Terms & Conditions
Heavenly Unions
These terms and conditions constitute a legal agreement (“Agreement”) between you and Heavenly Unions, an online dating website (“Heavenly Unions” , “us”, “our”, or “we”), that may be communicated at support@heavenlyunions.com. This Agreement applies to the access and usage of the Heavenly Unions websites, www.heavenlyunions.com, including the website’s mobile and online forms and registration to use or use of any of the services we provide through our platforms (jointly, with the Websites and Applications, each, a “Service” or the “Services”). By using any of the Services, you agree to, and are obligated by, these terms and conditions of service of this Agreement including the Privacy Policy for as long as you use the Services. If you do not agree with our terms and conditions, refrain from using our services. Additional terms may be included to your usage of, or involvement in particular Services, and such terms will be either recorded in this Agreement or will be communicated to you for your approval when you sign up to use such Services and which are integrated as part of this Agreement.
The Heavenly Unions Services entails of a Service for single men or women seeking Jesus Christ centered romantic relationships (the “Introduction Service”), contents (the “Jesus Centered Unions”), and any additional services currently offered or which will be offered in the future by or on behalf of Heavenly Unions. Heavenly Unions may offer new services, amend or cease any of the Services, at its preference, and this Agreement will pertain to all additional services or amended Services.
Any amendments on this Agreement will be communicated to you through your email provided during your registration and will be posted on this page. We take your continued use of our Services as your acceptance of revision.
1. Eligibility
- Minimum Age: You must be at least 18 years old to register for the Services. By using the Introduction Service, you represent and certify that you are at least 18 years old or older and have the required ability and authority to enter into this Agreement.
- Christian Criteria: The Introduction Service requires you to fill out your profile and personal information relating to your Christian background. Heavenly Unions is not restricted to a specific Christian denomination but is for all Christians who believe in Jesus Christ, God the Father and the Holy Spirit.
- Marital Status: By registering to use or using the Introduction Service, you signify and certify that you are single, or (if legally married) separated legally or widowed. If you are married, you may not register to use or use the Introduction Service.
- Criminal History: By requesting to use, registering to use, and/or using the Introduction Service, you signify and certify that you have never been convicted of a felony (or other unlawful offense) and/or are not compelled by any government unit or state to register as a sex offender. Heavenly Unions does not conduct criminal background investigations on its members. However, Heavenly Unions reserves the right to perform any criminal background investigations in accordance with the applicable law at any time and to use accessible public records, to warrant conformity with this section. BY AGREEING WITH THESE TERMS AND CONDITIONS, YOU ARE AUTHORIZING ANY CRIMINAL BACKGROUND CHECKS ACCORDING TO WHAT IS ALLOWED LEGALLY IN YOUR STATE.
- Banned from Website: You may not access or use the Website if you are a competitor of ours, have the intentions of gathering or utilizing our Content for your personal business purposes or if we have previously banned you from the Website.
2. Use of the Services
As a user of any of the Services (a “Member”), you agree to the following:
- Bronze Membership. It is free to sign-up for the Introduction Service, which may be used by you at no cost (“Free Membership”). You have signed up an account by providing preliminary information including username, email address and password. Your account signup information will be verified by Heavenly Unions. As a verified Free member, you will be able to post your photos up to our defined limits and to view other member’s profiles. Free membership will enable you to receive messages but you will not be able to send back messages.
- Silver Membership. The Introduction Service includes a membership option that offers features not available under a Free Membership, for which you will need to purchase a subscription (“Silver Membership”). To access our site as a Silver member, they would be required to purchase a Silver Membership. All prices listed by us on the Service are accessible in the exhibited currency exclusive of pertinent taxes and duties. Heavenly Unions currently offers one-month and 12-month Silver Membership which automatically renew for another 12 months term (or other term lengths, as agreed-upon by you during the purchase process) unless cancelled at least 24 hours before the end of your current term. Silver Membership allows you to be able to post your photos, view other member’s photos, connect and begin contact with members, search based on specific criteria (e.g., age, distance) and respond to communications without restriction. 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.
- Gold Membership. Gold Membership, allows you to be able to post your photos, view other member’s photos, connect and begin contact with members, search based on specific criteria (e.g., age, distance), respond to communications without restriction and be featured on the website for a certain duration based on payment agreed. 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.
- Subscriptions. When purchasing a Silver or Gold Membership, you will be asked to provide certain payment information, including credit card, debit card, 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.
Any unresolvable difficulties associated with the credit or debit card that you have provided will be notified to you via email using the email associated with your membership account to request you to resolve the problem. Heavenly Unions reserves the right to suspend or terminate your subscription due to non-payment. By subscribing and providing credit or debit card valid information, you authorize us and our payment processors to store your credit or debit card information and perform payment processing for subscription sales and pertinent taxes according to the purchase plan you have selected and agreed during purchase.
