Terms and Conditions

Last updated date: Sep 10th, 2021

Please read the terms of services (the “Terms”) below carefully. Access to the HEHE Match Inc.’s website and any pages thereof bounds you to the Terms. If you do not agree to the Terms, do not access this website or any pages thereof.

1. INTRODUCTION

Most site visitors don’t read terms of service but instead skip to click “I agree.” However, reading the terms of service helps you know what to expect from this site and what is expected of you as you use HEHE Match Inc.’s services. The Terms are a contract with the federal corporation: HEHE Match Inc., 250 Yonge Street, Suite 2201, Toronto, ON, Canada, M5B 2L7.

The Terms apply to anyone who accesses our services, whether they have registered with us or not. In addition, using our services is subject to the Privacy and Cookie policies. We reserve the right to modify, amend, or change the Terms at any time.

You agree to comply with the current version and all further updated versions of the Terms. You will be notified of any material changes through a post on this site with an updated effective date. If you do not accept any changes to the Terms, you should cease using our services immediately. We reserve all other rights that are not granted to you under these Terms.

Definition

Member(s) refers to those who choose to register to become HEHE Match website users i.e. registered user(s).

HEHE Match Inc. is hereafter called HEHE Match

2. ACCOUNT ELIGIBILITY AND YOUR RESPONSIBILITIES

You must ensure you are eligible to use our services before creating an account or applying for membership.

Using our services indicate that you warrant the following:

• You are at least 18 years old
• You are NOT located in a country that is a terrorism threat to Canada nor subject to sanctions imposed by Canada.
• You are legally single.
• You have not been convicted of or pled guilty to any criminal charges
• You are not required to register as a sex offender with any registry
• You have a maximum of one account on our services
• You have not been prohibited from using our services by us

You agree to;

• Comply with these Terms and any changes thereof
• Be courteous to other members and our staff
• Protect the security of your login information

You agree not to;

• Give false information about your age, identity, qualifications, affiliations, and any other relevant personal information
• Use the services in a way that is damaging or affects its use by other members
• Harass or harm any person
• Use our services for any illegal activity
• Post or share prohibited content
• Upload any malware which would compromise the security of our services

3. CONTENT

3a) Your content

• You are solely responsible and liable for the content you share. You agree to hold us harmless from any claims connected to your content.
• You warrant that any information you provide, including from third-party sources, is accurate at all times.
• You agree that other members may view your content, including pictures of yourself and any personal information you choose to post.
• The Featured Members section of the HEHE Match’s website is where the profiles of members who have requested and consented to have their profile information made public are featured for the period of time which you usually have to pay for. You agree that if you consent to have your profile featured on the Featured Members section of our website, you are giving consent to your profile, including your pictures and bio, being viewed by the general public who have not yet become members of HEHE Match. You also authorize HEHE Match to promote your profile on our social media accounts (including but not limited to Facebook, Instagram, Linkedin, YouTube, Pinterest, WeChat, Podcast, TikTok) for purpose of helping you find your ideal match by making meaningful connections, and maximize your member’s benefit for the period of time which you usually have to pay for.
• You agree that we may monitor your content and have the right to change or remove your content at our sole discretio If, in our sole opinion, we believe that any content you have posted is in breach of this Agreement or may cause harm to us, our members, or any other third parties, we may remove or take down that content at our sole discretion. Where appropriate, we may provide you with reasons for our actions, but you agree that we are not obliged to do so.

3b) Member content

• You will use member content only for the purposes outlined in these terms
• You do not have any rights to member content
• You may not copy member content or use it for commercial purposes or any harmful way to others
• We reserve the right to terminate your account if you use member content inappropriately

3c) Our content

• We own all content and intellectual property featured on our digital and print materials.
• Our content is protected under intellectual property law.
• You are granted limited access and use of our content. We reserve all other rights.

4. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTING

We are intolerant of inappropriate content on our services. Our commitment is to maintain positivity and respect in our community. Further, we do not condone any misconduct both on and off our services.

You are encouraged to report any inappropriate member content by any of our members. You can make a report by directly emailing our customer service through a link provided within these Terms. Member Content is subject to the terms and conditions of Canadian Copyright Law.

