1. INTRODUCTION

1.1 Love SMS is a "match maker" communication service ("the service") provided by Worldplay (Pty) Limited ("Worldplay") via the system licensed to Worldplay ("the Worldplay system"), which allows for a participant (hereinafter referred to as "a user") to communicate anonymously with other users via a short message service ("SMS"), subject to the terms and conditions set out herein.

1.2 To register for and activate the service, the user is required to send an SMS ("the initial SMS"), either blank or comprising the letter "L", to one of the numbers stipulated and published on the website located at www.lovesms.co.za ("the website"). The Worldplay system will then send a series of SMS's to the user requesting various information. By sending this initial SMS to the Worldplay system, the user warrants that he or she has read and accepts these terms and conditions and agrees to be bound by them.

1.3 Once registered, the user will be requested to disclose his or her gender and to provide a profile of him or herself ("profile information") which profile information will be used to match the user's profile with the profiles of other users and may subsequently be forwarded to other such matching users. The user may then begin exchanging SMS's with such other users.

1.4 The Worldplay system will attempt to match participants based on the profile information provided. In this regard the Worldplay system will play an advisory role only and may provide profile information of a user to other users who, in the Worldplay system's opinion, matches the user's profile.

1.5 A user may at any time, and out of his or her own free will, decide to disclose any of his/her information directly to another user.

2. DISCLAIMER

2.1 Worldplay shall not be held liable for any loss, injury, expense or damage (whether direct, indirect or consequential) of any nature whatsoever suffered or incurred by any user or person utilising or partaking of the service.

2.2 Worldplay bears no responsibility for any damage or loss caused by the interruption, suspension or cancellation of the service by whatever means.

2.3 Worldplay does not assume responsibility and makes no representations or warranties, whether express, implied in law or residual, as to the reliability, accuracy or propriety of any information, opinions, data and/or content of any SMS's sent and received in terms of the service and shall not be bound in any manner by any information contained either on this website or in any SMS.

2.4 Worldplay will not be held liable for any consequences arising out of meetings between users. Such meetings are arranged and held at the users' own risk. Worldplay furthermore discourages users from disclosing personal information directly to other users.

2.5 Worldplay reserves the right to make changes to these terms and conditions at any time. Such changes will be published on the website, which amendments the user will be deemed to have accepted and be bound by if he or she accesses the website or continues using the service.

3. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

3.1 Copyright and all intellectual property rights in all materials, text, drawings and data made available on this website (collectively "materials") are owned by Worldplay alternatively, Worldplay is the lawful user thereof and are protected by both South African and international intellectual property laws. The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of Worldplay. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of Worldplay.

3.2 Worldplay shall not be held liable for any infringement of intellectual property or other rights which may result from the use of the service.

4. INDEMNITY

The user hereby indemnifies Worldplay against any claims, liabilities, losses, costs, damages and expenses incurred (whether directly or indirectly) by the user which may arise as a result of the user's use of and participation in the service for any reason whatsoever.

5. USE OF THE SERVICE

5.1. By making use of and participating in the service, the user warrants that he or she is legally able to agree to and be bound by these terms and conditions. Worldplay furthermore does not assume any responsibility for use of or participation in the service by a person who is under the age of 18 (eighteen) years.

5.2 The user hereby undertakes to use the service in a respectable and honest manner, in compliance with these terms and conditions and all applicable laws and regulations.

5.3 Worldplay is not responsible for any material submitted to a public arena by a user. Any material submitted by any user is not endorsed, reviewed or approved by Worldplay. Worldplay reserves the right to remove any material submitted by a user, without notice to the user, if it becomes aware and determines, in its sole and absolute discretion, whether there is a likelihood that a user may -

5.3.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;

5.3.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;

5.3.3 offload files that contain viruses, corrupt files or any other similar software or programmes that may damage the operation of Worldplay's and/or a third party's computer system and/or network;

5.3.4 violate any copyright, trade mark, other applicable South African or international laws or intellectual property rights of Worldplay or any other third party;

5.3.5 submit contents containing marketing or promotional material which is intended to solicit business or the dissemination of messages which constitute "spam" mail.

5.4 The user furthermore undertakes not to use the service for the communication of material that is pornographic, blasphemous, slanderous, unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, or that violates the rights of other users or any applicable law and the user hereby indemnifies Worldplay against any loss, liability, damage or expense of whatever nature which Worldplay or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the service.

5.5 The user hereby accepts that Worldplay bears no responsibility for the content of messages sent and received via the service.

