TERMS & CONDITIONS

THIS TERMS AND CONDITIONS AGREEMENT ("Agreement") is a legal agreement between any website visitor (the "User"), any paying customer (the "Customer") and MY SOULMATE, a company duly incorporated under the laws of Canada, providing services to assist the Client in marriage dating. MY SOULMATE is the exclusive owner and operator of www.my-soul-mate.ca (the “Website”). This Agreement defines the terms and conditions applicable to the use of the Website and all services (“Services”) offered by MY SOULMATE. By accessing the website and using the Services provided therein, the User and the Client agree to be bound by the terms and conditions of this agreement and the privacy policy of MY SOULMATE, and further agree to be linked as long as he continues to use the Website and the Services provided. If the User or Client does not agree to be bound by this Agreement, do not use the Website or the Services, exit the Website immediately, and stop viewing any web page on this Site.

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MODIFICATIONS

MY SOULMATE reserves the right, at any time and without notice, to amend or modify the terms and conditions of this Agreement. MY SOULMATE may notify of an amendment, modification or change of the terms and conditions, by email, as appropriate in certain circumstances. However, the User or the Customer is responsible for regularly checking the general conditions of MY SOULMATE to be aware of any amendment, modification or change. MY SOULMATE agrees that future changes will not be retroactive. The continued use by the User and the Client of the Services of MY SOULMATE constitutes the acceptance of any amendment, modification or change, and his understanding of being legally bound by them. If the User or Customer does not accept an amendment, modification or change, he must immediately stop using the Services of MY SOULMATE.

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ADMISSIBILITY

User and Customer must be eighteen (18) years of age or older (or have reached the age of majority in User's or Customer's jurisdiction) to use this Website or its Services. By visiting or using the Website or the Services, the User and the Customer declare and guarantee to MY SOULMATE that they are at least eighteen (18) years old and that they have the right, authority and ability to accept and be bound by the terms and conditions of this Agreement. All Customers will be required to provide MY SOULMATE with personal information. This information must be accurate and truthful. As the Customer's information changes from time to time, he/she will be responsible for providing MY SOULMATE with the most up-to-date information. If the Customer enters information that is not true and MY SOULMATE discovers that the information he has entered is not true, MY SOULMATE has the right to cancel the Customer's order and suspend his registration for a valid reason.

 

All Clients and Users are subject to all local, state, national and international laws from which they access the Website. All Customers and Users agree that MY SOULMATE cannot and will not be held liable if the laws applicable to Customers or Users prevent it from using the Website. MY SOULMATE makes no representations or warranties, implied or express, as to the Customer's or User's legal right to participate in any service or product offered on this website, and no person affiliated or purporting to be affiliated with this website has the authority to make such representation or warranty. By requesting to use or registering to use the Website or the Services of MY SOULMATE, the User and the Client declare and guarantee to MY SOULMATE that they have never been found guilty of a crime or a criminal act and that they are not required to register as a sex offender with any government or legal authority. MY SOULMATE does not automatically search the criminal records of its Customers, except at the express written request of the Customer. MY SOULMATE reserves the right to search criminal public records, at any time, depending on the availability of public records in the appropriate jurisdiction, to confirm compliance with the terms and conditions contained herein.

 

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USER OBLIGATIONS

The User or Client agrees not to, in connection with the Services, violate any applicable law, regulation or code of conduct. The Client also agrees not to publish or send any information or communications to MY SOULMATE, or through a Third-Party Dating Site, that would be false or misleading. The Customer undertakes to update his MY SOULMATE file to ensure that the information is not false or misleading.

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The Customer undertakes not to use, sell or distribute the exclusive information of MY SOULMATE in any way whatsoever. The User and the Customer undertake not to provide MY SOULMATE with the email addresses of other people or to publish or send information referring to other people without having obtained their prior consent.

 

The User and the Customer undertake not to do anything that may have the effect of disrupting the Services, including worms, viruses, software bombs or mass mailings. User and Customer agree not to attempt to gain unauthorized access to any part of the Services or the equipment used to provide the Services.

