1. Introduction
Welcome to Dates.care. These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you - whether acting individually or on behalf of an organisation ("User") - and Dates.care ("Dates.care", "Website", "we", "us" or "our"). By accessing or using the Website you consent to adhere to and be bound by these Terms.
These Terms outline the legal relationship between you and Dates.care that arises from your access to and use of the Website, encompassing all features, functionality and content available on it (collectively, the "Services").
IMPORTANT NOTICE
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. FOR FURTHER DETAILS PLEASE REFER TO SECTION 10 (DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER) BELOW.
These Terms reference the following supplementary documents, which are integral parts of our agreement with you:
- Privacy Policy
- Cookie Policy
- Payment and Refund Policy
- Misconduct Prevention Policy
We may revise these Terms occasionally at our discretion. Any notification regarding changes will be effective 21 days after it is published on our website.
2. User eligibility and account requirements
2.1 Age requirement
You must be at least 18 years old to create an account and use our platform.
2.2 Profile requirements
User profiles must contain real names. Profile limitations include:
- Use your actual name to prevent impersonation.
- Usernames must not infringe upon rights held by others.
- Usernames must not include offensive or vulgar language.
- Profiles should not display personal contact information.
2.3 Personal use only
The Website and its Services are provided for your own personal, non-commercial use. You may not use the platform to advertise, solicit or conduct business of any kind without our prior written consent.
3. Paid features and credits
Certain services offered on our website require payment. Creating an account, building a profile, browsing members and your first message to each new connection remain free of charge. The following paid Services may incur fees:
- Mail correspondence exchanges
- Online chatting beyond the first message to each connection
- Sending virtual gifts and stickers
- Transmission of personal photos and videos
- Making audio or video calls
Paid features are purchased with credits. For detailed information about payments, refunds and our credit system, please refer to our Payment and Refund Policy.
4. User representations and warranties
Prior to accessing and during your use of the Service, you assert that:
- No criminal convictions have ever been recorded against you.
- You are not categorised by any authority as a sex offender.
- All data you post publicly is accurate and kept up to date.
- You will promptly report changes to your contact information, including your email address.
- You comply with all applicable regulations throughout your use of the site.
- You are legally capable of entering into this Agreement.
4.1 Strictly prohibited activities
- Breaching the personal data of others
- Spam or mass messaging
- Scams or fraud
- Publicly sharing personal identification details
- Harassment or abusive behaviour
- Content containing violence, pornography or illegal material
4.2 Requirements for user content
"User Content" means any information, communication, media or other file that a User publishes, sends, transmits or makes publicly available on or through the Website. Make sure your content does not include abuse, offence, discrimination, advertising, sexual material or copyright breaches. Prohibited content includes:
- Inflammatory religious commentary or inaccurate quotations
- Realistic portrayals of violence, or content encouraging violence
- Commercial activity without prior written consent
- Pornographic or adult content
- Copyright or trademark infringement
- Racist, bigoted or hateful content
- Content promoting terrorism or illegal activity
- Images of unaccompanied minors
5. Profile security
You are responsible for your account security and are obliged to:
- Keep your login credentials confidential.
- Accept liability for all activity under your account.
- Notify us immediately about any unauthorised use.
- Not authorise anyone else to use your account.
We are not liable for any loss or damage arising from your failure to comply with this provision, or from unauthorised use of your credentials by third parties.
6. Termination of account
We reserve the right at our sole discretion to terminate or suspend any account at any time without liability. We will notify you when we take action against your account unless prohibited by law.
Termination may occur for a breach of these Terms, inappropriate conduct, inactivity for three consecutive months, or payment security concerns.
You may voluntarily terminate your account, temporarily or permanently, from your account settings or by writing to support@dates.care.
7. Copyright policy
Dates.care owns, possesses and has title over the intellectual property, licences, or otherwise retains all proprietary rights to the Website and Services. Any activity that infringes intellectual property rights is not allowed. To report copyright infringement, contact legal@dates.care.
7.1 Licence
By posting User Content, you grant us an unrestricted, irrevocable, non-exclusive, sub-licensable, free, worldwide licence to use, copy, perform, display, reproduce, adapt, modify, publish and distribute that content in connection with operating and promoting the Services.
8. Warranty disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".
We expressly disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Website will meet your requirements or be uninterrupted, timely, secure or error-free.
We are not liable for information contained in user profiles, for the behaviour of users, or for guaranteeing any particular relationship outcome.
9. Limitation of liability
To the fullest extent permitted by law, Dates.care shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages.
Even if Dates.care is found liable under any theory, that liability and your exclusive remedy will be limited to the greater of the fees you have paid to Dates.care or $100.
10. Dispute resolution by mandatory binding arbitration
IMPORTANT: READ CAREFULLY
This section requires you to arbitrate disputes with Dates.care and limits the manner in which you can seek relief from us.
10.1 Scope and applicability
This Arbitration Agreement applies to all disputes, claims or controversies between you and Dates.care, including those arising from these Terms or your use of the Services.
10.2 Pre-arbitration informal dispute resolution
Before initiating arbitration, both parties must attempt informal resolution:
- Send written notice to legal@dates.care with details of your dispute.
- Participate in good faith for a 90-day period.
- Attend at least one individualised conference.
10.3 Arbitration agreement
For U.S. residents: arbitration will be administered by National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules. Contact NAM at commercial@namadr.com.
For non-U.S. residents: arbitration will be administered by the London Court of International Arbitration (LCIA). Contact the LCIA at onlinefiling@lcia.org.
10.4 Class action waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, BOTH YOU AND WE WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION, OR TO A JURY TRIAL. ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS.
11. Miscellaneous
11.1 Governing law and venue
This Agreement is governed by and construed under the laws of Ontario, Canada. Each party submits to the exclusive jurisdiction of the courts of Ontario, Canada.
11.2 Force majeure
Dates.care is not responsible for any failure to perform due to unforeseen circumstances, including acts of God, war, terrorism, strikes or system failures.
12. Contact information
Dates.care
5515 Eglinton Avenue West
Etobicoke, Ontario M9C 5K5
Canada
Legal: legal@dates.care
Customer support: support@dates.care
Dates.care