Diva Marriage Agency
TERMS AND CONDITIONS
For the Provision of Matchmaking and Consulting Services
Diva Marriage Agency
Address: Seitenstettengasse 5/37, 1010 Vienna, Austria
Email: agency@divamarriage.com
Website: https://www.divamarriage.com
1. General Provisions:
1.1. The subject matter of this Offer is the provision to the Client of information and consulting services aimed at finding a potential partner, providing access to the Agency’s services, as well as other services included in the tariff plan selected by the Client. This Offer is available at the permanent address: https://www.divamarriage.com.
1.2. This Offer governs the relationship between the Agency and the Client and applies subject to the mandatory provisions of European Union law and Austrian law applicable to the services provided. It is a legally binding document governing the relationship between the Marriage Agency and the Client in the course of providing the services. Matters relating to the processing of personal data and the free movement of such data are governed in accordance with the EU General Data Protection Regulation (GDPR) and the Privacy Policy: https://www.divamarriage.com/privacy-policy. This Offer does not establish any mutual rights or obligations between the Client and the Client’s potential partner. Under no circumstances does the Agency become a party to any such rights or obligations, guarantee the formal establishment of rights and obligations between the parties, or provide legal services to them. The Client is informed and expressly acknowledges that family and property relations in Austria are governed by the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, § 89) and the Marriage Act (Ehegesetz).
1.3. The Agreement between the Agency and the Client shall be deemed concluded after the Client accepts this Offer by ticking the relevant box confirming agreement to its terms and placing an order in the manner provided on the website, which requires payment for the selected tariff plan. Payment for the selected tariff plan constitutes the Client’s fulfilment of the payment obligation and shall be made in accordance with this Offer. The Agency and the Client do not sign a separate service acceptance certificate. The conclusion of the Agreement, confirmation of payment, and the actual commencement of services are separate legal events and shall be determined in accordance with this Offer and applicable law.
1.4. By making payment, the Client confirms that, prior to payment, the Client has read and fully understood the terms of this Offer.
1.5. The Agency is entitled to amend this Offer (including provisions concerning changes to paid services), provided that users are given reasonable prior notice. The new version shall enter into force upon its publication on https://www.divamarriage.com. The Client’s continued use of the services after the amendments have been made shall constitute acceptance of the updated terms. Amendments shall not apply to services already paid for unless expressly provided otherwise in this Offer.
1.7. The Marriage Agency operates exclusively in accordance with EU law and does not provide services contrary to law. After contact details have been exchanged, further communication and relationships between the Client and the female candidate shall take place solely at their mutual discretion. The Agency is not a party to such communication and shall not be liable for its content or consequences. Any arrangements (transactions, obligations or promises) between the Client and the potential partner are made without any involvement of the Agency. Likewise, the Agency shall not be liable for either party’s breach of such arrangements (transactions, obligations or promises) and/or cases of scams.
1.8. The Client must not be legally married at the time of completing the Marriage Agency’s questionnaire. At the same time, the Agency does not in any way verify whether persons applying for information and consulting services for the purpose of finding a partner have actual family commitments (only a copy of an identity document is requested), and does not guarantee the accuracy of information provided by a candidate, notwithstanding any verification measures. The same limitation of liability applies to matters concerning the parties’ religious beliefs, age, financial situation, the presence or absence of any illnesses, political, interethnic or ethnocultural views, as well as any conflict situations between the Client and a candidate.
1.9. Clients of the Marriage Agency may be male persons who have a lawful basis for residence in the EU and are at least 30 years of age. (There are some doubts as to whether this is an unnecessarily artificial restriction.)
1.10. The website https://www.divamarriage.com and its services are provided on an “as is” basis, to the extent permitted by law. The Agency does not warrant that the website will meet the Client’s purposes or expectations, or that the website or any of its individual functions will operate uninterruptedly or without errors. The Agency may change the functionality provided by the website, in whole or in part, at any time.
1.11. The Agency shall not be liable to the Client for delays or interruptions arising directly or indirectly from causes beyond the Agency’s reasonable control (including internet, application or power outages, etc.). The Agency is likewise not responsible for the quality of services necessary to use the website where such services are provided by third parties. Temporary restrictions on access to the website and/or its individual functions due to scheduled website maintenance shall not constitute a breach of the Agency’s obligations. The Agency is not required to notify the Client in advance of scheduled website maintenance.
1.12. The result of the services does not include the Agency finding a suitable partner for the Client with specified characteristics and/or within specified time limits.
2. Service Packages, Prices and Payment Procedure
2.1. The Agency offers three tariff plans (service packages): Standard, Premium and VIP. Each tariff plan differs in price, duration and the list of services provided.
2.2. The Standard plan, priced at EUR 79, is valid for 1 month and includes registration with the Agency, an initial interview, access to the profiles of the Agency’s female members, the opportunity to express interest in getting acquainted with up to 3 members, and support by email and WhatsApp.
2.3. The Premium plan, priced at EUR 159, is valid for 3 months and includes registration with the Agency, an initial interview, access to the profiles of the Agency’s female members, the opportunity to express interest in getting acquainted with up to 10 members, and priority support by email and WhatsApp.
