This Agreement was last revised on April 16th, 2023.
DUE TO THE WAR IN UKRAIN, WEMATCHMAKE WILL PAUSE SERVICES TO RUSSIA AND ITS TERRITORIES. WEMATCHMAKE WILL CONTINUE TO ACTIVELY MONITOR THE SUITUATION CLOSLY AND WILL UPDATE OUR PRIVACY POLICY ONCE THE SUITUATIOIN CHANGES IN UKRAIN.This is a legal agreement ("Agreement") between you and Wematchmake.com, Nextcom Data Processing Ltd., a Nigerian Company ("Wematchmake.com" , "Wematchmake", “us”, “our”, or “we”), This Agreement applies to the access and use of the Wematchmake website, Wematchmake.com, including each website’s mobile and online versions (each, a “Website” or the “Websites”) and to the download and use of any of our applications (including iOS and Android applications) (the ” Applications”), and registration to or use of any of the services provided by us through the aforementioned platforms (collectively, with the Websites and Applications, each, a “Service” or the “Services”). By using any of the Services, you agree to, and are bound by, these terms and conditions of service of this Agreement (including the Privacy Policy ) for as long as you continue to use the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services and which are incorporated into and form part of this Agreement.
The Wematchmake Services consist of the following, without limitation: a Service for single people seeking romantic relationships (the “Singles Service”). Wematchmake may offer new services at its discretion, and this Agreement will apply to all additional services. Wematchmake also reserves the right to cease offering any of the Services.
This Agreement is subject to change by Wematchmake in its sole discretion at any time. We will notify you of any such changes by posting an updated version of the Agreement on this page. Your continued use of the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions.
1. Eligibility a. Minimum Age. You must be at least 18 years old to register for the Services. By using the Singles Service, you represent and warrant that you are at least 18 years old.
b. Marital Status. By registering to use or using the Singles Service, you represent and warrant that you are single or (if legally married) separated. If you are married and not separated, you may not register to use or use the Singles Service.
c. Criminal History. By requesting to use, registering to use, and/or using the Singles Service, you represent and warrant that you have never been convicted of a felony (or other indictable offense) and/or are not required to register as a sex offender with any government entity. Wematchmake DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, to the extent permissible by applicable law, Wematchmake reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK IF IT IS LEGALLY PERMISSIBLE IN YOUR JURISDICTION.
d. Meeting Matching System Criteria. The Singles Service requires your completion of the questioners for Wematchmake to find partners matches for you. Wematchmake will not be able to provide matches to users who have not completed the questioners.
2. Use of the Services: As a user of any of the Services (a "Registered User"), you agree to the following:
a. Free Membership. It is free to register for the Singles Service, which may be used by you at no cost (“Free Membership”). Once you have registered by providing preliminary information (including email address and password), you will be asked to answer some questioners which has been structured to help match your profile to other profile matches. Please note that, as a free member, you will only be able to view blurred versions of your matches' profile photos. However, you may be able to see an unblurred version of your matches' primary profile photos in some instances, at our discretion. As a Free member, you will then be able to send likes and (system questions when available) to other members; however, you will only have a limited ability read personalized messages sent by paid members. Please note that we may limit the number of predefined communications that you can send if required to protect our members and to secure our Service as further set out in this Agreement.
PAYMENT
b. Paid Membership. The Singles Service includes a membership option that offers features not available under a Free Membership, for which you will need to purchase a subscription (“Paid Membership”). If you purchase a Paid Membership, you will regularly receive updated matches from eharmony in your online profile and via email. These matches will be continuously updated to include new members who have been added to our database since you became a Paid member. As a Paid member, you will be able to see unblurred match photos (primary and any additional photos), contact and initiate communication with matches (including video chat,audio chat), conduct searches for matches based on specific criteria (e.g., distance) and respond to matches’ communications without restriction (including video chat), Also buy and send gifts to other members. Please note that we may still limit the number of communications that you can send if required to protect our members and to secure our Service as further set out in this Agreement.
