Terms of Service

1. ACCEPTANCE OF TERMS

Thank you for choosing RedPaint. These Terms of Service or Service (the "Terms") are designed to inform you about your legal rights and obligations regarding your access to and use of the RedPaint website located at www.redpaint.co.za (the "Site"), the RedPaint application (the "App"), and any associated mobile or software applications (the "RedPaint Platform"). This includes, but is not limited to, the delivery of information through the mobile application or website, whether they are currently in existence or developed in the future (collectively referred to as the "Services"), which are linked to these Terms. Your use of the Services signifies your acceptance of these Terms.

These Terms apply to all RedPaint users, both current and future, including but not limited to regular users, moderators, external advertisers, and vendors (the latter are users who have access to a "Vendor Dashboard" for managing their claimed business listing).

Please carefully review these Terms. By accessing or using the RedPaint Platform, you are agreeing to these Terms and entering into a legally binding contract with RedPaint, its affiliates, or any other legal entity it may choose to conduct their business under, collectively referred to as "RedPaint." If you do not agree to the Terms or cannot be bound by them, you may not use the Services. Your use of the Services may carry inherent risks, including the possibility of encountering objectionable or inappropriate content.

To use the Services, you must initially agree to the Terms. You can express your acceptance of the Terms by either:

Clicking on the "accept" or "agree" option or checkbox provided in the user interfaces for a specific Service, where available; or
Actively using the Services. In this instance, you acknowledge and consent to RedPaint considering your use of the Services as an acceptance of the Terms starting from that moment onward.

2. DEFINITIONS

Users

"User" or "You" or "Your" pertains to any individual utilizing the Services. A user encompasses individuals who access or use the Services for purposes such as searching, sharing, rating, displaying, hosting, publishing, transacting, or uploading information or reviews. It also includes other individuals who collectively participate in using the Services. "User" may also collectively encompass "Users," "Moderators," and "Vendors."

Moderators

A "Moderator" or "You" or "Your" may also refer to a User who has upgraded from User status to Moderator status to review certain content to be published on the RedPaint Platform, including but not limited to text, images, photos, videos, menus, pricelists, location data, phone numbers, and email addresses, that Vendors and advertisers intend to publish on the RedPaint Platform.

Vendors

A "Vendor" or "You" or "Your" designates a merchant or business entity that has listed itself on the RedPaint Platform. Vendors utilize the Service on the RedPaint Platform to promote their businesses, special offers, events, rewards, gifts, location data, contact details, and various other forms of information or data.

Content

"Content" encompasses a wide range of material, including (but not limited to) user reviews, images, photos, audio, video, location data, contact details, business names, business descriptions, places, and various other forms of information or data.

"Your content" or "User Content" or “Vendor Content” signifies the content that you upload, share, or transmit to, through, or in connection with the Services. This includes likes, ratings, reviews, bookmarks, images, photos, messages, profile information, location data, and any other materials that you publicly display or have displayed in your account profile.

"RedPaint Content" denotes the content that RedPaint generates and makes available in association with the Services. This encompasses visual interfaces, interactive features, graphics, designs, logos, images, photos, compilation, computer code, products, software, aggregate ratings, reports, and other usage-related data linked to activities associated with your account. It covers all other elements and components of the Services, excluding Your Content and Vendor Content, as well as any other Third Party Content.

"Third Party Content" refers to content that originates from entities other than RedPaint or its users and is accessible on the Services.

3. ELIGIBILITY TO USE THE SERVICES

By accessing and using the Services, you affirm and warrant that you are at least eighteen (18) years of age or older, and you possess the full ability and competence to comprehend and consent to the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms.
Compliance with Laws:
You further assert that you are in full compliance with all the laws and regulations of the country in which you reside when you access and use the Services. You agree to utilize the Services exclusively in accordance with these Terms and the applicable laws. Moreover, you commit to using the Services in a manner that does not infringe upon our legal rights or the rights of any third party(ies).

4. CHANGES TO THE TERMS

RedPaint reserves the right to modify, amend, change, or update these Terms at its sole discretion. It is your responsibility to periodically review these Terms and ensure ongoing compliance with them. Should there be any amendments or alterations to the Terms, your continued use of the RedPaint Platform will be considered as your explicit acceptance of the revised terms, and you agree to be bound by these modified or amended Terms.

5. TRANSLATION OF THE TERMS

RedPaint may offer translations of the English version of the Terms into other languages. You acknowledge and agree that any translations of the Terms into other languages are provided solely for your convenience, and the English version will govern the terms of your relationship with RedPaint. In the event of any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms will take precedence over the others.

