The following Terms and Conditions specify the conditions which shall apply for the use of Shared Smiles operated by Group Shared Smiles (NPC), 19 Vasco da Gama Road, Kenton-on-Sea, Eastern Cape, 6191, South Africa using the domains of https://sharedsmiles.org, https://web.sharedsmiles.org, & https://app.sharedsmiles.org (hereafter “Shared Smiles”). All the users and clients of Shared Smiles (hereafter collectively “Clients”) shall be bound exclusively by these General Terms and Conditions, even if use or access is made from outside South Africa. With registration, the Client acknowledges to have read and understood and to accept said General Terms and Conditions. The Client shall accept the General Terms and Conditions by making the declaration “I agree to the Terms of Service and Privacy Policy.” by continuing to use the services of Shared Smiles.
The use of Shared Smiles is prohibited for minors below the age of 18 years.
The Object of Terms and Conditions
Shared Smiles offers on its website a service for persons to learn about themselves as well as to find compatible people. The terms and conditions below shall regulate the use of Shared Smiles by the Clients of Shared Smiles.
Shared Smiles offers its services exclusively for private, non-commercial purposes. With registration, each Client undertakes to use the services for private purposes only.
Description and Scope of the Services
Shared Smiles offers to its Clients access to its database and application to be retrieved under the domain www.SharedSmiles.org and through the websites of cooperation partners into which Shared Smiles is or may be integrated, possibly in a graphics display adapted to the platform of said cooperation partner website.
Shared Smiles allows its Clients access to its application and database. This includes firstly, access to one of the tests offered by Shared Smiles where the Client fills in a questionnaire founded on psychological criteria. The replies of the Client to the items in the questionnaire with extensive statistical comparison data form the basis for working out an individual profile evaluation for the Client in a computerised output.
Shared Smiles tries its best to provide accurate results to the different kinds of questionnaires. However, we do not take any responsibility for the accuracy nor for the impact that the results might have on you.
Shared Smiles provides a premium service at a charge that provides premium tests and premium consultations with psychologists.
Shared Smiles provide an MBTI like personality that divided personality accords 4 dimensions. However, the MBTI and Myers Briggs are registered trademarks of the Myers & Briggs Foundation. Any mention of the marks are for education use only. This website/software is not affiliated with the Myers & Briggs Foundation.
Prior to accessing a chargeable service, Clients are warned that costs are being incurred and informed of the extent of the service and ways of payment; after effected payment Clients may use said chargeable services.
Access
Any access for using the Shared Smiles database system requires registration wherein the Client may use his/her own personal password and nickname or alias.
With registration, every Client shall accept the conditions of use set forth in the present General Terms and Conditions.
A registration creates between Shared Smiles and the Client a contractual relationship subjected to the regulations of the present General Terms and Conditions.
Shared Smiles is entitled at any time to block access for a Client who unlawfully uses the Shared Smiles system, in particular in the case of a breach of the obligations set forth below.
Shared Smiles offers free-of-charge and chargeable services. Chargeable services are as follows:
Private consultations
Purchases of premium versions of the test results and premium tests
Premium events and premium courses
In the case of chargeable services, costs are incurred either for each case of use or for accessing the services for a specified period. Prior to using any chargeable services, the Client will in any event receive warning that those are chargeable services and what amount of charges will be incurred. Upon payment of the corresponding charges, said services can be used. All other services are basically free of charge.
Upon use of said chargeable services the registered Client enters into a contractual relationship with Shared Smiles in addition to and separate from registration. Such contractual relationship for chargeable services is brought about in that the Client accepts the obligation to pay by clicking on the payment confirmation button on the respective web page.
Data Protection
Security and protection of the Clients’ data is of particular concern to Shared Smiles. Shared Smiles undertakes to comply with the statutory provisions as regards to data protection.
In the scope of rendering the contractual services, personally-related data – such as age, gender, postal code, telephone number, evaluation results of the tests, pictures – are collected, stored, processed, and used. Personally-related data are understood to mean data comprising details of personal and factual particulars of a specific or identifiable Client.
These are furthermore stored in the personal user settings entered by the Client using Shared Smiles. This is to ensure that in another visit (new session – at each new login) the Client will find his/her personal settings.
The Client shall consent to the use by Shared Smiles of his personally-related data for the purposes of counselling, advertising, market research, for research and analysis, so as to enhance Shared Smiles and to adapt the services to meet requirements.
Furthermore, the Client shall give his/her explicit consent to receive email newsletters from Shared Smiles. Such consent may at any time be cancelled by way of an email to info@Shared Smiles.org.
