Privacy & Terms of Use
1. PRIVACY POLICY
1.1.We take your privacy seriously and are committed to protecting your Personal Information. This Privacy Policy explains how we Process your Data and how you can check and update any of your Personal Information should you require to do so.
1.2.In South Africa, the Protection of Personal Information Act 4 of 2013 (“POPIA”) is the law that applies to the protection of Personal Information. In Europe, it is the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
1.3.This Privacy Policy has been drafted in accordance with the provisions of POPIA in consideration of the GDPR. This Privacy Policy is to be read together with the Website Terms of Use and any Advertiser Terms of Use, where applicable.
1.4.You agree that by Accessing this Website, you consent to the Processing of your Personal Information as set out further in this Privacy Policy and our Website Terms of Use.
2. Definitions
2.1."Access/Accessing” refers to the Data Subject:
2.1.1. Entering the landing page of the Website
2.1.2. Creating a Profile on the Website;
2.1.3. Logging into an existing Profile on the Website;
2.1.4. Engaging in Brand Engagement Activities on the Website;
2.1.5. Engaging with the Website Content;
2.1.6. Viewing, amending or disabling the Profile; and/ or
2.1.7. Any other means of transacting or engaging with the Website.
2.2“Ad Serving” means the delivery and measurement of advertisements and Brand Engagement Activities through the Website, which may involve contextual or aggregated data and advertising technologies such as cookies or device identifiers. WaaW does not provide Advertisers with direct Personal Information identifying individual Data Subjects, unless required by Applicable Laws or with the Data Subject’s consent;
2.3. “Ad Server” refers to the software used by Panthera Holdings (Pty) Ltd to engage in Ad Serving;
2.4. “Advertiser/s” refers to the producers or suppliers of products and services who have contracted with WaaW to provide Brand Engagement Activities;
2.5. “Advertiser’s Terms of Use” refers to the Terms of Use associated to the Brand Engagement Activity and made available by the Advertiser;
2.6. “Applicable Laws” refers to all applicable laws, statutes, codes, ordinances, decrees, rules, regulations, municipal by-laws, judgments, orders, decisions, rulings or awards, including those that pertain to the jurisdiction in which the Website will be Accessed and operated, or otherwise to the jurisdictions in which business is performed, and/or any government agency or department in such jurisdiction(s);
2.7. “Brand Engagement Activities” refers to the marketing or promotional activities provided by Advertisers which Data Subjects Access and which activities are subject to the Advertiser’s Terms of Use;
2.8. “Child/Children” refers to any person who is under the age of eighteen (18) and who lacks legal capacity to contract;
2.9. “Cookies” refers to the small amount of information generated by the Website and saved by your web browser, which is used by the Website to remember information about you;
2.10.“Data Subject” refers to the customer who Accesses the Website (referred to also as “you” or “your”);
2.11.“Data” includes Personal Information, Usage Data, Location Data and any other information collected via Cookies;
2.12.“WaaW” refers to the digital media web application developed and owned by Panthera Holdings (Pty) Ltd;
2.13.“Panthera Holdings (Pty) Ltd” refers to Panthera Holdings (Pty) Ltd Proprietary Limited, a company duly incorporated and registered in terms of South Africa law, with its principal offices at Hamilton Office Park, 6 Old Main Road, Gillitts, KZN, 3603, RSA (referred to as “we”, “us” or “our”);
2.14.“Location Data” refers to the information about the specific whereabouts of the Device;
2.15.“Mobile Partners” refers to any mobile network operator or mobile virtual network operator which is used by the Data Subject in Accessing WaaW;
2.16.“Reward” refers to the specified amount of airtime that is earned by the Data Subject upon successful completion of a Brand Engagement Activity, transferred to the Data Subject’s registered cell phone number;
2.17.“Personal Information” refers to information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to—
2.17.1. information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
2.17.2. information relating to the education or the medical, financial, criminal or employment history of the person;
2.17.3. any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
2.17.4. the biometric information of the person;
2.17.5. the personal opinions, views or preferences of the person;
2.17.6. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
2.17.7. the views or opinions of another individual about the person; and/ or
2.17.8. the name of the person if it appears with other Personal Information relating to the person or if the disclosure of the name itself would reveal information about the person.
