GoVenus

Terms and Conditions of Use

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GoVenus GoVenus Terms of Service &amp. Conditions of Use Effective as from 1 April 2017.   GOVENUS WEBSITE TERMS AND CONDITIONS THESE TERMS AND CONDITIONS ARE APPLICABLE TO YOUR ACCESS AND USE OF THE GOVENUS SOFTWARE APPLICATION AND/OR WEBSITE AND THE CONTENT PROVIDED BY GOVENUS. PLEASE READ THESE TERMS CAREFULLY. YOUR CONTINUED USE OF THE APPLICATION AND/OR WEBSITE WILL MEAN THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND/OR THE PRIVACY POLICY, YOU SHOULD DISCONTINUE YOUR USE OF THE APPLICATION AND WEBSITE. ALL OF THE TERMS AND CONDITIONS IN THESE TERMS ARE IMPORTANT, BUT PLEASE PAY SPECIAL ATTENTION TO THE PARTS THAT ARE INSIDE A BOX WITH BOLD WRITING. THESE PARTS CONTAIN INFORMATION ABOUT TERMS AND CONDITIONS THAT HAVE SPECIAL CONSEQUENCES FOR YOU. 1. Introduction 1.1 Heavenly Concepts Pty Ltd ("GoVenus" or "we" or "us" or "our") offers an online relationship service, using primarily the ancient art of astrology to help you find a suitable matching potential partner (the "Service"). The Service allows you to find information on an individual's astrological profile, based on their date, time (where provided) and place of birth. It also allows you to register to receive matching members' details, and for you to share your astrological profile with matching members. You can then see more information about that member as well as have a basic chat. 1.2 The GoVenus website and any pages comprising of the website which is accessible at www.govenus.co.za and the GoVenus Software Application (the “App”) which is accessible on the Apple iTunes Store and the Google Play Store) (collectively the "Website"), is made available by Heavenly Concepts Pty Ltd, registration number 2017/022361/07 whose address is at Shine Studios, cnr. Smit &amp. Henri St., Braamfontein, Johannesburg, 2001, South Africa, to you subject to these terms and conditions ("Terms"). 1.3 Any reference to "GoVenus", "we", "our" or "us" includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers. 1.4 These Terms apply to any person who: 1.4.1 browses, uses, accesses, refers to, views and/or downloads the information made available by us on the Website ("Content"). and/or 1.4.2 registers as a user on the Website by creating a user account ("users" or "you" or "your"), 1.4.3 downloads and installs one or more copies of the App on one or more mobile devices, for whatever purpose. 2. Your acceptance of the Terms 2.1 By accessing, using and/or downloading any Content from the Website in any way, and/or by creating a GoVenus account, regardless of the device which you use to access it, which device is capable of using or enabled to use the Website, including but not limited to internet-connected computer, mobile devices and tablets ("Access Device"), you agree that you enter into a legally binding contract with us upon (i) these Terms. (ii) our privacy policy which is accessible at http://www.govenus.co/privacypolicy.html ("Privacy Policy"). and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services that we offer on the Service. If you do not agree to the Terms or the Privacy Policy, please do not continue to access, use or download any content from the Website. 2.2 These Terms, the Privacy Policy, and any additional document we incorporate by reference in these Terms constitute the complete and exclusive understanding and agreement between you and us. 2.3 You may print a copy of these Terms. If you have any difficulty printing these Terms or require assistance in obtaining a hard copy or electronic copy of these, you should contact us via email at legal@govenus.co 3. Modification of Terms and Conditions 3.1 We may at any time update, amend or modify the Terms at out our sole discretion, and your continued access or use of the Website, Content and/or our Services will be subject to the Terms in force at the time of your access or use of the Website. 3.2 No notification of any change to the Terms is required. 3.3 If you do not agree with any updates, amendments or modifications, you must not continue to use the Website, Content and our Services. 4. Eligibility 4.1 You must be at least the age of majority in your jurisdiction to create an account on GoVenus and use the Services. By creating an account and using the Service, you represent and warrant that: 4.1.1 you can form a binding contract with GoVenus; 4.1.2 you are not a person who is barred from using the Service under any applicable laws; 4.1.3 you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. and 4.1.4 you have never been convicted of a crime and that you are not required to register as a sex offender with any national or international sex offender registry. 5. Registration and account You may be required to register on the Website by completing an electronic registration form or granting GoVenus access to your Facebook profile. Only users who have registered are eligible to use the Services. 6. How to register 6.1.1 If you are a first time user you must register on the Website to create a user account ("Account"). 6.1.2 You will be required to complete an electronic registration process which will include: 6.1.2.1 granting access to your Facebook public profile; 6.1.2.2 providing us with all the information we require, including but not limited to your full name, citizenship, valid email address, contact number, physical location, date and place of birth, and preferably other details regarding your birth (including the time of your birth). and 6.1.2.3 agreeing to the Terms and Privacy Policy. 6.2 You must provide accurate and complete information as prompted by the electronic registration form or any other request made by us. Your registration will be rejected if you fail to properly complete the electronic registration process. 