1. Introduction
Welcome to Dates.care. These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you - whether acting individually or on behalf of an organisation ("User") - and DATES CARE, a sole proprietorship registered in Ontario, Canada under Business Identification Number 1001737281, which operates the website dates.care ("Dates.care", "Website", "we", "us" or "our"). By accessing or using the Website you consent to adhere to and be bound by these Terms.
These Terms outline the legal relationship between you and Dates.care that arises from your access to and use of the Website, encompassing all features, functionality and content available on it (collectively, the "Services").
IMPORTANT NOTICE
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. FOR FURTHER DETAILS PLEASE REFER TO SECTION 10 (DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER) BELOW.
These Terms reference the following supplementary documents, which are integral parts of our agreement with you:
- Privacy Policy
- Cookie Policy
- Payment and Refund Policy
- Misconduct Prevention Policy
We may revise these Terms occasionally at our discretion. Any notification regarding changes will be effective 21 days after it is published on our website.
2. User eligibility and account requirements
2.1 Age requirement
You must be at least 18 years old to create an account and use our platform.
2.2 Profile requirements
User profiles must contain real names. Profile limitations include:
- Use your actual name to prevent impersonation.
- Usernames must not infringe upon rights held by others.
- Usernames must not include offensive or vulgar language.
- Profiles should not display personal contact information.
2.3 Personal use only
The Website and its Services are provided for your own personal, non-commercial use. You may not use the platform to advertise, solicit or conduct business of any kind without our prior written consent.
3. Paid features and credits
Certain services offered on our website require payment. Creating an account, building a profile, browsing members and exchanging chat messages all remain free of charge, with no limit on the number of messages. The following paid Services may incur fees:
- Mail correspondence exchanges
- Sending virtual gifts and stickers
- Transmission of personal photos and videos
- Super likes
- Making audio or video calls
Paid features are purchased with credits. For detailed information about payments, refunds and our credit system, please refer to our Payment and Refund Policy.
Credits are a prepaid balance for use on Dates.care only. They are not money, hold no cash value, earn no interest, and cannot be exchanged for cash, transferred to another member, sold or inherited. Credits you have already spent are not returnable. If you close your account, or we close it for a breach of these Terms, any unspent balance is forfeited. Prices and credit costs are shown before you spend and may change; a change never alters the cost of something you have already bought.
If you believe a charge is wrong, write to admin@dates.care before asking your bank to reverse it. We would far rather put a genuine mistake right ourselves. Raising a chargeback without contacting us first may lead to your account being suspended while the dispute is investigated, and repeated or fraudulent chargebacks may result in permanent closure. None of this affects rights you have under consumer protection law that cannot be waived.
3.1 Invitations and referral credits
You may, if you wish, share a personal invitation link with people you know. This is entirely optional and nothing on the Service depends on it. The link carries your first name so the person you invite knows the invitation came from you; we do not send invitations on your behalf, and we never read or import your contacts. Please only share your link with people you know personally, and never by bulk or unsolicited messaging. We may withdraw a link that is being misused.
A person who joins through your link receives exactly what every new member receives. When they complete their profile (a photo, who they are, who they are looking for, and where they are), we add a fixed number of complimentary credits to your account and the same number to theirs. Once they have been a member for thirty days, have completed verification, are still using the Service and are in good standing, we add a further fixed number of complimentary credits to your account. The current amounts and the other conditions are shown on the Invite page inside the app before you share anything. No credits are given for accounts that are closed, suspended or that we reasonably believe were created to obtain the reward, and the thirty-day thank-you is not given for accounts that are not verified or inactive at the end of the thirty days. Thank-yous are limited to ten in any calendar month.
Referral credits are complimentary credits in every respect described above: they are for use on Dates.care only, are not money, have no cash value, cannot be paid out, transferred or sold, and are forfeited if your account is closed. We may change or end the programme at any time; a change does not affect a thank-you that has already been added to your account.
4. User representations and warranties
Prior to accessing and during your use of the Service, you assert that:
- No criminal convictions have ever been recorded against you.
- You are not categorised by any authority as a sex offender.
- All data you post publicly is accurate and kept up to date.
- You will promptly report changes to your contact information, including your email address.
- You comply with all applicable regulations throughout your use of the site.
- You are legally capable of entering into this Agreement.
4.1 Strictly prohibited activities
- Breaching the personal data of others
- Spam or mass messaging
- Scams or fraud
- Publicly sharing personal identification details
- Harassment or abusive behaviour
- Content containing violence, pornography or illegal material
4.2 Requirements for user content
"User Content" means any information, communication, media or other file that a User publishes, sends, transmits or makes publicly available on or through the Website. Make sure your content does not include abuse, offence, discrimination, advertising, sexual material or copyright breaches. Prohibited content includes:
- Inflammatory religious commentary or inaccurate quotations
- Realistic portrayals of violence, or content encouraging violence
- Commercial activity without prior written consent
- Pornographic or adult content
- Copyright or trademark infringement
- Racist, bigoted or hateful content
- Content promoting terrorism or illegal activity
- Images of unaccompanied minors
5. Profile security
You are responsible for your account security and are obliged to:
- Keep your login credentials confidential.
- Accept liability for all activity under your account.
- Notify us immediately about any unauthorised use.
- Not authorise anyone else to use your account.
We are not liable for any loss or damage arising from your failure to comply with this provision, or from unauthorised use of your credentials by third parties.
