Terms and Conditions

Terms & Conditions
 

Terms + Conditions

TorontoChineseMatch, Torontochinesematch.com and 2370928 Ontario Corp. refers to the same in this Terms and Condition. These are the general terms and conditions of 2370928 Ontario Corp. and TorontoChineseMatch.com   for the use of this Web Site (http://www.torontochinesematch.com).

You must read these terms and conditions carefully.

Your use of the Web Site will be subject to these terms and conditions.

General

We reserve the right at any time to:

Change the terms and conditions of this Agreement;
Change the Site, including eliminating or discontinuing any content on or feature of the Web Site
Change any fees or charges for using the Web Site.

About us

TorontoChineseMatch is a product of 2370928 Ontario Corp.

Use of the Web Site

Users must be over 19 years of age to use the Web Site.
The User agrees to comply with all applicable law, statutes and regulations in connection with the use of the Web Site
The Web Site are offered for personal use only. Commercial use of this Web Site is prohibited.

Restrictions on Use

As a condition of your use of this Web Site you agree that you will not:

reverse engineer or decompile (whether in whole or in part) any software available through the Web Site (save to the extent expressly permitted by applicable law); disclose, publish, transfer or otherwise make available any of the contents of the Web Site or information learned by you while using the Web Site; provide to or arrange to permit to any other person, access to the Web Site; remove, change or obscure any product identification or notices of proprietary rights or any restriction on the Web Site; remove any copyright, trade mark or other intellectual property right notices contained in material on the Web Site; make copies, modify or alter (including the creation of HTML links to or from the Web Site) all or any part of the Web Site or any materials contained on the Web Site.

Unlawful or Improper Use

User must use the Web Site only for lawful purposes. Users must not:

publish, post, upload, distribute, disseminate or otherwise transmit, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory, libelous, or are alleged to be, or are in the opinion of TorontoChineseMatch, thought to be slanderous or are otherwise unlawful;

upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;

download any file of materials posted by another user that you know, or reasonably should know cannot be copied or otherwise used;

harass, stalk, threaten or otherwise violate the rights of others

hack into, deliver viruses or engage in any other behaviour intended to inhibit any other user from using and enjoying the Web Site that is otherwise likely to damage or destroy the reputation of the Web Site;
advertise or offer to sell goods or services.

TorontoChineseMatch accepts no obligation to monitor the use of the Web Site by the users. TorontoChineseMatch reserves the right to disclose any information as required by law or regulations to remove, refuse to post or to edit any information or materials and to take such other action as may be reasonably necessary to prevent any breach of these terms occurring.

Price And Payment

Payment shall not be deemed to be made until We have received either cash or cleared funds in respect of the full amount outstanding.
Unless otherwise stated in this Agreement, all monies paid by You to Us are non-refundable.
To cancel your subscription, You will need to give Us at least 48 hours notice before the next billing date.  For the continuation of services, we will auto renew your subscription.
You may not be able to contact other Members or read and reply to other Members' messages until payment of the Price is deemed to have been made.

Rights

The Web Site (including the software used to operate it) is owned by 2370928 Ontario Corp. The User is not granted any right or interest in these except as stated in these terms.
The User shall notify TorontoChineseMatch immediately if the User becomes aware of any such unauthorised access, use or copying by any person.

Operation of the Services and Web Site

TorontoChineseMatch may change the format of the Web Site at its sole discretion from time to time.

TorontoChineseMatch may, from time to time suspend the operation of the Web Site for repair or maintenance work, or in order to update or upgrade the contents or functionality of the Web Site.

In the event of any failure or error in the operation of the username or password, the User shall cease using the username and/or password and exit the Web Site immediately, and notify TorontoChineseMatch of such failure or error.

The User is responsible for obtaining and updating its own web browser, and for all amounts payable in respect of connection to the internet including any telecommunications charges for time spent online in respect of use of the Web Site.