- Use of Non-Heavenly Unions Services for Access and Purchase. Purchasing a Silver or Gold Membership using Non-Heavenly Unions Services is available on our Applications. Note that your subscriptions through a non-Heavenly Unions service will be charged by the non-Heavenly Unions service based on the payment terms you have agreed upon your subscription. Cancellation of auto-renewal or termination of subscription should be done through the non-Heavenly Unions service provider. Access your account on the non-Heavenly Unions service provider and follow the instructions for cancellation or termination.
- Exclusive Use. Your account is for your personal use only. You may not approve others to access your account, and you may not designate or transfer your account to any other person. You acknowledge that your usernames and passwords are only for your use. You recognize that Heavenly Unions is not liable for third party access to your account that results from stealing or misuse of your usernames and passwords.
- Geographic Restrictions. Heavenly Unions offers the ability to sign-up for the Services in certain countries other than Canada, and search for members located in such countries. Heavenly Unions reserves the right to not provide or cease the Services in any jurisdiction at any time in its sole discretion. Your usage of the Services is restricted with this Agreement and including Canada export control laws and any and all applicable local, federal, state, national or international laws and regulations.
- Information Submitted. To the degree allowed by law, you are solely accountable and liable for, (i) the information and content you add, post (make available), transmit, publish, or share to the Services; and (ii) your interfaces with other Members through the Services. You certify and signify that all information provided to Heavenly Unions through our Services will be true, and complete, and will be submitted only for lawful, moral, and godly purposes. Heavenly Unions provides details of how we will secure and use your personal information in our Privacy Policy.
- Personal Safety and Risk Assumptions. By agreeing to subscribe to our Services, you assume all risks, including but not limited to online or offline interfaces/interactions with others including dating. Heavenly Unions provides accessible recommendations in our website for maintaining personal safety in using our Introduction Services. We assume that you have reviewed and considered them with your Agreement.
- No Guarantees. Heavenly Unions makes no guarantees that you will find your godly spouse after a certain length of subscription to our Services or that you will find the perfect compatibility with your chosen dates from our Services. Heavenly Unions assumes that you are aware that by registering for our services, you are also praying for God’s will and revelation of your future spouse.
- Violations and Abuse. Heavenly Unions have the right to terminate our Services or ban certain Members that are violating the Agreement. Any violation of the Agreement by others, including but not limited to Members is reported to Heavenly Unions.
- Abstraction of Content. Heavenly Unions reserves the right to monitor the information you share, post, submit or create to our Website or public areas. We have the right to withdraw any information you share that in our judgement violates or may violate any applicable laws, Biblical principles or the Agreement, or upon the request of others, including but not limited to Members.
- Posting and Communication Restrictions.
You are prohibited from posting, sharing or communicating to other Members in any activity on or through the Services, that:
- promotes racism, intolerance, bias, hatred or physical harm of any kind against any group or individual;
- promotes illegal activities such as how to buy illegal drugs or weapons, illegal gambling, and provides instructions on how to do illegal activities;
- is intended to bully, abuse, harass, or coerce another Member of the Services;
- is false and intended to misrepresent the affiliation, connection, memberships, with any person or entity, or deceive other Members of the Services;
- collects information from persons below 18;
- publicizes other’s personal information including video, photographs, or without his or her consent for commercial purposes;
- promotes or campaigns for support of political policies/parties/beliefs, religions/cults, witchcraft, or sect;
- abusive, offensive, libelous, obscene, sexually charged, pornographic, angry, unacceptable or unlawful;
- infringes the intellectual property right of Heavenly Unions or any third- party including content copyright (e.g. music, videos, photographs, software, etc.);
- contains viruses, bugs, trojan horses, cancelbots, worms or other harmful or destructive codes, or devices;
- irrelevant, meaningless topics intended to annoy other Members
- uses scripts, bots or other automated technology to illegally access the Services;
- uses the Services for chain letter, junk mail or spam e-mails;
- intended for use in any way with phishing, spamming, trolling or related activities.
- False Information. You will not provide inaccurate, misleading or false information to Heavenly Unions or to any other user. If you have knowledge that information provided to Heavenly Unions or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Heavenly Unions of such change.
- No Advertising or Commercial Solicitation. You will not use Heavenly Unions for any personal business promotions nor advertise or solicit any member to purchase any products or services. You will not transmit any chain letters, junk or spam emails to other users. You will not use any information obtained from Heavenly Unions Services to contact, promote, advertise to, solicit or sell any products or services to any members. You acknowledge that if you breach the terms and conditions in this subsection by sending bulk email, spam mails or other unsolicited messages, you will cause harm to Heavenly Unions. As to the degree permissible by law, you agree to pay $50 CAD for each unsolicited message sent as an estimated cause for such harm to Heavenly Unions.
