Table of Contents

Terms

These Terms of Use (together with the content referred to in them) are the terms on which you may make use of the website (www.datingdoula.ca, Dating Doula Inc. or “the Site” or “our Site”), whether as a guest or a registered user.

These Terms of Use apply to www.datingdoula.ca and constitute a legal agreement between the User (“you”) and Dating Doula ("We" or "our) as to the terms and Services of the Website as well as the Services of Dating Doula, with which users and customers must comply.

By registering with www.datingdoula.ca you agree to be bound by these Terms and Services (this “Agreement”), whether or not you use the services offered (the “Services”) of Dating Doula.

Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms carefully before you start to use our Site, as these will apply to your use of the Site. If you do not wish to abide by this Agreement, do not purchase a service, register or use any portion of this site.

We reserve the right to change, update, modify, and/or revise these terms of use at any time at our sole discretion, without notice or liability. Please check back often to review any updated terms.

Other terms

The following terms of use refer to the following additional terms, which also apply to your use of our site:

1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

2. Squarespace Cookie Policy, which sets out information about the current and/or future cookies on our site.

By using our site, you confirm that you accept these terms of use and agree to comply with them.  If you do not agree to these Terms of Use, do not use our site.

Changes to our terms

We may revise these terms of use at any time by changing this page.Please check this page from time to time to take notice of any changes we make, as they are binding on you.

Accessing our site

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis.
We:

• May suspend, withdraw, discontinue or change all or any part of our site without notice.

• Will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for:

• Making all arrangements necessary to access our site.

• Ensuring that all persons who access our site through your internet connection are aware of these terms of use, other applicable terms and conditions, and that they comply with them.

Use and content

All information and materials available via the Site (collectively, “Content”) is  protected by copyright, trademark and other applicable laws. Content includes, but is not limited to:

• Photographs, images, illustrations

• Text, video, audio clips, designs

• Logos, trademarks, service marks

• Other materials contained in this Site as well as the software used in the design and development of this Site.

Content is owned or controlled by us, our subsidiaries, affiliates or licensors or is used with permission of their owners.

You may not reproduce, publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this Site, any of the Content in this Site.

You agree to abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through our Site.

Who can use the site/age

The Website is not intended to be viewed, and the Services are not intended to be purchased or used, by minors or anyone under the age of twenty-one (21).  

By entering the Website or using the Services, you are affirming and agreeing that you are over the age of twenty-one.

Your role and responsibilities as a user

Dating Doula’s services are based on your representations to us and how we perceive your personality with regard to potential matches.

You represent, warrant and agree that:

1. all information you submit to us, is, and will be updated to remain, truthful and accurate;
2. that neither you nor your use of the Site nor any information submitted by you or the use thereof by us or our users in accordance with these Terms and Services will:

a) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights;
b) contain unlawful material;
c) constitute false or misleading statements of fact or indications of origin;
d) slander, libel or defame any person or entity; or
e) cause injury of any kind to any person or entity; or
f) violate or encourage to violate any applicable laws, rules, regulations or other governmental regulations; and

3. you are at least the applicable age of majority in Ontario where you reside and you and possess the legal authority to agree to these Terms of Use.

Dating Doula is not responsible or liable for your behaviour, actions, conduct, communications or interactions, online or in-person, with any person you meet through the services offered by Dating Doula.

Violating any of these terms may result in your

Code of conduct

When interacting online or in-person, with Dating Doula staff, partners or any person you meet through services offered by Dating Doula:

• you shall not violate (in any way) the Canadian Charter of Rights and Freedoms

• violate or infringe (in any way) upon the rights of others, and;

• you shall not engage in any behavior which is:

  • abusive

  • unlawful

  • defamatory

  • threatening

  • racist, sexist, homophobic or ableist

  • invasive of privacy or publicity rights

  • vulgar obscene, profane, or otherwise objectionable

  • a criminal offence in Canada, gives rise to civil liability, or otherwise violates any law.

If Dating Doula cancels your Service Agreement because you violate the Code of Conduct or overall Terms of Use, Dating Doula will:

1. Stop work immediately.

2. Send you the final product(s), outlined in your Service Agreement, “as-is” within 2 business days of stopping work.

3. Consider the Service Agreement as fully performed (or executed), by both the Client and Dating Doula, once the final product(s) are delivered.

If Dating Doula cancels your Service Agreement because you violate the Code of Conduct or overall Terms of Use, Dating Doula will not issue a refund for the following services:

• Brand New Bio

• My Dating Blueprint

• Photographer’s initial payment (whether or not the shoot has already happened)

• Dating App Photography (if the photo shoot has already happened).

If Dating Doula cancels your Service Agreement because you violate the Code of Conduct or overall Terms of Use, Dating Doula we will issue a partial refund for the My Dating Doula service package, based on the number of days left in the Service Agreement.

For example, the My Dating Doula service package has a duration of 30 business days and costs $800. If the Service Agreement is cancelled 15 business days into the term of service, Dating Doula will issue a refund of $400, for services rendered during the course of the 15 business days, before the Service Agreement was cancelled.

Dating Doula is not responsible or liable for your behaviour, actions, conduct, communications or interactions, online or in-person, with any person you meet through the services offered by Dating Doula. 

No reliance on our site information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely.You must get professional or specialist advice before taking, or refusing to take, any action on the basis of the content on our site.

No guarantee of your success

Services

Whichever service you select, Dating Doula will do it’s best to:

1. write and deliver a profile makeover, app bio or website profile for you

2. manage an online dating account for you, should you purchase the Dating Doula service

3. schedule a photoshoot, with a professional photographer for you and style you

However, you understand that Dating Doula cannot guarantee: 

• a specific number of matches per day, week, month or year

• that you will be in a relationship, engaged or married at the end of our service contract or working relationship

• a successful outcome of your online dating experience as a result of the following services we provide:

  • App Bio

  • Website Profile

  • Digital Doula Photo Shoot 

  • Doula Defence 

Many online dating companies and platforms use complicated algorithms that are out of our control to match users. They also match users according to individual users' location, settings and preferences.

