Macbeth Matchmaking Terms and Conditions
By joining Macbeth Matchmaking as a member you are entering into a contract based on these terms and conditions. Payment of the joining fee is acceptance to these terms and conditions.
Macbeth Matchmaking may change these terms and conditions from time to time. The most recent version of these terms and conditions will always appear on this page. Your continued use of Macbeth Matchmaking’s services will constitute acceptance of such changes.
ARTICLE 1 – ENGAGEMENT
The Client acknowledges that he or she has met with a representative of Macbeth, who has generally explained the Matching Services to the Client and has gained an initial understanding of the Client’s general preferences in respect of a Partner. The Client agrees to engage Macbeth to provide the Matching Services during the Membership Period (as explained in the next paragraph).
The “Membership Period” shall begin on the 8th calendar day after the signing of this contract (the “Start Date”). During this 7 days period, Macbeth will send a copy of the Client registration form and an invoice for the Matching Services Fees (the “Fees”), which are set out in the attached Schedule. The Membership Period shall end on the day that is 12 months after the Start Date. No Matching Services will be provided until the Fees have been paid in full by the Client to Macbeth, unless partial installments have been agreed by the parties.
The Client chooses its package of Matching Services together with the applicable Fees (described in the Schedule) by ticking the appropriate box in Article 10 of this contract.
ARTICLE 2 – CLIENT’S RIGHT TO REVOKE
(a) Initial Right to Revoke
After the Client has signed and returned this agreement to Macbeth, the Client has 7 calendar days (the “Grace Period”) to revoke this agreement by notifying Macbeth by e-mail or in writing. No Fees are due until after the expiry of the Grace Period.
ARTICLE 3 – PROCESS
(a) Step 1: Registration and Creation of Profile
Macbeth will send the Client a link to access an online registration form as well as an invoice for the Matching Services Fees. The Client will complete the online registration form and will provide Macbeth with at least one good quality, recent photograph of himself or herself. Once the Client has completed the registration form, and after full payment of the Fees, Macbeth will create an attractive and confidential profile of the Client, upon which the Client will be considered registered and active in the confidential Macbeth database (also referred to as “Active Membership”).
(b) Step 2: Selection and Submission of a Proposal
As soon as the Client has an Active Membership, Macbeth will start its selection process in respect of a Partner for the Client.
A profile (without any name or contact details) of a Partner selected by Macbeth will be proposed electronically or by phone to the Client for consideration. At the same time, the Client’s (anonymous) profile will be submitted to such proposed Partner.
Macbeth shall obtain general information on all of its clients and will use its reasonable best efforts to ensure that only relevant and compatible matches are proposed. In order for the matching process to work, the Client will be asked to meet all of the proposed introductions for a first meeting coordinated by Macbeth.
(c) Additional Proposals
Within the Membership Period, the procedure outlined in Section (b) of this Article 3 will be repeated when requested by the Client.
Macbeth does not guarantee a minimum number of Partner proposals or first meetings during the Membership Period due to various factors which include individual preferences, schedule availability and sociability.
We will endeavour to estimate a number based upon the information you provide at the initial meeting. This number is intended as a guide only and under no circumstances will it constitute a binding promise.
ARTICLE 4 – CLIENT UNDERTAKINGS
The Client undertakes:
(i) to provide Macbeth with true and correct personal information including identity, background and current relationship status,
(ii) to disclose any criminal convictions to Macbeth, with the understanding that this will jeopardize the membership application,
(iii) to swear that he/she is not an employee of, or in any way associated with another introduction or dating agency,
(iv) to not make disparaging statements (either verbally or in writing) about Macbeth or any Macbeth client or employee to any third Party,
(v) to treat any and all proposed Partners with dignity and respect,
(vi) to refrain from causing nuisance, inconvenience or anxiety to any other candidate, client or employee of Macbeth, or contact them following a request not to do so,
(vii) to keep all information provided by Macbeth confidential and to refrain from sharing with or passing to any other third party, the proposals and/or other information provided by Macbeth or a Macbeth client.
(viii) you are at least 18 years old.
(ix) you are single or separated from your spouse.
(x) your personal information is true, accurate and complete
(xi) you are not using and will not use Macbeth Matchmaking services for any commercial purpose.
Your membership will be void if any of the above conditions are broken.
ARTICLE 5 – MACBETH UNDERTAKINGS AND LIMITATION OF LIABILITY
Macbeth undertakes to:
(i) obtain general information on all of its clients,
(ii) attempt to find a suitable Partner for the Client, and
(ii) keep all information provided by the Client confidential and further, to refrain from sharing with or passing on, to any third party (i.e. other than a Macbeth client, partner or employee), such information unless specifically agreed by the Client.
Macbeth relies on the honesty of its clients in the collection of information and respects its clients privacy. Accordingly Macbeth is not liable for any errors or inaccuracies in any of its clients’ profiles.
Macbeth is not responsible for the Client’s interaction with a Partner or for the conduct or actions of any Partner. Macbeth does not carry out police or background checks of its clients and gives no warranty or representation about the marital status or mental state of any Partner.
The Client must always take sensible precautions before agreeing to meet with a Partner (including arranging any meeting in a public place, telling a friend where the Client is going and not giving out personal information until the Client is comfortable doing so).
The Client exempts Macbeth of any kind if liability with respect to the Matching Services or in any way in relation to this contract, except in the case of willful misconduct or gross negligence by Macbeth.
The Client undertakes to indemnify Macbeth, its employees and directors against all losses, damages, costs, claims, expenses, actions or demands including legal fees arising out of any breach of the Agreement by the Client.
