Guardian Terms and Conditions
Last updated on March, 11th of 2021.
Guardian Terms & Conditions
Welcome to Hawaya. Hawaya offers dating services aiming to facilitate the formation of relationships between individuals through electronic communications networks including without limitation the website https://www.hawaya.com and the related downloadable application (together with the “Service”). You are registering as a Guardian in order to access a feature of the Service that allows you to receive transcripts of other users’ communications.
8750 Central Expressway, Suite 1400
Dallas, TX 75231, USA
MTCH Technology Services Limited (“MTCH Technology”)
42 Charlemont Street
Dublin 2, D02 R593
The terms “us“, “we” or “Hawaya” refer to Hawaya, Inc. or MTCH Technology based on your country of residence.
1. Consent – Acceptance of Terms and Conditions
2. Sign up
When you sign up, you will be required to authenticate your email address via email.
The Guardian functionality is only intended for adults over 21 years old. If you are under 21, you are not eligible to be a Guardian and will not be afforded access to our Guardian features.
The Guardian functionality is available to you by invitation from a Hawaya user only. In order to obtain access to the Guardian functionality, all users involved in the private communications which you have been invited to receive must accept for these communications to be shared with you. Hawaya Does not guarantee nor seek to influence or control that users will grant you access to their communications.
By registering as a Guardian, you represent and warrant that:
- You can form a binding contract with Hawaya.
- You will comply with this Agreement and all applicable laws and regulations.
- You must abide by the Service’s purpose, which is to allow individuals to chat for personal, entertainment, and non-commercial purposes, for the overall purpose of seeking a bona fide relationship.
- You are not a person who is barred from using the Service under local law, the laws of the United States or any other applicable jurisdiction – meaning (without limitation) that you do not appear, or act on behalf of any organization listed on the US Treasury Department’s list of Specially Designated Nationals, or face any similar prohibition in any other jurisdiction.
- You have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, any crime involving violence, or a crime inciting hatred or activism.
4. Guardian Code of Conduct
Though Hawaya strives to encourage a respectful user experience through its ‘Guardian’ functionality, YOU UNDERSTAND THAT HAWAYA DOES NOT VERIFY THE ACCURACY OF PROFILE DESCRIPTIONS NOR DOES IT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS.
HAWAYA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS USERS. THEREFORE HAWAYA EXCLUDES ALL LIABILITY IN CONNECTION WITH EVENTS OF ANY NATURE WHICH COULD TAKE PLACE BETWEEN USERS AND GUARDIANS DURING ONLINE OR OFFLINE INTERACTIONS, WHETHER ON OR OFF THE SERVICE, OR IF THEY MEET IN PERSON.
THE CONTENTS OF THIS SERVICE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT HAWAYA’S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH BELOW. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THE SERVICE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
In order to access and use the Guardian functionality, you agree to comply with this Agreement and with applicable laws and regulations and to respect the rights of other users. In particular, you agree that:
- We do not control or moderate exhaustively any of the users’ content sent to you via the Guardian feature. You understand and agree that from time to time we may monitor or review any content posted on the Service. We may delete any content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service or that of a third party.
- Users’ conversations on the Service are strictly private and confidential. You must not post, display or disseminate in any form whatsoever the personal contact details, information or the content of private conversations between users of the Service or publish any content about users that amounts to defamation, libel, or slander.
- You must keep any user content sent to you private and secure. You must delete all such user communication transcripts as soon as you have read them.
- You must not impersonate any other person or use another user’s account, create or publish content that infringes other people’s intellectual property rights, rights of publicity, privacy, copyright, trademark or any other personal right. This means you cannot copy modify, transmit, create any derivative works from, make use of, or reproduce in any way other people’s private messages, materials, photos, trademarks, trade names, service marks, or any other intellectual property or their personal information without their explicit prior permission. You may only disclose or publish content that relates to you and to your true identity.
- You must not apply undue pressure, insult, bully, stalk or harass other users, try to convince other users of your political, moral or religious views, or publish any content that is defamatory, harassing, threatening, abusive, offensive, racist, xenophobic, incites violence, or that contains nudity or is sexually explicit or pornographic. The excessive use of national or religious symbols won’t be tolerated.
- You must not encourage forced marriage, solicitation, prostitution, human trafficking, or slavery.
- You must not encourage criminal or unlawful conduct. Weapon representations are not allowed in any form.
- You must not use any robot, bot, spider, crawler, scraper, site search/retrieval application, a proxy or other manual or other automatic devices, method, process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You must not use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or network connected to the Service. You must not install computer viruses or other malware. You must not probe, scan, or test the vulnerability of our Service or any system or network.
- You must not “frame” or “mirror” any part of the Service without Hawaya’s prior written authorization.
- You must not use meta tags or code or other devices containing any reference to Hawaya or the Service (or any trademark, trade name, service mark, logo or slogan of Hawaya) to direct any person to any other website for any purpose.
- You must not modify, adapt, sub-license, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- You must not use or develop any third-party applications that interact with the Service or other users’ content or information without Hawaya’s prior written consent.
- You must not use, access, or publish any part of the Service’s application programming interface without Hawaya’s prior written consent.
- You must not encourage or promote any activity that violates this Agreement and/or all applicable laws and regulations.
- You must not express or imply that any statement you make is endorsed by Hawaya.
