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MEMBER TERMS AND CONDITIONS

ATTENTION: YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER ON OR USE THIS WEBSITE. ACCESS OR USE OF THIS SITE OR ITS CONTENTS BY ANY PERSON UNDER THE AGE OF 18 IS STRICTLY PROHIBITED

These Terms are issued by Mybeat Interactive (Pty) Ltd (the "Company") for the provision of the Flirtnet services (the "Service") that belongs to the Company.

Please read this Member Terms and Conditions Agreement (the "Agreement") carefully. The Agreement sets out the terms under which the Service is provided to you by us and applies to the entire contents of the Website and the mobile Website under the domain name flirtnet.co.za including the entire contents of the Service's SMS messaging system (the "Website") and to any correspondence by SMS or email between you and us. Please read this Agreement carefully before using this Website. By registering with the Service, you become a Member (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. Visitors to the Website (including visitors the mobile website and SMS system) who do not register as a member also agree to be bound by these Terms. If you do not agree to the Terms, please do not register for the Service or otherwise access or use this Website.

1. INTRODUCTION

1.1 By accessing any part of the Website, you shall be deemed to have accepted the Terms in full. If you do not accept these Terms in full, you must leave the Website immediately.

1.2 You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Website.

1.3 The Company makes no guarantee that the Website will be secure, continuously accessible - without interruption or delay - and completely error free 100% of the time. The Company accepts no liability or responsibility for any breaches of security, interruptions or delays, or errors, which you might experience on the Website other than as set out in these Terms.

1.4 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.

1.5 The Company reserves the right to modify or withdraw, temporarily or permanently the Website (or any part of it) with or without notice and shall not be liable to you or any third party for any modification or withdrawal of the Website.

2. OUR RIGHTS

2.1 We reserve the right at any time to:

2.1.1 Change the terms and conditions of the Agreement;

2.1.2 Change the Website, including eliminating or discontinuing any content on or feature of the Website; or

2.1.3 Change any membership fees or charges for using the Website.

2.2. Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Website, sms or email. Your use of the Website after such notice will be deemed acceptance of the changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.

3. REGISTRATION

3.1 To become a Member you must register with us. When and if you register to become a Member, you agree to provide accurate, current and complete information about yourself as prompted by our registration form ("Registration Data"), and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your Registration Data as accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Website.

3.2 When you register, we will require that you provide sufficient information to indicate that you are at least 18 years old. By becoming a Member, you represent and warrant that you are at least 18 years old, which is the minimum required age to become a Member. However, we cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Website by persons under the age of 18 in violation of these Terms.

3.3 Either you or the Service may terminate your Membership at any time, for any reason, effective upon sending written notice to the other party. All Membership fees paid are non-refundable. We reserve the right to immediately suspend or terminate your access to the Service, without notice, upon any breach of this Agreement by you, which is brought to our attention.

3.4 Your Membership in the Service is for your sole, personal use. You may not authorise others to use your Membership, and you may not assign or otherwise transfer your account to any other person or entity

4. USERNAME AND PASSWORD

4.1 As part of the registration process, you will be asked to select a username/nickname and password. We may refuse to grant any username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You are responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, available at the My Profile Page after logging on to the Service Website, and immediately notify us by emailing us. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT and for restricting access to Your computer to prevent unauthorised access following registration.

5. PAYMENT

5.1 Our fees are as set out in our Website from time to time. Fees are due in full in advance and are payable in accordance with one of the following structures. Your fees are A. payable on a recurring subscription daily/weekly/monthly basis depending on the billing frequency you opted for; or B. payable in advance if you have opted for lifetime membership where one payment is due in advance; or C. payable on a per message basis if you opted to pay per message; or D. payable on a recurring subscription daily/weekly/monthly basis depending on the billing frequency you opted for plus an additional per message cost.

5.2 As a Member accessing the Service from your mobile phone, you must obtain permission from the bill payer before using the Service.

5.3 As a member accessing the Service from your mobile phone, you agree and understand that all SMS messages sent and/or received in relation to the Service are charged at premium rates. Rates are published in our adverts or in our Website and may change from time to time. You accept that free SMS packages and free minutes from the cellular operators / carriers do not apply. Standard cellular operators MMS rates apply when sending in photographs and standard WAP GPRS rates apply for all data generated when accessing and utilising the Service.

5.4 Upon registering for the Service you will be sent a confirmation message by SMS or e-mail, which contains your confirmation. You must keep a copy of this information as this includes detail of what is required if you want to cancel your agreement.

