This is a legal agreement (“Agreement”) between you and South Asian Millionaire’s., a British Columbia (“SAMC”), which may be contacted at PO Box 36054, 18677 Fraser Highway, Surrey BC, Canada, V3S 7Y5. By accessing the SAMC Canadian web site, currently located at http://www.southasianmillionairesclub.com(the “Site”), and using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
The SAMC services consist of the following, without limitation: a service for single people (“Singles Service”), interactive services relating to discussions and education of relevant issues (“Informational Services”), any premium services offered by or on behalf of SAMC (“Premium Services”) (collectively, the “Services”). SAMC may offer additional services or revise any of the Services, at its discretion and with or without notice, and this Agreement will apply to all additional services or revised Services. SAMC also reserves the right to cease offering any of the Services.
This Agreement is subject to change by SAMC in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
- Minimum Age. You must be at least 18 years old (or the age of majority in your jurisdiction, if it is older) to register for the Services. By using the Singles Service, you represent and warrant that you are at least 18 years old. Other Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.
- Marital Status. By requesting to use, registering to use, or using the Singles Service, you represent and warrant that you are not married. If you are separated, but not yet legally divorced, you represent and warrant that you have met the requirements to be legally separated in your jurisdiction, at any time you register to use, or use the Singles Service.
- Criminal History. By requesting to use, registering to use, and/or using the Singles Service, you represent and warrant that you have never been convicted of an indictable offence and are not required to register as a sex offender with any government entity. WHILE SAMC DOES CONDUCT ELEMENTARY CRIMINAL BACKGROUND SCREENINGS IN ONE OR TWO JURISDICTIONS, SAMC DOES NOT WARRANTY THE ACCURACY OF ANY CONDUCTED CRIMINAL BACKGROUND SCREENINGS ON ITS REGISTRED USER OR THAT IT HAS CONDUCTED CRIMINAL BACKGROUND SCREENINGS IN THE CORRECT JURISDICTION FOR EACH REGISTRED USER. By signing up for SAMC’s Services, you consent and agree that SAMC may research any and all aspects of your background that it may choose, and you agree to sign any additional documents that SAMC may require in its efforts to research your background. Failure to assist SAMC in its efforts to research your background may result in a Registered User account being temporarily or permanently suspended at the unfettered discretion of SAMC (the “Suspended User”), and SAMC may have the discretion to communicate with any other Registered Users that may have communicated with the Suspended User, and by using the Services you consent to SAMC providing any results of its research into you to any other Registered User should your account be suspended.
2. Use of Site and Service.
As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:
- Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SAMC is not responsible for third party access to your account that results from the sharing by you or the theft or misappropriation of your user names or passwords.
- Geographic Limitations. The Site and Services are intended for use in Canada. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, provincial, territorial, federal, national and international laws and regulations. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
- Information Submitted. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users through the Services.
- Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You understand that SAMC is unable to guarantee the accuracy of information provided to you by or about other Registered Users, and that SAMC is unable to confirm that any Registered User is who he or she claims to be. SAMC does not warrant and is not responsible for ensuring that Registered Users or other users of the Services are in compliance with the Agreement. You agree to take all necessary precautions when communicating with or meeting individuals through any of the Services. In addition, you agree to review and follow the recommendations set forth in SAMC’s website, which may be provided to you as part of the Services and is available at the bottom of many pages of the Services. You understand that SAMC makes no representations, warranties or conditions, whether express, implied or collateral, regarding your ultimate compatibility with individuals you meet through the Services or as to the conduct of such individuals. You further understand that SAMC makes no representations, warranties or conditions, whether express, implied or collateral, as to number or frequency of matches made available to you through the Singles Service.
- Reporting of Violations. You will promptly report to SAMC (i) any violation of the Agreement by others, including but not limited to, Registered Users, and (ii) any known or suspected unauthorized access to your account.
- Content Removal. SAMC reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. SAMC will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law, either the letter or spirit of this Agreement, or upon the request of any third party.
- Posting and Communication Restrictions. Postings on the Informational Services section of the Site will follow any additional guidelines that may apply to such Informational Services, in addition to the terms of this Agreement. In addition to the foregoing, you will not post, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Services, that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, obscene or otherwise objectionable;
- contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining written permission first;
- contains video, audio photographs, or images of another person without his or her written permission (or in the case of a minor, the minor’s legal guardian);
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- intended to defraud, swindle or deceive other users of the Services;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices, as these terms are commonly used by information technology professionals;
- promotes or solicits involvement in or support of a political platform, religion, multi-level marketing group, investment scheme, cult, or sect;
- disseminates or otherwise discloses another person’s personal information without his or her prior written permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Site or Services;
- uses the Site or Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18 years of age (or the age of majority in your jurisdiction, if it is older); or
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities, as these terms are commonly used by information technology professionals.
- No False Information. You will not provide inaccurate, misleading or false information to SAMC or to any other user. If information provided to SAMC or another user subsequently becomes inaccurate, misleading or false, you will promptly notify SAMC of such change by email or other written communication method.
- No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to SAMC, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay SAMC $50 (CAD) for each such unsolicited communication to a Registered User you send through the Site or Services.
- Unique and Bona Fide Profile. As a Registered User of the Singles Service, you will create only one unique profile. In addition, your use of the Singles Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Singles Service (for example, you may not become a Registered User solely to compile a report of compatible singles in your area, or to write a school research paper). Not all Registered Users are available for matching. From time to time, SAMC may create test profiles in order to monitor the operation of the Services.
- No Harassment of SAMC Employees or Agents. You will not harass, annoy, intimidate or threaten any SAMC employees or agents engaged in providing any portion of the Services to you.
