MzansiHavn Terms of Service

Last updated: 29 September 2026

Effective date: 16 September 2026

These Terms of Service govern your access to and use of the MzansiHavn mobile application. Please read them carefully. By creating an Account or otherwise using the App, you enter into a binding agreement with the Provider on these terms.

1. Definitions and interpretation

1.1 In these Terms, unless the context indicates otherwise:

1.2 In these Terms: clause headings are for convenience only and do not affect interpretation; the singular includes the plural and vice versa; a reference to a statute is a reference to that statute as amended or re-enacted; and the words "including", "includes" and "in particular" are not words of limitation.

1.3 No provision of these Terms is to be construed against the Provider merely because the Provider prepared them.

2. Acceptance and application

2.1 By creating an Account or using the Service, you agree to be bound by these Terms. If you do not agree to them, you must not use the Service.

2.2 The Privacy Policy and Community Guidelines form part of these Terms. In the event of a conflict between these Terms and either of those documents, these Terms prevail in respect of the subject matter of the conflict, save in respect of the processing of personal information, where the Privacy Policy prevails.

3. Eligibility

3.1 You must be 18 years of age or older to create an Account or use the Service.

3.2 By using the Service, you warrant that: you are 18 years of age or older; all information you provide is true and accurate; and you are not prohibited from using a dating service under any law applicable to you, including by reason of your inclusion on any register of sex offenders.

3.3 The Provider relies on the date of birth you supply. Supplying a false date of birth in order to circumvent the age restriction in clause 3.1 is a material breach of these Terms and entitles the Provider to terminate your Account immediately and without notice.

4. Your Account

4.1 You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted through your Account.

4.2 You may hold one Account only. You may not create multiple Accounts, and you may not create an Account on behalf of another person without that person's knowledge and consent.

4.3 You may delete your Account at any time through Settings → Account controls → Delete account. Deletion is permanent. Clause 6 of the Privacy Policy sets out what happens to your personal information on deletion.

4.4 The Provider may suspend or terminate your Account where you breach these Terms or the Community Guidelines, or where the Provider reasonably believes that your Account presents a safety risk to another user.

5. Acceptable use

5.1 You undertake that you will not, and will not assist or permit any other person to:

5.1.1 impersonate any person or entity, or misrepresent your identity, age, or affiliation;

5.1.2 use the Service for any commercial purpose, including advertising, solicitation, or the promotion of another service, without the Provider's prior written consent;

5.1.3 harass, threaten, stalk, or abuse another user;

5.1.4 solicit or send money, gift cards, or financial information from or to another user, or otherwise attempt to defraud any user;

5.1.5 submit or transmit Content that is sexually explicit and involves a person who may be a minor, that promotes violence, hate speech, or unlawful activity, or that infringes the intellectual property or privacy rights of another person;

5.1.6 upload a photograph of any person other than yourself, or a photograph materially altered so as to misrepresent your appearance, including an artificially generated image presented as a genuine photograph of yourself;

5.1.7 scrape, reverse-engineer, or employ any automated means, including bots, to access or interact with the Service; or

5.1.8 circumvent, disable, or interfere with any safety, security, or content-moderation feature of the Service.

5.2 The Community Guidelines set out the standards of conduct required of users in greater detail, and the manner in which the Provider deals with breaches.

6. Premium subscriptions and payment

6.1 Premium is offered as an auto-renewing subscription. It is purchased from, and billed by, the Apple App Store or the Google Play Store. The Provider does not process payments.

6.2 The price, billing period, and renewal terms applicable to Premium are displayed at the point of purchase and are governed by the payment terms of Apple or Google, as applicable.

6.3 A Premium subscription renews automatically unless cancelled at least 24 hours before the end of the then-current billing period. Cancellation is effected through your Apple ID or Google Play account settings. The Provider cannot cancel a subscription on your behalf.

6.4 Refunds are administered by Apple or Google in accordance with their respective refund policies, and not by the Provider.

6.5 The Provider may amend the price of, or the features included in, Premium with effect from a future billing period. The Provider will not amend the price of a billing period for which you have already paid.

7. Content

7.1 You retain ownership of your Content.

7.2 By submitting Content, you grant the Provider a limited, non-exclusive, royalty-free licence to host, display, reproduce, and distribute that Content within the App for the purpose of operating the Service, including displaying your profile to other users and generating match previews.

7.3 The licence granted in clause 7.2 terminates when you delete the Content or your Account, save that a copy may be retained for a limited period where retention is necessary for safety or legal purposes, including where the Content forms part of a report submitted by another user.

7.4 You are responsible for your Content and warrant that you have the right to submit it.

7.5 The Provider may remove any Content that breaches these Terms or the Community Guidelines, without prior notice.

8. Safety, risk, disclaimers, and limitation of liability

Please read this clause carefully. It describes risks to your personal safety, including risks of serious injury or death, and it limits the Provider's liability to you. The same risk warning is given to you separately inside the App, before you complete registration, where you are asked to confirm that you have read and understood it.

8.1 The Provider does not conduct criminal background checks on users. Identity and photograph verification is optional. Although parts of that process are automated, including comparison of a verification photograph against your profile photographs and an assessment of apparent age, it does not constitute a background check, and a "Verified" badge is not a warranty as to any user's identity, character, or intentions. A vouch from another user is likewise a social signal only, and is no indication of safety.

