Thank you for deciding to choose desiremyHEART.com Inc., dating network in Alberta, (“DMYH”) as your dating provider to help find your mate. This outline Service Agreement (“Agreement”) contains the terms and conditions of desiremyHEART, defined below and governs the relationship between you and desiremyHEART. Your Agreement with desiremyHEART consists of this Dating Service Agreement, information contained on desiremyHEART’s website, and the current terms of service, promotion, and/or authorized written communication you have received from DMYH Alberta, Canada.
A. You are responsible for complying with the terms and conditions of this Agreement. You are responsible for assuring that all others using your service comply with the terms and conditions of this Agreement. You may not use Desire myHEART Inc. services for any unlawful purpose. B. You are responsible for payment of all charges for services furnished to you by Desire myHEART Inc. including but not limited to: the monthly membership service charges and all other services fees that you may incur. You agree to pay all applicable rates and charges for such services, which includes rates and charges for monthly fees and/or minimum charges, taxes and other surcharges. You are responsible for preventing unauthorized use of your services, and you are responsible for payment of any such unauthorized use. Your responsibility for payment is not affected by any use or misuse of your service by any third parties. In particular and without limitation, you are responsible for any and all charges incurred as a result of the use of your Online Dating Service. C. You are responsible for paying all taxes and other surcharges billed in connection with your services. Unless you can adequately document to Desire myHeart satisfaction, that you are exempt, taxes and surcharges will be assessed in the amounts that federal, provincial or local authorities require Desire myHEART Inc. to bill you.
For Albert, and or any where DMYH are able to conduct their Services: Your Rights Under the Consumer Protection Act 2002 You may cancel this Agreement at any time during the period that ends ten (10) days after the day you receive a written or email copy of the Agreement. You do not need to give the Agency a reason for cancelling during this 10-day period. If the Agency does not make appointment to set up your profiling and preference within thirty (30) days after the membership date specified in this Agreement or if the Agency does not begin performance of his, her or its obligations within thirty (30) days after the commencement date specified in this Agreement, you may cancel this Agreement at any time before Service or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept services or authorize commencement of performance. If the delivery date or commencement date is not specified in this Agreement and the Agency does will not provide service or commence performance within 30 days after the date this Agreement is entered into, you may cancel this Agreement at any time before services or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept service or authorize commencement of performance. In addition, there are other grounds that allow you to cancel this Agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this Agreement, you must give notice of cancellation to the Agency, at the address set out in the Agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the Agreement, use any address of the Agency that is on record with the provincial government or the Government of Canada or is known by you. If you cancel this Agreement, the Agency has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance). However, if you cancel this Agreement after having solicited the goods or services from the Agency and having requested that service be made or performance be commenced within ten (10) days after the date this Agreement is entered into, the supplier is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this Agreement was entered into and the date on which you gave notice of cancellation to the Agency, except goods that can be repossessed by or returned to the Agency. For Alberta, British Columbia, Manitoba, Quebec, New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island, and Saskatchewan.
MEMBER’S RIGHT TO CANCEL
You may cancel this contract from the day you enter the contract until 10 days after you receive a copy of this statement of cancellation rights. You do not need a reason to cancel. If you do not receive the goods or services within thirty (30) days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept Match, or events after thirty (30) days. There are other grounds for extended cancellation. For more information, you may contact your provincial/territorial consumer affairs office. If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then terminate your membership. To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax, or by personal delivery
PLEASE NOTE: If you decide to cancel your service with Desire myHEART Inc., you should make arrangements to do so right away. Failure to do so could result in continuation of your membership services.
DMYH Service is comprised of traditional dating and online visual communication via only visual camera (accompanied by certain related services such as electronic mailboxes and Web space) and certain basic telephone assistance. The Guide sets forth in more detail the various service offerings and features available under the dersiremyHEART online and face to face dating Services. DMYH Alberta, Canada may extend from time to time certain promotional offerings and Customer understands it must sign a promotion addendum to this Agreement in order to be eligible for such promotional offerings Service will generally be completed by Customer’s own interest and completion of certain conditions, including the appropriate events. Any service provided to the member in connection with the Online Dating Service may have been previously profiled but will have been certified by the Agency as being match to the members’ preference to the match chosen by the member, and will be deemed accepted by the client.
