Platform Terms of Use

1. Re-imagining digital advertising

We acknowledge the multitude of problems facing both businesses and customers when it comes to advertising. Addex’s mission is to revolutionise how businesses interact with their target audience, by empowering the customer to choose the advertisements and promotional offers that they are interested in seeing. Our mobile application (referred to as the “Addex App” or simply the “App”) aims to provide a refreshing alternative to current digital advertising platforms.

Our Platform:

• is a marketing and advertising platform that connects users with brands, retailers, businesses and other service providers based on the user’s selected interests and preferences; and
• can be accessed and used by downloading our Addex App, browsing our website, when assisted by our employees or agents, or by any other means we may make available to Customers and Advertisers in the future.

2. Please read these Terms of Use carefully before accessing or using the App

“We”, “our” and “us” means ADX Digital (Pty) Ltd, a private company incorporated in the Republic of South Africa with registration number 2022/659982/07, and includes (unless the context indicates otherwise) our agents, employees, service providers and affiliates.

“Customer” and “user” means any natural person, over the age of 18 years, who downloads, accesses and/or uses the Platform to search advertisements and promotional offers and/or business listings in the user’s personal capacity or on behalf of a juristic or non-juristic entity.

“Advertiser” means any individual or business who downloads, accesses and/or uses the Platform to advertise, market or list their business on the Platform.

By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree, please do not use the Platform.

3. Our App

Our App constitutes a technology platform.

All advertising and marketing content is explicitly owned and controlled by the Advertisers, who are:

• responsible for ensuring that such content meets all the relevant requirements in law, including applicable codes; and
• not employed by us or any of our agents or affiliates.

The display of advertising and marketing content on our Platform must not be construed as any recommendation, advice or endorsement by us of any advertising or marketing content, any third-party retailer or service provider, or their views, activities, products, services and goods.

We are not responsible for the accuracy, legality and validity of such content, including prices, discounts, availability and quality of goods, products or services. Third-party Advertisers who advertise or market products, goods or services on our Platform are solely responsible for ensuring that all advertising and marketing content uploaded to our Platform is kept up to date and accurate. You must contact the relevant third-party Advertiser if you have a complaint or query about the content of any advert or marketing material, or the activities or contents of a third-party website or app.

You acknowledge that the relevant agreements, terms and conditions and privacy policies of third-party Advertisers may apply to and govern your use and/or purchase of such third-party products, goods and services, content, websites and mobile applications.

4. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Platform. By registering or using Addex, you represent that all information you provide is accurate and truthful.

5. What’s covered by these Terms

5.1 These Terms constitute a binding legal agreement between you and Addex and govern your use of our Platform. By accessing or using any part of our Platform, you accept these Terms without limitation or qualification. Please note that the registration of an Account or Profile (as defined below) requires your express acceptance of these Terms.

5.2 These Terms reflect the way that Addex works and, among other things, the obligations that apply to our relationship with you. As a result, these Terms help define our relationship with you as you interact with us and use our Platform. For example, these Terms include:

• what you can expect from us and the Platform;
• what we expect from Customers, which establishes certain rules for using the Platform; and
• what to expect from Advertisers, which covers the basics of the interaction between Customers and Advertisers.

5.3 Understanding these Terms is important because, by using the Platform, you are agreeing to these Terms. These Terms include all operating policies referred to in them (as such policies may be amended from time to time), including without limitation our Cookie Policy and our Privacy Policy that applies in South Africa.

By accepting these Terms, you confirm that you have read and accepted our Privacy Policy.

6. Account and profile registration

To use certain features, you may need to create an account and profile. You are responsible for:

• maintaining the confidentiality of your login details;
• all activity under your account;
• notifying us immediately of any unauthorised access; and
• keeping your information up to date.

You should never:

• choose a username that impersonates another individual or misleads others about your identity;
• use a username that belongs to someone else or infringes on their rights without proper authorisation;
• select a username that is offensive, vulgar or inappropriate;
• access or use another person’s account or registration details;
• share your account credentials with anyone else; or
• disclose, publish or distribute login information for your own account or someone else’s.