The Client further shall consent to publication of his/her data profile through websites of Shared Smiles cooperation partners; websites containing portions of Shared Smiles (micro sites); mobile applications (e.g. UMTS or SMS); and print media (newspapers, magazines, etc.), to thus increase the number of persons potentially interested in his/her profile.
The Client finally shall consent for his/her personal data profile to be passed on to external service providers of Shared Smiles for the purposes set forth below:
to distribute emails and newsletters in the name and on behalf of Shared Smiles
to transfer Shared Smiles elements and Client profiles to other media
to initiate telephone contact for counselling and for advertising Shared Smiles services
Currently, Shared Smiles does not share data with third party providers to send commercial offers. That said, in the future, Shared Smiles could occasionally send promotional offers of its partners that it thinks might interest users. In case that happens, Shared Smiles will inform about the entities for which mails are sent, the sector of operation of the partners and the kind of mails sent, guaranteeing in every moment the rights of the users.
The Client shall consent to that his/her access to Shared Smiles, if such access to the services of Shared Smiles occurs through an affiliate partner site, is stored with a cookie. Such cookies do not contain any personal Client data but exclusively serve to maintain the affiliate partner programme. Such cookies are deleted automatically upon registration of the Client. In the absence of registration, cookies are automatically deleted after 30 days as a rule.
The Client shall consent that the rights indicated above in item (3) shall also be the rights of Group Shared Smiles (NPC), 19 Vasco da Gama Road, Kenton-on-Sea, Eastern Cape, 6191, South Africa.
Shared Smiles will set up user profiles utilising aliases, transmitting to other service providers whose teleservices the Client has used only anonymous utilisation data for the purpose of market research.
Every Client is entitled to object to the transmission to third parties of anonymous utilisation data for the purposes of counselling, advertising, and market research and to the creation of anonymous utilisation profiles. Said right to object shall be exercised by a simple email to info@Shared Smiles.org, stating the alias and the full name of the Client.
Shared Smiles will at any time upon request provide the Client with full and free information on the stored data files where these are related to said Client.
Shared Smiles explicitly warns its Clients that data protection for data transmission in open networks such as the internet cannot be fully guaranteed given the state of the art. Responsibility for the security of the data which the Client transmits to the internet shall thus remain with the Client.
Upon registration, the Client consents to utilisation of his/her data indicated in the above terms and conditions.
International Data Transfer Shared Smiles will not transfer user data to countries outside the EU. Exceptionally we might in the future transfer user data to countries not considered safe according to the EU Safe Harbor Framework. We will only do that with the consent of our users. The transfer of user data would only happen to countries in which the users are resident.
Costs
Use of any service accessible to Clients within the services of Shared Smiles shall be free of charge, unless the Client is warned of charges incurring prior to using such service. Any charges incurring for chargeable services and modes of payment shall be explained for each chargeable service.
In the case that access for a Client is blocked for breach of contract, any credit balance not used up for the relevant time period shall be retained by Shared Smiles as a flat service charge covering prevention of the breach of contract. Any credit balance existing shall not be refunded.
Objections to Fees Charged for Chargeable Services
Any objections to amounts of debited or charged fees which a Client may have must be raised and substantiated versus Shared Smiles in writing at the latest 14 days from debit of the objected fees or from receipt of the objected invoice. If the Client should fail to raise any substantiated objections within said 14 days period, the debited or charged fees shall be deemed to be approved. Any costs or fees incurred due to the delay or default of payment are the responsibility of the Client. In the event of a delay or default of payment, interest will be charged in accordance with prevailing statutory regulations.
Minor impediments to the services shall not be deemed to justify objections. Minor impediments to chargeable services are present in the case that a period during which the Client cannot use said chargeable services does not exceed two consecutive days. A justified objection also requires the condition mentioned below in these General Terms and Conditions, Shared Smiles is liable for non-availability.
The following shall apply in the case of justified objections: Clients who have paid for time-based access to the Shared Smiles application and database shall be granted an extension of access by that period for which the Client has raised justified objections.
In the case of a justified objection, the Client shall be entitled to grant Shared Smiles an additional period of five working days for proper performance, and to request crediting under (3). In the case that the cause of the objection has not been eliminated upon expiry of the additional period, the Client shall be entitled to cancel the contract. Refunds of unused credits shall then occur according to the terms below.
Obligations of Clients
Every Client shall undertake to treat as confidential any emails and other communication or other data of Clients obtained in conjunction with use of the Shared Smiles database and not to divulge same to any third party save with the consent of the originator. This shall likewise apply to names, telephone and/or telefax numbers, residential and email addresses and/or URLs of other Clients.
