Terms of Service

Heart Network Inc.("we," "us" or, “PEACH) operate the website peachtheapp.com and the mobile app “PEACH ("Websites") which provide an interactive way for users to explore other like-minded people via content sharing and in app messaging(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"). The terms "you", "your" and "yourself" each means the person who accesses the Service whether or not such person is a paid member.
  1. Acceptance of Agreement
    1. By creating an account on our Service, (whether free or paid, through the PEACH app or through our website) you, as a user, apply to become a registered member of our Service and agree to be bound by these Terms.
    2. This Agreement is a legal contract made between you and us. Your use of the Service (whether or not you are a paid member) will be governed by these Terms and our Privacy Policy, and in the case of the use of the Service through the PEACH mobile application, the End User License Agreement for Mobile Devices.
    3. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT COMPLETE THE REGISTRATION PROCESS OR USE OR ACCESS THE SERVICE. WE RESERVE THE RIGHT TO MAKE CHANGES ON REASONABLE GROUNDS TO THESE TERMS AT ANY TIME, AND ANY SUCH CHANGES WILL BE POSTED ON OUR WEBSITE. YOU WILL BE GIVEN REASONABLE TIME TO ACCESS, READ AND CONSIDER ANY CHANGES. YOUR CONTINUED USE OF OUR SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. YOU ARE RESPONSIBLE FOR REVIEWING OUR WEBSITES REGULARLY TO OBTAIN TIMELY NOTICE OF ANY SUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS, AS AMENDED AND UPDATED FROM TIME TO TIME, DO NOT CONTINUE TO USE OR ACCESS THE SERVICE. YOU CAN TERMINATE THIS AGREEMENT IMMEDIATELY ON NOTICE TO US WITHOUT PENALTY IF YOU DO NOT AGREE WITH THE UPDATED TERMS.
  2. Eligibility:
    1. In order to create an account and use our Service, you must meet the following requirements:
      1. You are at least 18 years old,
      2. You are able to form a legally binding contract,
      3. You have never been convicted of a violent or sexually related criminal offense in any country and/or are not required to register as a sex offender with any government entity,
      4. You have never been banned from using our Service.
    2. By registering as a member, you warrant to us that you comply with all of these requirements. If you breach this warranty, without limitation to our other rights and remedies, we are entitled to terminate this Agreement under section 9 below.
    3. We do not currently conduct criminal background screenings on our members. 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. By agreeing to these Terms, you hereby authorize any check.
    4. We endeavor to employ staff to monitor profiles and photos but are under no obligation to do so. Without limiting any other remedies available to us (including our rights to terminate in section 9 below), WE RESERVE THE RIGHT AT ANY TIME TO SUSPEND OR REMOVE YOUR PROFILE AND ANY CONTENT YOU SUBMIT FROM OUR SERVICE AT OUR SOLE DISCRETION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF WE DO REMOVE YOUR PROFILE AND/OR ANY CONTENT YOU SUBMIT WE WILL NOT BE LIABLE TO YOU IN ANY WAY.
  3. Safety
  4. As our Service is Internet-based, there are risks of members misrepresenting themselves or presenting themselves under false pretenses. This includes misrepresentations about age, gender, marital status or any other attribute which we ask the member to provide. These risks are not unusual for the type of Service we provide; members of dating websites have been the victims of fraudulent scams and you are responsible for protecting yourself against persons who attempt to defraud you or mislead you using the Service.
    1. To prevent yourself from becoming a victim of a fraudulent scam, you are responsible for taking all measures to protect yourself against persons who attempt to defraud you or mislead you using the Service. We are unable to confirm that every member using our Service is who they say they are. You must therefore exercise caution when dealing with all other members.
    2. YOU MAKE CONTACT WITH OTHER MEMBERS ENTIRELY AT YOUR OWN RISK. YOU ARE LEGALLY RESPONSIBLE FOR YOUR OWN ACTIONS. YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS MADE BY YOU OR OTHER MEMBERS INCLUDING, WITHOUT LIMITATION, MEMBERS THAT HAVE REGISTERED UNDER FALSE PRETENSES AND/OR THIRD PARTY ACCESS TO YOUR ACCOUNT THAT RESULTS FROM THEFT OR MISAPPROPRIATION OF YOUR USERNAME(S) OR PASSWORD(S). THOUGH WE MAKE EVERY EFFORT TO ENSURE OUR SERVICE IS SAFE AND FREE FROM FRAUDULENT ACTIVITY, WE ARE NOT RESPONSIBLE FOR ENSURING MEMBERS COMPLY WITH OUR TERMS.
