Welcome to the Daisies Love Terms & Conditions (T’s & C’s)
We recommend that you read these terms and conditions in full because they apply every time you use Daisies Love mobile app and when you visit our website and use any of its features.
If you are under the age of 18 years, then Daisies Love is not for you. As a global platform, we recommend that you must be 18 years and older. You should also refer to your resident country laws for engaging on such platform. Access or use of the Mobile App/Website/Services or its contents by any person under the age of 18 is strictly prohibited.
This agreement constitutes a legally binding agreement between you and Daisies Love. Before using any of Daisies Love services, please read this document carefully. By accessing, downloading, using, purchasing and/or subscribing to the Daisies Love services, you acknowledge that you have read, understood, and agree to be bound by the terms of this disclaimer agreement. This disclaimer contains an arbitration agreement, a waiver of class-action rights, and liability limitations.
Buy accepting to proceed beyond this point, you hereby agree to all the Terms and Conditions in this disclaimer agreement. If you do not accept our Terms and Conditions, then please stop immediately and cease using Daisies Love Mobile App / Website / services.
We recommend that you also read our Privacy Policy and Community Guidelines that includes important information.
About Us
Daisies Love is a global dating mobile app that has been developed for singles to find love, making new friends, networking, and socialising. We are currently in 54 African countries, India, Thailand, and we are rapidly expanding to other counties. It is recommended that this policy be reviewed regularly for an updated list of countries to which we are expanding.
To access or use the Daisies Love Mobile App (the “App”), you must register with Daisies Love. For an Android App, it is available via the Google Play Store, and it requires a prior download, followed by a user registration. For an iOS App, it is available via the Apple iTunes App Store, and it requires a prior download, followed by a user registration.
Your access to and use of the Mobile App/Website, as well as clicking on the registration button upon entering the Mobile App/Website creates a legally binding agreement between you and Daisies Love. By accessing the Daisies Love Mobile App/website or registering with Daisies Love, you acknowledge that you have read, understood, and accepted the General Terms and Conditions of Use set forth below (these “Terms” or this “Agreement”). You are bound exclusively by these Terms, even if you use or access the Mobile App/Website/App from any country that you are resident in.
These terms specify the conditions that apply for the use of the Daisies Love Mobile App/Website and other services offered.
1. Agreement.
1.1 This agreement is legally binding and sets forth the terms governing your use of our Mobile App/Website and the services. This Agreement may be modified by Daisies Love from time to time. These modifications will be effective once Daisies Love posts them onto the Mobile App/Website without notice to you or acceptance by you.
1.2 This Agreement includes Daisies Love privacy policy, subscription policies and any other policies, rules, regulations, or notices regarding the use of the Mobile App/Website from time to time, all of which are incorporated into this agreement by reference.
2. Access.
2.1 Our website does not require registration and it is a view only reference site. Our mobile app requires a registration. This is done by creating a user profile with the correct user personal information. You may create and use your own personal password and enter your email address to register with Daisies Love. By registering with Daisies Love you confirm that you are a single individual of at least 18 years of age, you have the right, authority, and capacity to enter into this Agreement and that you intend to use the Mobile App and our services for no other purpose other than for which they are intended. You also agree that you will not be violating any law(s) or regulation(s) of your resident country. You are solely responsible for your compliance with all applicable local laws and regulations of your resident country.
2.2 We are entitled to block your access to the Mobile App if you violate the terms of this Agreement, including without limitation in the event of any violation.
3. Costs.
3.1 You may access the Website free of charge. The Mobile App will allow you 15 days free access from date of registration, thereafter you must pay a subscription fee to continue using the services. The cost of the subscription is estimated at $3.5 (USD) per month, however this may vary from country to country. Your fees will be displayed in your local currency on your subscription screen.
3.2 If your access is blocked for breach of this Agreement, you will not be refunded for any credit balance in that month and the balance on your account will be forfeited. There will be no further debit orders once your account has been blocked.