The passing on of any and all data of non-clients is prohibited as well.
Each Client furthermore undertakes to not misuse Shared Smiles, in particular to not use Shared Smiles to circulate any defamatory, offensive, pornographic or otherwise unlawful materials or information; to not use Shared Smiles to threaten, harass, or violate the rights of another (including right of personality), or to promise or demand money or monetary values;
to not upload onto Shared Smiles any data:
containing a virus (infected software)
containing software or other materials protected by copyright or industrial property rights, save in the case that the Client is the rightful owner of said rights or has obtained any consent necessary to use said software or materials
to not use Shared Smiles so as to cause adverse effects on the availability of the offers for other Clients;
to not send messages to Clients for any other purpose than personal communication, in particular to not advertise nor offer any goods or services;
Any possible consequences in terms of civil or criminal law to each Client notwithstanding, non-compliance with any of the above obligations of conduct shall entitle Shared Smiles to terminate the contract without notice, and to immediately block access to the Shared Smiles application and database under item III.
In the case of an indication of inadmissible or unlawful use, Shared Smiles shall be entitled to check the contents entered by the Clients, if necessary to block access to such data, and to immediately block access for the Client under item III. In case of doubt, Shared Smiles shall have the right of final decision as to admissibility of the use in question.
Cancellation and Termination
Every Client is entitled at any time to cancel without giving reasons. Upon cancellation the Client data shall be deleted and the contractual relationship specified in item III.(1) terminated.
Shared Smiles is also entitled at any time to terminate the contractual relationship specified in item III.(1) giving two weeks’ notice.
In the case that a Client of chargeable services cancels his/her registration, the contractual relationship regulated under item III.(3) in these General Terms and Conditions shall remain unaffected. Upon cancellation the Client waives the use of a credit as yet uncalled for using said chargeable services, i.e. the Client shall not receive any refund of fees paid.
Upon expiry of the purchased access period, access to the chargeable option of making contact under item II (5) and the related contractual relationship under item III (3) shall be automatically extended by an access period as selected or indicated (e.g. 3 or 6 months), unless the Client terminates in writing fourteen days before expiry of the access period or, if another termination period was communicated when buying the access period, within this other stated termination period, indicating his/her full name and his/her alias. The termination must be requested using the respective link in “Account” in “Close Account”, if available, or by facsimile. Upon receipt of the confirmation of payment for the first purchase the user shall be informed of the day (date) until which the contract shall firstly run and by what duration the term will be extended unless due notice of termination is given.
Account is automatically renewed for a period equal to the current contract. After joining the Test Member of 3 days (or other trial period), account is renewed to Standard Member
Shared Smiles is entitled to discontinue the services offered at any time in full or in part.
Any Client who, at the time that Shared Smiles discontinues the services, has any prepaid, not yet used up claim (credit balance) for such services, shall receive a pro rata refund of the title to services not yet used (credit balance).
Operation
Shared Smiles shall be entitled though not obliged to inspect and check the contents of any and all texts and received data or graphics files for compatibility with general legislation or with these GTCs and where necessary to amend or delete contents.
Right
Any and all rights to programmes, services, processes, software, technologies, trademarks, trade names, inventions, and any and all materials pertaining to Shared Smiles, are exclusively held by Shared Smiles. Shared Smiles is the proprietor of any and all licences to use the rights indicated above.
Use of any and all of the programmes and the contents thereof, materials and trademarks and trade names is permissible exclusively for the purposes indicated in these General Terms and Conditions. Reproducing said programmes, services, processes, software, etc. – for any purpose whatsoever – is inadmissible.
Liability
Shared Smiles has no control over the correctness and security of any information exchanged between Clients or entered by Clients in their profiles. Therefore Shared Smiles cannot be held responsible for any such information. Exemption from liability shall always apply in this respect.
Shared Smiles shall not assume any liability for the correctness and success in matching different profiles and the correctness of evaluations of the personality tests. Shared Smiles shall not assume any responsibility for the contents of the evaluation and of the reports drawn up individually. Although it is not permitted, Clients have the opportunity of entering incorrect information or using the Shared Smiles application for other inadmissible or unlawful purposes.
As regards to any inadmissible or unlawful use of the Shared Smiles application, Shared Smiles shall be exempt from any liability.
What Shared Smiles undertakes is only to endeavour to arrange contacts but not any success in doing so. Consequently, Shared Smiles shall not be held liable if within the duration of the contract no contact is being established or the personalities of the contacted Clients are actually not compatible with one another.
