TERMS OF USE FOR MEMBERS AND USERS

1. INTRODUCTION.

   1. Wingle (Pty) Ltd hosts a website under the domain name www.2busy2mingle.com ("the Website") to empower and connect its registered members, irrespective of whether they want a long-term relationship, outing dates, no strings attached, or a one-night stand. While doing so, we prioritize respect, self-dignity, and kindness. We provide a safe online community for members to build new relationships and satisfy their emotional curiosity.
   2. These standard terms and conditions ("STCs") can be amended without prior notice.
   3. These Standard Terms and Conditions written on this webpage shall manage the use of the website. By using this, you agree to accept all Terms and Conditions.



2. APPLICATION TO CLIENTS

   1. The STCs are applicable together with the agreement ("the Contract") concluded between 2busy2mingle and each registered member/user on the Website ("Member").
   2. If there is any discrepancy or conflict between these STCs and the Contract, the provisions of the Contract will apply.



3. APPLICATION TO MEMBERS & USERS

   1. By logging in, registering on, accessing, or using the Website, all persons making use of the Website ("Members") agree to be bound by these STCs.



4. 2BUSY2MINGLE'S GENERAL OBLIGATIONS AND WARRANTIES

   1. 2busy2mingle must provide the following services to the Members and Users:
   1. Provide an online platform for people to interact and meet.
   2. Provide a contact support service to its registered Members and Users
   3. Provide a contact support service to its registered Members and Users
   2. 2busy2mingle makes no warranties of any kind regarding the standard of the services or the content on the Website and, in particular, 2busy2mingle does not warrant that:
   1. The website is error-free;
   2. The website will be accessible and operative on a 24-hour-per-day, 7-day-per-week basis; and
   3. that any downloads or applications accessed through the Website are free of viruses, Trojans, or other harmful mechanisms.
   3. This Website is provided "as it is," with all faults, and 2busy2mingle expresses no representations or warranties of any kind relating to the Website or the materials contained on the Website. There is nothing on the Website interpreted as advising you.



5. THE CLIENT'S OBLIGATIONS AND WARRANTIES

   1. The Client must, at its cost:
   1. Include the information and details on each Advertisement/Post as reasonably specified by 2busy2mingle from time to time;
   2. Ensure that none of the information or Advertisements provided by it to 2busy2mingle includes any content that:
   1. is false, misleading, or incorrect;
   2. may be considered abusive or offensive;*
   3. infringes the intellectual rights of any third person; or
   4. infringes the privacy and protection of personal information rights of any third person;
   2. Comply with all applicable legislation, laws, and regulations regarding the conduct and placement of Advertisements on the Website.
      
      The Members warrant that the content, form, and design of the Advertisements and other information provided by the Member to 2busy2mingle does not, and will not, infringe any intellectual property rights of any other person. Members indemnify 2busy2mingle and hold it harmless against any claim made against it as a result of this warranty or any other breach of these STCs, or the Contract.



6. USE OF THE WEBSITE

   1. Each User acknowledges that 2busy2mingle does not verify or warrant the accuracy or completeness of the Advertisements/Post or other information on the Website.
   2. 2busy2mingle uses "cookies" on this Website, which enables it to personalize each user's visit. It simplifies the signing-in procedure, keeps track of preferences, and tracks the usage of the Website. Cookies are small pieces of information stored in the hard drive of a User's computer by the browser. The browser will have the option to prevent websites from using cookies, but this may reduce the functionality of the Website.
   3. No one must link any page to this Website. The Website contains links to other third-party websites, and 2busy2mingle has no control. 2busy2mingle is not recommending any products or services advertised by third-party websites. Members use them at their own risk.