5.6 The user knows and understands that SMS's sent in relation to the service will be charged at a premium rate as published on the website from time to time. The user accepts that free minutes and free SMS packages will not apply.

6. PAUSE, RESTART, WITHDRAWAL AND TERMINATION OF THE SERVICE

6.1 The user may elect to not receive SMS's for a limited and temporary period of time by sending an SMS to Worldplay containing the command "PAU". Upon expiry of this period, the user will automatically be reconnected to the service. Messages which would ordinarily have been received by the user during this period will be stored by Worldplay until termination of the service.

6.2 The user may withdraw from participating in the service at any time by sending an SMS to Worldplay containing the command "ESC".

6.3 Worldplay reserves the right to modify, suspend or terminate the service or any aspect or feature of the service, at its own, sole discretion without notice to the user.

6.4 Worldplay may furthermore in its sole discretion cancel the service to a particular User in the event that the user fails to comply with the terms and conditions of service.

7. PRIVACY POLICY

We at Worldplay are sensitive to the private nature of information a user provides to us over the Internet and/or via SMS.

7.1 INFORMATION WE COLLECT

When a user makes use of the service or website, and at other times, he/she may be providing Worldplay with personally identifiable information. The personally identifiable information provided ranges from limited personal data such as name, telephone number, address and e?mail address to facts about your person, profession and preferences. In addition, our web servers automatically collect website usage information from users when visiting our website. Website usage information informs us about how our visitors and subscribers use and navigate our websites, including the number and frequency of users to each web page, their IP address, and the length of their stays.

7.2 HOW WE USE THE INFORMATION COLLECTED

We may combine the personally identifiable information which a user provides Worldplay during his/her use and participation in the service with other information about a user that is available to us, including website usage information and information from other sources. We may use this information to enable us to process, validate and verify information for the purposes for which a user specifically provided the information; to improve a user's experience; to improve and develop new products, features and services; to alert users to new services and special offers; to provide marketing with aggregate information about our users and usage patterns; and for other purposes.

We may share such information with third parties to help us improve our content, provide you with the services and to help our service providers to perform services on our behalf.

In addition, we may disclose any information about a user to law enforcement, other government officials, or other third parties, as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose Worldplay to legal liability, or in connection with our merger, consolidation, or sale of substantially all of our assets. We reserve the right to contact users at any time regarding any problems or questions as well as to notify users of changes to our Privacy Policy, or to other policies or terms that affect a user and his/her use of our website, and to share information in order to enforce our policies and terms governing our website.

7.3 COOKIES

Like most websites, Worldplay automatically collects information and data through the use of "cookies". "Cookies" are small text files a website can use to recognise repeat users, facilitate the user's ongoing access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising.

7.4 SECURITY

The personally identifiable information we collect about a user is stored in confidence in limited access servers. Safeguards are maintained to protect the security, integrity, and privacy of these servers and of a user's personally identifiable information.

7.5 POLICY MODIFICATIONS

We may change this Privacy Policy from time to time. We will post any changes here, so that the user will know our privacy practices. Please be sure to check back periodically. However, we will not use personal information in a manner materially different from this Privacy Policy without the user's consent.

7.6 COMMENTS AND QUESTIONS

Any questions, comments or concerns about our Privacy Policy, should be sent to us at info@lovesms.co.za .

8. JURISDICTION

8.1 These terms and conditions, their validity, existence or termination, or any other disputes arising in relation to these terms and conditions shall be governed and/or determined in accordance with the law of the Republic of South Africa without giving effect to any principles of conflict of law.

8.2 Both the user and Worldplay hereby consent to the exclusive jurisdiction of the High Court of South Africa (Witwatersrand Local Division) in respect of any disputes relating to these terms and conditions, the services, or any matter related to or in connection therewith.

9. WHOLE AGREEMENT

9.1 These terms and conditions constitute the entire agreement between the user and Worldplay. Worldplay reserves the right to amend or revise these terms and conditions at any time, which amended terms and conditions will be published on the website. Neither the user nor Worldplay shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein.

9.2 Worldplay shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms and conditions to any third party.

10. SEVERABILITY

If any one or more of the provisions of these terms and conditions should be held invalid or unenforceable the validity and enforceability of all other provisions hereof shall not be effected thereby. Such invalid or unenforceable provision shall then be deemed to have been deleted without affecting the validity and enforceability of the remaining provisions of the terms and conditions.