Terms And Conditions
Advertiza's Terms and Conditions
1. This user agreement (the "Agreement") is an agreement between you and Advertiza Holding (Pty) Ltd with registered number 2018/335383/07 a registered South African company (the "Company"). The Agreement governs your use of the Advertiza free download marketing and advertising with QR Code applications for Android, Windows Mobile and iOS (iPhone) respectively (collectively the "App"), and governs your use of the App.
2. You will be required to accept this Agreement when subscribe on the App and provide your personal details for use in the user detail section within the App. Subscribing on the App allows you to use the features described in section 2 below. Should you decline the acceptance of this Agreement these aspects of the App will not be available to you.
3. By using the App you agree that you have read and understood the terms and conditions of this Agreement and you acknowledge that these terms and conditions in their entirety shall apply to you.
4. We reserve the right to amend, modify, update and change any of the terms of this Agreement. We advise you to check for updates on a regular basis. Any material changes to the Agreement will be notified to you through the notification features of the App. Your continued use of the App will be deemed to constitute your acceptance of such changes.
2. Features of the App
This App allow you to:
1. register and/or login to the App
2. Recruit businesses and earn 10% of the price plan purchased for every advert they post on the App
3. Earn $1.00 OR R10.00 TIZACOINS by scanning the QR Code at the participating outlet.
4. Redeem TIZACOINS once they reach TIZACOIN Balance of $50.00 or R500.00. When redeeming the TIZACOIN your bank account will be requested and transaction verification shall take place to check for any suspicious transactions.
5. View and search adverts in your area of interest
6. Allow business users to publish adverts and post them on the App
7. Allow business user to allow the scanning of active QR Code
3. Our Role
1. Our role is to provide a platform to business to advertised their products and service offerings at a reasonable price plan
2. We are also responsible for getting more consumer subscribe to the platform and distribute every advert posted to consumers who resides in the same area where the business is.
3. It is our responsibility to support and maintain the application to ensure it is up and running at all times.
4. We are responsible to verify, process and pay all the claims to redeem TIZACOINS.
4. Security and Unauthorised Payments
1. The App is password protected, therefore, all users are required to register in order to gain access to the App.
2. A notification is sent for every transaction which takes place on user’s account. It is therefore user’s responsibility to ensure that they check the notification and alert Advertiza Holdings (Pty) Ltd in an event a malicious transaction is detected.
3. The App does not store credit card information. All credit card payment are redirected to a third party system
1. There are no charges for using this App. However, your mobile network operator may charge you to access this App and these charges may vary if you access the App when abroad. You are responsible for these charges.
2. Only business uses are charged for the advertisement space used on the App and the price plan selected determines the period of when the advert will be terminated.
6. Termination/Suspension of your Access
We may suspend or terminate your access to the App or to the features within the App without notice where it is reasonable for us to do so and specifically if:
1. for any reason we decide to discontinue to provide the App
2. we believe that you have breached any of the terms of this Agreement
3. your use of the App has been in any way improper or breaches the spirit of this Agreement
4. we reasonably believe use of the App may be at risk of fraud or misuse
5. our information technology infrastructure has failed, is experiencing outages or requires maintenance; or
6. ordered or recommended to do so by the security services, court or a relevant regulatory authority.
7. Should there be any suspicious transactions on your transaction history Advertiza Holdings (Pty) Ltd reserve the right to decline those specific transaction. In such event you will be notified through the notification section of the App. should repeated irregular suspicious transactions be continuously identified, Advertiza Holdings (Pty) Ltd has the right to close the account without providing any reasons to you.
7. Your use of the App
You must not:
1. copy or reproduce all or any part of the App;
2. alter, modify or adapt all or any part of the App;
3. remove or tamper with any copyright notice attached to or contained within the App; or
4. carry out reverse engineering of the App.
8. You represent and warrant to us that:
1. all Information provided to us is true and accurate in every respect and you will keep all such information up to date during the term of this Agreement;
2. you will only use the App for your own purposes and not on behalf of any other person or entity;
3. you and all payments initiated by you will comply with all laws, rules, and regulations; and
4. you will not use the App, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the functionality of the App.
9. Intellectual Property
5. The Company hereby grants you the non-exclusive, non-transferable right to use our App, including the copyright and all intellectual property rights therein, in connection with the App and in accordance with this Agreement.