c. Subscription. To become a Paid member, you will be required to pay a subscription fee. All prices listed by us on the Service are offered in the displayed currency and exclude applicable taxes and duties. Wematchmake currently offer Monthly Paid Memberships. When purchasing a Paid Membership, you will be asked to supply certain payment information, including credit card, debit card, bank payment details or PayPal account number. You agree that all information that you provide to us will be accurate, complete and current. You agree to pay all valid charges incurred by you or any other user of your account (including all installment payments and/or fees, if applicable) and/or any fees for the use of a credit or debit card or other payment mechanism, including any applicable taxes and processing charges, if any, relating to your subscriptions. If any problems arise with the credit or debit card associated with your subscription (for example, the payment method cannot be verified, is invalid or is otherwise not acceptable) that cannot be resolved by contacting the card issuer, we will notify you via email using the email address associated with your account requesting that you resolve the problem, and may suspend or terminate your subscription. By subscribing, you authorize us and our payment processors to store your payment details and all other relevant information in connection with the processing of payments. You may select to purchase a plan in one upfront payment or in installments, if applicable. You agree and authorize us to charge you applicable sales or other related taxes to which your subscription may be subject and which may vary from time to time.
d. Virtual Currency, Gifts and Virtual Products. Please see our Virtual Goods and Currency Terms of Use belowfor additional terms applicable to the purchase and use of virtual currency and virtual products offered by us. Typically, our virtual currency may be used to purchase certain features or virtual goods in connection with our Services. Any virtual currency you receive as a promotion from us will be subject to the terms of our Virtual Goods and Currency Terms of Use
e. Access to Services and subscription using Non-Wematchmake Services. You may download an Wematchmake Application and purchase a Paid Membership using your Apple ID or Google account (each, a “Non-Wematchmake Service”) and use the Application on your iPhone or Android mobile device. Any subscriptions purchased through a Non-Wematchmake Service will be charged by the Non-Wematchmake Service and will be subject to the terms of your selected Paid Membership and the applicable terms of service of the Non-Wematchmake Service. Paid Memberships purchased through the Non-Wematchmake Services are subject to the payment terms agreed upon by you upon subscription. To cancel auto-renewal or terminate a Paid Membership purchased through a Non-Wematchmake Service, you must access your Non-Wematchmake Service account and follow the prompts and instructions for cancellation on the applicable service or contact the applicable service directly. If you are eligible for a refund for a payment processed by a Non-Wematchmake Service, such refund must be processed by Apple or Google, depending on the service used. However, please note that purchasing a Paid Membership using your Google account is not yet available on our Applications but may be added in the coming months.
f. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity, except if previously agreed to by us. You acknowledge that Wematchmake is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
g. Geographical Uses. The Services are intended for use worldwide. However Wematchmake reserves the right to not provide or stop providing the Services in any jurisdiction at any time in its sole discretion. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, Nigeria's export control laws. You are responsible for determining whether the use of the Services is legal in your jurisdiction.
h. Information Submitted. To the extent permitted by law, you are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Services; and (iii) your interactions with other Registered Users through the Services. You warrant and represent that all information provided to Wematchmake through our Services or otherwise will be truthful, accurate, and complete, and will be submitted only for lawful purposes. Details of how Wematchmake may use information you provide or post which is personal to you are set out in our Privacy Policy.
i. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Singles Service. In addition, you agree to review and follow the recommendations set forth in Wematchmake's Safety Tips which is available at the bottom of our website page of the Singles Service.
j. No Guarantees. Wematchmake may not be able to provide matches for everyone seeking to use its services. Further, Wematchmake makes no guarantees as to the number or frequency of matches through the Singles Service, or to such matches' ability, desire or criteria to communicate with any user. You understand that Wematchmake makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Singles Service or as to the conduct of such individuals.
k. Reporting of Violations. You will promptly report to Wematchmake any violation of the Agreement by others, including but not limited to, Registered Users.
l. Content Removal. Wematchmake reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Wematchmake will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the reasonable request of any third party. Wematchmake further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have a quality experience on the Services.