Shared Smiles shall not be held liable for a continuous, uninterrupted availability of the system, nor for system outages, interruptions or disruptions of the technical installations, and of Shared Smiles . Shared Smiles shall in particular not be held liable for a poor quality of access to Shared Smiles due to force majeure or any events beyond the control of Shared Smiles, in particular in the case of failure of communication networks and gateways. Shared Smiles shall not be held liable for minor service interruptions.
Shared Smiles shall not be held liable for any damage arising from causes other than the aforementioned save in the case of intent or gross negligence by their bodies, employees and vicarious agents, and only at the same proportional share as its contribution to the cause of damage in relation to other causes.
Shared Smiles shall be held liable for simple negligence only to the extent that an executive body, employee, or vicarious agent of Shared Smiles has violated a substantial contractual duty. Any liability shall be limited to typical damage occurring.
For the remainder, liability shall be excluded.
Indemnification
The Client hereby holds harmless and indemnifies Shared Smiles from any and all liability and any and all obligations, expenses and claims arising from damage out of defamation, insult, infringement of personal rights by other Clients, due to failure of services for Clients, due to violation of intangible property rights or other rights through Clients. Every Client shall furthermore hold harmless and indemnify Shared Smiles from any and all liability, claims, and costs arising from a violation of these General Terms and Conditions.
Communications
Communications from Shared Smiles to Clients are provided through display masks upon “login” or via email. Communications from Clients to Shared Smiles shall be sent via email to the addresses explicitly indicated in the pages (hello@Shared Smiles.org) or via surface mail.
Set-off / Right of Retention
Clients shall have the option to claim from Shared Smiles a set-off against their own claims or to claim a right of retention only for claims that have become res judicata, that are undisputed, or otherwise acknowledged.
Advertising
The Client declares his/her consent for Shared Smiles to mail to him/her advertising for the services they are offering.
Amendments to the General Terms and Conditions Shared Smiles shall be entitled to amend these General Terms and Conditions at any time. Shared Smiles shall explicitly point out any such amendments to the Client. The Client has the option to object to amended General Terms and Conditions within a period of two weeks. Shared Smiles shall explicitly point out said option with every amendment. Unless the Client objects to an amendment within said period, the new General Terms and Conditions shall apply to said Client from the day of expiry of said period.
Shared Smiles shall be entitled to amend these General Terms and Conditions. Such amendments shall enter into force as they become available online in the web pages. This shall apply notwithstanding the option for every Client to terminate his/her membership. Continued use of the Shared Smiles services by a Client will signify that the amendments have been agreed to.
If a Client objects to amended General Terms and Conditions, Shared Smiles shall be entitled to terminate without notice the free membership described in item III.(1). In such a case, Shared Smiles shall be further entitled to object to an automatic extension of the chargeable membership as specified in items II.(5), III.(3), VIII.(3). In this case, chargeable membership shall terminate upon expiry of the access period specified at that time. Shared Smiles shall declare any objection to an extension of chargeable membership no later than two weeks before expiry of the access period concerned.
Clients are thus requested to take due note of the most current version available online on the website at all times. A presence of the Client on the website is subject to an unconditional acceptance of any revision or amendment.
General Terms
These General Terms and Conditions and any and all legal relations between Client and Shared Smiles shall be governed by South African law to the exclusion of conflict of laws provisions. In the case that any one provision in these General Terms and Conditions should be or become null and void or incomplete, the validity of the remaining General Terms and Conditions shall remain unaffected.
Any invalid or incomplete condition shall be replaced or supplemented by a valid one which comes closest to the intended economic outcome.
The registered domicile of Shared Smiles shall be the exclusive place of jurisdiction for any and all disputes arising in conjunction with Shared Smiles.
Right of Revocation
The Client shall have the right to revoke the contractual relationship under item III (1) with Shared Smiles within 2 weeks from entering into the contract (registration date) by way of a written declaration addressed to Shared Smiles at the email address indicated in item XIII. or via surface mail to the address indicated in XIX.
The Client shall have the right to revoke the contractual relationship under item III paragraph (3) with Shared Smiles within 2 weeks from entering into the contract (registration date) in the same way, as long as no chargeable services have been used yet. Said right of revocation shall cease once use of the service has begun.
Domicile of the Company
The domicile of the company is:
Group Shared Smiles (NPC) 19 Vasco da Gama Road Kenton-on-Sea, Eastern Cape, 6191 South Africa