RippleAdz

Terms and Conditions

These terms and conditions constitute an Agreement (the ďAgreementĒ) that governs the relationship between RippleAdz (ďRippleAdzĒ), a company registered in South Africa with company number 2017/406942/07, and any person (ďRespondentsĒ) that accesses the RippleAdz mobile application or website (the ďSitesĒ) made available by the company for the purposes of viewing Adverts and participating in Surveys and Polls published on the Sites.

 

1.         Provision of the Platform and Responding to Surveys and Polls

 

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 Respondentís 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, Respondentís 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 Respondentís 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 RippleAdzís 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 Respondentís 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 Respondentís 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 Respondentís 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 Respondentís 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 Respondentís 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 Respondentís 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.         Sites Content

 

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, RippleAdzís 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 RippleAdzís policy regarding content material and information. It is therefore the Advertiser or Marketeerís responsibility to ensure that material does not:

2.3.1         infringe on anyoneís 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 anyoneís 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 userís use of the Site, including, without limitation, via means of overloading, ďfloodingĒ, ďmail bombingĒ or ďcrashingĒ 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.

 

3.         Intellectual Property Rights

 

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.         Term and Termination

 

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 Respondentís account with RippleAdz;

4.2.2    prevent the Respondentís participation in current and/or future Surveys and Polls; and/or

4.2.3    terminate the Respondentís 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 Respondentís 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.         Limitation of Liability

 

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 RippleAdzís negligence or the negligence of RippleAdzís 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 wonít 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.

 

6.         Jurisdiction and Applicable Law

 

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.         Severability and Waiver

 

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 Respondentís 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.

 

8.         Assignment

 

The Respondent may not assign this Agreement without RippleAdzís prior written consent, which may be withheld in RippleAdzís 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.

 

9.         Entire 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.     Variations and Notices

 

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.

 

11.     ID Fraud and Multiple Profiles

 

The Respondent is only allowed one profile on the platform. The Respondent is not allowed to use another personís 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

 

12.     Relationship

 

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.     RippleAdz Wallet

 

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.     Privacy Policy

 

14.1      RippleAdz will obtain, use and disclose the Respondentís personal information in accordance with the requirements of the Protection of Personal Information Act (ďPOPIAĒ). 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 Respondentís 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 Respondentís 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 Respondentís information may be retained for legal or research purposes. The Respondentís information may be used for:

14.4.1     To gather contact information;

14.4.2     To confirm and verify the Respondentís 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 Respondentís 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 Respondentís personal information agrees to treat the Respondentís information with the same level of protection as RippleAdz is obliged to.

 

 

14.6      RippleAdz may also disclose the Respondentís 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 Respondentís personal information remains secure.

14.8      The Respondent has the right to request a copy of the personal information RippleAdz hold about the Respondentís. 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 Respondentís ID document to confirm the Respondentís identity before providing details of the Respondentís personal information.

14.9      The Respondent has the right to ask RippleAdz to update, correct or delete the Respondentís personal information. RippleAdz will require a copy of the Respondentís ID document to confirm the Respondentís identity before making changes to personal information RippleAdz may hold about the Respondentís.

15.     Disclaimer

 

14.1      The Respondentís use of the RippleAdz Sites and platform is entirely at the Respondentís 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 Respondentís 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 Respondentís 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 Respondentís 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 Respondentís access to or use of the Platform.