 

The User and the Customer agree not to use the Services other than for the purposes set out in these General Conditions and any violation of the foregoing constitutes a serious violation of this Agreement. The Customer agrees to comply with all guidelines or requirements on the Website as well as any reasonable request or instruction from MY SOULMATE in connection with the Services. The Customer must immediately inform MY SOULMATE in writing if he becomes aware of any inappropriate behavior in connection with the Services.

 

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USER INFORMATION

MY SOULMATE cannot be held responsible for any misuse of the User's or Customer's information by any other party. MY SOULMATE is not responsible for the information of the User or the Customer or other activities of the User or the Customer which could violate the rights of third parties. MY SOULMATE reserves the right not to accept or to suspend or remove from its Services in whole or in part any Customer for any reason whatsoever.

 

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SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

By providing a telephone number on the MY SOULMATE website, the User expressly agrees to receive promotional SMS messages at this number, in accordance with applicable regulations and directives.

 

The User must give his express written consent to receive these promotional SMS. Users can unsubscribe at any time by texting "STOP" and can get help by texting "HELP". The User's consent to receive promotional messages is not a condition for purchasing goods, services or participating in a contest.

 

 

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OPERATION OF THE SITE AND SERVICES

MY SOULMATE have the right to suspend the Services at any time without notice for repair, maintenance, improvement or other technical reason. MY SOULMATE have the right to modify the Services provided that these modifications do not have a significant negative effect on the quality of the Services.

 

RULES OF SERVICE AND CUSTOMER OBLIGATIONS

The Customer agrees to respect the following rules when purchasing Services from MY SOULMATE. Failure to respect these rules will result in a breach of contract and will cancel all the obligations and responsibilities of MY SOULMATE. Once a time and a date for the initial 90 minute meeting with the Client has been scheduled, the Client must honor the meeting. If the Client has to postpone the meeting or simply does not show up, a rebooking fee of $50 or $100 will apply.

 

The Customer will not modify his profile (job, etc.), without informing MY SOULMATE. Under no circumstances will the Client directly contact one of the candidates selected for him without the prior agreement of MY SOULMATE.

 

The Client's schedule must allow for reasonable and sufficient time to be present at a meeting. The Client must inform MY SOULMATE at least 48 hours before a scheduled meeting if he wishes to cancel or postpone. The Client must give approval to MY SOULMATE on the selection of a candidate within 48 hours after a meeting, otherwise MY SOULMATE will assume that he is satisfied and will proceed. Although MY SOULMATE can estimate the results of the meetings, the results for the Customer are not guaranteed. MY SOULMATE has no obligation to offer partial or full refunds to the Customer for not having achieved certain results or for any other reason.

 

To the extent permitted by applicable law, the Customer agrees not to ask his credit card company or his bank to resume payments made to MY SOULMATE without first attempting an amicable resolution as indicated in the settlement of disputes. A chargeback is a material breach of the terms and conditions. If Customer initiates a chargeback in violation of this Agreement, Customer agrees that MY SOULMATE may dispute or appeal the chargeback, bring collection action against Customer, or bring legal action pursuant to Dispute Resolution, against the Customer. In the event of a chargeback or any other non-payment scenario, MY SOULMATE may suspend or terminate the Customer's registration. In addition, without limiting other available remedies, Customer shall pay MY SOULMATE on demand for amounts due, plus attorneys' fees and other collection costs to the extent permitted by applicable law.

 

The Customer agrees that MY SOULMATE has the right to refuse the Services to any potential or active Customer for any reason, even if an initial payment has been made. The Customer will be fully refunded for all unused purchased hours if this is the case. Reasons why MY SOULMATE may refuse service include, but are not limited to; (i) Customer's unreasonable or unethical expectations, (ii) doubt regarding Customer's identity or criminal history, and (iii) failure to comply with any of the rules set forth in this Agreement or any other signed Agreement. MY SOULMATE also reserves the right to carry out any type of search for public documents on any potential or active Customer.