7. Your Account 7.1 After you complete the registration process described in paragraph 6, we will create your Account. A registered user of the GoVenus Website will hereinafter be referred to as a "user". 7.2 Your Account will enable you to: 7.2.1 create a profile which can be browsed by other users of the Website; 7.2.2 browse the profiles of other users of the Website; 7.2.3 communicate with other users of the Website; 7.3 You are responsible for maintaining the confidentiality of your login credentials you use to sign up for GoVenus, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact support@govenus.co. 8. Accessing the use of the Services 8.1 You agree that you are, at your own cost, solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you to use the Website and the Services. You must, at all times, provide your own hardware, software as well as internet connectivity and telecommunications infrastructure. We will not be responsible for your inability to access the Website, Content and/or our Services. 8.2 We are not responsible for any Internet access charges, service provider charges and data usage charges. These charges must be paid by you or the owner of the Access Device used to access the Website. 8.3 We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, in our sole discretion, remove any infringing Content if we are of the view that such Content infringes on another's intellectual property rights. 8.4 The Website and the Services available through the Website may contain links to other third party websites, including (without limitation) social media platforms ("Third Party Websites"). If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. We do not in any way whatsoever endorse or take responsibility for the content, privacy policies and views expressed in or by any Third Party Websites. 8.5 Hyperlinks provided to Third Party Websites are provided "as is" and we do not necessarily agree with, edit or sponsor the content on such Third Party Website. No person, business or website may frame this Website or any of the pages on this Website in any way whatsoever. 9. Accuracy of information 9.1 Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of all of the Content available on the Website, the Content of the Website is intended for your general information purposes only, and to the extent allowed by law, should not be relied upon by you as specific advice of any kind. 9.2 You understand and agree that the information, details and descriptions set out on the Website, including the information regarding other users and our Services, may change from time to time. This Website may therefore not always contain the correct or most up-to-date information, details and descriptions. 9.3 You acknowledge that any information, ideas and opinions expressed on the Website is not intended to, and does not, constitute professional advice or a replacement or substitute for professional advice of any nature whatsoever. 10. Your behaviour when using the Website and the Services 10.1 You may not use the Website to obtain or distribute: 10.1.1 copyrighted material or material protected by law without our prior written consent. or 10.1.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software. 10.2 You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Website or our Services. 10.3 You are strictly prohibited from using the Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts. 10.4 You are not allowed to: (i) frame, modify, distribute, commercialise, exploit and/or alter the Website or the Content. (ii) incorporate any part of the Website and/or Content in any other work or publication. and/or (iii) perform any other act which may not be considered fair use. 10.5 You shall not intercept any information transmitted to or from us or the Website which is not intended by us to be received by you. 10.6 You are not permitted to create a hyperlink or similar reference whether electronically or otherwise to the home page or any other page of the Website without our prior written consent. 10.7 Subject to the further provisions of these Terms, the Website, Content and/or our Services may only be used by you for lawful purposes and shall not extend to the use of the source code of the Website or the Content. 10.8 Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content. 10.9 In addition, you shall not and shall not allow a third party to: 10.9.1 decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website and/or the Content ("the Software") or any files contained in or generated by the Software by any means whatever; 10.9.2 remove any product identification, copyright or other notices, from the Software or documentation. or 10.9.3 disseminate performance information or analysis of the Software from any source relating to the Software. 11. In App purchases 11.1 Products or services 11.1.1 From time to time, GoVenus may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorised by GoVenus (each, a "Software Store"). 11.1.2 We reserve the right, but are not obligated to limit the sales of our products or services to any person, geographic region or jurisdiction, and to limit the quantities of any products or services that we offer. We may exercise this right on a case-by-case basis. 11.1.3 All descriptions of services and/or products or service and/or product pricing are subject to change at any time without notice to you, at our sole discretion. We reserve the right to discontinue any product or service at any time and we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product or service offered on the Website. 