Date Mua Inc. Terms and Conditions for Use of Application
This agreement constitutes a legal agreement between Ji Partners/preferred date locations (hereinafter “Partners”) and Data Mua Inc. (hereinafter “Date Mua”), and between Ji Users (hereinafter “Users”) with respect to the access and use (terms and conditions) of the Ji application on iOS and Android (the “Application”) owned and operated by the Canadian company Data Mua Inc.
By using the application, you declare to have read, to understand and to accept to be bound by these general terms and conditions of use (this “Agreement”). You expressly undertake to comply with this Agreement and any changes thereto (as set out below). IF YOU DO NOT ACCEPT THESE TERMS, PLEASE STOP USING THE APPLICATION IMMEDIATELY.
Data Mua reserves the right, at its entire discretion, to update, modify, add or delete provisions of this Agreement at any time without further notice. In the event, Data Mua will publish on this page the changes to this Agreement and indicate at the bottom of this page the date on which the Agreement was revised.
2. KEY DEFINITIONS
- “Consumer” means any user who accesses or uses the Application
- “Partner” and/or “Preferred Location” means any individual or legal person defined as a suggested merchant, eligible under this Agreement, who is registered on the Application and that uses the services of the application and owns and operates an account on the Application. Each Partner and/or Preferred Location is represented by one (or many) user(s), legal person(s) authorized by the partner to operate through their account of the Application.
Data Mua’s mission is to act as an intermediary platform that connects local date venues and Ji users (Consumers) in their vicinity. Thanks to the Application, preferred vendors (or partners) can promote their location, increase their visibility and reach customers nearby.
It is agreed that Date Mua is a third party to the relationship between Partners and Consumer(s) and does not have any obligation regarding the servicing by the latter with respect to the purchase by the Consumers of Partners’ products.
4. ELIGIBILITY – BECOME A DATE MUA PARTNER
To register and benefit from Ji, each partner must register with Ji, providing their true personal data, essential for an account creation and functioning of the service (including name, address, e-mail, telephone number) as well as the business information (name, address of the business, telephone number, website, hours of operation, logo). By using the Application, you represent and warrant expressly that you:
(a) Have the legal right from your business to enter and conclude this Agreement.
(b) Are a company that operates a business suitable for dates and that is legally entitled to work in Canada (Or the Country in which Date Mua is intending to do said business) in accordance with relevant provincial/state/territorial laws, regulations and practices.
(c) Hold and keep valid the permits required to operate your company.
(d) Provide the accurate and complete information requested by the Application and/or Date Mua.
(e) Maintain accurate and up to date at all-time your personal information declared to the Application and/or Date Mua.
(f) Use the Application under your own identity, without using another person’s identity.
(g) Enforcing at all times applicable regulations, in particular with respect to hygiene, food safety and fire safety.
The Partner agrees to ensure that the declarations set out in this section remain true. Should the Partners’s situation change, the Partner must notify Date Mua in writing without delay.
- The Partner (Owner) guarantees having the necessary authorizations to offer and sell the food and/or activity promoted on the Application;
- The Partner (Owner) guarantees that the food and/or activity promoted on the Application are properly meeting safety regulations and all standards that are require and applicable at law;
Furthermore, if the Partner’s reputation is compromised or if complaints are made by Consumers regarding the Partner’s products or services, the safety of its products or place of business, or the quality of its service(s), Date Mua reserves the right to deactivate the Partners account immediately and without notice, in accordance with this Agreement.
5. INTELLECTUAL PROPERTY RIGHTS
However, each Partner remains at all times the owner of its name, logo, texts, illustrations, photos, images or any other content that is published on the Application. The Partner grants Date Mua a free, perpetual, irrevocable and non- exclusive license to use, publish, edit, translate, distribute, execute and post any content, and to use the Vendor’s intellectual property (logo, product images, product or service descriptions) to promote and market its Application or to promote the Partner within the application.
Date Mua will request the Partner’s written consent to engage in any other promotion, distribution or marketing outside of the Application. Date Mua respects the copyright law and expects each of its Partners to do the same. It is Date Mua’s policy to terminate, if the circumstances so require, the accounts of any Partner or Consumer who infringes or is suspected of infringing copyright. Furthermore, Date Mua reserves the right to take legal action against any Partner or Customer/User for any damages caused in the event of such an infringement.
6. CONFIDENTIAL INFORMATION OF USERS
The Partner may have access to the telephone numbers of consumers who have made reservations either by using the Application or on their own. The Partner undertakes to contact consumers via telephone or text messaging only when following up on a reservation. The Partner cannot use this confidential information for any other purposes than to confirm a reservation or to follow up on their services.
7. NETWORK SECURITY AND EFFICIENCY OF THE APPLICATION
Date Mua is cautious regarding the respect of the security and privacy of its Partners and Users.
Security Breach Reporting
Date Mua has implemented security measure to protect the Application against the loss, misuse, or fraudulent use of your personal information. However, if you notice any unauthorized use of your account, password or any other breach of security, you must notify Date Mua immediately.
Username and Password
Every Partner and User is responsible for the confidentiality of their password and account. To ensure optimum safety, Date Mua at its sole discretion may ask you to change your password without necessarily providing you with a reason. Date Mua cannot be held responsible for any unauthorized use of your (or any) account.
Should the confidentiality of said information be compromised, please inform Date Mua as soon as possible to ensure that your identity is not used for fraudulent purposes.
