1. INTRODUCTION

These Terms form an agreement between the User and Style ID and apply to the User’s use of the Website. By using the Website, you agree to these Terms.

2. GENERAL

In this document the following words shall have the meaning ascribed to them:

2.1 “Community User” means a User who has created and activated an Influencer Community Network account in order to access the Influencer Community Network;

2.2 “CPA” means the Consumer Protection Act 68 of 2008;

2.3 “Data” means all data provided by the User to us directly or indirectly, including your Personal Information;

2.4 “Influencer Community Network” means the influencer community network, available on

the Website for Community Users in term of which Community Users can:

2.4.1 create a profile;

2.4.2 join groups and follow content creators, brands and advertisers;

2.4.3 participate in discussions, ask questions, provide answers, and share insights;

2.4.4 share content; and

2.4.5 engage in creator commerce opportunities.

2.5 “Intellectual Property Rights” means all the rights in and to the intellectual property, including the rights in and to trademarks, service marks, trade names, domain names, logos, get-ups, patents, provisional patents, inventions (whether patentable or not), know-how (including confidential industrial and commercial information and techniques in any form), utility models, registered and unregistered design rights, copyrights, semi-conductor topography rights, database rights, and all similar proprietary rights which may subsist in any part of the world, as well as any confidential information or processes relating to that subject matter;

2.6 “Style ID Content” means all content uploaded by Style ID or our representatives onto the Website;

2.7 “Parties” means, collectively, the User and Style ID and “Party” means either the User or Us, as required by the context;

2.8 “Personal Information” has the meaning assigned to that term in the POPI Act;

2.9 “POPI Act” means the Protection of Personal Information Act No 4 of 2013 and any regulations published under that Act, and any amendments to that Act and/or the regulations from time to time (if any);

2.10 “Social Media Pages ” means the following social media pages operated or used by us –

2.10.1 Facebook;

2.10.2 Instagram;

2.10.3 TikTok;

2.10.4 YouTube; and

2.10.5 LinkedIn;

2.11 “Terms” means the terms and conditions set out in this document which operate between the User and Style ID in connection with the User use of the Website, as may be amended, varied or added to from time to time by Us;

2.12 “User” means any natural or juristic person who accesses and/or makes use of the Website;

2.13 “Style ID” means to Style ID Africa Proprietary (registration number 2009/017637/07); and

2.14 “Website” means the Style ID Influencer marketing website located at https://styleid.africa.

3. ACCEPTANCE OF THESE TERMS

3.1 By using the Website the User is indicating his/hers/its acceptance to be bound by these Terms.

3.2 Style ID shall be entitled to revise these Terms at any time by updating this page.

3.3 The User, hereby, undertake in favour of Style ID to visit this page periodically to review the Terms to which the User are bound.

3.4 the User understands that third party websites, domains and/or Websites (including the Social Media Pages) which the User visits, from time to time, have their own terms and conditions of use, privacy, cookies and other policies (“Third Party Terms and Policies”) to which the User may be bound.

3.5 The Terms contained in this document:

3.5.1 operate between the User and Style ID only;

3.5.2 exist independently of the Third Party Terms and Policies; and

3.5.3 do not purport to replace, substitute, novate or in any way amend the Third Party

Terms and Policies.

4. LICENSE

4.1 Subject to the User's compliance with these Terms, Style ID grants to the User a limited, personal, revocable, non-assignable, non-transferrable, non-sub-licensable, and non-exclusive right to access and use the Website upon the terms and subject to the conditions contained in these Terms.

4.2 For the avoidance of doubt, nothing contained in these Terms shall be deemed to constitute a transfer of ownership in the Website and the same shall at all times be and remain the property of Style ID.

4.3 All rights granted to the User under these Terms are non-exclusive. Nothing in these Terms will be construed as limiting, in any manner, Style ID’s right to grant other Users rights to use the Website or any other rights in relation to the Website. All rights not expressly granted by Style ID to the User in these Terms are reserved to Style ID.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Style ID shall at all times retain all right, title and interest in and to the Intellectual Property Rights in respect of the Website.

5.2 To the extent that the User has, consequent to being granted use and access to the Website, been granted access and use of any Intellectual Property in relation to any Style ID Content, the User acknowledges and agrees that:

5.2.1 all right, title and interest in and to the Intellectual Property Rights in respect of such Style ID Content shall at all times remain vested in Style ID; and

5.2.2 nothing contained in these Terms shall be interpreted or construed to infer any assignment transfer and/or making over of such rights to the User.

5.3 The User shall not, at any time, do or cause to be done, any act or thing which contest or which has or may have the effect of impairing or tending to impair, the integrity, validity or right to ownership of Style ID in and to the Intellectual Property Rights in respect of the Website and/or the Style ID Content.

5.4 Except as expressly provided in these Terms, no part of the Website and no Style ID Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Style ID’s express prior written permission.

