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Terms And Conditions

These Terms of Service (“Terms of Service”) are effective as of 13 October 2021 “Effective Date”


READ THESE TERMS CAREFULLY BEFORE USING THE SOFTWARE APPLICATION. YOUR CONTINUED USE OF THE SOFTWARE APPLICATION INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SOFTWARE APPLICATION IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
    1. Introduction

        1.1. The Software Application though which the Services are provided is operated and/or owned by Premium Peaches (Pty) Ltd t/a Premium Peaches (bearing registration number: 2021/806138/07) (hereinafter referred to as "Premium Peaches", "we", “our" or "us"). The Terms of Service are entered into by and between Premium Peaches and the User. Any reference to "Premium Peaches", "we", "our" or "us", shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.

        1.2. These Terms of Service, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the "Terms") apply to any User who uses the Services, accesses, refers to, views and/or downloads any information or material made available through the Software Application for whatever purpose (hereinafter referred to as “User”, "you", "your", “he”, “she”, “his”, “him” or “her”).

        1.3. Accessing and/or use of the Software Application after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity. Further, you represent and warrant that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).

        1.4. To the extent permitted by applicable law, we may modify the Terms.  In the modification of the Terms we will require acceptance by the User prior to the User’s continued use of the Software Application, which consent shall be construed as a User’s consent to the modified, amended or updated Terms.  A User’s only remedy, should they not agree to the modifications, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of the Software Application.

    2. Terminology

        2.1. “Browser” shall mean any person who through our website or by other means accesses the Software Application and who has no intention of using, or has not used the Services offered by us;

        2.2. “Content” shall mean photos, media, videos, information and the like uploaded and/or by a User when creating a Profile as set out in clause 7 below together with messages as may be transmitted by a User at such later date;

        2.3. “License” shall mean the non-transferrable, non-exclusive, limited, and revocable license to access the Software Application as granted by us to the User as more fully set out in clause 3 below, which Software Application for the avoidance of doubt, shall be construed as Premium Peaches’ intellectual property.

        2.4. “Package” shall mean either the premium Package or the standard Package, which a Browser shall be able to select during the Registration Process;

        2.5. “Party” or “Parties” shall mean Premium Peaches and/or the User as the context implies;

        2.6. “Personal Information” shall mean the Personal Information as required from a Browser in order to register for the Services;

        2.7. “Profile” shall mean the result of the Content uploaded by a User;

        2.8. “Registration Process” refers to the process to be followed by a Browser through the Software Application in order to enable him or her to make use of the Services and a Package and thus make the transition from a Browser to a User as set out in clause 6  below;

        2.9. “Services” shall refer to the Services provided by us to the User through the Software Application as set out in clause 5 below;

        2.10. “Software Application” shall mean the application as subscribed to by the User, and which comprises the Service;

        2.11. “Terms” shall mean this Terms of Service as read together with the Privacy Policy, which may be found here: https://premiumpeaches.com/site/privacy; and

        2.12. “User” shall mean the Browser who completes the Registration Process in order to make use of the Services and a Package.

        2.13. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

    3. Your agreement to these Terms

        3.1. Subject to, and on the basis of a Browser’s acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Software Application in accordance with the various policies and agreements which may govern such use and access.

    4. Commencement and Duration

        4.1. Save for what is stated in clause 14 below, the Terms shall apply to a User from the date that same are accepted until such time as a Premium Package User provides one month’s notice, or with immediate effect in the case of a Standard Package User.

    5. Services

        5.1. Premium Peaches, through the Software Application, provides a Service allowing Users to e-meet and interact with each other in order to form friendships, expand their social network and/or enter into romantic relationships.  

        5.2. The Services shall comprise of one of two Packages, namely premium or standard.  During the Registration Process, the User shall be able to select which Package he/she would like to register for.