- When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
Hawaya may investigate and take any available action (including legal action) in the event of any suspected or actual unauthorized use of the Service, or against a user or Guardian who is suspected of having committed or has committed an offense.
5. Modification of the Service
As of the date of these terms and conditions and for the time being, the Guardian functionality is free.
We may add new product features or enhancements to our Service from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not notify before taking them. We may even suspend the Service entirely, in which case we will notify you in advance unless extenuating circumstances, such a safety or security concerns, prevent us from doing so.
6. Suspending or Closing your Guardian account
You may terminate or suspend your Guardian account in relation to any user at any time, for any reason, via the ‘Unsubscribe link’ available in each weekly email notification sent to you with the users’ conversation transcripts.
7. Termination or Suspension by a Hawaya user
A user may terminate or suspend your access to their communications any time, for any reason.
8. Termination or Suspension by Hawaya
HAWAYA PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
HAWAYA DOES NOT REPRESENT OR WARRANT THAT
(A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE,
(B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR
(C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. FURTHERMORE, HAWAYA MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
HAWAYA TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES HAWAYA TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY BE IN COMMUNICATION THROUGH HAWAYA. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. HAWAYA IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HAWAYA, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
(I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE GUARDIAN FUNCTIONALITY OR THE SERVICE,
(II) THE CONDUCTOR CONTENT OF OTHER USERS OR THIRD-PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR
(III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF HAWAYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HAWAYA’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE GUARDIAN FUNCTIONALITY OR THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO HAWAYA FOR THE SERVICE WHILE YOU HAVE A GUARDIAN ACCOUNT. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 10 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 10 MAY NOT APPLY TO YOU.
To the extent permitted under applicable law, you agree to indemnify, defend and hold harmless Hawaya, its affiliates and its respective employees, directors, and agents from and against all losses and damages arising out of third party claims, (including all professional advisers' fees and related legal costs and expenses), in relation to
(ii) any breach of this Agreement due to the applicability of any law, order or regulation. This indemnity will survive the expiration or termination of this Agreement, and is expressly made for the benefit of, and shall be enforceable by, Hawaya or its successors and assignees.
12. Mediation, Arbitration, Class-Action Waiver, and Jury Waiver.
12.1 Users based in the European Economic Area, Switzerland, and the United Kingdom The online dispute settlement platform of the European Commission is available underhttp://ec.europa.eu/odr. Hawaya does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the European Economic Area or Switzerland or the United Kingdom.
12.2 All other users not residing within the European Economic Area or Switzerland or the United Kingdom, to the extent not prohibited by applicable law:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures except as modified by our Arbitration Procedures (see below). The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceeds in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in the small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
You agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Hawaya (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Hawaya(except for small-claims court actions) may be commenced only in the federal or state courts located in Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
13. Governing Law
13.1 Users residing within the European Economic Area or Switzerland or the United Kingdom This Agreement, and any dispute between you and Hawaya, shall be governed by the exclusive jurisdiction of the laws of the Republic of Ireland, subject to mandatory laws and regulations in force in the country of residence of the user. The courts of Dublin, Ireland will have jurisdiction, if not otherwise required by the applicable consumer protection legislation in the country in which you reside.
13.2 All other users not residing outside the European Economic Area or Switzerland or the United Kingdom: Except where our arbitration agreement is prohibited by law, the laws of Texas, USA, excluding Texas’ conflict of law rules, will apply to any disputes arising out of or relating to this Agreement, the Guardian functionality or the Service. Notwithstanding the foregoing, the Arbitration agreement in section 12 above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
14. Entire Agreement; Other.
This Agreement constitutes the entire agreement between you and Hawaya regarding the use of the Guardian functionality. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Hawaya to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Guardian account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Hawaya in any manner.
This Agreement is made in the English language. As far as permissible under applicable laws, the English language version of this Agreement will prevail over any other local language version.
Annex 1 - Arbitration Procedures
Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears and decides the parties’ dispute. Arbitration proceedings are designed to provide parties with a fair hearing in a manner that is faster and less formal than court proceedings. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings involving you and Hawaya. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules (the “JAMS Rules”), as modified by these Arbitration Procedures. If there is any inconsistency between the JAMS Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the arbitrator determines that strict application of the Arbitration Procedures would not result in a fundamentally fair arbitration, the arbitrator may make any order necessary to provide a fundamentally fair arbitration that is consistent with the
Commencing an Arbitration. To commence an arbitration against Hawaya, you must complete a short form, submit it to JAMS, and send a copy to Hawaya at Match Group, Inc., PO Box 25458, Dallas, TX 75225. To learn more about commencing an arbitration and to obtain a form to institute arbitration, please visit the JAMS website and download the form available at:
Fees. You are responsible for paying your portion of the fees set forth in the JAMS’s fee schedule for consumer disputes. Hawaya will pay all remaining fees, except to the extent it is determined by the arbitrator that all or a portion of the remaining fees should be borne by you. If your claim against Hawaya is for less than $1,000, we will pay all fees, except to the extent it is determined by the arbitrator that all or a portion of the remaining fees should be borne by you. If you believe you cannot afford JAMS’s fee, you may apply to JAMS for a fee waiver.
Discovery. Each party may
(a) request relevant, non-privileged documents from the other party; and
(b) request that the other party provides the particulars of its claims or defenses. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution.