Welcome to HoeGaanDit ("we," "us," "our"). These Terms and Conditions ("Terms")
govern your use of our geo-social application ("App") available on the Apple App Store. By accessing
or using our App, you agree to comply with and be bound by these Terms. If you do not agree with
any part of these Terms, you must not use our App.
2. Eligibility
Age Requirement: You must be at least 18 years old to use HoeGaanDit. By using
the App, you represent and warrant that you meet this age requirement.
Legal Capacity: You must have the legal capacity to enter into these Terms.
3. Account Registration and Security
Registration Information: To create an account, you must provide your name, surname,
cell number, email address, interests, preferences for friends and dating, and GPS location data.
Account Security: You are responsible for maintaining the confidentiality of your
account credentials and for all activities that occur under your account. Notify us immediately
of any unauthorized use of your account.
Profile Management: You can manage your profile, including updating your information
and preferences, within the App settings.
4. Privacy and Data Protection
Data Collection: We collect personal information including name, surname, cell
number, email, interests, preferences, GPS location data, activity on the App, user profile photos,
and user media.
Data Storage and Transfer: Your data is stored and transferred securely across
various international locations using services such as Supabase, Hetzner, AWS, and Firebase.
Data Protection: We comply with South Africa's Protection of Personal Information
Act (POPIA) to ensure your personal data is protected.
Data Access and Deletion:
Access: Users can request access to their data as permitted by POPIA by
contacting us at support@hoegaandit.co.za.
Deletion: Upon account deletion, we retain basic information (name, surname,
email, cell number, profile photos) for 12 months to prevent misuse of our service, such as
multiple free trials.
Data Processing Agreements: We have data processing agreements in place with all
our service providers to ensure compliance with POPIA.
Encryption: All user media and chats are encrypted end-to-end to ensure privacy
and security.
5. Use of the App
Purpose: HoeGaanDit is a geo-social app designed for matching with local users
and chatting. We offer unlimited matches, likes, and the ability to "go back" without limits on
profiles, except as constrained by our database (up to 1,000 users per fetch).
Languages: The App is available in Afrikaans (official language) and English.
Inclusivity: We support all types of relationships, including same-sex and bisexual
couples. Users are free to define their own sexuality labels, as the App does not impose specific
labels.
6. Subscriptions and Payments
Payment Methods: We utilize Apple App Store subscriptions, including month-to-month,
recurring subscriptions, and one-time payments.
External Payments: Currently, we do not support external payment methods beyond
personalized free trials and in-person promotions, which are subject to their own terms and conditions.
Refunds: All subscription purchases are handled by the Apple App Store. Refund
policies adhere to Apple's guidelines and South African consumer protection laws.
Billing Cycles: Users can choose between monthly subscriptions, recurring subscriptions,
or one-time payments based on their preferences.
7. User Content and Conduct
Content Moderation:
Review Process: User-generated content is reviewed upon submission to ensure
compliance with our community standards. This includes an automated screening process and manual
reviews.
False Positives: Our automated system might flag content incorrectly. In such
cases, a manual review will be conducted.
Rejection of Content: We reserve the right to reject or remove content at
our discretion to prevent malicious reverse engineering and other abuses. Reasons for rejection
may or may not be provided.
Community Standards: Users must adhere to respectful and appropriate behavior.
Harassment, hate speech, discrimination, and any form of inappropriate content are strictly prohibited.
Reporting Mechanism: Users can report inappropriate content or behavior through
the in-app reporting feature. Reports will be reviewed and addressed promptly.
Prohibited Content: Includes, but is not limited to, content that is illegal,
defamatory, obscene, infringing on intellectual property rights, or promotes violence or discrimination.
8. Intellectual Property
Ownership: All trademarks, logos, names, code, and intellectual property ("IP")
related to HoeGaanDit are owned by us unless explicitly stated otherwise or open-sourced.
Usage: Users are granted a limited, non-exclusive, non-transferable license to
use the App. Unauthorized use of our IP is prohibited.
User Content: Users retain ownership of the content they create on the App but
grant HoeGaanDit a license to use, display, and distribute that content within the App.
9. Third-Party Services and Advertising
Third-Party Integrations: We integrate with services like Supabase, Hetzner, AWS,
and Firebase. Data sharing with third parties is minimized, and users can opt out where possible.
Advertising Partners: We may partner with external companies and brands for advertising
and partnerships. All advertising complies with South African advertising standards.
User Consent: Users may need to consent to personalized advertising based on their
data. This consent is obtained during account registration or within the App settings.