        5.3. Standard Package:

            5.3.1. a User will receive a like notification in respect of other Users who appear to share similar interests and/or requirements.  If interested in such User/s he/she may swipe the screen to the right in order to indicate to the User that he/she is interested.  Alternatively, and if not interested, the User may dismiss the pop up by swiping the screen to the left;

            5.3.2. a User will not be able to recover a dismissed like notification after the fact;

            5.3.3. a User will be able to perform a maximum of 20 swipes every 5 hours;

            5.3.4. a User shall receive a limited amount of likes on a daily basis;

            5.3.5. a User shall only receive like notifications of potentially suitable Users that fall within a 16.2 km range of such User’s location;

            5.3.6. in the event that two Users accept each other’s like notification they will then be able to view each other’s Profile and start communicate using the message function built into the Application Software;

            5.3.7. a User may at any stage choose to terminate communication with another User (for any reason whatsoever) by using the unmatch feature of the Application Software; and

            5.3.8. Users will be able to view all previous conversations and media exchanges (which may comprise of pictures and/or videos) that he/she has had with all other Users, together with the date upon which the conversations and/or media exchanges were made.

        5.4. Premium Package:

            5.4.1. A User shall have access to all of the Services set out in clause 5.3 above, save that:

                5.4.1.1. a User shall be able to recover dismissed like notifications;

                5.4.1.2. there will be no limit to the amount of swipes that a User may perform;

                5.4.1.3. a User may view the Profile of a User that has liked them without first having to be accepted by such User sending the like;

                5.4.1.4. there shall be no limit to the amount of likes that a User may receive; and

                5.4.1.5. there shall be no limitation placed on the distance range for a User.

    6. Registration Process

        6.1. In order to access the Services, a Browser is required to register for same through the Software Application by entering their cell phone number together with a password.

        6.2. A one time password will then be sent to the Browser, and upon submitting same the transition will be made from Browser to User, and the User will be seen as having registered for the Services.

    7. Creation of Profile

        7.1. Once the Registration Process has taken place, the User will be required to create a Profile, which shall be made up of the following Content:

            7.1.1. full name;

            7.1.2. gender;

            7.1.3. date of birth;

            7.1.4. profile picture/s;

            7.1.5. videos;

            7.1.6. brief synopsis of likes/dislikes (a drop down menu will appear wherein the User may select a minimum of 6 predefined interests as created by us);

            7.1.7. location;

            7.1.8. nature of relationship that the User is seeking; either hook up or true love. 

            7.1.9. the Package that the User would like to subscribe to.

    8. Costs of the Services

        8.1. There shall be no cost associated with the standard Package.

        8.2. The cost of the premium Package, together with the payment terms shall be that set out on the Software Application during the Registration process from time to time.

    9. Warranties by the User

        9.1. The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible.

        9.2. The User further warrants that when registering for the Services that:

            9.2.1. they are at least 18 (eighteen) years old;

            9.2.2. they are not impersonating any person;

            9.2.3. that they have never been convicted of a sex crime, which shall include but not be limited to rape, incest, molestation, paedophilia and/or any other violent crime;

            9.2.4. they are not violating any applicable law regarding use of personal or identification information;

            9.2.5. they shall not use the Software Application or the Services for any objectionable or unlawful purpose;

            9.2.6. they shall not upload any offending Content;

            9.2.7. they shall not use the Services for promotion or solicitation purposes;

            9.2.8. they shall not use the Services for any purpose that is illegal or prohibited by the Terms;

            9.2.9. they shall not use the Service for any harmful or nefarious purpose;

            9.2.10. they shall not use the Service in an attempt to damage our reputation in any manner;

            9.2.11. they shall not bully, stalk, intimidate, assault, harass, mistreat or defame any person (irrespective of whether such third party is a User or not);

            9.2.12. they shall not post any Content that violates any User or third party rights, including but not limited to rights of publicity, privacy, copyright, trademark or any other intellectual property or contract right;

            9.2.13. they shall not post any Content that is blatantly, or could be inferred to be hate speech, sexually explicit or pornographic;

            9.2.14. they shall not post any Content that could be seen to incite violence or riots or promotes violence in any manner;