7. RESTRICTIONS

   1. Clients and Users are specifically restricted from all of the following:
      1. publishing any Website material in any other media;
      2. selling, sublicensing, or commercializing any material on the Website;
      3. using this Website in any way that is or may be damaging to this Website;
      4. this Website in any way that impacts user access to this Website;
      5. using this Website contrary to applicable laws and regulations may cause harm to the Website or any person or business entity;
      6. engaging in any data mining, data harvesting, data extracting, or any other similar activity about the Website;
      7. using the Website to engage in any advertising or marketing.



8. DIRECT MARKETING, COOLING OFF PERIOD, AND REFUNDS

   1. In this clause, a "Direct Marketing Contract" is any contract, including an upgrade of or an extension of a contract, concluded between a Client and Wingle (Pty) Ltd as representatives of 2busy2mingle as a direct result of Wingle (Pty) Ltd approaching that Client, either in person, by mail, phone, fax or sms, to promote or offer to supply a Client with its services about Advertisements on the Website. It excludes contracts concluded as a result of an approach by a Client to Wingle (Pty) Ltd, whether by phone, SMS, email, or other methods.
   2. A Client may, without reason, cancel a Direct Marketing Contract by giving written notice to Wingle (Pty) Ltd 3 business days after concluding the Direct Marketing Contract.
   3. Within 15 business days of receiving written notice of cancellation from a Client, Wingle (Pty) Ltd will refund the Client 50% of the amount received for the Direct Marketing Contract.
   4. Wingle (Pty) Ltd will not commence providing any services in respect of a Direct Marketing Contract until the expiry of this 3-business day period unless Wingle (Pty) Ltd decides otherwise.
   5. Except as stated in clause 8.3, no refunds will be given by Wingle (Pty) Ltd in any circumstances.



9. PRIVACY POLICY AND PERSONAL INFORMATION

   1. Each User and Client agree that, by using the Website, they provide 2busy2mingle with certain personal information, including, without limitation, its name, addresses, contact numbers, email addresses, Advertisements, and location information ("Personal Info").
   2. 2busy2mingle collects Personal Information to manage the website, provide services to the Users and Clients, and related purposes. Members / Users must provide certain Information to be able to access the website and make use of the services offered.
   3. By using the Website, each Member and Client explicitly consents to 2busy2mingle using or disclosing the Personal Info in the following circumstances:
      1. for communication and emergency purposes from time to time. Members or Clients can request their names be taken off the list;
      2. de-identified and aggregated Personal Info will be used for statistical and data analysis purposes;
      3. to improve the Website, to improve and develop new products, features, and services;
      4. in the ordinary course of its business and for promotions and marketing;
      5. to validate the Client's information and identity as part of a Client's use or continued use of 2busy2mingle's services;
      6. to any party if it believes that it is required by law or by a court to do so or if 2busy2mingle believes that this is necessary to prevent or lessen any unlawful or harmful actions.
   4. In terms of the Protection of Personal Information Act, 2013, a person whose Personal Info is collected has the right:
      1. of access to and the right to rectify the Personal Info collected;
      2. to object to the processing of Personal Info;
      3. to complain to the Information Regulator. Details may be obtained from 2busy2mingle.



10. INDEMNITIES AND WAIVERS

    1. Every Member and User acknowledges that:
       1. 2busy2mingle is not an agent, attorney, financial adviser, or any other professional adviser;
       2. Each client/User is responsible for the negotiation and conclusion of any agreements that may result from the posting or access to Advertisements on the Website;
       3. there is no obligation on a Client/User to make use of any of the service providers advertised on the Website;
       4. 2busy2mingle does not regulate or take any responsibility for the content, accuracy, or completeness of the Advertisements, the Client's/User's information, or the security of the Client's/User's passwords in respect of the Website.
    2. All Users and Clients hereby waive all rights and claims against 2busy2mingle in respect of loss, liability, damage (whether direct or consequential), or any expense whatsoever that may be suffered or incurred as a result of use or inability to use the services or content provided on the Website.