m. Posting and Communication Restrictions. You will not post, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on or through the Services, that: i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. is intended to or tends to abuse, harass, threaten or intimidate any other users of the Services; iii. is defamatory, intentionally inaccurate, abusive, obscene, profane, offensive, sexually charged, obscene or otherwise objectionable or unlawful; iv. infringes the intellectual property right of Wematchmake or any third party including copyright in and to content (e.g., music, movies, videos, photographs, images, software, literary works, etc.); v. contains video, audio photographs, or images of another person; vi. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, steal someone else’s identity, create or disseminate computer viruses, or circumvent copy-protect devices; vii. is false or misrepresentative or otherwise intended to defraud, swindle or deceive other users of the Services; viii. contains viruses, ransomware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; ix. promotes or solicits involvement in or support of a political platform, religion, cult, or sect; x. disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes; xi. is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Services; xii. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity; xiii. solicits gambling or engages in any gambling or similar activity; xix. uses scripts, bots or other automated technology to access the Services; xv. uses the Services for chain letter, junk mail or spam e-mails; xvi. collects or solicits personal information about anyone under 18; or xvii. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
m2. No False Information. You will not provide inaccurate, misleading or false information to Wematchmake or to any other user. If information provided to Wematchmake or another user subsequently becomes inaccurate, misleading or false, you will promptly notify eharmony of such change.
n. No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services on or through the Services. You may not transmit any chain letters, junk or spam e-mail to other users or other unsolicited commercial messages. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Wematchmake. To the extent permissible under applicable law, as a reasonable estimation of such harm, you agree to pay Wematchmake N20,000 for each such unsolicited communication you send through the Services.
o. Unique and Bona Fide Profile. As a Registered User of the Singles Service, you will create only one unique profile. In addition, your use of the Singles Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Singles Service (for example, you may not become a Registered User solely to compile a report of compatible singles in your area, or to write a school research paper). Not all registered users are available for matching. From time to time, Wematchmake may create test profiles in order to monitor the operation of the Services.
p. No Harassment of Wematchmake Employees or Agents. You will not harass, annoy, intimidate or threaten any Wematchmake employees or agents engaged in providing any portion of the Services to you.
q. Social Media. We may provide you the option to connect your eharmony account to your account on some social networking websites (such as via Continue with Facebook) for the purpose of logging in, uploading information or enabling certain features on the Service. When enabling this feature, we will disclose to you the information we collect from the connected social networking website, and will use such information in compliance with our Privacy Policy. By connecting your Wematchmake account to your account on any social networking website, you hereby consent to the continuous release of information about you to Wematchmake. We will not send any of your Wematchmake account information to the connected social networking website without first disclosing that to you. Each social network may further allow you to set privacy controls around your information on their system, and Wematchmake's collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking website involved, and therefore the available features and shared information are subject to change in accordance with the terms of this Agreement, and the terms of use of the relevant social networking site.
r. Reverse Engineering and Non-Interference. In addition to any Wematchmake information or documents containing information that constitute a “trade secret” the following will be deemed trade secrets of Wematchmake and you will treat the following as our trade secrets to the extent they have not been made public by us: (i) all source code, data and configuration files within or comprising our Services or used to receive content from, or deliver content to the Services, and all documentation relating thereto; (ii) all financial information relating to Wematchmake or its affiliates; and (iii) all Service plans of Wematchmake or its affiliates. By consenting to the terms of this Agreement, you acknowledge and agree that such information has independent economic value due to it not being generally known or available to others, and that Wematchmake takes reasonable measures to protect the confidentiality and secrecy of such information. You agree not to, and warrant and represent that you will not, engage in any activity, assist any third party in engaging in any activity, or attempt in any way, or assist any third party in attempting in any way, to: (v) discover or use any trade secrets of Wematchmake without Wematchmake's prior written consent; (vi) reverse engineer or otherwise discover any source code utilized by our Services or any client or other software provided by us; or (vii) breach, discover, circumvent, disable or otherwise compromise any security, encryption, password protection, or other feature or mechanism used by us or our Services to protect the Services or any data, hardware, software or server used in connection with it.
s. Linking, crawling and framing. You agree not to, and warrant and represent that you will not assist any third party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any content provided by the Services through any method (including without limitation, through copying, caching or framing), unless such access is expressly permitted in a written agreement executed by Wematchmake.
