Terms and Conditions: 

Matchmaking Membership

 

Joining Yours Always and Forever is complimentary. No data is shared online or via any platform without your prior consent. We use your profile solely in-house amongst our matchmakers and may occasionally share your data with other matchmakers in the Matchmaker Network where we feel we can assist you to find a match.

Introduction

By using the services offered by Yours Always and Forever (here forth referred to as “the Company”, “we”, “us” or “our”) you are agreeing to the terms and conditions (“the Terms” or “this Agreement”) set out below which apply to the use of both the website and the services offered through it.

These Terms apply to matchmaking services, dating and relationship coaching and Image Consulting provided by the Company to users of the service provided by Yours Always and Forever (“the Member”, “You” or “Your”).

The Company reserves the right to change these Terms at any time, but all content published on this page

By joining Yours Always and Forever as a member, you are entering into a contract based on these terms and conditions. Represents the most up to date version.

Payment of the joining fee is acceptance to these terms and conditions.

Yours Always and Forever may change these terms and conditions from time to time. The most recent version of these terms and conditions will always appear on this page. Your continued use of Yours Always and Forever services will constitute acceptance of such changes.

  1. Eligibility and Membership

2.1 Your membership of Yours Always and Forever and use of our services is conditional on the following. By joining, you confirm and warrant that:

(i) you are at least 18 years old;
(ii) you are single or separated from your spouse;
(iii) your personal information is true, accurate and complete;
(iv) you live in North America; and
(iv) you are not using and will not use Yours Always and Forever services for any commercial purpose.
Your membership will be void if any of the above conditions are broken.

2.2 Special membership for those who live outside of the North America may be available for prospective members who are able to travel to North America to meet potential matches but will be considered on a case-by-case basis at Yours Always and Forever sole discretion.

2.3 Yours Always and Forever reserve the right to refuse any membership application at its sole discretion and without giving a reason.

  1. Your Rights and Responsibilities

3.1 As soon as you have completed your initial meeting with Yours Always and Forever we will begin assessing potential introductions. Yours Always and Forever offer different levels and types of membership which will be explained to you in person at your initial meeting with the company. We will use our reasonable efforts to introduce you to potential partners who we think may be suited to you.

3.2 You accept that the more limitations you impose on the type of person you would like to meet, the fewer introductions may result. You also accept that Yours Always and Forever cannot control whether another member wishes to reply to any communication from you, nor the nature of any feedback they supply following a date with you.

*3.3 You accept that Yours Always and Forever guarantee certain number of introductions base on the package you choose. We will endeavour to estimate a number based upon the information you provide at the initial meeting via Skype or in person. This number is intended as a guide only and under no circumstances will it constitute a binding promise.

3.4 You promise and undertake not to do any of the following, and understand that should you break this undertaking, we may take action including but not limited to termination of your membership at our discretion and without offering any refund:
(i) harass or cause a nuisance, inconvenience or anxiety to any other member or any employee of Yours Always and Forever, or contact them following a request not to do so;
(ii) violate the privacy or other rights of any employee or other member of Yours Always and Forever, including but not limited to by forwarding, distributing or displaying emails, personal data or photographs of another member to any third party;
(iii) act in an abusive, threatening, harassing, obscene, libellous, offensive, sexist, racist or discriminatory manner towards any employee or other member of Yours Always and Forever;
(iv) do anything which restricts or inhibits anyone else’s use and enjoyment of the services;
(v) impersonate another person;
(vi) supply us with any photograph or other material the rights to which are owned by any third party unless you have their written permission for such photograph or other material to be used for this purpose;
(vi) promote or appear to be promoting your own products or services to any other member of Yours Always and Forever; or
(vii) do anything that deliberately or recklessly prejudices the reputation of Yours Always and Forever.
Should you become aware of any other member breaking these rules, please contact Yours Always and Forever.