    3. It is possible that members from other countries will access this service. It may not be practically possible for us to enforce our Terms 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.
    4. We may be requested to assist in any prosecutions or other proceedings brought by members or third parties against other members and will do so if required by law and may do so if we believe a member has breached our Terms. You agree to us providing such assistance, including the release of any relevant information we may hold about you.
    5. We reserve the right to decline to register without entering into further discussions with you, or to suspend your membership if we believe on reasonable grounds that you are in breach of these Terms.
  5. Code of Conduct
  6. Our Service is intended for use in a number of countries, including in the United States. You agree to comply with all applicable laws when using our Service and dealing with other members. This includes compliance with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Service, you represent that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Service are prohibited. Registration for, and use of the Service are void where prohibited. You are responsible for determining whether the use of the Service is legal for your jurisdiction.
    1. By using our Service, you agree to comply with the following:
      1. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
      2. You must not enter any contact or identifying information in your profile. This includes, but is not limited to, your email address, phone number or physical address.
      3. You must not disclose any details of any other members or disclose personal information of others through the PEACH messaging system or otherwise.
      4. You must provide accurate information regarding your identity when you register to become a member and use the Service and you must not use the Service under false pretenses.
      5. You must not communicate with, or attempt to communicate with, any person who has indicated that he or she does not wish to communicate with you or to continue to communicate with you.
      6. You must not interfere with or damage our Service, including, without limitation, through the use of viruses, registration bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents.
    2. If you breach these provisions, we may terminate your membership and your access to the Service for breach in accordance with section 9 of these Terms. Upon request by us, you agree to provide any further information to verify your identity and the accuracy of the personal information that you have provided. If you do not provide sufficient information for our verification purposes, we may terminate or suspend your membership or access to the Service in accordance with section 9.
  7. User Content
    1. By submitting any content (including without limitation, your photograph) to our Service, you represent and warrant to us that the content, including your photograph, is posted by you and that you are the exclusive owner of the content, including your photograph, or are otherwise licensed to use and sub-license the content and use of your content by us will not infringe or violate the rights of any third party. By submitting any content (including without limitation your photograph) to our Service, you automatically grant, and you represent and warrant that you have the right to grant, to us, and our licensees, affiliates and successors, a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, and modify such content or incorporate into other works such content, and to grant and to authorize sub-licenses of the foregoing.
    2. WE ARE NOT RESPONSIBLE FOR ANY PROFILE OR OTHER CONTENT POSTED OR ENTERED ON OUR WEBSITES. You are solely responsible for any content that you submit, post or transmit via our Service. You agree not to include any identifying information or illegal or unlawful information in your profile. You also agree not to post or submit any content that:
      1. is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      2. harasses or advocates harassment of another person;
      3. exploits people in a sexual or violent manner;
      4. contains excessive violence, or offensive subject matter;
      5. solicits personal information from anyone under 18;
      6. publicly posts information that poses or creates a privacy or security risk to any person;
      7. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory;
      8. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
      9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming" or unsolicited electronic commercial messages;
      10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
      11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
      12. solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
      13. involves commercial activities and/or sales without prior written consent from us such as contests, sweepstakes, barter, advertising, or pyramid schemes;
      14. includes a photograph or video of another person that you have posted without that person's consent; or
      15. violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
    3. The foregoing is a partial list of the kind of content that is illegal or prohibited on our Service. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this Section 5 or any other provision of these Terms, including without limitation, removing the offending communication from our Service, terminating the violator's membership and access to the Service (in accordance with section 9) and contacting and disclosing information to the relevant authorities.
    4. We have no obligation to post any content that you or anyone else submits. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to monitor, delete, move, or edit messages or materials, including without limitation advertisements, profiles, public postings and messages, that we, in our sole discretion, deem to violate these Terms or any applicable content guidelines, or to be otherwise unacceptable.
    5. YOU SHALL BE SOLELY RESPONSIBLE FOR THE CONTENT OF PROFILES, PUBLIC POSTINGS, MESSAGES AND OTHER MATERIALS YOU MAY UPLOAD TO THE SERVICE. WE CANNOT GUARANTEE, AND ASSUME NO RESPONSIBILITY FOR, VERIFYING THE ACCURACY OF THE INFORMATION PROVIDED BY OTHER USERS OF THE SERVICE.
