Terms & Conditions

MEMBERSHIP SERVICES AGREEMENT

1. DESCRIPTION OF SERVICES

1.1 SW provides 3 types of Membership:

(i) Matchmaking Membership (E):

  • Membership (E) entitles the Member to SW’s full range of dating and networking services, including but not limited to the following services:
  • Registering profile details with SW to become part of SW database;
  • Personalized consultation to determine Member’s requirements and preferences;
  • SW will embark on detailed search for suitable matches (not limited to database);
  • Guaranteed minimum number of 1-on-1 introductions set up by SW, customized according to Member’s preferences (subject to Matchmaker’s limitations);
  • Follow-up services including feedback sessions with Members and potential matches; and
  • Where necessary, dating advice and value-added services to promote success rate of matches and increase quality of events and dates.
  • No. of dates offered under Unlimited date memberships are subject to the discretion of the Matchmaker depending on the Member’s stated requirements.

Special Conditions

In the event that the Member rejects the matches even though they fit the Member’s stipulated criteria, the Member acknowledges that that considerable time has been spent by the matchmaker to scout/screen/onboard the match and accordingly the Member will not be entitled to allege non-fulfilment by SW of its time obligation as a result of Member’s rejection of the matches.

Once membership has commenced, the Member is only allowed to make minor tweaks to their profile, and specifically only for broadening of criteria. Any major changes or tightening of criteria may be subject to SW’s approval and additional charges

(ii) Matchmaking Membership (P)

  • Membership (P) entitles the Member to SW’s dating and networking services, including but not limited to the following services:
  • Registering profile details with SW to become part of SW database;
  • Personalized consultation to determine Member’s requirements and preferences;
  • SW will embark on detailed search for suitable matches within the SW paid-members database;
  • Guaranteed minimum number of 1-on-1 dates set up by SW (please refer to package details)

Special conditions

The validity period for Membership (P) depends on the number of dates purchased (please refer to package details). All obligations towards the Member expire once the validity period is over, except for cases where SW and the Member has mutually agreed to extend the validity period.Member is allowed to reject up to 30% of their matches (rounded down to the nearest whole number). Any rejections beyond that will be counted as 1 date and/or incur additional charges. Matches that do not meet the Member’s criteria will not be counted in this number.

(iii) Standard Membership (“Member List”)

  • Standard Membership entitles the Member to a basic set of dating and networking services, including but not limited to the following services:
  • Registering profile details with SW to become part of SW database;
  • If identified as a suitable match to a Matchmaking Member, invitation to exclusive small-scale events and get-togethers organized by SW;
  • If identified as a suitable match to a Matchmaking Member, option to go on 1-on-1 dates set up by SW; and
  • No guaranteed minimum number of events/dates.

1.2 SW reserves the right to schedule and reschedule the coaching sessions / events / dates on such dates and at such frequency as it deems appropriate. Once attendance of a coaching session / event / date is confirmed by Member, and Member subsequently cancels or fails to turn up for the coaching session / event / date without informing SW in writing at least 24 hours before the event, Member will be deemed as having forfeited the entitlement to the missed coaching sessions / events / dates.

1.3 Any cancellations / changes to a coaching session / event / date less than 24 hours before will be subject to a late cancellation fee of CHF30. Failure to show up for the coaching session / event / date without contacting SW (before the date) to cancel or reschedule will be subject to a No Show charge of CHF60.

2. ELIGIBILITY

2.1 To be eligible for membership, an individual has to be:

  1. 20 years old and above;
  2. legally single or able to prove that he/she is currently in the process of a divorce;
  3. not convicted of any offence, or subject to any court order relating to assault, violence, sexual misconduct or harassment;

Any breach of any of the above conditions automatically renders this Agreement null and void.

2.2 We reserve the right to refuse any application to become a Member based on our sole discretion.

3. CONFIDENTIALITY AND PRIVACY

3.1 SW takes confidentiality and privacy of Members very seriously. All personal details provided to us will be kept strictly confidential and will not be disclosed to any third parties without Member’s consent, except in connection with background and marital status checks, or otherwise as required by legal authorities. If any third parties are used in respect of background checks or other services, such third parties will be subject to similar confidentiality obligations.

3.2 Membership status with SW will also be kept strictly confidential and will not be disclosed to other Members or matches unless we obtain approval from the Member to do so.