3. Proprietary Rights
a. Ownership of Proprietary Information. You hereby acknowledge and agree that Wematchmake is the owner or licensee of highly valuable proprietary information accessible on or through the Services, including without limitation, the compatibility matching system, compatibility profiles, gifts and our questioners (collectively, "Confidential Information"). Wematchmake owns and hereby retains all proprietary rights in the Services, including but not limited to, all Confidential Information.
b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
c. Other Users' Information. Other Registered Users may post information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any Wematchmake or third-party proprietary information available via the Services.
d. License to Posted or Accessed Content. By posting information or content to any profile pages or public area of the Services, or making it accessible to us by linking your Wematchmake account to any of your social network accounts (e.g. via Continue with Facebook) subject to applicable privacy laws as they relate to any personal information contained therein, you automatically grant, and you represent and warrant that you have the right to grant, to Wematchmake and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, perform, publicly display, modify and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Services in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights and waive certain other rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
4. User Information
a. Privacy Statement. We will only use your information in accordance with our Privacy Policy. You acknowledge that Wematchmake may transfer your personal information to Wematchmake's and its affiliated companies’ offices overseas, and may share your personal information with third parties employed to provide some or all of the Services. By registering to use the Services, you consent to this transfer of your personal information. For information about the collection, use and possible disclosure of information and material provided by you, please click on Wematchmake's Privacy Policy located on the Services. By using the Services, you are consenting to the terms of Wematchmake's Privacy Policy
b. No Contact Information. You agree that you will not post any full name, phone number, address, email addresses, personal website address or third-party profile page, or other contact information in the profile section of the Singles Service that will be made available to other Registered Members. You may, at your discretion, exchange such information after you reach the "Text Message" phase with your match.
c. Disclosure By Law. You acknowledge and agree that Wematchmake may disclose information you provide in accordance with our Privacy Policy, including, if required to do so by law, at the request of certain third parties, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Wematchmake's, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.
d. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Policy, Wematchmake reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, Wematchmake suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information, including personal information, may be disclosed to authorities that Wematchmake, in its sole discretion, deems appropriate to handle such disclosure, provided that such disclosure is pursuant to applicable law. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Wematchmake is permitted to make such disclosure.
e. Use of Anonymous Information for Research. As set forth in our Privacy Policy, by using the Services, you agree to allow Wematchmake to anonymously use the information from you and your experiences through the Services to continue Wematchmake's research into successful relationships and to improve the Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, your responses will be anonymous, and we will not publish research containing your personal identifying information.
5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors
The Services may contain advertisements and promotions from third parties or may otherwise provide information about or links to third party products or services, which are not under the control of Wematchmake, and Wematchmake is not responsible for the content of any linked website or any link contained in a linked website, or any changes or updates to such websites. Wematchmake provides these links to you only as a convenience, and the inclusion of any link does not imply that Wematchmake endorses or accepts any responsibility for the content on such third-party website. Your dealings or correspondence with, or participation in promotions of, advertisers or sweepstakes or other promotion sponsors found on or through the Services (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party or advertiser or sweepstakes or promotion sponsor. You agree that Wematchmake is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that Wematchmake shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Services; Including the sharing of the information you supply to Wematchmake with advertisers or sweepstakes or promotion sponsors, or as the result of the presence of such advertisers on the Services.
6. Disclaimer of Warranty
a. No Warranties or Conditions. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT ALWAYS TO CLAUSE 7 (LIMITATION OF LIABILITY) BELOW. WEMATCHMAKE PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAKES NO AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT AND INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WEMATCHMAKE DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. WEMATCHMAKE DISCLAIMS LIABILITY FOR, AND NO REPRESENTATION, WARRANTY OR CONDITION IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OR WEBSITE CAN BE ENTIRELY SECURE OR FREE OF RISK OF SECURITY BREACHES OR ATTACKS BY THIRD PARTIES, AND THAT WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICES WILL BE SECURE OR FREE FROM DATA BREACHES OR CYBER ATTACKS.
b. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Wematchmake, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WEMATCHMAKE DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR ACCESSED VIA THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN WEMATCHMAKE. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WEMATCHMAKE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
c. Beta Features. From time to time, Wematchmake may offer new "beta" features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any representation, warranty or conditions of any kind, and may be modified or discontinued at Wematchmake's sole discretion. The provisions of this Disclaimer of Warranties and Conditions section apply with full force to such features or tools.