5.5 Once you have started using the Service you shall not be entitled to any refund unless there is an error in the operation of our program or processes that results in the Service being unavailable for 48 hours or more in any one consecutive period. If you feel that the Service have been defective in any way you must contact our Support Team on the Website, with your reasons for claiming a refund plus a copy of your user registration details and mobile number or email address id Number (without this we will be unable to help).

5.6 Where we agree to a refund, the refund will be made within 30 days of your application. If a refund is granted then this will be on a pro-rated basis for how long you have used the membership. A small administration charge will be deducted from the amount paid.

5.7 In the event that:

5.7.1 we are unable to process your payment details within three days of the due date;

5.7.2 your payment is refused; or

5.7.3 your payment is not cleared the Service will terminate automatically.

6. ONLINE CONDUCT

6.1 As a Member, you agree that:

6.1.1 You are solely responsible for the content or information you publish or display (hereinafter, "post") on the Service, or transmit to other Members.

6.1.2 You will not post on the Service, or transmit to other Members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please notify us by writing or by sending an email to our Support Team using the Contact form on the Website of any material contained in the Service that you believe infringes these rules.

6.1.3 You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any telephone numbers, street addresses, last names, URLs, email addresses, offensive references, or offensive language, or any confidential information of any third person, and you will not post any photographs or other images containing personal information. The Service reserves the right, but has no obligation, to reject any profile or photograph or image that does not comply with the following prohibitions:

(a) You will not impersonate any person or entity;

(b) You will not "stalk" or otherwise harass any person;

(c) You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters, spam or junk email to other Members;

(d) You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent;

(e) You will not harvest or collect personal information about other members whether or not for commercial purposes, without their express consent;

(f) You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;

(g) You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;

(h) You will not remove any copyright, trademark or other proprietary rights notices contained in the Website;

(i) You will not interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or the Website;

(j) You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(k) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;

(l) You will not "frame" or "mirror" any part of the Website, without our prior written authorization. You also shall not use metatags or code or other devices containing any reference to the Service or the Website in order to direct any person to any other Web Website for any purpose;

(m) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website or cause others to do so;

(n) You are solely responsible for your interactions with other Members. The Service reserves the right, but has no obligation, to monitor disputes between you and other Members;

(o) We do not exclude any liability for death or personal injury due to our negligence.

7. INDEMNITY BY MEMBER

7.1 You agree to indemnify and hold harmless the Company against all claims, expenses and costs (including legal costs) incurred or suffered by us as a result of or in connection with (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Website unless as a result of your compliance with our requirements.

8. ONLINE CONTENT

8.1 Opinions, advice, statements, offers or other information or content made available through the Service are those of their respective member-author and not of the Service, and should not be relied upon. Such Members are solely responsible for such content. The Service does not guarantee the accuracy, completeness or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will the Service be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service or transmitted to Members.

8.2 The Website may contain links to other websites or resources operated by parties other than the Company. The Company's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. You acknowledge and agree that we shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other websites or for the operation or policies of any such websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such Websites or such content or other information.

8.3 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave the Website. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

9. WARNING - PLEASE READ:

9.1 It is possible that other Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. The Service is not responsible for the use of any personal information that you may disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.

9.2 The Service reserves the right, but has no obligation, to monitor the materials posted in any area of the Service. The Service shall have the right but not the obligation to remove any such material that violates, or is alleged to violate, the law or this Agreement. Notwithstanding this right of the Service, you remain solely responsible for the content of the materials you post in any area of the Service and your private email messages. Emails sent between you and other members that are not readily accessible to the general public will be treated as private by the Service to the extent required by applicable law and pursuant to the commercially reasonable efforts of the Service.

10. PROPRIETARY RIGHTS

10.1 The Website, its design, layout, look, appearance and graphics and any necessary software used in connection with the Service and the Website is the exclusive property of the Company.

10.2 Any content contained in sponsor advertisements or any information presented to you through the Website is protected by copyright, trademarks, service marks, patents or other proprietary rights.

10.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website are owned by [or licensed to the Company]. In addition, other Members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display or sell any such proprietary information.

10.4 By posting information or content to any area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Service and other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display 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 sublicenses of the foregoing.

TRADEMARK NOTICES

10.5 Flirtnet is the trademark of the Company. All other trademarks, logos, service marks, company or product names set forth in this Website are the property of their respective owners.

COPYRIGHT POLICY

10.6 We respect the intellectual property of others, and we ask our Members to do the same. If you believe that a copy of your work is available on the Website without your consent or that a copyright infringement has otherwise occurred, please supply us with the following information:

10.6.1 A description of the copyrighted work that you claim has been infringed;

10.6.2 Details of where the infringing material is located on the Website;

10.6.3 Your address, telephone number and email address;

10.6.4 A statement by you that you believe in good faith that the use of the work on the Website is not authorized by the copyright owner or any person entitled to act on their behalf or by law; and

10.6.5 An affidavit executed by you that the information you provide concerning the copyright infringed is accurate and that you are the copyright owner authorized to act on their behalf.

