WEBSITE TERMS AND CONDITIONS
  1. INTRODUCTION
    1. This website, www.brandadvisor.co.za, is owned and operated by Brand Influence, a close corporation registered in accordance with the laws of the Republic of South Africa (registration number 2011/084678/23) (“Brand Advisor”, “us”, “our”, “we”).
    2. Please take some time to read and understand these Terms of Use, and the Brand Advisor Privacy Policy (collectively, the “terms”) which govern your use of this website. Your acknowledgment of, and agreement with, these terms is indicated through your use of this website. If you for any reason disagree with these terms or any part hereof, please discontinue use of this website immediately.
    3. Brand Advisor reserves the right to amend or update these terms at any time and from time to time. Please review these terms regularly to ensure that you agree with any amendments to these terms. Your continued use of this website means that you agree and accept any amended terms.
    4. Brand Advisor reserves the right, at its sole discretion and without notice, 
      1. Periodically amend any criteria or information set out in this website; and
      2. Suspend or terminate the operation of this website at any time for any reason.
  2. CAPACITY By accessing the website, you warrant and represent to Brand Advisor that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these terms and to be liable and responsible for you and all your obligations under these terms.
  3. ACCOUNT REGISTRATION
    1. When you register on the Website, you will be required to provide certain access details, including a username and a password. You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Website and you accept full liability for all activities that occur on or involve the Website under your User Name. You may not:
      1. allow other people to use your User Name and Password; or
      2. impersonate another User or any third party; or
      3. provide false information to gain access to the Website.
    2. You also warrant your identity (in other words, you are who you say who you are), and that you can prove your identity should we require you to do so.
    3. We reserve the right to suspend or terminate your account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete. You are responsible for ensuring the confidentiality and security of your account information, including your username and password. You will immediately notify us of any unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to properly comply with this section.
  4. YOUR PERSONAL INFORMATION For information about Brand Advisor’s data protection practices, please read the Brand Advisor Privacy Policy. You agree that Brand Advisor may process your personal information in accordance with the Brand Advisor’s privacy policy.
  5. USE OF THE WEBSITE AND SOCIAL MEDIA PLATFORMS
    1. Brand Advisor is active on Twitter, Facebook, Instagram, TikTok and other social media platforms from time to time (“Social Media Platforms”).
    2. You warrant that you will not use the website for any purpose that is unlawful or prohibited under South African or international law or is in contravention of these terms.
    3. Whenever you make use of a feature that allows you to upload material to this website or any of our Social Media Platforms, or to make contact with other users of our website or Social Media Platforms, you must comply with the provisions of this clause ‎5.  You warrant that any such contribution does comply with this clause 5 and you indemnify us for any breach of that warranty.
    4. Any material you upload to the website and/or any of the Social Media Platforms will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website and/or any of the Social Media Platforms constitutes a violation of their intellectual property rights, or of their right to privacy.
    5. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website and/or any of the Social Media Platforms.
    6. You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website and Social Media Platforms, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to
      1. any content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or
      2. any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
      3. any content that constitutes an invasion of privacy; or any content that is an infringement of any intellectual property right; or
      4. any content that contains software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; or
      5. any content that constitutes a political statement, commercial solicitation, or “Spam”.
    7.  Although we do not purport to review (nor are we under any obligation to review) any submitted content, we reserves the right to remove any content from the Website and Social Media Platforms where we deem such content, in our sole and absolute discretion, to be an infringement of these terms or harmful in anyway whatsoever. Should you place on or submit to the Website or Social Media Platforms any such harmful content or should you breach any clause in these terms, we may immediately terminate and/or suspend your access to all or parts of the Website or Social Medial Platforms, without any further notice to you.
  6. COPYRIGHT, INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS
    1. Copyright and intellectual property rights in all products or service names, materials, texts, drawings, and data made available on this website (collectively “the materials”) are owned by Brand Advisor, alternatively Brand Advisor is the lawful user thereof, and are protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Brand Advisor and/or its suppliers or licensors. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of Brand Advisor or the applicable trademark holder.