3.3 We only accept payment by credit and debit card. We do not accept diners’ card, cheques, efts, bitcoin, or any digital currency. When you provide your card details, you immediately authorize and instruct Daisies Love to bill your credit/debit card account for the fee payable for the services you subscribed to, and to automatically bill your account monthly thereafter until you terminate the automatic renewal. The termination must be initiated on your mobile app and must be done 15(fifteen) days before the next renewal date. If the termination is initiated 14 days before the next renewal, then you will be billed in full for the following month and your subscription will be terminated thereafter. See section 4.3, and 5.2 concerning payment and termination.
4. Objections to Fees Charged for Chargeable Services.
4.1. Any objections to amounts debited or fees charged must be raised in writing within ten (10) days from the latter to occur of the debit of the objected to fees. Failure to raise the objections within this ten-day period constitutes your unconditional approval of the respective charges and your waiver of any further right to object to these charges. Objections shall be emailed to info@daisies.love or you may send us a message via the mobile app.
4.2. Interruptions of our services does not entitle you (the user) to object to subscription charges for our services. Minor interruptions are interruptions that last less than three consecutive days. Major interruptions are interruption that may last for 15 (fifteen) or more days. Interruptions of any service for less than three consecutive days will not entitle you (the user) to any discounts. Interruptions of 15 (fifteen) or more days will entitle you to receiving that month, free. If you have been billed and your account was successfully debited, then we will not charge you for the following month. If you cancel on or before the free month, you will not be refunded but will have full access to the services for the month.
4.3. Payment for subscription services is done via a third-party payment service provider, DPO Group. We make use of Paygate to debit user credit/debit cards & Payvault to store card information. Daisies Love do not store any card / banking details on any of our servers.
5. Term and Termination.
5.1 This Agreement will remain in full force and effect while you use the Mobile App and/or the services. This Agreement will only terminate if either you or we terminate your membership pursuant to the provisions of this Section 5.
5.2 You may terminate your membership at any time, for any reason by simply cancelling subscription in the mobile app, settings tab. We will then ensure that you are also removed from the billing cycle (refer to point 3.3 for cancellations). Note, by uninstalling the mobile app does not mean that your account has been terminated/cancelled. When you terminate your subscription/membership, you will not be entitled to any indemnity or reimbursement of any costs or expenses. To know what happens to your user profile personal data, refer to our Privacy Policy.
5.4 Daisies Love may terminate your membership for any reason, effective on sending notice to you at the e-mail address you provided in your profile creation for membership/subscription. Due to us charging a low monthly subscription fee, there will be no pro-rata refunds. When we or you terminate your subscription/membership, you will not be entitled to any indemnity or reimbursement of any costs or expenses incurred directly or indirectly as a result of the termination.
5.5 The following provisions of this Agreement shall survive the termination of this Agreement for any reason: Sections 7 up to 35.
6. Unauthorized Use.
6.1 This Mobile App and services are only for personal use by individuals, for the intended purposes. Companies, organizations, businesses, and other legal entities (including non-profit organizations) may not subscribe or become members and may not use our services for any purpose whatsoever.
6.2 Singles/members/subscribers may only use our services to find love, make new friends, to network, and to socialise. Without limitation, no person/individual may use our Mobile App/Website or any of our services in connection with any commercial, promotional, political activities, commercial or non-commercial marketing or any solicitation of users towards buying or selling of products or services. In order to protect our users/members/subscribers from advertising, we review all profile photos and videos.
6.3 Collecting of personal information of members from our Mobile App is prohibited. You may not copy and resell any personal information available to you on the Mobile App/Website.
6.4 You will include your mobile number and email address in your profile registration. This information will not be made available publicly. When you connect with someone on the Mobile App, you decide if you want to share this information or not. If you include any contact details in your Bio, then that information will be removed during the profile verification process. If you edit the bio after your profile has been approved and include your contact details, your profile will then be blocked, without any refunds or reimbursement if you have a paid account.