7. Platform usage

For Advertisers

• You are responsible for ensuring that your advertising content and business listings are accurate, lawful and comply with all applicable advertising regulations.
• You must not upload or promote illegal, misleading, offensive or prohibited content.
• Addex reserves the right to review, approve, modify or reject any advert or business listing submitted through the Platform.
• Adverts and Promotional Offers are listed within the category decided upon by the Advertiser on creation of the Campaign or Business Listing.
• Where multiple Adverts are available within any category, Adverts will be displayed in order of highest Campaign cost (value), then, where two or more Adverts have the same value, in order of the date and time placed on the Platform. (See Platform fees below.)
• Where multiple Business Listings are available within any category, Business Listings will be displayed in order of highest value, then in alphabetical order of brand name. (See Platform fees below.)

For Customers

• When you use our services via our App, we will display our full directory of, and content from, marketers and advertisers at all times. You, however, remain in control of your notification preferences.
• You can manage your notification preferences in the App by selecting or de-selecting the categories you are interested in (tap the heart icon on a category). You may select categories of interest to receive tailored advertising and promotional offers.
• We will only send you advertising and marketing notifications via our App for categories you specifically select.
• You agree to use the Platform lawfully and not to interfere with other users’ experiences.
• You understand that we do not endorse or guarantee any third-party advertising content.

8. Platform fees (only applicable to Advertisers)

The Platform is free to use for all Customers.

For Advertisers, advertising fees are calculated depending on whether the Advertiser decides to flight a Campaign and/or create a Business Listing.

Campaign Fees are calculated based on:

• a CPM (cost per mille) basis, i.e. per 1,000 impressions;
• the duration of the Campaign (in days);
• the target audience: either National (all Customers in South Africa on the Platform) or Local (Customers within a 50 km radius of the Advertiser); and
• Bid-For-Prominence, i.e. a discretionary multiplier to boost the value of the Campaign so that it features prominently on the category carousel.

Business Listing Fees are calculated based on:

• whether the Advertiser chooses a Local or National listing. A Local listing (Customers within a 50 km radius of the Advertiser) is free of charge. A National listing (all Customers in South Africa on the Platform), where available, is charged at a fixed monthly rate; and
• Bid-For-Prominence, i.e. a discretionary multiplier to boost the value of the listing so that it features prominently on the category carousel.

Current prices are shown on our For Businesses page.

9. Payment methods (only applicable to Advertisers)

Campaign Fees are charged to Advertisers on a transactional basis, i.e. only when an Advertiser chooses to flight a Campaign.

Advertisers may use one of two methods to make payment on the Platform:

• debit or credit card payment via the Payfast gateway; or
• tokens held in a wallet stored on the Platform. Tokens are also purchased via the Payfast gateway.

Fees for paid Business Listings are charged on a subscription basis, i.e. monthly, via the Payfast gateway.

10. Refunds (only applicable to Advertisers)

10.1 At our discretion, refunds may be issued where a valid claim arises or a mistake was made on the part of the Advertiser. All refund requests on Campaign Fees must be submitted to us no later than 24 hours before the flighting of your Campaign on our Platform.

10.2 Where a mistake is discovered by the Advertiser within 24 hours of the Campaign beginning, or during the Campaign, we may undertake to remove the Campaign from the Platform. However, any refund is forfeited.

11. Cancellation of a paid Business Listing (only applicable to Advertisers)

Notice of cancellation of a paid Business Listing must be received no later than the 15th of the month to prevent renewal for the following month.

12. Complaints

Complaints should be submitted to us in writing before taking any other action. You must include the reason you are unsatisfied and any other information we reasonably request. After receiving the complaint, we will process it within 7 days in accordance with our internal complaint practices. These Terms do not limit the means otherwise available to you to resolve any dispute you have with the Platform.

13. Data use and privacy

We respect your privacy. Our collection and use of your data is governed by our Privacy Policy and Cookie Policy. By using our Platform, you consent to the processing of your personal information in accordance with applicable laws and our Privacy Policy. You can read more about how we collect and use personal data in our Privacy Policy.

14. Indemnity and limitation of liability

14.1 You agree to indemnify, defend and hold harmless Addex and its affiliates, along with our directors, officers, employees and contractors, from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from or related to your: (i) use of the Platform; (ii) breach of these Terms; and (iii) violation of any applicable law or regulation.

