Terms and Conditions
WARNING: This Website Contains Adult Material Of An Explicit Nature
You must be at least 18 years old to register on Swingers SA
Access by anyone under the age of 18 is strictly prohibited.
If you do not qualify, click here to leave our website now.
Terms and Conditions for access to Swingers SA
Please read these terms and conditions carefully, they contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.
To cancel our Services that we provide to you in accordance with your legal right to do so as set out in 4.5, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation process on our website. You can also e-mail us. If you are emailing us or writing to us please include details of your username and full contact details in order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us.
Swingers SA is a website operated by Swingers SA Limited whose registered office is at 34 Royal Saxon, Atlantis, Cape Town, Western Cape, South Africa (“the Company”).
1.1 Please read these Terms carefully before attempting to subscribe to Swingers SA (the website)
1.2 By clicking on the ‘I Accept’ when subscribing you agree to be legally bound by these terms and conditions as they may be modified and posted on our website from time to time.
1.3 If you do not wish to be bound by these terms and conditions then please leave the website immediately.
- Nature of our website
2.1 Swingers SA is a website dedicated to swinging. It is free to register as a member with option to subscribe to a membership to access added benefits of this website. On this site you’ll find a photo ads system, a forum message board, webcams, a live chat room, swinging advice and information on all matters relating to swingers across the South Africa.
2.2 We cannot guarantee that each member is 18 years old. To use any of the advanced features on the site (which require payment) you must verify your age by secondary means.
2.3 You may not post any naked photographs where the person is or appears to be under the age of 18. Members are also governed by the laws of their country and must not enter into any act which would be considered illegal by such laws. You may not permit any event to appear on the webcams who are or appear to be under the age of 18. We will at our sole discretion remove any photograph which we believe is unlawful or we have reasonable grounds to believe the person is under 18.
We reserve the right to remove the photographs and ban you from the service and where we deem appropriate report you to the police or other relevant body. Respect others and act within the law at all times. We encourage everyone to treat each other respectfully. Do not use the website to threaten, harass, stalk, or abuse others participating in any of the services that we provide through our website (the ‘Services’). Refrain from all expressions of bigotry, racism, and homophobia.
You may not redistribute images, photos or any personal data that you have found, copied or downloaded from our website. We reserve the right to remove any photographs uploaded without any explanation.
You cannot use any part of our Services to publish, post, distribute, or disseminate defamatory, infringing, obscene, or other unlawful material or information.
Members who wish to post naked photographs of themselves must be over the age of 18.
- Conditions of access to the online service
3.1 Subscription to Swingers SA is free. Payment is required when you wish to upgrade your account and have unrestricted access to the whole website. When we accept your details we grant you a non-exclusive, non-transferable licence to use the Service. This licence to use our Service and any third event material that forms part of the Service (‘Materials’) is granted on the terms and conditions of this Agreement.
3.2 In relation to the Service:
(a) You may:
(i) Display Materials electronically on a single computer to one person;
(i) Download and store one copy of the Materials in machine readable form; and
(iii) Print one copy of the Materials.
(b) You may not:
(i) Download, store, reproduce, transmit, display, copy, distribute or use Materials other than in accordance with sub-clause 3.3(a) above;
(ii) Sub-license, rent, lease, transfer or attempt to assign the rights in the Materials to any other person;
(iii) Make the Materials available on a network;
(iv) Use the Materials in any manner, or transfer or export the Materials or any copies into any country, other than in compliance with applicable laws; or
(v) Allow any other person to use the Materials other than in accordance with the terms and conditions.
3.3 You accept that you are responsible for the confidentiality and use of your username and password, and agree not to transfer or re-sell your account to any third event. If you believe your account is no longer secure you must immediately change your password, which can be done in the ‘Settings’ section.
3.4 The Materials are presented solely for your private, personal and non-commercial use, and may not be re-sold.
3.5 We may terminate or suspend your use of the Service at any time if you are found in breach of any of these terms. The Service is moderated by Moderators. Moderators and admin may modify, adapt or delete any postings made to any area of the Service.
PLEASE NOTE THAT YOU HAVE EXPRESSLY REQUESTED THAT WE PROVIDE THE SERVICES TO YOU BEFORE THE EXPIRY OF THE RIGHT TO CANCEL OF 14 DAYS.
4.1 To access the Service we require payment by credit/debit card, cheque or postal order. There is a once off payment for your annual subscription or you can pay on a monthly basis.
Important information regarding billing
4.2 ANNUAL PAYMENT
On subscription your card is debited the full subscription fee.
4.3 MONTHLY PAYMENT
If you upgrade to a monthly payment package, a payment will be debited from your account each month until you cancel your account. Please note that if you cancel the subscription service and you are a monthly subscriber you MUST first cancel the payment before cancelling the service. Failure to do so will result in your account continuing to be charged and there will be no right to a refund.
To see how you can cancel your monthly subscription please click here.
Once cancelled your credit card will not be automatically debited to renew your membership, your account will simply downgrade until you make another payment if you so wish.
4.4 Swingers SA is entitled to refuse any subscription request placed by you. If your subscription request is accepted, we will confirm acceptance to you by online electronic means (‘Confirmation’) to the e-mail address you have given us on registration. As the supply of the Service to you begins with our confirmation to you, you will have no right to cancel our agreement under the Consumer Protection (Distance Selling) Regulations 2000.