8.2 Risk warning. Meeting in person a person first introduced to you through the Service carries a real risk of serious harm. That harm includes, but is not limited to, theft, robbery, fraud and extortion; physical assault; sexual assault and rape; abduction and unlawful detention; and death. This risk is not remote or theoretical, and it exists notwithstanding any feature of the Service. The Provider cannot and does not eliminate, screen for, monitor, or insure against that risk, is not present when you meet another user, and has no means of knowing what any user intends. You alone decide whom you meet, where you meet them, and whether to enter a private place with them, and you do so at your own risk.

8.3 The fact, nature and potential effect of the risk described in clause 8.2 is drawn to your attention separately, conspicuously, and in plain language within the App before you are able to interact with any other user, and you are asked there to acknowledge it. The date and time of that acknowledgement is recorded on your Account.

8.4 The Provider makes safety features available in the App, including identity verification, reporting, blocking, date plans, check-ins, safety guidance, and a directory of South African emergency and gender-based-violence helplines. These features are aids only. They are not a security service, they do not summon assistance on your behalf, they cannot place a telephone call for you, and no feature of the Service should be relied on as a substitute for your own judgement, for telling somebody you trust where you are going, or for contacting the South African Police Service or another emergency service where you are in danger.

8.5 The Service is provided "as is" and "as available". The Provider does not warrant that you will form any match, that the Service will be uninterrupted or free of error, that any notification, reminder, check-in or alert will be delivered or delivered on time, or that information appearing in another user's profile is accurate.

8.6 To the maximum extent permitted by the law of the Republic of South Africa, including the Consumer Protection Act, 2008, where it applies, the Provider and its officers, employees, and affiliates are not liable for any loss, injury, or damage arising from the acts or omissions of any user or other third party, whether occurring online or in person, and including any theft, robbery, fraud, extortion, assault, sexual assault, abduction, unlawful detention, injury, or death; nor for any indirect, incidental, or consequential loss arising from your use of the Service.

8.7 Where South African law permits a limitation on direct damages in respect of a claim arising from your use of the Service, that limitation is the greater of (a) R2,000; or (b) the total amount paid by you to the Provider in respect of Premium during the 12 months preceding the date on which the claim arose.

8.8 You indemnify the Provider against any claim brought against it by a third party to the extent that the claim arises from your own breach of these Terms or of the Community Guidelines, or from your own unlawful conduct.

8.9 Nothing in this clause 8 limits or excludes any liability that cannot lawfully be limited or excluded, including any liability for the Provider's own gross negligence, and nothing in these Terms waives, deprives you of, or overrides any right you have under the Consumer Protection Act, 2008, or any other applicable law. Where any part of this clause is found to be unenforceable, that part is severable and the remainder continues to apply.

9. Reporting and enforcement

9.1 Where you breach these Terms or the Community Guidelines, the Provider may, in its discretion, remove Content, issue a warning, suspend your Account, terminate your Account permanently, and report the conduct concerned to law enforcement authorities where required or where the Provider considers it appropriate, including in any matter indicating a risk to a minor.

9.2 The Community Guidelines set out how reports are received and dealt with.

10. Intellectual property

10.1 The MzansiHavn name, logo, and the design of the App are the property of the Provider or are licensed to the Provider, and may not be used without the Provider's prior written consent.

10.2 These Terms grant you no right in the Provider's intellectual property other than the right to use the App for its intended purpose.

11. Amendment of the Service and of these Terms

11.1 The Provider may modify or discontinue any part of the Service at any time.

11.2 The Provider may amend these Terms. Where an amendment is material, the Provider will notify you through the App or by email before the amendment takes effect. Your continued use of the Service after the amendment takes effect constitutes acceptance of the amended Terms.

12. Governing law and dispute resolution

12.1 These Terms are governed by, and fall to be interpreted in accordance with, the law of the Republic of South Africa.

12.2 Where a dispute arises between you and the Provider, you are asked to first contact the Provider at mzansihavnapp@gmail.com so that the dispute may be resolved informally and in good faith. If the dispute is not resolved within 30 days of that contact, either party may refer it to the South African courts having jurisdiction.

12.3 Nothing in these Terms limits any right you may have under the Consumer Protection Act, 2008, to alternative dispute resolution.

12.4 These Terms are prepared and published in English only. The App interface is available in further languages for convenience. No translation of these Terms is authoritative, and the English text governs in the event of any conflict, discrepancy, or error of translation.

13. General

13.1 Entire agreement. These Terms constitute the entire agreement between you and the Provider in respect of the Service and supersede all prior communications and representations in respect of it.

13.2 Severability. Each provision of these Terms is severable. If any provision is found to be invalid, unlawful, or unenforceable, that provision is severed and the remaining provisions continue in full force and effect.

13.3 No waiver. No failure or delay by the Provider in exercising any right under these Terms operates as a waiver of that right, and no single or partial exercise of a right precludes any further exercise of it. A waiver is effective only if recorded in writing.

13.4 Cession and assignment. You may not cede, assign, or otherwise transfer your rights or obligations under these Terms. The Provider may cede or assign its rights and obligations, in whole or in part, on notice to you.

13.5 Notices. Notices to you may be given through the App or to the email address associated with your Account. Notices to the Provider must be given to mzansihavnapp@gmail.com.

13.6 Survival. Clauses 7.3, 8, 10, 12, and 13 survive termination of these Terms or deletion of your Account.

14. Contact

Elmo Fransman, trading as MzansiHavn (sole proprietor)

Cape Town, Republic of South Africa

mzansihavnapp@gmail.com