RippleAdz
Terms
and Conditions
These terms and conditions constitute an
Agreement (the “Agreement”) that governs the relationship between RippleAdz
(“RippleAdz”), a company registered in South Africa with company number
2017/406942/07, and any person (“Respondents”) that accesses the RippleAdz mobile application or website
(the “Sites”) made available by the company for the purposes of viewing Adverts
and participating in Surveys and Polls published on the Sites.
1.1
RippleAdz is
a marketing platform that provides unique advertising and surveying opportunity.
Marketing agencies, individuals and companies are able to place Adverts on the platform
after which Respondents are able to participate in Surveys and Polls regarding
placed Adverts. Respondents will be required to provide personal detail when
registering on the platform to enable the receipt of Adverts tailored to their
lifestyle and demographic. Respondents will, at the discretion of RippleAdz, be
incentivised to complete the survey or poll related to viewed adverts fully and
in accordance with the requirements of the survey and this Agreement. Incentives
may include direct financial rewards, entries to prize draws, or any other
alternative incentive which RippleAdz deems appropriate. All
financial Incentives shall be paid by RippleAdz to Respondents via the banking
wallet that is registered to the Respondent’s personal profile upon signing up
to the Sites, or such other method as permit by RippleAdz, within a reasonable
period of time after the completion of the relevant survey or poll. For this
purpose, Respondent’s accepting this Agreement will provide RippleAdz with the
relevant personal details that will allow the facilitation of any payments through
the banking wallet or other permitted method.
1.2
The
Respondent will be prompted to provide more information regarding products and
services that the Respondent use on a daily basis. Provision of this
information is vital to the operation of the platform, which intends to provide
marketing information to Advertisers and Marketeers. The provision of
incentives to the Responded and the Respondent’s continued participation on the
platform is depended on the provision of prompt and accurate information.
1.3
All personal
information pertaining to the Respondent will be processed in accordance with RippleAdz’s
Privacy Policy. The Respondent agrees to ensure that all data or information the
Respondent provides to RippleAdz shall be accurate and complete.
1.4 By watching
Adverts on the RippleAdz platform, and by participating in a survey or poll,
the Respondent acknowledges that the Respondent’s relevant information
regarding lifestyle and demographic, as well as feedback provided on surveys
and polls, may be provided to the Advertiser or Marketeer that has commissioned
the relevant Survey. The Respondent’s feedback
and personal information is vital for the establishment of demographic profiles
in order to provide the Respondent with specific adverts and information
regarding the Respondent’s needs and wants.
1.5 RippleAdz reserves the right at any time and
from time to time to, at RippleAdz sole discretion, modify, suspend, or
discontinue, temporarily or permanently, an advert, survey or poll, or the
Sites or any part thereof, or Respondent’s access to any of them, including
where an incentive has been offered.
1.6 Where the Respondent breaches any provision of this
Agreement, RippleAdz may declare any accumulated or offered Incentives due
to the Respondent as null and void, and prevent the Respondent from receiving
them.
1.7 The Respondent acknowledges and agrees that
RippleAdz is not obliged to maintain the availability of Adverts, Surveys or Polls.
RippleAdz will use reasonable endeavours to process a Respondent’s completed Surveys
and Polls, but may be prevented from doing so by matters beyond its control,
which events may result in the loss or deletion of, or failure to receive,
process, or store any of the Respondent’s content, including survey or poll
results or responses.
1.8 RippleAdz may, but is not obligated to, review
any Respondent and block or terminate access of any Respondent to
the RippleAdz Sites in its sole discretion after finding the Respondent
non-compliant with this Agreement.
2.1
The Respondent
acknowledges that there are two types of content material and information that
appear on the platform as facilitated by the Sites:
·
Content
material and Information owned by RippleAdz.
·
Content
material and Information owned by Advertisers or Marketeers.
The content
material and information are displayed, amongst other formats but not limited
to, as graphics, images, sound, videos and text.
2.2
The copyright,
trade mark and other intellectual property rights of the content material and
information on the Sites belong to RippleAdz, RippleAdz’s contributors
and licensors, and/or the Advertisers or Marketeers utilising the
platform. These parties all reserve their respective intellectual property
rights in the displayed content material and information.
