Terms of Service

• "Ad"— Any image, video or PDF document submitted by a Vendor for display on Platform Screens.
• "Booking"— A confirmed reservation of advertising slots on one or more Screens.
• "Centre"— A physical venue (e.g. a shopping centre) where one or more Screens are located.
• "Platform"— The Notice Me web application and all associated technology provided by us.
• "Screen"— A digital display device registered on the Platform and located within a Centre.
• "Slot"— A scheduled time block during which an Ad is displayed on a Screen.
• "Vendor"— A person or entity who registers an account on the Platform to submit and schedule Ads.
• "You"— The Vendor or other user accessing the Platform.

To use the Services you must: (a) be at least 18 years of age; (b) have the legal capacity to enter into binding contracts under South African law; and (c) provide accurate, complete and current registration information.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at [INFORMATION OFFICER EMAIL] if you suspect any unauthorised use of your account.

We reserve the right to refuse registration or suspend any account at our sole discretion, including where we suspect fraudulent activity or a breach of these Terms.

The Platform enables Vendors to: (a) upload Ad content; (b) select Screens and time slots for display; (c) submit Ads for administrative review and approval; and (d) track approximate play-count statistics for approved Ads.

We are a technology intermediary. We provide the booking and scheduling infrastructure but we do not create, edit or guarantee the accuracy of any Ad content. Vendors remain solely responsible for their Ad content.

Screen availability is subject to capacity and is not guaranteed until a Booking is confirmed and payment received. Screen locations and operating hours may change without notice due to factors outside our control, including decisions made by Centre operators.

All Ads are subject to review and approval by our administrative team before they are scheduled for display. We review Ads to ensure compliance with our Advertising Policy, applicable South African law, and the Advertising Regulatory Board ("ARB") Code of Advertising Practice.

We reserve the right to reject any Ad at our sole discretion. Where an Ad is rejected, we will provide a reason. Rejected Ads may be resubmitted with amendments.

By submitting an Ad, you grant us a non-exclusive, royalty-free, worldwide licence to store, reproduce, transmit and display the Ad solely for the purpose of providing the Services during the Booking period. This licence terminates when the Booking period expires or when the Ad is removed from the Platform.

You warrant that: (a) you own or have all necessary rights, licences, consents and permissions to use and authorise us to use the Ad content; (b) the Ad does not infringe any third-party intellectual property rights; and (c) the Ad complies with all applicable South African laws and regulations.

Advertising Slots are priced as displayed on the Platform at the time of Booking. Prices are quoted in South African Rand (ZAR) and, where applicable, exclude Value Added Tax ("VAT") at the rate prescribed under the Value-Added Tax Act 89 of 1991.

Payment is due at the time of Booking. Bookings will not be confirmed or submitted for approval until payment is received. We use PayFast to process payments; their terms and conditions also apply.

All fees are non-refundable once an Ad has been approved and Slots have been scheduled, except as provided in clause 7 or as required by applicable law.

You agree that you will not:

• Submit Ads that are false, misleading, deceptive or that omit material information likely to mislead consumers, in breach of the CPA and the ARB Code;
• Submit Ads that advertise tobacco products or electronic cigarettes in contravention of the Tobacco Products Control Act 83 of 1993 (as amended);
• Submit Ads relating to gambling or betting in contravention of the National Gambling Act 7 of 2004;
• Submit Ads containing content prohibited or regulated under the Films and Publications Act 65 of 1996 (as amended);
• Submit Ads advertising medicines or scheduled substances in contravention of the Medicines and Related Substances Act 101 of 1965 (as amended);
• Attempt to gain unauthorised access to any part of the Platform or its underlying systems;
• Use the Platform in any way that violates the Cybercrimes Act 19 of 2020 or any other applicable law;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Upload malware, viruses or any code designed to harm the Platform or its users.

All intellectual property in the Platform — including its software, design, branding, text, graphics and functionality — belongs to us or our licensors. Nothing in these Terms transfers any of our intellectual property rights to you.

You retain ownership of your Ad content. We claim no ownership of your Ad content beyond the limited licence granted in clause 5.

To the fullest extent permitted by law, our total liability to you in connection with the Services shall not exceed the total fees paid by you in the 3 months preceding the event giving rise to the claim.

We are not liable for: (a) loss of profits or revenue; (b) loss of data or goodwill; (c) indirect or consequential loss; (d) failure to display Ads due to factors outside our reasonable control, including power outages, Centre closures, network failures or acts of God; or (e) the accuracy, completeness or legality of any Ad content submitted by Vendors.

You agree to indemnify, defend and hold us harmless from and against any claims, damages, penalties, fines, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) your breach of these Terms; (b) your Ad content, including any claim that your Ad infringes a third party's intellectual property rights or violates applicable law; or (c) your use of the Platform in violation of these Terms.

We process your personal information in accordance with our Privacy Policy and the Protection of Personal Information Act 4 of 2013 ("POPIA"). By using the Platform you acknowledge that you have read and understood our Privacy Policy.

We may suspend or terminate your account immediately, without prior notice, if: (a) you breach any provision of these Terms; (b) we are required to do so by law; (c) we reasonably suspect fraud or abuse; or (d) you have not used your account for more than 24 consecutive months.

Upon termination, your right to access the Platform ceases. We will retain your data as described in our Privacy Policy. Active Bookings that have been paid for but not yet completed at the time of termination for your breach will not be refunded.

You may terminate your account at any time by contacting us at [INFORMATION OFFICER EMAIL].

In accordance with section 43 of ECTA, we disclose the following:

By registering an account you agree to receive transactional communications from us by email, including account confirmations, Booking notifications and service updates. These are not marketing communications and cannot be unsubscribed from while your account is active, as they are necessary for the performance of the contract.

We will only send you direct marketing communications with your prior consent, as required by section 69 of POPIA and section 45 of ECTA. You may withdraw consent to marketing communications at any time.

We may amend these Terms from time to time. We will notify you of material changes by email or by prominent notice on the Platform at least 20 business days before the changes take effect. Your continued use of the Platform after the effective date constitutes acceptance of the amended Terms.

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. You consent to the jurisdiction of the courts of [CITY], South Africa for the resolution of any dispute arising out of these Terms, without prejudice to our right to seek urgent relief in any competent court.

Where you qualify as a consumer under the CPA, you may also refer disputes to the National Consumer Commission or a relevant consumer court.