11. INFORMATION SUPPLIED BY MEMBER

11.1 We will respect your personal information and undertake to comply with all applicable data protection legislation in South Africa and other jurisdictions in which we offer the Service, subject to the Privacy Policy of the Service.

11.2 The personal information (including sensitive personal information) you provide to us will be stored on computer. You consent to us using this information to build up a profile of interests, preferences and browsing patterns and to allow you to participate in the Service. All Members also agree to uphold and maintain our Privacy Policy and to the terms and conditions thereof.

12. DISCLAIMER OF WARRANTY

12.1 By entering the Website you agree that under no circumstance will the Company or its agents, partners, officers or employees be held liable or responsible for: any content contained on or omitted from the Website; any person's reliance on any such content, whether or not the content is complete, current or correct; any viruses or defects that may be found to exist on the Website.

12.2 The Company will not be liable or responsible for any damage or loss caused as a result of your doing, or not doing, anything as a result of reading, viewing or listening to any material, or any part of it, on the Website.

12.3 The Company is not liable or responsible for any inaccuracies, errors (including typographical errors) or omissions, or for the results obtained from the use of the Website or its content. THE SERVICE AND THE SITE IS PROVIDED ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH THE SERVICE OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE. THE SERVICE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SERVICE DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE OR OTHER SERVICE, INCLUDING COVERAGE, RANGE, OR ANY INTERRUPTION IN TELEPHONE OR OTHER SERVICE.

12.4 The views expressed on the Website do not necessarily reflect the views of the Company. All content, and any advice received via the Website, are not intended, and should not be relied upon, for any personal, professional, legal, or religious decisions you may wish to make. Instead you should consult an appropriate professional in order to obtain specific advice tailored to your situation.

12.5 Material on the Website may be susceptible to data corruption, interception and unauthorised amendment for which the Company does not accept liability or responsibility. The Company does not accept liability or responsibility for the presence of any computer viruses contained in any material on the Website, whether it is read, viewed, listened to, copied, downloaded, printed or accessed in any other way. The Company does not accept liability or responsibility for any losses caused as a result of any computer viruses contained in any material on the Website.

12.6 Advertisements (including banner adverts, SMS and MMS adverts, email adverts and pop-ups) featured on the Website or via email, SMS or MMS do not imply endorsement of the services or products advertised. The Company will not be liable or responsible for services or products advertised nor will the Company be liable or responsible for any damage to your computer equipment, software, data or other property as the result of your viewing, or responding to, advertisements (including banner adverts and pop-ups) featured on the Website.

12.7 The Company does not guarantee that the Website will be compatible with all hardware and software that may be used by you. The Company will not be held liable or responsible for any damage to your computer or mobile phone equipment, software, data or other property as the result of your access to, use of, or browsing of any material on the Website.

12.8 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you shall be responsible for all costs thereof.

12.9 Nothing in these Terms shall exclude any liability of the Company, which cannot be excluded or limited under applicable law.

12.10 Subject to Clause 11.9 you enter the Website entirely at your own risk and if you are dissatisfied with any portion of the Website, or with any of these Terms of use, your sole and exclusive remedy is to discontinue using the Website.

13. LIMITATION OF LIABILITY

13.1 THE SERVICE IS NOT BE LIABLE TO YOU FOR ANY indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE WEBSITE and we shall have no liability to pay any money to you by way of compensation other than to refund you the amount paid by you for the SERVICES.

13.2 In addition, the Service disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or users (including unauthorized users, or "hackers") of the Service.

13.3 Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.

13.4 We shall have no liability to you for any failure to provide the Service to you if caused by any event or circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.

13.5 Although we have limited our liability in this Clause 12 nothing in these Terms limits our liability for death or personal injury caused by our negligence and nothing affects your legal rights.

14. COMPLAINTS

14.1 To resolve a complaint regarding the Service or the Website, you should contact the Service Customer Support using the Contact for on the Website.

15. INVALIDITY

15.1 If any part of this Agreement is unenforceable including any provision in which we exclude our liability to you the enforceability of any other part of these conditions will not be affected.

16. PRIVACY

16.1 You acknowledge and agree to be bound by the terms of our privacy policy and Website terms and conditions.

17. GENERAL PROVISIONS

17.1 The Company may assign the Agreement or subcontract any or all of its rights and obligations under the Agreement. You may not assign, transfer, charge or deal in any other manner with the Agreement or any of its rights under it without the prior written consent of the Service.