    2. No person, business or website may frame this website or any of the pages on this website in any way whatsoever.
    3. No person, business or website may use any technology to search and /or gain information from this website without our prior written consent.
  7. RELIANCE ON INFORMATION POSTED Commentary and other information posted on this website is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance place on such materials by any visitor to our website, or by anyone who maybe informed of any of its contents.
  8. INDEMNITY To the extent permitted by law, you indemnify and hold us harmless against all and any loss, liability, actions, suits, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with your use of the website or of the information and/or images available on this website or a breach by you of any provision of these terms or a breach by you of any applicable laws regarding use of this website and/or any third party website linked to this website.
  9. LINKS TO THIRD PARTY WEBSITE, SOCIAL MEDIA SITES AND APPLICATIONS (“EXTERNAL LINKS”) External links may be provided for your convenience, but they are beyond the control of Brand Advisor and no representations, warranties or endorsements are made as to their content or services. When visiting external links, you must refer to that external terms and conditions of use. Use or reliance on any external links provided is subject to the applicable third party privacy statement and is at your own risk. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of Brand Advisor.
  10. DISCLAIMER AND LIMITATIONS OF LIABILITY
    1. Whilst every attempt is taken by Brand Advisor to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any products and services or any websites accessible via the Website will be uninterrupted or virus or error-free. We therefore caution you to check all emails, attachments and files before downloading them.
    2. Brand Advisor endeavours to ensure the reliability of this website and all content available hereon. However, in light of human and technical error and other aspects, to the extent permitted by law, Brand Advisor provides no warranties, representations, statements or guarantees whatsoever (whether express, tacit or implied) in relation to this website, including without limitation the accuracy and completeness of its content and the availability of this website. You shall be solely responsible for any decisions or actions you take based on the information contained on this website.
    3. Brand advisor makes no representations of any kind about the suitability of the website, including the information contained on the website or any portion thereof, for any purpose, and the inclusion or offering of any products or service or any reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise on this website does not constitute any endorsement or recommendation of such products or service offerings by Brand Advisor. All such information, software, products and service offerings made available by or through the website are provided “as is” without warranty of any kind.
    4. Brand Advisor shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to –
      1. your access and use of this website and/or any information contained on or received via this website, and/or your reliance on any information offered via this website; or
      2. any failure and/or unavailability of the website for any reason whatever.
    5. While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever, as far as the law allows, for any damages that you may suffer as a result of the breach of the confidentiality of such information.
    6. We shall not be liable to you in contract, delict (including for negligence) or otherwise:
      1. for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement; or
      2. for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or
      3. for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).
    7. Each provision of this clause ‎‎10 operates separately. If any part is held by a court to become unenforceable due to voidness, invalidity, illegality or unlawfulness, then the other
  11. FEEDBACK AND COMPLAINTS
    1. Should you wish to contact Brand Advisor with any queries, comments regarding this website, please send an email to info@brandadvisor.co.za
    2. Any complaints can be sent to the same email address above but must be marked for the attention of “Legal”. Brand Advisor will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where it deems necessary.
  12. GENERAL
    1. These terms, including the Brand Advisor Privacy Policy, constitute the sole record of the agreement between you and Brand Advisor in relation to the subject matter hereof. Neither you nor Brand Advisor shall be bound by any express tacit nor implied representation, warranty, promise or the like not recorded herein. These terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Brand Advisor in respect of the subject matter hereof. No indulgence or extension of time which either you or Brand Advisor may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
    2. Brand Advisor shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
    3. All provisions of these terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms which is or becomes unenforceable for any reason whatsoever, shall, only and only to the extent that it is so unenforceable, be treated as non-existent and the remaining provisions of these terms shall remain in full force and effect.
    4. These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the Western Cape High Court, Cape Town, in respect of any disputes arising in connection with the service/s referred to herein, or the terms or any matter related to or in connection therewith.
  13. NOTICES The address for service of any notices or documents for all purposes relating to these terms is: Suite 704, The Point, 7th Floor, 76 Regent Rd, Sea Point, Cape Town, 8005 No legal service shall be validly affected by email.