This agreement was last updated on May 15, 2010
The SERVICE is defined as the Lavalife® phone based services including Lavalife®, Manline®, The Night Exchange® and their associated web sites supplied through Lavalife Corp.
Please read the following terms and conditions carefully, before using the Service as they form the agreement between us. If you do not agree to these terms and conditions, you may not use the Service and should not proceed. By using the Service on or after the date above you are agreeing to be bound by this Agreement, including all amendments made to date or afterwards in accordance with those terms and conditions.
User Agreement – This Agreement constitutes your agreement with Lavalife Corp. (“Lavalife”), a Nova Scotia, Canada Corporation (“Lavalife”) with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, “we” and “us” means Lavalife or any successor or assign of Lavalife.
Right to Use – Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including without limitation the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability. We will not be liable if for any reason the Service is unavailable at any time for any period. If you are a non-resident of Canada then your right to access the Services, and in particular log-in or access any database, is limited and restricted to a location situated outside of Canada. Any use of a database by a non-resident of Canada from a location within Canada is expressly prohibited.
Adult – You represent, warrant and covenant that you are at least 18 years old.
Code of Conduct – You agree to use the Service in accordance with the following Code of Conduct: a) you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you; b) you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person; c) you will not post messages, pictures or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law; d) you will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures or recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images; e) you will not use the Service to promote any solicitation for funds, advertising or solicitation for goods or services; and f) you will not post or transmit in any manner any contact information including, but not limited to, telephone numbers, postal addresses, e-mail addresses, web sites, or full names through your publicly posted information.
Fees and Payments – Full Members of the Service are required to purchase “Blocks of Time” in order to use the “paid features” of the Service. Each Block of Time comprises a set number of minutes for time on the paid features of the Service (“Minutes”). Each of the “paid features” of the Service costs a minimum of one or more minutes to use. Each time a Full Member uses a “paid feature” of the Service, the Member’s account of Block of Time is debited by the number of full minutes charged to use that “paid feature”.
Blocks of Time may be purchased, by: i) charging the time to your phone bill (landline or mobile) through a 1-900 telephone number, a collect call billing option or SMS option; ii) Western Union; iii) bank draft; iv) cash/money order; v) a prepaid card (purchased at participating retailers) or vi) by credit card (via customer service or this web site. www.lavalifebyphone.com) based on the pricing policy as stated on the Service at the time of purchase (not all methods of payment are available on all Services or in all geographic areas). We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method or manner in which we charge members for Blocks of Time, or the method of payment which is acceptable to us, at our sole discretion. Prices are inclusive of applicable taxes, if any, including GST and HST. Lavalife will charge and collect sales tax on any purchase made from a Canadian credit card, drawn on a Canadian account and/or from a Canadian location or address (default).
Once we have confirmed receipt of your payment, we will credit your account with the Block of Time purchased. Where we receive payment for an incorrect amount we will credit your account with a pro-rated number of minutes based on the funds received. Minutes will be automatically deducted from your account as you use “paid features” of the Service. You can confirm the number of Minutes which remain available to you in your account at any time from the Member Services section off the Main Menu. A Full Member whose account is at zero, remains a Full Member, but cannot access “paid features” until additional Blocks of Time are purchased. If your usage of the Service is terminated because of a breach of this Agreement or if it is terminated for any other reason, any unused Minutes are automatically and immediately forfeited.
THE PURCHASE OF MINUTES IS NON-REFUNDABLE. Any unused Minutes will remain credited to your account but will not be refunded if unused, even if you are no longer using the Service. IF YOU DO NOT LOG INTO YOUR ACCOUNT FOR A PERIOD OF 180 CONSECUTIVE DAYS, YOUR BALANCE WILL BE SET TO ZERO. Minutes will only be credited to the account of the Full Member purchasing the Time, and to no one else. Minutes may not be transferred from one member of the Service to another member. The cost of Minutes purchased by a Full Member is not refundable under any circumstance but can be used by you at any time.
You agree to pay all fees and charges incurred in connection with your membership with the Service at the rates in effect when the charges were incurred. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the Service or on this site from time to time. You also are responsible for any fees or charges incurred to access the Service through the telephone system, including but not limited to telephone charges, long distance charges or mobile phone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
Privacy and Use of Information – By using the services you have also agreed to our Privacy Statement. You acknowledge that (a) we cannot ensure the security or privacy of information or documents you provide through the telephone system, on the World Wide Web and through your voice messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service. You may not use the Service for any unlawful purpose. We may refuse content that impersonates someone else, is protected by proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
Monitoring of Information – We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines which may be applicable from time to time. While we do not and cannot review every message sent by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or move content including without limitation, profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings and messages you may record to the Service or send to the users of the Service.
Termination of Access to Service – We may, in our sole discretion, 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, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.
Proprietary Information – The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. For additional information, please refer to our Legal Section.
