Terms & Conditions
MYMATCH.MOBI ("the Company") provides the information contained on this website and the pages comprising the website ("Website") and advertises and provides the dating service and other Premium Functions, subject to the terms and conditions set out herein and as may be referenced herein ("the Terms"). For the purposes of these Terms, "dating service" means a service which enables users of the Website to meet each other and Premium Functions means the additional functions available via the Website.
1. Acceptance
By accessing the Website, you agree to be bound by the Terms. The Company may at any time modify any of the Terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the Website. Each time you access the Website you agree to be bound by the Terms, as may be modified from time to time.2. Eligibility
You must be 18 years or older to use the Website, the Dating Services and the Premium Functions. By accessing the Website, you warrant that you are 18 years or older and have the right, authority and capacity to enter into and comply with the Terms. The Company shall be entitled at any time to request verification of a user’s age.Notes on the safe use of contact and dating services – please read the following carefully before making use of this service:
- Please be aware of the risks involved when using contact and dating services to share your personal information. Be aware at all times of the types of information you are sharing and with whom.
- It is in your best interest to limit the amount of personal information you give to other members of this service, particularly information which can be used to personally identify you (e.g. your full name, email address, telephone number and home address). Avoid sharing this type of information with people you meet online.
- Should you choose to meet another member of the service offline, take all reasonable precautions to ensure your safety – it is advised that you arrange any meetings in a public space and inform a friend or family member of your whereabouts prior to the meeting.
- Never share sensitive personal information using this service. Examples of sensitive personal information include your identity number, bank account details or credit/debit card details. The service provider will never ask you to share these details. Should any other member request this information from you, you are advised to block them using the blocking feature available on the service and to contact customer support if you feel your sensitive information may have been compromised.
3. Membership and Subscription
3.1 Basic membership of the Dating Service is free of charge.3.2 A user will be able to delete his/her profile via the settings page. In addition, when so requested by a user, the Company will remove a user’s details within 24 hours of a request for such removal. This can be done by contacting [Support@lovemachine.co.za]
3.3 Further, when so requested, the Company will remove all your details from the Website within 24 hours of receipt of your request.
3.4 In order to enjoy the benefits of a premium account, users are able to purchase a weekly subscription. This subscription costs R3 per day.
4. Termination Of Membership
4.1 The user may cancel his/her membership at any time.4.2 The Company may suspend or terminate the membership of any user who violates the Terms.
4.3 No refunds will be made on termination of membership for any reason whatsoever
4.4 To cancel the subscription process with immediate effect, a user simply needs to SMS “STOP mymatch” to 30111.
5. Registration and Password's
5.1 In order to use the Dating Service and the Premium Functions, you will need to register. This requires you to provide certain data. You warrant that any data you provide is correct, current and complete. The Company shall not be liable for any inaccurate, false or incomplete data.5.2 The user will also be obliged to choose a Password and Account name. You undertake to ensure that your Password and Account name is not disclosed to any third party and to immediately report to the Company any actual or potential unauthorized access to or use of your Password and/or Account name.
5.3 On receipt of such communication, the Company reserves the right to reject any communication received from you and suspend the processing of any communications and immediately deactivate your Password and/or Account name, as the case may be. You shall thereafter be obliged to refrain from using the Service until such time as you have chosen a new Password and/or Account name, as the case may be.
6. Content
6.1 You are responsible for any content and information you enter on your profile and any communication with other users of the Website.6.2 The Company is not liable for the publication of any user's information, including contact details, pictures and any other personal information. The Company reserves the right to exercise editorial control over profile and picture content.
6.3 The Company does not verify the accuracy or truth of any information published on the Website and all users must exercise caution when dealing with other users of the Website.
6.4 You may not post any offensive content or data on the Website. This includes content that –
6.4.1 contains a visual presentation of explicit violent sexual conduct, bestiality, incest or rape or extreme violence which constitutes incitement to cause harm;
6.4.2 may result in any invasion of privacy;
6.4.3 induces an unacceptable sense of fear or anxiety;
6.4.4 encourages or incites any person to engage in dangerous practices or to use harmful substances;
6.4.5 induces or promotes racial disharmony;
6.4.6 causes grave or widespread offence;
6.4.7 debases, degrade or demeans;
6.4.8 contains offensive language,
6.4.9 directly or indirectly alludes to child pornography or attempts to solicit communication with or on behalf of any person under the age of 18.
