Terms & Conditions

Share the joy of love that warms our hearts and tell us about how you have found your perfect match on Friends4You.

The service and website www.friends4you.co.za is provided by:

Friends4You Online Dating PTY LTD
21 Hillside Road
7975 Cape Town

By accessing and using the “website” – henceforth referring to www.friends4you.co.za – you agree to be bound by these terms and conditions and the privacy policy.

For a simple cancellation of your membership, please see our Help & FAQ. If You have any questions, please contact our friendly Support Team via [email protected]

By accepting these Terms and Conditions you acknowledge that:

  1. These terms and conditions and the privacy policy form an agreement between you and Friends4You;
  2. Friends4You reserves the right to amend these terms and conditions, and the privacy policy, from time to time as set out herein; and
  3. If you object to any provision of these terms and conditions and/or the privacy policy (as applicable from time to time) you must immediately cancel your membership and cease accessing and using the website.
  1. Definitions

    In these conditions the following words have the following meanings unless the context requires otherwise:

    1. "Agreement" means the agreement between you and us incorporating these conditions for the provision of the service;
    2. "Intellectual Property Rights" means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered), and other similar rights wherever existing in the world together with the right to apply for protection of the same;
    3. "Liability" means the liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
    4. "Member" means any person whose membership has been accepted by us and whose membership remains valid for the time being;
    5. "Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or any other material on the service, and the phrases "posted" and "posting" shall be construed accordingly;
    6. "Profile" means the section containing details, photographs and/or information about you;
    7. "Service" means the service provided by us to you including, but not limited to, us allowing you to browse the website, contact and/or be contacted by other members through the website and/or post information on the website;
    8. "User" means any person who browses the website;
    9. "We, Us, Our" means Friends4You.co.za (at the address specified above);
    10. "Website" means our website at URL www.friends4you.co.za or such other URL that we may use to provide the service from time to time;
    11. "You, Your, Yourself" means the person whose application for membership of the service is accepted by us.
  2. Registration & Access
    1. You may not be a member of Friends4You or use the website if:
      1. You are younger than 18 years old;
      2. You are married;
      3. You have been convicted of a sexually related or violent criminal offence; or
      4. You have previously been banned from using the website or any other similar services.
    2. In order to register as a member of the website, you must have a permanent address in South Africa; whether you register as a free or a premium user.
    3. You must ensure that all information you provide is accurate and up-to-date when you register as a user of Friends4You. You acknowledge that it is your responsibility to notify Friends4You of any changes to your information by accessing the “My Account” tab on the website.
    4. You may only have one profile on the Friends4You website.
    5. You must provide us with a form of identification to verify your identity if is requested.
    6. All personal data provided by you to Friends4You at the time of your registration will be treated in accordance with the privacy policy.
    7. You are solely responsible for, and must maintain, the confidentiality of your login details and password.
    8. Following your registration, Friends4You will send you an e-mail confirming the terms of your contract with Friends4You (applicable to the date of your registration).
  3. Memberships & Payment
    1. General

      Friends4You operates an online dating service, and provides customers with free and paid accounts. When you register for the online dating service, you will receive access to the Friends4You database, which contains profiles and information about other users.

    2. Free membership

      You may register, take the Friends4You MatchMaker, create your profile, and receive individual Matches without charge.

    3. Premium membership

      You also have the option of upgrading your free membership to a premium membership.

      1. The website will inform you of various services available to you at a cost. You will be deemed to have subscribed to the premium membership upon your subscribing to any of these services, providing your payment details and clicking “ACCEPT”.
      2. Friends4You reserves the right to change the cost of any service 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.
      3. Except as stated herein, or required by the applicable law, you will not be entitled to any refund of any payments made by you with regard to a premium membership. Any request for a refund will be considered at the sole discretion of Friends4You.
      4. You are not permitted to transfer any service or feature of the website to any other person.
    4. Availability
      1. Whilst Friends4You will endeavour to ensure that the website will be available 24 hours a day, an error-free, uninterrupted access to Friends4You cannot be guaranteed. In addition, due to internet or system failure, or maintenance to the website, your access may be temporary suspended.
      2. Friends4You reserves the right, practicing sole and absolute discretion, to block or remove from its website any offensive or inappropriate communication or information, and/or any communication or information brought to, or which comes to, its attention which is suspected to infringe 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). However, Friends4You has no obligation to review any communication or information provided by members for inclusion on the website.
      3. To be able to use the Friends4You service in full, you should use the latest search engine technology to ensure that the necessary settings and installations for use are in place (e.g. activation of JavaScript, cookies). You may incur limited use of the website if you are using older or not commonly used technologies.
      4. No payment or refund will be given to you for any downtime in respect of the service or for your inability to access the service due to technical problems beyond our control.
      5. Changes to the website
      6. Friends4You reserves the right to change or discontinue, at any time, any service or feature of the website.