2.3 The Respondent acknowledges that the content
material and information displayed in Adverts, as submitted to the platform
through the Sites, are the products, and responsibility, of Advertisers and Marketeers,
and that RippleAdz has taken all reasonable steps to ensure that such material
and information adhere to RippleAdz’s policy regarding content material and
information. It is therefore the Advertiser or Marketeer’s responsibility to
ensure that material does not:
2.3.1
infringe on anyone’s
copyright
2.3.2
infringe any
other rights, such as a trademark, of any person or entity or a duty owed to
any person or entity, such as a duty of confidentiality;
2.3.3
require the
payment of any royalty or other sum in connection with its use;
2.3.4
contravene any
applicable law (including, without limitation, any criminal law) or regulation;
2.3.5
include
anything that is false, inaccurate, misleading, offensive, abusive, threatening
or defamatory, or that might cause needless annoyance, inconvenience or
distress to any person;
2.3.6
contain any
computer virus, macro virus, Trojan horse, worm, or anything else designed to
interfere with, interrupt, or disrupt the normal operating procedures of a
computer or to surreptitiously intercept, access without authority, or
expropriate any system, data or personal information;
2.3.7
misrepresent
anyone’s identity in any way or impersonate any person;
2.3.8
include any
material containing personally identifying information about another person,
such as their name, address, phone number, or email address, except with the
demonstrable approval of that person;
2.3.9
contain
material which is pornographic, obscene, indecent or offensive, which promotes
discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age, or that may incite hatred or violence against any person or
group;
2.3.10 harass, upset, embarrass, alarm or annoy any
person;
2.3.11 give the impression that it emanates from or is
approved by RippleAdz;
2.3.12 advocate, promote or assist any unlawful act such
as (by way of example only) copyright infringement or computer misuse;
2.3.13 infringe any reasonable requirements which RippleAdz
may notify from time to time; or
2.3.14 interfere with the proper working of RippleAdz.
2.4
The
Respondent acknowledges RippleAdz provides a platform to companies and
individuals on which they may advertise and market various products and
services. Although RippleAdz takes every reasonable precaution to ensure the
quality and suitability of material posted on the RippleAdz platform, and will
make every endeavour to remove content that does not comply with section 2.3
above, it cannot be held responsible for inappropriate adverts and material.
2.5 The Respondent will not:
2.5.1
use any
technological devices such as spiders, robots or other automated data mining
techniques to catalogue, download, store or otherwise reproduce or distribute
content available on the Sites;
2.5.2
manipulate any
poll, survey or prize draws on the Sites;
2.5.3
take any
action to interfere with the Sites or any other user’s use of the Site,
including, without limitation, via means of overloading, “flooding”, “mail
bombing” or “crashing” the Sites;
2.5.4
send
unsolicited email, including promotions and/or advertising of products or
services; or
2.5.5
frame portions
of the Sites within another website or alter the appearance of the Sites.
The Intellectual Property
Rights in the Sites and advert Surveys and in the material that appears on the
platform are protected by global copyright laws and treaties and RippleAdz, and
RippleAdz licensees, reserve their respective Intellectual Property Rights in
the Sites and Surveys and no way assign them, or license them, to the
Respondent.
4.1
This Agreement
shall automatically become effective when the Respondent agrees to it or the
Respondent views and advert or participates in a survey or poll that is
governed by it.
4.2
RippleAdz may:
4.2.1 freeze the Respondent’s account with RippleAdz;
4.2.2 prevent the Respondent’s participation in current
and/or future Surveys and Polls; and/or
4.2.3 terminate the Respondent’s participation in Surveys
or Polls;
in the event that
Respondent breaches this Agreement or if RippleAdz ceases to be involved in the
provision of the Surveys or Polls.
4.3 In terms of clause 4.2, should such an event occur,
the Respondent shall immediately cease all use of the platform and acknowledges
and agrees that RippleAdz may, in its sole discretion, take any
measures RippleAdz reasonably deems necessary or desirable to prevent
further participation on the platform by the Respondent, inclusive of blocking the
Respondent’s User profile.
4.4 The Respondent acknowledges and agrees
that RippleAdz shall not be obliged to retain any Respondent information
of any kind, or to provide the same to the Respondent.
5.1
RippleAdz does
not intend to exclude liability to the Respondent where it would be unlawful to
do so. This includes liability for death or personal injury caused by RippleAdz’s
negligence or the negligence of RippleAdz’s employees, agents or
subcontractors; or for fraud or fraudulent misrepresentation.
5.2 The material contained in Surveys and Polls, or displayed
on the RippleAdz Sites, or otherwise supplied to the Respondent is provided
without any guarantees, conditions or warranties as to its accuracy. RippleAdz
does not warrant that the functions contained in the Sites or any materials or
content contained therein will be uninterrupted or error free, that defects
will be corrected, or that the Sites or the servers that deliver the Sites will
be corrected, or that the Sites or those servers are made available free of viruses
or other harmful components.
5.3 RippleAdz is not obliged to provide the Respondent
with Adverts to watch, Surveys and Polls to participate in, or contribute to,
and RippleAdz has the absolute right to exclude the Respondent from
participation in any Survey.
5.4 RippleAdz maximum liability to the Respondent in
respect of any activity the Respondent participates in on the platform is the
particular incentive that RippleAdz agrees to provide to the Respondent for
participation in that activity. Only activities properly and fully completed in
terms of the requirements of this Agreement and the requirements of the Sites will
qualify for such Incentives. Incentives will be subject to availability and
other qualifications that RippleAdz notify the Respondent of at the time of the
activity.
