (hereinafter, "only-fwb.nl") and the companies of its Group (hereinafter, "the Group") offer a virtual dating service between individuals on electronic communication networks.
1.1 The Dating Site's services consist of offering an online opportunity to connect with other Participants or matching Participants who are a good fit based on indicators determined by the Dating Site. The Dating Site provides a general overview of these indicators on its website.
1.2 The Dating Site does not guarantee success or a relationship.
1.3 The Dating Site is transparent about the services it offers. Before entering into a Membership, it provides clear information about the rates, automatic membership renewal, terms and conditions, and the website's features so that the Consumer can properly assess the services offered.
1.4 The Dating Site may impose additional requirements on Consumers who wish to use its services. These may include requirements regarding minimum or maximum age, education, and desired relationship type. These requirements are clearly stated on the Website before Membership is initiated. These additional requirements are only imposed to define the target audience of the Dating Site and increase the chance of success, a date, or a match. These additional requirements may not conflict with these general terms and conditions or the Thuiswinkelvoorwaarden (Home Shopping Terms and Conditions).
1.5 only-fwb.nl has the following additional requirements: The Services are exclusively intended for adults aged 18 or over. Consumers under 18 are not permitted to use the Services; they must immediately stop using the Services.
1.6 The ability to contact other Participants may be subject to conditions, such as the requirement to purchase a paid Membership. Before entering into a Membership, the Dating Site will inform the Consumer about the conditions under which Participants can contact each other and about which groups of Participants will or will not receive which messages.
1.7 If the service is provided in exchange for a Membership fee, this is based on a fixed amount for a specific period, a fee per transaction, or a combination of these. The Dating Site provides clear information about this on its website before entering into the Membership.
1.8 The Dating Site, only-fwb.nl, or the Group companies cannot guarantee the accuracy and completeness of the information provided by Participants. Participants are solely responsible for the information they provide through the Website.
1.9 The Dating Site, only-fwb.nl or the Group companies are not responsible for the actions of Participants during, for example, a personal meeting following an introduction via the Website.
2.1 The Dating Site strives to ensure that services to Consumers are provided without interruptions. The Dating Site cannot guarantee the continuous availability of its services.
2.2 If maintenance is to be carried out on the Website, the Dating Site will announce this in advance as much as possible and will try to keep any inconvenience to a minimum.
3.1 The Consumer is prohibited from acting indecently, unlawfully, or illegally, or from inciting or encouraging others to do so. For example, the Consumer is prohibited from:
3.2 The Consumer is furthermore not permitted to:
3.3 If a Consumer acts in violation of the provisions of Article 3.1 or 3.2, the
3.4 The Consumer accepts that the Dating Site may, if there is reasonable cause to do so, check the data and behavior provided by him in connection with possible violations of Articles 3.1 and 3.2.
4.1 If a Dating Site receives a complaint about a Participant, it will investigate the complaint and take appropriate action if necessary. The Dating Site will endeavor to remove, modify, or block profiles of Consumers that contain falsehoods, are misleading, or are otherwise clearly likely to cause harm or inconvenience to other Participants.
4.2 The Dating Site endeavors to inform Consumers about potential deception by Participants on the Dating Site. The Website itself highlights the risks and provides tips for preventing harm.
5.1 The Dating Site's Privacy Policy applies to the use of the Dating Site. This policy describes how the Consumer's personal data is processed. The Dating Site complies with the statutory regulations regarding privacy protection and cookie legislation.
5.2 If the Dating Site has a reasonable suspicion of a violation of the rules in Articles 3.1 and 3.2, and other Participants are (potentially) experiencing damage or inconvenience as a result, the Dating Site is entitled to access the data exchanged between Participants via the Dating Site. The Dating Site elaborates on this in the Privacy Policy.
6.1 The Dating Site is liable to Consumers for damages resulting from a failure to perform, unless this failure cannot be attributed to the Dating Site.
6.2 The Consumer is liable to the Dating Site for damages resulting from a failure by the Consumer to comply, for example as a result of a violation of Article 3, unless this failure cannot be attributed to the Consumer.