6. PROVISION OF THE SERVICES OFFERED BY RedPaint

RedPaint is continuously evolving to provide the best possible experience and information to its users. You acknowledge and agree that the nature and features of the Services offered by RedPaint may necessitate certain changes. Therefore, RedPaint reserves the right to suspend, cancel, or discontinue any or all products or services at any time without prior notice. RedPaint may also make modifications and alterations to the content, products, and services on the RedPaint Platform without prior notice.
Additionally, we, the software, or the software application store that provides the software for download, may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software do not permit the transmission or use of upgrades or updates, you consent to us or the relevant software or software application store notifying you of the availability of such upgrades or updates and automatically delivering them to your device or computer periodically. You may be required to install certain upgrades or updates to the software to continue accessing or using the Services, including those intended to resolve issues with the Services. Any updates or upgrades provided by us under these Terms are considered part of the Services.
It's important to acknowledge that if RedPaint disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content contained within your account.
You acknowledge and agree that while RedPaint may not have currently established a fixed upper limit on the number of transmissions you can send or receive through the Services, RedPaint reserves the right to establish such fixed upper limits at any time, at its discretion.
By utilizing RedPaint's Services, you consent to the following disclaimer: The Content provided on these Services is intended for informational purposes only. RedPaint disclaims any liability for information that may have become outdated since the last update. RedPaint retains the right to make changes and corrections to any part of the Content on these Services without prior notice. RedPaint does not guarantee the quality of any services or goods, the accuracy of prices listed in any offers or menus or pricelists, or the availability of all menu or pricelist items at any Vendor. Unless explicitly stated otherwise, all images and information found on these Services are believed to be owned by or licensed to RedPaint or the users who published them.

If you are the copyright owner of any Content on these Services and believe that its use violates your copyright in any way, please send a takedown request using the "Get In Touch" form on the home page of our website at RedPaint. Please specify the exact URL of the webpage in your request. All images displayed here have been digitized by RedPaint, and no other party is authorized to reproduce or republish these digital versions in any format without the prior written permission of RedPaint.
RedPaint retains the right to impose subscription and/or membership fees on a user, with reasonable prior notice, for any product, service, or aspect of the RedPaint Platform in the future.
Furthermore, RedPaint may occasionally introduce referral and/or incentive-based programs for its Users (the "Program"), such as but not limited to offering loyalty points for taking certain actions, which are redeemable for rewards. These Programs may be subject to their specific terms and conditions. When participating in the Program, Users, Moderators, and Vendors are bound by both the Program's terms and conditions and the RedPaint Platform's Terms. It's important to note that RedPaint reserves the right to terminate or suspend a User's account, credits, loyalty points earned, or participation in the Program if RedPaint, at its sole discretion, determines that the User has violated the Program's rules, contravened the Program terms, the Terms of the RedPaint Platform, or has engaged in fraudulent or unlawful activities. Furthermore, RedPaint reserves the right to modify, cancel, or discontinue its Program without prior notice to the User.

