FRIEND OF A FRIEND
TERMS OF SERVICE
Effective Date: May 20th, 2013
By using any services (the “Services”) of Sofi Papamarko (hereinafter along with her employees and agents, “Friend of a Friend”) or the website at friendofafriendmatchmaking.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 and you must contact Friend of a Friend within 7 days of registration to request a refund.
Throughout this agreement Friend of a Friend 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”.
“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 email@example.com.
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.
In order to use the Website or Services you must meet the following criteria and hereby represent and warrant to us that:
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. We agree not to distribute or publicly display your materials without your consent.
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 Friend of a Friend. 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.
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:
Breach of this code of conduct will result in our termination of all Services to you.
The Services, the Website, and any other product or service provided by Friend of a Friend are provided “as-is” without any warranty or guarantee of any kind whatsoever, either express or implied, including, without limitation, any warranty as to merchantability and fitness for a particular purpose.
You use the Website and Services at your own risk. We do not guarantee the compatibility of any individuals that we match for a Meeting. We do not screen, review for accuracy, or otherwise confirm the information provided to us by a Match. We do not perform criminal background checks on any user or Match, nor do we verify their identity. Any suggested meeting 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.
LIMITATION OF LIABILITY, RELEASE & INDEMNITY
IN NO EVENT SHALL FRIEND OF A FRIEND 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 FRIEND OF A FRIEND, ITS AFFILIATES, EMPLOYEES, OR AGENTS.
YOU HEREBY RELEASE FRIEND OF A FRIEND, 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 IF 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.
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.
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.
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.
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.
You may not assign its rights, obligations hereunder or in connection herewith without the prior written consent from us.
FRIEND OF A FRIEND
Effective Date: May 25th, 2013
Purpose of Collection of Your Information
We obtain information about you to:
1. identify you;
2. protect us both against error and fraud;
3. understand your needs and determine your eligibility for Friend of a Friend products and services;
4. to build an internal dating profile about you to assist us in making recommendations to you;
5. determine which Matches (being people that we believe would be a good match for you to meet) and potential Matches that we think you should be matched with;
6. describe you to potential Matches in order that they may determine if they wish to be matched with you;
7. provide services that you request and ongoing service; and
8. comply with legal requirements.
Collection, Use and Disclosure of Your Information
We collect information about you in order to perform the above-mentioned functions through online forms, surveys, written forms, and during face-to-face meetings and telephone calls. This information may include, amongst other things, the following: name, contact information, age, gender, marital history, education level, parental status, religion, sexual orientation, and income level. All information that you provide to us (other than as is required to process your payment and comply with the law) is optional. We need to get your express or implied consent before obtaining or using information about you, or disclosing this information to anyone (The exception is when we are required by law, or it is necessary for our protection). We may disclose some of your information to Matches and potential Matches when providing you with matchmaking services. You can withdraw your consent whenever you want, unless legal requirements prevent this. Not allowing us to use information about you may mean we can’t provide certain products or services, which may be of use to you. We may contact you about our products, services and events, but you can choose not to receive direct marketing by contacting us.
Management of Your Information
Your information and the business you do with us are kept in strict confidence. Only authorized personnel have access to your information. We don’t sell, rent, lend or in any other way provide your information to third parties (other than as described above). Our procedures and systems are designed to protect your information from error, loss and unauthorized access. Some or all of your information may be stored on servers outside of Canada. We will only retain your information as long as is required to provide the services you’ve requested or for the amount of time required for business or legal purposes.
Review and Changes to Your Information
You can review and make corrections to your information. You can review your information held by Friend of a Friend, and make corrections to it, by contacting us through the procedure at the end of this document. From time-to-time we may ask to you update or correct the information we have collected from you.
We may review and analyze your use of Friend of a Friend products and services, including transactions in your accounts, to help protect you from unauthorized use of your accounts, to help us serve you better, and to tell you about other products and services. We also collect and analyze information from other sources for the same reasons.
Let us know that you don’t want us to use information about you in any particular way, including uses described in this policy, by contacting us through the procedure at the end of this document.
Privacy Management Procedure
Our privacy officer is Sofi Papamarko. For more information, to make a request, opt-out (change or update your consent), ask questions or submit complaints, please follow this procedure:
Email us at: firstname.lastname@example.org
Or write to us through our contact form at friendofafriendmatchmaking.com