7.1 A paid Membership can be entered into for a specific period, subject to the Thuiswinkelvoorwaarden (Home Shopping Terms and Conditions). After this period, the Membership can be automatically renewed at a fixed rate without any discount (full price) and for an indefinite period. The Dating Site explicitly informs the Consumer of this option for automatic renewal when entering into the Membership.
7.2 The paid Membership can be cancelled at the end of the initial period and at any time after the expiry of that period with a notice period of at least 24 hours after registration and at least 48 hours before the expiry date.
7.3 The (paid) Membership can be canceled via the contact form on the website, by email, fax, or letter, stating the user name and the email address associated with the profile. The Consumer will receive confirmation of their cancellation at the email address registered with the Dating Site.
7.4 Regardless of whether the (paid) Membership has been cancelled, the Dating Site will deactivate the Consumer's profile at the Consumer's request at any time as soon as possible and in any case within two weeks of receipt of the Consumer's request.
7.5 The Consumer has the right of withdrawal as referred to in Article 6 of the Thuiswinkelvoorwaarden (Home Shopping Conditions) up to 14 days after entering into the Membership. If the Consumer exercises this right of withdrawal, but has already actually used the Dating Site's paid services during this period, the Dating Site is entitled to charge a reasonable amount for the purchased services. This amount will not exceed the subscription fee for one month, depending on the chosen subscription (1, 3, or 6 months). The Dating Site explicitly requests the Consumer's permission to commence the service before the withdrawal period has expired and hereby informs the Consumer of the amount that will be charged if the Consumer nevertheless withdraws.
By way of exception to Article 14 of the Thuiswinkelvoorwaarden (Home Shopping Conditions), the Dating Site will respond substantively to a submitted complaint within 3 working days.
9.1 Additional provisions may not be detrimental to Consumers. These provisions must be recorded in writing or in such a way that the Consumer can easily store them on a durable data carrier.
9.2 These general terms and conditions for Dating Sites can only be changed in consultation with the Consumers' Association.
These Terms of Use are entered into by Kooijman Incorporate Holding B.V. (“we”, “us”) and you.
We, as well as other business entities controlled by, under control of, or under common control with us (our “Group”), offer a number of dating, matchmaking, and social discovery platforms. We provide our products and services, some free and some paid, through computer, mobile websites, and apps (the “Services”).
Unless reserved for a certain category of users as required upon registration (for example, if available, our services are only provided to users over 50), our Services are open to any adult aged 18 or older, provided they meet the eligibility criteria outlined in the statement below. If you are under 18, you are not authorized to access the Services and must discontinue use immediately.
1. Acceptatie van de Algemene GebruiksvoorwaardenBy creating an account for our Services, you agree to our (i) Terms of Use, (ii) Safety Tips, and (iii) Community Guidelines, and you acknowledge that you have read and accept our (iv) Privacy Policy and (v) https://www.only-fwb.nl/customer-service/cookie/, together with any additional or special terms of which we notify you at the time you use or purchase certain Services, all of which are incorporated into these Terms of Use. If you do not agree with our Terms of Use, you must stop using our Services.
2. Criteria for participation in ServicesYou may use our Services solely under the following conditions. You represent and warrant at all times that:
We reserve the right to refuse, suspend, or terminate your access or membership at any time if you fail to comply with any of these terms.
3. RegistrationSigning up for our Services is free. You may only create one account.
You must provide the mandatory information (including photos, if applicable) required to complete your profile on the Services and keep this information up to date. You acknowledge and agree that some of this information will be published on the Services.
Additionally, under certain circumstances, your profile may be visible on some of our other services, making it available to users of other services. For more information about your profile visibility and related settings, please visit our Help page.
Information provided by users, either during registration or at any time thereafter, must be accurate and truthful. Responsibility for any consequences that the disclosure of this information may have on the lives of others lies solely with the user concerned. By publishing and distributing information, data, text, content, videos, and images about yourself, you waive your right to bring claims against us, particularly based on the possible infringement of your image or personality rights, honor, reputation, or right to privacy that may result from the distribution or dissemination of such information.
For more information about the data we collect from you and how we use it, please see our Privacy Policy.
