Terms & conditions
Terms of Service
MyPaidDate (“us”, “we”, or “our”) operates the MyPaidDate website and mobile application (the “Service”).
- Introduction
MyPaidDate is a Rent a Date, Rent a Friend, Rent a companion platform that is purely for social purposes (” MyPaidDate Services”). The person that is presented by MyPaidDate for the Service stipulated is referred as a “Member”. By using the service of MyPaidDate website (the “Website”), you (“User” or “You”) agree to be bound by these Terms of Service (this “Agreement”).
- Binding Agreement
This Agreement is an electronic contract that sets out the legally binding terms. This Agreement may be modified by MyPaidDate in its sole discretion at any time, and any such modifications will be posted on the Website. You are responsible to regularly review the Agreement and your continued use of the Service after the posting of modifications to this Agreement will constitute your acceptance of the revised Agreement. Please read this Agreement carefully before accessing or using the Service. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference before you use any part of the Service. Your continued use of the Website or the Services after the posting of modifications to this Agreement will constitute Your acceptance of such revisions.
- Roles
We offer a social platform that allows You connect with individuals by service of ; to rent a friend, rent a date or rent a companion for meet-ups and anything that is purely for social purposes only. After accepting a booking Members , enter into a contract directly with You. MyPaidDate is not and does not become a party to or a participant in any contractual relationship between You and the Members. MyPaidDate is not acting as an agent for any Member. While we work hard to ensure that You and our Members have great experiences using MyPaidDate, we do not and cannot control the conduct or performance of Users and Members and do not guarantee:
(i) the existence, quality, safety, suitability, punctuality or legality or
(ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by the Members and Users. You acknowledge that MyPaidDate has no general obligation to monitor the use of the MyPaidDate Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to:
(i) operate, secure and improve the MyPaidDate Platform (including for fraud prevention, risk assessment, investigation and customer support purposes).
(ii) ensure Members’ compliance with these Terms.
(iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body.
(iv) address Member’s content that we determine is harmful or objectionable.
(v) take actions set out in these Terms.
(vi) maintain and enforce any quality or eligibility criteria, including by removing listings that don’t meet quality and eligibility criteria. Where we remove or disable content, we will notify a Member and provide the reasons for such a measure, unless such notification
(i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You and Members agree to cooperate with and assist MyPaidDate in good faith, and to provide MyPaidDate with such information and take such actions as may be reasonably requested by MyPaidDate with respect to any investigation undertaken by MyPaidDate regarding the use or abuse of the MyPaidDate Platform.
- TERMS OF USE
By downloading, browsing, accessing or using MyPaidDate mobile application (“Mobile Application”), You (“User” or “You”) agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If You disagree with any of these Terms and Conditions of Use, You must immediately discontinue Your access to the Mobile Application and Your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.
- Eligibility
YOU CANNOT USE THE PLATFORMS OR THE SERVICE IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE AND/OR THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT. Whilst the Company requires all users or members to be at least eighteen (18) years old, we are not responsible or liable for any misrepresentations regarding a user’s or member’s age or for the unauthorized use of the Platforms or Service by a minor.
