1. Who we are
Blue Heart Circle (the “Platform”, “we”, “us”, “our”) is operated by UPMRKT T/A Blue Heart Circle, a company registered in South Africa under registration number CK/2003/079981/23, with its registered address at 5 Mountain Road, Heatherlands, George, Western Cape, 6529. You can contact us at support@blhrt.net.
These Terms of Service (“Terms”) govern your access to and use of the Platform, including the website at blueheartcircle.com, the member and community dashboards, and all related services (together, the “Services”).
2. Definitions
- Community (also referred to as an Initiative), any group, brand, organisation, club, cause, charity, neighbourhood watch, association or other initiative that uses the Platform to verify members and collect subscription, membership or contribution payments.
- Community Owner (“Owner”), the person or entity that operates a Community on the Platform.
- Member, a business or individual who subscribes within a Community and is issued a Verified ID.
- Verified ID, a unique reference confirming that a Member holds an active, paid subscription within a Community at a given time.
- Subscription, a recurring payment a Member makes to a Community through the Platform.
- Platform Fee, the percentage of each payment we retain for providing the Services.
3. Acceptance and eligibility
By creating an account, onboarding a Community, subscribing as a Member, or otherwise using the Services, you agree to these Terms. If you are using the Services on behalf of an organisation, you confirm you are authorised to bind that organisation. You must be at least 18 years old and legally able to enter into a contract.
4. The service
The Platform lets Community Owners create a public join page, define subscription plans, verify members, and receive payments. It lets Members subscribe, obtain a Verified ID, and manage their subscription. We provide the technology that facilitates these transactions; we are not a party to the underlying relationship between a Community and its Members, except as set out in these Terms.
5. Accounts
You are responsible for the accuracy of the information you provide and for keeping your login credentials secure. You must notify us promptly of any unauthorised use of your account. We may refuse, suspend, or remove accounts that breach these Terms.
6. Fees and payments
Payments are processed by our third-party payment provider, PayFast. We do not store full card details. We retain a Platform Fee of 15% of each Member payment; the remainder is settled to the Community Owner, either instantly (where the Owner has connected their own payment account) or on a scheduled payout, as configured for that Community.
Where we are registered for Value-Added Tax, our Platform Fee is inclusive of VAT at the prevailing rate. Community Owners are responsible for their own tax obligations, including any VAT on the amounts they receive from Members.
7. Subscriptions, billing and renewals
Subscriptions renew automatically at the interval shown at sign-up until cancelled. By subscribing, a Member authorises recurring charges to their chosen payment method. We will attempt to collect payment on each renewal date; if a payment fails, the subscription may be placed on hold and the associated Verified ID may become inactive until payment succeeds.
8. Cancellations and refunds
Memberships are recurring and may be cancelled at any time. Cancellation stops all future renewals. The Verified ID remains active until the end of the period already paid for, and then becomes inactive. Payments already made are not refunded. Members are not charged again after cancelling.
In rare genuine cases (for example a duplicated charge), a goodwill refund may be made at the discretion of the Community Owner and/or the Platform, handled directly through the payment provider. Nothing in this clause limits any right you may have under the Consumer Protection Act. Memberships are cancel-anytime. Future billing stops on cancellation and the Verified ID stays active until the end of the period already paid for. Payments already made are not refunded.
9. Community owner obligations
Community Owners must: provide accurate business and banking details; only verify Members who genuinely meet the Community's criteria; not misrepresent what a Verified ID means; comply with all applicable laws, including consumer-protection and tax laws; and handle Member personal information in line with our Privacy Policy and POPIA.
10. Acceptable use
You may not use the Services to: break any law; defraud or mislead; infringe others' rights; upload harmful or unlawful content; attempt to gain unauthorised access; or use the Verified ID system to imply an endorsement or guarantee we do not provide.
11. What a Verified ID means (and does not)
A Verified ID confirms only that, at the relevant time, the Member held an active paid subscription within the Community. It is not an endorsement, accreditation, background check, or guarantee of the Member's conduct, quality, or legitimacy by us. Communities and the public should not rely on a Verified ID as anything more than proof of active membership.
12. Intellectual property
The Platform, its software, branding, and the #FollowTheBlueHeart marks are owned by us or our licensors. We grant you a limited, non-exclusive, non-transferable right to use the Services in accordance with these Terms. You retain ownership of the content you submit, and grant us the licence needed to operate the Services.
13. Third-party services
The Services rely on third parties including our payment provider, email provider, and hosting infrastructure. Your use of those services may be subject to their own terms. We are not responsible for the acts or omissions of third parties.
14. Disclaimers and limitation of liability
The Services are provided “as is” and “as available”. To the maximum extent permitted by law, we exclude implied warranties and are not liable for indirect or consequential loss. Nothing in these Terms limits liability that cannot be limited by law, including under the Consumer Protection Act. Our total liability arising from the Services is limited to [liability cap, to be confirmed by legal review].
15. Suspension and termination
You may stop using the Services at any time. We may suspend or terminate access if you breach these Terms, if required by law, or to protect the Platform or its users. On termination, your right to use the Services ends; provisions that by their nature should survive will survive.
16. Changes to these Terms
We may update these Terms from time to time. We will post the updated version with a new effective date and, where the changes are material, take reasonable steps to notify you. Continued use after changes take effect constitutes acceptance.
17. Governing law and disputes
These Terms are governed by the laws of the Republic of South Africa. The parties submit to the jurisdiction of the South African courts. Before litigation, the parties will attempt in good faith to resolve any dispute, including, where appropriate, through the dispute mechanisms available under the Consumer Protection Act.
18. Contact
Questions about these Terms can be sent to support@blhrt.net, or by post to 5 Mountain Road, Heatherlands, George, Western Cape, 6529.