GENERAL TERMS & CONDITIONS
Last updated: 8 January 2025
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Welcome to the Xamina website, a platform owned and operated by Xamina (Pty) Ltd. By accessing or using this website, you agree to the following General Terms and Conditions. These terms govern your use of the website, including its content, functionality, and services, and apply to all visitors, registered users, and customers of Xamina’s services.
Please note that specific terms and conditions apply to the use of Xamina’s services, including MatchMe, SmartMatchMe and Elevate. Users must agree to the specific terms applicable to the service they register for or purchase. These General Terms and Conditions supplement, but do not replace, the specific terms of MatchMe, SmartMatchMe and Elevate.
1. Definitions
1.1. "Xamina" refers to Xamina (Pty) Ltd, a South African registered company responsible for owning, managing, and operating this website and its services.
1.2. "Website" refers to all webpages, digital platforms, and related content accessible through www.xamina.online, including features, tools, and services hosted on the domain.
1.3. "User" refers to any individual or entity that visits, browses, registers, or interacts with the Xamina website, including customers of MatchMe, SmartMatchMe or Elevate.
1.4. "Services" refers to the matchmaking service for love (MatchMe and SmartMatchMe) and the mentorship and coaching service (Elevate), each governed by their respective terms and conditions.
1.5. "Content" refers to all information, text, images, videos, software, or other material available on the website, whether provided by Xamina or third parties.
1.6. "Third-Party Links" refers to any external websites, resources, or services linked to or referenced on the Xamina website.
2. Acceptance of Terms
2.1. By accessing or using the Xamina website, you confirm that you have read, understood, and agree to these General Terms and Conditions.
2.2. If you do not agree to these terms, you must immediately stop using the website. Continued use of this website constitutes your acceptance of these terms.
2.3. Users who register for MatchMe, SmartMatchMe or Elevate must also agree to the specific terms and conditions applicable to those services. In the event of a conflict between these General Terms and the specific terms of a service, the specific terms will take precedence for that service.
3. Use of the Website
3.1. Prohibited Activities: Users may not:
a. Use the website for any illegal, fraudulent, or unauthorized purpose;
b. Attempt to gain unauthorized access to the website’s servers, systems, or data;
c. Interfere with the operation of the website, including introducing viruses, malware, or other harmful components;
d. Use automated tools, bots, or scraping software to access or extract data from the website;
e. Post or share any content that is defamatory, obscene, abusive, or violates the rights of others.
3.2. Account Responsibility: Users who register for an account are responsible for maintaining the confidentiality of their login credentials and for all activities conducted under their account.
3.3. Accuracy of Information: Users must ensure that any information they provide on the website is accurate, complete, and up to date.
4. Intellectual Property
4.1. Ownership: The website, including all content, features, and functionalities, is the property of Xamina (Pty) Ltd and is protected by copyright, trademark, and other intellectual property laws.
4.2. Limited License: Users are granted a limited, non-exclusive, and non-transferable license to access and use the website for personal purposes. Any unauthorised use, reproduction, or distribution of website content is strictly prohibited.
4.3. User Content: Users retain ownership of any content they upload or post on the website. By doing so, you grant Xamina a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content to operate the website and provide services.
5. Privacy and Data Protection
5.1. Compliance with POPIA: Xamina is committed to protecting user privacy and complies with the Protection of Personal Information Act, 2013 (POPIA).
5.2. Data Collection and Use: Xamina collects and processes personal information in accordance with its Privacy Policy. By using the website, you consent to the collection and use of your data as described in the Privacy Policy.
5.3. Third-Party Services: Xamina may use third-party tools or services to enhance website functionality. These third parties may also collect personal data in accordance with their own privacy policies.
5.4. Data Security: Xamina implements reasonable measures to protect user data but cannot guarantee absolute security. Users are responsible for maintaining the security of their accounts.
6. Third-Party Links and Resources
6.1. The website may contain links to third-party websites or resources. These links are provided for informational purposes only and do not imply endorsement by Xamina.
6.2. Xamina is not responsible for the content, accuracy, or practices of third-party websites. Users access such sites at their own risk.
7. Limitation of Liability
7.1. The website and its content are provided "as is" without warranties of any kind, either express or implied.
7.2. Xamina is not liable for:
a. Any errors, inaccuracies, or omissions in website content;
b. Any damages resulting from the use or inability to use the website;
c. Any interactions, agreements, or disputes between users arising from the use of MatchMe, SmartMatchMe or Elevate.
7.3. Nothing in these terms excludes liability for death, injury, or damages caused by gross negligence or intentional misconduct.
8. Indemnification
Users agree to indemnify and hold harmless Xamina, its directors, employees, and affiliates from any claims, damages, or expenses arising from:
a. Your use of the website;
b. Your violation of these General Terms and Conditions;
c. Your violation of any third-party rights, including intellectual property or privacy rights.
9. Modifications to the Website and Terms
9.1. Xamina reserves the right to modify, suspend, or discontinue any part of the website at any time without notice.
9.2. Xamina may update these General Terms and Conditions from time to time. Users will be notified of significant changes, and continued use of the website after such changes constitutes acceptance of the updated terms.
10. Termination of Use
10.1. Xamina may suspend or terminate a user’s access to the website if they violate these terms or engage in prohibited activities.
10.2. Users may terminate their use of the website at any time by discontinuing access.
11. Governing Law and Dispute Resolution
11.1. These General Terms and Conditions are governed by the laws of the Republic of South Africa.
11.2. Any disputes arising from the use of the website will be resolved in the courts of South Africa.
12. Contact Us
If you have any questions about these General Terms and Conditions or the website, please contact us at:
Email: info@xamina.online
By using the Xamina website, you acknowledge that you have read, understood, and agreed to these General Terms and Conditions.​