GatewayMatch.ca: Terms of Use
TERMS OF USE FOR GATEWAYMATCH.CA® SERVICESWelcome to GatewayMatch.ca®. When you sign up for any service within GatewayMatch.ca®, an affiliate of Your Gateway Club®, you agree to all of the terms and conditions of this Agreement.
Please read the following terms and conditions carefully, as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the service and should not proceed to register. By using the Service you are agreeing to be bound by this Agreement, including all amendments made to date. You represent, warrant and covenant that you are at least 18 years old when registering and/or using the GatewayMatch.ca website. Access or use of this site or its contents by any person under the age of 18 is strictly prohibited. GATEWAYMATCH.CA DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, GatewayMatch.ca reserves the right to conduct a criminal background check, at any time and using available public records, should the need arise.
User Agreement
This Agreement constitutes your legally binding agreement with Your Gateway Club ("GatewayMatch.ca") with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" mean GatewayMatch.ca. By using our website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the terms and conditions of this Agreement. Your right to use this Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
1. Code of Conduct
You agree to use the Service in accordance with the following Code of Conduct:
a. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights; or
b. is fraudulent, misleading or otherwise unlawful or violates any law
2. Membership Categories
Users of the Service are divided into “Free”, “Trial”, “Silver”, and “Gold” Members. All registered users are assigned a Free Membership with minimal access to the Service’s features until they upgrade to Trial, Silver or Gold Membership.
FREE – A “Free” membership is given to members upon registration. Free members are allowed access to a minimal level of the Service’s features. A Free member can upgrade their membership to a paid service package at any time.
TRIAL – Trial members are given a preview of and allowed access to all of the Service’s features for a period of 30 days at a special price, at which time they will have the option of purchasing either the Silver or Gold membership package in accordance with our pricing policy as posted on the Website. If a member chooses not to purchase a service package after the 30 day trial period is over, their membership reverts back to a “Free” membership.
SILVER – A “Silver” membership consists of a wide range of the Service’s features that are not available with a free membership.
GOLD – “Gold” members are provided with access to all features of the Service that are not available to Silver Members and pay a higher price than Silver Members. Gold members are also given access to a rewards program.
3. SUBSCRIPTIONS
1. Registered members may purchase a subscription for Trial, Silver or Gold Membership by making an online charge to a PayPal, Visa, MasterCard or American Express account in accordance with our pricing policy for Subscriptions as posted on the Service from time to time. Silver and Gold Members will be able to send up to 99 e-mails and 99 instant messages per day for as long as the Subscription remains active.
2. A Subscription is valid for either 30 days from the time of payment (one month package), 90 days (3 month package), 180 days (6 month package), or one year (12 months) from the time of payment. Once purchased, and unless cancelled, Subscriptions automatically renew either for further 30 day periods, 90 day periods or 180 day periods, as the case may be, and are charged to the PayPal account or credit card originally used to purchase the Subscription. One year memberships expire at the end of the term. You may choose to purchase another year subscription or any other subscription options. Not all payment options or methods are available in all geographic areas. A Subscription for a Trial Membership is valid for 30 days from the time of payment.
3. Subscriptions may be cancelled at any time prior to the end of any 30 day period, 90 day period 180 day period, or 1 year as the case may be, If you wish to remove your profile after cancelling a subscription, you may do so on the “my profile” tab. The “Profile Unregister” link on the bottom of the “edit profile” section of “my profile” tab will permanently remove your account from GatewayMatch.ca. You may also terminate your account by giving us your notice of termination by email, fax, or mail. Cancellation will be effective as of the next billing date as long as notice is given at least 24 hours prior to the end of the applicable 30, 90, 180 day or 12 month period. Following cancellation, if you do not unregister your profile, you will continue to have full access to your membership for the remainder of the term for which you have paid, provided you otherwise are in compliance with this Agreement. Refunds will not be issued for early cancellation or inactivity.
4. THE PURCHASE OF A SUBSCRIPTION IS NON-REFUNDABLE. Once purchased, the Subscription has no monetary value and only entitles you to the use of paid features on the Service for the Subscription Period based on your selected subscription package for a period of 30 days, 90 days, 180 days or 1 year as the case may be.
5. If your usage of the Service is terminated because of a breach of this Agreement or if it is terminated for any reason, any unused Subscription time is automatically and immediately forfeited.
6. In addition to paying the published price, the purchaser is responsible for paying all applicable taxes in connection with the purchase of the Subscription. We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method of payment which is acceptable to us, at our sole discretion.