No Responsibility – You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability to you at any time and you may stop using the Service at any time.
Security – Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to, use of your password by any third party.
Indemnity – You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
No Warranties – THE SERVICE IS DISTRIBUTED ON AN “AS IS” BASIS. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service 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. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any profile, advice, opinion, statement or other information recorded or distributed through the Service by Lavalife, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.
Modifications – We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
Disclosure and Other Communication – We reserve the right to send voice messages or text messages to you for the purpose of informing you of issues, changes or additions to the Service, or of any Lavalife related products, services and promotions. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.
By your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.
Governing Law – This Agreement is entered into in Ontario, Canada. You agree that it will be governed by the laws of the Province of Ontario and any disputes arising out of this Agreement will be subject to the courts of the Province of Ontario and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d’un commun accord que la présente entente soit rédigée en anglais.
Assignment – You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Lavalife has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of Lavalife, if Lavalife’s obligations hereunder are assumed by a third party, Lavalife shall be relieved of any and all liability under this Agreement.
© Lavalife Corp 2007 – 2012.
What information do you gather automatically from visitors?
We collect the phone number from which you are calling. This is used as a secondary means of identifying your account and as a control factor where third party carriers are billing you for mobile products.
If we are charging you directly we may also collect your address when you pay by credit card.
Your address and phone number may also be used for the purpose of informing you of issues, changes or additions to our services, or of any Lavalife related products and services.
If you access our phone services through the web:
We use your IP address (the series of numbers associated with your individual computer) to help us maintain our site and identify problems with our server. Your IP address does not disclose any personally revealing information about you.
What information will you ask me for?
Depending on which community you choose, you will be asked for some personal but non-identifying information to complete your profile (i.e. whether you have dependants, height, body type, race, religion, whether you smoke, postal code etc). This information is not linked in any way to your personally identifiable information nor do we publish it to other members.
We gather demographic information (like your city of residence and/or age). We may share some of this information with our professional advisors or consultants for our own research purposes. However the information shared will be limited to non-personally identifying demographic information shared under cover of a confidentiality agreement.
If we are charging you directly, we collect financial information (like your credit card number and expiry date). We will only use this information in the course of providing our service to you.
How will this information be used and who has access to it?
The specific information we collect is not shared with other organizations and we will never release your personally identifiable information to an external organization without your prior consent except for the purposes of validating credit information and collecting debts, or unless we reasonably believe we are required to do so by operation of law.
How long do you keep the information I’ve given you?
We keep the information you have given us for the longer of the time you are a member of our product or we are required to do so by law.
Can I change the information I have already given you?
You can always verify or request the deletion of the personally identifiable information we have collected and change your registration information by contacting Customer Service. Any such request may also be made by contacting the Privacy Officer at the co-ordinates below.
Do you monitor behaviour?
What security features do you have?
We follow generally accepted industry standards to protect the personal information submitted to us once we receive it. No method of electronic storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about security of our systems, you can contact us at the co-ordinates listed below.
DATA PROTECTION INFORMATION FOR UK USERS ONLY
For the purpose of the UK Data Protection Act 1998 the data controller is Lavalife Corp.
Access to Information
The Data Protection Act 1998 gives UK users the right to access information held about themselves. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you. Access requests may be made at the co-ordinates given below.
#ASTRO and CHATHERUP SPECIFIC PRIVACY ISSUES
#ASTRO and CHATHERUP are provided by a third party supplier. The third party supplier is not given any personally identifiable information by us.
You may unsubscribe from receiving email communication from Lavalife VOICE at any time by clicking the “unsubscribe” link within any email from Lavalife VOICE . After clicking the link, you will see a thank you page and will no longer receive emails containing promos, specials or content from Lavalife VOICE . Please note that although you will be unsubscribed from receiving promos, specials and content you may continue to receive purchase-related notifications such as confirmation emails after making a web purchase.
You may unsubscribe from receiving SMS alerts from Lavalife VOICE at any time by texting STOP to 862666. You are welcome to contact Lavalife VOICE directly at firstname.lastname@example.org with any questions.
Lavalife may contain advertising for third parties not affiliated with Lavalife. Please note that these third parties may have privacy policies that differ from ours. We have no control over any personal information that you provide to them.
Lavalife does not provide any customer information to advertisers for the purpose of lists or contacts.
CONTACTING US (For Privacy Issues ONLY):
ALL OTHER ENQUIRIES SHOULD BE DIRECTED TO CUSTOMER SERVICE.
© Lavalife Corp., 2012
Lavalife and The Night Exchange are registered trade-marks of Lavalife Corp.
Trade-marks of third parties are used with permission of the mark holders.
In addition to our content, our services may include the content of third parties. Unless otherwise indicated, such content is reproduced on our service with the permission of the copyright holder.
© Lavalife Corp, 2007-2012