 

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INTELLECTUAL PROPERTY

The content of the website is protected by copyright, database rights, trademarks and other intellectual property rights. Neither the User nor the Customer has the right to use or license any of these intellectual property rights. Neither the user nor the client may modify, reproduce, republish, copy, display, upload, transmit or distribute in any way the information and/or elements of the website. The User and the Client are authorized to print and download certain parts of the information provided on the website for their own use, provided that they agree not to modify, alter or delete the copyright notices or ownership of materials and data. The names, graphics, logos, icons, designs, words, titles or phrases on the Website may constitute trade names, trademarks or service marks of MY SOULMATE or other affiliated entities. The display of the Marks on the Website does not imply that a license of any kind has been granted. Any unauthorized downloading, retransmission or other copying or modification of the trademarks and/or content herein may violate trademark and/or copyright laws and could subject the copier to legal action.

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SAFETY AND SECURITY

MY SOULMATE does not provide Internet access or electronic communication services to the public. When arranging a meeting with another person through the use of the Services, the Customer must take appropriate precautions. Such meetings are at the Customer's own risk and are not the responsibility of MY SOULMATE. The Client must immediately inform MY SOULMATE of any apparent breach of security during a meeting.

 

THIRD PARTY RIGHTS

This section of the Terms and Conditions constitutes an agreement on behalf of MY SOULMATE and its officers, directors, employees, agents, licensors, suppliers and any third party providers of information to MY SOULMATE. Such persons or entities shall have full rights to assert and enforce these provisions directly against any User or Customer on their own behalf.

 

INDEMNITY

All users of the website agree to indemnify, defend and fully exonerate MY SOULMATE, its officers, directors, employees, agents, licensors, suppliers, affiliates and any third party suppliers of information to MY SOULMATE against all losses, expenses , damages and costs, including reasonable attorneys' fees, resulting from any breach of this Agreement, including, but not limited to, negligent or wrongful conduct on the part of any User or Customer.

 

DISPUTE SETTLEMENT

In the event of a dispute between the User, the Client and MY SOULMATE arising out of or in connection with the performance, interpretation, performance, non-performance or the Services (including the alleged violation thereof) of this Contract, the User or the Customer, and MY SOULMATE will first engage in a discussion/negotiation to resolve the dispute amicably. If the Dispute cannot be resolved through amicable discussion/negotiation, the Dispute shall be submitted, by either party, to binding arbitration for resolution. By using the Services of MY SOULMATE, the User and the Customer accept the resolution of disputes by arbitration and waive the right of recourse as a dispute resolution forum.

 

TERMINATION/CANCELLATION

The Customer's or User's agreement to follow the terms and conditions will remain in effect as long as they use the Site, unless expressly terminated beforehand by MY SOULMATE. MY SOULMATE reserves the right to terminate the Customer's registration at any time, at its discretion and with immediate effect. A termination notice, including the effective date, will be provided by MY SOULMATE to the Customer by email. The Customer may terminate his registration, without penalty or obligation, before having received services. The Client having already started to receive services shall pay, as specified by the Office de la Protection du consommateur du Québec, these amounts:

• at least the cost of the services already received, including the cost associated with the evaluation of his file; a penalty provided by law.

• This penalty corresponds to the lesser of the following amounts: $50 or 10% of the price of the services that were not received.

 

APPLICABLE LAWS

This Agreement shall be governed entirely by and construed in accordance with the laws of Canada without giving effect to its conflict of law provisions. All Users and Customers agree that any cause of action arising out of or relating to this Agreement or its use of the Website shall be commenced by it within the statute of limitations set forth in Canadian law.

 

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DIVISIBILITY/RENONCIATION

If any part of this Agreement is found to be illegal, void or unenforceable for any reason by a court of competent jurisdiction, then, to the maximum extent permitted by law, the provision will be reformed to reflect the parties' intention or if the provision may not be so reformed, severed from this Agreement. Such termination shall not affect the validity and enforceability of the other provisions of this Agreement. MY SOULMATE's failure to exercise any right or provision of this Agreement does not constitute a waiver of such right or provision.

 

ENTIRE AGREEMENT (TERMS AND CONDITIONS)

This Agreement, together with the other obligations and rules detailed in writing on the Website, including but not limited to the Privacy Policy, constitute the entire Agreement between the User, the Customer and MY SOULMATE. This Agreement may not be individually modified by any person affiliated or purporting to be affiliated with the Site.

 

REVISION DATE

This Agreement was last revised on April 22, 2023

Copyright © 2023 MY SOULMATE

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