2.18.“Privacy Policy” refers to this document which explains how the Data as obtained from the Data Subject is Processed;
2.19.“Process / Processing” refers to any operation or activity concerning how WaaW treats Data and includes collecting, receiving, recording, storing, organizing, safeguarding, or the use, distribution or sharing of any such information;
2.20.“Pseudonymisation” means the processing of Personal Information in such a manner that the Personal Information can no longer be attributed to a specific Data Subject without the use of additional information;
2.21.“Usage Data” is information automatically sent by and collected from the Data Subject’s web browser of how, when and what the Data Subject interacts with on the Website, such information being generated by Accessing the Website;
2.22.“Website” means the web application of WaaW, Accessed at www.WaaW.co.za;
2.23.“Website Content” refers to all content provided on the Website, for Access by the Data Subject including but not limited to:
2.23.1. Brand Engagement Activities;
2.23.2. Tutorial videos;
2.23.3. Contact information and submission form for WaaW;
2.23.4. Management, tracking and transfer of Rewards to the registered cell phone number;
2.23.5. Policies pertinent to the Website or Brand Engagement Activities.
2.24.“Website Terms of Use” refers to the document which contains the Terms of Use that govern the use of the Website by Data Subjects.
3. WHAT INFORMATION WE PROCESS
3.1. We collect your Data once you Access and as you continue to Access the Website.
3.2. This Data may include but is not limited to:
3.2.1. your full name, unique identification number, e-mail address and cell phone number, your network provider, physical address, home language, usernames and passwords;
3.2.2. products and services, subscription history, websites visited and the uniform resource locator (“URL”) of such websites, the time and date of your visit, the time spent on those pages, unique device identifiers, URL information for market segmentation purposes, data on traffic statistics to and from particular websites and other diagnostic data;
3.2.3. Internet Protocol address (IP Address) from which the connection to the Website was made, browser type, browser version, type of device you use, your device unique ID, your device operating system, the type of Internet browser you use, unique device identifiers;
3.2.4. Information about your current location and previously visited locations, with your express permission;
3.2.5. any other related or similar information relevant for the purposes below.
3.2.6 user’s date of birth at login for the purposes of age verification, eligibility determination, and compliance with Applicable Laws and advertising platform requirements.
3.3. Should your Personal Information change, you are required to inform us of such changes, and you confirm that the Personal Information provided is correct and accurate.
4. HOW WE PROCESS YOUR INFORMATION
4.1. We process your Data to give you the best possible experience when you Access the Website.
4.2. We may process your Data for the following purposes:
4.2.1. provide the Website Content itself;
4.2.2. make the Website Content as effective as possible to suit your needs by measuring and conducting Brand Engagement Activities in connection with your preferences;
4.2.3. take reasonable steps to fulfil any of your requests;
4.2.4. provide you and improve on customer care and support procedures;
4.2.5. update internal records;
4.2.6. improve, enhance, modify, add to, and further develop the Website;
4.2.7. evaluate the effectiveness and efficiency of our marketing for research, training and statistical analysis with the aim of improving our Website;
4.2.8. carry out our obligations and enforce our rights arising from any contracts entered into between us and the Advertisers or Mobile Partners, including for the processing and transfer of the Reward;
4.2.9. reporting or analytical purposes;
4.2.10.monitor the usage of the Brand Engagement Activities;
4.2.11.to prevent and detect criminal activity, fraud and misuse of or damage to our Website, and to prosecute those responsible for such unlawful activity;
4.2.12.to fulfil any other purpose for which you provide it;
4.2.13.ensure that our transactions are, auditable, traceable and secure and retain information which is required by law or from a regulatory perspective; and /or
4.2.14.perform data destruction of your Personal Information in line with POPIA or GDPR, as required.
4.3. We do not disclose your Personal Information to Advertisers and Ad Servers (such as your name, email address or other contact information) unless you specifically consent to such sharing. However, we do provide Advertisers with aggregate statistics about our users, traffic patterns, information about the performance of their Brand Engagement Activities and other Website information that will help them understand how people are interacting with their content. This is done to assist us with personalising and improving your experience and interaction with the Website Content.
4.4. We only disclose your Data to Advertisers for reporting, marketing and analytical purposes in order to provide you with more suitable and improved Website Content.
4.5. We will not use your Personal Information for any other purpose nor will we sell, transfer or disclose your Personal Information to any external persons, unless you expressly consent to such purpose or if required to do so by law. However, we may use a third party to assist us with providing the Website Content, Ad Serving and processing the Reward.