6. AUTHORISED USE OF THE WEBSITE

By using or attempting to use our Website, the User, hereby acknowledge, represents, warrants and/or undertakes in favour of Style ID, that:

6.1 he/she/it shall not violate, and shall comply with, all applicable statutes, orders, regulations, rules and laws, including, without limitation, privacy and marketing/spam laws;

6.2 he/she/it shall not violate the rights of any third party;

6.3 Style ID is not providing any legal services and shall not advise the User regarding any legal matters. In the event that the User desires to obtain legal counsel, the User shall seek an independent legal counsel licensed to practice law in the User's jurisdiction;

6.4 Style ID provides the Influencer Community Network, upon which Community Users post content, and therefore Style ID is not and shall not be responsible or liable for any content, including but not limited to data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by any Community User or other party;

6.5 he/she/it shall not utilize the Website in any manner which violates these Terms or any other agreement entered into between the User and Style ID or with any other third party such as advertisers, agents or otherwise;

6.6 he/she/it shall not use the Website for any fraudulent or unlawful purpose and shall not take any action to interfere with the Website, or any other party’s use thereof. In this regard, the User shall not:

6.6.1 post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Website any content, that is or may be, unlawful, harmful, harassing, xenophobic, political, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, a violation of privacy or publicity rights, an infringement of intellectual property or other proprietary rights, or otherwise objectionable in the sole discretion of Style ID, including unauthorized or unsolicited advertising;

6.6.2 post to or transmit through the Website any sensitive information about himself/herself/it or third parties, such as social security, credit card or bank account numbers, religious or political belief, health or medical information, or other information concerning such sensitive;

6.6.3 access data not intended for the User or to log into a server or account which the User are not authorised to access;

6.6.4 send unsolicited email, including promotions and/or advertising of products or services to any person in our mailing list and/or to any users of the Website;

6.6.5 probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorisation;

6.6.6 circumvent, disable, or otherwise interfere with security-related features of the Website;

6.6.7 engage in unauthorized framing of or linking to the Website;

6.6.8 trick, defraud, or mislead Style ID and/or other Website users, especially in any attempt to learn sensitive account information such as user names or passwords;

6.6.9 delete or revise any material posted by any other person or entity;

6.6.10 make improper use of our support services or submit false reports;

6.6.11 engage in any automated use of the Website, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

6.6.12 attempt to impersonate another Website user or person or use their username, password or email address;

6.6.13 attempt to interfere with services to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing;

6.6.14 use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website;

6.6.15 forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting;

6.6.16 copy or adapt the Website’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

6.6.17 except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or use or launch any unauthorized script or other software;

6.6.18 use the Website in a manner inconsistent with any applicable laws or regulations.

6.7 to the extent applicable, he/she/it shall ensure that its employees and/or service providers comply with these Terms, and the User is and shall remain at all times responsible for any non-compliance or violation of these Terms by its employees and/or service providers, or any other person to which it gives access to its Community User account or otherwise allows to use the Website.

7. COMMUNITY USER ACCOUNTS

7.1 In general, Users are not obligated to register for an account in order to access the Website, however in order to access the Influencer Community Network, the User shall be required to create a Community User account.

7.2 Style ID may, at its sole discretion, accept or reject a User's request to open a Community User account. Style ID shall be entitled to reject any account for any reason in its sole and unfettered discretion. For example, Style ID may reject a User name (or e-mail address) that is already in use by someone else, that may be construed as impersonating another person, that belongs to another person, that violates the Intellectual Property Rights or other rights of any person, or that is offensive.

7.3 The Community User acknowledges and agrees that he/she/it shall be liable for all activities that are undertaken through the Community User account regardless of whether the activities are undertaken by the Community User, his/hers/its employees or a third party on your behalf (including his/hers/its contractors or agent(s)). The Community User agrees to contact Style ID immediately in the event the he/she/it believes that an unauthorized third party may be using his/hers/its account or in the event your Community User account information is lost or stolen.

7.4 The Community Users shall at all times be entitled to terminate his/her/its account.

8. DATA

8.1 The User represent that:

8.1.1 all Data the User submit to Style ID and/or uploads to the Website will be true, accurate, current, and complete at all times;

8.1.2 the Data the User uploads to the Website does not copy the work of any third party or otherwise infringe any third party Intellectual Property Rights and the uploading of such Data does not and will not violate applicable laws or the rights of any third party.

8.2 the User shall:

8.2.1 be responsible for checking that the Data has been successfully uploaded and is stored in the correct location;

8.2.2 continuously update the User Data.

8.3 The User indemnifies Style ID against all claims, losses and/or damages sustained by Style ID or any of our agents, representatives, customers and/or suppliers as a result of Style ID’s reliance on or use of the Data.

9. TERM AND SUSPENSION

9.1 These Terms shall remain in full force and effect while the User make use of the Website.

9.2 Style ID reserve the right to terminate the User’s use of or participation in the Website or delete the Community User’s account and/or any content or information that the Community User has posted at any time, without warning, in Style ID’s sole and unfettered discretion.