5. PRIVACY

We take our privacy and that of our members very seriously. We have a separate privacy policy. Please read our privacy policy for more information about how we and our affiliates collect, use, and share personal data. By using our services, you consent to us using your data according to our privacy policy.

1. RIGHTS GRANTED TO YOU

We grant you the right to use and enjoy our services according to these terms. Complying with the Terms will give you the following rights:

• Personal
• Worldwide
• Royalty-free
• Non-assignable
• Non-exclusive

The rights will be subject to reversion if you don’t comply with the terms.

7. RIGHTS YOU GRANT US

You own all the content you provide us when creating an account on our site. However, you grant us the right to use your content (including any photos) you put on the site as agreed in these terms. Also, we may take photos or videos of you during the events that you register for. You also grant us the right to use those photos and videos with your images in them. You also grant us the right to post your images on our medial social account(s). When you create an account or using our services, you grant us the following rights to your content:

• Hosting
• Storing
• Using
• Copying
• Displaying
• Reproducing
• Adapting
• Editing
• Publishing
• Translating
• Modifying
• Distributing

We may but are not obliged to take action against members or third parties who use your content. However, in the event that we do take action, you hereby authorize us to act on your behalf in protecting your content from infringement by other members or third parties. The infringement authorization includes sending notices on your behalf if your content is used outside HEHE Match services.

We do not generally offer the services and products of other businesses on our site. However, if links to other businesses or the content of other businesses do appear on our site, you agree that if you visit those sites or access that content through our site i) you will be subject to the terms, conditions, and policies of those sites and ii) that HEHE Match has no control over those sites. Giving feedback to us regarding our services provides us with the right to use and share your feedback without compensating you. You agree that we can access, store, and share your account information if required by law. You agree that we can disclose your data under the following circumstances:

• Complying with legal procedures
• Enforcing these terms of services
• Responding to claims that your content infringes the rights of third parties
• Responding to your customer service requests
• Protecting the rights, property, and safety of the company or any person

8. PURCHASES AND NON-AUTOMATIC RENEWING SUBSCRIPTIONS

By creating an account or subscribing, you will be allowed to purchase our products and services. Premium subscriptions do not automatically renew. You have to notify us 30 days in advance of your intention to renew. We may offer products and services for purchase through external services we have authorized. Such external services include iTunes and Google play.

8a. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS

External service purchases such as premium subscriptions can be processed through the external service. In such cases, the purchases are managed through your external service account. During purchasing, you may have the option of paying through external services such as Apple Id and your Google account.

In such scenarios, charging your external service account will be based on the terms agreed upon on the purchase. If you have an automatically renewed subscription, it will be charged on your external service account until you cancel the subscription.

8b. INTERNAL PURCHASES AND SUBSCRIPTIONS

Internal purchases are processed using the payment method you provided us. To renew your subscription, give us a 30-day notice. An internal purchase means you agree to the following:

• Pay the prices displayed for the services you chose as well as taxes that may be imposed on payment
• You authorize us to charge the payment method you provide

We may correct billing errors even after requesting or receiving payment. Initiating a reverse payment will lead to the termination of your account immediately. The basis of the termination will be that you no longer want to be subscribed.

If any other payment reversal is overturned, contact our customer care service. You are allowed to edit your payment method information.

If your subscription expires or you have insufficient funds, we will continue to bill you. You are responsible for any unpaid amounts. The terms of payment are determined by agreements between you and your financial institution.

8c. DIGITAL PRODUCTS AND SERVICES

Digital items are non-refundable and are subject to conditions. You may occasionally be able to purchase for an additional cost, limited, personal, non-transferable revocable rights that allow you to access special features including recordings of events and training videos.

You are entitled to buy digital items only from our authorized partners or us. We reserve the right to charge for accessing and using our digital products and services.

We reserve the right to manage, regulate control, modify, or eliminate digital items. We shall not be held liable to members or third parties if we exercise these rights. You are prohibited from selling, redeeming, or transferring digital items.