- Unique and Bona Fide Profile. You will create only one unique profile that will be subject for verification and approval by Heavenly Unions. Your use of Introduction Service is for the bona-fide purpose of seeking Godly relationship. You will not use the Introduction Service as a registered user for purposes such as research, collection or anything else other than Godly relationship-seeking. Heavenly Unions reserves the right to create test profiles in order to monitor the bona fide use of this Introduction Service.
- No Harassment of Heavenly Unions Employees or Agents. You agree not to use any forms of harassment such as stalking, bullying, annoying or threats to any Heavenly Unions employees or representatives involved in delivering any part of the Services to you.
- Social Media. We may provide you the option to connect your Heavenly Unions account to your account on some social networking websites such as Facebook, Twitter, or Instagram for the purpose of logging in. By connecting your Heavenly Unions account to any social networking websites, you give consent to continually provide your personal information to Heavenly Unions. Heavenly Unions will use such information in compliance with our Privacy Policy. All information that will be collected from your social networking websites will be disclosed to you and you will be informed before we use them.
- Reverse Engineering and Non-Interference. Heavenly Unions information and documents containing trade secrets as defined by Canadian Intellectual Property Office (CIPO) including the following are considered as our trade secrets and has not been disclosed to public: 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 Heavenly Unions or its affiliates; and (iii) all Service plans of Heavenly Unions or its affiliates. By Agreement to the terms and conditions, you signify and agree that our trade secrets have economic value due to its secrecy, and that Heavenly Unions takes reasonable measures to protect the confidentiality and secrecy of such information. You acknowledge and agree not to engage in any acts, be involved in any third party engaging in any acts, or attempt in any means to assist in any way to discover or use any trade secrets of Heavenly Unions without Heavenly Union’s prior written consent, reverse engineer or discover any source code used by our Services, or any client or any software provided by us; 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.
- Linking, crawling and framing. You agree not to, and certify and signify that you will not support or participate in any act or attempt to reproduce, in any way in whole or in part any content provided by the Services through any method unless by written consent by Heavenly Unions.
3. Proprietary Rights
1. You hereby certify and signify that Heavenly Unions is the owner or licensee of highly valuable proprietary information accessible on or through the Services. Heavenly Unions owns and hereby retains all proprietary rights in the Services, including but not limited to, all Confidential Information.Ownership of Proprietary Information.
2. 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.
3. 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 Heavenly Unions or third-party proprietary information available via the Services.
4. 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 Heavenly Unions account to any of your social network accounts (e.g. via Facebook, Instagram or Twitter) subject to applicable privacy laws as they relate to any personal information contained therein, you automatically grant, and you signify and certify that you have the right to grant, to Heavenly Unions 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
1. Privacy Statement. We will only use your information in accordance with our Privacy Policy. You acknowledge that Heavenly Unions may transfer your personal information to Heavenly Unions’ 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 Heavenly Unions Privacy Policy located on the Services. By using the Services, you are consenting to the terms of Heavenly Unions’ Privacy Policy.
2. 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 Introduction Service that will be made available to other Registered Members. You may, at your discretion, exchange such information through the Text Message.
3. Disclosure By Law. You acknowledge and agree that Heavenly Unions 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 Heavenly Unions’, 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.
4. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Policy, Heavenly Unions reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, Heavenly Unions 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 Heavenly Unions, 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 Heavenly Unions is permitted to make such disclosure.
5. Links to Third-Party Web Sites / Dealings with Advertisers and Sponsors
Heavenly Unions reserves its rights to advertise on the Services and include third-party website links on the Services, including without limitation, advertisers, which are not under the control of Heavenly Unions, and Heavenly Unions 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. Heavenly Unions provides these links to you only as a convenience, and the inclusion of any link does not imply that Heavenly Unions endorses or accepts any responsibility for the content on such a third-party website. Your correspondence or business dealings 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, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser or sweepstakes or promotion sponsor. You agree that Heavenly Unions will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Heavenly Unions with advertisers or sweepstakes or promotion sponsors, or as the result of the presence of such advertisers on the Services. Please visit our Privacy Policy to learn more about our personal information handling practices.
6. Disclaimer of Warranty
1. 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. HEAVENLY UNIONS 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. HEAVENLY UNIONS 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. HEAVENLY UNIONS 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.
2. Third Party Content.Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Heavenly Unions, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. HEAVENLY UNIONS 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 HEAVENLY UNIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL HEAVENLY UNIONS 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.
3. Beta Features.From time to time, Heavenly Unions may offer new “beta” features or tools with which it’s 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 Heavenly Unions’ 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
1. Limitation of Damages and Aggregate Liability.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HEAVENLY UNIONS 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 HEAVENLY UNIONS KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL HEAVENLY UNIONS’ 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 HEAVENLY UNIONS FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
2. No Liability for non- Heavenly Unions’ Actions.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HEAVENLY UNIONS 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.