6.5 You may not create more than one profile on the Mobile App.
6.6 You and all other users are solely responsible for complying with federal, state, local and foreign laws, and regulations applicable to them. Daisies Love is not liable for any violations of applicable laws or regulations by any users of the Mobile App/Website.
7. Daisies Love Proprietary Rights
All rights to our software, trademarks, services, programs, processes, technologies, trade names, copyright material, inventions, and all material pertaining to Daisies Love (the “Proprietary Rights”) are exclusively owned by Daisies Love. Your use of our Mobile App/Website and any of our services does not create a license to you, neither does it entitle you to use any of our material without written consent.
8. Personal Profile Content Uploaded on Mobile App
8.1 All users/members/subscribers are solely responsible for any content they upload onto their personal profile, this includes their profile photo and profile video. While we review every photo and video uploaded, we cannot verify who it belongs to and will not be responsible for this profile content ownership.
8.2 By uploading your profile photo and video to the Mobile App, you hereby confirm that the content is true and correct to the best of your ability and knowledge. Daisies Love do not use your personal content for resale purposes.
8.3 We reserve the right, at our discretion to monitor uploaded content that is in breach of this Agreement or might be offensive, defamatory, or illegal or violate the rights or safety of any users/members/subscribers of the Mobile App.
8.4 The following is considered to be prohibited on our Mobile App: obscene, abusive, insulting, threatening, misleading, falsely promoting illegal activities, defamatory or insulting, exploitation of anyone in a sexual or violent manner, content that is racist or that causes emotional harm of any kind against any individual/group, spamming, solicitation of personal information from anyone not for the intended purposes, intention to undertake criminal activities, intention of purchasing illegal weapons, providing/creating/transmission of computer viruses, violation of an individual’s privacy, solicitation of user login details for unauthorised access, advertising and intention to copy proprietary content.
Daisies Love, in our sole discretion reserves the right to investigate and take appropriate action (including notifying legal authorities) against anyone who violates this provision, including without limitation. We will also remove any/all offensive information/content from our Mobile App platform and terminate the user membership without notification or liability.
8.5 Uploading of Personal Information: Daisies Love is not responsible for the use or misuse of any personal information that you disclose on the Mobile App. It is possible that other users (including unauthorized users, or “hackers”) may post or transmit materials on our Mobile App and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for someone else to obtain your personal information when you make use of our Mobile App, and that recipient may use such information to cause harm to you. Daisies Love is not and will not be held responsible for any of your personal information that you voluntarily disclose on our Mobile App.
9. Communication and Interaction with other users:
All users are solely responsible for their interactions with other users on our Mobile App. Daisies Love does not guarantee success to finding love or a preferred partner of choice. We have created a platform that facilitates an introduction for singles to meet each other. It does not mean that if one user “shows interest” in another user, the receiver is obligated to “show interest” in return. Every user has the right, at their sole discretion to accept or decline a “show interest” invite. The rate of your acceptance or being declined has no impact on your subscription/membership with Daisies Love.
10. Copyright Policy.
You may not upload, reproduce, or distribute any copyrighted material, trademarks, service marks, trade names, or other proprietary or confidential information without obtaining prior written consent from the owner of these rights. If you believe that your content has been copied and uploaded onto our Mobile App or misused in connection with the use of any of the services by another user, then please send the following information to info@daisie.love with the heading “Violation of Copyrights” and include a detailed description of the content you claim has been infringed upon. Include as much information as possible so that we can investigate further. Also ensure that you provide adequate proof that you are the actual owner of the content you are disputing ownership of.
11. Privacy.
Our Privacy Policy Statement can be found at: https://www.dasies.love/privacypolicy
Use of our Mobile App/Website and all services are subject to the Daisies Love Privacy Policy, which is part of and incorporated by reference into this Agreement.