    5. Changes to the website

      Friends4You reserves the right to change or discontinue, at any time, any service or feature of the website.

  4. Terms of Payment

    Billing takes place at the beginning of any premium membership, and will occur again monthly or annual. Payment method will be as chosen in the payment gateway.

  5. Payment Gateway
    1. Description of service

      Friends4You is a business in the online dating industry that markets a communication platform.

      Friends4You will take all reasonable steps to protect your personal information. Personal information defined as detailed in the promotional of access to information act 2 of 2000 (PAIA).

    2. Payment options accepted

      Payment may be made via a safe payment provider (third party). Any payments via Visa and MasterCard Credit Cards or by bank transfer into the Friends4You bank account are made via a safe payment gateway by Peach Payment.

    3. Credit Card Acquiring and Security

      Credit card transactions will be acquired for Friends4You via Peach Payment Services Pty Ltd, who are the approved payment gateway. Peach Payment Services Pty Ltd is a licenced system operator with the Payments Association of South Africa.

    4. Customer Details Separate from Card Details

      Customers will be stored by Friends4You separately from card details which are entered by the clients on Peach’s secure site. For more detail on Peach Payment Services Pty Ltd refer to  www.peachpayments.com

    5. Merchant Outlet Country and Transaction Currency

      The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is in South Africa Rand (ZAR).

    6. Responsibility

      Friends4You takes responsibility for all actions relating to the transaction including service on the website, customer service and support, and dispute resolution.

    7. Country of Domicile

      The website is governed by the laws of South Africa and Friends4You chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

    8. Variation

      Friends4You may, in its sole discretion, change this agreement at any time without notice.

    9. Friends4You Contact

      Friends4You Contact via e-mail: [email protected]

  6. Privacy

    Friends4You collects personal information about you through your use of its services and the website. This information will be handled in accordance with our privacy policy which may be viewed: Privacy Policy

  7. Termination, Automatic Renewal, and Suspension
    1. Termination without cause
      1. You may cancel your free membership at any time. For a simple cancellation of your free membership, please see our Help & FAQ.
      2. To avoid billing, premium membership must be terminated in writing fourteen days before the expiry of the term of the premium membership and the renewal date specified in the renewal notice provided to you (where applicable). If you terminate a premium membership less than 14 days before the expiry of the term of the premium membership, you will be charged for the renewal term, and will continue to have access to a renewed premium membership as set out in the notice of renewal.
      3. A notice of termination must clearly identify you and include there your name, e-mail address and security code (which can be found under the “Member Account” tab of your “My Account” page) and be sent to:

        Email: [email protected]

      4. Following termination of a premium membership, you retain your free membership and the resulting limited scope of use.
    2. Automatic renewal

      All premium membership subscriptions (including special offers) automatically renew on the last day of a current subscription. The relevant amount will be charged by the same payment method used for your original transaction. ‘Standard’ subscriptions relate to 1, 3 or 12 months.

      1. If you have bought a discounted subscription for 1, 3 or 12 months, it will automatically renew at the standard full price for that subscription term (as specified at the time you made your initial, discounted purchase).
      2. In the case of certain special introductory offer your membership will renew for a longer subscription period than you initially purchased.
      3. If you have opted for an added-value subscription offer (e.g. 4 months for the price of 3), your subscription will automatically renew for the standard term on which it was based (e.g. 3 months, as per the above example) at the standard subscription price as specified at the time you made your initial, added-value purchase. The terms of the subscription renewal will be clearly indicated at the time of purchase.
    3. Termination with cause

      If you have opted for an added-value subscription offer (e.g. 4 months for the price of 3), your subscription will automatically renew for the standard term on which it was based (e.g. 3 months, as per the above example) at the standard subscription price as specified at the time you made your initial, added-value purchase. The terms of the subscription renewal will be clearly indicated at the time of purchase.

    4. Suspension

      If you have opted for an added-value subscription offer (e.g. 4 months for the price of 3), your subscription will automatically renew for the standard term on which it was based (e.g. 3 months, as per the above example) at the standard subscription price as specified at the time you made your initial, added-value purchase. The terms of the subscription renewal will be clearly indicated at the time of purchase.

    5. Consequences of termination

      If you terminate a Premium membership after the expiry of the cooling-off period set out in section 22 of these terms:

      1. Your premium membership will be automatically converted to a free membership;
      2. You will not be entitled to any refund for any amounts paid for the remaining term of the premium membership;
      3. You will still be liable to pay Friends4You any amount outstanding in respect of the remaining term of the premium membership within 30 days of your giving written notice of termination.
  8. Limitation of Liability

    For the purposes of this clause, “Friends4You” includes Friends4You, its offices, employees, contractors, and agents, whether individually or collectively.