7. You agree to pay or have paid all fees and charges incurred in connection with your membership with the Service (including any applicable taxes*) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. You also are responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges. We are not responsible for any amounts billed to your credit card by a third party which were not authorized by you. Please contact your credit card company for unauthorized charges.
8. Auto-Renewal Policy – To ensure you enjoy uninterrupted use of the Service, Silver and Gold Memberships will automatically be renewed 24 hours before expiration. If you wish to disable this feature, you may do so by logging in to your PayPal account. Please go to the “History” sub-tab of the “My Account” tab. Choose “Subscriptions” from the pull-down “Show” menu and press the “Submit” button. Choose your Gatewaymatch.ca subscription, and click on its “Details” link. You will be taken to a Transaction Details page from which you may cancel your subscription. Cancelling your subscription will immediately stop all future scheduled payments for this subscription.
*Taxes
Your Gateway Club® is an Ontario Company that is required to charge a Goods and Services Tax ("GST") on any purchase of GatewayMatch.ca® Services made by a Canadian resident. GatewayMatch.ca® will charge and collect GST on any purchase made from a Canadian credit card, drawn on a Canadian account and/or from a Canadian location or address.
4. Member ID and Password
As part of the member registration process, you will be asked to select a user name ("Member ID") and password. We may refuse to accept any Member ID for any reason, including that the proposed Member ID impersonates someone else, is or may be illegal, is or may be protected by trademark or otherwise infringes on other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You may have only one Member ID. You agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, available at your Account Information page after logging on to GatewayMatch.ca. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR MEMBER ID (USERNAME) AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
5. Advertisers and Links
Unless you indicate to GatewayMatch.ca by email, fax, or mail that you do not want to participate in such programs, you agree to grant GatewayMatch.ca a license for the right to use your images*, text* or recordings* on our partners' sites or in the marketing of the Service.
*Excludes your personal information, such as your email address or full name. Read our Privacy Policy.
6. Privacy and Use of Information
Use of the Website and the Service is subject to our Privacy Policy which is part of this agreement with you. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you post on the Service or provide to them and you should use caution in selecting the personal information you post or provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. As part of the Service, we may from time to time, email to you publicly available information about other users of the Service whom we believe may meet your pre-selected search criteria. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service, this includes information which we may provide directly to you but which has been posted or provided to us by other users of the Service.
You may not use the Service for any unlawful purpose. You confirm that you will have obtained full right, title, interest and permissions in and to any messages, pictures or recordings prior to your posting to or otherwise distributing them through the Service.
7. Disclaimer and No Responsibility
GatewayMatch.ca is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Website or the Service.
GatewayMatch.ca is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service.
GatewayMatch.ca assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.
GatewayMatch.ca is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Website, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website or in connection with the Service.
THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE WEBSITE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. THE WEBSITE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
GatewayMatch.ca cannot guarantee and does not promise any specific results from use of the Website and/or the Service. You understand and acknowledge that it is possible for third parties, acting illegally; to access your account and that GatewayMatch.ca cannot be responsible for this risk or other third party illegal activity.
8. Disclosure and Other Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service or of any GatewayMatch.ca related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Policy.
9. Advertisers and External Links
The Website may from time to time contain links to third party websites, endorsers or advertisers (“External Links”). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy policy of such External Links prior to use of them. The third party websites, endorsers or advertisers are not under the control of GatewayMatch.ca, and GatewayMatch.ca is not responsible for the contents, services or goods of any third party websites, endorsers or advertisers. The inclusion of any link is as a convenience and does not imply endorsement by GatewayMatch.ca of the website or any association or relationship with its operators.
10. Monitoring/Removal of Information
We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages, video and audio recordings and other materials you may upload to the Service or users of the Service.
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
11. Modifications
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
12. Limitation of Liability
13. Indemnity
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation or breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
14. Governing Law
This Agreement is entered into in Ontario, Canada. You agree that it will be governed by the laws of the Province of Ontario and any disputes arising out of this Agreement will be subject to the courts of the Province of Ontario and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
15. Assignment
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. GatewayMatch.ca has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of GatewayMatch.ca, if GatewayMatch.ca’s obligations hereunder are assumed by a third party, GatewayMatch.ca shall be relieved of any and all liability under this Agreement.
GATEWAYMATCH.CA®, 2008.
GatewayMatch.ca Terms and Conditions Last Updated: November 13, 2008
Please contact us with any questions regarding this Agreement.