3.5 You accept that Yours Always and Forever cannot be responsible for your interaction with other members or for the conduct or actions of any member. Yours Always and Forever does not carry out police or background checks of its members and makes no representations about the marital status or mental state of any member. You should always take sensible precautions before and during such interactions, particularly if arranging to meet another member (these should include meeting in a public place, telling a friend where you are going, and not giving out personal information until you are comfortable doing so). Yours Always and Forever cannot arbitrate in disputes between members.

3.6 Payment: Your membership is conditional upon the payment of your selected package. Fees vary depending on the level of membership you choose, and you will be given this information before joining. Fees, services and renewal options may be amended from time to time by Yours Always and Forever but you will be notified in advance of such changes. You may cancel your membership and subscription at any time but all fees paid up until your cancellation are non-refundable.

3.7 Membership may be suspended for up to 3 months at a time by giving one month’s notice to Yours Always and Forever. You may reactivate your membership at any time within such 3-month period by informing Yours Always and Forever. Should you wish to reactivate your membership following the expiry of your membership period, you will be required to pay the full joining fee for your level of membership.

3.8 You agree to indemnify Yours Always and Forever, our employees and directors, for any and all loss, damage, claims, expenses, actions or demands, including but not limited to legal fees, arising out of your use of our services and/or any breach by you of these terms and conditions.

  1. Our Rights and Responsibilities

4.1 We take your privacy seriously and will process and protect your Personal Information (as defined in the Data Protection Act 1988) in accordance with the Data Protection legislation. See our Privacy Policy for full details. For example, we will:
(i) never share your personal information with anyone unless you give us permission to do so;
(ii) take care of your personal information and use appropriate security measures to protect it.
You agree to let us know of any changes to your personal information as soon as possible.

4.2 We reserve the right to refuse any application for membership or to terminate your membership without notice or refund at any time and at our sole discretion. We shall not be liable to you for any such termination.

4.3 All materials provided to you by Yours Always and Forever, and any intellectual property belonging to or associated with our company and/or services, including any website, trade mark or trade name, logo, software, text and graphics are the sole property of Yours Always and Forever and you agree that you will not infringe any such rights in any way. You may not download, modify, display, copy (including without limitation making derivative works based on such material) or print any such material or any of the content on this website except for your own personal non-commercial use.

  1. General

5.1 Liability: Your use of our services is at your sole risk Yours Always and Forever does not accept any liability for any loss, damage, claim or expense, whether direct or indirect and howsoever caused, arising out of your membership and/or your use of the service or your reliance on advice or information provided by us. All warranties in respect of the service and/or such information, whether express or implied, are excluded. We are not responsible for any loss or damage incurred by you as a result of any action or decision you take based on advice or information we provide. Notwithstanding the foregoing, any liability of Yours Always and Forever for any and all causes of action will be limited to the amount paid by you in respect Yours Always and Forever services.

5.2 We endeavour to ensure that the information provided on our website is accurate and current. However, we cannot guarantee the accuracy of such information nor accept responsibility for any adverse consequences resulting from your reliance upon it.

5.3 Any of Yours Always and Forever websites may contain links to other websites. These are provided as a convenience to our members and we accept no liability or responsibility for the content of those websites, nor do we make any claims as to the truth or accuracy of the information contained therein. You access such websites at your own risk.

5.4 Notwithstanding conditions 5.1, 5.2 and 5.3 above, nothing in these terms and conditions shall attempt to limit or exclude our liability for death or personal injury caused by negligence.

5.5 Entire agreement: This contract constitutes the entire agreement between you and Yours Always and Forever.

5.6 No waiver: Any failure by Yours Always and Forever to enforce any provision of these terms and conditions at any time shall not be construed as a waiver of such provision and shall not affect the right of Yours Always and Forever to enforce such provision.

5.7 Rights of Third Parties: Nothing in the Contracts (Rights of Third Parties) Act 1999 shall operate to give any third party the right to enforce any term of this contract.

5.8 Severability: If any provision in these terms and conditions is deemed to be illegal, unenforceable or invalid for any reason, it shall be deemed to have been struck out and the remaining provisions shall survive and continue to be binding and enforceable.