11.1.4 Any offer for any product or service made on this Website is void where prohibited under any applicable law. 11.2 Billing and account information 11.2.1 If you choose to make an in app purchase, you will be prompted to enter details for your account with your relevant Software Store, and your account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase, as well as the general terms for in app purchases that apply to your account. 11.2.2 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 11.2.3 You agree to provide current, complete and accurate purchase information for all in app purchases made by you, and to promptly update your information (including your email address) so that we can complete your transactions and contact you as needed. 12. Modifying the services and termination 12.1 GoVenus is entitled to add new service and/or product features or enhancements from time to time and/or remove some features, and if these actions do not materially affect your rights or obligations, we will not be required to provide you with notice before taking them. 12.2 GoVenus may also suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances (including but not limited to requirements under applicable laws or safety or security concerns) prevent us from doing so. 13. Intellectual property rights 13.1 The Website contains Content which is owned by or licensed to us, and is protected by South African and international intellectual property laws. We reserve all rights (including all intellectual property rights) not expressly granted herein in respect of the Website and the Content we make available on or via the Website. 13.2 This Content includes, but is not limited to, the text, design, layout, look, appearance and graphics in relation to the Website. Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the any Content or any component thereof is prohibited. The trademarks, names, logos and service marks (collectively "trade marks") displayed on the Website are the registered and unregistered trademarks of GoVenus. 14. Rights you grant GoVenus 14.1 By creating an Account, you grant GoVenus a worldwide, transferable, sub-licensable, royalty-free, right and licence to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorise us to access, as well as any information you post, upload, display or otherwise make available (collectively, “post”) by using the Service or transmit to other users (collectively, “User Content”). Our license to your User Content is subject to your rights under applicable law, and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any User Content that you make available as a result of using the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service. 14.2 You agree that all information that you submit upon creation of your Account, is accurate and truthful and you have the right to post the User Content and grant the license to GoVenus above. 14.3 You understand and agree that we may monitor or review any User Content you post as part of the Service. We may delete any User Content, in whole or in part, that in our sole discretion violates these Terms or may harm the reputation of GoVenus. 14.4 If, at any time and for any purpose, whether at our request or not, you send any submissions, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to (i) maintain any Comments in confidence. (ii) pay compensation for any Comments. or (iii) respond to any Comments. 14.5 You agree that GoVenus may access, preserve and disclose your Account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process. (ii) enforce these Terms. (iii) respond to claims that any User Content violates the rights of third parties. (iv) respond to your requests for customer service. or (v) protect the rights, property or personal safety of GoVenus or any other person. 15. Personal Information and privacy 15.1 We collect personal information from you. We will handle the collection, processing and storage of your personal information in accordance with our Privacy Policy accessible at http://www.govenus.co/privacypolicy.html 15.2 By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in our Privacy Policy. 15.3 You agree and warrant that: 15.3.1 the data you provide is your own and not falsified, and that you are responsible for ensuring the information contained is accurate and up to date; 15.3.2 the username and password is your personal account and shall not be distributed to any other party; 15.3.3 you will ensure that the password follows good security guidelines. and 15.3.4 should you become aware of any breach of security or suspicious activity with regard to your data provided to us you will notify GoVenus immediately at support@govenus.co. 16. Safety &amp. your interactions with other Users 16.1 GoVenus is not responsible for the conduct of any user, whether such user is online or offline. You agree to use caution in all interactions with other users, particularly if you decide to communicate outside of the Service or meet in person. 16.2 YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT GOVENUS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. GOVENUS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. GOVENUS RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS. 17. Exclusion of warranties and representations 17.1 To the extent allowed by law: 17.1.1 the Website, Content and Services are supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It shall be your own responsibility to ensure that any services or Content available through this Website meets your specific requirements. and 17.1.2 the Website, Content and the Services are provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or as to the operation, accuracy, completeness, integrity, compatibility, availability, functionality or reliability of the Content. 