You are responsible for maintaining the confidentiality of the login information you use to log in to our Services, and you are solely responsible for all activities that occur under this information. If you believe someone has gained access to your account, please contact us immediately at the address listed in the "Requests and Complaints" section below.
4. Code of ConductThe quality of interactions expected by both us and other users of the Services presupposes a certain level of ethical behavior, with respect for users, our Customer Care team, and compliance with applicable laws and regulations. To meet this standard of quality, individual responsibility, and ethics, we enable any user to report content (photos, text, videos, audio recordings, etc.), behavior, or comments that appear to violate our Terms of Use, Safety Tips, Community Guidelines, third-party rights, and applicable laws and regulations. Therefore, the list of prohibited content and actions below is not exhaustive. Consequently, by using the Services, you acknowledge and agree that the information you provide, as well as your behavior, comments, and posted content, may be subject to moderation and/or review in accordance with our moderation policy.
As a user, you must comply with the following rules of conduct at all times and agree that you will refrain from:
Violation of any of these Rules of Conduct constitutes a serious material breach of your contractual obligations under these Terms of Use.
We reserve the right to suspend or terminate your account without notice and without refund if you violate these obligations, misuse the Services, or behave in a way we deem inappropriate or illegal, including by reference to actions or communications occurring on or off the Services. To make the Group's services more secure, information about banned users may be shared within the Group so that we or one of the Group's platforms can take appropriate action against unsafe users, including terminating their account and/or preventing them from creating an account. We reserve the right to notify the appropriate authorities if you engage in unlawful or illegal conduct.
This closure of your account will take effect without prejudice to any damages we may claim from you in compensation for losses suffered by us as a result of breach of these Terms of Use.
4.2. Detecting and reporting content that violates our code of conduct and/or contains illegal contentTo ensure our users adhere to our Code of Conduct and the obligations we have when hosting content, we have implemented measures and targeted moderation tools.
In particular, we enhance user safety by implementing automatic detection methods and providing a notification mechanism on each profile and in the footer of our site. Our users can also contact our Customer Care team directly.
These tools include automatic scanning of profiles for inappropriate language and images, as well as manual review of suspicious profiles and activity.
For more information about content moderation, please refer to this article.
If you want to report a profile, behavior, or private content that violates our Code of Conduct, please do the following:
To report illegal content that is publicly visible to all users, you must:
Once we become aware of content or behavior that violates our Terms of Use, our moderation team will take appropriate action, which may include removing the content and banning (blocking) the user; as well as blocking email addresses and other identifying information associated with malicious individuals.
You can appeal moderation decisions by following the procedure described on this information page.
5. ServicesBy signing up for our Services, you gain immediate access to free features. These features vary depending on the type of Services you've signed up for and may change over time.
Free features and functionalities include creating your account profile, certain search functions, browsing other users' profiles, and access to certain events and activities. Communicating with other users generally requires a membership.
5.2 Paid servicesWe operate a global business and provide Services to a diverse community of users. Our pricing structure may vary by country, membership duration, distribution channel, special offers, and promotions. We regularly test new features to offer users enhanced functionality and free or paid options, should they choose to use them. We may also modify or discontinue certain purchase types from time to time.
Recurring memberships and/or one-time purchases ("Purchases") provide access to additional features and functionality. You can review the details of such paid services ("Paid Service(s)") on our Services before making a Purchase.
5.3 Events and ActivitiesWhen events or activities are offered, specific terms and conditions apply and are available on the pages describing the events or activities.
5.4 Badges, awards and the likeWe may from time to time offer profile badges, awards, or similar items that users can acquire, provided they meet the criteria to earn that item.
We make no representations or warranties regarding the holder of a badge, award, or similar item, as these are generally earned based on the user's own statement, which we cannot verify.
5.5 Personalized servicesOur goal is to help you find users through our Services who are likely to be of interest to you and whom you would like to interact with. To do this, we may offer you features (paid or free) that use information about your activity on our Services or that allow us to improve the content you provide, as defined in Article 8.2 of these Terms of Use. By using our Services, you agree that this information and content may be processed using artificial intelligence systems (for example, to create automatically generated content).