Desire myHEART may change the rates, charges, terms and conditions of your service every thirty (30) days with thirty (30) days advance notice, as set forth in this Agreement and as posted on www.mydesiremyheart.com or communicated via bill message or bill insert. Desire myHEART also reserves the right to discontinue certain services. Any such changes will be posted on Desire myHEART website or communicated via bill message or bill insert prior to the effective date of the change, and any such future changes are hereby incorporated by reference into this Agreement. Desire myHEART may decrease the rates and charges for its services without any advance notice. Any increase in the rates and charges for your service will become effective only after Desire myHEART notifies you thirty (30) days in advance of the change in a manner described above. Desire myHEART will not provide you with advance notice of changes to taxes and surcharges, except as required by applicable law. B. If you continue to subscribe to, use or pay for Desire myHEART services after any changes in the rates, charges, terms and conditions of services, you agree to such changes by such use, as allowed by law.
CREDIT AND DEPOSIT INFORMATION
You give Desire myHEART Inc. permission to obtain your credit information from consumer credit reporting agencies at any time for the purposes of verifying your identity and to obtain any credit or other information required to confirm your identity and credit acceptability so that Desire myHEART Inc. may provide you with access to creating an online dating profile for your services. If your payment history is not acceptable or is unknown or indeterminable to Desire myHEART Inc., Desire myHEART Inc. may require you to provide some form of security to obtain its services. Security may be provided in the form of an Automatic Bill Payment (ABP), where a customer provides Desire myHEART Inc. written authorization to PayPal account for charges incurred. Other forms of security may be accepted at Desire myHEART Inc. sole discretion. Desire myHEART Inc. determines security requirements based on the following criteria: New Applicants – If an applicant cannot provide evidence of a recent, satisfactory payment history with a telephone utility under the applicant’s name, or a credit review reasonably determines that applicant represents a credit risk, a form of security may be required. Existing Customers – An existing customer may be required to secure their account if they have been delinquent in payment of their account more than twice within a twelve month period or have been suspended or terminated for non-payment once within a twelve month period.
Desire myHEART Inc. determines the design and the format of the bill. We will also determine the billing period. We may change both the format and the billing period from time to time and without notice to you. All charges, fees, taxes, and surcharges are billed in advance meaning that these charges for services will normally be collected in advance of the of the billing period. When you initially subscribe for your service, Desire myHEART Inc. will charge then for the first month of service(s) and make any necessary adjustment on the first or subsequent invoice, prorating the monthly recurring charges based on the actual membership date. We will bill on a month to month, and events match service charges at the point of services. B. You must notify Desire myHEART Inc. of any change in your invoicing address, or if applicable, in the credit card or PayPal account used for payment, by calling or writing to Desire myHEART Inc. Customer Service. Please include your account number with any correspondence. C. Desire myHEART Inc. Billing adjustments policy: If it is determined that you were overcharged for services, appropriate credits shall be posted to your account. These credits are not redeemable for cash. If it is determined that you were undercharged for services, or that we failed to bill for service, you may be back-billed for the amount that was under billed. Service may be cancelled if you fail to pay charges arising from the under billing. D. Complaint and dispute resolution: If you have questions or concerns about your bill from Desire myHEART Inc., please call Desire myHEART Customer Service. DesiremyHEART Inc. will not cancel your service for failure to pay any disputed charges until we determine that the charges are accurate. However, you are obligated to pay any undisputed portion of your bill in a timely manner and normal collection policies will apply to any undisputed amounts.
TERM AND CANCELLATION OF SERVICE
You may cancel any or all services provided by Desire myHEART Inc. by contacting Desire myHEART Customer Service verbally or in writing at any time. Desire myHEART Inc will hold you responsible for payment of all charges, including fixed fees, surcharges and other charges, which accrue up to the cancellation date, in addition to applicable termination charges. As stated in Section 7A, monthly recurring charges are charged in full as of the first day of a billing cycle and will not be pro-rated if service is disconnected prior to the end of that billing period. Additionally, you will be responsible for any usage-based charges and any applicable termination penalties. B. Upon five (5) days written notice to you, Desire myHEART Inc. may terminate your service for: (i) non-payment of undisputed charges, including late fees and other charges; (ii) noncompliance with or violation of any provincial, municipal, or federal law, ordinance or regulation pertaining to Desire myHEART service; or (iii) non-compliance with or violation of the terms and conditions of this Agreement. (iv). Since you would have paid for the Services you are terminating in advance up to the next billing cycle date, no credit or refund will be payable in respect of such terminated Services and you will remain responsible to pay any charges due and payable as of the date of termination. C. Desire myHEART reserves the right to discontinue service, without prior notice, when necessitated by conditions beyond its control.
