Any person or entity ("User" or "You") using or otherwise accessing the website at www.zappAD.co.za (the "Site") or any of the content available via the site must agree to be bound by the following terms and conditions agreement.
1.1. Contracting Parties
This Site (www.zappAD.co.za), together with all content, data and other materials contained therein (the "Content") is owned, controlled and developed by VELABRANDISH (PTY) LTD., a company incorporated in the Republic of South Africa.
By using this website (the "Site") and services (the "Services") offered by ZappAD, but not limited to current and successor "Sites", "Software", "Applications" and "Services" under variation and stylisation of the website names and domain names], controlling entities, subsidiaries, affiliates, representatives, consultants, employees, officers, and directors – collectively known as "zappAD", "we", "us", "our" and terms of similar meaning) you agree to our Terms and Conditions.
When you register with (or otherwise access) the Service, you are contracting with ZappAD.
1.2. Changes To This Agreement
ZappAD, at its sole discretion, reserves the right to update, amend and change the Terms and Conditions from time to time without notice to any visitor or user of the website.
To register and use the Service, you must:
2.2. Personal Data
For the purposes of this Terms and Conditions, "personal information" shall be defined as set out in the Promotion of Access to Information Act, No. 2 of 2000.
You agree to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site or any Content; to not do anything which would assist anyone who is not a Registered User of the Service to gain access to any secured area of the Site and; to not create additional registration accounts for the purpose of abusing the functionality of the Site or any Content, or other Users, or to seek to pass yourself off as another User. You agree that you are solely responsible for any activity that occurs under your account. If you think someone else has obtained your account details, please report it immediately to accounts@zappAD.co.za and we will secure your account as quickly as possible.
2.3. Care And Security
If you are subscribed, you can change your product/subscription preferences or opt out at any time. (as payment processing is prior to the monthly service, all monies collected at that stage prior to you opting-out, will be forfeited.
2.5. Account Monitoring
ZappAD reserves the right in our sole and absolute discretion to monitor the usage of your account, for example the number of times any particular content is accessed or used, for statistical purposes (or to appoint a third party to do any of the foregoing), and we may do this at any time. This statistical information will never be provided to any third party and is for the exclusive use of ZappAD for future development purposes.
3.1. ZappAD Service
ZappAD is an online retail service ("Service") that allows you to browse and purchase a subscription plan for advetising products or services for one or more products ("Products") that permit and give access to the consumers to view and decide at their own discression, to visit your shop / establishment for the sole purpose of receiving a discounted rate to such advertised product/service. The intellectual property ultimately remains that of ZappAD.
3.2. Use Of The Site And Content
The Site and the Content are intended only for the purposes specified or implied therein, and your use of the Site and the Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate, reliable, sufficient and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, due to the possibility of human or mechanical error or other factors, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. ZappAD, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Site Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under South African or local law). Save as expressly set out in this Agreement, the Site and the Content are for advertorial use only if you advertise via a subscription plan for products available to the general public, and are not for re-distribution, transfer, assignment or sublicense. If you are not using the FREE SUBSCRIPTION, You are required to purchase a subscription if you intend to use the additional package deals. In such a case the relevant intellectual property rights in the Site and the Content is still owned by ZappAD and are not for re-distribution, transfer, assignment or sublicense to other parties outside the agreement. It can be published on the site for use by the advertiser and it’s branches only. ZappAD will not be responsible if a Product or service offering does not fit your particular intended purpose.
3.3. Use Of Service
Subscription plans are available for one company with various branches – dependant on the subscription package required and paid for. By purchasing a subscription plan (and subject to your compliance with this Agreement), ZappAD grants to a single company a non-exclusive, non-sublicensable, non-transferrable licence to advertise on the zappAD platform The Site will allow a Company to advertise their services or products in leu of good taste and norms – any vulgar, obscene and explicit material are not allowed on the site for advertising purposes. Any user who does not comply with these terms will be issued a notice of suspension of services and deleted from the database with immediate effect – payments mad up to that stage on the subscription will be forfeited by the advertiser and all of its affiliates.
The licence granted to you is effective only from the date you purchased your subscription plan. Such a licence will remain in force until the specified expiry date which is dependent on the package type you selected and on the purchase date’s specifications; or until terminated by ZappAD as a result of any breach by you of this Agreement.
3.4. Featured Links
The Site may display and/or refer to links to other websites and services from time to time. ZappAD: (a) does not endorse or take responsibility for the content of such sites or services, (b) is not responsible for the availability of such sites or services; and (c) will not be liable in any way for any loss or damage which you may suffer by using such websites. If you decide to access linked sites or services, you do so at your own risk.
3.5. Linking To The Site
Any other website may link to the Site, provided it does not imply any endorsement of its products or services by ZappAD; does not misrepresent its relationship with or present false information about ZappAD; does not infringe any intellectual property or other right of any person; and complies with all relevant laws and regulations. Please note, however, that ZappAD reserves the right to withdraw such permission at any time (generally or in relation to specific site(s) as applicable in each case) and to take any other appropriate action.
