ADWII Terms and Conditions Last Updated: 21 April 2020

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the ADWII mobile application or website (the “Service”) operated by (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Make sure you also see ADWII documents on Privacy, Intellect Property, Disclaimers and Indemnities.

By accessing or using the ADWII service or any of its websites and applications (collectively, “the Service”), owned by ADWII (Pty) Ltd (reg: 2019/574625/07) (“ADWII”), you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Service remain at all times expressly reserved by ADWII.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms are posted

Introduction to the service

ADWII is an content platform that enables users to earn income by viewing targeted content.

1. 1.1.

   ADWII provides a software service through a mobile app and website, which enables a user to earn income through viewing content.
   Users register their detailed profile information and then receive targeted content. Upon viewing and rating the ad the user is credited with funds in an account.
   Users are also able to invite other users to ADWII, for which they will receive an incentive.

2. 1.2.

   Please see our How Tos and FAQS pages on this website for more detailed information on the Service currently available.

3. 1.4.

   These terms apply to all ADWII customers.

4. 1.6.

   Unauthorised use of ADWII or any breach of these terms by you may prompt a claim for damages against you.

Relationship between the parties

ADWII provides the Service to use at your own own risk.

1. 2.1.

   You use ADWII entirely at your own risk, and you do not pass any of your obligations on to ADWII.

Trial Period (Beta)

ADWII will operate as beta product for a period 3 months from 1st July 2020 to 31st December 2020

1. 3.1.

   ADWII will operate as a beta Service for a period of 6 months, from 1st June 2020 to 31st December 2020

2. 3.2.

   During the trial period errors may occur in the Service, which we will endeavour to correct timeously.

3. 3.3.

   We request that any errors in the Service should be communicated immediately to info@adwii.com

4. 3.4.

   During the beta period the Service may be suspended to correct any errors that may occur.

User registration process)

You register for ADWII using your mobile phone number and email address, which we use to verify you.

1. 3.1.

   ADWII requires a user to complete a registration process to receive a profile. You may only have one profile. You agree to provide accurate, current and complete information when registering and to update it when it changes.

2. 3.2.

   ADWII requires you to submit personal information when registering. You can read more about that information in our Privacy Policy.

3. 3.3.

   To protect your privacy and security, ADWII takes steps to verify your identity when you access the app. You can do this via Google or Facebook, or an emailed link, which you must access on the same device that you use the ADWII app on.

4. 3.4.

   By entering your personal information on ADWII, you confirm that you are the person using ADWII. You are responsible for your profile and activity, and should not share your login details or password with others.

5. 3.5.

   By submitting your personal information to us, you agree that we can use it to allow you access to ADWII.

6. 3.6.

   Please see our Privacy Policy for more details on how we use your personal information.

The Services

1. 4.1.

   For a full explanation of how you can use ADWII, please read the description on our website or email info@adwii.com

2. 4.2.

   To terminate your use of ADWII, please see clause 15 below.

3. 4.4.

   ADWII will disburse funds to customers. Please read our Payment Terms for more information.

Payment for services

ADWII is a free app for users.

1. 5.1.

   There are no fees levied to users for using ADWII.

User responsibilities

ADWII is a free app for users.

1. 6.1.

   By using ADWII, you confirm that you:

   1. 6.1.1.

      have read and agreed to these terms and will use ADWII according to them;

   2. 6.1.2.

      understand and agree that while ADWII is intended to help you in your private capacity, it does not take on any of your obligations or responsibilities;

   3. 6.1.4.

      have not misrepresented yourself and that all information you provide to ADWII is true, accurate and complete;

   4. 6.1.5.

      are at least 16 years old, and/or are legally able and allowed to act on your own, and that you lawfully give us all the information we need for you to use ADWII;

   5. 6.1.6.

      will not post, upload, replicate or transmit any abusive or inappropriate content on ADWII that we think could be considered threatening, harassing, defamatory, abusive, racist, sexist, homophobic, inappropriate, discriminatory, in breach of confidence or privacy, or that may restrict anyone from using ADWII;