8d. REFUNDS

All purchases are final and non-refundable except for special promotions. In the event of special promotions, the laws in the jurisdiction must allow refunds. If your subscription is through Apple ID, Apple handles your refund requests. To request a refund, contact your external service directly

9. ACCOUNT TERMINATION

You can delete your account whenever you wish by following the instructions on closing your account. External service purchases can only be canceled through your external service account. That is done to avoid extra billing. We reserve the rights to investigate and terminate your account without a refund if you:

• Violate the terms of services
• Misuse our services
• Act in a way that is contrary to the agreement

We reserve the right to use personal, technological, or legal means in enforcing the terms. We are not liable or obliged to give you prior notice. Additionally, we reserve the right to prevent you from accessing our services.

If you delete your account or we terminate it, these terms will remain enforced, and you will not be offered any refunds. Your personal information and content will be maintained and deleted according to our privacy policy.

10. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

We do not conduct criminal and identity background checks for bronze membership users (i.e. bronze members). Checks are carried out for silver, gold, platinum, and diamond memberships at their request. When interacting with other members, be informed of our safety advice as outlined below:

• We provide no warranty as to the conduct, identity, intentions, or integrity of its bronze members
• We reserve the right (as authorized by you) to conduct criminal background checks, identity verification checks at any time using available public records.
• You are solely responsible for your interactions with other member

We advise that you always use your best judgment when interacting with and meeting other members. We are not responsible nor liable for the conduct of any member on or off the service.

11. DISCLAIMER

Our services are provided “as is.” We cannot make any representations about the content of our services. Our services are provided on an “as is” and “as available” basis to the extent permitted by law, grants no warranties of any kind. We do not represent or warrant that,

1. Our services will be uninterrupted, secure or error-free
2. Any errors or defects in our services will be corrected
3. Any information obtained through our services will be accurate

We make no guarantees as to the number of active members at any time. We take no responsibility for any content that you or a third party post or receives through our services. We are not responsible for the identity, intentions, and legitimacy of members you communicate with.

Any material obtained through our services is accessed at your discretion and risk. We are not responsible for damage to your devices’ hardware, software, or other equipment. We shall not be held liable for technical malfunctions such as viruses, fraud, interruption, defects, and errors.

12. CANADIAN COPYRIGHT LAW

Copyright infringement is a very serious issue for us. We require your assistance to tackle it effectively. We have a copyright policy that is guided by the Copyright Act of Canada. If you consider any content on our services as infringing on copyright, please contact us and include the following information:

• A physical or electronic signature of a person with authority of representing the owner of the right that is allegedly infringed
• Identity of the allegedly infringed copyrighted work.
• Identity of the allegedly infringing material that is subject to removal or is disabled
• Your personal information such as an address, telephone number, and email to make it easy for service providers to contact you
• State that you are aware the copyright owner has not authorized use of their content in the allegedly infringed manner
• Provide a statement confirming that the information you have provided is accurate to the best of your knowledge and that you have the authority to act on behalf of the copyright owner

Any such notices should be sent to the following:

Email: office@HEHEMatch.com

Address: Copyright Compliance Department c/o HEHE Match Inc. 250 Yonge Street, Suite 2201, Toronto, ON, Canada, M5B 2L7

13. ADS AND THIRD-PARTY CONTENT

Our website has no ads. However, some services may contain advertisements from third parties. There are links provided to visit other websites. We are not responsible for the availability (or lack of) of external sites or resources. We do not endorse the products or services offered by third-party websites. If you interact with third parties through our services, the third party’s terms will govern your relationship with them. We are not liable for third parties’ terms.

14. LIMITATION OF LIABILITY

HEHE’s total liability under or in connection with our services shall be limited to the total of all fees paid by you in a 3 month period preceding the damaging event.

In no circumstances will our staff, affiliates, or employees be held liable for any indirect, accidental, or punitive damages. The damages include; loss of profits, loss of data, or other intangible losses whether lost directly or indirectly. The losses may be as a result of;

• members or third party activities in the use of our services
• Illegal access, editing, and use of your content

We are aware of the likelihood of such damages, but we shall not be held liable for any claims related to the resulting damages. The limitations of liability provided hereby shall be enforced even when your agreement fails with respect to its essential purpose. There are certain jurisdictions where exclusion and limitation of damages are not permissible. In such an event, some of the exclusions and limitations do not apply to you.