3.3 Similarly, all Members undertake to keep confidential and not disclose to any third parties any information, data, personal information of other Members, business secrets, business know-how or other confidential information of SW that Members may receive or be exposed to as a Member.

4. PAYMENT OF MEMBERSHIP FEE

4.1 All Fixed Fees must be paid in full prior to the commencement of the membership and attendance of any dates / coaching sessions / events.

4.2 In the event that Fixed Fees are not paid in full despite more than 3 written reminders from SW to make payment, the membership will lapse automatically upon the expiration of 6 months from initial payment and there will be no refund of fees paid.

4.3 Unless otherwise agreed by SW, all memberships will commence upon the earlier occurrence of either (i) Member’s attendance of first event / date / coaching session; or (ii) expiration of 30 days after SW’s receipt of full payment of fixed membership.

4.4 Member agrees that in the event the Member enters into a legal marriage directly as a result of a match provided by SW, Member agrees to pay the Success Fee within 30 days of the date of the legal marriage and provide a written testimonial to SW. Notwithstanding the foregoing, SW has the option to waive the Success Fee in consideration of Member’s consent to use his/her success story in SW’s website, articles, and other publications.

5. MEMBER’S OBLIGATIONS

Upon signing this Agreement, a Member warrants the following:

  1. That all information and data (marital status, number of children, employment status and details, income level, educational background, state of medical and mental health, any past and present criminal records or pending lawsuits, and any other information that may be relevant to the matchmaking process) provided to SW is true, accurate, current and complete, and in the event of any change of such information, the Member will inform SW of such updates as soon as reasonably practicable; and
  2. That, in all dealings with SW and the other Members, the Member will conduct himself/herself in an ethical and respectful manner that is consistent with SW’s beliefs and membership rules, and will not transmit or otherwise perpetrate any offensive, abusive, derogatory, profane, sexually oriented, threatening, harassing, racially offensive, defamatory, illegal or otherwise objectionable material. Member also warrants that he/she will not engage in any inappropriate behaviour, disclose other members’ private information, harvest or collect personal information about other clients or candidates, whether or not for commercial purposes, without their consent.
  3. While SW strives to give its best performance to all its clients, we request that Members respect the matchmakers’ privacy and personal time and try to keep ad hoc requests and communication within official working hours (Mondays to Fridays, 10am-7pm).
  4. Additional personalized services (“Additional Services”) are available to clients based on Members’ needs. Additional Services may include, but are not limited to, image consulting, personal shopping and/or dating and relationship coaching. The fee for Additional Services is charged at an hourly rate depending on the seniority of the matchmaker is engaged, and payment is to be made within 14 days of invoice. The Member is not required to purchase Additional Services as a condition of entering into this Agreement.
  5. Miscellaneous expenses may be incurred by SW in carrying out matchmaking services. Such expenses may include purchasing products and services on Member’s behalf, international travel expenses, international search expenses, background check expenses, special delivery charges, overseas telephone charges, additional administrative charges and other relevant charges. These charges will be communicated to the Member for his/her approval before they are incurred. The expense reimbursement requests will be sent to Member periodically with appropriate documentation. The Member agrees to reimburse SW for these expenses within 14 days of receipt of invoice.
  6. SW reserves the right to terminate any membership without refunds if any Member has breached any of the above warranties and conditions.

6.DISCLAIMER

6.1 SW is fully committed to support quality singles in meeting each other. However, Members need to understand the limitations of our responsibility and the limitations of our knowledge of the backgrounds of our members (especially for scouted members), and Members are strongly advised to use discretion and follow all applicable safety precautions when interacting with other Members or other individuals. As a condition of becoming a member of SW, Member agrees that he/she will not hold SW responsible for any damages whatsoever, whether direct, indirect, consequential, and/or incidental, arising out of or relating to any act or omission in connection with any other Member or any other third parties, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members of this service or persons met through SW. To the extent SW’s liability is not successfully excluded under this clause, our liability shall be limited to the total fees paid by Member under this Agreement.

6.2 SW also makes no warranty that the service provided will meet Member’s requirements and/or expectations, and/or that any the provision of our services will lead to a successful match, relationship, or marriage. To the maximum extent allowed under laws, SW expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranty of satisfactory quality or fitness for a particular purpose of the service.