DISCONTINUANCE OF SERVICE BY Desire myHEART.com Inc.
Desire myHEART.com Inc. may refuse or discontinue your Service without prior notice: (i) in the event you, or any authorized or unauthorized users, use the Service in such a manner as to adversely affect Desire myHEART.com Inc. services to others; (ii) in the event of tampering with the services of Desire myHEART.com Inc.; (iii) in the event of fraudulent use of service (Desire myHEART.com Inc. may, before restoring service discontinued for fraudulent use, require Customer to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use) and (iv) by reason of an order or decision of a court or other government authority having jurisdiction that prohibits Desire myHEART Inc. from furnishing such services.
14. DISPUTE RESOLUTION
PLEASE READ THIS SECTION OF THE AGREEMENT CAREFULLY, AS IT PROVIDES FOR THE RESOLUTION OF MOST DISPUTES THROUGH BINDING ARBITRATION. YOU WILL CONTINUE TO HAVE CERTAIN RIGHTS TO SEEK RELIEF FROM AN APPROPRIATE GOVERNMENTAL REGULATORY AGENCY. All disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. [the Simplified Arbitration Rules of the ADR Institute of Canada, Inc.] The place of arbitration shall be in the province in which the service resides. The language of the arbitration shall be English.
A. Assignment and Transfer: You may not change any term of this Agreement. You may not transfer or assign this Agreement or the use of Desire myHEART Inc. service without the express written consent of Desire myHEART Inc. All terms and conditions of service in this Agreement, as well as all rates and charges, will apply to all such permitted assignees or transferees. Such transfer or assignment, when permitted, shall only apply where there is no interruption of the use or location of the service. Desire myHEART Inc reserves the right, subject to any applicable law or regulation, to assign all or part of its rights and duties under this Agreement without notifying you. Upon such an assignment, Desire myHEART Inc. will have no further obligations to you. B. Governing Law: This Agreement is governed by the law of the province in which the service resides, without regard to its choice of law rules, except that the arbitration provisions of Section XII of this Agreement are governed by the National Arbitration Rules. C. Entire Agreement: Your Agreement with Desire myHEART Inc. consists of this Customer Service Agreement, information contained on Desire myHEART Inc. website, and the current terms of any optional membership, promotion, and/or authorized written communication you have received from Desire myHEART Inc... Your Agreement with Desire myHEART Inc. constitutes the entire Agreement between Desire myHEART Inc. and you and supersedes all prior agreements, representations, and understandings. This Agreement can only be amended by Desire myHEART Inc., as provided in this Agreement. No written or verbal statement, advertisement, or product description will contradict, interpret, or supplement this Agreement. D. Separate-ability: Each provision of this Agreement applies to the fullest extent permitted by applicable law. If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable. E. Notices: All notices required or permitted by this Agreement will be provided as follows. Notices from Desire myHEART Inc. to you will be sent to your last known address as reflected in the agency records of Desire myHEART Inc., and provided by one of the following methods: (i) by Canadian Post, postage prepaid; (ii) by a notation on, or an insert with, your billing invoice; or (iii) with your prior consent, by email. Notices from you to Desire myHEART Inc. that are required to be in writing shall be mailed to Desire myHEART Inc. Customer Service. Written notifications shall be deemed given: (i) three (3) business days after deposit of the notice in the Canadian Post, postage prepaid; or (ii) on the same business day, if sent to you by email. F. Authority: By enrolling in, using, or paying for Desire myHEART Inc. services, you acknowledge, represent and warrant that you have the requisite authority to enter into this Agreement and to bind yourself to the terms contained herein. G. Discrimination: Desire myHEART Inc. services are provided without discrimination as to a Customer’s race, color, sex, nationality, religion, marital status, income level, source of income, or from unreasonable discrimination on the basis of geographic location.
16. CONTACT INFORMATION
Customer Care Numbers: For General Inquires and support Phone: 403-462-6872 you can write us at 134 Auburn Sound View SE; Calgary, Alberta T3M 0E1 or email Desire myHEART Web Site: firstname.lastname@example.org