It's important to remember that online dating may involve uncertainties and risks. It can also have emotional consequences. Each person’s response and reactions may be different from the other person.

Recommendations and suggestions

While Dating Doula can make recommendations and suggestions throughout the service contract or working relationship, these recommendations and suggestions should not be considered advice and you are solely responsible for taking, or refusing to take, any action on the basis of a Dating Doula recommendation or suggestion.

Your safety

Online dating may involve uncertainties and risks.

Dating Doula will do it’s best to ensure that you have access to common online dating safety tips by linking to our Online Dating Safety page.

However, you understand that irrespective of which service you purchase, Dating Doula cannot guarantee your safety when you are:

• meeting matches in-person

• communicating with matches:

  • on a dating platform

  • through email

  • while talking or texting on the phone

You are at all times, solely responsible for your interactions, online or in person, with individuals you have identified or have been identified for you by Dating Doula. It is your responsibility to make sure that you put plans in place or do whatever you deem necessary to ensure your safety before, during and after you communicate with or meet matches.

Your interactions with matches on and offline

By using the Services of Dating Doula, you understand and agree that Dating Doula does not in any way screen the members of any online dating sites or any individuals that you interact with.

If you purchase the Dating Doula service package, where we help you set up and manage your online dating account, we will choose matches based entirely on the match criteria you give us.

Dating Doula makes no representations or warranties as to the conduct of any person in your dating sphere. In no event shall Dating Doula be liable for any damages whatsoever, either direct, indirect, general, special, compensatory, consequential, punitive, 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 other damages resulting from communications or interactions, online or in person, with any persons you meet through the Services offered by Dating Doula.

Special provisions for Dating Doula clients

The Dating Doula service includes:

• working with client’s to set up their online dating account

• managing the client’s online dating account for them

• messaging and chatting with the client’s matches

• scheduling a client’s first phone call and coffee date with matches the client would like to meet in-person

As a recommended precaution, Dating Doula recommends that Clients download an online dating safety app before they meet matches in-person. We list 2 dating safety apps on our Online Dating Safety page however, Clients are free to choose their own. 

Please note, Dating Doula does not endorse or guarantee any dating safety apps. Whichever dating safety app you choose, we recommend you download and test it before you go on dates.

Billing and refund policy

All purchases on the Website are final. In no event shall individuals be entitled to refunds because of dissatisfaction with the Services of Dating Doula, except where authorized by Dating Doula, or where this provision is prohibited by law.

Limitation of our liability

Part 1

We make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws governing these terms.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether expressed or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site or use of or reliance on any content displayed on our site.

Part 2 - Business users

If you are a business user, please note that in particular, we will not be liable for:

• Any indirect or consequential loss or damage.

• Loss of:

  • profits, sales, business, or revenue

  • anticipated savings

  • business opportunity, goodwill or reputation.

We will not be liable for any loss or damage caused by:

• A virus.

• Distributed denial-of-service attack (DDoS).

We will not be liable for any loss or damage caused by:

• Technologically harmful material that may infect your computer equipment.

• Computer programs.

• Data or other proprietary material due to your use of our site.

• Your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it, on other websites (for example, social media) or distributed through our mailing list.

Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not:

1. Use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

2. Modify the paper or digital copies of any materials you have printed off or downloaded in any way

3. Use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Viruses and technology

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer program and platform in order to access our site. You should use your own anti-virus protection software.

You must not misuse our site by knowingly introducing:

• Viruses

• Trojans

• Worms

• Logic bombs

• Other material which is malicious or technologically harmful.

You must not attempt to gain unauthorised access to:

• Our site

• The server on which our site is stored

• Any server, computer or database connected to our site.

You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under Canada’s Criminal Code.

Depending on the exact nature of the behaviour, the following current offences could be charged:

• Criminal harassment

• Uttering threats;

• Intimidation;

• Mischief in relation to data;

• Unauthorized use of computer;

• Identity fraud;

• Extortion;

• False messages, indecent or harassing telephone calls;

• Incitement of hatred; and,

• Defamatory libel

We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our website, provided you credit us and do so in a way that is:

• fair and legal

• does not damage our reputation

• does not take advantage of our reputation

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in this Terms of Use policy.

If you wish to make any use of content on our site other than that set out above, please contact us using our contact form.

Third party links and resources

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.We have no control over the contents of those sites or resources.

Applicable law

If you are a consumer

Please note that these terms of use, their subject matter and formation, are governed by Canadian law and any applicable Ontario laws.

You and we both agree that the courts of Ontario will have non-exclusive jurisdiction to hear any claims (including non-contractual claims) connected with these terms of use. 

This Agreement shall be governed by, interpreted and construed, and enforced in accordance with the laws of the Province of Ontario.

If you are a business

If you are a business, these terms of use, their subject matter and formation (and any non contractual disputes or claims) are governed by Canadian law and any applicable Ontario laws.

You and we both agree that the courts of Ontario will have non-exclusive jurisdiction to hear any claims (including non-contractual claims) connected with these terms of use.  

Choice of venue

All disputes shall be resolved by a court of competent jurisdiction in the Province of Ontario.

Arbitration

Any controversies, claims, or disputes arising out of or relating to this Agreement shall be resolved solely and exclusively by binding arbitration the Province of Ontario. The arbitration shall take place in Province of Ontario. The arbitrator shall be required to follow applicable law. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND DATING DOULA ARE EACH WAVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.