4.5 RIGHT TO CANCEL
In accordance with the Consumer Contracts (Consumer Protection Act No 68 of 2008) (Consumer Contracts Regulations) you have the right to cancel the services because you have expressly requested that the Services are provided to you before the expiry of the 14 days period (‘The Cancellation Period’). If you wish to cancel please complete our cancellation form and send this to us. We do not accept any other form of cancellation.
4.6 You undertake that all details you provide to us for the purpose of subscribing to the Service will be correct, that the credit or debit card, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any subscription. We reserve the right to obtain validation of your credit or debit card details before providing you with any Service.
- Warranties and returns
5.1 We warrant that:
(a) We have a right to license the Materials to you; and
(b) We will provide the Service with reasonable skill and care.
5.2 If you have any complaints, you should direct them to us via e-mail we will use our reasonable endeavours to respond within 48 hours.
- Modifications to the online service
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of the Service, including your access to it. Unless explicitly stated to the contrary any new features will be subject to these terms and conditions. Please note that although we try to ensure that the content of our website and/or the Service is accurate, it our website and/or the Service may contain typographical errors or other inaccuracies.
- Information you provide
7.1 The following applies to any information you provide to us, for example, during any registration or subscription process:
You authorise us to use, store or otherwise process any personal information which relates to and/or identifies you, including, but not limited to, your name and address, to the extent reasonably necessary to provide the service which are available through our website by us.
7.2 Please note your information will NEVER be used by sold to third event unless the business is sold. We will never use any information you give us for anything other than for administration purposes, helping you to make the most of it. Access to your photographs and to the forum sections of the website can be controlled by you. This will ensure anonymity. We advise you to set up your controls to ensure no one spams your e-mail address.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for access to the Service. You may not share these with or transfer them to any third events. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
- Applicability of online materials
9.1 Our website is controlled and operated by us from our offices in the South Africa. Where Materials published in the Service are supplied by third events, you understand that we do not control or endorse their contents in any way. All Materials which are offered by third events, are published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of those Materials (on or off-line) and the use of those Materials. You assume total responsibility and risk for your use of the Materials and the Service.
9.2 We make no warranties, express or implied that making the Materials and the Service available in any particular jurisdiction outside the South Africa is permitted under any applicable non-SA laws or regulations. Accordingly, if making the Service, the Materials or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Service or the relevant Materials are not offered for subscription to you and you must cease using our Service immediately. You accept that if you are resident outside South Africa, you must satisfy yourself that you are lawfully able to subscribe to the Service. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the access or attempted access of the Service by persons in jurisdictions outside South Africa or who are nominees of or trustees for citizens, residents or nationals of other countries.
- Copyright and monitoring
10.1 The contents of the Service are protected by international copyright laws and other intellectual property rights. The owner of these rights is the Company, our affiliates or other third event licensors. All product and company names and logos contained within our website or the Service are the trademarks, service marks or trading names of their respective owners, including us.
10.2 Where you submit any contribution or posting to any of the Company’s websites you agree by submitting your contribution to grant the Company a perpetual, royalty free, non-exclusive right and licence (including the right to sub-licence) to use, reproduce, modify, adapt, publish and exercise all copyright with respect to your contribution worldwide.
10.3 Further to sub-clause 10.1, by submitting your contribution to the Company’s websites you:
(a) Warrant that your contribution is your own original work, is not defamatory and does not infringe any law;
(b) Indemnify the Company and our affiliates against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the above warranty.
- Linked websites
We make no representations whatsoever about any other websites which you may access through the Service. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
- Availability of the online service
We will try to make the Service available but cannot guarantee that the Service will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Service and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.
13.1 We exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Materials, the Service, our website or any information or service provided through our website.
13.2 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of the Service or the Materials, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity.
13.3 Without prejudice to the above, we accept no liability in respect of any of the activities or events organised by users of our Services that are advertised on our website. Our use of moderators and operators and chat room operators and other administration of the websites does not imply a knowledge on the part of the Company or its affiliate of the website content.
13.4 We do not warrant that the functions of the website or the Services will be uninterrupted or error free, that defects will be corrected or that the Swingers SA website or the server that makes it available are free of viruses or bugs.
13.5 We accept no liability if the system that you are using is running out of date software, or software that cannot be updated, which inhibits your access to certain parts of the site.
13.6 We accept no liability for any content that users upload that may be in breach of pre-existing copyright protection.
13.7 The limitations and exclusions in this clause do not affect your statutory rights.
14.1 We may assign, transfer, notate or subcontract any or all of our rights and obligations under these terms and conditions at any time.
14.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of the Service will be governed by that version. You should return to these terms and conditions on a regular basis to check for any changes.
14.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
14.5 These terms and conditions and your use of our website are governed by South African law and you submit to the non-exclusive jurisdiction of the South African court.
14.6 Except in respect of a payment obligation, neither you nor Swingers SA will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.
14.7 Failure or delay by either event enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that right or remedy.
14.8 These terms and conditions do not confer any rights on any person or event (other than you and/or us) pursuant to the Contracts (Rights of Third Events) Act 1999.
These terms and conditions replace all other terms and conditions previously applicable to the provision of the Service.