Terms & Conditions
These Terms and Conditions constitute the agreement between you and Khadijah EliteTM Matrimony Inc. ("the Company") in respect of your use of the service and the Website (the "Agreement").
This website is operated by the Company, which is a Canadian registered company. You can contact us on any of the following methods: Online support form: Contact Us Email: firstname.lastname@example.org Post: Khadijah EliteTM Matrimony Inc., 1335 Carling Avenue, Suite 320, Ottawa, Ontario, K1Z 8N8. Khadijah EliteTM Matrimony Inc. utilizes third party ID verification services to ensure member authenticity. You will be required to scan your government issued ID document with your smartphone or webcam. We use cutting edge technologies to get the best possible image quality. Data is automatically extracted from identity documents to definitively assess their authenticity. We comply with growing regulations & directives including KYC, AML, CCPA and GDPR. All data is transmitted and stored with strong AES 256-bit encryption and is PCI-DSS Level 1 compliant.
You must be 18 years or over to register as a member of the Service or to use this Website. By using the Website, you represent, undertake and warrant that you have the right, authority and capacity to enter into this Agreement and to comply with all of the Terms and Conditions.
By registering as a member, you enter into a contract with the Company in respect of the Website that may or may not be free of charge. You may change the features of your membership. You will be required to select certain features and terms of your contract and choose a payment method. By clicking on the “Update Membership” button in the final step of the process, you enter into a binding contract regarding the chosen upgrade option at the given price.
As a member, you have an option to undergo ID Verification. If you choose to verify your ID at time of registration, you must have a valid country ID in your possession (Passport, Driver’s Licence, National ID Card etc.) and have access to a webcam or phone camera for ID Verification. If you decide to bypass the ID Verification at time of initial enrolment, you still have access to our full system and can verify your ID at a later time if you wish. Verifying you ID distinguishes you from other members by a Verified ID emblem Symbol next to your Profile. This ensures that other members recognize which members have gone through this Authenticating process. If you choose to Verify your ID and fail, the system will prompt you two more times to Verify your ID again. If all three attempts result in a fail, then you will be denied access to our Services and your fees will not be reimbursed. (b) You acknowledge and agree that in order to protect the users of this site, you may not apply for or become a member if you have been convicted of an indictable offence or a felony. By applying for membership you warrant and represent to us that you have not been convicted of a criminal offence for which you have not received a pardon from the applicable governmental authority nor are you required to register as a sex offender with any government authority. (c) You acknowledge that although we conduct a preliminary ID verification on all paying members the Company currently does not undertake recurring background checks, verify information provided or conduct criminal screenings of its users. We reserve the right to conduct investigations and background checks on all members, to confirm you are not in breach of any warranty and to determine whether any representation is false. You consent to allowing the Company to conduct such investigation and the Company reserves the right to refuse and/or terminate your membership if you breach any warranty of or your representation proves to be false.
Subscription plans and their corresponding fees can be found on the “Join” page. These subscription fees are subject to change, which changes will be posted on the page of the Website previously described. You acknowledge that there may be discrepancies in relation to subscription fees between jurisdictions, which discrepancies are reflective of costs applicable to a particular jurisdiction and other commercial conditions relevant to that jurisdiction.
Any free trial or other promotion that provides free access to the Paid Services must be used within the specified time of the trial.
(a) While certain Services are available free of charge, you acknowledge that the Paid Services are available only to Members with a valid subscription or otherwise on payment of a fee. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on the Join page and the Update Membership page. Prices are stated in the currency shown on the Join page and the Update Membership page. Canadian member residents will be charged the applicable taxes for their respective province of residence. (b) Your membership will be automatically renewed. The subscription will be auto-renewed for the periods stated. (c) In the event that we provide a recurring billing facility for the payment of subscription fees applicable to the subscription plan you select, you hereby authorize the Company to charge those fees on a recurring basis (within a reasonable time period). If you choose to not have your fees charged on a recurring basis, we require a written notice stating that such authorization has been terminated. Upon receipt of your written notice, the Company will cease charging fees. Any such notice shall not affect charges made before the Company could reasonably act. In any event, you must provide current, complete and accurate information to enable subscription fees to be charged correctly, which information must be updated regularly. (d) We may at any time change our price for a subscription. The new rate takes effect if you apply for a new subscription (whether or not it is your first subscription) after we have posted the details of our new price on the Site. Auto-renewals of existing subscription will reflect the then-current price for that service. (e) In the event of suspicious payment activity, we reserve the right to temporarily or permanently suspend payment via your credit card and/or contact you, your bank or any other relevant third party to report such unusual activity and/or obtain additional information.
When using third party payment services, you must accept and abide by the Terms and Conditions of those payment services.
