WARRANTIES, REPRESENTATIONS AND UNDERTAKINGS
1. You warrant, represent and undertake to the Company that:
a. You are above 21 years of age, are unmarried and/or legally free to form a relationship;
b. You have not been convicted in any Court of Law for any offences involving dishonesty, sexual offences, harassment, assault or any form of violence or cruelty;
c. You are a Singapore Citizen, Singapore Permanent Resident or Singapore Employment Pass Holder;
d. You are not a bankrupt or are not presently the subject of bankruptcy proceedings; and
e. Your responses in the Profiling Questionnaire (“Questionnaire”) are true, complete and accurate.
MEMBERSHIP, SERVICES AND FEES
2. The Company provides various dating services to its members for a fee, the specific details of the fee, the membership period and the corresponding services are set out in the price list.
3. Applications for membership must be accompanied with the full payment of fees; failing which the Company reserves the right to reject the same. However, notwithstanding full payment of membership fees, the Company reserves (a) the right to refuse your registration as a member, in which case any fees paid by you will be refunded in full to you and/or (b) refuse you entry to any event without providing any grounds whatsoever. The Company’s decision in this respect shall be final.
4. Notwithstanding full payment of membership fees, you shall not be deemed a member until so notified by the Company in writing.
5. Membership will entitle you to the suite of services and events relevant to the membership package purchased by you as well as to such services and events that may be organised by the Company from time to time.
6. The Company reserves the right to refuse any amendment to the Questionnaire proposed by you after 7 calendar days from the date of this agreement.
7. The Company may introduce amendments thereto from time to time. You also acknowledge and accept that the Company reserves the right to suspend, modify or terminate your membership and any service offered at any time provided that the Company shall give you reasonable prior notice in writing and the effective date of such suspension, modification or termination. If you do not agree to any modification to your membership, you may terminate your membership save that the Company shall not be liable to make any refund, compensation to you or entertain any claims therefrom. Any refund offered by the Company therein would be based purely on good faith. By continuing to use services offered by the Company and/or attending events organised by the Company, you are deemed to have agreed to be bound by any new terms.
8. Your membership will automatically terminate upon successful marriage records found with the Registry of Marriages, or when the Company receives your notice in writing for a request on termination. Upon termination, your membership cannot be reactivated unless payment for renewal is made. You shall not be entitled to any refunds on any un-used portions of the services or offerings under your membership.
9. As the provision of dating services is personal in nature, you acknowledge and accept that your membership is personal to you and strictly non-transferable.
SUSPENSION OF MEMBERSHIP
10. You may request in writing for the Company to exercise its discretion to permit that your membership be suspended (“Suspension Period”) under the following circumstances:
a. You enter into a relationship; or
b. You produce a valid medical certificate which states that by reason of your illness, injury or disability you require hospitalisation, home rest or treatment which prevents you from participating in events organised by the Company.
11. The Company’s decision in respect of whether to grant you a suspension of membership and the duration thereof is final.
12. To reinstate your membership, you may request in writing for the Company to lift the suspension on your membership.
13. The Company may, but is not obliged to remind you when the Suspension Period is over.
TERMINATION OF MEMBERSHIP
14. The Company may terminate your membership upon the occurrence of any of the following events:
a. Where any warranty, representation and undertaking made by you is found to be untrue, inaccurate or misleading;
b. Your conduct at any event organised by the Company is inappropriate, wrongful, contrary to law or in any event, causes annoyance and/or distress and/or alarm to the Company’s employees, agents and/or other participants / members / public at large;
c. A complaint to the authorities has been made against you in respect of offences relating to your conduct being contrary to good order, harassment, stalking, causing annoyance or distress; or where a protection or expedited protection order has been made against you or where you are convicted of an offence involving dishonesty, sexual offences, harassment, assault or any form of violence or cruelty; or
d. Where you enter into a common-law (unregistered) or registered marriage regardless of jurisdiction.
15. Where the Company terminates your membership pursuant to the clause above, no pro-rated or partial refund shall be due to you for any un-utilized services in respect of your membership.
16. You may also request in writing a termination of your membership with 7 business days’ notice. Such termination would be subject to the execution of an addendum to this agreement stating the terms of membership termination, which would be subject to mutual agreement between the Company and yourself.
17. Upon the termination of your membership, all rights and privileges accorded to you as a member shall cease with immediate effect.