7. Limitation of Liability
a. Limitation of Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEMATCHMAKE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WEMATCHMAKE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WEMATCHMAKE'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID WEMATCHMAKE FOR THE USE OF ANY SERVICES.
b. No Liability for non-Wematchmake Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEMATCHMAKE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
c. Information Verification. Wematchmake may but is not required to use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Wematchmake will have no liability to you arising from any incorrectly verified information.
8. Indemnification
a. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Wematchmake and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Wematchmake. Wematchmake reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wematchmake in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
b. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE SERVICES OR THIS AGREEMENT. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE (TO THE MAXIMUM EXTENT PERMITTED BY LAW) AND ANY OTHER APPLICABLE LAW OR STATUTE
9. Complaints / Law Enforcement Contact
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the FAQ link located at the bottom of any page of the Wematchmake Services, or email us on issues@wematchmake.com. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to Wematchmake to our email info@wematchmake.com.
10. Communication and Privacy
We may use the email address associated with your account to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Policy to review your options.
11. Term and Termination
This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Wematchmake may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Wematchmake reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records if your account and/or access to the Services is terminated. In the event your access to any of the Services is suspended due to a material breach of this Agreement, you agree that all fees then paid to Wematchmake by you will be nonrefundable. You may terminate your account by following the steps in the applicable section under "Cancellations" below, or by sending a notice of cancellation by email to: cancel@wematchmake.com. Following any termination of your Singles Service account due to a violation of our Agreement, Wematchmake reserves the right to send a notice thereof to other Registered Users which whom you have corresponded.
12. Cancellations
a. Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by: Profile > “Settings” > Cancel Account, by clicking on the cancellation link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term.
b. Cancellation through a Non-Wematchmake Service with No Refund. To cancel a membership purchased through a Non-Wematchmake Service, you must access your Non-Wematchmake Service account and follow the cancellation prompts for each service. You can then click on your Wematchmake subscription and cancel as instructed.
c. Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive the full Paid Membership for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (iii).
i. If you have prepaid any amount for a Paid Membership, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
ii. "Disability" means a condition which precludes you from physically using the Paid Membership during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to Wematchmake.
iii. If the physician determines that the duration of the disability will be less than six (6) months, Wematchmake may extend the term of the Paid Membership contract at no additional charge to you in lieu of cancellation.
PAYMENTS
13. **RENEWALS**
IN ORDER TO PROVIDE CONTINUOUS SERVICE, WEMATCHMAKE AUTOMATICALLY SENDS A REMINDER TO YOUR EMAIL AND YOUR PHONE ABOUT RENEWING YOUR ACCOUNT. WE ALWAYS COMMUNICATE RENEWAL PERIODS TO YOU, BEFORE YOU FINALIZE THE PURCHASE OF YOUR SUBSCRIPTION, UPON CONFIRMATION OF PURCHASE, AND IF APPLICABLE IN YOUR JURISDICTION, IN AN EMAIL REMINDER AT LEAST 7 DAYS PRIOR TO THE EFFECTIVE RENEWAL DATE. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR ACCOUNT WILL BE SUBJECT TO THE ABOVE-DESCRIBED AUTOMATIC REMINDER.
14. Refund Wematchmake does not refund once payment for the use of our service and platform has been made. Even if the user used the service for less than a day, you agree that there shall be no refund once payment has been made.
15. Governing Law & Venue
Unless prohibited by local law, this Agreement is governed by the laws of the Federal Republic Of Nigeria and the European Union Countries without giving effect to any principles of conflicts of laws. Notwithstanding the foregoing, Section 15 of this Agreement shall be governed by the Federal Arbitration Act. Nothing in this Agreement is intended to limit a party’s right to seek equitable relief at any time. If the Arbitration Agreement (as set forth in Section 15) is held to be unenforceable, you agree that any claims or disputes that you have against us must be resolved in the federal or state courts located in states/countries indicated above to the extent permissible by applicable law. Notwithstanding the foregoing, claims appropriately brought in small claims court may be filed in any court of competent jurisdiction.
