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 and Subscriptions
Swingles offers both free and premium membership tiers. Premium features may require payment. All fees are:
- Displayed in South African Rand (ZAR) inclusive of applicable taxes.
- Non-refundable unless otherwise stated or required by the Consumer Protection Act 68 of 2008.
- Subject to change with 30 days notice.
By subscribing, you authorise us (or our payment processor) to charge the applicable fee to your payment method on the billing cycle you select.
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. 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).
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. Contact
For any questions regarding these Terms & Conditions, please contact us:
Swingles
Email: hello@swingles.co.za
Website: www.swingles.co.za
Last updated: January 2025