    6. 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 PEACH 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.
  8. Premium Subscriptions and Free Trial
    1. By downloading and using our Service and creating a free account, you become a Basic member after the Registration Process is complete. As a Basic member, you are entitled to access a minimal level of our Service’s features without any charge for these features. These features however, are subject to change, and we reserve the right to make changes and updates to the features as and when required.
    2. If you want unlimited access to all the features available on our Service, you can purchase a Premium subscription. A premium subscription allows Basic members to upgrade their memberships to Full (Premium) status and provides you with access to additional features of the Service that are not available to Basic members.
    3. As a basic member, you have the option to purchase a Premium subscription at any time, and also have the option to cancel your Premium subscription and return to a basic membership at any point.
    4. PREMIUM SUBSCRIPTIONS AUTOMATICALLY RENEW, AND YOU ENTER INTO THIS AGREEMENT ACKNOWLEDGING THAT IF YOU PURCHASE A PREMIUM SUBSCRIPTION IT WILL AUTOMATICALLY RENEW AT THE END OF EVERY PERIOD UNLESS YOU CANCEL IT THROUGH YOUR ITUNES OR GOOGLE PLAY ACCOUNT, OR IF YOU HAVE PAID FOR YOUR SUBSCRIPTION THROUGH CREDIT CARD, REMOVING YOUR CREDIT CARD FROM YOUR ACCOUNT WILL STOP AUTO-RENEWAL CHARGES.
    5. IF YOU CHOOSE TO PURCHASE A SUBSCRIPTION, YOUR PREMIUM SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH PERIOD UNLESS AUTO-RENEWAL IS TURNED OFF OR THE SUBSCRIPTION IS CANCELLED AT LEAST 24 HOURS PRIOR TO THE END OF THE CURRENT PERIOD.
    6. Upon subscription to a Premium account, payment will be charged to your iTunes or Google Play account or your registered credit card immediately, and will continue to be charged for renewal unless cancelled. Auto renewal can be turned off at any time through adjusting your settings in the iTunes or Google Play store, or by removing your credit card after purchase after purchase.
  9. Cancellations and Refunds
    1. Cancellation:
      You may cancel your account at any time, subject to the terms of this agreement. However, if you do not wish to continue being charged, you must cancel your account at least 24 hours prior to the end of the current period. There is no additional cancellation fee. TERMINATION OF YOUR ACCOUNT OR UNINSTALLING THE SERVICE WILL NOT CANCEL A SUBSCRIPTION.
    2. Refunds:
      ALL CHARGES FOR PURCHASES ARE NON-REFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Exception may be made if the laws applicable in your jurisdiction provide for refunds.
  10. Account information and Data Deletion
    1. Username and password:
      YOU ARE RESPONSIBLE FOR KEEPING YOUR PASSWORD SECRET AND SECURE. WE ARE NOT RESPONSIBLE FOR THIRD PARTY ACCESS TO YOUR ACCOUNT THAT RESULTS FROM THEFT OR MISAPPROPRIATION OF YOUR USERNAME(S) OR PASSWORD(S). Without limiting the foregoing, you agree that:
      1. You will not permit any other person to use your user name and password.
      2. You will not disclose, or provide to any other person, your password.
      3. You will immediately notify us of any unauthorized use of your username and password or any other breach of security.
      4. You will ensure that you log off from your account at the end of each session.
      5. You acknowledge and agree that you are responsible for all use of the Service under your user name and password.
    2. Account Deletion:
      You have the right to terminate your account if you do not wish to use our service any longer. You may delete your account any time you wish by choosing the option to ‘Delete Account’ in your profile settings. This will remove your profile and delete all your information from our Service. IF YOU CHOOSE TO DELETE YOUR ACCOUNT, YOUR PROFILE AND ALL YOUR MATCHES AND MESSAGES WILL BE DELETED. IF YOU DO NOT WISH FOR YOUR PROFILE, MATCHES AND MESSAGES TO BE DELETED, DO NOT DELETE YOUR ACCOUNT. IF YOU DELETE YOUR ACCOUNT YOU WILL BE UNABLE TO GET YOUR INFORMATION BACK SHOULD YOU WISH TO RETURN TO USING OUR SERVICE.