4.6. We may be required to export your Personal Information outside of the Republic of South Africa to Advertisers, but we shall ensure that any Advertisers who process your Personal Information adhere to the principals enshrined in POPIA and Applicable Laws.
4.7. We are not responsible for any website links placed in the Brand Engagement Activities as provided by Advertisers, enabling Data Subjects to click through to web pages that are not under our control. We encourage you to read the content of the privacy policies placed on the web pages to which these links refer. You access these website links at your own risk.
5. SECURITY OF YOUR PERSONAL INFORMATION
5.1. Your Personal Information is Processed using appropriate security measures in accordance with the requirements of Applicable Law.
5.2. We will take all reasonable steps to ensure that appropriate technical and physical safeguards are in place to protect your Data from unauthorised access, use or disclosure. However, we cannot guarantee its absolute security.
5.3. Your Data is processed in a controlled environment while maintaining high standards of protection.
5.4. When your Data is stored by us, we use computer systems with limited access housed in facilities using physical security measures.
5.5. All Data held by us is kept using encrypted storage.
6. RETENTION OF YOUR DATA
6.1. Your Data will only be retained for as long as necessary. The length of time we retain it will depend on any legal obligations we have, (for example if we are required to retain your Data to comply with Applicable Laws) the nature of any contracts we have in place with you or the existence of your consent.
6.2. We will use Pseudonymisation to retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when it is used to strengthen the security or to improve the functionality of our Website.
7. DECLINING THE USE AND PROCESSING OF YOUR DATA
We only process your Data when you Access the Website. So, you may “Opt out” of the Website at any time by uninstalling the Website from your mobile device or contacting us to disable and delete your profile, as provided in our Website Terms of Use.
8. CHILDREN’S PRIVACY
8.1. WaaW permits access by persons under the age of eighteen (18). Where a Data Subject is identified as a child, WaaW will process such personal information only to the extent necessary to provide the website content, maintain account security, comply with applicable laws, and apply age-based protections.
8.2. WaaW does not use Personal Information relating to Children for interest-based advertising, advertising personalisation, profiling, or targeted advertising.
8.3. If a parent or legal guardian believes that a Child has provided Personal Information without appropriate consent (where such consent is required by Applicable Laws), the parent or legal guardian may contact us in accordance with clause 11 below. We will take reasonable steps to investigate and, where appropriate, delete or restrict the Personal Information in accordance with Applicable Laws.
9. "COOKIES" POLICY
9.1. The Website uses Cookies which are essential and strictly necessary for the Website to operate or to provide you with Access and the Website Content.
9.2. These Cookies are used to better adapt the Website to your needs.
9.3. With the help of Cookies:
9.3.1. we are provided with statistical information about user traffic, user activity and how the Website is used;
9.3.2. you are allowed to customize the Brand Engagement Activities to your preferences.
9.4. The content of Cookies does not allow you to be identified and your Personal Information is not processed and stored.
9.5. Advertisers, as a result of proving Brand Engagement Activities on the Website, may incorporate their Cookies in your website browser.
9.6. Most Cookies are automatically deleted from the hard disk of your device after logging out or closing the browser window. Some of the Cookies allow you to be identified when visiting the Website again - these are not automatically deleted and they are saved on your device.
You may, at any time, turn off the service of accepting Cookies in your browser. However, the effect of such a change may cause difficulties associated with the operation of the Website or the Website Content.
10. CHANGES TO THIS PRIVACY POLICY
We reserve our right to update or modify the Privacy Policy, at our sole discretion, at any given time and without prior notice to you. This may be done in response to adhering to legislative or regulatory requirements and ever-changing business needs. Unless otherwise stated, the current version of this Privacy Policy shall supersede and replace any previous versions.
11. CONTACT US
11.1. Questions and comments regarding this Privacy Policy and your Personal Information, including a request to amend or delete your Personal Information, should be sent via e-mail to: info@WaaW.co.za
11.2. If you are not satisfied with the outcome of the above communication, you have the right to lodge a complaint with the Information Regulator, using the contact details listed below:
11.2.1. Phone number: 010 023 5200
11.2.2. Email: General enquiries: enquiries@inforegulator.org.za
11.2.3. POPIA Complaints: POPIAComplaints@inforegulator.org.za
TERMS OF USE
These Terms of Use govern your use of this Website and are binding on anyone who Accesses the Website. By Accessing this Website, you acknowledge that you have read, understood and agreed to these Terms of Use and that you will at all times when Accessing the Website comply with these Terms of Use and all Applicable Laws. If you do not agree to these Terms of Use, you should immediately refrain from Accessing or making use of this Website.
