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Terms & Conditions

Terms & Conditions

The following information, together with the Privacy Policy defines the conditions under which the use of Classy Dating is operated.

Only these Terms and Conditions (together with the Privacy Policy) apply to any contract made between us in relation to services provided by Classy Dating. These conditions are accepted by the entirety of our community during the registration stage by checking the option entitled “I accept the Terms and Conditions & Privacy Policy.” Any deviations from these specified conditions are not accepted.

By accessing and using the website you agree to be bound by these terms and conditions and the Classy Dating privacy policy (the Privacy Policy).

You acknowledge that:

(a) these terms and conditions and the privacy policy form an agreement between you and Classy Dating;

(b) Classy Dating reserves the right to amend these terms and conditions and the privacy policy from time to time as set out herein; and

(c) If you object to any provision of these terms and conditions and/or the privacy policy (as applicable from time to time) you must immediately cancel your membership and cease accessing and using the website.

For information on how to use the service or for a simple cancellation of your membership, please contact us directly.

  1. Membership and registration

1.1 You may not be a member of Classy Dating or use the website if:

(a) you are under the age of 18 (eighteen) years old;

(b) you are married or in a de facto relationship;

(c) you have ever been convicted of a violent or sexually related criminal offence; or

(d) you have previously been banned from using the website or similar services.

1.2 You must have a permanent address in South Africa in order to register as a member of the website,

whether as a free or a paid member.

1.3 When registering as a member of Classy Dating, you must ensure that all information you provide is accurate and up-to-date. You acknowledge that it is your responsibility to notify Classy Dating of any changes to your information by accessing the “My Account” tab on the website.

1.4 You may only have one profile on the website.

1.5 If requested, you must provide us with a form of identification to verify your identity.

1.6 All personal information provided by you to Classy Dating at the time of your registration will be treated in accordance with the privacy policy.

1.7 You must maintain, and are responsible for, the confidentiality of your login and password.

1.8 Following your registration, Classy Dating will send you an email confirming the terms of your contract with Classy Dating as applicable at the date of your registration.

  1. Services

2.1 General

Classy Dating operates an Internet online dating and matchmaking platform, and provides customers with both free and paid services. When you register for the website, you will receive access to the Classy Singles database, which contains profiles and information about other members.

2.2 Free membership

You may register, but will not be able to communicate with any members until you have paid membership.

2.3 Paid membership

(a) You also have the option to subscribe for “paid membership”.

(b) The website will inform you of various services available to you at a cost. You will be deemed to have subscribed to “paid membership” upon your subscribing to any of these services, providing your payment details and clicking “ACCEPT”.

(c) Classy Dating reserves the right to change the cost of any service or new membership offered on the website from time to time. If you are not happy with the cost of any services offered on the website, you may cease using the website or terminate your membership.

(d) Except as provided herein or required by the applicable law, you will not be entitled to any refund of any payments made by you in respect of a paid membership. Any request for a refund will be considered at the sole discretion of Classy Dating.

(e) You are not permitted to transfer any service or feature of the website to any other person.

2.4 Contact Guarantee

(a) For the purposes of this clause 2.4, “Contact” means:

(i) a self-written message from another member that you receive in response to sending a message,

(ii) any message you write yourself in response to a receiving a message from another user.

(b) Classy Dating cannot guarantee successful communication with other members. Classy Dating is not responsible if, during the contract period, no contact is made.

(c) Once you have been a member of Classy Dating for 3 months, or have paid for a 3 month subscription, you will qualify to be invited to one of our functions.

2.5 Availability

(a) While Classy Dating will use its best endeavours to ensure that the website will be available 24 hours a day, it cannot guarantee that your access to the website will be error free or uninterrupted. In addition, your access may be temporarily suspended in order that maintenance be undertaken or due to internet or system failure.

(b) Classy Dating reserves the right, in its sole and absolute discretion to block or remove from its website any offensive or incorrect communication or information, and/or any communication or information brought to, or which comes to, its attention which it reasonably suspects infringes any applicable laws, regulations or third party rights (such as material that is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite hatred, menacing, blasphemous or in breach of any third party intellectual property rights) but Classy Dating has no obligation to review any communication or information provided by members for inclusion on the website.

(c) To be able to use the Classy Dating service in full, you should use the latest search engine technology and ensure that the necessary settings and installations for use are in place (e.g. activation of JavaScript, cookies). If you are using older or not commonly used technologies, you may only have limited use of the website.

