Terms & Conditions

WEBSITE TERMS OF USE

SilverSkye Group Proprietary Limited (registration number 2018/468649/07) t/a TrendTribe SA (“TrendTribe SA“, “we“, “us” or “our“) own and operate the TrendTribe SA website and application (“TrendTribe SA Platforms“).

These Terms of Use should be read together with our Privacy Policy https://trendtribe.co.za/privacy-policy-2/ and apply to any user, Brand, Influencer (“you“) that accesses and/or uses the TrendTribe SA Platforms.

In addition, if you are an Influencer or Brand utilising our services, then the terms and conditions contained in the Influencer Agreement and Brand Agreement will apply to you respectively.

1. Acceptance of these Terms of Use

  • These Terms of Use, including our Privacy Policy and all other polices that may be posted on the TrendTribe SA Platforms set out the terms on which we offer you access to use the TrendTribe SA Platforms. All of our policies are incorporated into these Terms of Use.  Your agree to comply with all of our policies and in particular these Terms of Use when you access and use the TrendTribe SA Platforms.
  • It is your responsibility to familiarise yourself with these Terms of Use and to check them regularly for any updates.
  • By accessing the TrendTribe SA Platforms and using our services, you agree to all the terms set out in these Terms of Use, which are designed to make sure that the TrendTribe SA Platforms are useful to everyone. Should you not agree to these Terms of Use, or any of our updates or changes thereto as dealt with below, you should not access or use the TrendTribe SA Platforms.
  • You confirm that you are 18 years or older, or that you have been duly assisted to consent to these terms.

2. Using TrendTribe SA Platforms

  • As a condition of your use of the TrendTribe SA Platforms, you agree that you will not:
    • use the TrendTribe SA Platforms in any manner that could impair the TrendTribe SA Platforms in any way or interfere with any party’s use or enjoyment thereof;
    • distribute viruses or any other technologies that may harm the TrendTribe SA Platforms or the interests or property of TrendTribe SA Platforms users;
    • impose an unreasonable load on our infrastructure or interfere with the proper working of the TrendTribe SA Platforms;
    • copy, modify, or distribute any other person’s content without their consent;
    • use any robot spider, scraper or other automated means to access the TrendTribe SA Platforms and collect content for any purpose without our express written permission;
    • harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person;
    • use the information available on the TrendTribe SA Platforms to contact the Influencers, Brand or other users for any purpose outside of the scope a written agreement concluded with us; and
    • bypass measures used to prevent or restrict access to TrendTribe SA Platforms.
  • We reserve the right at our discretion to restrict a user’s usage of the site either temporarily or permanently, or refuse a user’s registration.

3. Protecting TrendTribe SA Platforms

  • We work to keep the TrendTribe SA Platforms working properly and the community safe. Please report problems, offensive content and policy breaches to us at the following email address nadia@trendtribe.co.za.
  • Without limiting other remedies which might be available to us, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off the TrendTribe SA Platforms if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps is our decision and we do not accept any liability for monitoring the TrendTribe SA Platforms or for unauthorised or unlawful content on the TrendTribe SA Platforms or use of the TrendTribe SA Platforms by users.
  • You also recognise and accept that we are not under any obligation to monitor any data or content which is submitted to or available on the TrendTribe SA Platforms.

4. Content on TrendTribe SA Platforms

The TrendTribe SA Platforms contains content from us and the various Brand and Influencers that use the TrendTribe SA Platforms. The TrendTribe SA Platforms are protected by copyright laws.  Content displayed on or via the TrendTribe SA Platforms is protected as a collective work and/or compilation, pursuant to copyrights laws.  You agree not to copy, distribute or modify content from the TrendTribe SA Platforms without our express written consent.  You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the TrendTribe SA Platforms.  Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the TrendTribe SA Platforms.

5. Liability

  • We do not act as a supplier as contemplated in the Consumer Protection Act, 2008, or otherwise, and we are not the party selling or marketing the goods or services. We only provide the TrendTribe SA Platforms.
  • As explained above, we do not actively monitor data or content. We are not involved in the actual transactions which may subsequently be entered into as a result of viewing any advertisement or following any link on the TrendTribe SA Platforms.
  • We do not operate as a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto for the purposes of, or in connection with, any transaction that may subsequently be entered into after viewing the content on the TrendTribe SA Platforms. We also do not fulfil any of the functions (whether as a whole or in part), of a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto, whether in a direct or indirect manner.
  • The content on the TrendTribe SA Platforms which emanates from Brands and Influencers are not posted by us, we do not guarantee or give any warranty or make any representation as to the accuracy and content of postings or user communications or the quality, safety, or legality of what’s offered, or with regard to the legal capacity of the users that may conduct or complete any transaction.
  • You agree not to hold us responsible for things other Brands or Influencers post or do.
  • In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
  • The TrendTribe SA Platforms contain links to third-party websites which offer certain goods or services. These websites, services and and/or goods are beyond the control of TrendTribe SA.  We are not involved in transactions between the users and the operators of such third-party sites.  TrendTribe SA does not accept responsibility for their content, services and/or products.
  • We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected.
  • While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of the TrendTribe SA Platforms.
  • Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the TrendTribe SA Platforms or our services generally, even if you advise us or we could reasonably foresee the possibility of any such damage occurring.
  • Nothing in these terms shall limit our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.

6. Security

In order to ensure the security and reliable operation of the application for all users, we reserve the right at our discretion to take whatever action we find necessary to preserve the security, integrity and reliability of our network and back-office applications.  Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by TrendTribe SA and its affiliates, agents and/or partners.

7. General

  • These terms and the other policies posted on the TrendTribe SA Platforms constitute the entire agreement between TrendTribe SA and you in relation to your access and use of the TrendTribe SA platforms.
  • This agreement shall be governed by the laws of the Republic of South Africa. You agree that any claim or dispute you may have against us must be resolved by in the courts of the Republic of South Africa.
  • If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive.
  • We may update these Terms of Use at any time and in our sole discretion. Any such change will be effective from the date of being posted on the application.