Terms and Conditions of Use

Last Modified: 7 February 2016

This site is powered by The HeartGuardian,

By ticking the box next to the “I have read the terms and conditions” of the membership, you accept and agree to the terms and conditions detailed on the web site. I declare that I am a parent/guardian using this facility to promote the right to education of my child(ren).  Use of this site is limited to individuals 18 years and older and is intended for adult members to communicate with each other online. Every time you access this service you confirm your agreement with the Terms and Conditions.

The Terms and Conditions are personal to you. You may not assign your rights or obligations to anyone. If any provision in these Terms and Conditions is invalid or unenforceable under applicable law, such provision will be inapplicable, but the remaining provisions of this agreement will continue in full force and effect.

You agree to indemnify and not hold accountable The HeartGuardian, its officers, directors, employees, agents, affiliates, partner sites and third parties, from any loss, claim or damage, including reasonable attorney’s fees, arising out of or resulting from your use of this site. This includes any violation of the Terms and Conditions of this agreement or any action arising from the content that you or any other member publish on this site that infringes the intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of any third party or content or communication that denigrates, libels or invades the privacy of any third party.

By agreeing to these Terms and Conditions you grant The HeartGuardian permission to send electronic communications to you as part of the operation of this service by The Company. This includes but is not limited to “Match mails”, Newsletters and Promotional Offers specific to the HeartGuardian. Should you no longer wish to receive these electronic communications, you may notify info@guardtheirheart.co.za and we will remove you from the mailing list.
You alone are responsible for any content or information you enter on your profile and any communication with other Members. The HeartGuardian is not the publisher and only provides the channel for Members to publish and/or distribute their personal information.

No responsibility is assumed by The HeartGuardian for the publication of any member’s information, including pictures published by Members. While it is incumbent on the Member to decide on what information the Member wishes to make available to other Members or other Internet users, The Company reserves the right to exercise editorial control over profile and picture content.

The Company does not verify the accuracy or truth of any information published by any Members.

You may not publish offensive content, this includes content that contains offensive language, overtly sexually explicit content, is unlawful, threatening, libellous, abusive, harmful, bigoted, racially offensive, obscene or harassing. Further you may not publish content that encourages behaviour that may constitute a criminal offence, result in civil liability or otherwise violate any applicable local, state, national or international law or regulation.

Photographs: Public Profile – You may not publish explicit photographs on your publicly viewable profile, including photographs you only make visible to your favourites. Photographic content that is publicly viewable is further subject to the terms and condition noted on the photo upload page.

Photographs: Private Photos – The content of your private photos may not contain illegal, inflammatory or grossly obscene material. It will be at the Company’s sole discretion to delete content if so deemed. The Company does not warrant the suitability of a member’s private photos nor will we become involved in correspondence regarding their suitability.

You may not publish content that directly or indirectly alludes to child pornography or attempts to solicit communication with or on behalf of any person under the age of 18.

Whilst The HeartGuardian.co.za reserves the right to delete or remove content deemed offensive , The HeartGuardian.co.za does not guarantee that offensive material will be removed or deleted. Failure by The HeartGuardian.co.za to remove or delete offensive content does not waive our right to remove or delete offensive content in subsequent or similar cases.

You may not publish content that contains advertising or commercial messages, except with the concent of HeartGuardian.co.za. You may not send messages of a commercial nature to other members via the site unless it is requested by the member.

You may not impersonate any other person or entity.

You may not publish in your profile any personal contact information. This includes but is not restricted to, email addresses, telephone numbers, instant messaging contact details (e.g. ICQ numbers, etc) web site URLs, etc. Personal contact information will be removed.

You may not solicit other members’ contact details or disclose your subscription status in your profile.

The HeartGuardian reserves the right to excerpt content from profiles, including the Member screen name and photo(s), and feature them in promotional material. By creating a profile you grant The HeartGuardian permission to publish your profile in any of our partner sites.

2. Account and Password Details

The Member is solely responsible for maintaining the confidentiality of their member name and password.

3. Copyrighted Material

You may not post copyrighted material on the site. This includes but is not limited to photographs, images and text. Should you believe that copyrighted material has been posted on the site you are requested to contact The HeartGuardian with full details of the alleged copyright infringement including the Member username and your contact details.

4. Harassment and Disputes

You may not harass any Member and agree to cease contacting any other Member who has requested you to cease. Should you wish you have the option to ‘block’ any Member by selecting the appropriate option on their profile. ‘Blocked’ Members will not be able to contact you via the site.

The HeartGuardian will not become involved in any disputes between Members and does not provide any arbitration or settlement services should a dispute arise between members.

You alone are responsible for ensuring that your interaction with other Members is lawful. The Company advises you that there may be risks of dealing with Members acting under false pretences or with criminal intent. We recommend that you read our Online safety and security Guide.

The Company cannot control what happens between members once they decide to meet in person, however should you encounter behaviour that may be deemed harmful to other Members you are requested to contact The HeartGuardian with full details and we may, if deemed appropriate at the sole discretion of The HeartGuardian , warn, suspend or delete the offending member’s profile. Please note, The HeartGuardian has no intent or interest in getting involved in domestic or private disputes between Members.

5. Member Communications

While you may exchange any information you wish in replies and subsequent messages, messages to members who have not previously contacted you may not contain email addresses or other contact information. (Responses via our “OneLiner” service do not qualify as prior contact for these purposes.) The company does not review or censor other message content, but it reserves the right to remove contact details from introductory messages.

You alone are responsible for ensuring that message content is appropriate. Further, you must ensure that you save any messages that you wish to keep since we cannot retrieve any messages deleted by you.

6. Content Visibility

Member profiles from this site may also be visible (where applicable) on other network sites operated by the HeartGuardian. This substantially increases the reach of your profile and the chances of finding a successful match.

If your profile becomes one of the most popular profiles on the site, then it may be randomly selected to appear on the Home page of the site 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.

7. Content Storage

The HeartGuardian assumes no responsibility for the deletion of or failure to store your content, including profile details and photographs.

8. Member Privacy

The HeartGuardian will not disclose any personal details supplied by Members that is not publicly displayed on the Member’s Profile, this includes the Member’s name, email address contact details, etc without the Member’s prior written consent. Information will only be disclosed as necessary or appropriate to comply with applicable laws or in legal authorities where such information is relevant as has been requested with the appropriate authority.

9. Membership, Subscriptions and Cancellations

You may register your profile for free and will have access to most of the service. Subscription charges may change in future, but subscription is entirely voluntary.

The HeartGuardian may change the Subscription pricing, options, renewal terms or Member services at any time. The Member may cancel their Membership and/or Subscription at any time. Subscription fees are not transferable from one Member profile to another.

The HeartGuardian may suspend or terminate the Subscription and/or Membership of any Member who violates these Terms and Conditions.

Refunds will be given at the discretion of the Company management.

10. Service Provision

This service is provided on an “as-is” basis by The Company without warranty of any kind, either express or implied, including, without limitation, warranties of title and the implied warranties of merchantability and fitness for a particular purpose.

11. Modifications to Terms and Conditions

The Company may modify these Terms and Conditions from time to time in its sole discretion.

12. Legal Venue

This agreement will be governed by the laws of the Republic of South Africa, excluding that body of law known as conflicts of law and the United Nations Convention on Contracts for the Sale of Goods.

13. Severability

If any provision in these Terms and Conditions is deemed to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.

14. Entire Agreement

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

 

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