18. The termination of your membership shall not affect the Company’s right to recover any money owing including but not limited to expenses, charges or fees imposed or incurred or occurring prior to and up to including the date of termination.
PROVISION OF MATCHING SERVICES
19. The company will propose potential matches based on your requirements as indicated on the Questionnaire provided by you. Should your membership package include Dr Love consultation sessions or Mock date sessions, the company may require you to complete such sessions as deemed necessary or prior to the provision of matching services. During the company’s matching process, there will be strictly no revelation of the potential match’s personal details, including full name, photos or any other information which are indicative of the potential match’s identity.
20. For Dates Packages, you are entitled to a maximum of 3 rejections on the proposed potential matches within reasons. After which, any other further rejections on proposed potential matches will constitute a deduction of 1 date for each rejection from the Dates Package.
21. For Dates Subscription Packages, your subscription is subject to a minimum subscription period of 3 months. Thereafter, you may request a termination of your Date Subscription by providing written notice to the Company no less than 7 business days prior to the next subscription deduction date.
22. You are entitled to a maximum period of 3 years (inclusive of any suspension periods taken) to utilize all Dates from the date of purchase of any Dates Packages.
23. For the purchase of Basic Membership: The company makes no guarantee of any pre-matched date during the term of your Basic membership. You will be entitled to a full refund (less an administrative fee of $40) of your registration/membership fee only in the following instances:
a. Where you write in to request for a full refund within 7 calendar days from the date of this Agreement (“Cooling-Off Period”).
24. For the Purchase of any Dates Packages:
a. You will be entitled to a full refund (less an administrative fee of $40) only when you write in to request for a full refund within 7 calendar days from the date of this Agreement (“Cooling-Off Period”).
b. Un-utilised services in respect of your membership shall be forfeited upon termination of your membership and there will be no pro-rated or partial refunds due to you.
25. For the Purchase of Dates Subscription Packages, there will be strictly no refund of your subscription fees.
26. For the Purchase of Membership and/or any Dates Packages during any Promotional Period or at a Discounted Rate as offered by the Company, there will be no refund entitlement.
MEMBER’S RULES / LIMITATION OF LIABILITY
27. While the Company will use every reasonable effort to ensure that events are conducted safely, you expressly agree that your participation in any event is wholly at your own risk. The Company cannot and will not be liable for any accidents, loss or damage suffered by you while attending the event and you expressly release us from any such obligation and/or liability.
28. Your use of services offered and events organised by the Company are at your own risk. As an adult, you are responsible for your own safety and well-being and should exercise the appropriate level of discretion especially when meeting someone for the first time or someone unfamiliar.
29. The Company does not owe you a duty of care to guarantee or provide a safe environment for you to meet up with other members or to protect you from harm beyond accurately providing you with information provided to us on a “as is where is” basis. As such, the Company makes no warranty or representation as to the correctness or accuracy of information provided to it by members and you expressly agree that you shall not hold the Company liable for any inaccuracies, errors in information provided by us to you, nor for any omissions or acts of misrepresentation / fraud.
30. Accordingly, the Company cannot guarantee your safety nor does it make any warranty or representation, implied or express that meeting with other members will be safe.
31. You agree to fully indemnify and hold harmless the Company, its officers, directors, agents, from and against all liabilities, claims, expenses, damages and losses, including legal fees (on an indemnity basis), arising from any breach of these terms and conditions by you, or in connection with any other liabilities arising out of your use of the services provided by, or events organised by the Company or any services under your membership.
32. In any event, you expressly agree that under no circumstances shall the Company be liable to you for any loss or damage in excess of the greater of your registration / membership or event fee.
33. While the Company will make every reasonable effort to adhere to the services and events offered, the Company reserves the right to change event dates, location/sites and/or programme components as it deems necessary and in such instances, no refunds (partial or full) shall be allowed.
34. It is your sole responsibility to make your own way to the venue of any event / meet-up on time and under no circumstances shall the Company be responsible for your inability, howsoever occasioned, to attend the event / meet-up. If you are late, the Company is under no obligation to wait for you and may commence the event as per the advertised time.
35. You acknowledge and accept that the Company assumes no obligation, express implied, to guarantee you any result or promise of successful relationship or promise of marriages as a consequence of your membership.
36. You specifically agree that you are not to use the event as a forum to canvass or distribute materials that promote any entity or activity or cause, whether for profit or otherwise.
