(last amended on 5 June 2018)
The following General Terms and Conditions set out the provisions governing the use of C-Date services provided by at 13 rue du Commerce, L-1351 Luxembourg (hereinafter to as "C-Date"). The following General Terms and Conditions shall apply for all customers regardless of whether C-Date is used free of charge or at cost or whether it is used inside or outside of Canada. The General Terms and Conditions shall form an integral part of the contract. If the customer has differing Terms and Conditions, these shall not be accepted. By registering, the customer confirms that he/she has read and accepted the General Terms and Conditions. The customer accepts the General Terms and Conditions by declaring his/her consent during registration by clicking on the button provided.
1. Object of the contract
(1) These Terms and Conditions govern how registered customers use the services provided by C-Date on its website/App. Only customers aged 18 and over may use C-Date; underage persons are not permitted to use it.
(2) C-Date enables its customers to access its services by requiring customer to complete a questionnaire when registering that is structured according special criteria.
(3) Together with other personal data, the customer's answers to the questions in the questionnaire are entered in the C-Date database and can be compared with data from all other C-Date customers. The comparison is based on a mathematical algorithm especially developed by C-Date to determine the compatibility of two customer profiles. By comparing the customer's profile all other customer data in the database, we offer customers a list of anybody in the database to whom they are best suited (contact proposals).
2. Concluding the contract
(1) The C-Date service may only be used after the customer has registered. As far as a C-Date iOS App is available, registration via this iOS App requires the prior download of the App via the Apple iTunes App Store. As far as a C-Date iOS App is available, registration via this Android App requires the prior download of the App via the Google Play Store. Registration is free. The customer thereby enters into a non-fee based contractual relationship with C-Date, which is governed by these General Terms and Conditions. The basic services provided after registering are also not subject to a fee, such as the possibility of receiving contact proposals.
(2) C-Date also offers more extensive services which are fee-based under premium membership, such as accepting the contact proposals made. C-Date always notifies the customer accordingly before they use any fee-based services, indicating which fees are applicable and the respective amount. The customer chooses how long they want to subscribe to the service for from a range of subscription periods. The subscription period paid for by the customer shall extend automatically in accordance with Section 6(4) (e.g. by six months). The customer shall enter into a fee-based contractual relationship by entering his/her payment information and clicking "Make payment". The customer can use the fee-based services after paying the appropriate fee. As a rule, all other services are free.
(3) C-Date reserves the right to block any customer's access to the C-Date service if he/she uses the service in a manner that is illegal or breaches the obligations laid out in these General Terms and Conditions. However, blockage of access for the above reasons shall have no effect on the blocked customer's obligation to pay for the service purchased. In such an event, any amount up to CA$450 already paid to C-Date will not be refunded but retained as a penalty. C-Date also reserves the express right to demand a flat-rate penalty of up to CA$450 from customers who have paid no amount or an amount lower than CA$450. This will not prevent the assertion of any claims for greater losses actually incurred.
(4) The service provided by C-Date is available 24/7 in principle. Availability rates are 99.5% on a yearly basis. That is excluding downtime for maintenance or software updates, and excluding factors that are out of C-Date’s control such as unavailability of internet services where a third party is to blame, or force majeure. C-Date recommends its customers to use the latest (browser) technology and to apply the right browser settings (activate Java script, cookies, and pop-ups) for the best C-Date experience. When outdated or non-standard technology is used, C-Date cannot guarantee proper operation of all services and features.
3. Conditions of use
(1) The customer confirms to be at least 18 years of age, i.e. of legal age and thus entitled to legally enter this contract in all respects. On request, the customer shall prove to be of legal age by presenting his/her passport or ID card and a copy of the account or credit card that was used when registering.
(2) The subscription purchased by the customer may not be shared with other persons and is non-transferable. The customer also undertakes not to allow any underage persons to willfully or negligently access the service. The customer is solely responsible for keeping any access data assigned to him/her confidential from underage family members, friends, acquaintances or other third parties.