Advertising Guidelines: Prohibited advertisements include those promoting illegal
activities, discriminatory content, or misleading information.
10. Dispute Resolution
Arbitration and Mediation: Any disputes arising from the use of HoeGaanDit will
be resolved through arbitration or mediation within South Africa.
Preferred Arbitration Body: Disputes will be handled by the Arbitration Foundation
of Southern Africa (AFSA) or a similar recognized body.
Jurisdiction: These Terms are governed by the laws of South Africa, and any legal
proceedings will be conducted within South African courts.
Binding Decisions: The decision of the arbitration body is final and binding on
both parties.
11. Updates to Terms
Modifications: We may update these Terms without prior notice. Updated Terms will
be available in the App and on our website.
Notification: Users will be informed of significant changes through in-app notifications,
email, or other communication channels.
Acceptance of Updates: Continued use of the App after updates constitutes acceptance
of the new Terms.
12. Termination
Termination by User: You may terminate your account at any time by deleting your
profile through the App.
Termination by Us: We reserve the right to terminate or suspend your account if
you violate these Terms or engage in harmful activities.
Grounds for Termination: Includes, but is not limited to, fraudulent activity,
harassment, violation of community standards, and misuse of the App.
Appeal Process: Users whose accounts have been terminated may appeal the
decision by contacting support@hoegaandit.co.za with
relevant details for review.
13. Limitation of Liability
HoeGaanDit is provided "as is" without warranties of any kind. We are not liable for any
indirect, incidental, or consequential damages arising from your use of the App, including but
not limited to loss of data, loss of profits, or business interruption.
14. Indemnification
You agree to indemnify, defend, and hold harmless HoeGaanDit, its affiliates, officers,
directors, employees, and agents from and against any claims, liabilities, damages, losses, and
expenses, including reasonable legal fees, arising out of or in any way connected with your
access to or use of the App.
15. Governing Law
These Terms and your use of the App are governed by and construed in accordance with the laws of
South Africa. You agree to submit to the exclusive jurisdiction of the South African courts in
respect of any disputes.
16. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
Entire Agreement: These Terms constitute the entire agreement between you and
HoeGaanDit regarding your use of the App, superseding any prior agreements.
Severability: If any provision of these Terms is found to be unenforceable or
invalid, that provision will be limited or eliminated to the minimum extent necessary, and the
remaining provisions will remain in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms does not
constitute a waiver of those rights.
Additional Considerations for Compliance and Functionality
1. Dispute Resolution Details
Preferred Arbitration Body: We have chosen the Arbitration Foundation of Southern
Africa (AFSA) as our preferred arbitration body for resolving disputes.
2. User Support and Feedback
Support Channels: In addition to email support, we offer in-app chat support and
a support ticket system accessible via the App’s settings menu.
Response Time: We strive to respond to all user inquiries and complaints within
48 hours on business days.
3. Detailed Data Handling
International Data Transfers: We ensure all international data transfers comply
with POPIA’s cross-border data transfer regulations by implementing standard contractual clauses
and ensuring that third-party service providers offer adequate data protection.
Data Processing Agreements: Comprehensive data processing agreements are in place
with Supabase, Hetzner, AWS, Firebase, and any other service providers handling user data.
4. Marketing and Advertising
Advertising Guidelines: We prohibit advertisements that promote illegal activities,
hate speech, discrimination, or misleading information. All advertisements must comply with South
African advertising standards.
User Consent: Users must provide explicit consent for personalized advertising
based on their data during account registration or through the App’s settings.
5. Content Guidelines
Prohibited Content: Includes illegal content, defamatory statements, obscene material,
intellectual property infringement, violent content, and discriminatory remarks.
Reporting Mechanism: Users can report inappropriate content or behavior through
an in-app reporting feature, accessible on every user profile and content post.
6. Localization
Language Versions: The Terms and Conditions are available in both Afrikaans and
English to cater to our diverse user base.
Cultural Considerations: The T&C reflects South African cultural norms and sensitivities,
ensuring respectful and inclusive language.
7. Termination and Suspension Policies
Grounds for Termination: Clear outline of behaviors or actions leading to termination,
including fraud, harassment, violation of community standards, misuse of the App, and non-compliance
with these Terms.
Appeal Process: Users can appeal account termination by submitting a detailed
request to support@hoegaandit.co.za, providing
necessary information for review.
8. Feedback and Improvements
User Feedback: Users can submit suggestions for improving the App through the
in-app feedback feature or by contacting
support@hoegaandit.co.za.
Beta Features: Participation in beta testing or early access features is subject
to additional terms, which will be provided at the time of participation.