14.2 We shall not be liable for any losses or damages arising out of or in connection with: (i) the acts or omissions of an Advertiser; (ii) your use of the Platform; (iii) the availability of the Platform; (iv) the content of sites to which the Platform links; and (v) circumstances outside of our control.

14.3 To the maximum extent permitted by law, we shall not be liable for indirect or consequential damages.

15. Intellectual property

15.1 The Platform and all services provided by us, including all underlying technology, software, graphics, design elements and all associated intellectual property rights such as copyrights, trademarks, service marks, trade names and logos, are the sole and exclusive property of Addex, unless otherwise stated. This excludes third-party content that is lawfully displayed on the Platform with proper authorisation. Unless expressly permitted in these Terms, no licence or right to use any part of the Platform or its content is granted to you.

15.2 By using the Platform, you agree not to copy, reproduce, distribute, modify or create derivative works from any part of the Platform without our prior written consent. You may not store, reproduce or incorporate any part of the Platform in any external system, platform, public repository or retrieval service without written authorisation from Addex.

16. Suspension and termination

16.1 We reserve the right, at our sole discretion, to suspend or terminate your access to our Platform and/or delete your account at any time, without notice or liability, if we determine it is reasonably necessary to do so. Circumstances where this may apply include (but are not limited to) where:

• you have materially or repeatedly violated these Terms;
• we are required to take action by law, regulation or a valid court order;
• your actions are reasonably believed to cause harm or legal liability to Addex, an Advertiser, another user or any third party (e.g. through hacking, phishing, harassment, spamming, misrepresentation or unauthorised content scraping);
• you behave in a way that is abusive, threatening or disrespectful towards any Addex employee, partner, agent or user; or
• you attempt to create a new account after your previous account was suspended or terminated.

16.2 We encourage you to contact us if you believe that your Account has been suspended or terminated in error.

17. Miscellaneous

17.1 No warranties

The Addex Platform is provided to you on an “as is” and “as available” basis. We make no warranties or guarantees of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement, unless required by law in your jurisdiction.

If the law in your region grants you specific rights that override this disclaimer, those rights will apply. Otherwise, our obligations are limited strictly to the explicit commitments outlined in these Terms.

17.2 Changes to these Terms

We reserve the right to update or modify these Terms at any time. If changes are made, we’ll notify you via our Platform and publish the revised Terms on the Platform. These updates will not apply retroactively, but they will govern your continued use of the Platform and your Account from the effective date onward. By continuing to use the Platform after the changes take effect, you agree to the updated Terms. If you do not agree with the updated Terms, you may delete your account on our Platform by visiting “Profile” and selecting “Delete Account”, and you must also delete the App from your device. Unless otherwise stated, the most current version of the Terms will replace all previous versions.

17.3 Third parties

You understand and acknowledge that Addex does not provide, endorse or guarantee any third-party product, service or advertisement on the App. The Platform may contain links to other websites not maintained by us. Other websites and apps may also reference or link to our Platform. We encourage you to be aware when you leave our Platform and to read the terms and conditions and privacy statements of every website and app that you visit. We are not responsible for the practices or content of such other websites and apps.

17.4 Severability

If any part of the Terms is deemed unlawful, void or for any reason unenforceable, the parties agree that the provision will be modified to carry out the original intent to the fullest extent permitted by law. If modification is not possible, that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of the remaining provisions.

17.5 Waiver and remedies

No failure or delay by Addex to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

17.6 Information

Addex reserves the right to access, read, preserve and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.

17.7 Applicable law

These Terms will in all respects be governed by and construed in accordance with the laws of the Republic of South Africa. The user submits to the non-exclusive jurisdiction of the courts of the Republic of South Africa.

17.8 Entire agreement

These Terms constitute the entire agreement between the parties in respect of this subject matter.

18. Address for notices and our contact information

Company

ADX Digital (Pty) Ltd

Registration number

2022/659982/07

Registered address for notices

42a 4th Avenue, Illovo, Sandton, Johannesburg, 2196

Complaints, queries and support

supportadx@addex.co.za

Website

www.addex.co.za

By using our Platform, you agree to the terms outlined in these Terms of Use.