3.6. Code Of Conduct
You agree to obey all applicable laws in using the Site and the Content. You agree that you are responsible for your conduct whilst using the Service and you specifically agree:
3.7. Modifications To The Service
Any new features that augment or enhance the current Service, including the release of new content, products and other tools shall be subject to the Terms and Conditions. Continued use of the Service after any such changes shall constitute your consent to such changes. If you do not agree with the changes you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account or the amount due as calculated by our customer experience and finance teams.
Prices are as set out on the relevant pages of the Site from time to time. Prices (and availability of specific Products) are subject to change by posting new prices or notification of availability at any time. Please note that use of the Service may be subject to data charges imposed by your internet or mobile phone provider and you will be responsible for payment of any such charges. If you wish to purchase products or otherwise use the Service in any way, you must agree to the Terms and Conditions.
All payments will be made into the bank account of VELABRANDISH (PTY) LTD.
FNB CHECK ACCOUNT #62584467164
4.2. Credit Card Transaction Payment Terms
A payment made by credit card is charged immediately. All credit card holders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-service-delivery. We are not responsible for your card issuer or bank charging you as a result of us processing your credit card payment in accordance with your order, and we shall not be obliged to inform you of any reason for refusal. By using your credit card, you confirm that the card belongs to you and that there are sufficient funds or credit available to cover the charges. By placing any order hereunder, you warrant and represent that you are legally capable of entering into binding contracts and that you have agreed to be bound by this Agreement.
4.3. EFT Transaction Payment Terms
Electronic Funds Transfer transactions are deemed successful once proof of payment is received. By placing any order hereunder, you warrant and represent that you are legally capable of entering into binding contracts and that you have agreed to be bound by this Agreement.
4.4. Debit Order Transaction Payment Terms
The Service is billed to you in advance in recurring monthly debit order instalment basis for the amount and time period specified during your debit order transaction purchase. The instalments will be charged by debit order from your bank account as indicated by you. You are required to provide the necessary details in order to complete the registration process for your subscription. By placing any order hereunder, you warrant and represent that you are legally capable of entering into binding contracts and that you have agreed to be bound by this Agreement.
4.5. Refund Terms
Subject to these Terms and Conditions, you can cancel your Services at any time albeit monies paid up that stage will be forfeited as they are paid upfront for use of the platform for the month ahead.
We reserve the right to use our sole discretion to decide on a fair amount for reimbursement, if any, for your refund request depending on the reason for cancellation; activity on your account; and the period of use of our subscription services. Nothing herein affects your statutory rights. Our decision will be final.
Credit Card and EFT Transaction Payments will be refunded within three working days after your account has been investigated and the reason for cancellation has been approved. If you cancel the Service for Debit Order Payments before the end of your current paid up month, you will be refunded within three working days after your account has been investigated and the reason for cancellation has been approved and you will not be charged again.
No refunds or credits will be allowed for cancellation without a valid reason, for partial months of Service, for months unused or if your account is terminated due to breach of any of the Agreements.
4.6. Dispute And Resolution Of Transactions
The Service is billed to you in advance in recurring monthly debit order instalment basis for the amount and time period specified during your debit order transaction purchase/subscription selected. Your transaction cannot be reversed or cancelled without going through our formal cancellation process. There will be no refunds or credits for partial months of Service, or for months unused.
If you have any concern or dispute, you agree to first try to resolve the dispute formally by contacting us. If a dispute is not resolved within 30 days of submission, any resulting legal actions must be resolved through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.
Should you wrongfully dispute transactions such as debit orders with your bank your account will be suspended without a refund. All access to the Service, including but not limited to documents and user data, will no longer be available to you. Your name will be listed with a credit bureau.
5.1. Trade Marks
The brands, products and service names used in the Site and the Content (including without limitation, "ZappAD"") are trademarks or trade names of VELABRANDISH (PTY) LTD. or our trading partners unless otherwise stated.
5.2. Copyright Of Content
You expressly acknowledge that ZappAD has a proprietary interest in all Content (documents and intellectual information) available via the Site and that the Site, the Software and the Service developed by or on behalf of zappAD contain information, text, files, software, applications, code, hidden text, databases, pictures, photographs, graphics, videos, sounds and other material (the "Materials") that are protected by copyright, trade marks, trade secrets, patents, designs or other proprietary and intellectual property rights (the "IPR"), and that these IPRs are valid and protected in all forms, media and technologies existing now or developed later and that all right, title and interest in and to the Materials, the Site, the Software, the Service and all IPR therein are and shall remain the exclusive property of VELABRANDISH (PTY) LTD.
All rights not expressly granted to the User are reserved. The Products within a subscription plan are licensed, not sold, to you to be used as advertorial services.