15. DISPUTE RESOLUTION

The parties agree that all disputes pertaining to the interpretation or implementation of this Agreement shall be resolved first by good-faith negotiation between the parties. In the event that a dispute cannot be resolved by negotiation between the parties, the parties agree to use the services of a mediator to attempt to resolve their differences, and failing agreement on the procedure to be followed, it shall be conducted in accordance with the “Rules of Procedure for the Conduct of Mediation” of the ADR Institute of Ontario. In the event that the mediation does not result in a settlement of the dispute, any unresolved issues will be taken to either arbitration or  the Ontario Small Claims Court and that decision will be final. Should arbitration be chosen, it will be conducted in accordance with the “Rules of Procedures for the Conduct of Arbitration” of the ADR Institute of Ontario pursuant to the Arbitrations Act.

16. INDEMNITY BY YOU

If a claim is made against us due to or in connection with your actions, you agree to indemnify us. You agree to hold us our affiliates and employees harmless. You agree to indemnify and defend us against all complaints, demands, claims, and expenses as a result of your access and use of our services. ADDITIONAL LIABILITY TERMS

YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR YOUR ACTIONS AND INTERACTIONS WITH OTHER MEMBERS ON OUR SITE AND APP, AND DURING AND AFTER  OUR EVENTS AND FOR ANY AND ALL RISKS THAT MAY BE ASSOCIATED WITH, AND FOR ANY AND ALL INJURIES OR DAMAGES YOU MAY SUSTAIN OR CAUSE OTHERS TO SUSTAIN, IN CONNECTION WITH OR ARISING FROM YOUR ACTIONS/INTERACTIONS.

YOU HEREBY RELEASE AND HOLD HARMLESS HEHE MATCH INC AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, CORPORATE AFFILIATES, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, EXPENSES, INJURIES, AND ACCIDENTS (COLLECTIVELY, “CLAIMS”) IN CONNECTION WITH OR ARISING FROM YOUR ACTIONS/INTERACTIONS WHILE USING OUR SERVICES, OR AS A RESULT OF USING OUR SERVICES. YOU ALSO AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HEHE MATCH INC AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, CORPORATE AFFILIATES, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY CLAIMS IN CONNECTION WITH OR ARISING FROM YOUR ACTIONS/INTERACTIONS WHILE USING OUR SERVICES. IN NO EVENT SHALL HEHE MATCH INC BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING IN ANY MANNER FROM THE SERVICES YOU CHOOSE TO USE, WHETHER UNDER CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. ACCEPTANCE OF TERMS

You accept our Terms by using our services through any electronic device and are bound by the following:

• Our Terms may be amended from time to time
• Our privacy and cookie policy
• Any additional terms provided after purchase

18. ENTIRE AGREEMENT

These Terms supersede all previous agreements, either written or oral, between us. If any of these terms is held invalid, illegal or unenforceable, all other terms remain in effect. You are not allowed to make any representations on our behalf or bind us in any manner.

19. SPECIAL TERMS

You have the right to cancel your subscription without penalty before midnight of the 30^th calendar day following your subscription date. Suppose you happen to die or become disabled before your subscription ends. In that case, you or your estate (as applicable) will be entitled to a refund of the portion of the payment made before your death or disability which can be allocated after your death or disability.

20. FORCE MAJEURE

It refers to an act beyond the reasonable control of the company. It includes epidemics, pandemics, government orders, strikes and industrial action by third parties, invasions, terrorist attacks, and other events of similar nature. The company is not liable for failure or delay in performing these terms in the event of a force majeure.

In such an event where services cannot be provided for 14 days or more, either party can terminate this agreement immediately, with written notice to the other party. Neither party has the right to claim compensation from the other.

You acknowledge having read and understood these Terms and further agree to be bound by them. You acknowledge that these Terms and our privacy policy are representative of the agreement between us and that it supersedes all other prior agreements.

21. GOVERNING LAW – ATTORNMENT TO ONTARIO

This Agreement shall be governed by and construed in accordance with the laws of Ontario and the laws of Canada applicable therein. Any and all disputes arising under this Agreement, whether as to the interpretation, performance, or otherwise, shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, and each of the parties hereto hereby irrevocably attorns to the jurisdiction of the courts of  Ontario.