12. DISCLAIMER: NO WARRANTIES
Daisies love services and any software, services, or applications made available in conjunction with or through Daisies Love services are provided, to the fullest extent permitted by law, “as is,” “as available,” and “with all faults,” and without warranties of any kind either express or implied. Daisies Love will not be liable for any interruption, malfunction, downtime or other failure of the website, the mobile app, online services, our system, databases, or any of its components, for reasons beyond our control. You hereby indemnify us against any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects, any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities, and any action or event that we have no direct control.
Daisies Love, and its suppliers and partners, disclaim all warranties, express or implied, including implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Daisies love and its suppliers and partners do not warrant that the functions contained in the daisies love services will be uninterrupted or error-free, that defects will be corrected, or that daisies love services or the server that makes them available are free of viruses or other harmful components. Daisies Love and its suppliers and partners (including Daisies Love third-party wireless carrier partners) do not warrant or make any representations regarding the use or the results of the use of any location information or the other Daisies Love services in terms of security, safety, correctness, accuracy, reliability, or otherwise. You (and not daisies love or its suppliers or partners) assume the entire cost of any necessary services or equipment necessary to access the Daisies Love services. You understand and agree that you download or otherwise obtain material or data through the use of Daisies Love services at your own discretion and risk. Certain state, provincial, and national laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
13. LIMITATION ON LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL DAISIES LOVE (PTY) LTD (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) YOUR USE OF THE DAISIES LOVE MOBILE APP/WEB SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR INFORMATION; (C) YOUR USE OR INABILITY TO USE THE DAISIES LOVE MOBILE APP/WEB SERVICES; (D) DAISIES LOVE SERVICES GENERALLY (INCLUDING DAISIES LOVE SOFTWARE) OR SYSTEMS THAT MAKE DAISIES LOVE SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH DAISIES LOVE OR ANY OTHER USER(S) OF DAISIES LOVE SERVICES, EVEN IF DAISIES LOVE OR A DAISIES LOVE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL DAISIES LOVE (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE DAISIES LOVE MOBILE APP/WEB SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE DAISIES LOVE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE DOLLAR ($1 – USD), WHICHEVER IS GREATER. THIS SECTION IS NOT INTENDED TO EXCLUDE LIABILITY THAT DAISIES LOVE MAY NOT EXCLUDE UNDER APPLICABLE LAW. YOU ACKNOWLEDGE THE BENEFIT OF THE BARGAIN WITH DAISIES LOVE. YOU ACKNOWLEDGE AND AGREE THAT DAISIES LOVE HAS OFFERED THE DAISIES LOVE SERVICES, SET ITS PRICES PER COUNTRY, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DAISIES LOVE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DAISIES LOVE (PTY) LTD. DAISIES LOVE WOULD NOT BE ABLE TO PROVIDE THE MOBILE APP/WEB SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
14. INDEMNITY.
YOU AGREE TO INDEMNIFY, AND HOLD DAISIES LOVE (PTY) LTD (AND ITS AFFILIATED COMPANIES, CONTRACTORS, EMPLOYEES, AGENTS, AND SUPPLIERS AND PARTNERS) HARMLESS FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, LOSSES, COSTS, DAMAGES, AND ANY OTHER LIABILITIES, INCLUDING ATTORNEYS’ FEES, BROUGHT BY A THIRD PARTY ARISING OUT OF OR RELATED TO (A) YOUR USE, MISUSE, MISINTERPRETATION OR MISREPRESENTATION OF ANY INFORMATION OR THE OTHER DAISIES LOVE SERVICES GENERALLY, (B) ANY VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY BY YOU, (C)ANY ALLEGED BREACH OR VIOLATION BY YOU OF THIS AGREEMENT. DAISIES LOVE RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENCE FOR THESE CLAIMS. THIS DEFENCE AND INDEMNIFICATION OBLIGATION ARE INTENDED TO EXTEND TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE DAISIES LOVE (PTY) LTD MOBILE APP/WEB SERVICES.