5.9 Jurisdiction: This agreement is governed by Canadian law and shall be subject to the exclusive jurisdiction of the Canadian courts.

Invoice fees are in Canadian dollars if you are in Canada HST including. If you are in the US it will be in US dollars. Payment may be made by cash, cheque, electronic transfer, credit card or PayPal. Full payment must be submitted to confirm your contract with Yours Always and Forever and being your services.

 

 

 

Terms and Conditions

Date Coaching Services

These terms and conditions (“Terms”) apply to Yours Always and Forever Date Coaching Services programme (the “Programme”) operated by Yours Always and Forever in Canada and worldwide, by registering to be a participant in our Programme, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.

2.2.   The agreement between us and you, the person or entity registering to be a participant in the Programme (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your registration form for the Programme and shall continue until terminated in accordance with these Terms.

2.3.   If you are purchasing online, the order process will be as follows:

2.3.1. add the Programme to the cart and proceed to the checkout and make payment as directed;

2.3.2. if you are paying by PayPal, you will be re-directed to the PayPal website for you to make payment and then once payment is made, you will be re-directed back to our site;

2.3.3. we will send you an email acknowledging your order and confirming whether we have accepted your order.

2.3.4. If at any stage you have made an error in your order, you may email us at info@yoursalwaysandforever.com to correct any errors.

2.4.   If you are purchasing online, you should print a copy of these Terms for your records as we will not be filing a copy and we may change these Terms from time to time.

2.5.   These Terms should be read in conjunction with our Terms of Website Use, Privacy Policy and Acceptable Use Policy (all of which can be found on our website www.yoursalwaysandforever.com (“site”)).

2.6.   Any content posted or submitted by you to our site in the course of the Programme is subject at all times to the Acceptable Use Policy. 

 

PROGRAMME

3.1.   The Programme will be provided over the course specified on the Service page and shall be delivered by a combination of Skype sessions, telephone sessions, one on one in person sessions

3.2.   The date and time of all sessions will be schedule with you once have checkout and payment is complete. We will provide you with as much notice of any change as is possible but we shall not be liable to you in any way for any change to such dates or times.

In Person Sessions

3.3.   If you need to cancel an In-Person Session, you should provide us with as much notice as possible (by emailing Renee@yoursalwaysandforever.com) and we will endeavour to reschedule the session to a mutually convenient date and time. If you provide us with less than 24 hours’ notice or fail to provide us with any notice we may not be able to reschedule the session.

3.4.   If you arrive late for an In-Person Session, we will try to extend the end time but if this is not possible, the session will end at the scheduled time and we will not be obliged to refund you any amounts paid in relation to such session.

3.5.   The in-Person Sessions may be held anywhere such as restaurant Patio, Library meeting rooms and you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). We will require you to leave if you do not comply with such policies and rules (and shall not be obliged to refund you any amounts paid in relation to such session).

3.6.   You are responsible for your own belongings that you take to an In-Person Session and neither we nor the venue will be liable for any loss, damage, theft or destruction of any of your belongings.

3.7.   You agree to indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a *venue as part of the Programme.

Telephone Sessions

3.8.   Telephone sessions shall start and end at the scheduled times regardless of the time that you Take the call. If you are late for an individual telephone call, this may be extended at our discretion but if we need to end at the scheduled time, we shall not be obliged to refund you any amounts in relation to such session.

Skype Sessions

3.11. The Skype sessions of the Programme are held at the scheduled times regardless of the time that you Take the call. If you are late for an individual telephone call, this may be extended at our discretion but if we need to end at the scheduled time, we shall not be obliged to refund you any amounts in relation to such session.

 

PAYMENT

5.1.   The total price payable for the Date coaching Programme is as set out in Service Page of key terms above or on the sales page on the website www.yoursalwaysandforever.com.

5.2.   You may choose to pay by installments or in one lump sum and the total price payable shall depend upon which option you have chosen and shall be as set out in the summary of the package.