37. By registering as a member, you expressly authorise the Company to use store and transfer, as the Company may deem necessary, your personal information and details to any employee, affiliate, agent or partner of the Company for any and all purposes in connection with your membership and/ or for the purpose of promotions and, subject to paragraph 38 below, marketing relevant products and services to you. In this regard, please read, acknowledge and provide your consent to the Company’s Personal Data Collection Form attached below as Annex A.
38. You agree to be contacted by the Company or its authorised agents for future communications, which may include sales or marketing calls. If you do not wish to be so contacted, please unsubscribe by sending us an email at [email protected].
39. In the course of attending the events, photographs / videos of participants may be taken by the Company for the purposes of post event publicity / marketing, and you expressly consent to the same. You further agree that you are not entitled to remuneration, royalties or any form of payment from the Company for the use of your image.
40. Waiver (Covid-19) : The novel coronavirus, COVID-19 (“Cov-19”) has been declared a worldwide pandemic by the World Health Organisation. The Company has put in place preventative measures to reduce the spread of Cov-19 at our office and at our events and will strive adhere to the spirit of safety measures as stipulated by the Singapore Ministry of Health and National Environment Agency. However, attending our events or dates arranged by the Company may increase your risk of contracting Cov-19. The Company cannot guarantee that you will not become infected with Cov-19 in the course of your way to our events or dates arranged, from attending our events or dates arranged, or in the course of your way leaving from our events. By signing or acknowledging this agreement, you accept these risks and hereby release, covenant not to sue and hold harmless the Company and its employees, agents, and representatives, of and from any claims, loss, damage and all liabilities arising out of or relating thereto.
41. This Agreement is governed by Singapore Law and any dispute you may have arising from your membership, or in connection with your membership or attendance at any event including but not limited to any question regarding its existence, validity, interpretation or termination, shall be conclusively resolved in the following manner:
a. First, you are to issue a written notice to us by email to [email protected] setting out the brief terms of the dispute (“Notice of Dispute”). The date on which the Notice of Dispute is issued shall be known as the “NOD Date”. Upon the issuance of the Notice of Dispute, an investigation will be convened and you will be informed of the outcome within three (3) business days of the NOD Date. If more time is required for the investigation, you will be informed of the status accordingly.
b. Second, if the dispute is unresolved after thirty (30) business days of the NOD Date, you are to meet with us to resolve the dispute through negotiations to be conducted in good faith (“Resolution Meeting”). If the Resolution Meeting is unable to resolve the dispute, the Parties shall then convene a conference for their respective legal representatives to meet to resolve the dispute through negotiations to be conducted in good faith (“Legal Conference”). The Legal Conference shall take place within fifty (50) calendar days of the NOD Date.
c. Third, if the dispute remains unresolved after seventy (70) calendar days of the NOD Date, Parties expressly agree to have the dispute referred to mediation at the Singapore Mediation Centre (“SMC”) within ninety (90) calendar days of the NOD Date, under the prevailing rules of the SMC. Each party is to bear its own costs of the mediation and to pay for the costs of the proceedings at SMC in equal proportions. You expressly undertake and acknowledge that until and unless you have attempted one (1) full day of mediation at the SMC, you are precluded from initiating arbitration or litigation in a Court of law. Should you breach this clause, you expressly agree to have your action against us struck out (or, in the alternative, stayed) with costs to be paid to us, on an indemnity basis.
d. Fourth, where parties have attempted negotiation and mediation pursuant to the first, second and third paragraphs above and the dispute remains unresolved, you are then to refer the dispute to and have the dispute be finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference to this clause. The tribunal shall consist of a single arbitrator to be appointed by the SIAC, and the language of the arbitration shall be English.
e. Notwithstanding the timelines as provided for in (a), (b) and (c) above ("Timelines"), Parties may by mutual consent in writing, agree to amend (by abridgement or extension) the Timelines.
42. Pending resolution of your dispute, you expressly agree that you are precluded from speaking to the media or making or causing to be made any social media postings or publication, howsoever occasioned, making reference to us or to your dispute even if on a no-names basis; and should you breach this clause, you expressly consent to us obtaining an injunction against you and being liable for our legal fees on an indemnity basis.
43. This Agreement constitutes the entire agreement between the Company and you and regarding your membership and supersedes all previous agreements, understandings and arrangements, whether written or verbal, between you and the Company.