Terms Of Use
for Smooches Online Dating (Pty) Ltd
Compilation Date: November 2023
1. Definitions
1.1. Application means the mobile and online dating application know as ‘Smooches’ which is owned and operated by Smooches Online Dating
including any web-based derivatives thereof;
1.2. Intellectual Property means any creation of the mind that is capable of being protected by law from use by any other person, whether in
terms of South African law or foreign intellectual property law and includes any right in such creation and includes, without limitation, all
inventions whether patentable or not, all patent and patent applications, all designs whether registrable or not, all registered designs and
registered design applications, all knowhow, all right of copyright including rights of copyright in software, computer programs, computer
screen displays, artistic works, literary works, technical drawings, trademarks, domain names and brand names relating to a dating platform
that allows users (a.k.a. daters) to meet other users with the intention to form a relationship or to date;
1.3. Service means an online dating service, operated through the Website and Application, which collects personal information and makes
same available to third parties with the goal of establishing romantic relationships;
1.4. Smooches Online Dating means Smooches Online Dating (Pty) Ltd, a private company with limited liability, duly registered and incorporated in terms of the Companies Act 71 of 2008 with registration number 2022/290060/07; and
1.5. Website means the website available at www.smooches.co.za which is owned and operated by Smooches Online Dating.
2. Terms of use
2.1. This document outlines the Terms of Use of Smooches Online Dating pertaining to the access and use of the Service provided through the
Website and Application.
2.2. Should any user that accesses the Website or makes use of the Application disagree with the Terms of Use, they must refrain from accessing the Website, making use of the Application, and using the Service.
3. Commencement of service and payment
3.1. In exchange for the right to access and use the Service provided through the Website and Application, a user will first have to pay a joining fee.
3.2. Once the joining fee is paid, Smooches Online Dating will move the user to the next step to commence the Verification Process. The
verification process consists of uploading your identification or passport number and profile photos, followed by setting up a virtual meeting
with one of our Smooches consultants.
3.3. In addition to the joining fee, a user will have to pay a monthly subscription fee. The monthly subscription fee will become due once the
user has a 50 % match with another user of the Website or Application.
3.4. The user agrees that the fee payable for the Service may increase from time to time.
3.5. Users have the option to modify their responses for either ‘Who am I’ or ‘Who do I want’ at a fee of R500.00 per adjustment.
4. Membership cancellation
4.1. A user may at any time cancel their membership by giving 30 days’ notice to Smooches Online Dating.
4.2. Smooches Online Dating will not deduct any further payments from a member’s account after receiving the 30 days’ cancellation
notification. The member will have access to their profile until the end of their current billing cycle.
4.3. Payments already made against a user’s subscriptions would not be eligible for refund.
5. Re-applying for membership
5.1. A user who has previously cancelled their membership may re-apply for membership.
5.2. The following conditions will apply to a user who wishes to re-apply for membership:
5.2.1. Re-applying within 3 months after cancelling their membership
5.2.1.1. The user will not have to pay any joining fees and will not have to undergo the Verification Process again.
5.2.2. Re-applying after 3 months of cancelling their membership, but before 6 months
5.2.2.1. The user will receive a 50% discount on the payable joining fee and will have to undergo the Verification Process again.
5.2.3. Re-applying after 6 months of cancelling their membership
5.2.3.1 The user will receive a 20% discount on the payable joining fee and will have to undergo the Verification Process again.
6. Access and Use
6.1. Access to and use of the Service provided through the Website and Application is restricted to members only.
6.2. By accessing and using the Website or Application, a user warrants that:
6.2.1. they are 24 years or older;
6.2.2 they have not been convicted of any crime related to assault, murder, battery, harassment, stalking or any offence set out in the
South African Sexual Offences Act, Act Number 23 of 1957; and
6.2.3. the information and content they provide is truthful, correct and accurate and is in no way aimed at misleading or deceiving
Smooches Online Dating or any other user of the Website or Application.
