Terms & Conditions
Effective Date: June 1, 2021
1. Agreement
By using any services (the “Services”) of CLICK MATCHMAKING INC. (hereinafter along with its employees and agents, “CLICK MATCHMAKING INC.”) or the website at info@clickmatchmaking.com (the “Website”) you hereby agree to be bound by the agreements, terms and conditions provided in this agreement (the “Agreement”). If you do not agree to the terms of this Agreement, you may not use the Website or Services.
Throughout this agreement CLICK MATCHMAKING INC. will be referred to as “us” or “we”. You, the user of the Website or the Services, will be referred to as “you” or “user”.
This agreement is conclusively deemed to be a contract made under the laws of the Province of Ontario, and for all purposes is to be construed with the laws of the Province of Ontario without regard to principles of conflicts of law.
2. Definitions
“Match” means any person who you interact with in any way as a result of using our Services.
“Meeting” means any event or meeting in which you interact with us, a Match, or any another individual that uses our Website or Services or that has been suggested, arranged or organized by us.
“User” means any user of the Website or the Services.
You may use the Website and the Services only as long as you continue to agree to be bound by the terms of this Agreement. We may change the terms of this agreement (the “Changes”) at our discretion. The Changes shall be effective as of the effective date listed in the then current Agreement. Use of the Website or Services after any Changes constitutes your acceptance of the Changes. Should you not agree with the Changes, you may terminate the Agreement by stopping use of the Website and Services and providing written notice to us of your termination.
A copy of the current Agreement may be obtained at the Website by clicking on the ʻTermsʼ link located on the Website or writing to us at info@clickmatchmaking.com.
3. Use and Term
You are bound to this Agreement from the time that you begin using the Website or the Services until terminated by either party.
Your right to use the Website and Services is subject to any limitations, conditions, and restrictions established by us, in our sole discretion. We may alter, suspend or discontinue the provision of any parts of the Website or Services. We may, in our sole discretion, terminate your access to the Website and Services at any time, with or without notice, for any reason including, without limitation, your breach of this Agreement.
Any description of the Services on the Website or otherwise is an invitation to treat and your submission of an application to us (notwithstanding payment of any fee) shall be an offer from you to us requesting the Services you’ve requested. We reserve the right to refuse service to any applicant. Should we refuse service, we will provide you with a refund of any fees paid for services not rendered.
Upon termination by either party, for any reason, you shall cease using the Website and the Services. You may not use the Website or the Services after termination without our prior written consent.
4. Conditions of Use
In order to use the Website or Services you must meet the following criteria and hereby represent and warrant to us that:
a) By using this Service, you represent and warrant that you are at least 18 years old. Our Services are not directed at anyone under the age of 18 years old.
b) You are a legal resident of Canada;
c) By requesting to use, registering to use, or using the Service, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you represent and warrant that you have met the requirements to be legally separated in your jurisdiction, at any time you register to use, or use the Service;
d) You have not been convicted of a violent criminal offence or any criminal offence of a sexual nature. By requesting to use, registering to use, and/or using the Service, you represent and warrant that you have never been convicted of an indictable offence and are not required to register as a sex offender with any government entity. We do not conduct criminal background screenings of our Users, nor are we able to personally identify each User. We cannot be held liable for false declarations made by a Member. It is thus important to take certain common-sense precautions when meeting with another Member. For example, consider informing a close friend or relative of any meeting and plan your first meeting in a public place;
e) You agree to the current terms of the Agreement.
5. Information You Provide to Us
You represent and warrant that the information provided to us by any means, including through the website, by submitting information forms to us and at meetings with us, is accurate and complete. You agree to notify us of a change to any of the information provided to us. Your information is collected and handled in accordance with our Privacy Policy, which is at the end of this agreement, available on our website and by request via email at info@clickmatchmaking.com.
6. Materials You Provide to Us
You represent and warrant that you have the right to provide, reproduce, display and otherwise deal with any materials (including photos and written materials) provided to us and are not in violation of any copyright, trade-mark, or other intellectual property protection law or right in doing so. By providing us with photos, writings, videos or other materials, you grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, reproduce, adapt, and modify such materials. Our Intellectual Property
By using the Website or the Services, you are granted a limited license to use the Website for your own personal non-commercial use only. Any other use of the Website is prohibited. None of the information on the website may be otherwise reproduced, republished, or re-disseminated in any manner or form without prior written consent from us.
All materials on this site, including, without limitation, text, data, information, images, illustrations, audio clips, video clips, special games, surveys and special promotions, are protected by intellectual property laws and rights that are owned and controlled either by us or our affiliates and subsidiaries, or by third parties who have licensed their material to us. We retain all rights to the material on the Website and you may not download, reproduce, republish, upload, post, transmit or distribute them in any way without our prior written consent.
The trade marks, logos and service marks contained on the Website are marks of Click Matchmaking Inc. Nothing in the Website site grants any licence or right to use any such marks without the written permission of the owner of the mark.
