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Terms & Conditions

1. Acceptance of Terms

By accessing or using the Swingles platform ("Platform", "Service") at www.swingles.co.za, you agree to be bound by these Terms & Conditions ("Terms"), our Privacy Policy, and all applicable South African laws and regulations. If you do not agree to these Terms, you may not use the Platform.

These Terms constitute a binding legal agreement between you and Swingles (Pty) Ltd ("Swingles", "we", "us"). We reserve the right to update these Terms at any time, with notice provided via the Platform or by email.

2. Age Verification and Eligibility

You must be 18 years of age or older to use Swingles. By registering, you confirm that:

  • You are at least 18 years old.
  • You are accessing the Platform voluntarily and are aware of its adult nature.
  • It is legal in your jurisdiction to access adult content and lifestyle social networks.
  • You are not accessing the Platform on behalf of any person under the age of 18.

We reserve the right to request proof of age at any time and to suspend accounts where age cannot be verified.

3. Account Registration

To access most features, you must create an account. When registering, you agree to:

  • Provide accurate, current, and complete information.
  • Maintain the security of your password and not share it with others.
  • Notify us immediately of any unauthorised use of your account.
  • Accept responsibility for all activities that occur under your account.

We reserve the right to refuse registration or terminate accounts at our sole discretion.

4. Membership

Creating a Swingles account is free. There are two account levels: Limited and Unlimited. Unlimited adds unlimited direct messages, Private and Premium galleries, event hosting and posting meets. Swingles has no subscriptions and no recurring charges.

4.1 Founding members: Unlimited free for life

The first 5,000 members to complete their Swingles profile receive Unlimited at no charge, for the lifetime of their account ("founding members"). In particular:

  • The order in which members completed their profile is determined by our records, and our records are final.
  • A founding membership belongs to the account it was granted to. It cannot be transferred, sold or exchanged for cash.
  • You never pay for it and it never renews. It is not withdrawn when the 5,000 places are filled.
  • It ends if you delete your account, and it may be withdrawn if your account is suspended or terminated for a breach of these Terms.
  • We may close the offer to new members before 5,000 places are filled. Anyone already granted a founding membership keeps it.

4.2 After the first 5,000

Once the founding places are filled, new members join on a free Limited account and may upgrade to Unlimited for a once-off payment, currently R200. That payment:

  • Is shown in South African Rand (ZAR), inclusive of any applicable taxes.
  • Is taken once, through our payment processor. We do not store your card details and never charge you again.
  • Is non-refundable, except where these Terms say otherwise or the Consumer Protection Act 68 of 2008 requires a refund.

We may change the price of the upgrade for future purchases on 30 days’ notice. A change never affects an Unlimited membership you already hold.

5. Acceptable Use

You agree to use Swingles only for lawful purposes and in a manner that does not infringe the rights of others. You must not:

  • Post content involving minors in any sexual context whatsoever.
  • Harass, threaten, stalk, or abuse other members.
  • Post false, misleading, or deceptive information.
  • Solicit money or engage in commercial sexual services (escorting, prostitution).
  • Spam, send unsolicited messages, or engage in phishing.
  • Attempt to access accounts or data that do not belong to you.
  • Use the Platform to distribute malware or harmful code.
  • Scrape, copy, or redistribute Platform content without permission.
  • Impersonate another person or create fake profiles.

6. Prohibited Content

The following content is strictly prohibited on Swingles:

  • Any content depicting or involving persons under 18 years of age in a sexual manner.
  • Non-consensual intimate imagery ("revenge porn").
  • Content that promotes violence, hatred, or discrimination based on race, gender, religion, sexual orientation, or disability.
  • Illegal content of any kind.
  • Content that violates any third party's intellectual property rights.

Violations will result in immediate account termination and may be reported to law enforcement.

7. Content Ownership and Licence

You retain ownership of content you post on Swingles. By posting content, you grant Swingles a non-exclusive, worldwide, royalty-free licence to use, display, and distribute your content on the Platform for the purpose of providing our services. This licence terminates when you delete the content or your account.

You warrant that you have the right to post all content you submit and that it does not violate any third-party rights.

8. Selling Content: Premium Galleries

Premium Galleries let you sell access to your own photo and video content to other members. Selling requires an Unlimited account. Everything in these Terms, and in particular sections 5 (Acceptable Use), 6 (Prohibited Content) and 7 (Content Ownership and Licence), continues to apply to content you sell.

8.1 Your content and your rights

You keep ownership of everything you sell. Selling a gallery grants Swingles no ownership of your work, only the licence described in section 7 plus the right to deliver the gallery to members who have paid for it.

You warrant, for every gallery you list, that:

  • You own the content or otherwise hold all rights necessary to sell it.
  • Every person appearing in it was at least 18 years old at the time it was created, and you can evidence that if we ask.
  • Every person appearing in it has consented to it being sold on this Platform. Consent to being photographed is not consent to commercial sale.
  • It does not contain anything prohibited under section 6.

Uploaded images are watermarked automatically. Watermarking is a deterrent, not a guarantee, and does not affect who owns the content.

8.2 Pricing and what the buyer receives

  • You set the price of each gallery, between R50 and R2 000. You may run up to 20 galleries at different prices.
  • Prices are in South African Rand and inclusive of applicable taxes.
  • A member who buys a gallery pays once and receives ongoing access to that gallery. You should not list content you may later need to withdraw.
  • Access is granted immediately on successful payment.