18. Indemnity 18.1 To the extent allowed by law, you agree to defend, indemnify us and hold us and our officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: 18.1.1 your use of and access to the Website, Content and/or the Services. 18.1.2 your violation of any term of these Terms. 18.1.3 your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right. or 18.1.4 any claim that your User Content caused damage to a third party. 18.2 This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Website, Content and/or Services. 19. Limitation of liability 19.1 Subject to paragraph 19.2 below, and as far as the law allows, neither us nor any of our successors, assigns, directors, service providers, suppliers, employees or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website, Content and/or Services provided from and through the Website (including but not limited to, the failure of relationships formed as a result of your use of the Website and the Services). Furthermore, we make no representations or warranties, implied or otherwise that the Website, the Content and technology (amongst other elements available from the Website) are free from errors or omissions and shall be 100% uninterrupted and error free. The provisions of this paragraph 19.1 shall constitute a stipulatio alteri in favour of our officers, subsidiaries, affiliates, successors, assigns, directors, employees and/or representatives. 19.2 No provision of these Terms (or any contract governed by these Terms): 19.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption. and 19.2.2 requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability. 20. Assignment 20.1 These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. We may, at any time, transfer or assign any or all of our rights and obligations under these Terms. We will notify you if we assign any rights or obligations to a third party. We do not have to inform you where we assign any rights or obligations to any of our affiliates or sub-contractors which we may appoint. 20.2 These Terms shall inure to the benefit of and be binding upon our successors and assigns. 21. Violation of terms Please report any violations of the Terms (including the Privacy Policy or any documents incorporated by reference) that you become aware of by contacting us at legal@govenus.co. Any failure to act by us with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. 22. Electronic communications By using the Website and/or the Services and accepting these Terms, you agree that all agreements, notices, disclosures and other communications sent by you or GoVenus satisfies any legal requirements, including but not limited to the requirement that such communications should be "in writing". For the purposes of this paragraph, a "data message" means data generated, sent, received or stored by electronic means. 23. Additional information 23.1 More information about us is as follows: 23.1.1 Full name and registration number: Heavenly Concepts 2017/022361/07 23.1.2 Main business address of receipt for legal service: Shine Studios, Cnr. Smit &amp. Henri St., Braamfontein, Johannesburg, 2001, South Africa 23.1.3 Office bearers (directors): See CIPC for current deails 23.1.4 Official website: http://www.govenus.co 23.1.5 Email address: support@govenus.co 24. Consumer Protection If these Terms (or any contract governed by these Terms) are regulated by or subject to any consumer protection laws in your jurisdiction, it is not intended that any provision of these Terms contravene any such provisions. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the applicable consumer protection laws are complied with. 25. Governing law These Terms shall be governed by the laws of the Republic of South Africa and you consent to the jurisdiction of the High Court of the Republic of South Africa. 26. Severability If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. 27. Whole agreement These Terms make up the whole agreement between you and us relating to the Website, Content and/or Services. As far as the law allows, and accept as we may both otherwise agree in terms of a written agreement between us, neither you nor we are legally obliged to comply with any term, condition, undertaking, representation, or promise relating to the Website, Content and/or Services that is not recorded in these Terms. 28. Interpretation In these Terms headings are for convenience and not to be used in interpreting these terms, and unless expressly stated otherwise or otherwise required by the context: 28.1 references to the singular includes the plural and vice versa; 28.2 words in any particular gender include the other genders (male, female and neutral). Reference to a neutral gender (for example 'they' or 'it') include all genders; 28.3 words or expressions that are defined or capitalised in these Terms shall have the same meaning wherever used in these Terms; 28.4 the word ‘including’ or 'include' or 'includes' must not be interpreted as limited to the list following the word or excluding other items from a list following the word. The word: 28.4.1 'including' means 'including but not limited to'. 28.4.2 'include' means 'include but is not limited to'. and 28.4.3 'includes' means 'includes but is not limited to'. 29. Our contact details 29.1 We choose the address set out in paragraph 1.2 above as the place at which we will accept service of legal process for all purposes under these Terms or communication of whatsoever nature. 29.2 If you have questions about these Terms, our Privacy Policy or any documents incorporated by reference in these Terms, please contact us at legal@govenus.co About us Privacy Policy Ts &amp. 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