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
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.
1.1 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
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
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
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.
5.1 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
5.7 In the event that:
5.7.1 we are unable to process your payment details within three days of the due
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
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
(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
(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
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.
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.
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
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
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
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.
14.1 To resolve a complaint regarding the Service or the Website, you should contact
the Service Customer Support using the Contact for on the Website.
15.1 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.
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
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
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).
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.
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
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
We will not share your information with any third party for marketing purposes without
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
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
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.
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