3. Information Verification.Heavenly Unions 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 Heavenly Unions will have no liability to you arising from any incorrectly verified information.
8. Indemnification
1. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Heavenly Unions 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 Heavenly Unions. Heavenly Unions 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 Heavenly Unions 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.
2. 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) CALIFORNIA CIVIL CODE 1542 (AND ANY OTHER APPLICABLE LAW OR STATUTE) WHICH SUBSTANTIALLY STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
9. Complaints / Law Enforcement Contact
To resolve a complaint regarding the Service, contact Heavenly Unions official email address at support@heavenlyunions.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 Heavenly Unions may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Heavenly Unions 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 Heavenly Unions by you will be nonrefundable. You may terminate your account by following the steps in the applicable section under “Cancellations” below. Following any termination of your Dating Service account due to a violation of our Agreement, Heavenly Unions reserves the right to send a notice thereof to other Registered Users which whom you have corresponded.
12. Cancellations
- 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: accessing [Data & Settings > “Manage profile” > Amend Subscription,] clicking on the cancellation link, and providing the information requested. In such a 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. If you purchase a subscription on an installment payment basis (such as three-part pay), cancellation will not affect your obligation to pay the total contractual amount due on your subscription and your credit card or other payment method will continue to be charged the scheduled payments until the remaining balance is paid in full.
- Cancellation through a Non- Heavenly Unions Service with No Refund. To cancel a membership purchased through a Non- Heavenly Unions Service, you must access your Non- Heavenly Unions Service account and follow the cancellation prompts for each service. The current cancellation process for Apple requires you to access the Settings option on your iPhone, click on iTunes & App Stores, select your Apple ID, View Apple ID and Subscriptions. You can then click on your Heavenly Unions subscription and cancel as instructed.
- Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive the full 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.
13. RENEWALS
HEAVENLY UNIONS MEMBERSHIP HAS NO EXPIRATION EXCEPT FOR THE LISTINGS. HEAVENLY UNIONS DOES NOT AUTOMATICALLY RENEW THE LISTINGS. MEMBERS HAVE TO ORDER FOR THE LISTINGS AND PAY THE AGREED AMOUNT TO BE RENEWED.
14. Governing Law & Venue
Unless prohibited by local law, this Agreement is governed by the laws of Ontario, Canada, 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 Ontario, Canada 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. For the sake of clarity, the choice of Ontario law shall not exclude, limit or supersede a consumer’s rights or remedies under mandatory consumer protection laws in the jurisdiction where the consumer resides.
15. Arbitration Agreement, Class Action Waiver and Jury Trial Waiver
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 Heavenly Unions. 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 Heavenly Unions 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, “Heavenly Unions” means Heavenly Unions, Inc. 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 Heavenly Unions regarding any aspect of your relationship with Heavenly Unions, 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 HEAVENLY UNIONS 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.
- Pre-Arbitration Dispute Resolution:For all Disputes you must first give Heavenly Unions an opportunity to resolve the Dispute. You must commence this process by emailing to Heavenly Unions support@heavenlyunions.com That written 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 Heavenly Unions does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration.
- Arbitration Procedures:If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Heavenly Unions 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.
Because your contract with Heavenly Unions, the Agreement, and this Arbitration Agreement concern interstate commerce, the Ontario Arbitration Act governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the Ontario Arbitration Act and the applicable statute of limitations or condition precedent to suit.
- 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. Such an award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the Ontario Arbitration Act, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
- Location of Arbitration:You may initiate arbitration in Ontario, Canada, via written submissions, in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution, or in another location mutually agreed to by the parties.
- Payment of Arbitration Fees and Costs:Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious, Heavenly Unions 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 Heavenly Unions 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 Heavenly Unions your actual and reasonable attorney’s fees and costs as determined by the arbitrator.
- 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 Heavenly Unions specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Registered Member of Heavenly Unions and/or user of Heavenly Unions services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.
- Limitation of Procedural Rights:You understand and agree that, by entering into this Arbitration Agreement, you and Heavenly Unions 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 Heavenly Unions 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.
- 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.
- Continuation:This Arbitration Agreement shall survive the termination of your contract with Heavenly Unions and your use of Heavenly Unions Services.
16. General Provisions
1. Right to Seek Injunction.Violation of this Agreement may cause Heavenly Unions irreparable harm, and therefore agree that Heavenly Unions 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 Heavenly Unions may have for a breach of this Agreement.
2. 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 Heavenly Unions regarding the use of this Service, superseding any prior agreements between you and Heavenly Unions 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 Heavenly Unions 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.
17. 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 Heavenly Unions.
18. Amendments
There is no revision till date.