Terms and Conditions for Membership between Matchbox and the Client
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE MATCHBOX WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
This Internet web site is provided by Matchbox Matrimonial ('the Company'). This is a legal agreement between you and Matchbox Matrimonial. By using this website, you agree to be bound to the following Terms and Conditions. If you do not agree with these terms and conditions then you are not authorized to use or access this web site. The profile form is a contractual offer by you to us subject to these Terms and Conditions and no others. On acceptance by us, there exists a binding contractual relationship between you and us. This document ('The Membership Terms and Conditions') sets out the relationship between you and the Company.
This Agreement is subject to change by Matchbox in its sole discretion at any time, and any such changes will be posted on the Site. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
The Company agrees with you as follows:
Definitions: In this agreement the following words shall have the following meanings:
'Us' refers to Matchbox Matrimonial and 'we' and 'our' will be construed accordingly. 'You' refers to the customer or user who uses the site subject to these Terms and Conditions and 'your' will be construed accordingly.
'Advertisement' refers to the Advertisement(s) placed by you on the Muslim Matrimonial web site. 'Site' means our web site located at www.YourSearchEndsHere.com, and;
‘Content' means the information and other material available within the Site.
- We only accept membership applications from single, widowed, divorced or Islamically divorced AND legally separated adults ascribing to the Muslim religion, over 18 years of age. PLEASE NOTE we do not provide services to anyone who is already Islamically married.
- No children are eligible to apply for such membership.
- By submitting a profile you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. MATCHBOX DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Matchbox reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
- Your membership is for your sole, personal use only. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
- We cooperate with law enforcement enquiries including other parties’ rights to enforce laws such as intellectual property rights fraud and other rights. You expressly authorize us to disclose any information about you to law enforcement and other Government Agencies including the police, which we, at our sole discretion, believe necessary or appropriate in connection with any fraud, intellectual property infringements or other activity, which is, or may be illegal or may expose us to legal liability.
- Use of all our services requires your completion of the Profile Questionnaire in order for Matchbox to find highly compatible matches for you. Matchbox may still deliver matches to you if you have not completed the PQ, provided that the self-select portion (e.g. religious values, distance, age preferences, etc.) has been submitted. These pre-PQ matches will not be confirmed as compatible.
- EVENTS: We may from time to time hold matchmaking events. Invitations to attend and purchase tickets for our events are at our sole discretion and subject to the terms and conditions of attending events, available in writing from us. We make no guarantee as to the number (if any) of social events which we will organize, nor the number of compatible introductions made to you.
- ONE-TO-ONE INTRODUCTIONS: Matchbox will make introductions based on a combination of your PQ and the telephone interviews conducted with you by Matchbox team member. We make no guarantee as to the number (if any) of introductions we make to you.
- Matchbox makes no assurances that any introductions made will definitely result in a match.
- Matchbox may not be able to provide matches for everyone seeking to use its services. Further, Matchbox makes no guarantees as to the number or frequency of matches through the One-to-One Introduction, or to such matches' ability, desire or criteria to communicate with any user. You understand that Matchbox makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the One-to-One Introductions or as to the conduct of such individuals.
- From time to time, your profile may be selected to introduce you to specific compatible matches, in which case we may offer you a limited complimentary subscription (if you are not already a subscriber to the One-to-One service) in order to enable you to meet such specific match. You will be under no obligation to accept such complimentary subscription or to meet with or communicate with the match(es) we may introduce to you.
- You will pay a registration fee of $50 that corresponds to the administration of your questionnaire and interview. This fee is nonrefundable. Should you choose to continue your use of Matchbox services and pay a service fee, this registration fee will be deducted from your service fee.
- Prior to acceptance by us of your profile, such that we become agents assisting in finding you a spouse, you will submit to us:
- A completed application form;
- A completed interview with a Matchbox Matchmaker
- The necessary fee, which shall be made payable to “Muslim Matrimonial Inc” from whom all transaction receipts will be issued;
- At least two non-returnable photograph for internal use only as part of the member profile in our database and for exchange during the compatibility brief section.