7. USE OF SERVICES BY YOU

Your RedPaint User Account, including ‘Your Business Listing’ and Access

Account Creation and Use of Personal Information: To access certain features of the Services, including 'your business listing', you are required to create an account (sign up). Any personal information you provide during the account creation process is subject to our Privacy Policy. It's essential to maintain the confidentiality and security of your account, password, and all actions conducted through your account, including any changes and updates.
Additionally, you may have the option to register for the Services by logging in using your credentials from specific third-party social networking sites (e.g., Facebook). By doing so, you confirm that you own the social media account and have the authority to share your social media login details with us. You grant us permission to gather your authentication information and any other available information from your social media account, following your relevant settings and instructions.
Account Creation Responsibilities: When creating a standard user account, you affirm that all information provided during the registration process is accurate, truthful, and up-to-date. You must promptly update your information to maintain its accuracy. Impersonation of others, the creation of accounts for anyone other than yourself, the use of email addresses belonging to others, the creation of multiple accounts (unless expressly authorized by us), or the use of false information to gain access to a business listing on the Services that you are not legally entitled to claim is strictly prohibited.
For those creating or claiming a business listing account (vendor) (either voluntarily or through an invitation to use the Services), you must also ensure that all information provided is true, accurate, and current. If you are creating a business listing account, you represent that you are the owner or authorized agent of the business in question. Impersonation, creating accounts for businesses other than your own or which you are authorized to, using email addresses not belonging to you, creating multiple business listing accounts for the same business with varying credentials (duplication) without authorization, or providing false information to access a business listing on the Services that you are not legally entitled to are all strictly prohibited. Please be aware that falsely claiming a business listing can result in substantial economic damages and losses to such business and RedPaint or third parties, for which you may be held accountable.
Account Responsibilities and Unauthorized Use: You are solely responsible for all activities carried out in your account. In the event of any unauthorized use of your account, you agree to promptly notify us so that we can take necessary corrective measures. You also commit to not permitting any third party to use your RedPaint account for any purpose, and you acknowledge your liability for any unauthorized access.
Communication Consent: Upon creating an account or business listing account, you consent to receiving certain communications related to the RedPaint Platform or Services. These communications may include email messages, sms messages, and push notifications from RedPaint, Vendors, invitations, and shared information from other users. You have the option to opt out or manage your preferences for non-essential communications through your device or your account settings on the RedPaint Platform.
Vendor Account and Moderation: If you create a business listing (Vendor account), you may also have a separate user account (non-Vendor). However, you are prohibited by our software from upgrading to become a Moderator when you also have a Vendor account. As a Vendor, you agree not to engage in any form of self-moderation of your business listing (Vendor account). The moderation of your business account is conducted exclusively by an independent Moderator who is systematically assigned and most likely not related or associated with you (the Vendor) in any way. Any attempt to moderate your own business account will result in immediate removal or termination of your business listing and/or personal user account from the RedPaint Platform. Additionally, RedPaint may hold you liable and accountable for any significant damages and losses whatsoever suffered by RedPaint or any Third Party due to your actions.
Connecting with Vendors:
Telephonically: In order to facilitate direct connections between you and Vendors, Vendors may furnish a telephone number on our Service that you can call to establish a direct connection with the Vendor's phone line. It's important to note that Vendors may or may not record all information related to your call, including voice recordings of the conversation taking place between you and the Vendor. These recordings may be created for the Vendor's internal purposes and for enhancing customer service. It is the Vendor's legal obligation to inform you about such recordings. If you do not wish for your information to be recorded in this manner, please communicate your preference to the Vendor during the call.

Contact Form (Booking/Inquiry): To facilitate Users in making bookings or inquiries with Vendors, a contact form is available on the Vendor's profile pages in the App. Users are expected to use this form solely for its intended purpose. Users who misuse this contact form for any other purpose, such as, but not limited to, promoting their own business, products, or services to Vendors, will be promptly blacklisted by RedPaint, and their accounts will be blocked or deleted.
Proper Use of the Services: You commit to using the Services only for purposes that are permitted by (a) the Terms and (b) any applicable laws, regulations, or generally accepted practices or guidelines in the relevant jurisdictions.
Use of RedPaint Data: You agree to utilize the data owned by RedPaint (as accessible through the Services or other means like API) strictly for personal use or personal purposes and not for any commercial use, unless otherwise agreed upon in writing with RedPaint, except in accordance with the access provided for 'Your Business Listing'.
Accessing the Services: You agree not to access (or attempt to access) any of the Services through any means other than the interface provided by RedPaint, unless you have received specific permission to do so through a separate agreement with RedPaint. You explicitly agree not to use any automated means (including scripts or web crawlers) to access the Services, and you shall adhere to the instructions outlined in any robots.txt file present on the Services.
Disruption of Services: You pledge not to engage in any activities that interfere with or disrupt the Services, including the servers and networks connected to the Services. You shall refrain from deleting or altering any material or information posted by other Users, and you shall not engage in spamming, which includes unsolicited emailing, posting, or messaging, among other forms of communication.

8. LOCATION SERVICES AND PERMISSIONS

By using the RedPaint mobile application (the "App"), you are prompted to grant RedPaint and its affiliates (collectively referred to as "RedPaint") permission to track and allocate your mobile device's geo-location information for the purpose of providing you with personalized and location-based services and enhancing your overall experience with the App. This includes, but is not limited to, features that help you discover and interact with businesses and services in various locations and in close proximity.
RedPaint will collect and process your geo-location data in accordance with its Privacy Policy, which outlines how this information is used, stored, and protected. You have the option to manage your location preferences within the App's settings or through your mobile device's settings at any time.
Please be aware that the accurate determination of your location is vital for certain App functionalities. If you choose to disable or limit geo-location tracking, some features of the App may not function as intended.
LOCATION INFORMATION AND HOW TO OPT OUT

RedPaint requires your permission to access your device’s GPS location (including latitude and longitude) even when the app isn’t actively in use (known as background location access). This feature enables us to send you real-time push notifications about nearby promotions and events, ensuring you receive timely and relevant offers wherever you are.