5.5 RippleAdz will not be liable to the Respondent if RippleAdz
is delayed in, or prevented from, complying with its obligations under this
Agreement by anything the Respondent should do or should have done, or as a
result of events or things that RippleAdz cannot reasonably control.
5.6 RippleAdz is not liable for business losses. RippleAdz
won’t have any liability to the Respondent for any loss of revenue (other than Incentives
owed to the Respondent) or profit, loss of business, business interruption, or
loss of business opportunity.
This Agreement (and any non-contractual obligations
relating to or connected with this Agreement) is governed by South African law.
The Respondent and RippleAdz each agree that the South African courts have the
jurisdiction for any disputes that arise in connection with this Agreement.
7.1
If any of
these terms of use are determined to be illegal, invalid or otherwise
unenforceable by reason of the laws of any state or country in which these
terms of use are intended to be effective, then to the extent and within the
jurisdiction in which that term is illegal, invalid or unenforceable, it shall
be severed and deleted from these terms of use and the remaining terms shall
survive and continue to be binding and enforceable.
7.2 Any waiver by RippleAdz of any of the Respondent’s obligations
in terms of this agreement, or any failure to insist upon strict compliance
with any obligation shall not operate as a waiver of, or estoppel with respect
to any subsequent or other failure of the Respondent.
The Respondent may not assign this Agreement
without RippleAdz’s prior written consent, which may be withheld in RippleAdz’s
sole discretion. RippleAdz may assign this Agreement at any time to
the successor in interest in connection with a merger, consolidation or for any
corporate reorganisation of RippleAdz, but will not do so in such a way as
to reduce any guarantees the Respondent are given under this Agreement.
This Agreement is intended to contain the entire
agreement between RippleAdz and the Respondent. It replaces all earlier
agreements and understandings between the parties, except for any fraud or
fraudulent representation by either party.
10.1
RippleAdz may
make changes to the Sites, Content Material and Incentives at any time at its
sole discretion.
10.2 RippleAdz may revise the terms of this
Agreement from time to time and will post the new version of the Agreement on
the relevant parts of the Sites, and the new version will take effect from the
date RippleAdz specifies for that new version.
10.3 All notices and other communications required, or
permitted, to be given by RippleAdz to the Respondent under this
Agreement will be deemed to be properly given on the date when the
communication is:
10.3.1 posted on the Sites; or
10.3.2 sent by email to the email address for Respondent
last recorded by RippleAdz.
10.4
The Respondent
may give notices to RippleAdz under this Agreement by email to info@rippleadz.com
10.5 Where the Respondent has not participated in a
survey for over 90 days, RippleAdz may declare any accumulated or offered Incentives
due to the Respondent as null and void, and prevent the Respondent from
receiving them.
The Respondent is only
allowed one profile on the platform. The Respondent is not allowed to use another
person’s personal information in order to register more profiles on the
platform. Should the Respondent commit fraud with the personal information of
another person, this will lead to immediate ejection from the platform without
any compensation. A criminal charge will be filed against the Respondent for
prosecution of this crime
The relationship between
RippleAdz and the Respondent is one of facilitator and participant. No aspect
of this relationship will lead to any legal rights and obligations between the
parties other than that which is described in this Agreement.
13.1 On registering on the RippleAdz
Sites the Respondent will be prompted to open a wallet account from the banking
platform. This will require the Respondent to FICA the account in order to
receive RippleAdz incentives for participation in the network activities. The RippleAdz
wallet account functions as a normal bank account in that:
13.1.1 the Respondent can transfer funds
from the RippleAdz wallet to any external account held with another bank.
13.1.2 the Respondent can transfer funds
internally from one wallet to another.
13.1.3 the Respondent can withdraw funds
from any ATM or at participating retailers.
13.1.4 the Respondent can make payment
at a till point at participating retailers.
13.1.5 the Respondent can leave money in
the wallet for future use.
13.2 There are limitations and charges
associated with the RippleAdz wallet account in that:
13.2.1 The Respondent can only withdraw
funds once the minimum value of funds in the wallet reaches R50.00 (Fifty
Rand).
13.2.2 The Respondent will be charged a
R5.00 (Five Rand) withdrawal or transfer fee when a transaction does take place.
13.2.3 The Respondent will be charged a
monthly R5.00 (Five Rand) administration fee for the RippleAdz wallet account.
14.1 RippleAdz will obtain, use and
disclose the Respondent’s personal information in accordance with the
requirements of the Protection of Personal Information Act (“POPIA”). RippleAdz
is committed to protect privacy and to ensure that personal information is
collected and used properly, lawfully and transparently.
