GENERAL TERMS AND CONDITIONS.
Updated on: Apr. 26, 2021
In these General Terms and Conditions, the following terms are employed with the meanings set out below:
Account: The User’s dedicated personal area within the Application, which he or she accesses when he or she registers and connects to the Application. It enables the User to access the Services. A User may only have one Account.
Application: The RRW application.
Facebook Connect: A feature enabling Users to use their Facebook account to log into the Application, in order to simplify the registration process.
Super like: An event that allows user A to notify user B his/her interest. When user A is presented to user B, user B can choose up to 5 secret filters (instead of 2) to match with user A.
Google Connect: A feature enabling Users to use their Google account to log into the Application, in order to simplify the registration process.
GTC: These General Terms and conditions.
Like: An action represented by a heart (or a swipe to the right), expressing interest. This function is confidential and no notification is sent unless the “Like” is reciprocated.
Match: An event that is created between two profiles, triggered by a Like on both profiles. It represents mutual interest and sends out a notification, allowing Users to start a conversation.
Messages: Messages sent/received in the personal inbox. They are stored in an inbox, which is accessible via the icon on the bottom right of the homepage.
Packs: Bundles of Super Likes purchased by Users.
Pass: An action represented by a cross and done by a swipe to the left, expressing a lack of interest for a user. This function is confidential and no notification is sent to the person passed.
Premium User: A User who has a RRW Premium subscription.
RRW Premium: All charged Services offered by RRW in the form of a subscription whose duration is chosen by the User.
Really Really Want (« RRW »): trademark and name of the Application.
Services: All services, whether charged or free-of-charge, offered by RRW to encourage virtual or real-life meet-ups between Users who have a mutual interest in one another, according to the selected search criteria.
User: Person registered on the Application.
Article 1: General Provisions
The GTC define the rights and obligations of the parties when using the Application. They form the basis of the contractual relationship between the User and RRW.
1.1 Acceptance of the General Terms and conditions
These General Terms and Conditions (GTC) determine the main rules of use for the Application.
By creating an account on Really Really Want, users accept and agree to be bound by these GTC.
If Users do not agree to these GTC, the use of the Application cannot be granted.
1.2 Independence of Provisions
In the event that a provision of these GTC is declared null and void or inapplicable due to the effects of a law, regulation or ruling by a court with relevant jurisdiction, the other provisions shall remain effective and in force, unless these GTC become distorted, or the obligations of the parties significantly thrown out of balance.
Article 2: Amendments to the GTC
RRW reserves the right, unilaterally and at any time, to supplement or modify these GTC as it sees fit or to terminate the Services.
It is the User’s responsibility to carefully read the updated GTC and to be fully aware of any changes ensuing from said updates.
Complete acceptance of the changes is implied by the User’s use of the Services following the updates of the GTC.
In the event of a disagreement with the changes made to the GTC, he or she may terminate the Services and delete his or her Account as per Article 11.
All new version of the GTC shall be effective immediately for all Users.
Article 3: Your account
3.1 Downloading Really Really Want’s Application
Really Really Want’s application is a progressive web app and is available on https://really-really-want.com.
As such, it can be used directly from any internet browser on any device (computers, smartphones, or tablets).
It can also be downloaded and installed on your smartphones using RRW’s website. Installing the app will allow you to use the Application as if it was an app downloaded from the Google Store or the App Store.
Being a progressive web app, Really Really Want’s Application is absent from stores (including the Google Store or the App Store).
To install Really Really Want’s Application on your smartphone or your computer, you have to go to https://really-really-want.com and click on “Install the app”.
For end-users, there is almost no difference between an application installed from a store (native app) and one installed from a website (progressive web app). Only the install process is different.
Progressive web apps have many perks including:
- Its users can use the application without having to install it
- They can be used from any internet browser
- Its users don’t have to update them, they’re natively updated
- They can be used on smartphones as if they were installed from Google Store or the App store (i.e. an icon installed on your homescreen)
- They are fast and light weight.