8.3 Refunds on gallery purchases

Because access to digital content is granted immediately and in full, gallery purchases are final and are not refundable. The cooling-off right in section 44 of the Electronic Communications and Transactions Act 25 of 2002 does not apply to digital content that has already been accessed.

This does not limit any right a buyer has under the Consumer Protection Act 68 of 2008 where that Act applies, and it does not prevent us from refunding a buyer at our discretion where content was misdescribed, was not delivered, or breaches these Terms. Where we refund a buyer in those circumstances, the corresponding amount is deducted from your earnings under section 10.

8.4 Removal and suspension

We may remove a gallery, suspend your ability to sell, or withhold earnings associated with it where we reasonably believe it breaches these Terms or the law. Where a gallery is removed for a breach, we may refund affected buyers and recover those amounts from you.

9. Hosting Events and Selling Tickets

Events let you list your own event and sell tickets to other members. Hosting requires an Unlimited account.

9.1 You are the organiser, not Swingles

Swingles provides the listing and the payment mechanism. You are the organiser and the supplier of the event. The contract to attend is between you and the attendee. Swingles is not a party to it, does not host, run, supervise or insure your event, and accepts no responsibility for it.

You are responsible for the event itself, including the venue and permission to use it, the safety and conduct of attendees, any licences or permits required (including for the supply of alcohol), compliance with all applicable laws and by-laws, and any insurance you need.

9.2 Tickets and pricing

  • You set ticket prices and may price and cap each ticket type separately.
  • Prices are in South African Rand and inclusive of applicable taxes.
  • The event details you publish must be accurate. Attendees rely on them when they pay.

9.3 Refunds and cancellation

  • You can refund any paid attendee from your event dashboard. The attendee receives the full ticket price back.
  • Our payment processor retains a small refund fee and does not return the original transaction fee. That cost falls on you, not the attendee. Refunding a ticket therefore leaves you marginally worse off than not having sold it.
  • An event with paid ticket sales cannot be deleted, because deleting it would destroy the attendees' payment records. Refund the attendees, then cancel it.
  • If you cancel an event, you must refund every paid attendee in full. If you do not, we may refund them on your behalf and recover the amount from you under section 10.

9.4 Withholding event earnings

Ticket money is received before the event takes place. We may therefore withhold all or part of your event earnings until after the event date, and may reverse, offset or reclaim amounts to fund refunds you owe. We would normally only do this where an event is cancelled, materially changed, or the subject of a credible complaint.

10. Earnings, Commission and Payouts

10.1 Commission

Swingles retains a commission of 20% of the value of each Premium Gallery sale and each paid ticket sale. You receive the remaining 80%. There is no listing fee, no monthly charge, and nothing is payable when nothing sells.

The commission rate applied to a sale is fixed at the moment of that sale. If we change the rate we will give at least 30 days' notice, and the new rate will apply only to sales made after it takes effect.

10.2 Requesting a payout

  • Earnings accumulate as a balance on your earnings page. A balance of at least R200 is required before you can request a payout.
  • Payouts are made by electronic funds transfer to a South African bank account in your own name. You are responsible for the accuracy of the banking details on your account, and we are not liable for a payment sent to details you supplied incorrectly.
  • We aim to pay a valid request within 10 business days of receiving it. Delays caused by your bank, by incorrect details, or by a request we are querying with you do not count towards that period.

10.3 When we may withhold, reject or recover

We may reject a payout request, withhold a balance, or recover amounts already paid where:

  • Your banking details are missing, incomplete or appear to belong to someone else.
  • A buyer reverses a payment, or a chargeback or payment dispute is raised.
  • A refund is owed to a buyer or attendee, including a refund we make on your behalf.
  • We are investigating a suspected breach of these Terms, fraud, or unlawful content.
  • We are required to do so by law or by our payment processor.

Where we reject a request we will tell you why. Where an amount is recoverable from you and your balance does not cover it, it becomes a debt due to Swingles and may be set off against future earnings.

10.4 Tax

You are responsible for your own tax. Amounts we pay you are gross of any income tax, provisional tax or VAT you may owe. We do not withhold tax on your behalf and we do not provide tax advice. If you are or become a VAT vendor, it is your responsibility to account for VAT on your sales.

10.5 Independent status

Nothing in these Terms makes you an employee, agent, partner or joint venturer of Swingles. You sell your own content and run your own events on your own account.

11. Privacy

Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. We handle your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).

12. Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, express or implied. Swingles does not warrant that:

  • The Platform will be uninterrupted, error-free, or secure.
  • Any member profiles are accurate or that members are who they claim to be.
  • The Platform will meet your requirements or expectations.

You use the Platform and meet other members entirely at your own risk. Swingles strongly encourages all members to exercise caution when meeting in person.

13. Limitation of Liability

To the maximum extent permitted by South African law, Swingles shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including but not limited to personal injury, property damage, or emotional distress resulting from meetings or interactions with other members.

Our total liability to you for any claim shall not exceed the amount you paid us in the 12 months preceding the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless Swingles, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Platform, your content, or your violation of these Terms.

15. Termination

We may suspend or terminate your account at any time for violation of these Terms, suspected illegal activity, or at our discretion with or without notice. You may also delete your account at any time through your account settings. Upon termination, your right to use the Platform ceases immediately.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from these Terms shall be subject to the jurisdiction of the South African courts. We encourage you to contact us at hello@swingles.co.za before initiating any legal proceedings.

17. Contact

For any questions regarding these Terms & Conditions, please contact us:

Swingles
Email: hello@swingles.co.za
Website: www.swingles.co.za

Last updated: September 2026