3. Proprietary Rights.
- Ownership of Proprietary Information. You hereby acknowledge and agree that SAMC is the owner of highly valuable proprietary information, including without limitation, the search systems, profiles, and questionnaires (collectively, “Confidential Information”). SAMC owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
- No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trade-marks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
- Other Users’ Information. Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any SAMC or third party proprietary information available via the Services or the Site.
- License to Posted Content. By posting information or content to any profile pages or public area of the Services such as the Informational Services, you automatically grant, and you represent and warrant that you have the right to grant, to SAMC and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. You further waive any moral rights you may have in any such information or content. From time to time, we may create, test or implement new features or programs on the Site (e.g., rating of user photos or profiles by other users) in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
4. User Information.
- .No Contact Information. You agree that you will not post any e-mail address, personal website address or profile page you may have on a third party website, or other contact information in the publicly available section of the Singles Service or in any other communications you may have with other users. You may, at your discretion, exchange such information with the matches proved to you by SAMC in accordance with this Agreement.
- Disclosure By Law. You acknowledge and agree that SAMC may disclose information you provide if required or permitted to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend SAMC’s, or a third party’s, rights; (3) protect someone’s life, health or safety, such as when harm or violence against any person (including the user) is threatened; or (4) in accordance with the terms of this Agreement.
- Use of Anonymous Information for Research. By using the Services, you agree to allow SAMC to use anonymized information from you and your experiences through the Services to continue SAMC’s research into successful relationships and to improve the Services. This research, conducted by psychologists and behaviour research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personally identifiable information.
5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors.
6. Disclaimer of Warranty.
- No Warranties. SAMC PROVIDES THE SERVICES ON AN “AS IS” AND “WHERE IS” BASIS AND MAKES NO AND DISCLAIMS ALLL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, OR IN TORT, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES’ CONDUCT OR COMMUNICATIONS WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THIS AGREEMENT OR IN CONFORMITY WITH USAGE, EQUITY OR LAW WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), AND INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, NON-INFRINGEMENT, TITLE OR OWNERSHIP. SAMC DOES NOT MAKE ANY REPRESENTATIONS, WARRATIES OR CONDITIONS, EITHER EXPRESS, IMPLIED OR COLLATERAL, THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. SAMC DISCLAIMS LIABILITY FOR, AND NO WARRANTY OR CONDITION IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
- Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by SAMC, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SAMC DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE OR SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SAMC. UNDER NO CIRCUMSTANCES WILL SAMC BE RESPONSIBLE FOR ANY CLAIM, LOSS OR DAMAGE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
- Beta Features. From time to time, SAMC may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any representations, warranties or conditions of any kind, whether express, implied or collateral, and may be modified or discontinued at SAMC’s sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
7. Limitation of Liability.
- Incidental Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SAMC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, GENERAL, COMPENSATORY, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING, DIRECTLY OR INDIRECTLY, TO THE USE OR INABILITY TO USE THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF SAMC KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL SAMC’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID SAMC FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 (CDN) OR ITS EQUIVALENT.
- No Liability for non-SAMC Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SAMC BE LIABLE FOR ANY CLAIMS, LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER CLAIMS, LOSSES OR DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- Information Verification. SAMC and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that SAMC and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless SAMC, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of (a) your use of or inability to use the Site or Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. SAMC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SAMC in asserting any available defences.
9. Complaints / Law Enforcement Contact.
To resolve a complaint regarding the Site or Service, you should review our Frequently Asked Questions (FAQ) by clicking on the relevant link on the SAMC website. Law enforcement officials may send correspondence (such as court orders) to SAMC via courier to PO Box 36054, 18677 Fraser Highway, Surrey BC, Canada, V3S 7Y5
10. Communication and Privacy.
11. Term and Termination.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in full force and effect unless and until terminated hereunder. Either you or SAMC may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. SAMC reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to SAMC by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section of the Site, or by sending a notice of cancellation to: South Asian Millionaire’s Club, Attn: Administration, PO Box 36054, 18677 Fraser Highway,Surrey BC, Canada, V3S 7Y5. Following any termination of any Registered User’s use of the Services, SAMC reserves the right to send a notice thereof to other Registered Users which whom you have corresponded.
- Cancellation At Any Time With No Refund. You may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by emailing us at firstname.lastname@example.org and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. Please note that if you paid for your subscription or renewal using a multi-part payment option, you may only cancel your subscription or renewal after the final payment has been paid.
- Regarding the Singles Service, you, the buyer, To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are cancelling this Agreement, or words of similar effect. This notice under this Section shall be sent to South Asian Millionaire’s Club., Attn: Administration, PO Box 36054, 18677 Fraser Highway, Surrey BC, Canada, V3S 7Y5. In addition, you may e-mail email@example.com. For Services, the day that you submit a completed subscription form will be the date of this Agreement. You will NOT be refunded any applicable fees mentioned on our pricing page.
- Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive all Services for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (iii).
- If you have prepaid any amount for the Service, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
- “Disability” means a condition which precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to SAMC.
- If the physician determines that the duration of the disability will be less than six (6) months, SAMC may extend the term of the Single Services contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
Such renewals are for the same duration as the original subscription term. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. If you do not wish your account to renew automatically, please follow the directions set out in these Terms and Conditions in order to cancel your subscription prior to the renewal date.
14. General Provisions.
- Controlling Law and Jurisdiction. Unless prohibited by local law, you agree that British Columbia law will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the courts in British Columbia, Canada. You acknowledge and agree that any violation of this Agreement may cause SAMC irreparable harm, and therefore agree that SAMC will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary, interim, interlocutory and mandatory injunctions and permanent injunctions without the necessity of posting other security, in addition to and without prejudice to any other rights or remedies that SAMC may have for a breach of this Agreement.