9.3 If Style ID, exercises its discretion to terminate or suspend a Community User’s account for any reason, the User shall be prohibited from registering and creating a new account under the User’s name, a fake or borrowed name.

9.4 In addition to terminating or suspending the Community User’s account, Style ID reserves the right to take appropriate legal action, including without limitation pursuing civil and criminal redress.

10. WEBSITE TRACKING AND COOKIES

10.1 The Website makes use of “cookies” to automatically collect information and data.

10.2 Our cookies policy for the Website is located at __________________________________.

11. PROCESSING OF PERSONAL INFORMATION

The processing by Style ID of your Personal Information is governed by our Privacy Policy which can be accessed at www.styleid.africa/privacy-policy.

12. MODIFICATIONS AND INTERRUPTIONS

12.1 Style ID reserves the right to:

12.1.1 modify or discontinue all or part of the Website without notice at any time; and

12.1.2 change, modify, or remove the Style ID Content at any time or for any reason at our sole discretion without notice.

12.2 Style ID cannot guarantee that the Website will be available at all times. It may experience hardware, software, or other problems and we may as a result need to perform maintenance related to the Website, resulting in interruptions, delays, or errors.

12.3 Nothing in these Terms will be construed as obligating Style ID to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

12.4 Style ID reserves the right at any time, to deny the User access to and use of the Website (including by way of blocking certain IP addresses), for any reason whatsoever.

12.5 Style ID shall under no circumstances be liable for any loss of profit, income or damages, whether direct or indirect, consequential or otherwise, which the User may suffer by reason of:

12.5.1 the Website being modified, suspended, or discontinued;

12.5.2 the User’s access to the Website being denied; or

12.5.3 the Community User’s account being terminated or suspended.

13. DISCLAIMERS AND LIMITATIONS

13.1 The Website carries advertisements, news, reviews and other content independently published by third parties. Style ID is not involved in the creation or publishing of this content and Style ID does not independently review this content.

13.2 Insofar as the Website contains links to any other internet websites, the User acknowledges and agrees that Style ID does not have control over any such websites and that Style ID shall therefore not be liable in any way for the content or functionality of any such linked websites, nor for any costs, expenses, losses or damages of any nature whatsoever arising from your access and/or use of any such websites.

13.3 Whilst Style ID has taken reasonable measures to ensure the integrity of the Website and the Style ID Content, the same is provided on an as-is and as-available basis. To the fullest extent permitted by law disclaims all warranties, express or implied, in connection with the Style ID Content, the Website and your use thereof including without limitation, that

13.3.1 the Website and will be uninterrupted, timely, secure or error free;

13.3.2 any files, downloads or applications available via the Website are free of viruses, trojans, bombs, time-locks or any other data, code or harmful mechanisms which has the ability to corrupt or affect the operation of the User system;

13.3.3 the Website and/or the Style ID Content is accurate or reliable or fit for any particular purpose;

13.3.4 the Website and the Style ID Content do not infringe the intellectual property rights of third persons; and/or

13.3.5 the Website is fit for any particular purpose or will meet your requirements or expectations.

13.4 The User acknowledge that, in agreeing to these Terms, the User do not do so on the basis of, and the User do not rely on, any representation, warranty or other provisions except as expressly provided in these Terms, and all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.

13.5 Style ID shall under no circumstances be liable for any costs, expenses, losses and/or damages of any nature (whether direct, indirect, punitive, incidental, special or consequential) arising out of or in any way connected with the User’s use of the Website or reliance on the Style ID Content, loss or corruption of Data, the User inability to use the Website and/or the operational failure of the Website, whether or not such costs, expenses, losses and damages are based on contract, depict, strict liability or otherwise.

14. INDEMNITY

The User indemnifies and hold Style ID, its employees, affiliates, customers, suppliers and subcontractors harmless from and against any third party claims, damages or costs (including reasonable attorney's fees) caused by or attributable to the User’s:

14.1 acts or omissions;

14.2 use of the Website; and/or

14.3 breach of these Terms.

15. GENERAL

15.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.

15.2 In the event that any term or condition in these Terms is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

15.3 This document constitutes the entire agreement between Style ID and the User and supersedes any prior terms of use between Style ID and the User.

15.4 The failure of Style ID to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.5 Any headings or other section names are for convenience only and shall not affect the meanings of any provisions herein.

15.6 Each Party irrevocably consents to the jurisdiction of the High Court of South Africa to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.

15.7 These Terms are personal to the User and the User may not without the prior written consent of Style ID assign, mortgage, charge or dispose of any of his/hers/its rights hereunder, or subcontract or otherwise delegate any of his/hers/its obligations hereunder.

15.8 Any printout of computer evidence tendered by any party, shall be admissible evidence and no party shall object to the admissibility of such evidence purely on the grounds that such evidence is computer evidence or that the requirements of the Electronic Communications and Transactions Act No 25 of 2002 or any other associated legislation have not been met.

15.9 In the event you have questions about this Agreement, please contact us at info@styleid.africa.