Any use by the User that frustrates the purpose of this Agreement or circumvents the revenue model of ZappAD (including without limitation copying, lending, duplicating, reproducing, repackaging, transmitting, transferring, disseminating, distributing, redistributing, selling, reselling, trading and/or storing Content for subsequent use for any such purpose, in whole or in part, in any form or manner or by any means whatsoever, by any person without prior written consent from ZappAD) may cause irreparable loss to ZappAD in a way that could not be adequately compensated by damages and is strictly prohibited. ZappAD further reserves the right to withdraw any consent given if we are of the opinion that the User is in breach of or transgressing any conditions under which consent was given. For the avoidance of doubt, no ownership of copyright is transferred by ZappAD to Users hereunder.
5.3. Ownership and Grant of Licence
Ownership of, and title to, the Products are held by ZappAD.
Licenced usage of our platform are provided to you solely to enable you to exercise your rights hereunder. Upon purchase of a subscription plan for advertising purposes, you are granted a limited non-exclusive, non-sublicensable, non-transferrable, revocable licence under the IPR in the Software and the Service for use of the Software and/or the Service (and not ownership) of Product(s) for your personal non-commercial purposes only, subject to these Terms and Conditions. Except as expressly authorised in this Agreement, you may not rent, lease, sell, sublicense, distribute, transfer, copy, reproduce, display, modify or time share any Product(s) or Documentation (or part or element thereof).
5.4. No Partnership
Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.
5.5. Third Party Material
To the extent the Site, the Software and/or the Materials include or refer to any third party materials, the ownership of such third party materials shall be vested in the third party(s) concerned. ZappAD is in no way responsible for the content, accuracy or reliability of any such third party materials.
5.6. Prohibited Uses
You will not at any time:
5.7. No Resale Of Products
For the avoidance of doubt, you are granted a personal non-exclusive, non-sublicensable, non-transferable, revocable licence to use the Products solely for your own personal use, if a general licence is obtained.
You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively "Interfere") with the Site and/or the Content in any manner. If you in any way Interfere with any of these, you agree to pay all damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes with the Site or the Content or otherwise attempts to defraud ZappAD or any other parties through your use of the Site, the Content or any services provided hereunder.
We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Site and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically, which will allow us to communicate with you via email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in writing.
6.2. Technical Support
Technical support is only provided to paying account holders and is only available via email.
You agree and understand that ZappAD uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Accordingly, you understand that the technical processing and transmission of the Service, including your content, involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by ZappAD of other ZappAD customers), we reserve the right to immediately disable your account until you can reduce your bandwidth consumption.
7.1. Cancellation Of Services
You may formally cancel your Services by sending us an email or by sending us a message via our Contact Us page. You are solely responsible for the cancellation. Once your cancellation has been approved, your account will be suspended. All access to the Service, including but not limited to documents and user data, will no longer be available to you.
7.2. Termination Of This Agreement
We may at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without reimbursement, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein; or if we are legally required to do so by law; or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any zappAD customer, client, employee, member, or officer will result in immediate account termination. Please note that termination due to breach of any of the Agreements or otherwise will also terminate the Service to use the Product(s) and without refund.
8.1. Warranty and Indemnity
The User hereby warrants and represents that the User has the right and power to enter into and fully perform all of its obligations under this Agreement; the User will defend, indemnify, and hold harmless ZappAD, its parents, subsidiaries, affiliates, representatives, consultants, employees, officers, and directors, with respect to any claim, demand, cause of action, or debt or liability brought by or claimed by any third party, including attorneys’ fees, to the extent that any such claim is based upon or arises out of a breach of any of the User’s representations, warranties, covenants or obligations.
To the extent permitted under applicable law in your territory, all ZappAD Products and Services are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing ZappAD makes no warranty that (a) the services will meet your requirements, (b) the services will be uninterrupted, timely, secure, or error-free, (c) the results obtained from the use of the services will be effective, accurate or reliable, or (d) the quality of any materials or services obtained by you from the site, from us, or from any third parties’ websites to which the site is linked, will meet your expectations or be free from mistakes, errors or defects. The use of the services is at your own risk and with your agreement that you will be solely responsible for any damage to your computer device or system or loss of data that results from such activities.
You agree to indemnify us for any loss or damage that may be incurred by ZappAD, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site or the Content.
You agree that the liability of ZappAD to you hereunder shall be limited to the amount you have actually paid to us for all Products or Services. Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence.
9.1. Entire Agreement
This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings; agreements; or representations; oral or written, not specified herein regarding this Agreement.
9.2. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
9.4. No Waiver
No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or Services constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you.
9.6. Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.
If you believe that you are the owner of the copyright or other rights in any material appearing on the Site, or if you have any other complaint about the Site or any Content or other posted materials please contact us via our Contact Us page or at info@zappAD.co.za. If you would like to notify us of Content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via our Contact Us page or at info@zappAD.co.za making sure to include both the Uniform Resource Locator ("URL") for the non-complying item(s) and the reasons you believe it does not comply. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
9.8. Contacting Us
If you have any questions, please contact us via our Contact Us page or at info@zappAD.co.za.