- You agree to pay for our service:
- If applying on-line, by way of payment from a Paypal account, debit or credit card which either belongs to you or which you are otherwise authorized to use. We will be entitled to receive payment prior to commencing service and again following the completion of the payment term previously given if you still require use of our service.
- NO REFUNDS WILL BE GIVEN EITHER IN WHOLE OR IN PART. We may, on a case by case basis, and as a gesture of good will, issue a PARTIAL refund. Such a refund will in no instance be deemed obligatory nor will it oblige the Company to issue it is again even if circumstances are deemed exactly the same. The decision of issuing the refund will be at the sole discretion of the Matchbox team.
- You acknowledge and agree that in no circumstances will Advance payment be refundable by us (whether in whole or in part). When making paying you agree to pay for either entry to a Matchbox Event or sign up to Matchbox One to One service.
- Your membership will expire automatically at the end of an event or upon the number of introductions you have paid for, as per the One-to-One service agreement.
- If the fee is not paid on, before or after the submission of a profile; we shall, until actual payment of the fee, have the right to suspend or cancel membership. After a fee is paid, and prior to the commencement of service, we have the right to suspend or cancel membership at our sole discretion. There is no guarantee that you will receive a refund in such an event.
- The fee in respect of subsequent periods shall be in accordance with our then current rate card, which we may vary from time to time, provided notice thereof has been given via publication on the website.
- ANY MISREPRESENTATION, including pictoral representation, however minor it may be deemed, may result in the immediate cancellation of your membership with NO refund.
- Any and all personal contact information you are required to provide by Matchbox will be accurate and up to date; including but not limited to; Email, Telephone, Blackberry IM, Facebook, Street address, Full name, URL, MSN/Yahoo chat or any other communication systems.
- The data posted to a profile has to accurately reflect the details of the single person using the profile. It is your responsibility to ensure the accuracy of all details (personal or otherwise) provided by you about yourself to us for inclusion in your profile.
- It is your responsibility to inform us of any changes to personal details or circumstances at the earliest opportunity.
- You are solely responsible for the content or information you transmit to other members.
- Individuals are only permitted to have a single member profile on the site, under no circumstances are duplicate or test profiles allowed.
- You assume all risk when using the Services, including but not limited to all of the risks associated with any offline interactions with others, including meeting for marriage purposes. You agree to take all necessary precautions when meeting individuals through the One-to One Introductions service. Matchbox’ Safety Tips are available upon request when entering the One-to-One Introduction phase with your matches.
- You will not post on our service, or transmit to other members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, religiously offensive, sectarian, or illegal material, or any material which infringes or violates another party's rights (including, but not limited to, proprietary rights, and rights of privacy).
- You will not use offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information.
- Matchbox can in no way guarantee the bona fides of the profiles. You must satisfy yourself as to the bona fides of those to whom you are introduced.
- You are solely responsible for your interactions with other members.
- We reserve the right, but have no obligation, to monitor disputes between you and other members.
- It is solely your responsibility to ensure your own safety when meeting/communicating with other members off site.
- We have a zero tolerance policy for any and all activity that will be deemed abuse to staff, including but not limited to, telephone, email, online, Facebook or twitter communication. We will not tolerate any abuse towards any of the Site admin staff at any time. In the event of such abuse we will remove your profile from the database, and any and all fees previously submitted will be forfeit.
- You will use our service in a manner consistent with any and all applicable laws and regulations.
- We reserve the right, but have no obligation, to reject any profile or photo which does not comply with these prohibitions.
- We reserve the right to reject an application on any basis and without providing a reason.
- We reserve the right to expel you immediately in the event that your behaviour has caused complaint and we consider that complaint to be serious and justified. No refunds will be provided.
- We reserve the right to suspend any profile if we deem; it to be inappropriate; or acting in an inappropriate manner; or breaking the site Terms and Conditions or site Code of Conduct; or for other safety and security reason.
- We will automatically remove you from the register after your membership has expired, unless you choose to renew your membership and pay the further applicable fees.