ARTICLE 6 – COMMUNICATION AND SERVICE LEVEL
Following the consultation and upon signature of this contract, the Client will be managed by the Macbeth team. All communications will be conducted via telephone, Skype or email only with the said Macbeth team.
If the Client requires or desires more individual attention and service from Macbeth or believes that he or she would benefit from additional advantages such as coaching or Macbeth’s partnership with other select dating agencies, the Client may choose, at any time, to upgrade the Matching Services, in which case the Fees will be adapted.
ARTICLE 7 – CLIENT SUSPENSION AND TERMINATION RIGHTS
1- Temporary suspension: Provided that he/she informs Macbeth by post, stating the duration and the reason, the Client may temporarily suspend the provision of Matching Services an unlimited number of times, notably with a view to potentially taking a relationship further, to study, to take a holiday, etc. In the event that no communication is received from the Client for more than 3 consecutive months he/she will be considered to no longer require the Matching Services of Macbeth, with service provision consequently definitively ceased and this contract deemed to have been terminated.
2 – Termination of contract:
The Client may terminate this contract at all times. The Client shall be entitled to no refund and termination will result in an acceleration in payment in the event that payment is being made in instalments.
The Member is entitled to rectify any computerized information stemming from the contract and its appendices.
ARTICLE 8 – EXPIRY OF THE MEMBERSHIP PERIOD
(a) Renewal of Active Membership
After expiry of the Membership Period, the Client may choose to renew his/her Active Membership by signing a new contract, which contract may have terms different from those hereunder.
(b) Transition to Watch List Membership
If, after expiry of the Membership Period, the Client (i) is not in a relationship with a Partner, and (ii) has not chosen to renew his or her Active Membership, the Client shall be granted Watch List Membership (as explained below) at no additional cost to the Client.
“Watch List Membership” means that Macbeth is not actively searching for a Partner for the Client. However, the Client’s profile remains in the Macbeth client pool and, in the event that Macbeth comes across a Partner for the Client, Macbeth will send a confidential proposal to the Client by e-mail. Should such proposal be accepted by both the Client and the proposed Partner, Macbeth will coordinate a first meeting.
(c) “Cancellation Watch List Membership”
During Watch List Membership the Client should notify Macbeth should he/she meet someone him/herself so that the Watch List Membership can be put on hold or suspended. Watch List Membership can be cancelled at any time. Such termination is to be notified in writing.
ARTICLE 10 – PAYMENT
Your membership is conditional upon the payment of your selected package. Fees vary depending on the level of membership you choose, and you will be given this information before joining. Fees, services and renewal options may be amended from time to time by Macbeth Matchmaking but you will be notified in advance of such changes.
ARTICLE 11 – RIGHT OF MACBETH TO TERMINATE
In the event that the Client violates any of his or her undertakings hereunder, Macbeth shall be entitled to immediately terminate this agreement without any further notice and, upon such termination, (i) no Fees shall be reimbursed to the Client, and (ii) the Client shall remain liable for any and all amounts payable to Macbeth hereunder.
ARTICLE 12 – ONGOING DUTY OF CONFIDENTIALITY
Termination of this contract shall not relieve either party hereto from their respective obligations to keep information exchanged between them confidential.
ARTICLE 13 – APPLICABLE LAW AND JURISDICTION
This contract shall be subject to Swiss law.
Any dispute arising out of or in relation with the present contract shall be submitted to the courts of Geneva, Switzerland.
ARTICLE 14 – GENERAL PROVISIONS
Notices. All notices that either party is required or may desire to serve upon the other party shall be in writing and addressed to the party to be served at the respective addresses set forth on the first page of this contract and shall be sent via Express Mail or private express courier service with confirmed receipt and will be effective upon receipt (unless the parties are notified in writing of a change in address, in which case notice will be sent to the new address).
b. Entire Contract. This contract together with its Schedule constitute the entire understanding and contract between the parties with respect to the transactions contemplated, and supersedes any and all prior or contemporaneous oral or written representation, understanding, contract or communication between the parties concerning the subject matter hereof. Neither party is relying upon any warranties, representations, assurances, or inducements not expressly set forth herein.
c. Waiver. No waiver of any provision of this contract or any rights or obligations of either party hereunder shall be effective, except pursuant to a written instrument signed by the party waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
d. Force Majeure. Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section (i) shall have given the other party prompt written notice thereof and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this section extends for a period in excess of thirty (30) days in the aggregate, either party may immediately terminate this Contract.
e. Headings. The section and paragraph headings appearing in this contract are inserted only as a matter of convenience and in no way define, govern, limit, modify or construe the scope or extent of the provisions of this contract to which they may relate. Such headings are not part of this contract and shall not be given any legal effect.
f. Amendments and Severability. No amendment or modification of this contract, nor any waiver of any rights, will be effective unless assented to in writing by the party to be charged, and the waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default. In the event that any provision of this contract should be found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained shall not, in any way, be affected or impaired thereby.
g. Assignment. This contract shall be binding upon and inure to the benefit of each party’s successors and assigns. The Client may not assign this contract, in whole or in part, without Macbeth’s prior written consent. Macbeth may assign this contract, in whole or in part, to an affiliated company (i.e. a company that controls Macbeth, is under the control of Macbeth or is under common control as Macbeth), provided that Macbeth must provide at least 30 days of prior written notice to the Client of any such assignment. Any attempt to assign this contract other than in accordance with this provision shall be null and void.
h. Construction. In the event that any provision of this contract conflicts with the law under which this contract is to be construed, or if any provision is held invalid by a court of competent jurisdiction, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of this contract shall remain in full force and effect. There shall be no presumption for or against either party as a result of such party being the principal drafter of this contract.