            9.2.15. they shall not post any Content that could be interpreted as racist or promotes racism, hatred or bigotry against any group, ethnic group or individual;

            9.2.16. they shall not obtain the password of another User for any reason whatsoever;

            9.2.17. they shall not obtain and utilise Personal Information of another User in a dishonest or misleading manner, and for commercial or illegal purposes, without such User’s consent first having been obtained;

            9.2.18. they shall not hack into another User’s Profile;

            9.2.19. they shall not operate a shared Profile with another User;

            9.2.20. they shall not have more than one Profile at any given time;

            9.2.21. they shall not use the Services for prostitution or human trafficking;

            9.2.22. they shall not send to us spam mail, or make use of other unsolicited mass e-mailing techniques; and

            9.2.23. they shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other electronic devices through communication with us or other Users.

        9.3. A User may also not:

            9.3.1. remove or alter our copyright notices or other means of identification including any watermarks, that are used in respect of the Software Application; and/or

            9.3.2. distribute or publish any part of the information or content included in the Services on any publicly accessible electronic network, including without limitation the internet and the world wide web, Facebook, YouTube, or otherwise publish, broadcast or display any such information in public.

        9.4. A User understands and agrees that he/she is solely responsible for compliance with any and all laws, rules and regulations that may apply to their use of the Software Application or the Services.

        9.5. A User understands and consents to Premium Peaches having the authority to investigate the Content of his/her Profile and to delete his/her Profile in the event that the Terms have been violated in any manner, including but not limited to what is set out in clauses 9.1, 9.2 and 9.3 above.

        9.6. Further and insofar as the Registration Process is concerned, the User warrants that the password submitted during the Registration Process shall not be disclosed to any third party, and agrees that once the correct password relating to the User’s Profile has been entered, the User shall be solely responsible for all activities that occur under their Profile.

        9.7. In the event that a User suspects that a third party has gained access to their Profile we must immediately be contacted on info@premiumpeaches.com.

    10. Warranties by Premium Peaches

        10.1. We make no representation or warranty (express or implied) that the Services or Software Application will:

            10.1.1. meet a User’s needs;

            10.1.2. be accessible at all times;

            10.1.3. be accurate, complete or current; or

            10.1.4. be free from viruses.

        10.2. Except for any express warranties in the Terms the Services are provided “as is”.  Premium Peaches makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of fitness for a particular purpose or noninfringement. We do not provide any warranties against viruses, spyware or malware that may be installed on your device/s as a result of you accessing the Software Application or the Services.

        10.3. We do not warrant that the use of the Software Application and/or the Services will be uninterrupted or error free, nor do we warrant that we will review information for accuracy or that we will preserve or maintain the User’s Personal Information without loss.

        10.4. We shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside of our reasonable control. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.

        10.5. We shall not take responsibility for any Content that a User posts, sends or receives through the Services, and any material that may be downloaded by a User through the use of the Services shall be accessed at a User’s own discretion and risk.

    11. Protection of Personal Information

        11.1. We undertake as far as is possible, to protect each User’s Personal Information in accordance with our Privacy Policy, except as may be necessary in order to perform all such Services as required in respect of the Terms.

    12. Links to other Websites

        12.1. In making use of the Software Application and the Services there may be advertisements and promotions offered by third parties, together with links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.

    13. Limitation of Liability and Indemnity

        13.1. The Software Application and Services shall be used entirely at a User’s own risk.

        13.2. We are not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct in connection with the Software Application, or any other person’s use of or conduct in connection with the Software Application or the Services, in any circumstance.

        13.3. We cannot guarantee or warrant that any file downloaded from the Software Application or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to protect him/her from this type of issue.

        13.4. A User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a User’s use of or conduct in connection with the Software Application or the Services, including any breach by a User of these terms or any applicable law or licensing requirements.

        13.5. To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these terms, might apply in relation to a User’s use of the Software Application or the Services.

        13.6. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or delict (including negligence), to a User will be limited to the minimum amount imposed by such law.