We also use an algorithm to recommend profiles you might like. To learn more about how our recommendation method works, please visit the help page.
6. Procedure and Conditions for PurchasesDepending on your location and how you access the Services (e.g., through a desktop computer, mobile web version, or an app on iOS or Android systems), Purchases may be available via direct billing (e.g., via a payment card, PayPal, etc.), mobile carriers, or in-app payment systems (such as the App Store/Google Play). When you elect to make a Purchase, you will be asked to confirm your Purchase with the applicable payment provider and your payment method, and your payment method, such as a payment card or your escrow account such as Apple Pay/Google Play or the App Store/Google Play (your “Payment Method”), will be charged the prices shown to you for the Purchase(s) you selected, and you authorize us and/or Apple/Google or such other escrow account (as applicable) to debit you.
Your purchase is confirmed when you approve and confirm your bank financial transaction with your bank's escrow account (such as mobile carriers or the Apple/Google App Store/Google Play).
6.2 Automatic membership renewal; Automatic card paymentsIf you purchase an automatically recurring periodic membership (a "Membership"), the Membership will be billed until the end of the current Membership period. After your initial minimum Membership period and after each subsequent Membership period, your Membership will automatically renew for the same duration, unless expressly stated otherwise at the time of purchase. By purchasing a Membership, you are contractually obligated to continue making recurring payments for the entire Membership period and any ongoing renewal period, until you terminate the automatic renewal of a Membership.
Please note that some Memberships are offered as special offers where the price is reduced for a period of time before renewal takes place at the (non-reduced) price.
Your Payment Method information will be stored and subsequently used for payments related to your automatic Membership renewal. You can change your Payment Method at any time. We may also change your Payment Method in the database of the relevant payment provider. By accepting our Terms of Use, you authorize us to continue collecting payments (whether for a payment term or renewal) for each Purchase using the changed Payment Method after such change.
If you have been billed directly by us, any disputes regarding payments already made should be sent to our Customer Care team at the address listed in the "Requests and Complaints" section below. Please note, however, that you are still obligated to pay any outstanding amounts owed to us until the end of the current Membership period, unless you have also canceled the automatic renewal of your Membership.
6.3 Right to cancel immediately after purchaseMemberships begin upon confirmation of your purchase. In accordance with applicable law, you have 14 days from the day after your purchase to exercise your right to cancel (without giving reasons) by completing the cancellation form available here or by sending an email to the address listed in the "Requests and Complaints" section below. Your refund will be processed within 14 days of the date we receive notice of your decision to cancel and will be made using the same payment method you used for the original purchase.
If you log into your account and use the Services before the end of the cancellation period, your first login after purchasing a Membership will constitute an express request by you for immediate access to the Services, for which you will be charged.
You can find additional information about the scope and application of your right of cancellation on the Help page.
Purchase through the Apple/Google App Store/Google Play
If you purchased a Paid Service through the App Store/Google Play and wish to cancel it within 14 days of purchase, cancellations and refunds are handled by Apple/Google under their own terms, which we have no control over. To request a refund, you must log in to your Apple/Google ID and follow Apple/Google's cancellation and refund instructions.
6.4 Additional third-party servicesThe Services may include advertisements and promotional offers served through third-party platforms and sources, such as websites, mobile applications, social networks, etc. ("Third-Party Platforms"). We are not responsible for the availability (or lack thereof) of such Third-Party Platforms. If you choose to interact with Third-Party Platforms made available through our Services, their terms and conditions govern their relationship with you. We are not responsible or liable for the terms or actions of Third-Party Platforms.
7. Terminate your Membership – Suspend your Profile – Close your AccountUnless otherwise specified when you purchase a Membership, automatic renewal of a Membership can be stopped from 24 hours after purchase and up to at least 48 hours before the Membership renewal takes effect. We will retain all amounts charged to your Payment Method until the end of the current Membership period.
Removing our app from your device doesn't terminate your membership. To cancel automatic renewal, log in to your account and follow the instructions.