Monitoring and partial control of the Application’s content
By becoming a Partner on the Application, you acknowledge and agree that Date Mua can view all content transmitted through the Application for reasons of safety and good management. Furthermore, you acknowledge and agree that Date Mua at its sole discretion and without prior warning is entitled to:
The Application might suffer the occasional breakdown, and programming errors might be caused by updates or other events beyond the control of administrators. Neither any officer, executive, employee, agent, representative or mandatary, nor any Member of Date Mua, can be held responsible if a Partner or a User is unable to browse on the Application, whatever the reason preventing the Partner or User from doing so (misunderstanding, faulty phone line, incompatible modem, broken cable, improper configuration, incorrect browser, etc.)
8. EXTERNAL LINKS AND PARTNER PROMOTIONS
The application may contain links to its Partners websites (“External Links”) and to content belonging to third parties or originating from External Links. Date Mua has no means of controlling these External Links and their content is neither responsible for, nor guarantees the availability of these External Links. Date Mua does not endorse or approve the content to which the External Links provide access and excludes all liability and warranty with respect to this content. Access to these External Links from the Application is at the consumer’s own risk and is under the Partner’s entire responsibility.
9. TERMS OF PAYMENT
During the launch campaign, user access to the Application is free. Date Mua romotes the use of a third party..
10. PURCHASE POLICY AND LIMITATION OF LIABILITY
By becoming a User, you accept that there is no refund or exchange possible by Date Mua when using this service.
All payments to the Partners are non-refundable as between the Partners and Users.
AT NO TIME CAN DATE MUA, ITS OFFICERS, EXECUTIVES, EMOPLYEES, AGENTS, REPRESENTATIVES OR MANDATARIES BE HELD RESPONSBILE FOR ANY CLAIM OR DAMAGE DIRECTLY OR INDIRECTLY RESULTING FROM THE USE OF THE APP, THE SERVICES PROVIDED BY THE APP, THE PRODUCTS AND/SERVICES ACQUIRED ON THE APP, THE INFORMATION CONTAINED ON THE APP OR THE INTERPRETATION OF THIS AGREEMENT. AT NO TIME CAN DATE MUA GUARANTEE THE OUTCOME OF A DATE OR MAKE ASSERTIONS OR PROMISES AS TO A PARTNER’S VISIBILITY OR THE AMOUNT OF TRAFFIC THE PARTNER RECEIVES.
11. PERSONAL INFORMATION
12. COMMUNICATION WITH MEMBER
By registering as a Partner of the Application, you authorize Date Mua to contact you by email and telephone. You agree that Date Mua may communicate to you any relevant information regarding the use of its services, new products and services, special offers and other matters. You can unsubscribe from the Date Mua mailing list at any time.
However, as long as you are a Partner of the Application, Date Mua may send you information related to the use of its services. To stop receiving this information you may delete your account in accordance with the required conditions.
13. GOVERNING SPECIAL OFFERS AND SERVICES
The Partner is responsible for including all useful and essential such as safety or allergy-related information for sold services and or products, such as the presence of activity risks or that of gluten or nuts. The Partner must ensure that Users receive adequate information when visiting their venues. The Partner must ensure that it has in stock the products they otherwise advertise and/or the services they otherwise offer. The Partner must ensure at all times that its offerings are correct and corresponds to what is posted on the application and be willing to compensate a consumer in the event of an inventory or services shortage.
The Partner must ensure that it honors any discounts offered to its consumers. Date Mua is not responsible and cannot be held liable for any damages caused by the Date Mua as a result of inventory shortages and/or the Partners inability to sell a product and/or service that was offered through the Application.
14. OBLIGATIONS OF THE PARTNER
By using this Application, you guarantee that:
- You are a company that operates a business suitable for dating and that is legally entitled to work in Canada (or the Country in question) in accordance with relevant provincial/state/territorial laws, regulations and practices at the time of your subscription;
- Maintain accurate and up to date information at all times your personal information declared to the Application and/or Date Mua;
- You use Ji legally, responsibly and in good faith;
- You do not allow anyone else to access your account;
- You use Ji for your own benefit, without selling, renting, lending, assigning, delivering part of the Service without prior written approval of Date Mua;
- You are responsible for all acts performed under your account and this agreement;
- You will provide Date Mua with all proof judged necessary by Date Mua to prove your identity;
- You are aware that the use of the Application via a cellular device may result in charges from your cellular service provider;
- By using the Application and Service, you guarantee that you respect all laws and international and national regulations, including the federal, provincial, and municipal regulations, and that you personally assume all risks of use of the Site and the Application, and completely disengage Date Mua, its officers, employees, partners and affiliated companies from any liability in connection with the use of the Service;
- You acknowledge that Date Mua performs no research about the solvency of its members, their legal status or their ability to follow through on their commitments;
- Your release Date Mua specifically against any liability for property titles, the commercial value and relevance of a display, as well as infringement of any third party rights.
15. SUSPENSION OF YOUR ACCOUNT
Date Mua reserves the right to suspend, permanently, immediately, and without notice, any account that fails to comply with these terms and conditions of use.
If you believe that your account was suspended without just cause, you may contact Date Mua/the Ji team.
Accounts created to replace suspended ones will also be permanently suspended.
16. APPLICABLE LAW
The Agreement is governed by the laws applicable in the province/state in which you operate and/or use the Application. You hereby acknowledge that any dispute arising from or related to the use of the services, the Application, or this Agreement will be subject to the jurisdiction of the courts of the district in which you set your location.
17. GENERAL PROVISION
All Rights Reserved © 2017 Date Mua Inc.