- Signing and submitting the application form, for processing, authorizes us to begin delivery of service and conducting relevant searches for potential partners on your behalf.
- We reserve the right to modify the services without giving any prior notice.
- In the event that you receive via an e-mail or other communication from another member which you consider to be either defamatory, abusive, obscene, profane, threatening, harassing, racially offensive or illegal, or which you consider in any other way infringes the rights of you or another (in all cases an 'Offensive Message'), you should (1) print off and retain a hard copy and (2) save in electronic format a copy of each such Offensive Message. Being able to produce a copy of the Offensive Message is likely to be necessary if you wish to take further action in respect of such Offensive Message either by way of complaint to us, the Police or any other regulatory body.
- For the avoidance of doubt we confirm that we are unable to store and/or trace every e-mail or other communication passing between our members. We repeat that no liability can attach to us as a result of your receipt of the type of communication referred to in this Paragraph.
- We do not accept any liability for your conduct or behaviour after an introduction has been made nor for any information being forwarded on to a third party.
- We accept no liability for any act conduct or your behaviour or comments to or with third parties at events or in one to one communication. In no event shall we be liable for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site whether based on contract, tort, negligence, statutory duty or otherwise, even if we or any of our suppliers have been advised of the possibility of such loss or damage. Your statutory rights in relation to any goods or services purchased through the Site are not affected.
- Opinions, advice, statements, offers, or other information or content made available through our service are those of their respective authors and not ours, and should not be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the service and neither adopt nor endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on our service, or transmitted to our members.
- IMPORTANT - PLEASE READ: We do not have the obligation, responsibility or the technical means to verify the identity of persons who register as members or use our services, or to verify member content.
- You will defend, indemnify, and hold harmless our officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including legal costs) relating to or arising out of your use of our service, including any breach by you of the terms of this agreement.
- We commit to keeping your information and personal details private. With the exception of sharing data during the process of finding you a compatible match for you, either with a client or with third party representatives of a client, we will not pass your details to any third party except upon receiving direct authorization from you.
- This agreement shall continue for successive fixed periods of 12 months unless either you or ourselves has given the other not less than 28 days' prior written notice of termination to take effect at the end of any such fixed period.
- We may terminate this agreement forthwith if you breach any term of this agreement and (if capable of remedy) has not been remedied by you within days of being notified of the breach by us.
- Any rights accrued prior to termination of this agreement shall survive its termination including your obligation to make payment.
Rights Granted/ Rights Reserved
- The content of the Site is for your personal use only. You agree not to (and agree not to assist or facilitate any third party to) copy, distribute, transmit, reproduce, publish commercially exploit or create derivative works from the Content.
- You acknowledge that it is technically impossible to provide the Site free of faults and that we do not undertake to do so; that faults may lead to the temporary unavailability of the Site; and that the operation of the Site may be adversely affected by conditions and performances outside our control, including, without limitation, transmission and telecommunications links between us and you and between us and other systems and networks. We and/or our suppliers may make improvements and/or changes in or to the Site at any time.
- The Site in not available in all territories.
- We accept no liability for any temporary or even permanent unavailability of the Site arising from events of any kind or circumstances which are outside our control even though we shall use all reasonable endeavors to minimize or mitigate the effects of any such force majeure but this will not release you, by reason of such force majeure, from any obligation to indemnify or make any payment due under these Terms and Conditions.
- We will perform our services with reasonable care and skill. No representation or warranty is given that the services will be uninterrupted or error free or that all errors or defects can be corrected or remedied.
- We will not be responsible for any loss or damage sustained or incurred by any third party (including without limitation, any loss of use of any software or equipment, or loss of or spoiling of any data) resulting from any defect, deficiency or error in any equipment or software or any associated documentation, or for any failure or interruption of any telecommunications facilities or network systems which is beyond our control.
- You further acknowledge that where Content is supplied to us (directly and indirectly) by third parties and accordingly we can offer no warranty of whatever nature in relation to such Content.