6. The App and all content derived from the App is protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the App you obtain no rights in the software, trademarks or content related to the App and you may only use the same in complete accordance with this Agreement.
10. NO WARRANTY
1. THE APP IS PROVIDED "AS IS". WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SATISFACTORY QUALITY, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICE OFFERED THROUGH THE APP.
2. WE MAKE NO WARRANTY THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS ,OR REPRESENT THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS THEREIN.
11. Limitations of Liability
1. This section 11 sets out the entire liability of the parties (including any liability for the acts or omissions of their respective employees, agents and sub-contractors) to each other in respect of: any breach of this Agreement; any use made by you or our affiliates of the App or any part of it; and any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
2. We shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your interaction and/or transaction with any third party website via the App. We are not responsible for the content of any linked sites.
3. You confirm that we shall not be liable to you or any third party for any modification to, suspension of, or discontinuance of the App.
4. Nothing in this Agreement shall limit or exclude the liability of either party for death or personal injury resulting from negligence; fraud or fraudulent misrepresentation; the indemnification obligations referred to in section 12; or any other liability that cannot be excluded by applicable law.
You will indemnify us against any losses we suffer as a result of claims made or threatened against either of us as a result of your use of the App in connection with criminal or other illegal activities.
13. Language and Notices
1. This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail. You agree that we will communicate with you and you will communicate with us in English during the term of this Agreement.
2. When you use the App or send e-mails to us, you are communicating with us electronically. By registering for the App and accepting the terms of this Agreement, you affirmatively consent to receive notices electronically from us. We may provide in electronic format all communications including, without limitation. agreements related to the App, amendments or changes to such agreements or any applicable policies, disclosures, notices, payment information, statements, responses to claims and other customer communications that we may be required to provide to you by law (collectively, "Communications"). Communications may be posted to the App and sent by e-mail to the e-mail registered in your Account Information. All Communications will be deemed to be in "writing" and received or accessed by you. You are responsible for printing, storing and maintaining your own records of Communications, including copies of this Agreement. This condition does not affect your statutory rights. You can contact us about the App by sending an email to firstname.lastname@example.org.
14. System complaints and Dispute Resolution
1. If you wish to make a complaint about the App, you can email email@example.com, with brief details of your complaint. Our customer service staff will acknowledge your complaint by email within 1 business day. They will then investigate and send you an initial response, having had access to an officer with the authority to settle the complaint (including, where appropriate, an offer of redress). Where appropriate, the member of staff investigating the complaint will not be any staff member who was directly involved in the subject matter of the complaint. This should take no longer than five business days, but most complaints may well be resolved by close of business on the business day after the complaint is received. If the complaint is not resolved by close of business on the business day after the complaint is received, we will send you a copy of this complaints handling procedure.
2. If you are not satisfied by our response, you must contact the Customer Services Manager, who will respond by email within a further five business days.
3. If you are not satisfied with the response from the Customer Services Manager, you can email firstname.lastname@example.org, enclosing the responses already given to it. That email will then be referred to the Chief Executive Officer, who will respond by email within a final five business days.
4. Within four weeks after receiving a complaint, we will send you either a final response or a response which explains why we are not in a position to resolve the complaint and indicates when we will make further contact.
1. If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
2. Any waiver of any right under this Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given. No failure to exercise or delay in exercising any right or remedy provided under this Agreement or by law constitutes a waiver of such right or remedy nor shall it prevent any future exercise or enforcement of such right or remedy.
3. Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
4. This Agreement contains the entire agreement between you and us relating to its subject matter. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation save insofar as the same has expressly been made a representation in this Agreement.
5. This Agreement is personal to you and you may not assign any of your rights or obligations to any third party. Any assignment in violation of this provision shall be void and of no effect. We reserve the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person without notice and you will be deemed to consent to such assignment.
6. In this Agreement and unless otherwise stated, "we", "us" or "our" refers collectively to the Company and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
16. Governing Law
This Agreement and any dispute or claim arising out of or in connection with it shall be governed by the laws of South Africa. The parties irrevocably agree that the courts of South Africa shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or our subject matter (including non-contractual disputes or claims).
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