15. APP STORES: You acknowledge and agree that the availability of Daisies Love services is dependent on the third party from which you will download/install the Mobile App services, example Google and Apple (each, an “App Store”). You acknowledge that this Agreement is between you and Daisies Love and not with the App Store. Each App Store may have its own terms and conditions to which you must agree to before downloading the Daisies Love services from it. You agree to comply with, and your permission to use the Daisies Love services is conditioned upon your compliance with all applicable terms and conditions of the applicable App Store.
16. SOURCE CODE: With respect to our source code or third-party code that may be incorporated in the Daisies Love services, such source code is covered by the applicable source coding or third-party license EULA, if any, authorizing use of such code. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such source coding software.
17. UPGRADES: You acknowledge that Daisies Love may from time-to-time issue upgraded versions of the Daisies Love services and may automatically electronically upgrade the version of the Daisies Love services that you are using on your mobile device or otherwise. You consent to such automated upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such updates and/or upgrades. You agree that Daisies Love will not be liable to you or any third party for any such modifications.
18. RESTRICTIONS: You may NOT: (i) modify, disassemble, decompile or reverse engineer the Daisies Love services, to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer Daisies Love services to any third party or use Daisies Love services or similar services for any third party; (iii) make any copies of the Daisies Love services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of Daisies Love services, features that prevent or restrict use or copying of any information accessible through Daisies Love services, or features that enforce limitations on use of Daisies Love services; or (v) delete the copyright and other proprietary rights notices on Daisies Love services.
19. RIGHTS RESERVED: The foregoing Mobile App usage permission granted under this Agreement is not a sale of the Daisies Love services. Daisies Love (Pty) Ltd retains all rights, title, and interest across all the services we offer. Any attempt by you to transfer any of these rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Daisies Love reserves all rights not expressly granted under this Agreement.
20. LEGAL COMPLIANCE: You represent and warrant that (i) You are not located in a country that is subject to an embargo, or that has been designated by the S.A Government as a “terrorist supporting” country; and (ii)You are not listed on any S.A Government or international list of prohibited or restricted parties.
21. YOU RELEASE US:
To the fullest extent permitted by applicable law, You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or user content and information provided by, other Daisies Love services users or (2) any third-party site, products, services, and links included on or accessed through the 1 Daisies Love service.
22. RESOLVING OUR DISPUTES: You and Daisies Love agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Daisies Love services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to Daisies Love in any way (collectively, “Covered Dispute Matters”) will be resolved in accordance with the provisions set forth in this Section.
INFORMAL RESOLUTION: If you have any dispute with us, you and we agree that before taking any formal action, you will contact us at info@daisies.love provide a brief, written description of the dispute and your contact information (including your user ID associated with your user profile). We will attempt to resolves any dispute within sixty (60) days.
23. APPLICABLE LAW: You agree with us that South African law including the Arbitration Act, will govern all covered dispute matters. Such body of law will apply regardless of where you use Daisies Love services.
24. OUR ARBITRATION: You agree with us that this Agreement and each of its parts evidence a transaction involving interstate commerce, and the Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any covered dispute matter must be asserted individually in binding arbitration administered by the Association of Arbitrators NPC (“Southern Africa ”) in accordance with its consumer arbitration rules (including utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel). You and We agree that the arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. You agree with us that the arbitrator, and not any federal, international, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable or a particular claim is subject to arbitration. You agree with us that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
25. THE ARBITRATOR’S AWARD TO YOU OR US: You and We agree that for matters where the relief sought is over $100 (USD), the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honour all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Daisies Love user to the extent required by applicable law. You and We agree that the arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You and We agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim, for example your claims. Any relief awarded to you or us cannot and will not affect other users.