TorontoChineseMatch reserves the right to approve all profiles prior to posting them on the Web Site and may in its sole discretion accept or reject any profile without giving reasons.

User will comply with all directions and instructions given by TorontoChineseMatch in relation to the use of and access to the Web Site and Services.

Password

Following registration by the User, TorontoChineseMatch will deliver the username and password to the User. Delivery may be by any reasonable means (including electronic or postal delivery).

The User shall keep the username and password confidential at all times. Any breach of these terms and conditions by anyone to whom the User discloses the password will be treated as if the breach had been committed by the User, and will not relieve the User of its obligations under these terms and conditions.

The User shall take appropriate security measures to prevent unauthorised disclosure of the username and password and will notify TorontoChineseMatch immediately if the password becomes known to any unauthorised user.

The User will use the username and password only for access to the Services;

The User will notify TorontoChineseMatch of any changes to its registration details.


Indemnity

You agree to indemnify and hold TorontoChineseMatch, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

Disclaimer and Limitations of Liability

TorontoChineseMatch does not exclude or limit liability for death or personal injury resulting from its negligence or any other liability which may not by applicable law be excluded or limited.

Subject to Disclaimer(1), in no event shall TorontoChineseMatch be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, loss of sales, loss of revenue, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss (howsoever arising).

Subject to Disclaimer(1) + Disclaimer(2) above TorontoChineseMatch's liability to user whether in contract, tort or howsoever arising is limited to the amount paid by the user in respect of the services in the previous 12 months.

The user shall indemnify TorontoChineseMatch and keep TorontoChineseMatch at all times indemnified against any loss or damage arising from unauthorised use of the web site or disclosure of the password or username and from all actions, proceedings, claims, demands, costs (including legal costs), awards and damages howsoever arising, directly or indirectly as a result of any breach or non-performance by the user of any of its obligations under these terms and conditions.

TorontoChineseMatch supplies the Web Site and the Services "as is" and, to the extent permitted by law, makes no representation or warranty (express or implied) about the accuracy, quality or completeness of any information or materials made available on the Services or the Web Site or third party web sites linked from the Web Site. TorontoChineseMatch shall not be liable for any action taken by a User as a result of relying on any information provided in the Web Site or the Services or third party web sites or for any loss or damage suffered by a User as a result of a User taking such action. 

TorontoChineseMatch does not accept responsibility for the security or content of any information which users supply through the Web Site and will not be liable for the content of any communication or messages received by User from other users.

The User is solely responsible for its use of the Web Site, username, password and any information made available on the Web Site from time to time and for any consequences or effects (whether direct or indirect) of such use.

TorontoChineseMatch does not warrant that the Web Site will be uninterrupted or error or defect free.