(3) The customer must inform C-Date in good time of any amendments to his/her personal data that are required to fulfill the contractual purpose. This is especially true for changes to the expiry date of the credit card or bank account used in conjunction with the C-Date service.
(4) The customer undertakes to maintain confidentiality. Without express prior consent of the creator, the customer is prohibited from disseminating, publishing passing on to third parties in any other way or allowing third parties access to:
-any conversation(s) had with other customers via the C-Date service platform;
-any personal data (including addresses, names, telephone numbers and other numbers) relating to other customers of the C-Date service, regardless of how these were acquired; and from
-making any copies of photographs and texts, access to which he/she gained access via the service.
(5) The customer undertakes to use the services provided for private purposes only, i.e. for no purpose other than personal communication. Any form of commercial, industrial use of the service platform is strictly prohibited. This includes in particular, but is not limited to, using the service to advertise or offer goods or services or to disclose/disseminate information to third parties. If the customer uses the C-Date Service in conjunction with business interests or uses the details and data entrusted to him/her for commercial purposes, he/she shall be obligated to pay a contractual penalty of CA$3,500 for each proven contravention, without prejudice to any claim for damages.
(6) The customer undertakes to comply with the Terms and Conditions to protect other C-Date customers. The customer is prohibited from abusing the C-Date service.
This means the customer is particularly prohibited from (and not exclusively):
- placing offending material or otherwise illegal material in the customer profile that infringes on human dignity/rights and/or general personal rights of other customers or to disseminate said material via the C-Date service (defamatory, slanderous and/or pornographic material, in particular);
- contacting C-Date customers with intent to defraud;
- coercing other customers in any way or pressuring them in any other unwanted way.
(7) The customer undertakes not to do anything that could in any way jeopardise or prevent the smooth operation of and uninterrupted access to the C-Date service. This includes in particular, but is not limited to:
- sending mass messages;
- saving infected files, software or other data in the customer profile, or disseminating these via the service;
- saving in the customer profile or disseminating via the service any material (pictures, text, software, etc.) that breaches intellectual property rights of third parties and/or for which the customer cannot show adequate usage rights.
(8) Where there are grounds to do so, C-Date can check for unauthorised or illegal use of the service and check information and material disseminated via the service or saved in customer profiles to verify compliance with the aforementioned conditions and/or compliance with other applicable legislation and to ensure smooth operation and availability of the C-Date service. C date is however not obliged to perform such checks. If a breach has been established, C-Date is entitled to modify or delete the respective information and material, as well as block access to the service. In cases of doubt, C-Date has the final decision regarding the permissibility of the use in question.
Civil and legal proceedings shall be taken in the event of any unauthorised use/exploitation of the C-Date services.
(9) The customer is obliged to send C-Date any notifications either via e-mail to the addresses specified on the respective site/App (such as email@example.com) or by post, unless customers are expressly given other contact channels in these Terms and Conditions or on the websites/Apps. As a rule, C-Date sends notifications to logged-in customers using display templates. C-Date may also contact customers using the e-mail address saved in the customer profile.
(10) The customer acknowledges and agrees that all content uploaded by him to the C-Date website/App is available for all customers for approach within their list of recommended contacts. This is applicable regardless of the matter that other customers may have registered for the services provided by via other websites/Apps of or via cooperation partners. Reciprocally the customer also enjoys the benefits of this central database for the services provided which are available via different domains, within the list of contacts recommended to him.
(11) The customer acknowledges and agrees that C-Date may send messages on his or her behalf to make it easier for the customer to get started on the platform and to support communication between members. The customer may deactivate this feature in their profile at any anytime.
4. Payment processing, objections
(1) The customer must raise and justify with C-Date in writing any objections to the amount charged or billed no later than six weeks after the amount has been debited or after receiving the queried invoice. If the customer does not raise any justified objections within this 6-week period, the charged or invoiced costs shall be deemed as approved.