11. CONFIDENTIALITY

    1. Each Client and User undertakes to:
       1. Keep all information concerning 2busy2mingle and its business affairs confidential and from any third party, whether written or oral ("the information");
       2. not disclose this Information to any person other than its employees, agents, and/or consultants involved in the implementation of this agreement without the party's prior written consent;
       3. use the Information solely for the implementation of this agreement and not to benefit self or any third party; and
       4. keep confidential the terms and conditions of this agreement.
    2. The provisions of this clause do not apply to any Information which is:
       1. independently developed by the recipient;
       2. publicly available without breach of this agreement; or
       3. released for disclosure by the disclosing party with its written consent.



12. INTELLECTUAL PROPERTY INDEMNITIES

    1. All the content on the Website, including all graphics, text, icons, photographs, videos, hyperlinks, private information, designs, trademarks, software, databases, agreements, the name "Private Property" and the associated logo (which are both registered trademarks), the Website source code, copyrights and any modifications and/or upgrades thereto, are the intellectual property of 2busy2mingle.
    2. The Clients and Users must not reverse-engineer or attempt to copy the Website in any way. The Client and Users may not use any automatic device or manual process to monitor or copy any part of the Website.
    3. Users and Clients are granted limited licenses only to view the material contained on this Website.



13. PHOTO AND VIDEO CONTENT

    1. To the extent that 2busy2mingle produces or procures any videos, virtual tours, or photographic content, including High Definition videos and High Dynamic Range photography, (collectively "Visual Content") for the Client, at the Client's request and cost:
    1. 2busy2mingle will at all times own all the copyright and other intellectual property in the Visual Content;
    2. 2busy2mingle will license the Client to link or use the Visual Content on its company website and its social media platforms, provided that the specific media platform has been approved in writing by 2busy2mingle in its Acceptable Usage Policy or elsewhere and has not been expressly prohibited by 2busy2mingle in any document or notification;
    3. the Client and the Users may not digitally link, nor permit or direct the placement of, the Visual Content on any other website or digital marketing platform whatsoever, except as set out above.
    2. Any breach by the Client of the obligations in this clause will be a material breach of this agreement, entitling 2busy2mingle to suspend or terminate its service to the Client.
    3. 2busy2mingle may, at its discretion, amend the nature or format of the Visual Content that it makes available for subscription or use by the Client.



14. VARIATION OF TERMS

    1. 2busy2mingle is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms of Use regularly.



15. SUB-CONTRACTING

    1. 2busy2mingle may cede or assign any of its rights or obligations in terms of this agreement or sub-contract any of its obligations in terms of this agreement without requiring the prior consent of the Client/User.
    2. The Client/User may not cede or assign any of its rights or obligations in terms of this agreement without 2busy2mingle's prior written consent



16. DISPUTE RESOLUTION:

    1. Any dispute arising between the Parties in connection with the terms and conditions of the Website will in the first instance be referred for resolution to the respective Top Most Executives of each Party who shall attempt to resolve the dispute within 10 Business Days of it having been referred to them for resolution. If the Top Executives are unable to resolve the dispute within the aforesaid 10 Business Day period, either Party shall be entitled to refer the matter in writing for resolution by arbitration in terms of this clause.
    2. Any dispute referred to arbitration in terms of this clause shall be held:
       1. in Pretoria, Gauteng; and
       2. by the rules of the Arbitration Foundation of Southern Africa or any successor or replacement body (if any);
          it is the intention that the arbitration will be held and concluded within 21 Business Days after it has been demanded.
    3. The decision of the arbitrator will be final and binding on the Parties and there will be no right of appeal and the arbitrator’s decision may be made an order of the court at the instance of any Party to the arbitration.
    4. Nothing herein contained will prevent or prohibit either Party from applying to the appropriate court for interim or urgent relief.



17. GOVERNING LAW:

    1. This Agreement shall be governed by and construed by the internal laws of the Republic of South Africa without giving effect to any choice or conflict of law provision or rule.

This policy will be updated from time to time. Last update: Tuesday, 14 March 2023.