6.4.10 is unlawful, threatening, libelous, abusive, harmful, bigoted, racially offensive, obscene or harassing;
6.4.11 that encourages behavior that may constitute a criminal offence, result in civil liability or otherwise violate any law.
6.5 The Company is entitled to –
6.5.1 delete or remove any content or data deemed offensive by the Company; and
6.5.2 excerpt content from profiles, including the users screen name and photo(s), and feature them in promotional material. To this end, the Company shall ask you to use the content and you have a right to say no to such a request.
6.6 Unauthorized commercial use of the Dating Service and Premium Functions is expressly prohibited. The User shall abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under his/her account or password, including the content of any transmissions through the Dating Service and Premium Functions. Without limiting the generality of the aforegoing, the User shall not:
6.6.1 use the Dating Service or any Premium Functions in connection with junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);
6.6.2 harvest or otherwise collect information about others, including email addresses, without their consent;
6.6.3 create a false identity, mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
6.6.4 transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
6.6.5 transmit any material that contains viruses, Trojan horses, worms, time bombs, or any other harmful or deleterious programs;
6.6.6 interfere with or disrupt networks connected to the Dating Service or violate the regulations, policies or procedures of such networks;
6.6.7 attempt to gain unauthorized access to the Dating Service, other accounts, computer systems or networks connected to the Dating Service, through password mining or any other means;
6.6.8 interfere with another User's use and enjoyment of the Dating Service.
7. Verification.
7.1 You agree that all instructions, consents, orders and any other communications which purport to originate from you or a person who had authority to act on your behalf in respect of such communication or an information system programmed by or on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively "the originator") and which are sent to the Company electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by the Company and you will be bound by such instruction with no liability of whatever nature attaching to the Company in regard thereto.7.2 You waive any rights you may have or obtain against the Company arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that the Company acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify the Company against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that the Company has acted on your instructions/orders or instructions/orders which purport to emanate from you.
8. Harassment and Disputes
8.1 You may not harass any user and you will immediately cease contacting any other user who has requested you to cease contact. Users have the option to 'block' any user by selecting the appropriate option on their profile. 'Blocked' Users will not be able to contact you via the Website.8.2 The Company will not become involved in any disputes between users and does not provide any arbitration or settlement services should a dispute arise between users.
8.3 You alone are responsible for ensuring that your interaction with other users is lawful. The Company advises you that there may be risks of dealing with users acting under false pretenses or with criminal intent.
8.4 The Company cannot control what happens between users should they decide to meet in person. However should you encounter behaviour that may be harmful to yourself or other users you are requested to contact the Company with full details and the Company may, if deemed appropriate at the sole discretion of the Company, warn, suspend or delete the offending user's profile.
9. User Communications
9.1 Messages to users may not contain email addresses or other contact information. The Company does not review or censor other message content, but it reserves the right to remove contact details from messages.9.2 You are responsible for ensuring that message content is appropriate. Further, you must ensure that you save any messages that you wish to keep since the Company cannot retrieve any messages deleted by you.
10. Content Visibility
10.1 User profiles from the Website may also be visible (where applicable) on other network Websites operated by the Company. This substantially increases the reach of your profile and the chances of finding a successful match.10.2 If your profile becomes one of the most popular profiles on the Website, then it may be randomly selected to appear on the Home page of the Website as one of our "Featured Profiles". These featured profiles may additionally appear on sites operated by selected media partners as part of their promotion of the dating site and you hereby consent to such use.
11. Privacy and Security.
Information regarding the treatment of personal information obtained by the Company by virtue of your use of this Website is protected as set out in our privacy and security policy. (http://www.mymatch.mobi/privacy)12. Copyright and Intellectual Property Rights.
Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this Website (collectively "the materials") are owned by the Company alternatively, the Company is the lawful user thereof and are protected by both South African and international intellectual property laws. Accordingly, any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering products from the Company. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this Website are registered and unregistered trademarks of the Company. Nothing contained on this Website should be construed as granting any license or right to use any trademark without the prior written permission of the Company.
13. External links. External links may be provided for your convenience, but they are beyond the control of the Company and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external terms and conditions of use. No hypertext links shall be created from any Website controlled by you or otherwise to this Website without the express prior written permission of the Company.
