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It may not be practically possible for Have AFling to enforce these terms and conditions against such members.
If we receive a complaint from a member that another member is in breach of section 4.5 or any other section of these Terms, we will investigate such complaint and consider whether to exercise our rights under these Terms, including our rights to terminate that member's access to the Service under section 9.
C & Z Tech Limited, a New Zealand registered company of Level 12, 19 Victoria Street West, Auckland 1010, New Zealand ("we," "us" or, "Have AFling") operate the websites haveafling.mobi, nz, nz, haveanaffair.mobi, and the mobile application "Have A Fling" ("Websites") which provide an interactive way for like-minded users to explore whether they wish to meet each other, chat with each other and/or explore casual or extra-marital relationships (our Websites and such services, collectively, our "Service").
Your use of our Service is subject to the following Terms and Conditions of Use (these "Terms") set out in this Member Agreement ("Agreement").
Further, we make no guarantees as to the number or frequency of matches, or to such matches ability, desire or criteria to communicate with any user.
You understand that we make no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals. Virtual Profiles 3.1 You acknowledge and agree that the Website uses Virtual Profiles.
However, we reserve the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this section.2.5 Without limiting any right that we may have, we may, at our sole discretion, edit, modify, or delete content from your profile, delete any other content or material you have posted to our Websites, or suspend or cancel your membership if we believe that content entered creates, or may create, liability for Have AFling or if we believe the information to be misleading or inappropriate or if we believe you have breached these Terms.To the maximum extent permitted by law, we are not liable to you if we exercise any of these rights, including cancellation of any type of membership.You must therefore exercise caution when dealing with other members.As an Internet-based service, there are risks of members misrepresenting themselves or presenting themselves under false pretences.