For instance, if a vendor is hosting a karaoke night starting in an hour and uses RedPaint’s Instant Boost feature to immediately notify users within a specific radius, you will receive the push notification. This happens because your device’s location is updated in the background, even when you’re not actively using the app.

Permission for Background Location Services

Purpose of Background Location Access:

Allows RedPaint to deliver real-time promotions and push notifications initiated by vendors.
Ensures you receive timely and relevant offers while you’re on the move and in close proximity to vendor locations.

Privacy Assurance:

Your background location data is used solely to enhance your app experience.
We do not store your location data long-term.
Your data is not shared with any third parties.

User Control:

You are in full control of this feature.
You can disable background location services at any time by adjusting your settings in the Preferences section.

By continuing to use the App, you acknowledge and give consent to the collection and utilization of your geo-location data as described herein and in RedPaint's Privacy Policy.

9. CONTENT

Ownership of RedPaint Content and Proprietary Rights

We are the exclusive copyright owners of the Services and our Content. We hold the copyrights, trademarks, service marks, logos, trade names, trade dress, and all other intellectual and proprietary rights (collectively referred to as "IP Rights") associated with the Services and RedPaint Content. These IP Rights may be protected by copyright, patent, trademark, and other relevant intellectual property and proprietary rights and laws on a global scale.
You acknowledge that the Services consist of original works, meticulously developed, compiled, prepared, revised, selected, and arranged by us and other contributors. This has been achieved through the application of methods and standards of judgment that have been developed and applied through substantial investments of time, effort, and financial resources. The Services represent valuable intellectual property owned by RedPaint and other contributors.
Additionally, you recognize that the Services may contain information designated as confidential by RedPaint, and you agree not to disclose such confidential information without RedPaint's prior written consent. Such information may include, but is not limited to, the moderator reporting on commission earnings, which reports are accessible only by the Moderator through their account on the App, which may reveal a vendor's expenses on the RedPaint Platform.

Protection of Proprietary Rights:
You undertake to safeguard RedPaint's proprietary rights as well as the proprietary rights of all other parties holding rights in the Services both during and after the term of this agreement. You agree to comply with all reasonable written requests made by us, our suppliers, and licensors of content, or any other entity involved, to protect their contractual, statutory, and common law rights in connection with the Services.
You explicitly acknowledge and agree that RedPaint (or RedPaint's licensors) possesses all legal right, title, and interest in and to the Services, including any IP Rights associated with the Services, regardless of whether these rights are registered or not and irrespective of where they may be recognized in the world.
Furthermore, you recognize that the Services may encompass information that is marked as confidential by RedPaint, and you commit to not disclosing such confidential information to any third party whatsoever without obtaining RedPaint's prior written consent.
Unless expressly agreed upon in writing with RedPaint, these Terms do not grant you any rights to utilize RedPaint's trade names, trademarks, service marks, logos, domain names, or any other distinctive brand features.
You agree not to employ framing techniques to enclose any trademark, logo, or other proprietary information belonging to RedPaint. Additionally, you must not remove, conceal, or obliterate any copyright or other proprietary notice or source identifier, including, but not limited to, altering the size, color, location, or style of any proprietary mark(s). Any violation of this clause will result in appropriate legal action against you in the appropriate forum, seeking all available remedies under the applicable laws of the country where the violation occurs.
Modification and Use of RedPaint's Content: You are not permitted to modify, reproduce, publicly display, or exploit in any form or manner any of RedPaint's Content, in whole or in part, unless expressly authorized by RedPaint in writing.
Limited Warranty Regarding Third-Party Rights: To the fullest extent allowed by applicable law, we do not warrant or represent that your use of materials displayed on the Services will not infringe upon the rights of third parties who are not owned by or affiliated with us. You agree to promptly notify us upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, intellectual, statutory, or common law rights. Instructions for reporting such claims can be found in section 17 below.

Your License to RedPaint Content

Limited License to Use the Services: We grant you a personal, limited, non-exclusive, and non-transferable license to access and utilize the Services solely as explicitly permitted in these Terms. You are prohibited from using the Services for any unlawful purpose or in any manner inconsistent with these Terms.

Personal, Non-commercial Use: You may access and use information provided through the Services solely for your personal, non-commercial use.