2. 6.1.7.

   will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere in any way with ADWII’s operation or functionality. This includes (but is not limited to) uploading or making available files containing corrupt data or viruses; defacing, altering or interfering with ADWII’s front end or the underlying software code;

3. 6.1.8.

   will not infringe ADWII’s or any third party’s intellectual property or other rights, or transmit content that you do not own or do not have the right to publish or distribute;

4. 6.1.9.

   will not use ADWII for any commercial purpose, other than what we expressly provide for;

5. 6.1.10.

   will not use ADWII to breach any law or regulation, to perform or encourage any illegal activity, to promote or facilitate access to the use or sale of illegal services/activities; and

6. 6.1.11.

   will not facilitate or assist any third party to do any of the above.

Payment Terms

ADWII is a free app for users.

1. 7.1.

   ADWII as a platform pays users to view ads, which is paid for by third party advertisers. Funds will accumulate in an ADWII account.

2. 7.2.

   ADWII will only disburse funds once there is at least R 100 in the user’s account.

3. 7.3.

   Funds will be disbursed weekly on Thursday at 12pm by electronic transfer or ATM token.

4. 7.4.

   ADWII will only disburse funds to users if the advertiser has paid for the advertisement.

5. 7.5.

   The first 3 months after launch, 1March-31st May 2020, is a trial period in which ADWII will focus on stabilising its platform and acquiring a critical mass of users. During the trial period disbursements will be made on an adhoc basis.

6. 7.6.

   All queries related to payments to be addressed to admin@adwii.com

Hyperlinks

1. 8.1.

   ADWII may include links to other websites we do not own; thus we are not responsible for, and do not necessarily endorse or agree with the other sites or the information, material, products or services on or accessible through them.

2. 8.2.

   You access and use any other websites available via ADWII at your own risk, and on those websites’ terms.

Advertising

1. 9.1.

   ADWII will contain advertising from third parties. They are responsible for ensuring that material submitted for inclusion on ADWII complies with all applicable laws and regulations.

2. 9.2.

   ADWII is not responsible or liable for any error or inaccuracy in advertising or sponsorship material.

Intellectual Property

1. 10.1.

   All material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, animations, trademarks, designs, copyright and/or service, together with the underlying software code and certain works submitted by you, are owned by ADWII, and are therefore protected from infringement by domestic and international legislation and treaties.

2. 10.2.

   Subject to your rights in these terms, we reserve all other rights to all intellectual property on ADWII. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on ADWII, nor any of the underlying software code, without our written consent.

3. 10.3.

   We can change or improve our intellectual property, information and other materials on ADWII, and can suspend or terminate ADWII at any time without notice; as long as any transactions already concluded through ADWII are not affected.

4. 10.5.

   Where any of our intellectual property has been licensed to us or belongs to any third party, all rights are subject to licensors’ and third parties’ terms and conditions, which you agree to comply with.

5. 10.6.

   As long as you adhere to these terms, we grant you a personal (but not exclusive or transferable) license to use and display all content and information contained in ADWII on any machine which you are the primary user of. However, nothing in ADWII should be construed as granting any licence or right to use any intellectual property without our prior written permission.

Disclaimers and warranties

1. 11.1.

   ADWII and any of its intellectual property is provided “as is” and “as available”. We do not guarantee its accuracy, correctness or suitability.

2. 11.2.

   Any of your information or opinions that are made available on ADWII are yours, not ours. While we make every reasonable effort to present it accurately and reliably, we do not necessarily endorse, approve or certify it, nor do we guarantee that it is complete or accurate.

3. 11.3.

   We are not liable for any loss that may result, directly or indirectly, from you using ADWII or from any information on ADWII.

4. 11.4.

   We are not liable for any financial costs or damages that may result, directly or indirectly, from you accessing or using Kin.

5. 11.5.

   At this stage ADWII complies with only South African laws.

6. 11.6.