2.6 Changes to the website

Classy Dating reserves the right to change or discontinue at any time any service or feature of the website,

  1. Terms of Payment

3.1 Billing takes place at the beginning of any paid membership, but will not be automatically renewed.

  1. Privacy

Classy Dating collects personal information about you through your use of its services and the website. This information will be handled in accordance with our privacy policy which may be viewed at www.classydating.co.za/privacy.

  1. Termination, Automatic Renewal and Suspension

5.1 Termination without cause

A customer may cancel his or her free membership at any time.

5.2 Automatic renewal

At the end of the term of paid membership, your membership will NOT be automatically renewed, and you will cease to be a member.

5.3 Termination with cause

Either party may terminate this contract during the term with immediate effect upon written notice to the other party if the other party commits a material breach of this contract and the defaulting party fails to remedy such breach within 14 days of being given written notice to do so.

5.4 Suspension

If you do not pay any amount due pursuant to these terms and conditions, Classy Dating

reserves the right to suspend your access until such time as the outstanding payment is received or to terminate the contract. In the event of a suspension under this clause, the contract period will not be extended for the period of the suspension.

  1. Limitation of Liability

5.1 For the purposes of this clause 5, “Classy Dating” includes Classy Dating, its officers, employees, contractors and agents, whether individually or collectively.

5.2 You acknowledge that:

(a) your use of the website is at your own risk;

(b) Classy Dating is not responsible for your use of or conduct on the website or that of any other members of the website;

(c) Classy Dating does not accept liability in any circumstances for the use or conduct of any person on the website;

(d) Classy Dating does not make any representation or warranty as to the accuracy, reliability or completeness of any content contained on the website or transmitted by other members of the website.

5.3 You agree to release and hold harmless Classy Dating from any loss, liability, claim, demand, damage or expense asserted you may incur relating in any way to your use of the website, or your interactions with any person using the website, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, or any other cause of action.

5.4 You agree to indemnify Classy Dating for any loss, damage, cost or expense it may incur as a result of your use of or conduct on the website, including but not limited to any breach by you of these terms and conditions.

5.5 To the maximum extent permitted by law, the maximum aggregate liability of Classy Dating for any claim made by you under or in connection with these terms and conditions or otherwise as a result of your access or use (including misuse) of the website will not in any circumstances exceed the lower of:

(a) the amount paid to Classy Dating by you in the 3 months prior to the event to which the claim relates; or

(b) R 500.00 (Five Hundred Rand)

whether such liability arises in contract, tort (including negligence), breach of statutory or fiduciary duty or otherwise.

5.6 To the maximum extent permitted by law, Classy Dating excludes any representations and warranties which may apply to your use of the website except as set out in these terms and conditions.

5.7 To the maximum extent permitted by law, Classy Dating will not be liable to you for:

(a) any loss of income, profit, savings or any other form of economic loss; or

(b) any indirect, incidental or consequential loss or damage suffered by you or for any punitive damages.

5.8 This clause will survive termination.

  1. Complaints

You may report abuse or inappropriate behaviour by another member or offensive content by sending a detailed email to Classy Dating at support@classydatings.co.za .

  1. Intellectual Property Rights

7.1 All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trade-marks, service marks, trade names and/or designs (including the “look and feel” and other visual or non-literal elements) (whether registered or unregistered) in:

(a) the website;

(b) subject to clause 7.4, information content on the website; and

(c) all the website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts),

are owned by or licenced to Classy Dating. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.

7.2 None of the material listed in clause 7.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of Classy Dating. You may, however, retrieve and display the content of the Website on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website without the express prior written permission of Classy Dating.

7.3 All rights (including goodwill and, where relevant, trade-marks) in the name Classy Dating are owned by or licensed to Classy Dating. Other product and company names mentioned on the Website are the trade-marks or registered trade-marks of third parties.

7.4 Title, ownership rights and intellectual property rights in and to content accessed using the Website is the property of the applicable content owner or supplier and may be protected by applicable copyright or other law. Subject to the limited rights described in clause 7.2, this Agreement gives you no rights to such content.

7.5 The authors of the literary and artistic works in the pages in the website have asserted their moral rights to be identified as the author of those works.