16. Arbitration Agreement, Class Action Waiver and Jury Trial Waiver
a. Purpose: This section 15 of the Agreement (henceforth referred to as “Arbitration Agreement") facilitates the prompt and efficient resolution of any Disputes that may arise between you and Wematchmake. Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all Disputes between you and Wematchmake shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
For the purpose of this Arbitration Agreement, “Wematchmake” means wematchmake.com and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Wematchmake regarding any aspect of your relationship with Wematchmake, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver in this Arbitration Agreement). “Dispute” is to be given the broadest possible meaning that will be enforced.
YOU AND WEMATCHMAKE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
b. Pre-Arbitration Dispute Resolution: For all Disputes you must first give Wematchmake an opportunity to resolve the Dispute. The written Email notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Wematchmake does not resolve the Dispute to your satisfaction within 60 days after it receives your written notification, you may pursue your Dispute in arbitration.
c. Arbitration Procedures: If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Wematchmake may initiate arbitration proceedings. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
d. Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party.
f. Payment of Arbitration Fees and Costs: Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), Wematchmake will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Wematchmake as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from Wematchmake your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
g. Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and Wematchmake specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Registered Member of Wematchmake and/or user of Wematchmake services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
h. Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Agreement, you and Wematchmake are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Wematchmake might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
i. Severability: If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court.
j. Continuation: This Arbitration Agreement shall survive the termination of your contract with Wematchmake and your use of Wematchmake Services.
17. General Provisions
a. Right to Seek Injunction. Violation of this Agreement may cause Wematchmake irreparable harm, and therefore agree that Wematchmake will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Wematchmake may have for a breach of this Agreement.
b. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Policy located on the Services, and any applicable payment, renewal, additional Services terms, comprise the entire agreement between you and Wematchmake regarding the use of this Service, superseding any prior agreements between you and Wematchmake related to your use of the Services (including, but not limited to, any prior versions of this Agreement). The FAQ's found on the Services are for informational purposes only and are not deemed to be part of this Agreement. Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Services. The failure of Wematchmake to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
18. Digital Millennium Copyright Act Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, please notify Wematchmake's copyright team, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Services;
4. Information reasonably sufficient to permit Wematchmake to contact you, such as your address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to: copyright@wematchmake.com
19. TRADEMARKS
The Wematchmake logos and any other trade name or slogan contained in the Services are trademarks or service marks of Wematchmake, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Wematchmake or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Wematchmake and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
20. Revision Date
This Agreement was last revised on April 16th, 2023.
Virtual Goods and Currency Terms of Use
This Agreement was last revised on April 16th, 2023.
PLEASE READ THESE VIRTUAL GOODS AND CURRENCY TERMS OF USE CAREFULLY. BY MAKING A PURCHASE OR USING OUR VIRTUAL PRODUCTS, SERVICES OR CURRENCY, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PURCHASE OR USE OUR VIRTUAL PRODUCTS, SERVICES OR CURRENCY.
Certain virtual products, gifts and services (“Virtual Goods”) and virtual currency Coins (“WeCoin”) may be made available to you from time to time by Wematchmake or its subsidiaries or affiliated companies (collectively, “us”, “we” or “Wematchmake”) through our websites, products, applications, which include mobile applications and applications available on social networking sites and other platforms, and services (collectively, the “Services”). Your purchases and uses of Virtual Goods and WeCoin through our Services are governed by these Virtual Goods and Currency Terms of Use (“VGC Terms of Use”) and by Wematchmake Terms Of Use, which is incorporated herein by reference. These VGC Terms of Use set out the legally binding terms for your purchase and use of our Virtual Goods and WeCoin and may be modified by us from time to time by posting the revised VGC Terms of Use on the applicable Service. Such changes shall apply to any purchases made after such changes are posted. Therefore, you should review these VGC Terms of Use prior to each purchase so you will understand the terms applicable to such transaction.
If you have any questions about these VGC Terms of Use, you may contact us by sending an email to Wematchmake on: vgc@wematchmake.com
PURCHASES
To purchase any of our virtual products or services, you must be a registered user of our Services and comply with these VGC Terms of Use (including Wematchmake Terms of Use). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. We reserve the right to refuse or cancel orders or terminate accounts at any time in our sole discretion.