2.4. The VIP plan, priced at EUR 349, is valid for 6 months and includes registration with the Agency, an initial interview, access to the profiles of the Agency’s female members, the opportunity to express interest in getting acquainted with an unlimited number of members, and priority support by email and WhatsApp. In addition, the Client may request an individual search for potential female partners based on the Client’s preferences. Individual searches are carried out at the Client’s request and do not guarantee mutual interest from members or their consent to an introduction.
2.5. Conditions for Arranging Introductions
The number of members specified in the description of each tariff plan means the number of members in respect of whom the Client may express interest in getting acquainted under the selected plan. The availability of this opportunity does not in itself guarantee an actual introduction to each member selected.
The possibility of proceeding with an introduction depends on the mutual interest of the Client and the relevant member, as well as her voluntary consent to further communication. The Agency does not guarantee that all members selected by the Client will express interest in getting acquainted or agree to an introduction.
The absence of mutual interest does not in itself mean that the Agency has failed to provide the services properly, provided that the Agency has delivered the services included in the selected tariff plan.
The terms of an individual search, whether included in a tariff plan or separately agreed by the parties, do not guarantee mutual attraction, consent to an introduction or the development of a relationship.
2.5. Up-to-date information about tariff plans, their prices, validity periods and scope of services is also published on the Agency’s official website: https://www.divamarriage.com.
2.6. The price of the services is determined by the tariff plan selected by the Client and is stated on the relevant pages of the Agency’s official website.
2.7. Payment shall be made in the amount of 100% of the price of the selected tariff plan, unless otherwise agreed by the parties in writing.
2.8. The Agency shall begin providing access to the closed database of members’ profiles after confirming receipt of payment for the selected tariff plan, receiving the registration information required from the Client, and completing the identity and age verification carried out by the Agency. The principal service shall be deemed to have commenced when the Client is actually granted access to the closed database of profiles in accordance with the selected tariff plan. The term of the tariff plan shall be calculated from the date such access is granted, unless the description of the relevant plan provides otherwise. If access is delayed because the Client has not provided the required information or documents, the Agency shall notify the Client that they must be provided. This clause does not limit the Client’s statutory rights to withdraw from the Agreement.
2.9. Payments are processed through secure payment systems using encryption and protected data transmission channels, in accordance with the requirements of international payment systems. Any fees charged by payment agents (systems) or banks that reduce the amount received by the Agency shall be borne by the Client. The prices of the tariff plans specified in clauses 2.2–2.4 do not include fees charged by payment agents (systems) or banks.
2.10. If there are reasonable grounds to suspect the use of stolen payment instruments, fraudulent activity, unauthorised use of bank cards or other unlawful activity, the Agency may suspend the provision of services pending completion of an investigation or terminate the Agreement in accordance with applicable law.
2.11. The Client warrants that they use payment instruments belonging to them or lawfully made available to them and are responsible for the accuracy of the payment information provided.
3. Refund Conditions (Withdrawal from Services)
3.1. The Client may withdraw from the Agreement within 14 (fourteen) calendar days from the date of its conclusion, unless otherwise provided by this Offer or applicable law.
3.2. To exercise the right to withdraw from the Agreement, the Client shall send an unequivocal notice of withdrawal to the Agency at the email address specified on the Agency’s official website. The notice must contain information enabling the Client and the relevant order to be identified. The Client is not required to state a reason for withdrawal. As a rule, the Agency shall use the same payment method for the refund as the one used when concluding the Agreement, unless otherwise agreed with the Client and permitted by applicable law. The Client may provide additional information required to identify the payment where reasonably necessary to process the refund.
3.3. If the services have commenced at the Client’s request before the withdrawal period has expired, the Agency may retain the price of the services actually provided in accordance with this Offer and applicable law. The value of the services actually provided shall be determined solely on the basis of the Agency’s records, since the Client is objectively unable to establish the Agency’s expenses and costs.
3.4. Refunds shall be made within 14 business days of receipt of the Client’s reasoned notice and the Agency’s decision to grant the refund. The refund shall be made to the same payment details from which payment for the Agency’s services was received.
4. Rights and Obligations of the Parties
4.1. Obligations of the Agency
4.1.1. Conduct a preliminary online consultation with the Client to understand the Client’s request, expectations and objectives, and to provide information about the Agency’s services and available tariff plans.
4.1.2. Provide the Client with access to the closed database of the Marriage Agency’s members’ profiles after confirming payment for the selected tariff plan and fulfilment of the necessary registration requirements.
4.1.3. Use documents provided by the Client for identity verification solely to verify the Client’s name and date of birth. After verification is complete, the Agency shall delete images of the documents from correspondence and other storage locations controlled by the Agency, unless further retention is required by law or on another appropriate legal basis.
4.1.4. Enable the Client to complete a questionnaire containing information necessary for registration and the provision of services. The questionnaire may include the Client’s name, date of birth, place of residence, height, photographs, interests, marital status, information about children and other information provided by the Client for introduction purposes.
4.1.5. Ensure the confidentiality of the Client’s personal data and process such data in accordance with applicable data protection legislation, including the EU General Data Protection Regulation (GDPR), and the Agency’s Privacy Policy.