If you have disabled automatic renewal, you are entitled to use your Membership until the end of the current period. Any remaining installments of the total price for the Membership will remain due and payable until the end of the current period. You will then no longer have access to the Membership from the date the current Membership period ends, but you will still have access to the free features.
We also reserve the right to stop the automatic renewal of your current Membership at any time, for example, if our offers change. In such a case, we will inform you in advance of the termination of automatic renewal.
7.2 Non-renewal of Memberships purchased through the Apple Store/Google PlayIf you made a purchase through Apple/Google, automatic renewal and termination are handled by Apple/Google under their own terms, which we have no control over. To request termination of a Paid Service, you must log in to your Apple/Google ID and follow Apple/Google's instructions.
7.3 Suspension of your ProfileIf you no longer wish to receive messages or have your profile displayed to other users, you can request suspension of your profile at any time through your account on the Services. This suspension is temporary, does not interrupt any of your current Memberships (including renewals), and does not extend the term of your Membership. You can reactivate your profile at any time.
7.4 Termination of your account and closure of your profileYou can close your account on the Services at any time by following the instructions in your account section. If you encounter any problems, please contact your Customer Care team, who can do this for you. You will then no longer be able to use your account, including any Purchases, starting the business day after the closure request. Closing your account does not terminate your Membership: all Membership installments remain due and payable for the remainder of the term, even if you do not use the Services.
After closing your account, you will receive a confirmation email.
8. Intellectual PropertyAll names, trademarks, logos, graphics, photos, animations, videos, text, and generally all content displayed on the Services are our exclusive intellectual property, licensed, or controlled by us, and may not be reproduced, used, or transmitted without our express permission. We may take legal action in such cases.
The usage rights granted to you are limited to private and personal use as part of, and for as long as, you have an account with us. Any other use by you is prohibited. You may not copy, reproduce, or otherwise use content produced by other participants except for strictly personal and private purposes.
You are prohibited from copying, reproducing, downloading, broadcasting, transmitting, modifying, commercially exploiting, and/or distributing, in any way, any content, pages, or computer code from the Service, including but not limited to, any content, pages, or computer code. We may take legal action against you if you do so.
8.2 Participant-Distributed ContentBy having an account and using our Services, and for as long as you have an account with us, you grant us a worldwide license to use the intellectual property rights arising from the content you provide (information, images, descriptions, search criteria, recordings, etc.) in connection with your use of the Services, including but not limited to your profile and interactions with other users. This license specifically includes the right for us to reproduce, display, transmit, modify, adapt (to comply with the graphic charter of the Services and/or to make it compatible with the technical functionalities or the formats supported by the relevant media), translate, digitize, use for the purposes of the Services and/or sublicense the content you provide on all or part of the Services, in our emails and notifications to other users or in other communications related to the Services, subject to applicable law.
9. Warranties, Liability and IndemnificationWe expressly disclaim all liability for any incidents of any kind that may arise between you and other users during online interactions or in real life, in person. Please read our Safety Tips carefully.
We do not verify the actual identity of users when they register for the Services. Furthermore, we do not monitor or review any content that users may publish or upload to the Services at their own risk. Photos and profile descriptions are reviewed before they are posted on the Services.
We are not liable for the accuracy or inaccuracy of the information and content provided by you or other users, nor for any consequences arising from your or their use of this information and content. We are also not liable for content distributed by you or other users that may infringe the rights of one or more other users or any third party.
9.2 Operation of the ServicesOur services are provided "as is." We do not guarantee that you will be able to use them if your hardware or device is not functioning properly, if your internet provider does not offer an adequate level of service, or if your hardware or device does not have a fully functional internet connection.
The Services may be temporarily interrupted for maintenance, updates, security measures, technical improvements, or to update the content and/or its presentation. Where possible, we will notify you before planned maintenance or updates that may impact your use of the Services. Some functionality may also be permanently disabled if required for security reasons.
Digital services and digital content are covered by a legal guarantee of conformity. With the exception of the provisions applicable in the event of updates or changes to our Services as described in Article 13 of these General Terms of Use, this legal guarantee applies if any lack of conformity becomes apparent during the term of your Membership or with any other Purchase made on our Services.