    3. Pausing Account:
      You may also temporarily ‘Pause’ your account if you would like to take a break from our Service but wish to keep your profile, matches and messages. This will allow you to be ‘hidden’ from our service and prevent new users from viewing your profile, matching with you and/or sending you messages. However, users you have previously matched with or messaged will still be able to view your profile and/or send you messages, and you will be able to send messages to users you are matched with. IF YOU CHOOSE TO PAUSE YOUR ACCOUNT, YOUR ACCOUNT WILL BE HIDDEN FROM THE ‘MATCH SCREEN’ AND YOUR PROFILE WILL NOT BE VISIBLE TO NEW USERS. THIS WILL PREVENT YOU FROM MAKING ANY NEW MATCHES UNTIL YOU DECIDE TO TAKE YOUR ACCOUNT OFF PAUSE. If you decide to remove your account from pause and resume using our Service, your profile will be ‘active’ once more on the match screen and you will be visible to new users. CHOOSING TO ‘PAUSE’ YOUR ACCOUNT WILL NOT DELETE YOUR ACCOUNT FROM OUR SERVICE. IF YOU WISH TO PERMANENTLY REMOVE YOUR ACCOUNT FROM OUR SERVICE, CHOOSE THE OPTION TO ‘DELETE ACCOUNT AND NOT ‘PAUSE ACCOUNT’.
  11. Termination
    1. We reserve the right, and may exercise our right to terminate your membership, this Agreement and your access to our Service if:
      1. you breach these Terms;
      2. we consider (in our sole discretion) that you have violated or are likely to violate any applicable laws;
      3. a serious complaint or multiple complaints are received about you from any person;
      4. you impersonate another member or person; or
      5. we, in our sole discretion, deem your behavior whilst using the Service or in connection with your use of the Service, to be unacceptable.
    2. YOU AGREE THAT ANY TERMINATION OF YOUR MEMBERSHIP AND ACCESS TO OUR SERVICE BY US UNDER THESE TERMS PURSUANT TO SECTION 9.1, MAY BE EFFECTED WITHOUT PRIOR NOTICE, AND ACKNOWLEDGE AND AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE ANY OF YOUR ACCOUNTS AND ALL RELATED INFORMATION AND FILES IN SUCH ACCOUNTS AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES OR OUR SERVICE. Members who have registered under multiple aliases will have all of their aliases disabled. FURTHER, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COSTS OR DAMAGES OF ANY KIND FOR OR RESULTING FROM ANY SUCH TERMINATION OF YOUR MEMBERSHIP OR ACCESS TO OUR SERVICE.
    3. You may terminate your access to the Service at any time via our Websites or by sending us written or email notice of termination or other such method as required in your jurisdiction. IN THE EVENT THAT YOU TERMINATE THIS AGREEMENT, YOU WILL NOT BE ENTITLED TO ANY REFUND OF UNUSED SUBSCRIPTION FEES, unless you are terminating pursuant to section 6.1 or due to a change to these Terms that you do not accept.
  12. Links, Advertisements and Non-Commercial Use
    1. Our Service may occasionally contain links and advertisements to third party websites, companies and products. These links and advertisements are provided solely as a convenience to you and not as an endorsement of the contents, value, quality, safety, products, or accuracy on such third-party websites.
    2. We are not responsible for the content, value, quality, safety, products or accuracy of linked third-party websites, companies and products; and do not make any representations regarding the content, value, quality, safety, products, or accuracy of materials on such third party websites. If you decide to access, use, or purchase from linked third-party websites, companies or products, you do so at your own risk.
    3. Our Service is for personal use only and must not be used in connection with any commercial purposes. Organizations, companies, and/or businesses must not use our Service for any purpose.
    4. You must not use the PEACH messaging system for the discussion of competing services or any illegal or unlawful activity including, but not limited to prostitution and/solicitation, collecting user names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to our Service. USE OF OUR SERVICE IS WITH OUR PERMISSION, WHICH MAY BE REVOKED AT ANY TIME, FOR ANY REASON, IN OUR SOLE DISCRETION.
  13. Disclaimer
    1. You expressly understand and agree that: YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. PEACH EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES, EITHER EXPRESSED EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
    2. PEACH makes no representation, warranty or guarantee, to the maximum extent permitted by law, that
      1. our Service provided will be uninterrupted, timely, secure, or error free,
      2. the information provided on our Websites is error-free or reliable,
      3. the quality of any products or services obtained through our Service will meet your requirements, or
      4. members are who they say they are.