7.6 Any material you transmit, post or submit to Classy Dating either through the website or otherwise (Material) shall be considered (and Classy Dating may treat it as) non-confidential (subject to Classy Dating’s’ obligations under privacy legislation). You grant Classy Dating a royalty-free, perpetual, irrevocable, non-exclusive licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Material and any Ideas. You hereby waive all moral rights in and to all Material and Ideas that you transmit, post or submit to Classy Dating in favour of Classy Dating.

7.7 All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist which are disclosed or offered to Classy Dating by you or offered in response to solicitations by Classy Dating regarding the website (Ideas) shall be deemed to be and shall remain the property Classy Dating and you hereby assign all existing present and future intellectual property rights in Ideas, to Classy Dating. You must do all things reasonably requested and execute any such further documents as may be required by Classy Dating to assure further the assignment of such rights. You understand and acknowledge that Classy Dating have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that Classy Dating is only willing to consider Ideas on these terms. In any event, Ideas are not submitted in confidence and Classy Dating assumes no obligation, express or implied by considering it. Without limitation, Classy Dating will exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.

  1. Links to other websites

8.1 The website may contain links to other websites and to resources provided by third parties (Other Sites). The Other Sites are linked to provide information only and are solely for your convenience.

8.2 Classy Dating has no control over, does not accept and assumes no responsibility for the content or products or services of Other Sites and does not accept any responsibility for any loss or damage that may arise from your use of them.

8.3 If you choose to access Other Websites, you do so at your own risk and on the terms and conditions and in accordance with the privacy policy (if applicable) of the Other Websites.

8.4 The website may also feature advertising by third parties. By allowing third parties to advertise on the website, Classy Dating does not make any representations or warranties in respect of or endorse the products or services advertised.

  1. Your obligations

9.1 You acknowledge that you use and access the website at your own risk.

9.2 You alone are responsible for the content you submit to the website or to any other member of the website;

9.3 You warrant to Classy Dating that all content you submit to the website is true and correct and relates to you personally. You acknowledge that Classy Dating has the right, but not the obligation, to verify the accuracy of your content if necessary.

9.4 You warrant that all Material and Ideas you transmit, post or submit to Classy Dating are original to you, do not violate any law, and that you have obtained all necessary rights in and to such Material and Ideas and all of their components (if applicable) to post, upload, or otherwise submit it to or through the website.

9.5 Your membership is for personal use only and not for business or commercial purposes.

9.6 You warrant to Classy Dating that any content you submit to the website, including but not limited to photographs, text and software does not breach the intellectual property rights of any third party and you indemnify Classy Dating for any loss or damage it suffers as a result of such warranty.

9.7 You must comply with all applicable laws for registration and use of the contact period.

9.8 You may under no circumstances:

(a) intentionally declare the data of third parties (including email address) as your own. In particular, you must not provide the bank account or credit card information of third parties;

(b) make personal information, such as names, telephone and fax numbers, residential and e-mail addresses, photo-/video data and / or URLs known to third parties without the consent of its respective owner;

(c) upload content displaying nudity, images of animals or any cartoon or illustration;

(d) distribute defamatory, offensive, or otherwise unlawful material or such information;

(e) threaten or harass other people, or harm the rights (including personality rights) of any third party;

(f) upload content containing a virus, trojan horse, worm or other destructive, intrusive or disruptive components;

(g) use the website in a way which affects the availability of offers for other customers adversely;

(h) intercept e-mails or try to intercept them;

(i) carry out advertising for other websites or services;

(j) send chain letters;

(k) use in your profile names, addresses, telephone or fax numbers, e-mail addresses, user names, or other contact data from messenger services or other Internet services;

(l) provide or share your login or password with third parties;

9.9 An inadmissible commercial or business use in the sense of this provision is in particular:

(a) the provision of goods or services in return for payment of any kind, the solicitation of making an offer, or a reference to an attainable offer elsewhere;

(b) the usage of commercial internet sites for advertising, particularly those sites that offer chargeable goods or services that are used for displaying or advertising companies or for advertising other commercial web sites. This is especially true for advertising in the form of pop-ups, banner ads or flashy or particularly highlighted links;

(c) linking (directly or indirectly) to the contact portal of another operator;

(d) the naming of value-added service numbers (in particular 18XX numbers) or value-added SMS numbers (premium SMS) under this contact portal;

(e) the contact for the purpose of subsequent profit, especially by subsequent reference to value-added SMS or 0900 or 18XX numbers;

(f) the search for employees, models, etc. for agencies or for chargeable service providers;

(g) the business of collecting profile data that is accessible within the contact portal or asking about data (e.g. telephone-/mobile number) of other customers, e.g. for the purpose of commercial exploitation, or promotion or resale;

(h) to make advertising to other clients of the service or to other customers in any form for business offers and the sending of messages that serve a business purpose. This relates in particular to the setting of relevant links in the data profiles or sending messages with the internal communication systems.