Restrictions on Usage: You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements or other works, sell, promote, create derivative works from, or in any way exploit, or allow others to exploit, any portion of RedPaint Content, whether in whole or in part, unless such use is expressly authorized by us in writing.

No Other Rights Granted: Except for the rights expressly granted in writing, we do not provide you with any other express or implied rights or licenses related to the Services, RedPaint Content, or our IP Rights.

Consequences of License Violation: Any violation of the license provisions outlined in this section may result in the immediate termination of your right to use the Services. Moreover, depending on the circumstances, such violation may lead to potential liability for copyright and other IP Rights infringement.

RedPaint License to Your Content

Grant of License for Your Content:

By submitting Your Content, you grant RedPaint a perpetual, irrevocable, worldwide, non-exclusive, fully paid, royalty-free, assignable, sub-licensable, and transferable license and right to use Your Content. This license extends to content shared by any business user with access to a 'Vendor business page' for managing business listings or any other form of content shared by users. RedPaint is granted the right to use Your Content and all associated intellectual property rights for any purpose, including potential API partnerships with third parties, and in any media that currently exists or may exist in the future. Additionally, as a vendor, you grant RedPaint the right to generate commission reports for Moderators to monitor their commission earnings on the Platform. These reports may reveal your expenses on the RedPaint platform, and it is understood that Moderators are not at liberty to disclose this information to any third party.

Definition of "Use": The term "use" encompasses actions such as using, copying, displaying, distributing, modifying, translating, reformatting, incorporating into advertisements and other works, analyzing, promoting, commercializing, creating derivative works, and, in the case of third-party services, permitting their users and others to engage in similar actions with Your Content.

Use of Your Name or Username: You grant us the right to use the name or username that you submit in connection with Your Content.

Waiver of Moral Rights: You irrevocably waive, and will cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content, when used by RedPaint or its Users, third-party services, and their users. This waiver applies to any such claims brought against RedPaint or its associates.

Representations Regarding Your Content or any User Content

Responsibility for Your Content (Vendor-Specific): As a Vendor, you are solely responsible for Your Content. You represent and warrant the following:

Ownership or Permission: You are the sole author of, own, or otherwise possess all the rights to Your Content, or you have obtained explicit permission from the rights holder to submit Your Content.
Originality: Your Content was not copied from or based in whole or in part on any other content, work, or website.
Non-automation: Your Content was not submitted through the use of any automated process, such as a script or bot.
Non-infringement: The use of Your Content by us, third-party services, and our or any third-party users will not violate or infringe upon any of your rights or the rights of any third party.
Truthfulness and Accuracy: Your Content is truthful and accurate.
Compliance: Your Content does not contravene our Content Guidelines or any applicable laws.

Assumption of Risks: You assume all associated risks with Your Content, particularly as a Vendor. This includes any reliance placed on its quality, accuracy, or reliability, as well as any disclosure of personally identifiable information in Your Content. While we reserve the right to remove Content, we do not have control over the actions or Content posted by our users. Furthermore, we do not guarantee the accuracy, integrity, or quality of any Content.

User-Generated Content Liability: You acknowledge and agree that Content posted by users, and any liability arising from such Content, is the sole responsibility of the user who posted the content. This responsibility lies with the user and not with RedPaint or any Moderator.

Content Removal

Content Removal and Discretion: We retain the right, at our discretion and without prior notice, to remove, block, or disable access to any Content that we find, for any reason or no reason, to be objectionable, in violation of the Terms, or otherwise detrimental to the Services or our users. This decision is made at our sole discretion.

Return of Your Content: Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances.

Deletion of Vendor Content: Furthermore, both RedPaint and a Vendor reserve the right to delete any images and pictures that form part of Vendor Content from the Vendor's listing page, at the sole discretion of RedPaint (and the Vendor).

Third Party Content and Links

Third-Party Content Disclaimer: The Services may include or link to materials belonging to third parties, such as third-party advertising banners. Please be aware that your use of such third-party services will be subject to the Terms of Service and Privacy Policy applicable to the respective third party.

Data Sourcing: We may acquire business addresses, phone numbers, and other contact information from third-party vendors who gather their data from public sources.

Limited Control and Responsibility: We exercise no control over, and make no representation or endorsement regarding the accuracy, relevance, copyright compliance, legality, completeness, timeliness, or quality of any products, services, advertisements, or other content that appears in or is linked to from the Services. We do not pre-screen or investigate third-party material before or after its inclusion on our Services.