   We take reasonable security measures to ensure ADWII safety and integrity. However, we do not guarantee that your access to ADWII will be uninterrupted or error free or that any information, data, content, software or other material accessible through ADWII will be free of bugs, viruses, worms, trojan horses or other harmful components. You use ADWII at your own risk and should take your own precautions.

Indemnities

1. 12.1.

   You indemnify ADWII, and hold ADWII harmless, from any demand, action, application or other proceedings, including for attorneys’ fees and related costs, made by any third party and arising in connection with your use of ADWII.

2. 12.2.

   You agree to indemnify, defend and hold ADWII harmless from any liability, loss, claim or expense (including reasonable legal fees) related to your breach of these terms.

3. 12.3.

   This clause will apply even after this agreement ends.

Company Details

1. 13.1.

   Website owner: ADWII

2. 13.2.

   Legal status: Private Limited Company

3. 13.3.

   Registration number: 2019/574625/07

4. 13.4.

   Directors: Allie Khan, Afzal Dalwai

5. 13.5.

   Description of main business: ADWII provides a content platform that shares income from its clients with the users that view that content.

6. 13.6.

   Telephone number: 0828827999

7. 13.7.

   Email address: info@adwii.com

8. 13.8.

   Website address: www.adwii.com

9. 13.9.

   Physical address: 82 Kromboom Road, Rondebosch East,  7780

Dispute resolution and governing law

1. 14.1.

   Your access and/or use of ADWII, as well as these terms, are governed by the laws of South Africa only.I

2. 14.2.

   If a dispute, disagreement or claim arises about the use of ADWII, you and we will try to resolve it amicably, by negotiation, and with the best interests of both parties in mind.

3. 14.3.

   If the dispute is not resolved amicably or within an agreed time period, you and we will approach an independent industry expert to try to mediate and to find a mutually beneficial solution.

4. 14.4.

   If the dispute is still not resolved, you and we will submit the dispute to arbitration by the Arbitration Foundation of Southern Africa for final resolution in accordance with their rules. The arbitration will be held in Cape Town, South Africa.

5. 14.5.

   As long as it does not contradict anything in this clause (14), you or we can seek relief from any competent court that has jurisdiction.

6. 14.6.

   You and we both agree that neither will publicise the dispute on any social media or other public platform, as publicity of this nature can cause serious damage, which may result in a financial claim against whoever is in breach of this.

Termination of use of website and services

1. 15.1.

   We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

2. 15.2.

   All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

3. 15.3.

   Upon termination, your right to use the Service will immediately cease.

4. 15.4.

   If you wish to terminate your account, you may simply discontinue using the Service.

5. 15.5.

   If you cancel your agreement with ADWII we will disable your profile, and deny access to ADWII.

6. 15.6.

   If we need to be in touch with each other, we’ll use the email address you provided when registering with ADWII, and you should use info@adwii.com

Hyperlinks

1. 8.1.

   ADWII may include links to other websites we do not own; thus we are not responsible for, and do not necessarily endorse or agree with the other sites or the information, material, products or services on or accessible through them.

2. 8.2.

   You access and use any other websites available via ADWII at your own risk, and on those websites’ terms.

Advertising

1. 9.1.

   ADWII will contain advertising from third parties. They are responsible for ensuring that material submitted for inclusion on ADWII complies with all applicable laws and regulations.

2. 9.2.

   ADWII is not responsible or liable for any error or inaccuracy in advertising or sponsorship material.

Intellectual Property

1. 10.1.

   All material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, animations, trademarks, designs, copyright and/or service, together with the underlying software code and certain works submitted by you, are owned by ADWII, and are therefore protected from infringement by domestic and international legislation and treaties.

2. 10.2.

   Subject to your rights in these terms, we reserve all other rights to all intellectual property on ADWII. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on ADWII, nor any of the underlying software code, without our written consent.

3. 10.3.

   We can change or improve our intellectual property, information and other materials on ADWII, and can suspend or terminate ADWII at any time without notice; as long as any transactions already concluded through ADWII are not affected.

4. 10.5.