7. TERM AND TERMINATION

7.1 If the Member is of the opinion that SW has failed to provide the services as described in the relevant part of Clause 1.1, the Member is entitled to terminate his/her membership and obtain a refund in accordance with Clause 8.2 provided always that the intention to terminate is communicated to SW within 5 working days of the 1st event / date / coaching session attended by the Member.

7.2 If the Member at any time becomes dissatisfied with the service provided by SW for any reasons other than set out in Clause 7.1, the Member’s only recourse is to immediately terminate his/her membership and give SW notice of such termination. In such event, all membership fees paid by the Member will be forfeited and SW will promptly remove all his/her personal data from our database and records upon being notified of such termination.

7.3 SW reserves the right, in its sole discretion, to terminate the membership at any time without the obligation to provide any reason. In the event of termination of this Agreement by SW without any default by the Member, SW will provide a pro-rated refund of the membership fees paid (LESS the administrative fee of CHF350 for Membership (P) or CHF700 for Membership (E)). In the event of termination of this Agreement by SW due to Member’s breach of the eligibility requirements under Clause 2.1 or warranties under Clause 5, all membership fees paid by the Member shall be forfeited.

8. REFUNDS

8.1 3-day free look period: Members shall have the right to cancel his/her membership within 3 working days from the date of first payment of any part of the Fixed Fee, and SW will refund the membership fees paid LESS the administrative fee of CHF350 for Membership (P) or CHF700 for Membership (E).

8.2. If a Member terminates the Agreement in accordance with Clause 7.1, SW will refund 50% of the fees paid (LESS the administrative fee of CHF350 for Membership (P) or CHF700 for Membership (E)). The preceding sentence sets forth the Member’s sole and exclusive remedy regarding any allegation of non-performance of this Agreement by SW.

8.3 Mode of refund will be by bank transfer or cheque. Refunds will be processed within 30 days upon final management approval. Telegraphic transfer charges, if any, will be borne by the client.

9. FREEZE PERIODS AND RESUMING OF SERVICES (MEMBERSHIP (E) ONLY)

9.1 Included in Membership (E) is an optional freeze period which the Member may utilize if he/she begins to date someone exclusively and would like to hold off meeting new candidates. It is the Member’s responsibility to inform SW in writing of the decision to commence a freeze period and SW will Freeze the membership and extend the expiry date accordingly.

9.2 The onus is also on the Member to inform SW in writing if the Member decides to resume the membership after a freeze period.

9.3 The freeze period is to be applied in blocks of 2 weeks at a time. A Member may freeze his/her membership for longer than 2 weeks at a time, but it must be in 2-week blocks (e.g. 6 weeks, 12 weeks) provided that the total freeze period must not exceed the pre-agreed maximum number of weeks.

9.4 If no notification is given to SW, the membership will expire on the expiry date that was stated upon commencement of the membership. If notification was given to freeze the membership, but no notification was given to resume the membership, the membership will automatically resume after the freeze period has expired. The membership will then expire on original expiry date + freeze period.

10. PERSONAL DATA PROTECTION – CONSENT CLAUSE

Member expressly consents that SW may collect, obtain, store, disclose and process his/her personal data that is set out in his/her profiling form and/or provided by Member during profiling sessions, and/or otherwise possessed by SW, for one or more of the purposes as stated below:

  1. To the relevant governmental authorities or third parties for background and marital status checks or where required by law;
  2. For providing the services signed up for including but not limited to administration, membership servicing, matchmaking, and dating consultancy;
  3. For sending Member marketing updates, invitations to events, information on new products and service offerings, promotions, and updates.

In addition, SW reserves the right to transfer a Member’s personal data to any related company of SW which may involve sending the data to a location outside Switzerland (E.g. our servers, offices outside Switzerland). If a Member wants to update or correct his/her data, he/she may at any time request to have access to his/her personal data that is stored by SW.

11. EXCLUSION AND LIMITATION OF LIABILITY

In no event will SW be liable for any consequential, indirect, exemplary, special, or incidental damages arising from or relating to this Agreement. SW’s total cumulative liability in connection with this Agreement, whether in contract or tort or otherwise, will not exceed the aggregate amount of Membership Fees actually paid by Member to SW for services performed under this Agreement.

12. LAWS

This Agreement is governed by the laws of Hong Kong.



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