17.2 The Agreement shall terminate immediately and without notice if you breach any of the Terms, subject to the survival of all rights and reservations of the Service.

17.3 A person who is not a party to this agreement has no right to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available.

17.4 These terms and conditions, their validity, existence or termination, or any other disputes arising in relation to these terms and conditions shall be governed and/or determined in accordance with the law of the Republic of South Africa. As a member you agree to the jurisdiction of the High Court of South Africa (Witwatersrand Local Division) in respect of any disputes relating to these terms and conditions.

17.5 These Terms together with our current website prices, contact details and privacy policy set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation we shall have no liability for any such representation being untrue or misleading.

17.6 Unless otherwise explicitly stated, the Terms will survive termination of your Membership to the Service.

17.7 If any part of these terms and conditions are unenforceable including any provision in which we exclude our liability to you the enforceability of any other part of these conditions will not be affected.

17.8 The Member certifies that the Member has read and agrees to be bound by these Member Terms and Conditions.

These Terms are issued by Mybeat Interactive (Pty) Ltd whose Registered Office is at 129 11th Street, Parkmore, Sandton, 2196 (Company Registration No. 2001/009/269/07).


Privacy Policy

We take your privacy seriously. We follow the procedures set out in this policy when using your information.

By using this Website to give us your information you accept the terms of and consent to us using your information in accordance with this policy. We will notify you of any changes to this policy by posting them on the Website.

You should read this privacy policy in conjunction with our Member Terms and Conditions.

Information Collected

If you use the Service or if you contact us with an enquiry we will collect information about you including your name, persons information (e.g. profile information, interests, likes, Ö), photographs, contact details including your e-mail address, mobile number, mobile phone operator and/or your credit or debit card information. We will use this information to deal with your enquiries, supply the services to you, operate your membership account and contact you where necessary about the Service.

Use of Information

You accept that the information collected by us may be used for the purpose of promoting other dating / community websites.

The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by our staff in South Africa, staff who operate outside the EEA who work for us, or by those who provide services to us. Such staff maybe engaged in, among other things, the processing of your membership details and the processing of your payment details. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

We may also share your information with third parties where necessary to provide Services to you. We may pass aggregate information on the usage of our Website to third parties but this will not include information that can be used to identify you.

We will not share your information with any third party for marketing purposes without your consent.

We may from time to time send you SMS messages, MMS messages, emails from third parties of promotions that we fill will be of benefit for you to the Email or mobile number you provided us with. You may unsubscribe to these at any time.

We will also send you e-mails and/or SMS's in relation to one or more of the following (but not limited to such):
  • providing you with your user registration details;
  • confirming payment;
  • notifying you that someone has looked at your profile;
  • notifying you of messages to you from other members;
  • notifying you of cards;
  • notifying you that someone has added you to their favourites;
  • notifying you of changes to your membership, our Member Terms and Conditions or the Website.

Your e-mail address or mobile number will not be made available to any other members who use the Service. All communication between members is via the Website through an internal mailbox or via SMS. You will be notified of any communications in the internal mailbox to you via email address or by SMS when applicable.

We do our best to ensure that all information held relating to you is kept up-to-date, accurate and complete. However we also rely on you to notify us if your information requires updating or deleting.

You may ask us to make any necessary changes to ensure that it is accurate and kept up to date by sending an e-mail to our Customer Support Team. We will respond to requests from you to update or delete your information in an efficient and timely manner. Alternatively you can update your information at any time from within your account.

Use of Cookies

Unless you have indicated your objection when disclosing your information to us, our system will issue cookies to your computer or mobile phone when you log on to the Website. Cookies are small amounts of information regarding your browsing habits, which we store on your computer. Cookies make it easier for you to log on to and use the Website during future visits. They also allow us to monitor Website traffic and to personalise the content of the Website for you. You may have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but if you prefer you may be able to modify your browser settings to decline all cookies, or to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis. If you choose to decline cookies, however, that may hinder the performance of the web Website. For specific details about how to configure your browser you should refer to its supplier or manufacturer.

Security

We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage.

We will retain your information for a reasonable period or as long as the law requires. You are entitled to receive a copy of your personal data and we are entitled to charge you a fee of R100.00 for this.

All comments, queries and requests relating to our use of your information are welcomed and should be addressed to:

Mybeat Interactive (Pty) Ltd, 129 11th Street, Parkmore, Sandton, 2196 (Company Registration No. 2001/009/269/07)
Tel. 011 883 7595
Fax. 011 507 5407
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