2. Definitions
2.1 "Access/Accessing" refers to the User:
2.1.1. Entering the landing page of the Website;
2.1.2. Creating a Profile on the Website;
2.1.3. Logging into an existing Profile on the Website;
2.1.4. Engaging in Brand Engagement Activities on the Website;
2.1.5. Engaging with the Website Content;
2.1.6. Viewing the Terms of Use provided on the Website;
2.1.7. Viewing, amending or disabling the Profile; and/or
2.1.8. Any other means of transacting or engaging with the Website.
2.2. “Advertiser/s” refers to the producers or suppliers of products and services who have contracted with Panthera Holdings (Pty) Ltd Proprietary Limited to provide Brand Engagement Activities;
2.3. “Advertiser’s Terms of Use” refers to the Terms of Use associated to the Brand Engagement Activity and made available by the Advertiser on the Advertiser’s website;
2.4. “Applicable Laws” refers to all applicable laws, statutes, codes, ordinances, decrees, rules, regulations, municipal by-laws, judgments, orders, decisions, rulings or awards, including those that pertain to the jurisdiction in which the Website will be Accessed and operated, or otherwise to the jurisdictions in which business is performed, and/or any government agency or department in such jurisdiction(s);
2.5. “Brand Engagement Activities” refers to the tasks provided by Advertisers which Users engage with on the Website to gain the specified Reward, such tasks including:
2.5.1. viewing advertisements;
2.5.2. completing surveys;
2.5.3. participating in promotions, competitions and games.
2.6. "Business Days" refers to all days, excluding Saturdays, Sundays and official gazetted public holidays in the Republic of South Africa. When calculating business days, one must exclude the first day on which the event occurs and include the last day;
2.7. “Cookies” refers to the small amount of information generated by the Website and saved by your web browser, which is used by the Website to remember information about you
2.8. “WaaW” refers to the name of the Website developed and owned by Panthera Holdings (Pty) Ltd Proprietary Limited (referred to also as “we”, “us” or “our”);
2.9. “Mobile Partners” refers to any mobile network operator or mobile virtual network operator which is used by the Data Subject in Accessing WaaW;
2.10.“Personal Information” is ascribed the meaning as contained in Section 1 of POPIA and does not include general, statistical, aggregated or anonymised information;
2.11.“POPIA” refers to the Protection of Personal Information Act 4 of 2013;
2.12.“Profile” refers to the account which is registered by the User on the Website to Access the Brand Engagement Activities, which account contains the Registration Data;
2.13.“Registration Data” refers to the Personal Information of the User and User preferences, including but not limited to the Personal Information of the User including:
2.13.1. User’s name and surname;
2.13.2. User’s email address and registered cell phone number;
2.13.3. User’s physical address
2.13.4. User’s gender;
2.13.5. User’s Identification Number;
2.13.6. User’s date of birth; and
2.13.7. User’s home language.
2.14. “Reward” refers to the specified amount of airtime that is earned by the User upon successful completion of a Brand Engagement Activity, transferred to the SIM Card.
2.15. “RICA” refers to the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002;
2.16. “SIM Card” refers to the RICA registered Mobile Partner cellular smart card, which is registered to the User, which cell phone number is utilised by the User to Access the Website and on which cell phone number the converted Reward will be loaded for use;
2.17. “Terms of Use” refers to this document which contains the Terms of Use that govern the use of the Website by Users;
2.18. "User” refers to the customer who utilises the Website (referred to also as “you” or “your”);
2.19. "Website" means the web application of WaaW, Accessed at www.WaaW.co.za;
2.20. “Website Content” refers to all content provided on the Website, for Access by the User including but not limited to:
2.20.1. Brand Engagement Activities;
2.20.2. Tutorial videos;
2.20.3. Contact information and submission form for WaaW;
2.20.4. Management, tracking and transfer of Rewards to the SIM Card;
2.20.5. Policies pertinent to the Website or Brand Engagement Activities.
3. Interpretations
3.1. Any reference to the singular includes the plural and vice versa.
3.2. Any reference to a "person" includes a natural persons, juristic or other corporate entity or any other association of persons.