    You acknowledge that:

    1. Your use of the website is at your own risk;
    2. Friends4You is not responsible for your use of, or conduct on the website, or that of any other members of the website;
    3. Friends4You does not accept liability in any circumstances for the use or conduct of any person on the website;
    4. Friends4You 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.
    5. You agree to release, and hold harmless, Friends4You from any loss, liability, claim, demand, damage or expense asserted that 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. You agree to indemnify Friends4You 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. To the maximum extent permitted by the law, the maximum aggregate liability of Friends4You for any claim made by you under or in connection with these terms and conditions or otherwise as a result of your access or use (including misuse) of the website will not, in any circumstances, exceed the lower value of:

      the amount paid to Friends4You by you in the 3 months prior to the event to which the claim relates; or

      R 500.00 (Five Hundred Rand);

      whether such liability arises in contract, tort (including negligence), breach of statutory or fiduciary duty or otherwise.

    8. To the maximum extent permitted by law, Friends4You excludes any representations and warranties which may apply to your use of the website, except as set out in these terms and conditions.
    9. To the maximum extent permitted by law, Friends4You will not be liable to you for:

      any loss of income, savings or any other form of economic loss; or

      any indirect, incidental or consequential loss or damage suffered by you or for any punitive damages.

    10. This clause will survive termination.
  9. Intellectual Property Rights and Confidentiality
    1. All intellectual property rights included in the service and the website shall be owned by us absolutely.
    2. You warrant and represent to us that the information posted in "Your Profile" is posted by you and that you are the sole author of "Your Profile". You assign to us, with full title guarantee, all copyright in "Your Profile".
    3. You waive absolutely any and all moral right to be identified as author of "Your Profile" and any similar rights in any jurisdiction.
    4. You agree that you will keep confidential and not use, except for purposes contemplated by this agreement, any and/or all information relating to the service which may be disclosed to you or which you may learn - except where such information is public knowledge or it is required to be disclosed by law.
    5. We will use reasonable commercial endeavours to keep personal details such as your surname, your real e-mail address, and your credit card number(s) (where relevant) confidential and will not disclose such information, except where such information is public knowledge or it is required to be disclosed by law.
    6. The trademarks, logos, graphics, photographs, animations, videos and text appearing on the www.friends4you.co.za website are the intellectual property of Friends4You.co.za and cannot be reproduced, used, published, distributed, sold, or displayed without the express prior written permission of Friend4You.
  10. Links to other websites
    1. The website may contain links to other websites and to resources provided by third parties (henceforth “Other Sites”). The Other Sites are linked to provide information only and are solely for your convenience.
    2. Friends4You has no control over, does not accept, and assumes no responsibility for the content, products or services of Other Sites and does not accept any responsibility for any loss or damage that may arise from your use of them.
    3. If you choose to access other websites, you do so at your own risk, and on the terms and conditions and in accordance with the privacy policy (if applicable) of the other websites.
    4. The website may also feature advertising by third parties. By allowing third parties to advertise on the website, Friends4You does not make any representations or warranties in respect of or endorse the products or services advertised.
  11. Your obligations
    1. You acknowledge that you use and access the website at your own risk.
    2. You alone are responsible for the content you submit to the website or to any other member of the website;
    3. You warrant to Friends4You that all content you submit to the website is true and correct and relates to you personally. You acknowledge that Friends4You has the right, but not the obligation, to verify the accuracy of your content if necessary.
    4. You warrant that all material and ideas you transmit, post or submit to Friends4You 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.
    5. Your membership is for personal use only and not for business or commercial purposes.
    6. You warrant to Friends4You 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 Friends4You for any loss or damage it suffers as a result of such warranty.
    7. You must comply with all applicable laws for registration and use of the contact portal.
    8. You will not:
      1. Post your personal details such as your telephone number, address and/or e-mail address or URL in your profile or any other information which would allow other members and/or users to contact you directly;
      2. Transmit and/or post information, pictures and/or any other material which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or any other parties' rights in (including but not limited to intellectual property rights and/or privacy rights);
      3. Use the service to promote another site, service and/or business in any way including but not limited to posting any personal e-mail addresses URL's and/or other personal telephone numbers in your profile;
      4. Solicit other members' business, buy or sell products and/or services
      5. Misuse in any way the service or any information posted on the service;
      6. Attempt to gain unauthorised access to any information available on the service or to any of the networks used in providing the service;
      7. Post and/or reproduce in any way any information and/or material in which the intellectual property rights belong to another party without first obtaining the prior consent of the owner of such rights;
      8. Copy, in whole or in part any of the information on the website (including, but not limited to any information contained in other members' profiles) other than for the purposes provided for in this agreement;
      9. Post any chain letters and/or junk e-mail to other users;
      10. In any way assign, transfer, part with and/or authorise any other person to use, your membership;
      11. Transmit and/or post and/or e-mail to another member any information, pictures and/or any other material, which in the opinion of the site administrator is sexually explicit, racist, abusive, threatening, sexually suggestive, libellous and/or obscene;
  12. Complaints