        13.7. Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, the conduct or Content of other Users or third parties, or the unathorised access, use of or alteration of Content even in cases where Premium Peaches has been advised of the possibility of such damages whether in delict, contract or otherwise.

    14. Breach

        14.1. If either Party (“the Defaulting Party”) breaches any provision of these Terms and remains in breach for 14 (fourteen) days after receipt of written notice from the other Party (the “Aggrieved Party”) requiring him/her/it to rectify the breach, the Aggrieved Party shall be entitled at its/his/her option (and without prejudice to any other rights that it/he/she may have at law):

            14.1.1. to sue for specific performance of the Defaulting Party's obligations under these Terms;

            14.1.2. to cancel these Terms by notice in writing to the Defaulting Party (subject to clause 14.2  below); or

            14.1.3. in either event without prejudice to the Aggrieved Party's right to claim damages.

        14.2. Either Party so aggrieved by any breach of any provision of these Terms by the other Party shall only be entitled to cancel these Terms if such breach is a material breach of the provisions of these Terms which goes to the root of these Terms and the Defaulting Party fails to remedy such breach during the 14 (fourteen) day period referred to in clause 13.1 above.

    15. Interactions with Other Users

        15.1. In the provision of the Services, Premium Peaches shall not be responsible for a User or third party’s behaviour.

        15.2. As such, the Users hereby agree to use the correct degree of caution during interaction with other Users or third parties, specifically should one User decide to communicate with another (or others) independently of the Software Application, in person or otherwise.

        15.3. The User recognises that Premium Peaches does not conduct criminal or financial checks on Users or third parties, and cannot guarantee that all information provided is true, correct and up to date.

        15.4. As such, Premium Peaches cannot guarantee, nor does it make any representations or warranties as to the conduct or compatibility of Users and third parties.

    16. Content

        16.1. We do not, nor are we under any obligation or duty to any User to monitor, consider, evaluate, assess, review, screen, censor or remove any Content submitted by a User, but reserve our rights to do so should the need arise.

        16.2. Further, we do not have (and expressly disclaim) any liability in connection with any monitoring, consideration, evaluation, assessment, review, screening, censoring or removal of any Content submitted by a User through the Software Application, or the failure or refusal on our part to do so.

        16.3. In the event that a User becomes aware of Content that contravenes these Terms, same may be reported to us at this email address: info@premiumpeaches.com

        16.4.Hook up in the Oxford Advanced Learner's Dictionary means '1. to meet someone and spend time with them 2. to start working with someone'. This app doesn't promote or contain sexually explicit content or profanity. Any user or account holder trying to use this platform to promote sexually explicit contents would be disabled without appeal.

    17. Copyright

        17.1. The contents of the Software Application is the property Premium Peaches, unless specified otherwise, and is protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content and Content on the Software Application and/or the Services, is our property or shall be transferred to us on upload, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.

        17.2. Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.

        17.3. Users are expressly prohibited to “mirror” any content, contained on the Software Application, or on any other platform unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw at any stage, in our sole and absolute discretion.

        17.4. The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Software Application, so long as the link does not portray us, our affiliates or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.

        17.5. All trademarks and copyrights, as also any other intellectual property rights, in and to any of the content of the Software Application are the exclusive property of Premium Peaches.

    18. Intellectual Property

        18.1. The User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Software Application including any algorithm used by us.

        18.2. We own or are licensed to use all intellectual property on the Software Application.  A User may not use any of our intellectual property for any purpose other than as may be required to use the Software Application for its intended purpose.

    19. Miscellaneous

        19.1. Dispute Resolution and Mediation

            19.1.1. Save as otherwise contained herein, should any dispute arise between the Parties in connection with these Terms, our senior representative together with the User shall attempt on the basis of good faith to settle such dispute by way of negotiation.

            19.1.2. If either Party provides written notification to the other that such attempt has failed then each Party shall attempt to agree upon the appointment of a suitably qualified mediator, within 10 (ten) days of such dispute being referred.