- USER CONDUCT
In your use of MyPaidDate Service, you agree to act responsibly, and in a manner demonstrating the exercise of good judgment. You agree and warrant that YOU WILL NOT:
Use the Service or any information displayed within the service to harass, abuse, defame, threaten, stalk or defraud other users;
Use the Service for any unlawful purpose or encourage, promote, facilitate or instruct others to do so, or violate the privacy or other rights of other users;
Use the Service to cause nuisance or inconvenience;
Include offensive, pornographic, sexually explicit, obscene, violent materials, or materials that are harmful in the personal profile of the Service, or transmitting content to other users using the Service;
Post any content within the Service that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Promote hate speech, threatening, sexually explicit or pornographic incites violence or contains nudity or graphic or gratuitous violence within the Service;
Include material in the personal profile page which contains images, photographs, audio or video of any person under the age of eighteen (18);
Post, upload or transmit false, misleading or illegal information or content to the Service;
Impersonate any person or entity or post any images of another person without his or her permission;
Send spam or unsolicited messages;
Create, control or possess more than one user account, or use a name that is not yours or any temporary email address or phone number or other false information, or we have already suspended or terminated your account, unless you have our permission;
Send or receive fraudulent or potentially fraudulent funds;
Collect, store, upload or publish any personal data or information about other users without their consent or other than in the course of the permitted use of the Service;
Provide false information or identification evidence to us upon request;
Use the Service to match one user with another person, without our authorisation;
Infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, in any manner;
Impair the proper operation of any network within our Service and Platform;
Use the Service for any use except your own and will not resell or attempt to resell any part of the Service to any third party;
Use unauthorised Wi-Fi access points or mobile data accounts;
Use any mechanism to mask your identity or location;
Send messages using the Service which do not correctly identify the sender and will not alter the attribution of origin in email messages or postings;
Breach this Agreement, card processing or other agreements you have entered into with the Company or third parties;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by the Company without express written permission;
Violate laws, statutes, ordinances or regulations, including without limitation, those governing safety, health, medical records, financial services, consumer protection, unfair competition, anti-discrimination or false advertising;
Use the Services for any commercial or non-private use, such as the sale or advertisement of goods or services;
Operate or attempt to operate a business via the Service;
Solicit, manage, organize, accept or engage in illicit activity, including without limitation, gambling, money laundering, prostitution, human trafficking or escort services;
Contact third parties or users of the Service without their express prior written consent;
Cause to attempt complaints, disputes, claims, chargebacks, fees, penalties or other liability;
License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way;
Modify or make derivative works based upon the Service;
Create “links” to the Service, “frame” or “mirror” any part thereof on any server, wireless or Internet device;
Use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or exploit the any portion of the MyPaidDate Platforms or Service or any software used on or for the Service;
Reverse engineer any portion of the Service;
Build a competitive product or service;
Build a product using ideas or features similar to the Service;
Copy any ideas or features of the MyPaidDate Service or launch an automated program or script, including without limitation, spiders, crawlers, robots, bots, ants, indexers, viruses, worms or any program which make multiple server requests or unduly burden the operation of the Service;
Send or store infringing, obscene, threatening, libelous, unlawful or tortious material, including without limitation, material harmful to children or in violation of privacy rights;
Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
Interfere with or disrupt the integrity or performance of the Service or data contained therein;
Attempt to gain unauthorised access to the Service;
Disrupt our service in any way;
Advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
Assist any third party in doing any of the foregoing.
7.1 CANCELLATION AND REFUND FOR SOUTH AFRICA ONLY
If you join as a Babe in South Africa, you are able to use MyPaidDate ‘s payment request. When a client has made a payment using via MyPaidDate and both parties (clients and members) have received the confirmation message, it is considered as a scheduled meet-up.
We encourage clients to make the payment 1 or 2 days before the meetup. Please do not make a one month advance booking.
A 100% refund is given if you cancelled the meetup within 7 days from the original date of payment. A 100% refund is applicable if your date did not turn up or when your date cancelled the meetup. If the cancellation is made less than 12 hours to the scheduled meet-up time, only 50% of the payment made will be refunded. In an event, where the Member is late, for instance, 15 mins, he/she will stay 15 mins more to compensate for the time gone. You will also have a choice of getting a full refund if he/she is late by more than 30 mins if You do not wish to continue with the date. In the event if Your date did not turn up, You will get a 100% refund and your date will receive a penalty from us.
For all refunds or dispute, please contact our Live Agent.
In all circumstances, MyPaidDate ‘s decision shall be final and shall be under no obligation to provide a full refund for payment received.
7.2 INDEMNIFICATION
You agree to indemnify and not hold any responsibilities on MyPaidDate, its affiliates, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, and expenses arising from Your use of the service.
- DISCLAIMER
You agree and acknowledge that Your use of the Service is at Your sole risk. MyPaidDate does not warrant that the service will meet Your specific requirements or/and expectations.