5.3.   If you choose to pay in installments a deposit of the amount set out in the summary of key terms is payable on registration for the Programme. You will then be invoiced for a further installment (as specified on our website) for the amount set out in the summary of key terms every 30 days until the total price payable has been paid. Such invoices must be paid within 7 days of the date of the invoice.

5.4.   Payment is to be made by any method that is detailed on our site from time to time.

5.5.   Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base rate from time to time in force and/or (ii) suspend the availability of the Programme until such time as payment is made or the Contract is terminated.

5.6.   The total price payable is set out in the package which includes HST

5.7.   You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Programme.

5.8.   All payments are non-refundable.

 

OUR OBLIGATIONS

6.1. Due to the nature of coaching and the fact that your success is all depend on you a number of factors over which we have no control, we do not guarantee any particular results.

6.2.   We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.

6.3.   We acknowledge that in the Date coaching Programme we will have access to your confidential information and we agree not to (except in the proper course of our duties) use or disclose to any third party such confidential information. This restriction does not apply to: 

(a) any use or disclosure authorised by you or required by law; (b) any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or (c) any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.

6.5.   You acknowledge and agree that your personal data will be processed by and on behalf of us as part of us providing the Date Coaching Programme to you.

 

INTELLECTUAL PROPERTY

7.1.   We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Programme and all content within the Programme and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Programme or the content of the Programme to you or to any other person.

7.2.   You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials contained in the Programme.

7.3.   We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the Programme for the purposes for which the Programme were provided only.

7.4.   Except as set out in paragraph 7.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.

7.5.   You may not without our prior written consent make any audio or visual recordings of any part of our Programme.

7.6.   We may from time to time record the Programme being delivered during your attendance.  You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.

7.7.   You acknowledge that certain information contained in the Date Coaching Programme and Programme materials is already in the public domain.

7.8.   You are not permitted to sell or promote products or services to other participants in the Programme at or during any part of our Programme without our prior written permission.

7.9.   The provisions of this paragraph 7 shall survive termination of the Contract.

 

TERM AND TERMINATION

8.1.   The Contract shall continue until the end of the Programme when the Contract shall expire other than for the Terms that are specifically stated to remain in force past termination or expiration.

8.2.   Notwithstanding the provisions of paragraph 8.1, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:

8.2.1. The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or

8.2.2. The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or

8.2.3. The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially averse to the interests of the terminating party.

8.3.   On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).

8.4.   Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

8.5.   Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.

8.6.   Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.

8.7.   This paragraph 8 shall survive termination of the Contract.

 

LIABILITY

9.1.   Nothing in this paragraph 9 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

9.2.   We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Programme.

9.3.   Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Programme.

9.4.   If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

9.5.   We shall not be not liable for additional costs incurred by you as a result of changes in (i) the Programme, (ii) any other content, (iii) the location of venues, (iv) the time and date of sessions or (v) trainers, instructors or coaches.

9.6.   The provisions of this paragraph 9 shall survive termination of the Contract.

9.7.   You acknowledge and agree that:

9.7.1. The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Programme (which shall be deemed to have been terminated by mutual consent);

9.7.2. in entering into the Contract, you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Programme other than as expressly set out in the Contract.

GENERAL

10.1. By registering for our Date Coaching Programme, you warrant that:

10.1.1.    You are legally capable of entering into binding contracts; and

10.1.2.    You are at least 18 years old; and

10.1.3.    That all information you provide us with is materially true and accurate at all times and not misleading in any way.

10.2. You accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our site.  You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

10.3. We may vary these Terms (other than the price payable by you for the Programme) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Programme will be deemed to be your acceptance of any new Terms.

10.4. The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.

10.5. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract without providing prior notice to you.

10.6. If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.

10.7. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

10.8. A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

10.9. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.

10.10. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

10.11.  We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

10.12.   Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.

Renee Lewis

C: 647-901-4620
E: i nfo@yoursalwaysandforever.com

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