14. Warranties, Disclaimers and Limitation of Liability.
14.1 Save as set out in the Terms, the Company makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website, the Dating Services, and/or the Premium Functions, all of which are provided "as is".14.2 Neither the Company or its directors shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website and/or any information contained on or via the Website and/or your use of the Dating Services, and/or the Premium Functions. Without limiting the generality of the aforegoing, neither the Company nor its directors shall be liable for any failure and/or unavailability of the Website, the Dating Services, and/or the Premium Functions for any reason whatever or for any physical or emotional harm you may suffer by virtue of your use of the Website, the Dating Services and/or the Premium Functions. You hereby indemnify the Company or its directors against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained herein, the Company shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising.
15. Use of the Website.
The Company does not make any warranty or representation that information and services advertised on the Website are appropriate for use in any jurisdiction. By accessing the Website, you warrant and represent to the Company that you are legally entitled to do so and to make use of information and use the services made available via the Website.16. General
16.1 The terms constitute the sole record of the agreement between you and the Company in relation to the subject matter hereof. Neither you nor the Company shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Company in respect of the subject matter hereof. No indulgence or extension of time which either you or the Company may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.16.2 The Company shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
16.3 All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
16.4 Should the Company be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as the Company is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has first occurred then the Company shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of G-d, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
16.5 These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.
17. General Rules of the Mobicel Content Clubs and Monthly Prize Giveaways
17.1 It is important that you understand and agree to these terms and conditions in order for you to participate in any Promotion.17.2 This Promotion is organised and sponsored by Mobicel (Pty) Limited. Any prize giveaway promotion is open to all Prepaid, Contract and TopUp Mobicel customers who subscribe to specific Mobicel Content Services during the Promotion Period.
17.3 Directors, members, partners, employees or agents of or consultants to Mobicel, or their sponsorship agency, or spouses, life partners, parents, children, brothers, sisters, business partners or associates of such persons are not eligible for the Promotion and cannot win any prizes.
17.4 You understand that all information (including these terms and conditions) relating to a Promotion published on any promotional or advertising material or on our website at any time before or during the Promotion Period will form part of the terms and conditions of entry. Mobicel also has the right to withdraw this Promotion before the final day.
17.5 Mobicel reserves the right to withdraw this Promotion or amend the terms and conditions of any Promotion at any time before the Promotion Period is over, in its absolute and sole discretion, on notice to you.
18. Prize
18.1 You understand and agree that you cannot exchange your prize for cash. Mobicel reserves the right to substitute or exchange any prize with another prize of similar commercial value without notice, in their sole discretion. You will not have a claim against Mobicel in this instance.19. How to participate and awarding of prizes
19.1 To participate to the any Mobicel Promotion, you must subscribe to a Mobicel mobile content service during the promotional period.19.2 Once you have met all the conditions set out in paragraph 3.1 above, you will automatically be entered to stand a chance to win.
19.3 Winners will be contacted by SMS from Mobicel shortcode over the first week of the next month notifying them of their prize winning.
19.4 Mobicel has the right at any time before the final day to change the dates or places of the prize giveaways (or both). You will not have a claim against Mobicel in this instance. No more winners will be awarded after the first week of the next month the promotion was running.
19.5 Mobicel reserves the right to verify, by whatever means necessary, your eligibility to participate in any Promotion.
19.6 Any prize that is not claimed for whatever reason will be forfeited.
20. If you are a winner
20.1 You will be contacted by Mobicel or Mobicel's authorised agent on behalf of Mobicel. We may contact you by SMS.20.2 The judges' decision is final. Mobicel confirms that it will ensure that a chartered accountant, registered auditor, admitted attorney or commissioner of oaths conducts the draw and this will be reported on Mobicel’s internal audit reporting procedures.
20.3 Mobicel cannot be held liable for the interception or loss of your personal information while transmitted, stored or processed across the internet, including social media sites and assumes no liability for any such interception or loss.
20.4 User data collected via the Promotion will not be used for any other purpose than for the Promotions.
20.5 It is important that you understand that all participants in any Promotion and winners indemnify Mobicel, its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and sponsors against any loss or damages, either direct, indirect, consequential or otherwise, arising from its participation in any Promotion.
20.6 Mobicel may amend, modify or otherwise change these terms and conditions in its sole and absolute discretion on notice to you and the amended version will be displayed in the same media as these terms and conditions. By participating or continuing to participate in any Promotion, you agree and understand that you will be bound by the amended terms and conditions.