4. The Website
4.1. General
4.1.1. There is no fee charged to you for use of the Website and it can only be Accessed through an internet enabled device.
4.1.2. You are required to register with the Website and create a Profile. You must provide accurate information about yourself and you warrant that the information provided is accurate, correct and complete. You can only create one Profile (your own). There can only be one profile to one SIM Card.
4.1.3. In order to successfully complete the registration process, you may be required to submit your Registration Data. The use of your Registration Data is dealt with in our Privacy Policy (provided on the Website) which is to be read as part of these Terms of Use.
4.1.4. We reserve the right to vary the Website Content for any reason and cannot guarantee that any specific Website Content will be continued indefinitely.
4.2. Your Profile
4.2.1. You agree that the security of your Profile is solely your own responsibility and you further agree that:
4.2.1.1. you will not share your password, give Access to your Profile to others or transfer your Profile to anyone else (without our permission);
4.2.1.2. you are responsible for maintaining and promptly updating the Registration Data and any other information you provide us with, thereby keeping it accurate, current and complete;
4.2.1.3. if you believe that information or content posted to the Website infringes on any person’s rights in any way, you will notify us immediately;
4.2.1.4. you will immediately notify us if you believe the security of your Profile has been compromised in any way;
4.2.1.5. you will be fully responsible for any misuse or compromise to your Profile which we are not properly notified about; and
4.2.1.6. if any security violations are believed to have occurred in association with your Profile, we reserve the right to suspend your Access pending an investigation and resolution.
4.3. Brand Engagement Activities
4.3.1. By Accessing the Brand Engagement Activities, you agree that:
4.3.1.1. you do so at your own risk;
4.3.1.2. we will not be responsible for the content displayed during the Brand Engagement Activity and, whist we take steps to monitor and remove objectionable content, it remains solely your responsibility not to consume inappropriate content or to prevent underaged Users from Accessing this content where it is within your control to do so;
4.3.1.3. the Advertiser has the sole discretion to create, amend, vary or cancel the Advertiser’s Terms of Use that may be displayed on the Advertiser’s website from time to time;
4.3.1.4. the Brand Engagement Activity is in no way sponsored, endorsed or administered by, or associated with WaaW;
4.3.1.5. if you have any queries regarding the Brand Engagement Activity, such queries are to be forwarded to the relevant Advertiser and/or WaaW on the email address provided in Clause 10 below; and
4.3.1.6. you wholly indemnify us against any claims in respect hereof.
4.4. The Reward
4.4.1. The Reward is determined by us and the Advertiser.
4.4.2. The provision of the Reward is within our sole discretion.
4.4.3. The Reward will only be loaded onto the SIM Card.
4.4.4. If you are found to be fraudulently accumulating Rewards by impersonating multiple Users and therefore defrauding us, you will be banned from the Website permanently and your Profile will be disabled.
4.4.5. There is no guarantee that the Reward will be processed and you agree to wholly indemnify us and the applicable Advertiser against any claims arising therefrom.
5. Access
5.1. General:
5.1.1. You may Access the Website and Brand Engagement Activities for the Reward within the confines of these Terms of Use and the Advertiser’s Terms of Use.
5.1.2. Access by Minors
The Website may be Accessed by Users under the age of eighteen (18). Where required by Applicable Laws, a User under the age of eighteen (18) may only Access the Website with the knowledge and consent of their parent or legal guardian. The parent or legal guardian (where applicable) accepts responsibility for the User’s Access and use of the Website and agrees to be bound by these Terms of Use to the extent required by Applicable Laws.
5.1.3. Our Website is provided "as is" and we cannot guarantee that our Website or your Access will be uninterrupted and/or error free. Our Website or your Access can be affected by factors outside of our control including, amongst other things, inclement weather, power outages, faults experienced by our respective internet service providers, our respective connectivity and the like.
5.2. Limitations of your Access:
5.2.1. We will not permit you Access:
5.2.1.1. if your Profile was previously disabled due to a prior violation of these Terms of Use or any policies as applicable from time to time; or
5.2.1.2. If you are prohibited from Access under Applicable Laws.
5.2.2. We reserve the right to disable your Profile and/or limit your Access should there be a violation of these Terms of Use or any policies as applicable from time to time.