3.2 User’s Rights when Registering
Provided that the required conditions for User status are met, RRW grants the User a personal Account, which includes:
- A profile page
- An inbox
A User may only have one Account.
The User must be over the age of 18, and must guarantee that all information provided when registering is true and up-to-date.
Registration can be done in multiple ways including :
- Facebook Connect
- Google Connect.
Article 4: Services provided
4.1 Purpose of the Service
The Application provides RRW Users with a user-friendly setting in which to contact other Users in order to set up virtual or real-life meet-ups for personal and recreational purposes. Each User is free to talk to and create relationships with other Users in compliance with these GTC and the Law.
The Services offered by RRW may in no case be likened to a counseling or marriage bureau service. Its sole aim is to facilitate virtual or real-life meet-ups through the Application between Users with mutual interests.
Some of RRW’s services are available on the Application free of charge (apart from connection and telecommunication costs) for Users who agree to comply with these GTC, including:
- Sending of confidential Likes.
- Sending of Messages when one has a Match.
- Deleting Matches.
- Viewing of other Users’ profiles.
- Passing an unlimited number of profiles.
- Blocking all Users whose conduct justifies such an action.
- Configuring his or her search criteria.
- Completing his or her profile in compliance with the GTC.
Charged services provided via the Application are available to Users after purchasing a Pack or a RRW Premium Subscription, the conditions of which are set out in article 9.1.
Article 5: Protection of Personal Data
In compliance with the European Regulation (EU) 2016/679 of the European Parliament and of the Council dated April 27th, 2016 (the « GDPR ») and any applicable national data protection law (the « Data Protection Law ») , RRW as a Data Controller, is very concerned with the protection of your personal data and the respect of your privacy, and undertakes to comply with any provisions of the Data Protection Law.
Article 6: RRW’s Obligations and Liability
RRW PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. REALLY REALLY WANT DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, THAT (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR THAT (C) ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
RRW TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, EG. THE RECEIVING OF EXTERNAL URLS SENT BY OTHER USERS THROUGH THE CHAT.
6.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RRW, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF RRW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RRW’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO RRW FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
As a hosting provider and pursuant to Article 6.I-7 of the French Trust in the Digital Economy Act of June 21, 2004, RRW has no legal obligation to monitor the content sent or stored via the Application.
However, RRW allows its users to report behaviors that are non-compliant with the GTC or the Law by sending an email at [email protected]
Users can report the content described in Article 6.I-7 of the French Trust in the Digital Economy Act if it constitutes apology for crimes against humanity, apology for and incitement to terrorism, incitement to racial hatred, incitement to hatred based on gender, sexual orientation or handicap and inter alia child pornography, incitement to violence against women and violation of human dignity.
When the content published by a User is reported, the transmitter’s account can be suspended or terminated. This decision is based on the proof given by the report’s author. In no case the identity of the report’s author will be disclosed to no one.
In addition, the User can decide to block another User whose conduct does not comply with the rules of etiquette in order to prevent any conversation with him or her. This action allows Users to control the Users with whom they want to keep in touch or not.
Should content be published that was reported and that may be seen as a violation of law or regulations, the User who is a victim of this content is encouraged to submit a complaint to the appropriate police authorities.
The reporting system put in place by RRW does not replace any complaint and judicial procedure against a User who authored the reported content.
Any misuse of the community moderation system or any unjustified reporting of a User shall be considered a breach of these GTC, and penalties may be imposed including Account suspension/termination, or even legal proceedings under which damages may have to be paid to victims.
6.4 Safety and Duty of Caution
The User is solely liable for checking the identity of the people with whom he or she wishes to arrange a “real-life” meet-up. In no event shall RRW be held liable for any problem whatsoever arising from a “real-life” meet-up.
Though RRW encourages a respectful use of the features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, RRW is not responsible for the conduct of any user on or off of the Service.