(2) Immaterial interference to the service does not entitle the customer to a complaint. An immaterial interference to a paid service occurs when the period during which the customer is unable to use the paid service does not exceed two consecutive days. Furthermore, a complaint must be justified only if C-Date is liable for the service being unavailable in accordance with Section 8 of these General Terms and Conditions.
(3) The following complaints are deemed justified: the paid subscription period purchased by the customer under Section 2(2) is extended by the period for which the customer has made the justified objection. The customer is also entitled to set a grace period of five working days to properly fulfill the payment Terms and Conditions and to request a credit note under Section 6(5). If the cause of the complaint is not resolved by the end of this grace period, the customer has the right to terminate the contract. A refund of any unused balance will then take place as per Section 6(5).
(4) Where the customer fails to make a payment or falls into arrears, C-Date reserves the right to engage the services of a debt collection company and demand these costs from the customer. C-Date also reserves the right to charge interest on arrears, the amount of which shall be in accordance with statutory provisions.
(5) C-Date reserves the right to demand that the customer pays the expenses arising from the unauthorised cancellation of a credit card payment or an unjustified objection to a direct debit payment to the extent possible under law.
(6) The customer can assert a right of set-off and right of retention against C-Date only where claims are legally established, undisputed or acknowledged.
(7) As far as a C-Date iOS App is available, payments for In-App purchases via this iOS App are exclusively processed via the Apple iTunes App Store according to the Apple iTunes App Store rules. Payments are charged via the Customer‘s iTunes Account. For In-App purchases via the iOS App Section 4. (1) till (6) is not applicable. For any objections concerning the payments Apple iTunes App Store has to be exclusively addressed.
(8) As far as a C-Date Android App is available, payment processing for purchases via this Android App follows the chosen payment method:
- for payments via the C-Date payment system Section 4. (1) till (6) above is applicable
- insofar as payments via the Customer‘s Google Account have been offered and chosen, payments are exclusively processed via the Google Play Store according to the Google Play Store rules. Payments are charged via the Customer‘s Google Account. For purchases via the Google Account Section 4. (1) till (6) is not applicable. For any objections concerning the payments Google Play Store has to be exclusively addressed.
5. Data protection
Our privacy statement can be found here: https://www.cdating.ca/info/privacy-statement.html
6. Terminating and extending the contract
(1) At any time and without offering justification, the customer can terminate the non-fee based contractual relationship entered into upon registering in accordance with Section 2(1). The contractual relationship is terminated by simply logging off when the link "Deactivate profile" under "Settings" is followed on the C-Date website/in the respective C-Date App. The uninstalling of the App does not delete the profile. The customer profile and associated data are deleted when logging off.
C-Date is also entitled to terminate the contractual relationship described in Section 2(1) at any time by giving a period of two weeks.
Terminating the non-fee based contractual relationship pursuant to Section 2(1) shall not affect the fee-based contractual relationship pursuant to Section 2(2); the fee-based contractual relationship is governed by the following provisions under Section 6(3).Upon cancelling, the customer – who has also entered a contractual relationship pursuant to Section 2(2) as well as a contractual relationship pursuant to Section 2(1) – waives the use of the service for any as yet remaining subscription period, i.e. the Client shall not receive any refund of fees paid.
(2) The customer can terminate the fee-based contractual relationship purchased via the website, which he/she entered into pursuant to Section 2(2) anytime in writing in accordance with Art. 46 CPA.
“Clause required under the Consumer Protection Act.
(Service contract involving sequential performance for instruction, training or assistance)
The consumer may cancel this contract at any time by sending the form attached hereto or another notice in writing for that purpose to the merchant.
This contract is cancelled, without further formality, upon the sending of the form or notice.
If the consumer cancels this contract before the merchant has begun the performance of his principal obligation, the consumer has no charge or penalty to pay.