    3. YOU DO NOT ENTER INTO THIS AGREEMENT IN RELIANCE ON ANY REPRESENTATION, WARRANTY, GUARANTEE OR OTHER TERM, EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS.
    4. No advice or information that is obtained by you from PEACH or otherwise shall create any representation, warranty or guarantee not expressly stated in these Terms.
    5. Responsibility for the content of advertisements appearing on our Service (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on our Service does not constitute our recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any and all representations made in connection with its advertisement.
    6. You understand that we may not be able to provide matches for everyone seeking to use our Service. 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.
  14. Limitation of Liability
  15. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW:
    1. Neither party shall be liable to the other under any circumstances for any indirect, incidental, special, consequential or exemplary loss or damages, including but not limited to damages for loss of profit, goodwill, use, data, or other intangible losses that result from the Service, or the inability to access the Service.
    2. PEACH shall not be liable for the cost of procurement of substitute goods or services resulting from services provided by PEACH.
    3. PEACH shall not be liable for the conduct or statements of members or third parties in relation to the Service.
  16. Indemnity
  17. YOU AGREE TO INDEMNIFY PEACH FULLY FROM AND AGAINST ALL CLAIMS, LIABILITY, LOSS, COSTS AND EXPENSES (INCLUDING THE FULL AMOUNT OF LEGAL COSTS) INCURRED OR SUFFERED BY PEACH IN RESPECT OF OR IN CONNECTION WITH:
    1. information contained in your profile;
    2. any material, including (without limitation) photos and messages, you post to or enter on our Websites or using the Service;
    3. your communications with or behavior towards other members;
    4. any death, personal injury or damage to property you may cause;
    5. your breach of these Terms or any applicable laws.
  18. General Provisions:
    1. System integrity:
      PEACH will use its reasonable endeavors to ensure the availability of our Service, subject to any downtime required for maintenance. However, to the maximum extent permitted by law, PEACH takes no responsibility for any system unavailability, or for any loss that is incurred as a result of our Service being unavailable. Further, to the maximum extent permitted by law, PEACH assumes no responsibility for the corruption of any data or information held by PEACH.
    2. Resolution of disputes:
      1. As PEACH is not a party to any dispute between you and another member, you agree:
        (1)not to involve, or attempt to involve, PEACH in any dispute or in the resolution of disputes that arise between you and another member as a result of our Service provided; and
        (2)not to use our Service to engage in or attempt to resolve the dispute.
      2. You acknowledge that neither you nor us, will bring nor participate in any class action or other class proceeding in connection with any dispute with the other party. Further, neither you nor we agree to class arbitration or any arbitration where a person brings a dispute as a representative of the other person.
    3. Force Majeure:
      We have no liability for any lack of performance, unavailability or failure of our Service, or for any failure on our part to comply with these Terms where the same arises from any cause reasonably beyond the control of PEACH.
    4. No Waiver:
      If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.
    5. Partial Invalidity:
      If any provision of these Terms become or are held to be invalid, unenforceable or illegal for any reason and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
    6. Intellectual Property Rights:
      PEACH owns all intellectual property rights and other proprietary rights in our Websites (including text, graphics, logos, icons and sound recordings but excluding member content) and the software and other material underlying and forming part of our Service and our Websites. You may not without our prior written permission, in any form or by any means:
      1. adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of our Website; or
      2. commercialize, copy or on-sell any information or items obtained from any part of our Website.
    7. Entire agreement:
      These Terms, our privacy policy and the code of ethics supersede all previous conditions, understandings, commitments, agreements and representations whatsoever, whether oral or written; and constitutes the entire agreement between the parties relating to the subject matter of these Terms.
    8. Privacy:
      Please refer to our privacy policy.
    9. Emails and newsletters:
      We will send you emails relating to your membership, changes to these Terms or the End User Licence Agreement for the Mobile Application, transactions and other activities on our Websites, and for promoting and marketing other PEACH products and services to you. We may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
    10. Acknowledgement:
      You represent and warrant that you:
      1. are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a 'terrorist supporting' country; and
      2. are not listed on any US Government list of prohibited or restricted persons.
    11. If you have any questions or concerns about our terms and conditions, the services of our Website, you may contact a representative of our company by emailing us at hearttechincorporation@gmail.com