   Where any of our intellectual property has been licensed to us or belongs to any third party, all rights are subject to licensors’ and third parties’ terms and conditions, which you agree to comply with.

5. 10.6.

   As long as you adhere to these terms, we grant you a personal (but not exclusive or transferable) license to use and display all content and information contained in ADWII on any machine which you are the primary user of. However, nothing in ADWII should be construed as granting any licence or right to use any intellectual property without our prior written permission.

Disclaimers and warranties

1. 11.1.

   ADWII and any of its intellectual property is provided “as is” and “as available”. We do not guarantee its accuracy, correctness or suitability.

2. 11.2.

   Any of your information or opinions that are made available on ADWII are yours, not ours. While we make every reasonable effort to present it accurately and reliably, we do not necessarily endorse, approve or certify it, nor do we guarantee that it is complete or accurate.

3. 11.3.

   We are not liable for any loss that may result, directly or indirectly, from you using ADWII or from any information on ADWII.

4. 11.4.

   We are not liable for any financial costs or damages that may result, directly or indirectly, from you accessing or using Kin.

5. 11.5.

   At this stage ADWII complies with only South African laws.

6. 11.6.

   We take reasonable security measures to ensure ADWII safety and integrity. However, we do not guarantee that your access to ADWII will be uninterrupted or error free or that any information, data, content, software or other material accessible through ADWII will be free of bugs, viruses, worms, trojan horses or other harmful components. You use ADWII at your own risk and should take your own precautions.

Indemnities

1. 12.1.

   You indemnify ADWII, and hold ADWII harmless, from any demand, action, application or other proceedings, including for attorneys’ fees and related costs, made by any third party and arising in connection with your use of ADWII.

2. 12.2.

   You agree to indemnify, defend and hold ADWII harmless from any liability, loss, claim or expense (including reasonable legal fees) related to your breach of these terms.

3. 12.3.

   This clause will apply even after this agreement ends.

Company Details

1. 13.1.

   Website owner: ADWII

2. 13.2.

   Legal status: Private Limited Company

3. 13.3.

   Registration number: 2019/574625/07

4. 13.4.

   Director: Allie Khan

5. 13.5.

   Description of main business: ADWII provides an advertising platform that shares income from its advertisers with the users that view those ads.

6. 13.6.

   Telephone number: (082) 8827999

7. 13.7.

   Email address: info@adwii.com

8. 13.8.

   Website address: www.adwii.com

9. 13.9.

   Physical address: 82 Kromboom Road, Rondebosch East, 7780

Dispute resolution and governing law

1. 14.1.

   Your access and/or use of ADWII, as well as these terms, are governed by the laws of South Africa only.I

2. 14.2.

   If a dispute, disagreement or claim arises about the use of ADWII, you and we will try to resolve it amicably, by negotiation, and with the best interests of both parties in mind.

3. 14.3.

   If the dispute is not resolved amicably or within an agreed time period, you and we will approach an independent industry expert to try to mediate and to find a mutually beneficial solution.

4. 14.4.

   If the dispute is still not resolved, you and we will submit the dispute to arbitration by the Arbitration Foundation of Southern Africa for final resolution in accordance with their rules. The arbitration will be held in Cape Town, South Africa.

5. 14.5.

   As long as it does not contradict anything in this clause (14), you or we can seek relief from any competent court that has jurisdiction.

6. 14.6.

   You and we both agree that neither will publicise the dispute on any social media or other public platform, as publicity of this nature can cause serious damage, which may result in a financial claim against whoever is in breach of this.

Termination of use of website and services

1. 15.1.

   We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

2. 15.2.

   All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

3. 15.3.

   Upon termination, your right to use the Service will immediately cease.

4. 15.4.

   If you wish to terminate your account, you may simply discontinue using the Service.

5. 15.5.

   If you cancel your agreement with ADWII we will disable your profile, and deny access to ADWII.

6. 15.6.

   If we need to be in touch with each other, we’ll use the email address you provided when registering with ADWII, and you should use info@adwii.com