5.2.3. If you are permitted Access, you (or any other person acting through you) may not:
5.2.3.1. Access our Website for or in conjunction with any illegal, unlawful or immoral purposes or for purposes prohibited by these Terms of Use.
5.2.3.2. alter the Website Content or the Brand Engagement Activity in any way whatsoever;
5.2.3.3. engage in any abuse of email or spamming;
5.2.3.4. take any action aimed at deceiving or misleading WaaW, attempt to impersonate any person or misrepresent your affiliation to any person;
5.2.3.5. use the Website in a manner that may infringe the intellectual property rights (for example copyright or trademarks) or other proprietary rights of Advertisers;
5.2.3.6. reproduce any part of the Website in any form (including by electronic or mechanical means, photocopying, recording, or information storage and retrieval) in any manner whatsoever and for any reason whatsoever;
5.2.3.7. use the Website in any manner which could damage, impair, overburden or disable the Website or interfere with any other User’s Access;
5.2.3.8. publish to the Website any viruses or any other destructive features, regardless of whether or not damage is intended;
5.2.3.9. violate the privacy of any User or attempt to gain unauthorised Access to the Website, including (without being limited to) through hacking, password mining or any other means; and/or
5.2.3.10. use the Website to engage in any illegal or unlawful activity.
5.3. Termination of your Access
5.3.1. Should you engage in any one or more of the above practices or in any other way not comply with these Terms of Use, which shall be determined in our sole discretion (and which decision shall be final), we shall be entitled, without prejudice to any other rights we may have, to:
5.3.1.1. without notice, immediately suspend or terminate your Access;
5.3.1.2. hold you wholly liable for any costs or damages we incur as a result of your misconduct;
5.3.1.3. claim specific performance of an obligation by you;
5.3.1.4. notwithstanding our Privacy Policy disclose any information relating to you, whether public or personal, to all affected Advertisers and Users; and/or
5.3.1.5. (where necessary) report you and the prohibited practice to the relevant authority in your jurisdiction.
5.3.2. Should you decide to no longer Access the Website, you may do so by uninstalling the Website from your device, or you may contact us to disable and delete your Profile by giving us 20 (twenty) Business Days’ written notice. Please send your written notice to the email address provided in Clause 10 below.
5.3.3. We may disable your Profile for any other reason (other than clause 5.4 above) by giving you 20 (twenty) Business Days’ written notice.
6. Information and disclosure
6.1. By you Accessing the Website, we will come into possession of Personal Information about you.
6.2. By virtue of your Access, you consent to the sharing of your Personal Information for the purposes below and further specified in our Privacy Policy and you confirm that the sharing of your Personal Information in this regard is necessary.
6.3. We process your Personal Information for the purpose of providing you the Website Content. In this way, we use the Personal Information to personalise and improve your experience on the Website.
6.4. We do not share your Personal Information to Advertisers (such as your name, email address or other contact information) unless you specifically consent to such sharing.
6.5. However, we do provide Advertisers with aggregate statistics about Users, traffic patterns, information about the performance of their Brand Engagement Activities and other Website information that will help them understand how people are interacting with their content.
6.6. We process your Personal Information with our Mobile Partners in order to process your Reward. However, we only share the Personal Information that is necessary for such purpose.
6.7. We may use your Personal Information to prevent and detect criminal activity, fraud and misuse of or damage to our Website, and to prosecute those responsible for such unlawful activity.
6.8. We will not retain your Personal Information for longer than necessary for the purpose for which the Personal Information was collected or for which it is to be processed, unless there is a specific legal requirement to do so.
6.9. We may allocate essential Cookies during the registration process which are strictly necessary for the Website to operate or provide you with the service you request. These Cookies are not intrusive and do not track your activity. By Accessing the Website, you consent to use of these Cookies by WaaW. For more information, please refer to our Privacy Policy.
6.10. Insofar as it is permissible in terms of the Applicable Laws and POPIA, we will treat your Personal Information with the same duty of confidentiality as we treat our own and will require the same or similar treatment from our Advertisers or Mobile Partners.
6.11. We shall take all reasonable steps to protect your Personal Information, even if we export your Personal Information outside for the Republic of South Africa for purposes relating to the Website or Website Content.