If the consumer cancels this contract after the merchant has begun the performance of his principal obligation, the consumer must pay only:
(a) the price of the services rendered him, computed on the basis of the rate stipulated in the contract; and
(b) the less of the following 2 sums: $50, or a sum representing not more than 10% of the price of the services that were not rendered him.
Within 10 days following the cancellation of the contract, the merchant must restore to the consumer the money he owes him.
It is in the consumer’s interest to refer to sections 190 to 196 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.”
Terminating the fee-based contractual relationship is only effective when expressed explicitly in writing. If an "online termination process" is technologically possible, the customer can also terminate the contractual relationship via the corresponding link on the C-Date website. To aid clear assignment and to protect against misuse, the customer must always specify at least his/her full name, the country whose C-Date service he/she is using, his/her e-mail address registered with C-Date and his/her username (or alternatively, the contact ID assigned to him/her) in a legible manner (BLOCK CAPITALS) as an absolute necessity when writing the notice of termination.
The termination must be sent to:
C-Date Customer Service / Termination
13 rue du Commerce
Fax: 00 1 315 87 69 121
As far as a C-Date iOS App is available, termination of the fee-based contractual relationship purchased via an In-App Purchase in this iOS App has to be exercised exclusively towards the Apple iTunes App Store according to the Apple iTunes App Store rules.
As far as a C-Date Android App is available, termination of the fee-based contractual relationship purchased via this Android App follows the chosen payment method:
- for payments via the C-Date payment system termination follows the rules in Section 6. (2) above
- insofar as payments via the Google Account of Customer have been offered and chosen, termination has to be exercised exclusively towards the Google Play Store according to the Google Play Store rules
Terminating the fee-based contractual relationship pursuant to Section 2(2) shall not affect the non-fee based contractual relationship pursuant to Section 2(1).
(3) In addition, C-Date has right to extraordinary termination without notice if the customer breaches the provisions of use set out in Section 3(1) to (7) and uses the service illegally. In this case, C-Date is entitled to immediately block the customer's access to the service. If a customer’s access to the service is blocked owing to a contractual breach and the customer has entered into both a fee-based and non-fee based contractual relationship, any unused credit for time-based accessed to the service shall be retained by C-Date as a flat-rate service charge for preventing contractual breaches. Any credit shall not be refunded.
(4) The ability to establish contact and the corresponding contractual relationship under Section 2(2) shall be extended automatically by the selected or specified subscription period upon expiration of the specified subscription period purchased (e.g. three or six months) unless the customer terminates the relationship before contract duration expires. Notice of termination shall include the customer’s full name as well as his/her alias.
(5) C-Date is authorised to cease services partially or completely at any time. Customers who have a claim for unused services (credit) when services are withdrawn by C-Date, shall receive a proportional refund for services owed that have not yet been used (credit). .
7. Intellectual property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, drawings, machine language, program, procedures, software and other technologies (collectively referred to as "Content") used on the website/App and/or as part of the C-Date service, particularly including, but not limited to design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, which is found on the website/App and/or included in the service is exclusively owned, controlled or licensed by C-Date or of their respective owners and are protected by trade laws, copyright, patent rights and trademark rights and other rights governing intellectual property rights and unfair competition. Any permitted use is governed definitively by these General Terms and Conditions and the aforementioned intellectual property may be used only after express prior agreement from C-Date. It is not permitted copy, reproduce, publish, upload, pass on, allow public access to, encode, translate, transmit, or distribute in any other way (this includes "mirroring") the website/App or part thereof on any other computer, server, website, App or another medium suitable for publication or dissemination or on any other commercial enterprise unless C-Date has given express consent beforehand.
(1) C-Date shall not guarantee the success of establishing any contact during the contractual period, nor shall they be held liable should no contact be established. Establishing contact is beyond C-Date’s control and can only be done with the mutual consent of the other customer. C-Date guarantees to try and establish contact between customers and provides a service to this effect, but it does not guarantee the success of any established contact.