9.10 If the customer breaches any of the obligations listed in this clause 9, Classy Dating can be entitled to require compensation for any resulting damage or expenses.

9.11 Classy Dating are entitled but not obliged to review and delete any content, messages, photos, video profiles and profiles that in our sole discretion violates these Terms and Conditions or which might be illegal, offensive, or which may harm or threaten the safety of other members.

  1. Disputes with other members of the Website

10.1 Classy Dating has the right but has no obligation to monitor disputes between you and other users of the website.

10.2 In the event that you have a claim or action against another user arising from that user’s use of the website, you agree to pursue such claim or action independently of and without any demands to Classy Dating and you release Classy Dating from all claims, liability and damages arising from or in any way connected to the claim or action.

  1. Severability

If any provision in these Terms & 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.

 

 

  1. Blocking on Suspicion

12.1 Classy Dating reserves the right to block or delete any content uploaded by you to the website:

(a) which is the subject of a complaint by any third party;

(b) If requested to do so by a court or any other relevant authority;

(c) Following termination of these terms and conditions; or

(d) for any other reason in the sole and absolute discretion of Classy Dating.

12.2 Upon Classy Dating receiving a complaint, Classy Dating will:

(a) If Classy Dating suspects that the content may be in breach of these terms and conditions, give you notice of the complaint and allow you a reasonable period to rectify your content before deleting the content; or

(b) If the content is such that it may cause damage to Classy Dating or another member, as may be determined by Classy Dating in its sole and absolute discretion, delete the content and give you notice of the deletion.

12.3 If your content is blocked or deleted in accordance with this clause 12, your obligations to make any payments to Classy Dating pursuant to these terms and conditions will not be affected and you will not be entitled to any refund. If it is later determined by Classy Dating that your content should not have been blocked or deleted, your paid membership period will be extended for the period of the blocking or deletion. If an extension is not possible or is objectively unreasonable, Classy Dating will reimburse you for any payments made by you in respect of the blocking period.

  1. General

13.1 Force Majeure

(a) For the purposes of this clause 13.1, “Force Majeure Event” means any act or event beyond the reasonable control of Classy Dating, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

(b) Classy Dating will not be liable for any failure to perform or any delay in performance of, any of its obligations under these Terms and Conditions caused by a Force Majeure Event.

(c) In the event of a Force Majeure Event that results in services being unable to be provided for 14 days or more, either party may terminate this agreement with immediate effect upon written notice to the other and neither party will have the right to claim compensation from the other.

13.2 Relationship of the parties

The agreement does not create a partnership, joint venture or relationship of principal and agent between the parties.

13.3 Severance

If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this agreement.

13.4 Amendments

Classy Dating reserves the right to restrict, suspend or otherwise change any aspect of the these Terms of Use, the website and the services. We may modify in whole or in part these Terms of Use at any time. In particular, but without limiting the generality of the forgoing, we may modify:

o The services offered on the website,

o The manner in which members participate on the website,

o The contact guarantee,

o The provisions relating to termination and renewal of paid memberships, and

o To the extent permitted by the applicable law, the price of the services.

In the event these Terms of Use, or any aspect of the services are restricted, suspended or changed, we will provide you notice at least 30 days before the amendment comes into effect, by posting the amended terms and conditions on the website, and by sending you written notice using your email and/or mailing address, and setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. You may refuse the amendment and rescind, or cancel your membership without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than 30 days after the amendment comes into force, in the manner indicated in the notice. Your continued use of the website following such date will constitute your express consent to any amendments to these Terms of Use, or any other aspect of the website or services.

13.5 Entire agreement

This agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties.

  1. Cooling-Off Period

14.1 You may cancel the contract at any time within 7 (seven) days of registration (“Cooling-Off Period”), provided that you have not started using the services by, for example, sending messages to possible partners.

14.2 You agree that the services may start before the end of the Cooling-Off Period.

14.3 If you cancel the contract under the above paragraph and you have made any payment in advance for the services, Classy Dating will refund these amounts to you within 30 (thirty) days of date of cancellation.

14.4 You can exercise the right to withdrawal by notifying us in writing to: info@classydating.co.za .

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