When using third party ID Verification services, you must accept and abide by the Terms and Conditions of those payment services. https://www.jumio.com/legal-information/
As part of the member registration process, you will be required to select a password. You are solely responsible for selecting a password that is not easily guessed and for keeping your password safe, and agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must immediately notify us and you must promptly change your password by updating your account information.
We may from time to time request a form of identification to verify: (a) your identity; (b) the information provided by you; (c) your payment or billing information; and/or (d) your compliance with our Terms and Conditions.
3. The Service
The Service is an internet information service that facilitates contact between members who may or may not be seeking friendship or a relationship. It is not a marriage brokering service, mail order bride service or a matchmaking service. The Company is under no obligation to broker any other member or members for you. The Company makes no guarantee that you will successfully find a spouse through our website, rather the service offered is the access to the site services and the opportunity to make connections.
4. Use of the Service
You acknowledge that your use of the Service and the Website is solely at your own risk.
You represent, warrant and undertake that the information and photos that you supply to the Service, the Website and the Company is/are accurate in all respects, not in breach of this Agreement and not harmful to any person in any way. Without limiting the above, you must not transmit or post on our website, any images that contain: (a) images of any person other than you; (b) nudity, shirtless, without pants or shorts; (c) images of other objects that do not contain you; or (d) a cartoon or illustration (even if it is of you).
You agree that all copyright which subsists in any material or information provided by you to the Company is assigned to the Company for use within the scope of these Terms and Conditions. You will not post, transmit or otherwise provide any material or information in which the copyright is owned by another person or entity and you warrant that all material and information provided is your original work and not sourced from any third party.
You must ensure that your access to the Website and use of the Service is not illegal or prohibited by laws which apply to you. You are solely responsible for the legality of your actions under all applicable laws.
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Service, the Website or any Linked Website.
(a) You are solely responsible for the content of your profile, messages, video and audio recordings and other materials you may upload to the Service or transmit to other members of the Service. (b) You agree that you will not upload or post onto your profile or the Website any content which: (i) is abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, improper or otherwise inappropriate as determined at our sole discretion; or (ii) depicts, describes, identifies or alludes to any person other than yourself.
You are solely responsible for your interaction with other members of the Service.
You represent, warrant and covenant that: (a) you will not disclose any information provided to you through the Service to anyone without the prior permission of the person who provided it to you; (b) you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libelous, slanderous, defamatory or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and privacy rights); (c) you will not use the Service to engage in group sexual activity, or to solicit contact for the purpose of extra-marital encounters or affairs, polygamy or to solicit or engage in prostitution or any other activities that may be illegal in your country of residence; (d) you will not impersonate any person or misrepresent your age or marital status or place information in your profile that is false or misleading in any way; (e) you will not harvest or collect email addresses or other contact information of other users from the Service by electronic or other means or use the services to transmit "spam", chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail; (f) you will not use the Service or the Website for any unauthorized commercial purposes; (g) you will not solicit or attempt to solicit any money, bank account or credit card details or confidential financial information from any member or other user of the Service or the Website; (h) you will not send money or provide financial information to any person that you have communicated with or met via the Website. The Company will not be liable for any loss (financial or otherwise) suffered by you as a result of this behavior. You agree to report anyone who attempts to solicit money or obtain financial information by the "block/report" function on the member’s profile; (i) you will not solicit or attempt to solicit passwords from other members; (j) you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services; (k) you will not harass others by continuing to attempt to communicate with someone who has clearly asked you to cease communications; (l) you will not post or transmit material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of computer software or hardware; (m) you will not post or transmit in any manner any contact information including without limitation, email addresses, phone numbers, postal addresses, instant messenger IDs, Facebook usernames, URLs, or full names through your publicly posted information; (n) you will not use non-human or automated bots to login to the Service; (o) when speaking to our customer service employees on the telephone or communicating with them by any other means, you will not be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive ("Offensive Conduct"). You agree that, should you engage in Offensive Conduct, which is to be determined in our sole discretion, we will have the right to immediately terminate your membership and you will not be entitled to a refund of any subscription payments we have received from you; and (p) you are 18 years of age or older. All members of our websites are required to be 18 years of age or older. Our company has zero tolerance for any attempt by any member to engage in any form of cybersex, sexual communication, or sexual contact with any person who is underage. Upon being notified of any illegal or inappropriate communications with a minor, we may report details to the appropriate Law Enforcement Agency.