Links (including Matchbox blogs, social media and featured blogs)
- This Site may contain hyperlinks to other web sites. By visiting any of these third party sites, you are agreeing to be bound by, and comply with, their terms and conditions or terms of service. These third party companies are not parts of, or associates of, our Company and under no circumstances shall we be liable for any losses or damages caused by a third party company. Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through a recommended third party company. If you accept any products or services offered by a third party company, then all communication must be between you and the third party company. We will not be responsible or liable for any communication or misrepresentation of the third party company.
- You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by us or third parties potentially linked to the Site and that we will not be a party to or in any way responsible for any transactions between you and third parties.
Intellectual Property and Use of Software
- You acknowledge that all copyright, trademarks and all other intellectual property rights in the Content shall remain vested in us or our licensors. Your use of any software that is made available to download from the Site or via any hyperlink contained on the Site ('Software') is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ('Licence Agreement'). You may not install, copy or use any Software which is accompanied by or includes a Licence Agreement unless you first agree to the terms of such Licence Agreement. All title, copyrights and other intellectual property subsisting in this site or in any artwork connected with the site belong to us and will remain our property at all times.
- You represent and warrant to us that the information posted including your photograph are posted by you and that you are the exclusive author and the exclusive owner of your photographs.
- You assign to us, with full title guarantee, your profile and your photographs posted, at any time, in connection with the site absolutely any and all moral rights to be identified as the author of your profile and ownership of photograph and any similar rights in any jurisdiction in the world. In addition other names or copyrighted information, which has copyright protection, whether or not it is identified except for that information which is in the public domain or for which you have been given written permission by the owner of such information, you will not copy, modify, publish, distribute, perform, display or sell any such proprietary information.
- You are responsible for the security and proper use of your user names and passwords used from time to time in connection with the Site and you must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorized people.
- You must immediately inform us if there is any reason to believe that your user name and password has or is likely to become known to someone, not authorized to use it, or is being or is likely to be used in an unauthorized way.
- If you forget or lose a password or user name you must contact us and may be asked to satisfy such security checks as we operate.
- We reserve the right to suspend user name and password access to the Site and the Services immediately if we consider that there is or is likely to be a breach of security, or any mis-use of the site by you or someone else.
- We reserve the right (at our sole discretion) to require you to change any or all of the passwords used by you in connection with the site.
- You must immediately inform us of any changes to the information you supplied when registering for the Site.
- We reserve the right to verify the details of any member of the Site, and ask them to satisfy such security checks as we operate.
Personal Information Policy
- We specifically ask when we need information that personally identifies you ('Personal Information'). For example, if you wish to register as a member of the Site, we ask you for your name and email address. We use your Personal Information to operate the Site and to keep you up to date with new features of the Site. We may, occasionally, use your Personal Information to inform you of new services and products from us. If you do not wish to receive such information from us please inform us in writing.
- To make sure that your Personal Information for your Member profile is correct and up-to-date, you should review and update your personal information regularly. You may also require us to delete the Personal Information we hold about you and if you wish us to do so, please notify us by email to firstname.lastname@example.org
- If at any time you believe that we have not adhered to these principles, please notify us by email to email@example.com and we will use all commercially reasonable efforts to determine and correct the problem.
- The aggregate liability of us to you in respect of any breach of any terms of this agreement by us shall, in any event, be limited to the amount of the fee paid by you.
- All prices are quoted in US Dollars or CAD Dollars unless otherwise stated. We reserve the right to change any advertised price at any time.
- This agreement constitutes the entire agreement between the parties and can only be varied as specified herein, or in writing and signed by both of us.
- We may assign the benefit (subject to the burden) of this agreement to any purchasers of our business.
- Our website is used at your own risk. We accept no liability for any loss or damage to your hardware and/or software resulting from your access and/or use of the website.
- Profiles that are inactive for a period of 6 months may be removed from our database without notice, or upon the fulfillment of fee based undertakings.
- Your statutory rights are not affected at all by these terms and conditions.
- This Agreement shall be governed by and construed in accordance with the laws of Ontario, Canada. Any dispute will be dealt with in the Ontario courts.
2960 Sycamore Street
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