6. Meeting other members
Dates.care is a place to meet people. What happens after that is between you and them, and you should read this section carefully before you arrange to see anyone.
6.1 We do not screen members
We do not run criminal background checks, sex-offender registry searches, credit checks or any other formal screening of members, and we are not able to. Our verification confirms that a person holds the phone number they gave us and that their selfie matches the photographs on their profile. That is all it confirms. It does not confirm that they are honest, safe, single, employed, solvent, of good character or free of a criminal record.
6.2 Meetings happen at your own risk
Any communication, meeting or relationship with another member - online, by telephone, by video call, or in person - is entirely at your own risk. We are not a party to it. We do not supervise it, and we cannot control what another person says or does. We are not responsible or liable for the conduct of any member, whether on Dates.care or anywhere else, and that includes anything that happens when you meet someone offline.
6.3 Please take these precautions
We ask every member to follow this guidance. It is not a legal requirement and following it does not make us responsible for the outcome, but it is what we would tell a friend.
- Talk on Dates.care first. Video call before meeting in person.
- Meet somewhere public for the first few times. Stay somewhere public.
- Arrange your own transport, both ways, and keep control of it.
- Tell a friend or relative where you are going, who with, and when you expect to be back.
- Do not leave drinks, food, bags, phones or documents unattended.
- Never send money, gift cards or cryptocurrency to someone you have met online, and never share bank details, card numbers, passwords or one-time codes - however convincing the reason. Anyone who asks for money is very likely defrauding you. Report them to us.
- Do not share your home or work address, or your daily routine, until you know someone well.
- Leave whenever you want to. You never owe anyone an explanation.
- If you feel unsafe, contact your local emergency services. In Canada and the United States, that is 911.
6.4 Report anyone who worries you
Use the report control on any profile, message or photograph, or write to admin@dates.care. We read every report. We can suspend and remove accounts, and we cooperate with law enforcement where the law requires it or a person is at risk of harm.
7. Your responsibility to us
You agree to indemnify, defend and hold harmless Dates.care and the person operating it against any claim, demand, loss, liability, damage, cost or expense - including reasonable legal fees - arising out of or connected with your use of the Services, your content, your dealings with other members, or your breach of these Terms or of any law or of anyone else's rights. We may take over the defence of any such claim, and you agree to cooperate with us if we do.
8. Termination of account
We reserve the right at our sole discretion to terminate or suspend any account at any time without liability. We will notify you when we take action against your account unless prohibited by law.
Termination may occur for a breach of these Terms, inappropriate conduct, inactivity for three consecutive months, or payment security concerns.
You may delete your account at any time from your account settings or by writing to admin@dates.care. Your profile is hidden immediately and the account is reviewed and deleted within 14 days. Credits are not refunded on deletion. Records the law requires us to keep are archived as described in our Privacy Policy.
9. Copyright policy
Dates.care owns, possesses and has title over the intellectual property, licences, or otherwise retains all proprietary rights to the Website and Services. Any activity that infringes intellectual property rights is not allowed. To report copyright infringement, contact admin@dates.care.
9.1 Licence
By posting User Content, you grant us an unrestricted, irrevocable, non-exclusive, sub-licensable, free, worldwide licence to use, copy, perform, display, reproduce, adapt, modify, publish and distribute that content in connection with operating and promoting the Services.
10. Warranty disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE".
We expressly disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Website will meet your requirements or be uninterrupted, timely, secure or error-free.
We are not liable for information contained in user profiles, for the behaviour of users, or for guaranteeing any particular relationship outcome.
11. Limitation of liability
To the fullest extent permitted by law, Dates.care shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages.
Even if Dates.care is found liable under any theory, that liability and your exclusive remedy will be limited to the greater of the fees you have paid to Dates.care or $100.
12. Dispute resolution by mandatory binding arbitration
IMPORTANT: READ CAREFULLY
This section requires you to arbitrate disputes with Dates.care and limits the manner in which you can seek relief from us.
12.1 Scope and applicability
This Arbitration Agreement applies to all disputes, claims or controversies between you and Dates.care, including those arising from these Terms or your use of the Services.
12.2 Pre-arbitration informal dispute resolution
Before initiating arbitration, both parties must attempt informal resolution:
- Send written notice to admin@dates.care with details of your dispute.
- Participate in good faith for a 90-day period.
- Attend at least one individualised conference.
12.3 Arbitration agreement
For U.S. residents: arbitration will be administered by National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules. Contact NAM at commercial@namadr.com.
For non-U.S. residents: arbitration will be administered by the London Court of International Arbitration (LCIA). Contact the LCIA at onlinefiling@lcia.org.
12.4 Class action waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, BOTH YOU AND WE WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION, OR TO A JURY TRIAL. ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS.
13. Miscellaneous
13.1 Governing law and venue
This Agreement is governed by and construed under the laws of Ontario, Canada. Each party submits to the exclusive jurisdiction of the courts of Ontario, Canada.
13.2 Force majeure
Dates.care is not responsible for any failure to perform due to unforeseen circumstances, including acts of God, war, terrorism, strikes or system failures.
14. Contact information
Dates.care is operated by DATES CARE, a sole proprietorship registered in Ontario, Canada under Business Identification Number (BIN) 1001737281.
DATES CARE
22 Metropolitan Road, Suite 1175a
Scarborough, Ontario M1R 2T6
Canada
Legal: admin@dates.care
Customer support: admin@dates.care
Dates.care