(a) The Company respects the intellectual property rights of others. If you encounter content displayed on the Website that you suspect belongs to you or a third party, and that content is being displayed in a manner which violates or appears to violate your copyright or other intellectual property right or an intellectual property right belonging to a third party, you may submit a notification by providing the following information to the Company: (i) Your contact details – including address, telephone number, and email address; (ii) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (iii) A description of the work or other intellectual property that has or is suspected to have been infringed; (iv) The name of the website where the suspected infringing material is located; (v) A description of where the suspected infringing material is located on the Website; (vi) A statement from you which: (A) outlines your good faith belief that the disputed use is not authorized by the copyright owner, the agent or the law; and (B) is made, under penalty of perjury, that the information provided in your notice is accurate and supplied in good faith and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf. Notices may be sent to Khadijah EliteTM Matrimony Inc., 1335 Carling Avenue, Suite 320, Ottawa, Ontario, K1Z 8N8.
By providing any photographs, material, information or content to the Company, you acknowledge and agree that the Company may: (a) reproduce, use, copy, perform, display, distribute and exploit the material, information or content; (b) prepare derivative works of, or incorporate into other works and other media, such material, information and content; and (c) license others the same rights granted to the Company in clause 4.12(a) and 4.12(b) above, and you consent to any and all such uses, including, without limitation, for any promotional or commercial purposes. You also warrant that you have the authority to grant the consent referred to in this clause.
This Website does not, and must not be taken to, in any way, aid, procure, promote or provide "mail order bride" marriage-matching services to its users. You acknowledge that the jurisdiction in which you reside may prohibit the advertisement of marriage-matching services or the solicitation of persons to partake in marriages. If you reside in the Philippines, Belarus or any such jurisdiction that prohibits marriage-matching services to its residents, you hereby warrant, represent and covenant that you will not use the Service or the Website for any purpose in breach of any legislation prohibiting marriage-matching. You hereby acknowledge and agree that it is your sole responsibility to ensure that you do not breach any prohibition on marriage-matching, and further hereby acknowledge and agree that the indemnity contained in clause 17 will apply to your breach of any legislation prohibiting marriage-matching.
We reserve the right to monitor all profiles, messages, chat, instant messages, videos and audio recordings to ensure that they conform to the requirements of these Terms and Conditions. To ensure that we provide the highest level of service and the safest online environment to our customers, we have engaged one or more third parties to provide online security functions for our customers. Providing this security requires the collection of certain non-personal data from your computer or other device by which you connect to our websites. You expressly acknowledge and agree to our collection, whether directly or by third-party security providers, of certain non-personal data to be used for the sole purpose of ensuring a secure and safe online environment for you. Even though no personal data is collected, we ensure that any third parties with which we contract for security services observe the highest data protection and privacy standards.
While we do not and cannot review all messages or other material posted or sent by members of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are under no obligation, to delete, move or edit messages or material (including profiles, messages, videos and audio recordings) that we, in our sole discretion, deem to breach these Terms and Conditions or to be otherwise unacceptable.
6. Restricted use
Unless we agree otherwise in writing, you are provided with access to the Website for your personal use only. Businesses, groups, organizations and companies are prohibited from registering as members. You are authorized to print a copy of any information contained on the Website for your personal use, unless printing is expressly prohibited.
7. Direct marketing
You expressly agree and consent that the Company may use and disclose Personal Data that the Company collects about you for the purpose of direct marketing.
The Company reserves the right to send electronic mail to you regarding changes or additions to the Service, or any products and services of the Company and its affiliated businesses.
Responsibility for the content of advertisements and the views of Subject Matter Experts (SME), including but not limited to, psychologists, marriage counsellors, therapists, community leaders, religious scholars etc. (if any) appearing on the Website (including hyperlinks to the advertisers’ and SMEs’ own websites) rests solely with the advertisers and SMEs. The placement of such advertisements and SMEs does not constitute a recommendation or endorsement of the advertisers’ and SMEs product or service by the Company. Each advertiser and SME is solely responsible for any representation made in connection with its advertisement and views.
10. Intellectual property ownership
The Company retains all rights, titles, and interests in the Service and the Website and the corresponding intellectual property rights and reserves all rights not expressly granted. Copyright in the Service and the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Company. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act (R.S.C., 1985, c. C-42) and similar legislation which applies in your location, and except as expressly authorized by these Terms and Conditions, you may not in any form or by any means: (a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Service or the Website; or (b) Commercialize any information, products or services obtained from any part of the Service or the Website; without our prior written permission.
Except where otherwise specified, any work or device to which is attached the ™ or ® symbol is a registered trade mark. If you use any of the trademarks owned by the Company in reference to our activities, products or services, you must include a statement attributing the trade mark to the Company. You must not use our trade marks: (a) in or as the whole or part of your own trademarks; (b) in connection with activities, products or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive; or (d) in a manner that disparages us or our information, products or services (including without limitation, the Service and the Website).