    You may report abuse or inappropriate behaviour by another member or offensive content by sending a detailed e-mail to Friends4You at [email protected]

  13. Disputes with other members of the Website
    1. Friends4You has the right but has no obligation to monitor disputes between you and other users of the website.
    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 Friends4You and you release Friends4You from all claims, liability and damages arising from or in any way connected to the claim or action.
  14. Blocking on Suspicion
    1. Friends4You reserves the right to block or delete any content uploaded by you to the website:
      1. Which is the subject of a complaint by any third party;
      2. If requested to do so by a court or any other relevant authority;
      3. Following termination of these terms and conditions; or
      4. For any other reason in the sole and absolute discretion of Friends4You.
    2. Upon Friends4You receiving a complaint, Friends4You will:
      1. If Friends4You 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
      2. If the content is such that it may cause damage to Friends4You or another member, as may be determined by Friends4You in its sole and absolute discretion, delete the content and give you notice of the deletion.
      3. If your content is blocked or deleted, your obligations to make any payments to Friends4You pursuant to these terms and conditions will not be affected and you will not be entitled to any refund. If it is later determined by Friends4You that your content should not have been blocked or deleted, your premium membership period will be extended for the period of the blocking or deletion. If an extension is not possible or is objectively unreasonable, Friends4You will reimburse you for any payments made by you in respect of the blocking period.
  15. General
    1. All third party rights are excluded and no third parties shall have any right to enforce this agreement. This shall not apply to members of our group who shall have the right to enforce this agreement as if they were us. Any right of a third party to enforce this agreement may be varied and/or extinguished without the consent of the any such third party.
    2. You do not have the right to assign this agreement or any of your rights to the service. We have the right to assign any or all of our rights and duties under this agreement or to the service to any third party. At our election, if our rights are assumed by a third party, we shall be relieved of any and all liability under this agreement.
    3. No waiver by us of any breach of this agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
    4. This agreement contains the entire agreement between you and us. If any provision of this agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
  16. General
    1. Notices to Friends4You Online Dating PTY LTD

      Any notice to be served on Friends4You under these terms and conditions must be in writing and may be served:

        by e-mail to: [email protected]

        A notice will be considered received by Friends4You:

        1. If sent by post, on the tenth Business Day after posting; or
        2. If e-mailed, on the date recorded on the device from which you sent the e-mail, unless you receive an automated message that the e-mail has not been delivered – except that a delivery by e-mail received after 5:00 pm, or on a day that is not a business day, will be deemed to be given on the next business day.
    2. Notices to You
      1. If sent by post, on the tenth Business Day after posting; or
      2. If e-mailed, on the date recorded on the device from which you sent the e-mail, unless you receive an automated message that the e-mail has not been delivered – except that a delivery by e-mail received after 5:00 pm, or on a day that is not a business day, will be deemed to be given on the next business day.
    3. Definitions

      For the purposes of this clause, “Business Day” means any day which is not a weekend or a public holiday in the place where a notice is to be received.

  17. Governing Law

    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.

  18. Relationship of the Parties

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

  19. Severance

    If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this agreement.

  20. Severance

    Friends4You reserves the right to restrict, suspend or otherwise change any aspect of these terms of condition, 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:

    1. The services offered on the website,
    2. The manner in which members participate on the website,
    3. The provisions relating to termination and renewal of premium memberships, and
    4. To the extent permitted by the applicable law, the price of the services.

      In the event these terms of use, or any aspect of the services are restricted, suspended or changed, we will provide you notice at least 30 days before the amendment comes into effect, by posting the amended terms and conditions on the website, and by sending you written notice using your e-mail and/or mailing address, and setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. You may refuse the amendment and rescind, or cancel your membership without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than 30 days after the amendment comes into force, in the manner indicated in the notice. Your continued use of the website following such date will constitute your express consent to any amendments to these Terms of Use, or any other aspect of the website or services.

  21. Entire agreement

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

  22. Cooling-Off Period
    1. You may cancel the contract at any time within seven days of registration (“Cooling-Off Period”), provided that you have not started using the services by, for example, sending private messages to possible matches.
    2. You agree that the services may start before the end of the cooling-off period.
    3. If you cancel the contract under the above paragraph and you have made any payment in advance for the services, Friends4You will refund these amounts to you within thirty days of date of cancellation.
    4. You can exercise the right to withdrawal by notifying us in writing to: [email protected]
  23. Severability

    If any provision in these terms & conditions is deemed to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.