PAYMENT
By submitting an order for our Virtual Goods or Coins through our Services, you authorize Wematchmake, or its designated payment processors, to charge the account you specify for the purchase amount. All prices we show on our Services are subject to change without notice. When you provide your payment information, including any credit card number, to us or our designated payment processors, you authorize us or our designated payment processors to store payment information and other related information.
TAXES
You will be responsible for any applicable sales or use taxes, duties, or other governmental taxes or fees payable in connection with your purchase of Virtual Goods or Coins. If you do not pay such sales or other tax or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such purchases, and we reserve the right to collect such taxes or other fees from you at any time.
WECOIN
In our sole discretion, we may offer you the opportunity to obtain and redeem WeCoin for use with our Services. We may charge fees for the right to use WeCoin, or we may distribute the WeCoin without charge, each in our sole discretion. When you redeem WeCoin, we will redeem WeCoin that you have purchased before redeeming WeCoin that you have obtained on a promotional basis, or otherwise without charge. We have no obligation to continue offering any feature or function through the Services, including any feature or function that enables the use or redemption of WeCoin.
Your WeCoin will be stored in your account. The WeCoin may be redeemed solely by Wematchmake and cannot be transferred to any other user or third party, cannot be redeemed for cash and are non-refundable except (i) as required by law or (ii) at our sole and absolute discretion. We may further restrict your ability to redeem your Coins based on your place of residence. For clarification, although you may buy Coins via mobile services, the Coins are not redeemable for content or services offered by any carrier.
While the WeCoin you purchase do not expire, you acknowledge and agree that if your account becomes Inactive (as defined below) or is deactivated (as described below), we may, without further notice to you, redeem all paid WeCoin remaining in your account for any Virtual Goods (as defined below) we select, in our sole discretion. For purposes of this Section 4, the term “Inactive” means that, based on our records: (a) for a period of two (1) years, or more, you have not logged into your Wematchmake account; or (b) we have been unable to reach you to verify that you intend to continue use of your account. WeCoins that are obtained on a promotional basis, or otherwise without charge, may expire, be redeemed or removed from your account or be subject to other limitations at our sole discretion, including without limitation the actions described above if your account becomes inactive or is deactivated.
If you deactivate your Wematchmake account with our platform pursuant to the Wematchmake Terms Of Use, your ability to redeem WeCoin may be terminated, without any right to refund or any other compensation for you. When we cancel or terminate access to your WeCoin account balance for violating these VGC Terms of Use or the Wematchmake Terms Of Use, your right to use your WeCoin account balance immediately ceases.
Further, we may suspend or otherwise limit your access to your WeCoin if we suspect, in our sole discretion, fraudulent, abusive or unlawful activity associated with your account. When we suspend or limit access to your WeCoin account balance, your right to use your WeCoin account balance immediately ceases.
We may limit your use of the WeCoin service by applying limits to: the number of WeCoin you may have credited to your WeCoin account balance at one time; the number of promotional WeCoin you may obtain in a single event; and other features and uses determined by us in our sole discretion.
If we post WeCoin to your account for an activity that is subsequently voided or canceled or that involves a returned item, then we will remove those WeCoin from your account. You must ensure that we properly post your WeCoin to your WeCoin account. If you believe that you have validly acquired WeCoin that we have not posted to your WeCoin account, you must contact us within one hundred twenty (60) days after the date you claimed to have acquired those WeCoin. We may require reasonable documentation to support your claim.
VIRTUAL GOODS
In our sole discretion, we may offer you the opportunity to redeem WeCoin for access to certain Virtual Goods or gifts through our Services. As part of these Services, and subject to Wematchmake Terms Of Use and these VGC Terms of Use, we grant you a limited, non-transferable, revocable license to use the Virtual Goods, through our Services and send them to other users for use through the Services. Regardless of the use of the terms “purchase,” “buy,” “sell,” “order” or the like on our Services or in these VGC Terms of Use, you do not own any Virtual Goods and acknowledge that the Virtual Goods are a service of Wematchmake and that you have only a license to use the Virtual Goods in accordance with these VGC Terms of Use. All use of the Virtual Goods is for personal, non-commercial use only. We will use commercially reasonable efforts to make Virtual Goods you have purchased available for use within a reasonable period of time after purchase. If you violate the Wematchmake Terms Of Use or deactivate your Wematchmake account, our offering of Virtual Goods, and your license to any Virtual Goods, may also be cancelled, without any right to compensation for you.