4.1.6. Provide the Client with access to the closed database of members’ profiles in accordance with the selected tariff plan. The Client independently reviews the profiles and decides which members they are interested in getting acquainted with.
4.1.7. The Agency does not guarantee mutual attraction or interest between participants, a reply to a message, consent to an introduction or meeting, continuation of communication, the development of a romantic relationship or marriage.
4.1.8. The Agency does not make decisions on behalf of the Client or members, does not control their personal communication or relationships, and is not responsible for participants’ decisions, actions or omissions in the course of their personal interaction.
4.1.9. The absence of the result desired by the Client does not in itself constitute evidence of improper provision of services, provided that the Agency has fulfilled its obligations to provide access to the database of profiles in accordance with the selected tariff plan.
4.1.10. This section does not release the Agency from liability for its own breaches of obligations, failure to provide paid access, improper provision of services or violation of data protection and consumer rights legislation.
4.2. Obligations of the Client
4.2.1. Complete the Agency’s questionnaire and provide accurate and up-to-date information about themselves, including the requested questionnaire details, photographs and information necessary for registration and access to the database of members’ profiles. If any information in the questionnaire changes, promptly update it.
4.2.2. Upon the Agency’s reasoned request, provide an identity document, such as a passport or ID card, to verify the Client’s name and date of birth. The Client may conceal the document number and any other information not required for this verification, provided that the necessary information remains legible.
4.2.3. The Client warrants the accuracy of the information and documents provided and confirms that the photographs submitted depict the Client personally and that the Client has the necessary rights or lawful grounds to provide them and allow the Agency to use them for the provision of services. The Client may not impersonate another person, use another person’s documents or knowingly provide false information about their identity, age, marital status or other material circumstances.
4.2.4. Use profiles, photographs, contact details and any other information about members solely for personal review and for establishing contact with a view to the possible development of personal relationships.
4.2.5. Not transfer, forward, publish, distribute or otherwise make available to third parties any profiles, photographs, personal data, contact details or other materials about members obtained through the Agency, including through social networks, messengers, email, websites or other communication channels.
4.2.6. Not use information about members to create personal databases, catalogues, publications or other information resources, or for commercial purposes.
4.2.7. Not use the information and materials obtained for stalking, unwanted contact, threats, blackmail, scams, harassment or any other actions that violate the rights or privacy of members.
4.3. Rights of the Agency
4.3.1. Request that the Client provide an identity document, such as a passport or ID card. For verification purposes, the Client may conceal the document number and any other information not required to verify the Client’s name and date of birth, provided that the necessary information remains legible.
4.3.2. Refuse to provide access to the database of profiles until the Client’s identity and age verification has been completed, where such verification is required by the Agency’s registration requirements. If the necessary information cannot be verified, the Agency may refuse to commence the provision of services, subject to the Agreement and applicable law.
4.3.3. Temporarily suspend the Client’s access to the database of profiles or discontinue the provision of services where there are reasonable grounds to suspect fraud, the provision of knowingly inaccurate information, unlawful use of information about members or other material breaches of this Offer.
4.3.4. Discontinue the provision of services in the event of threats, stalking, blackmail, harassment, abusive behaviour, attempts to exert pressure or other unlawful actions by the Client against the Agency, its employees, members or third parties. In such cases, payments made by the Client for the tariff plan shall not be refunded (the same condition applies to a breach of the obligation under clause 4.3.5).
4.3.5. Where there is reasonable evidence that the Client has breached confidentiality requirements or has copied or distributed information about members without authorisation, the Agency may suspend access to the database of profiles or discontinue the provision of services in accordance with this Offer and applicable law.
4.3.6. If unauthorised distribution of materials about members is identified, the Agency may demand that the breach cease and that unlawfully distributed materials be deleted, and may use other remedies provided by law to protect its rights and the rights of affected persons. The Agency may also claim compensation from the Client for losses caused by such unauthorised distribution of materials.
4.4. Rights of the Client
4.4.1. Obtain access to the closed database of profiles after fulfilling the registration requirements and paying for the selected tariff plan.
4.4.2. Independently review the available profiles of members and select those with whom the Client is interested in getting acquainted, within the limits of the selected tariff plan.
4.4.3. Receive services to the extent and for the period provided for in the selected tariff plan.
4.4.4. Request the correction of inaccurate personal data and exercise other rights in relation to their personal data in accordance with applicable law and the Agency’s Privacy Policy.
4.4.5. Withdraw from the Agreement or discontinue use of the services in accordance with this Offer and applicable law, including any statutory right to withdraw from a distance contract.
4.4.6. Independently decide which members they wish to get acquainted with and whether to continue communication. The Agency does not guarantee mutual interest, a reply, consent to an introduction, the development of a relationship or marriage.
4.4.7. Report improper (inappropriate or unacceptable) conduct by a member selected for communication, providing evidence of the relevant circumstances. The decision to remove or block such member from the website database shall be made solely by the Agency.
Any obligations of the parties not provided for in this Offer shall be governed by the laws of Austria and the European Union, taking into account the hierarchy of applicable legal acts.