Terms and Conditions

The following information, defines the conditions under which the use of THE GHOOB WEBSITE is operated.

Only these Terms and Conditions apply to any contract made between us in relation to services provided by GHOOB. These conditions are accepted by the entirety of our subscribers during the registration stage by checking the option entitled “I accept the Terms and Conditions .” Any deviations from these specified conditions are not accepted.

You acknowledge that:

(a) these terms and conditions form an agreement between you and GhOOB;

(b) GHOOB 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/ (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 see our menu and explore the help option.

1. Membership and registration

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

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

(b) you are married.

(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.

1.3 When registering as a subscriber of GHOOB, you must ensure that all information provided are accurate. It is your responsibility to notify GHOOB of any changes to your information.

1.4 You are not allowed to have more than one profile on this website.

1.5 If requested, you must provide us with a form of identification (ID document, passport or drivers license) to verify your identity.

1.6 All personal information provided by you to GHOOB at the time of your registration will be treated with privacy and confidentiality.

1.7 You must maintain, and are responsible for, the confidentiality of your logon details.

2. General

2.1 GHOOB operates an Internet online matchmaking platform for paid subscribers . When you register for the website, you will receive access to the GHOOB database, which contains profiles and information about other members.

2.2 We cannot guarantee that you will be able to find or match with your soulmate

2.3 GHOOB cannot guarantee successful communication with other members. GHOOB is not responsible if no contact is made.

Paid membership

(a) You have to subscribe and become a “paid member” to access the profiles on the website.

(b) GHOOB reserves the right to change the cost of subscription 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.

2.5 Availability of www.ghoob.co.za

(a) Whilst GHOOB will do its best 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) GHOOB 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 GHOOB has no obligation to review any communication or information provided by members for inclusion on the website.

2.6 Changes to the website

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

6. Limitation of Liability

6.1 You acknowledge that:

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

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

(d) GHOOB 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.

6.3 You agree to release and hold harmless GHOOB 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.

6.4 You agree to indemnify GHOOB 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.

7. 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) 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 GHOOB. 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 GHOOB. 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 GHOOB.

9. 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 GHOOB that all content you submit to the website is true and correct and relates to you her personally. You acknowledge that GHOOB 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 GHOOB 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 GHOOB 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 GHOOB for any loss or damage it suffers as a result of such warranty.

9.7 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;

(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;

(d) the naming of value-added service 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 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, GHOOB can be entitled to require compensation for any resulting damage or expenses.

9.11 GHOOB 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.

10. Complaints

You may report abuse or inappropriate behaviour by another member or offensive content by sending a detailed email to GHOOB at chat@ghoob.co.za

11. Disputes with other members of the Website

11.1 GHOOB has the right but has no obligation to monitor disputes between you and other users of the website.

11.2 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 GHOOB and you release GHOOB from all claims, liability and damages arising from or in any way connected to the claim or action.

12. Blocking on Suspicion

12.1 GHOOB 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;

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

12.2 Upon GHOOB receiving a complaint, GHOOB will:

(a) If GHOOB 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 GHOOB or another member, as may be determined by GHOOB in its sole and absolute discretion, delete the content and give you notice of the deletion.

13. 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 GHOOB, 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) GHOOB 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.

13.3 Governing Law

(a) For residents of South Africa, these Terms of Use, your use of the website, and all related matters shall be governed solely by the applicable laws of South Africa, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of South Africa in relation to all disputes arising from or related to this Agreement, your use of the Site and any related matters.

13.4 Relationship of the parties

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

13.6 Amendments

GHOOB 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.

13.7 Entire agreement

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