The existence of a particular Virtual Good available for redemption with WeCoin is not a commitment by us to maintain or continue to make the particular Virtual Good available in the future. We may revise, discontinue, or modify Virtual Goods at any time without notification to you. We will have no liability of any kind if a product or service that you have ordered is unavailable. If necessary, we reserve the right to substitute items of equal or greater value when an item or service is unavailable or we may cancel your purchase.
The length of time you or your recipients may have access to Virtual Goods you purchase will be determined by us in our sole discretion. The images and other content included as part of Virtual Goods is part of our Proprietary Materials (as defined in Wematchmake Terms Of Use) and is subject to all terms and conditions regarding such Proprietary Materials as set forth in Wematchmake Terms Of Use. In addition, any message or other content that you may include with Virtual Goods must comply with all terms and conditions regarding content as set forth in Wematchmake Terms Of Use. Without limiting any of the foregoing, neither you nor any potential recipient of a Virtual Good may reproduce, distribute, transfer, modify or otherwise use Virtual Goods in any manner other than as expressly authorized by Wematchmake.
Gifts: You can use your WeCoin in your Wematchmake account to buy/purchase gifts for members only on Wematchmake.com as a registered Paid Member. Gifts purchased will then be sent to the member's location or address given by the said member.
ERRORS
While we attempt to be as accurate as possible and eliminate errors associated with our Services, we do not warrant that any product, service or description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on our Services, in an order confirmation, in processing an order, delivering a Virtual Good or WeCoin or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and provide you with a merchandise or service credit (including issuing, at our option, WeCoin as described above), with a value at least equal to the amount charged to you. We reserve the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order and obtain a credit as set forth above. To request a credit, email us at info@wematchmake.com . You release us from all liability and claims of loss resulting from any error that you do not report to us within 60 days after the error first occurs. If you do not tell us within this time, we will not be required to correct the error.
DISCLAIMERS
ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE OUR SERVICES, INCLUDING WECOIN AND VIRTUAL GOODS, ARE PROVIDED “AS-IS” AND WEMATCHMAKE, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. WE DO NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED THROUGH OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WEMATCHMAKE OR ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS AND SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY VIRTUAL GOODS, GIFTS OR WECOIN, OR OTHER PRODUCTS OR SERVICES, INCLUDING VIRTUAL GOODS, EVEN IF WEMATCHMAKE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WEMATCHMAKE'S AND ITS LICENSORS’ AND SUPPLIERS’ TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS YOU PAID FOR THE PRODUCTS OR SERVICES AND SHALL IN NO EVENT EXCEED N10,000 SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNITY
You agree to indemnify and hold Wematchmake, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney’s fees, due to or arising out of your purchase or use of any Virtual Goods, gifts or WeCoin, or other products or services made available through Services, any termination or suspension of your account or right to use Virtual Goods, gifts or WeCoin or any violation of these VGC Terms of Use, Wematchmake Terms of Use, of any law or the rights of any third party.
MISCELLANEOUS
These VGC Terms of Use constitute the entire agreement between you and Wematchmake regarding the subject matter set forth herein, and supersede all prior and contemporaneous agreements regarding the same. If any provision of these VGC Terms of Use is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Wematchmake to exercise or enforce any right or provision in these VGC Terms of Use shall not operate as a waiver of such right or provision. Other than any affiliate of Wematchmake, there are no third-party beneficiaries to these VGC Terms of Use and no third party who is not a party to this agreement shall have any right to enforce any term of these VGC Terms of Use. In the event of a conflict between these VGC Terms of Use and Wematchmake Terms of Use with respect to the terms of conditions of the WeCoin, Gifts or any Virtual Good, these VGC Terms of Use shall be controlling.