26. EXCEPTIONS TO OUR AGREEMENT TO ARBITRATE DISPUTES. There are only two exceptions to this agreement to arbitrate: First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction. Second, each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
27. WHO BEARS THE COSTS OF ARBITRATION: You and We agree that payment of all filing, administration, and arbitrator fees will be governed by the Association of Arbitrators NPC rules, unless otherwise stated in this agreement to arbitrate.
28. FUTURE AMENDMENTS TO THE AGREEMENT TO ARBITRATE: Notwithstanding any provision in this Agreement to the contrary, You and We agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Daisies Love prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Daisies Love. If you do not agree to these amended terms, you may close your user profile within 24 hours of the posting or notification and you will not be bound by the amended terms.
29. JUDICIAL FORUM FOR LEGAL DISPUTE: Unless You and We agree, in the event that the agreement to arbitrate the above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, or because you are an international user to which this agreement to arbitrate does not apply, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and Daisies Love must be resolved exclusively by a state court located in Durban, Republic of South Africa. You and Daisies Love agree to submit to the exclusive personal jurisdiction of the courts located within Durban for the purpose of litigating all such claims or disputes.
30. YOU MAY OPT-OUT OF ARBITRATION: if you are a new Daisies Love user, you can choose to reject the agreement to arbitrate provision (“opt-out”) by emailing us an opt-out notice to info@daisies.love (subject: “opt-out notice”) or by postal mail to: Daisies Love (Pty) Ltd, P.O Box 10100, Marine Parade, 4056. The opt-out notice must be received no later than thirty (30) days after the date you accept the terms of this agreement for the first time. If you are not a new Daisies Love user, you have until thirty (30) days after the posting of the new terms to submit an arbitration opt-out notice.
31. ARBITRATION OPT-OUT PROCEDURE: To opt-out, you must email us your Mobile App User ID, Full Name, Identity Number, Address (current physical address), to which the opt-out applies, and an unaltered digital image of your valid identity document or driver’s license to: info@daisies.love. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of this Agreement will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
32. YOU WAIVE CERTAIN RIGHTS: BY AGREEING TO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (i) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (ii) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, AND (iii) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT. STATUTE OF LIMITATIONS FOR YOUR CLAIMS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE MOBILE APP/WEBSITE, SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) MONTH AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
33. NOTICE AND TAKEDOWN POLICY: Daisies Love respects intellectual property rights and expects our users/members/subscribers to do the same. Daisies Love will promptly terminate without notice to users that have been identified to be “repeat infringers.” A repeat infringer is a user who has been notified by Daisies Love of infringing activity violations more than twice and/or who has had their user information removed from the Daisies Love services more than twice. (Note that we reserve the right to terminate profiles for a single infringement as well)
If you are a copyright owner or an agent thereof, and you believe that any content hosted on any Daisies Love services infringes your copyrights, then you may submit a notification by providing Daisies Love Designated Copyright Agent with the following information in writing: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Daisies Love services are covered by a single notification, a representative list of such works on the applicable Daisies Love services, identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Daisies Love to locate the material; information reasonably sufficient to permit Daisies Love to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted, a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content”).
Daisies Love Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Daises Love (PTY) LTD
Attention: Copyright Agent
P.O. Box 10100
Marine Parade, 4056
Email: info@daisies.love
For clarity, only notices under this section should go to the Daisies Love Designated Copyright Agent. You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid. Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
34. MISCELLANEOUS PROVISIONS: Severability, Waiver of Agreement Provisions: You and We agree that if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
35. HEADINGS: Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation.” This Agreement is the entire agreement between You and Us relating to the subject matter herein and shall not be modified except in writing, agreed to by both parties.
YOUR INQUIRIES: The services hereunder are offered by:
Daisies Love (Pty) Ltd Postal Address: Contact Us:
No 2 Ncondo Place P O Box 10100 Telephone: +27 83 785 8001
Umhlanga` Marine Parade Email: info@daisies.love
4319 4056
Published date: 08 November 2021
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