9.3 Third Party PlatformsWe have no control over any Third-Party Platforms to which you may be directed from our Services from time to time. We disclaim any liability for the content of any Third-Party Platform, nor for any advertising, products, features, services, or other materials available on or arising from your use of such Third-Party Platforms. Use of Third-Party Platforms is governed by their own terms and conditions.
10. SafetyBy using the Services, you agree to take reasonable precautions when communicating with other users, especially if you choose to communicate outside of the Services or meet in person. Furthermore, you agree to read and follow our Safety Tips at all times when using our Services and interacting with other users. If you post and/or disclose to other users confidential or sensitive information, such as personal data (e.g., last name, mailing address, email address, phone number) or financial information (e.g., credit card or bank account information), you do so entirely at your own risk.
11. General liabilitySubject to applicable law, we are only liable for direct damages caused by us if we fail to provide the Services in accordance with these Terms and applicable laws and regulations. We cannot be held liable for damages suffered by a user if they are solely responsible for them or if we have not violated these Terms of Use and/or our legal obligations. We do not limit or exclude our liability to users in any way if doing so would be unlawful.
We are not liable for any business losses. We provide the Services for domestic and private use only, and commercial use of our Services is strictly prohibited, as set out above. You will be fully liable to us if you use the Services for commercial or business purposes in violation of these Terms of Use.
In the event that we or any company within the Group are held liable by reason of a breach by you of any of your legal or contractual obligations under these Terms of Use, you shall indemnify us and/or the Group and hold us and/or the Group harmless from and against any damages, costs or claims made against it as a result of or arising out of such breach.
12. Personal dataYour personal data will be processed in accordance with our Privacy Policy.
13. Changes to the General Terms of Use and the ServicesWe may update or modify the content and/or features of any of the Services and these Terms of Use at any time. This means that from time to time we may improve our Services, add new content or new product features, or remove or modify certain content or features.
You should regularly review the most current version of the Terms of Use available on our Services. If the changes materially alter your rights or obligations, we will endeavor to notify you of the changes to our Terms of Use in advance by reasonable means. If such changes materially affect a functionality or service for which you have paid on the Services, and if you do not accept the changes, you have the right to terminate this Purchase without charge or reimbursement. Please note that you will be charged for any use of the Services until the changes are implemented. If you continue to use this Purchase in any subsequent renewal period or make a new Purchase, the revised Terms of Use will apply from that point onward, and you will be deemed to have accepted the revised Terms of Use.
14. Notifications and Service MessagesBy using the Services, you agree to receive important messages from us about your account or the Services. These messages may be shared directly on the Services, through app notifications, or other means associated with your account, such as email. Please review your Settings to learn what types of messages you receive from us. You acknowledge and agree that we have no liability related to or arising from your failure to provide accurate contact or other information, including, but not limited to, your failure to receive essential information or notifications.
15. EnforceabilityIf one or more provisions of the General Terms of Use are unenforceable under applicable law or regulation or as a result of a final decision by a competent court or authority, the remaining provisions shall remain in full force and effect to the extent permitted by law, regulation or applicable judicial decision.
16. TransferAll of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, corporate sale or transfer of assets, or by operation of law or otherwise, provided that we endeavor to ensure that your rights and obligations will remain unaffected by such transaction.
17. Requests and ComplaintsFor any requests or complaints regarding your use of the Services, please consult the Help page. If you need further assistance, you can contact our Customer Care team by email at: customerservice@only-fwb.nl
18. Applicable law – DisputesThese General Terms of Use shall be governed, construed and applied in accordance with French law, unless mandatory consumer law in your country of residence provides otherwise.
Users can submit complaints to the European Commission's online dispute resolution platform at: http://ec.europa.eu/consumers/odr/. The European Commission will forward the user's complaint to the competent national mediators.
In accordance with the rules applicable to mediation, before submitting a request for mediation, you must submit the dispute to us in writing in order to attempt to reach an amicable settlement.
In the event that a dispute relating to the Terms of Use cannot be settled amicably, the courts of the country where you reside will have jurisdiction. This applies to the European Economic Area member states, the United Kingdom, and Switzerland.