6.12. In amplification of the above, we shall take all reasonable steps to ensure that appropriate technical and physical safeguards are put in place to protect your Personal Information for unauthorized disclosure
6.13. Should any of your Personal Information which you have given to us change, you must inform us of the change immediately in writing or update your details on the Website.
6.14. We may need to communicate with you directly from time to time. You agree that we may do so via the Personal Information you have provided in your Profile.
7. Limitation of liability
7.1. To the fullest extent permissible by Applicable Laws, we also disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
7.2. Our liability shall be limited to the fullest extent permitted by Applicable Laws, and under no circumstances will we be liable to you for any lost information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms of Use, the Website or the Website Content, even if we have been advised of the possibility of such damages.
7.3. We do not guarantee that the Website will always be safe, secure or error-free or that the Website will always function without disruptions, delays or imperfections. We are therefore not liable to you or any Advertiser for any disputes, damages, losses or claims, known and unknown, directly or indirectly arising from the use of, or the inability to Access the Website or any functionality thereof, or the Website Content.
7.4. We will not be liable for any disputes, damages, losses or claims you have against any Advertisers or Mobile Partners, or that Advertisers or Mobile Partners may have against you, whether known and unknown, directly or indirectly arising out of or in any way connected to your engagement, interraction or performance which may, directly or indirectly, result from the actions, content, information or data of Advertisers or the Brand Engagement Activities provided on our Website, whether such content is lawful or unlawful, and you irrevocably and unconditionally indemnify us, our directors, shareholders, officers, employees, agents and representatives therefrom.
7.5. You irrevocably and unconditionally indemnify us, and our members, directors, employees, agents and representatives against any claim, loss or damage which you or anyone else may suffer arising directly or indirectly from these Terms of Use, your Access of the Website and the Website Content.
8.Copyright
8.1. The Website Content, including, but not limited to, pictures, photographs used on the Website, software, text, graphics, trade names, logos, trade-marks, designs and service marks or any other material contained in or electronically distributed on the Website, are protected by local and international intellectual property Applicable Laws (whether in South Africa or elsewhere in the world where the Website is Accessed and / or used).
8.2. Copyright in the text, index, Terms of Use, offers, layout and other copyrights works contained on this Website, is owned by or used with permission by Panthera Holdings (Pty) Ltd Proprietary Limited and/or its affiliates, subsidiaries, subcontractors and suppliers.
9. General
9.1. We have defined some of the words which have meanings in clause 2 of these Terms of Use. If there are any words or clauses which you have difficulty understanding, please contact our customer service department at info@WaaW.co.za and we will reply and assist you.
9.2. We reserve the right, in our sole discretion, to amend these Terms of Use at any time, in any way, from time to time. We will publish the amended Terms of Use on the Website. These amendments shall come into effect immediately and automatically once published.
9.3. It is your responsibility to review these Terms of Use regularly and to ensure that you agree with any amendments to these Terms of Use. If you do not agree with any amendments, you must then exercise your right to no longer Access the Website.
9.4. You acknowledge that in Accessing the Website, you have not relied on any promises, representations or other statements made by us or on our behalf.
9.5. These Terms of Use shall be governed in all respects by the Applicable Laws of the Republic of South Africa.
9.6. The Website is controlled, operated and administered by us from our offices within the Republic of South Africa. We make no representation that the Website Content is appropriate or available for use outside of the Republic of South Africa and that Access to the Website will be possible from territories or countries where the Website Content is illegal or prohibited. If you Access this Website from locations outside of the Republic of South Africa, you are responsible for compliance with all local laws and you indemnify WaaW from any damages, claims and obligations arising therefrom.
9.7. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms of Use and the remaining provisions shall be enforced to the full extent of the Applicable Laws.
9.8. Our failure to act with respect to a breach by you or other persons does not constitute a waiver of our right to act with respect to subsequent or similar breaches
9.9. Neither you nor we shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
9.10.These Terms of Use set forth the entire understanding and agreement between you and us with respect to the Website and Access thereto.
9.11. We choose as our domicilium citandi et executandi for all purposes under these Terms of Use, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 6 Old Main Road, Gillitts, 3610, KZN, South Africa and you choose the address provided in your Registration Data.
10. Contact Us
The Website is managed by us. Should you have any queries or comments about the Website, Website Content or our Terms of Use, you may contact us at info@WaaW.co.za or visit www.WaaW.co.za for any further details.