- LIMITATION OF LIABILITY
You acknowledge and agree that MyPaidDate shall not be liable for any direct, indirect damages or losses, arising from the use of the service.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYPAIDDATE, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF MYPAIDDATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MYPAIDDATE’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO MYPAIDDATE FOR THE SERVICE AND USD100 WHILE YOU HAVE AN ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- CHANGES TO TERMS OF SERVICE
MyPaidDate is not obliged to, notify You with updates to the changes to these terms of service. The terms of service may be updated from time to time and You are encouraged to review the terms of service from time to time.
- VIOLATIONS OF TERMS OF SERVICE
Please report violations of this terms of service by contacting us at info@mypaiddate.co.za
- COPYRIGHT INFRINGEMENT
If there is any website content, photograph or images that violate of Your copyrights, please immediately notify MyPaidDate by sending an email to info@mypaiddate.co.za
- MEMBER DISPUTES
If You have a dispute with a Member, You agree not to hold MyPaidDate liable from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- ENTIRE AGREEMENT
These Terms constitute the entire agreement between MyPaidDate and You in relation to Your use of this Mobile Application or Website, and supersede all prior agreements and understandings.
- GOVERNING LAW & JURISDICTION
These Terms will be governed by and interpreted in accordance with the laws of South Africa, and You submit to the non-exclusive jurisdiction of the state and federal courts located in South Africa for the resolution of any disputes.
- SUBCRIPTION & MEMBERSHIP
MYPAIDDATE MAINTAINS A STRICT NO-REFUND POLICY. ALL PURCHASES MADE ON THE WEBSITE ARE FINAL. IF YOU CHOOSE TO PURCHASE A SUBSCRIPTION PACKAGE ON THE WEBSITE, YOU AGREE THAT ABSOLUTELY NO REFUNDS, EITHER FULL OR PARTIAL, WILL BE ISSUED FOR ANY REASON OR FOR ANY UNUSED OR REMAINING SUBSCRIPTION OR CREDITS.
- CANCELLATION POLICY
You may cancel your paid membership subscription at any point in time. To cancel your membership subscription, just click on the CANCEL SUBCRIPTION button. If the Company terminates your paid membership subscription, you will not be entitled to any refund of unused or remaining subscription fees and/or credits.
- Privacy and Protection of Personal Information
At My Paid Date, we are committed to protecting the privacy and personal information of our users and clients in full accordance with the South African Protection of Personal Information Act (POPI Act). This statement outlines our practices concerning the collection, processing, storage, and protection of personal information obtained through our services.
Collection and Use of Personal Information:
We collect personal information from our users and clients solely for legitimate and lawful purposes related to providing our services. This information may include but is not limited to names, contact details, and other data necessary for the fulfillment of our contractual obligations.
Consent:
By using our services, users and clients provide their explicit consent for the collection and processing of their personal information in accordance with this statement and the provisions of the POPI Act. Users have the right to withdraw their consent at any time, subject to any legal or contractual requirements.
Information Security:
We maintain appropriate technical and organizational measures to safeguard personal information against unauthorized access, disclosure, alteration, or destruction. Our security protocols adhere to industry standards and continuously evolve to protect the privacy and confidentiality of our users’ data.
Data Retention:
We retain personal information only for as long as necessary to fulfill the purposes for which it was collected, or as required by applicable laws and regulations.
Data Subject Rights:
Our users and clients have the right to access, correct, update, or delete their personal information in our possession. Requests for exercising these rights can be made by contacting our Privacy Officer at [info@mypaiddate.co.za].
Third-Party Disclosure:
We do not share or disclose personal information to third parties, except as required to fulfill our contractual obligations or as mandated by law.
International Data Transfers:
In cases where personal information is transferred outside of South Africa, we ensure that the recipient country provides an adequate level of protection, as required by the POPI Act.
Complaints and Dispute Resolution:
We are committed to addressing any complaints or concerns regarding the processing of personal information promptly and fairly. Users and clients can reach out to our Privacy Officer to lodge complaints or seek resolution.
Updates to Terms and Conditions:
We may update our terms and conditions, including this privacy statement, from time to time. Any changes will be communicated through appropriate channels and become effective upon posting.
By using our services, users and clients acknowledge and agree to the terms outlined in this statement, demonstrating their consent for the collection and processing of their personal information as described herein.