14.2 RippleAdz will collect and
process the Respondent’s personal information, as well as survey and poll feedback,
mainly to provide Advertisers and Marketeers with insight into the demographics
of persons that react to their adverts, and to enable Advertisers and
Marketeers to send the Respondents adverts aligned to their interests and
needs. For this purpose, RippleAdz will collect the information required when
signing up on the RippleAdz Sites.
14.3 RippleAdz will collect
information directly from the Respondent as the Respondent signs up on the
Sites. RippleAdz will not collect this information from third parties. Where
possible, RippleAdz will inform the Respondent what information is compulsory, and
what information is optional.
14.4 RippleAdz will use the
Respondent’s personal information only for the purposes for which it was
collected and as agreed with the Respondent in the Agreement (Terms and
Conditions). In addition, where necessary, the Respondent’s information may be
retained for legal or research purposes. The Respondent’s information may be
used for:
14.4.1 To gather contact information;
14.4.2 To confirm and verify the
Respondent’s identity or to verify that the Respondent is an authorised user
for security purposes;
14.4.3 For the detection and prevention
of fraud, crime, money laundering or other malpractice;
14.4.4 To conduct market or customer
research or for statistical analysis;
14.4.5 For audit and record keeping
purposes;
14.4.6 In connection with legal
proceedings.
14.5 RippleAdz may disclose the
Respondent’s personal information to the Advertisers and Marketeers who are
involved in the placement of adverts, surveys and polls and who provide the
incentives for the platform. RippleAdz have agreements in place to ensure that the
parties with whom information is shared comply with the privacy requirements as
required by the Protection of Personal Information Act. RippleAdz will ensure
that anyone to whom RippleAdz passes the Respondent’s personal information
agrees to treat the Respondent’s information with the same level of protection
as RippleAdz is obliged to.
14.6 RippleAdz may also disclose the Respondent’s
information:
14.6.1 Where RippleAdz have a duty or a
right to disclose in terms of law or industry codes;
14.6.2 Where RippleAdz believe it is
necessary to protect its rights.
14.7 RippleAdz will provide adequate
protection for the personal information RippleAdz holds and to stop
unauthorized access and use of personal information. RippleAdz will, on an
on-going basis, continue to review security controls and related processes to
ensure that the Respondent’s personal information remains secure.
14.8 The Respondent has the right to
request a copy of the personal information RippleAdz hold about the
Respondent’s. To do this the Respondent may contact RippleAdz as provided for on
the Sites and specify what information the Respondent requires. RippleAdz will
need a copy of the Respondent’s ID document to confirm the Respondent’s
identity before providing details of the Respondent’s personal information.
14.9 The Respondent has the right to
ask RippleAdz to update, correct or delete the Respondent’s personal
information. RippleAdz will require a copy of the Respondent’s ID document to
confirm the Respondent’s identity before making changes to personal information
RippleAdz may hold about the Respondent’s.
14.1 The Respondent’s use of the
RippleAdz Sites and platform is entirely at the Respondent’s own risk and the
Respondent assumes full responsibility for any risk or loss resulting from such
use or reliance on any information on the Platform.
14.2 Whilst RippleAdz takes reasonable
measures to ensure that the content of the platform is accurate and complete,
RippleAdz makes no representations or warranties, whether express or implied,
as to the quality, timeliness, operation, integrity, availability or
functionality of the platform, or as to the accuracy, completeness or
reliability of any information on the platform.
14.3 RippleAdz disclaims liability for
all damage, loss or expense, whether direct, indirect or consequential in
nature, arising out of or in connection with Respondent’s access to or use of
the Platform and/or any content therein, unless otherwise provided by law.
14.4 Any views or statements made or
expressed on the Platform are not necessarily the views of RippleAdz Goods, its
directors, employees and/or agents.
14.5 In addition to the disclaimers
contained elsewhere in these Terms and Conditions, also makes no warranty or representation,
whether express or implied, that the information or files available on the
Platform are free of viruses, spyware, malware, trojans, destructive materials
or any other data or code which is able to corrupt, destroy, compromise,
disrupt, disable, harm, jeopardise or otherwise impede in any manner the
operation, stability, security functionality or content of a Respondent’s
computer system, computer network, hardware or software in any way. Respondents
accept all risk associated with the existence of such viruses, destructive
materials or any other data or code which is able to corrupt, compromise,
jeopardise, disrupt, disable, harm or otherwise impede in any manner the
operation or content of a computer system, computer network, any handset or
mobile device, or a Respondent’s hardware or software, save where such risks
arise due to the gross negligence or wilful misconduct of RippleAdz, its
employees, agents or authorised representatives. RippleAdz thus disclaims all
liability for any damage, loss or liability of any nature whatsoever arising
out of or in connection with Respondent’s access to or use of the Platform.