7. Code of Conduct
By using the Website or Services you agree to comply with the following code of conduct any time you interact with us, your Matches, and others who you interact with as a result of your use of our Services:
a) You shall be respectful and courteous to any Match and other person you meet as a result of using the Website or Services and not act in a defamatory, abusive, obscene, profane, offensive, threatening manner when in their presence;
b) You shall not harass, stalk, threaten or abuse any Match or other person you meet as a result of using the Website or Services;
c) You shall not promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
d) You shall not impersonate any person or entity nor provide misleading or false information to any Match or other person you meet as a result of using the Website or Services;
e) You shall not solicit business through the Website or from any other User or Match;
f) You shall not intend to defraud, swindle or deceive other users of the Services;
g) You shall not promote or solicit involvement in or support of a political platform, religion, multi-level marketing group, investment scheme, cult or sect:
h) You shall not disseminate or otherwise disclose another person’s personal information without his or her prior written permission, or collect or solicit another person’s personal information for commercial or unlawful purposes;
i) You shall not use this Site or Services for chain letter, junk mail or spam e-mails;
j) You shall not in any way use or in connecting with spamming, spimming, phishing, trolling or similar activities, as these terms are commonly used by information technology professionals;
k) You shall not use the Website or Services for any purpose other than meeting people for personal relationships;
l) You shall not harass, annoy, intimidate or threaten any Click Matchmaking Inc. employees or agents engaged in providing any portion of the Services to you.
m) You shall not copy, distribute, publish, modify, make derivative copies or otherwise deal with any images, written content, information, intellectual property or other materials on the Website or provided to you by us, or a Match or another User;
n) You shall keep all information provided to you by a us, a Match, or User or that you obtained through the Website or Services private and confidential and shall not disclose such information to anyone;
o) You shall not engage in any illegal activity while using the Website or attending any Meeting;
p) You shall not contact us or our members if you have previously been banned from using our Services.
Breach of this code of conduct will result in our termination of all Services to you and no refunds will be issued.
8. No Warranty
The Services and Website provided by Click Matchmaking Inc. are provided “as-is” without any warranty or guarantee of any kind whatsoever, either express or implied.
You use the Website and Services at your own volition. We do not guarantee the compatibility of any individuals that we match for a Meeting. While we complete our due diligence for initial screening to the extent possible, we cannot guarantee the authenticity of information provided to us by a Match. We do not perform criminal background checks on any user or Match. Any suggested prospective match by us is only a suggestion and you are not obligated to attend any Meeting. You are responsible for your own safety at any Meeting. You are solely responsible for any dispute between you and a User or Match.
9. LIMITATION OF LIABILITY, RELEASE & INDEMNITY
IN NO EVENT SHALL CLICK MATCHMAKING INC. BE LIABLE FOR ANY LOSS OR DAMAGES TO YOU WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, OR ARISING OUT OF OR RELATING TO: (A) THE CONDUCT OR ACTIONS OF YOU, A MATCH, A USER OR ANYONE ELSE YOU INTERACT WITH AS A RESULT OF USING OUR WEBSITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY OTHER DAMAGES OR HARM RESULTING FROM OR AS A RESULT OF COMMUNICATIONS OR MEETINGS WITH A MATCH OR OTHER USERS OF THE WEBSITE OR SERVICES; OR (B) YOUR USE OF ANY OF THE SERVICES, BREACH OF THIS AGREEMENT (FUNDAMENTAL OR OTHERWISE) OR FROM ANY TORTIOUS ACTS OR OMISSIONS BY CLICK MATCHMAKING INC., ITS AFFILIATES, EMPLOYEES, OR AGENTS.
YOU HEREBY RELEASE CLICK MATCHMAKING INC., ITS AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS AND OFFICERS FROM ALL LIABILITY WHATSOEVER, FOR ANY AND ALL CLAIMS OR CAUSES OF ACTION THAT YOU, YOUR ESTATE, HEIRS, EXECUTORS OR ASSIGNS MAY HAVE FOR PERSONAL INJURY OR OTHERWISE, INCLUDING ANY DIRECT AND CONSEQUENTIAL DAMAGES, WHICH RESULT OR ARISE FROM THE USE OF THE SERVICES, WHETHER CAUSED BY THE NEGLIGENCE OR FAULT OF EITHER OR ANY OF THOSE PERSONS OR OTHERWISE.
YOU AGREE TO INDEMNIFY US AND HOLD US HARMLESS, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY LOSS OR DAMAGES INCLUDING, WITHOUT LIMITATION, LEGAL FEES, WHICH WE MAY SUFFER FROM YOU (A) BREACHING THIS AGREEMENT; (B) YOUR ACTIVITIES WHILE USING THE WEBSITE OR THE SERVICES; AND (C) AS A RESULT OF YOUR ACTIONS AT A MEETING. YOU SHALL COOPERATE IN THE DEFENCE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, HOWEVER YOU SHALL REMAIN LIABLE FOR ANY SUCH CLAIM.
10. Fees
You agree to pay us all fees charged for any use of the Website or Services in accordance with the terms provided when invoiced or at the time of payment. You acknowledge and agree that any fees charged to you are for the provision of matchmaking suggestions only, and not for any results of any matchmaking services. We do not guarantee any results or that a personal or long-lasting relationship will result from our Services.
You authorize us to charge your credit card for any use of the Website or Services. Any fees paid by you to us are exclusive of HST. All fees paid to us are non-refundable.
11. Arbitration
All parties shall refer all matters in difference between the parties in relation to this Agreement to the arbitration of a single arbitrator, if the parties agree upon one, otherwise to three arbitrators, one to be appointed by each party and third to be chosen by the first two named before they enter upon the business of arbitration. The award and determination of the arbitrator or arbitrators or any two of the three arbitrators is binding upon the parties and their respective heirs, executors, administrators and assigns. The full cost of arbitration will be solely incurred by you.
12. Entire Agreement & Severability
This Agreement constitutes the entire agreement between the parties with respect to all the matters herein and may only be amended in accordance with the terms herein. This Agreement is binding upon your heirs, executors, administrators and assigns.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability attaches only to such provision and everything else in this Agreement continues in full force and effect.
13. Assignment
You may not assign its rights, obligations hereunder or in connection herewith without the prior written consent from us.