On request, however, C-Date shall guarantee an extension of access to the fee-based services if the customer has not received as many contact proposals in the subscription period as is guaranteed for the said subscription period.
(2) C-Date cannot guarantee the accuracy of the evaluations or statements from customer in the personality test. The results and the comparison of customer profiles are largely based on the information given in the personality test. C date can there also not assume liability for the accuracy of the results and comparison of customer profiles.
C-Date shall not assume liability for the accuracy of information provided by customer on the service platform or exchanged via the service.
(3) C-Date shall not be liable for any illegal actions of third parties. Exclusions to the liability of C-Date shall particularly, but not exclusively, include the following:
- breaches committed by other customer against usage obligations defined in Section 3(1) to (7);
- unauthorised access by third parties to personal customer data obtained by unauthorised access via hacker attacks on the service;
(4) C-Date cannot guarantee that the service will be available continuously without interruptions. C date shall not be liable for malfunctions, failures or interruptions due to force majeure or events that C-Date is not responsible for. Section 4(2) shall apply to minor interruptions that C-Date is responsible for.
(5) For other losses that occur due to causes other than those stated above, C-Date shall only be liable in cases of intent and gross negligence on the part of its executive bodies, employees and vicarious agents, and this liability is proportionate to the extent that C-Date contributed to the loss in relation to other causes.
(6) C-Date shall only liable for slight negligence in the event of injury to life, body or health or in the case that it has breached material contractual obligations. Where a material contractual obligation is breached, liability shall be limited to foreseeable damages that are typical of such a contract.
(7) Liability is otherwise excluded.
(1) Interdate S.A.’s registered office is Luxembourg. The C-Date webpages are hosted on servers by C-Date.
(2) These General Terms and Conditions and all legal relationships between the customer and C date are governed by the laws of Canada without giving effect to its principles of conflict of laws. For customers resident in the Province of Québec the laws of the Province of Québec apply. In the event of conflicts between both, the laws of the Province of Québec shall prevail for customers resident in the Province of Québec. Jurisdiction over any disputes without consumer participation arising in connection with C-Date shall lie with the courts at Interdate S.A.'s registered office.
(3) If one or more provisions of these General Terms and Conditions is or becomes invalid or incomplete, the validity of the remaining provisions shall remain unaffected. Such invalid or incomplete provision shall be replaced or amended by a provision that best reflects the intended economic purpose of such void or incomplete provision.
(4) Amending the General the Terms and Conditions C-Date is entitled to amend these General Terms and Conditions at any time. Amendments to these General Terms and Conditions shall be made when the C-Date amends the content of the services provided, or if C-Date is obliged based on legal requirements to adapts its Terms and Conditions with new legislation. In the event of an amendment, C-Date shall expressly refer the customer to the respective amendments. The customer can oppose the amended General Terms and Conditions within a period of two weeks. C-Date refers expressly to the procedure for opposing the amendment and period in which to do this. If the customer does not oppose the amended General Terms and Conditions within the specified period, the new General Terms and Conditions shall apply to these customers from the date the deadline to oppose expires. The amended General Terms and Conditions shall enter into force as soon as they are available on the website/App. This shall be without prejudice to the possibility of each existing customer terminating his/her membership. If the customer continues to use the C-Date date, it is assumed that he/she has accepted the amendments. If the customer opposes the amended General Terms and Conditions, C-Date is entitled to terminate his/her free membership described in Section 2(1). In this case, C-Date also has the right to oppose the automatic extension of the fee-based membership defined in Section. 6(4). In this case, the fee-based membership shall end at the end of the subscription period specified at this time.
C-Date shall declare any opposition to the fee-based membership extension no later than two weeks before the end of the respective subscription period.
Customers are requested to take note of the latest version, which is always available on the website/App. Full acceptance of any amendments is required for the customer to use the website/App.