            19.1.3. If agreement is not reached as to the appointment of such mediator within 10 (ten) days after either Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon and such mediator is not able to mediate a resolution of such dispute within 21 (twenty one) days after such appointment then any Party may give written notice to the other Party referring the dispute to arbitration in accordance with the provisions of this clause 19.1.

            19.1.4. The arbitration shall be:

                19.1.4.1. held in Western Cape;

                19.1.4.2. conducted in the English language;

                19.1.4.3. held before a single arbitrator;

                19.1.4.4. subject to the provisions of this clause 19.1, conducted in accordance with the Arbitration Foundation of Southern Africa (AFSA) Rules; and

                19.1.4.5. held as soon as is reasonably practicable in the circumstances and with a view to it being completed within 21 (twenty one) days of the date of the Arbitration Notice.

            19.1.5. The arbitrator shall be if the question in issue is:

                19.1.5.1. primarily an accounting matter, an independent accountant advocate with no less than 10 (ten) years' experience, agreed upon between the Parties;

                19.1.5.2. primarily a legal matter, an independent practicing senior advocate with no less than 10 (ten) years' standing, agreed upon between the Parties; and

                19.1.5.3. any other matter, a suitably qualified independent person, agreed upon between the Parties.

            19.1.6. If the Parties cannot agree upon a particular arbitrator under the provisions of clause 19.1.5 within 7 (seven) business days after the arbitration has been demanded, the nomination shall be made by the President for the time being of the South African Institute of Chartered Accountants, within 7 (seven) days after the Parties have so failed to agree.

            19.1.7. The arbitrator shall determine which Party shall pay the costs of and incidental to the arbitration or, if more than 1 (one) Party is to contribute, the ratio of their respective contributions, and the scale on which such costs are to be paid.

            19.1.8. Subject to each Party’s rights of appeal and review, in accordance with the AFSA Rules, the Parties irrevocably agree that the decision of the arbitrator shall be final and binding on them, shall be carried into effect, and shall be capable of being made an order of any court of competent jurisdiction.

            19.1.9. The provisions of this clause 19.1:

                19.1.9.1. constitute irrevocable consent by the Parties to any proceedings in terms of this clause 19.1  and no Party shall be entitled to withdraw therefrom or claim at any such proceedings that it/he/she is not bound by such provisions;

                19.1.9.2. are severable from the rest of the Terms and shall remain in effect despite the termination, or invalidity for any reason, of these Terms; and

                19.1.9.3. shall not preclude any Party from obtaining interim relief on an urgent basis from any court of competent jurisdiction pending the decision of the arbitrator.

            19.1.10. This clause shall be severable from the rest of these Terms and therefore shall remain effective between the Parties after the Terms have terminated.

        19.2. Assignment and novation:

            19.2.1. We may assign or novate any of our rights or obligations under these Terms without a User’s consent. A User may not assign or novate any of his/her rights.

        19.3. General

            19.3.1. To the extent permitted by law, these Terms shall be governed by and be construed in accordance with South African law, and any dispute arising out of these Terms shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.

            19.3.2. To the extent necessary and/or possible, you consent to the non--exclusive jurisdiction of the Western Cape High Court or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms.

        19.4. Severance

            19.4.1. If any of these provisions are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms, or the right thereafter to enforce each and every provision.

        19.5. Domicilium Citandi Et Executandi and Contact Information

            19.5.1. The User and Premium Peaches choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:

                19.5.1.1. Premium Peaches (Pty) Ltd
131 Eoan Avenue
Unit 41
Scottsdene
Western Cape
7570
South Africa
info@premiumpeaches.com

                19.5.1.2. User:
The address as provided when registering for the Services.

            19.5.2. A User and/or Premium Peaches may change their domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.

            19.5.3. All notices to be given in terms of these Terms will:

                19.5.3.1. be given in writing;

                19.5.3.2. be delivered or sent by email; and

                19.5.3.3. be presumed to have been received on the date of dispatch.

            19.5.4. Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.

    20. Preparation

These Terms have been custom created for Premium Peaches by the good folks at Legal Legends www.legallegends.co.za.

    

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