You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT RRW DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. RRW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.
Article 7: Code of Conduct
7.1 Users’ Liability
User undertakes to the extent permitted under applicable law, to indemnify, defend and hold harmless RRW, our affiliates, and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
In order to use the Service, all of the following conditions must be met:
- Must be an adult (minimum of 18 years old on last birthday).
- Must honestly and truthfully fill out the RRW’s profile information. The User must provide the first name, sex and date of birth shown in his or her personal information.
- Must agree to regularly update the information provided when accessing his or her Account from the Application.
7.3 Community rules
In order to remain a User, all of the following conditions must be met:
- Be honest and truthful in his or her statements.
- Only post photos and/or profile information that allow a User to be easily identified, excluding photos and/or information in which third parties or items with no connection to the person or User appear, such that RRW reserves the right to delete, at its discretion, any photo and/or profile that does not meet these requirements.
- Refrain from posting any confidential information about others such as financial data.
- Refrain from posting any content or photos on the Application which are pornographic or which violate modesty and human dignity.
- Respect the private nature of content and conversations exchanged with other Users through the Application, and therefore refrain from disclosing the content of such Messages to third parties.
- Refrain from violating intellectual property or laws on personality rights.
- Refrain from disrupting public order.
- Refrain from committing defamation, and more generally from using insulting language, particularly of a racial or discriminatory nature.
- Comply with current laws and regulations.
- Refrain from inciting violence or advocating terrorism, war crimes or crimes against humanity.
- Refrain from infringing upon accepted etiquette and standards of politeness with other Users.
- Refrain from infringing upon the normal running of the Application’s Services or infrastructure in any way.
- Refrain from using robots or tools other than those provided by RRW when using the Application to contact other Users.
- Refrain from using the Application to arrange professional services (eg. escort services).
- Refrain from approaching other Users with the aim of promoting paid services or products.
- Refrain from disclosing his or her login information to other Users, particularly the user name and password to his or her Account.
- Refrain from advertising or encouraging in any way the use of any other service, whether or not it is a competing service, and refrain from committing any offense relating to unfair competition.
- Refrain from using the Application to organize gatherings or demonstrations.
The User shall not copy and/or disseminate, and/or transfer technical data that he or she might intercept on the network connected to the RRW application.
7.4 Personal Use
Users may access the Services of his or her Account by connecting to the Application using a confidential login and a password.
The User is solely responsible for his or her login information and must ensure that no third party may access them.
In particular, the User shall specifically hold RRW harmless against any communication, use or declaration made using his or her Account.
Users commit to use the Application solely for personal use.
RRW must not be exploited for commercial, promotional, electoral or recruitment purposes.
It is strictly prohibited to send marketing and/or commercial Messages and/or newsletters via the RRW inbox, including but not limited to content, guidelines or hyperlinks to third-party sites or materials, particularly those of RRW’s competitors.
7.5 Illegal behaviour
In no event shall RRW be held liable for actions by its Users which are illegal or which incur criminal penalties, including but not limited to:
- All types of scams,
- All activities of a commercial or professional nature,
- Identity theft,
- An infringement of a third-party intellectual property right,
- An infringement of personal rights, such as image rights and the respect of the right to privacy.
All photos with a pornographic or exhibitionist nature, or which violate modesty and are generally offensive to moral values are strictly prohibited. The publication of such photos will be considered as a serious offense which can lead to the suspension and/or termination of the User’s Account, in addition to any other penalties that may be imposed by the courts.
Users must regularly check his/her inbox mail by which RRW will keep him/her informed, among other things, of information relating to his/her Services.
Article 8: Purchases
8.1 RRW Premium Subscriptions
Each User may sign up for a RRW Premium subscription at any time.
Premium Users have access, in addition to free services, to additional services reserved for subscribers (such as Super Likes more frequently, or unlimited number of Likes).
Subscription offers access to RRW Premium for a period corresponding to that of your subscription.