11. Linked websites
The Website may contain links to other websites ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites.
13. Sale of Website or Services
You agree and expressly consent that, if the Company sells the Website, the Services or its business (or any part thereof) or there is a change in control of the Company, the Company may disclose, assign or otherwise transfer Personal Data, Special Category Personal Data and any other information you transmit on the Website or Services (including photographs and your public profile) to the purchaser or new controlling entity or individual, for the purposes of providing the Services and direct marketing to you. You acknowledge and expressly agree that the new purchaser or new controlling entity or individual may be located in a country other than your country of residence, and you consent to the transfer of Personal Data to countries other than your country of residence.
14. Disclaimers and Limitation of Liability
We do not make any representations or warranties that the material or information provided through the Service or on the Website (including any member profile, advice, opinion, statement or other information displayed, uploaded or distributed by the Company or any member or any other person or entity) is reliable, accurate or complete or that your access to the Service or the Website will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided through the Service or on the Website. You should make your own enquiries before acting or relying on any information or material which appears on the Website. You acknowledge that any reliance upon any such material or information shall be at your own risk.
We do not warrant that the Service or the Website will be uninterrupted or error-free. The Service is distributed on an "as is" basis. There may be delays, omissions, and interruptions in the availability of the Service or the Website. Where permitted by law, you acknowledge that the Service (and the availability of the Website) is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
To the extent permitted by law any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to Services: (i) the supply of the Services again; or (ii) the payment of the cost of having the services supplied again.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service, the Website or any Linked Websites, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the Service or the Website. For the avoidance of doubt and without limiting the generality of the foregoing: (a) The Company does not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with your use of the Service or the Website or with any delay or inability to use the Service or the Website, or for any information, products and other services obtained through the Service or the Website, or otherwise arising out of the use of the Website, whether based under contract, negligence or other tort, strict liability or otherwise, even if the Company has been advised of the possibility of such damage; (b) The Company does not accept any responsibility or liability for any information or material which you submit to the Service or the Website nor do we accept any responsibility for any use or misuse of any information or material which you submit to the Service or the Website by other members or users; and (c) The Company does not accept any responsibility or liability for the conduct of any member or other user of the Service, including without limitation any conduct which causes physical injury to any person.
15. Specific warnings regarding online dating
You acknowledge that there are risks involved, including without limitation, unknowingly dealing with underage persons or persons acting under a false pretense or for a criminal purpose. You agree to take all necessary precautions when communicating with or meeting with other users, especially if you decide to meet in person. In addition, you agree to review our online safety tips prior to using the service.
You acknowledge that user authentication on the internet is extremely difficult. The Company cannot and does not warrant that each member or user of the Service is who he or she claims to be. Further, although the Company takes various precautions and security measures in the verification of identification, the Company cannot and does not warrant that member profiles are reliable, accurate or complete. Accordingly, you must be careful in dealing with other members or users of the Service or the Website.
This Agreement will remain in full force and effect while you are a member of the Service or while you otherwise use the Website.
You may terminate your membership at any time, for any reason, effective immediately upon our receipt of your written notice of termination. Notice of termination may be delivered to the address contained in the Contact Us section of the Website, may be emailed to the email address listed in the Contact Us section of the Website. You will not be entitled to a refund of your membership fees as a consequence of the termination of your membership.
We may, in our absolute discretion, block, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Service by others.
We may immediately terminate your membership and your access to the Service at any time if we determine (in our absolute discretion) that you have breached this Agreement. Notice of termination will be delivered to the last email address you provide to us. Any pre-paid fees relevant to the period following termination will be refunded to you after deducting any costs incurred or loss suffered by the Company in connection with your membership. A cancellation fee of one month will be applied to the membership on cancellation.
To the extent permitted by law, you agree to indemnify, defend and hold the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax (including HST), liability and/or expense (including legal costs on a full indemnity basis) that may be incurred by the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives arising out of or in connection with: (a) any breach by you of these terms; (b) any unauthorized use of the site that can be connected or associated to you; (c) any breach by you of any law; and (d) any act or omission that you may do in connection with the site. You agree to cooperate fully in the defense of any Claim. We reserve the right (but are under no obligation) to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, provided that you shall remain liable for any such Claim.
The Company accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions shall continue in full force.
The language of this Agreement is English. Where the Company has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only. If there is any inconsistency between the English language version of this Agreement and a translation, the English language version will prevail.
We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by these Terms and Conditions as amended.
You must not assign any of your rights under this Agreement or in respect of the Service or Website to any third party. The Company has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. At the election of the Company, in the event that the Company's obligations under this Agreement are assumed by a third party, the Company shall be relieved of any and all liability under this Agreement.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Service or the Website.