Limitations On Liability

You expressly understand and agree that:
Your use of the Service is at Your sole risk. The Services are provided on an "as is" and "as available" basis;
We are not responsible for any Content and assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed through the Services;
We make no warranty (i)that the Services will meet Your requirements, (ii)that the Services will be uninterrupted, timely, secure, or error-free, (iii)about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics and links (iv)that the quality of any products, services, information, or other material purchased or obtained by You through the Services will meet Your expectations.  Further, if Your use of the Website or the material results in the need for servicing or replacing equipment or data, the company is not responsible for those costs;
any material downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material;
no advice or information, whether oral or written, obtained by You from Us or through or from the Services shall create any warranty not expressly stated in this Agreement;
much of the material on the Website is provided by third parties and We shall not be held responsible for any such third party material;
We cannot guarantee and do not promise any specific results from Your use of the Website;
We shall have no Liability to You:
if any monies owed by You to Us have not been paid in full by the due date for payment;
to the extent that You are covered by any policy of insurance and You shall ensure that Your insurers waive any and all rights of subrogation they may have against Us;
arising out of Your use of the Services and/or Your reliance on any Content Posted by other Members;
arising out of any Member's and/or unauthorised User's misuse of Content Posted by You using the Services and/or to other Members;
for any:
indirect, incidental, special or consequential losses;
economic and/or other similar losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or
damage to or loss of goodwill, reputation, data, use or other intangible losses (even if We have been advised of the possibility of such damages); or
for any delay in performance of this Services and/or any other matters to the extent that such events and/or matters are due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events.
You shall be under a duty to mitigate any loss, damage, costs or expenses that You may suffer.
You shall give Us a reasonable opportunity to remedy any matter for which We are liable before You incur any costs and/or expenses in remedying the matter Yourself. If You do not do so We shall have no Liability to You.
You shall produce to Us written evidence of any claims for which it is alleged that We are liable together with written details of how any loss was caused by Us and the steps You have taken to mitigate the loss before We shall have any Liability for the claim by You.
In the event that You have a claim or right of action against any other User arising from that User's Use of the Website, You agree to pursue such claim or action independently of and without any demands from Us, and You release Us from all claims, Liability and damages arising from or in any way connected to such claim or action.
In the event that a claim or action is brought against Us arising from Your activities or Use of the Website, including any breach by You of this Agreement or any charges or complaints made by other parties against You, You agree to pay, hold harmless and defend Us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow Us to assume the exclusive defence and control of the matter if We so wish.
Without prejudice to the foregoing, in no event will Our Liability arising out of or in respect of this Agreement exceed an amount equal to the lesser of (i) the Price paid by You in the preceding 12 months, where applicable, or (ii) an amount of two hundred pounds ($200.00).
Nothing in this Agreement shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law.
Nothing in this Agreement shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer.
This clause (and any other clause excluding or limiting Our Liability) applies to Our directors, officers, employees, subcontractors, agents and affiliated companies as well as to Us.

Right to Terminate

We do not store credit card details.

TorontoChineseMatch reserves the right to terminate your access to the Web Site at any time and without notice, for any reason whatsoever. TorontoChineseMatch also reserves the right to bar anyone from using the Web Site.

User may cancel their use of the Web Site at any time via the TorontoChineseMatch membership cancellation web page. Refunds are not given for any remaining paid membership.

On termination, the User shall immediately stop using the username, password and Web Site.

Use of Data

User agrees that personal data provided by the User to TorontoChineseMatch may be:

held (in hard copy and computer readable format) and processed by TorontoChineseMatch

disclosed and transferred to other users as part of use of the Web Site, or transferred to partners or affiliates to provide services to members, or as otherwise required or permitted by law

used by TorontoChineseMatch to process credit card and debit card payments, or any other form of payment mechanism chosen by the User.

The User consents to the transfer and disclosure of such personal data and this shall apply regardless of the country of residence of the person to whom the information is transferred.. If User requires a copy of the information or wishes to request the deletion of the personal data which User has provided User should contact TorontoChineseMatch at info@TorontoChineseMatch.com

TorontoChineseMatch may store some information on the Users computer (ie "Cookies"). The User may erase or block this information from User's Computer.


 

Contact

You may contact TorontoChineseMatch about any problems or questions with this Web Site at admin@TorontoChineseMatch.

General

Meeting people for the first time:

Meet in a public place where there are other people around.

Tell a family member or friend where you are going.

If at all possible, meet during daylight hours.


Do not give out your address details until you are confident you can trust the person.

Most importantly, use common sense and never go along with something that you don't feel comfortable about. If your date is genuine, he or she will understand why you are being cautious.

These terms and conditions shall be governed by and interpreted in accordance with the laws of Canada and you consent to the exclusive jurisdiction of the Canadian Courts in all disputes arising out of or relating to the use of this Web Site. You agree that TorontoChineseMatch may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving User notice. TorontoChineseMatch may delay enforcing their rights under these terms and conditions without losing them. If any provision of these terms and conditions is found to be unenforceable this shall not affect the validity of any other provision. TorontoChineseMatch may amend, vary or supplement these terms and conditions at any time and will automatically be effective. These terms and conditions (as varied from time to time) form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.

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