6.3 The user of the Website or Application undertakes not to:
6.3.1. impersonate any person or post any images of another person on the Website or Application without their consent;
6.3.2. assault, bully, defame, defraud, harass, intimidate, mistreat or stalk any other user of the Website or Application;
6.3.3. post or distribute any content that promotes racism, propaganda for war, incitement of imminent violence or advocating hatred
based against any group or individual;
6.3.4. post or distribute any content of a pornographic nature (content that describe or display sexual organs or activity intended to
stimulate sexual excitement);
6.3.5. use another user’s account, share an account with another user, or maintain more than one account; and
6.3.6. create another account if Smooches Online Dating has previously terminated their account unless they have Smooches Online Dating’s permission.
6.4. The user agrees that the information they provide to Smooches Online Dating, and the information Smooches Online Dating generates in accordance with the information the user provides, may be viewed by persons participating in the service, and other users of the Website or
Application with which they have matched.
6.5. Smooches Online Dating may monitor and review the information a user post as part of the Service and may remove any information a
user posts as part of the Service, in whole or part, that they deem, in their sole discretion, violates the Terms of Use, is contrary to Smooches
Online Dating’s policies, or may harm the reputation of Smooches Online Dating.
6.6. The confidentiality of a user’s log-in details (username and password) is solely their responsibility.
7. Content
7.1. Smooches Online Dating may, without notice, make improvements or changes to any aspect, feature, or content on the Website or
Application. This includes changes and amendments to the services, prices, and rates.
7.2 Smooches Online Dating may use the services of third parties to provide information on the Website and Application.
8. Risk, limitation of liability and indemnity
8.1. The use of the Website and Application is entirely at the user's own risk and the user assumes full responsibility and risk of loss resulting
from the use thereof.
8.2. To the extent permitted by law, Smooches Online Dating, its affiliates, shareholders, directors, agents, consultants or employees shall not
be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages
related to the use of, or the inability to access or use the content of the Website or Application or any functionality thereof, or the information
contained on the Website or Application, or of any linked website.
8.3.Smooches Online Dating makes no warranty or representation as to the availability, accuracy, or completeness of the content on the
Website and Application. To the extent permitted by law, the user expressly waives and renounces all rights against Smooches Online Dating forany loss suffered because of incorrect, incomplete, or inaccurate information supplied by Smooches Online Dating.
9. Breach
9.1. Should any member breach any of the Terms of Use, use the Website or Application in an unauthorised manner (in the sole discretion of
Smooches Online Dating), or infringe any statute, regulation, ordinance, or law whilst using the Website or Application, Smooches Online Datin
will be entitled, without notice, to cancel a user’s membership or to restrict such users’ use of the Website and Application.
9.2. The breach of these Terms of Use by a user entitles Smooches Online Dating to take legal action, without prior notice to the user, and the
user agrees to reimburse the costs associated with such legal action on an attorney and own client scale.
10. Intellectual Property Rights
10.1. All copyright and other Intellectual Property rights in all content published on or via the Website or Application are the property of, or are licensed to, Smooches Online Dating.
10.2. Any reviews, comments and/or other content (other than personal information) provided by the user to Smooches Online Dating for posting on the Website and Application, shall automatically grant Smooches Online Dating and its affiliates a nonexclusive, royalty free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part for the full term of any copyright that may exist in such content. Subject to this licence, the user shall retain all rights that may exist in such content.
11. Compliance with Section 43(1) of the ECT Act
In compliance with section 43(1) of the ECTA, the following is noted:
11.1. Full name: Smooches Online Dating (Pty) Ltd
11.2. Registration number: 2022/290060/07
11.3. Physical address: 13 Crestleigh, Weltevreden Road, Randburg, Gauteng, 2194
11.4. Telephone number: +27 68 748 5887
11.5. Website address: www.smooches.co.za
11.6. Email address: admin@smooches.co.za
12. Governing law
12.1. The Terms Of Use shall be governed in accordance with the laws of the Republic of South Africa.
13. Jurisdiction
13.1. Any dispute relating to the Terms of Use shall be subject to the exclusive jurisdiction of the South African court.
14. General
14.1. Smooches Online Dating controls, operates, and administrates the Website and Application from its offices within the Republic of South Africa. A user is responsible for compliance with all local laws if the user accesses the Website or Application from locations outside of South Africa.
14.2. The user shall not be entitled to cede their rights or assign their rights or delegate their obligations in terms of these Terms of Use to any third party without the prior consent of Smooches Online Dating.
14.3. The Service is only available for users residing in South Africa.