8.2 Packs of Super Likes
Super Likes are available in packs of multiple Super Likes.
Packs are cumulative. The number of Super Likes in each Pack purchased is added to the Packs already in the User’s Account.
Packs are also cumulative with subscriptions, meaning that they allow Users to benefit from more Super Likes than those to which Premium Users have access to.
8.3 Payment Terms
RRW offers products and services for purchase through Stripe, our partner for the payments.
RRW does not collect any banking information. Your bank details are collected and processed directly by Stripe and remain outside of RRW’s control.
Users who choose to make purchase will be invited to confirm their purchase with Stripe. Their Payment Method will be charged at the prices displayed to them for the service(s) they’ve selected.
8.4 Auto-renewal (no)
The “Premium” contract between this User and RRW starts when he/she signs up for it and lasts for the entire subscription period chosen.
Subscriptions are not automatically renewed. If a Premium user wants to renew his subscription, he/she has to go over the payment process once more.
The provision of Packs for use in the Application, and the RRW Premium Subscription are services that start immediately upon the acceptance of your purchase of such Packs and Premium Subscription. Therefore, by purchasing packs and/or subscriptions you expressly give up your right of withdrawal.
ALL PURCHASES OF PACKS AND PREMIUM SUBSCRIPTIONS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
YOU ACKNOWLEDGE THAT RRW IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF PACKS AND RRW PREMIUM SUBSCRIPTIONS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PACKS AND RRW PREMIUM SUBSCRIPTIONS WHEN AN ACCOUNT IS CLOSED OR TERMINATED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Packs purchased or offered by RRW may only be used for the term during which the Account remains active, in compliance with the GTC. In the event of early termination of the Account, any remaining Packs at the date of termination or deletion of the User Account shall be permanently deleted from the User Account, without compensation of any kind. A subsequent re-registration of the User will not allow him or her to recover the lost Packs. Same results occur for subscriptions onto terminated or deleted account.
Article 9: Means to inform Users
The User may receive notifications through the Application to notify them of important events, including but not limited to:
- A Message received from another User,
- A new Match.
Users can receive a newsletter once they have signed up into RRW.
The unsubscription may be done at any time by clicking on the “unsubscribe” link provided in the newsletter.
Article 10: Intellectual and Industrial Property Ownership
10.1 Trademark Ownership
Really Really Want is a trademark that has been registered with various national and international offices, in particular with the World Intellectual Property Organization.
Any reproduction and/or use and/or partial and/or total affixing and/or modification and/or deletion of the trademark and related rights, such as for example (without limitation) the Application’s slogan and logo, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without RRW’s prior, express and written authorization, and may give rise to legal proceedings.
10.2 Copyright Ownership
The original works provided by RRW are exclusively owned by RRW.
Any representation and/or reproduction and/or distribution and/or partial and/or total exploitation of the content and Services provided by the Application, such as for example the software, animations, text, photos, videos, graphics and more broadly the general structure, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without RRW’s prior, express and written authorization, and may give rise to legal proceedings.
10.3 License granted
Rights granted by RRW to the user are restricted to private and personal use. Any other use by the User is prohibited without RRW’s prior, express and written authorization.
The User grants RRW and its partners a free-of-charge, non-exclusive, non-transferable, non- sub-licensable, national and permanent license for the use, reproduction, representation, modification and translation of any basic intellectual property-related component (text, photos, videos, etc.) that it may provide through the Application for the non-exclusive purpose of communicating with other Users. RRW shall use this license in a manner which complies with image rights and respect of the right to privacy which protects the user’s personal data, without misrepresenting the true nature of the User’s profile and therefore in keeping with this profile. This license permits RRW to ensure that these components are compatible with its technical performance or the required media formats. These rights are granted on an international basis and throughout the performance of these GTC between the User and RRW.
The User shall remain the owner of any content and personal data that he or she provides.
The User shall hold RRW harmless against any legal action, appeal or conviction brought against him or her due to his or her infringement of a third party’s intellectual property rights. The User shall hold RRW harmless against any claims or damages which may result from it including, but not limited to, requests for compensation.
It is strictly prohibited to design a product similar to the Application or to create a derivative, and more generally to be guilty of parasitism, imitation, a smear campaign or any other act of unfair competition. RRW reserves the right, in this case, to serve a writ on the User in question in view of obtaining compensation for the injury caused by the User.
Article 11: Termination
11.1 Deletion of the profile by the User
The User may decide, at any time and without notice, to delete his or her Account using one of the following means:
- By going to the Settings of the application > Delete account.
Consequently, the User’s profile, all the data provided (including photos, email address, birthday, first name) will be permanently deleted, including the remaining Packs and subscriptions in his or her Account.
Should the User wish to start using the Application again after deleting his Account, he or she must register under the same terms and conditions as the initial registration.
11.2 Suspension/Termination of the Account by RRW in case of breach of GTC
In case of breach of GTC by the User, his or her account can, at any time, be suspended as a safeguard measure and then terminated as of right by RRW.
RRW will be entitled to suspend a User’s account as long as necessary to allow RRW’s customer service team to make all investigations necessary following the report as required by Article 6.3 hereof or in case of presumed breach of GTC which may be remediated.
The User whose Account is suspended will be informed by RRW of such a decision by way of a notification by email. The User is invited to contact RRW customer service by email in order to obtain more information on the reasons for the suspension and in order to provide explanations and/or bring the proof that the breach has been remediated.
If within 30 days following the notification of the account suspension, the User has not contacted RRW customer service, or if the elements given by the Users did not help to remedy the breach, RRW will be entitled to notify the User of termination of his or her Account by email.
The termination of an account by RRW has the effects of a deletion by the User except that the User is banned for an unlimited period of time from RRW.
11.3 Deletion of Inactive Accounts by RRW
RRW can delete inactive accounts as defined below.
An account is considered inactive if after a continuous period of one year, both of the following conditions are met:
- The Application of the User did not establish contact with RRW’s servers (including because of deactivation of the geolocation process);
- The User has not used the Application.
In any event, the Account of a Premium User is not considered inactive.
The User will be informed by email (email address given in the Application) of the deletion of his or her account subject to prior notice of eight (8) days.
During the period of notice, the User may reactivate his or her Account, which results in the suspension of the deletion procedure. All content from the User’s profile will then be preserved.
At the end of the period of notice and in the absence of a contrary intention expressed by the User, the Account may be deleted by RRW.
Once the Account has been deleted:
- The User’s profile will be made invisible to other Users.
- The User’s data shall be immediately deleted.
- The remaining Packs in the User’s Account on the day the Account is deleted shall be definitively lost without the possibility to claim any reimbursement.
Article 12: Confidential information
Neither RRW nor the User are authorized to disclose confidential information between them.
Each party agrees to comply with a confidentiality obligation which requires them to prefer confidential negotiations in the event of a disagreement.
Article 13: Governing Law and Dispute Resolution
13.1 Governing Law
These GTC shall be governed by French law, exclusive of any conflict of laws rules whatsoever.
13.2 Dispute Resolution
In the case of dispute, the User agrees to contact RRW directly in writing by email prior to taking any judicial or extra-judicial action, in order to try and find an amicable settlement to this dispute.
13.3 Competent jurisdictions
In case of failure to resolve the dispute amicably the User is informed that he or she may choose to have recourse to mediation, free of charge, and submit its dispute to the Online Dispute Resolution platform proposed by the European Commission, which may be accessed at the following address: http://ec.europa.eu/consumers/odr/.
Any challenge or dispute related to the formation, interpretation, performance or termination of these GTC or in any connection therewith which has not been amicably settled shall be submitted to the relevant courts of Paris (France).
Article 14: Contact
Really Really Want
111 avenue Victor Hugo
75544 Paris cedex 16