Right to Make Improvements or Corrections: We reserve the right, at our sole discretion and without any obligation, to enhance or rectify any errors or omissions in any part of the content available through the Services. We may also, when appropriate and at our sole discretion, validate or moderate any updates, modifications, or changes to any content accessible through the Services. However, we shall not be liable for any delay or inaccuracies related to such updates.

External Sites and Resources: You acknowledge and agree that RedPaint is not accountable for the availability of such external sites or resources and does not endorse any advertising, products, or other materials found on or accessible from these websites or resources.

No Endorsement or Certification: None of the content provided by the providers or licensors of third-party content available through the Services is endorsed or certified by RedPaint. We assume no responsibility or liability for Your Content or any third-party content.

Loss or Damage Disclaimer: You further acknowledge and agree that RedPaint is not liable for any loss or damage that you may incur as a result of the availability of these external sites or resources or due to any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on or available from these websites or resources. This includes, without limitation, any liability for offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

10. CONTENT GUIDELINES AND PRIVACY POLICY

Content Guidelines

You declare that you have read, understood and agreed to our Content Guidelines related to Content.

Privacy Policy

You acknowledge that you have read, understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the general public.

11. RESTRICTIONS OF USE

Without limiting the generality of these Terms, in using the Services, you specifically agree not to post, submit or transmit any content or engage in any activity that, in our sole discretion:

Violate our Content Guidelines;
Post content that is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
Contains material that violates the standards of good taste or the standards of the Services;
Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
Violates the rule that, a Vendor may not use a different user account to represent itself as a Moderator, to moderate the content of your own business listing (Vendor) account or that ;
Accuses others of illegal activity, or describes physical confrontations;
Alleges any matter related to health code or safety violations requiring healthcare department reporting. Refer to our Content Guidelines for more details about health- and safety code violations.
Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
Attempts to impersonate another person or entity;
Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
Asserts or implies that Your Content is in any way sponsored or endorsed by RedPaint;
Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
Falsely states, misrepresents, or conceals your affiliation with another person or entity;
Accesses or uses the account of another user without permission;
Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
“Hacks” or accesses without permission our proprietary or confidential records, records of another user, or those of anyone else;
Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use, of the Services;
Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
Collects, accesses, or stores personal information about other users of the Services;
Is posted by a bot;
Harms minors in any way;
Threatens the unity, integrity, defense, security or sovereignty of South Africa or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
Attempts to do any of the foregoing.

You acknowledge that RedPaint has no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body

You hereby agree and assure RedPaint that the RedPaint Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of RedPaint in any form or manner whatsoever.

Any Content uploaded by you, shall be subject to relevant laws of the Republic of South Africa and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the RedPaint Platform, RedPaint shall have the right to immediately block your access and/or terminate your usage of the RedPaint Platform and RedPaint shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

12. USER FEEDBACK

If you share or send any ideas, suggestions, changes or documents regarding RedPaint’s existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) RedPaint is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) RedPaint may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against RedPaint and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.

Please provide only specific Feedback on RedPaint’s existing products or marketing strategies; do not include any ideas that RedPaint’s policy will not permit it to accept or consider.

Notwithstanding the abovementioned clause, RedPaint or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to RedPaint or any of its employees. The purpose of this policy is to avoid potential misunderstandings or disputes when RedPaint’s products or marketing strategies might seem similar to ideas submitted to RedPaint. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.

Terms of Idea Submission

You agree that: (1) your Submissions and their Contents will automatically become the property of RedPaint, without any compensation to you; (2) RedPaint may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for RedPaint to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

13. ADVERTISING

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by RedPaint on the Services are subject to change without specific notice to you. In consideration for RedPaint granting you access to and use of the Services, you agree that RedPaint may place such advertising on the Services.

Part of the mobile application (and site) may contain advertising information or promotional material or other material submitted to RedPaint by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the RedPaint Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than RedPaint found on or through the RedPaint Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. RedPaint will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the RedPaint Platform and mobile application.

14. ADDITIONAL TERMS AND CONDITIONS FOR USERS USING THE VARIOUS SERVICES OFFERED BY RedPaint

A. LOYALTY POINTS:

Users will earn loyalty points on the service;
1. when sharing (on platforms available from the Service or your device) information regarding the RedPaint application Services or inviting new businesses (Vendors) to make use of the RedPaint services – these loyalty points earned by the user are referred to as RedPaint Loyalty Points ("RPLP"), which loyalty points are redeemable for rewards at the premises (place of business) of participating Vendors that offer rewards for such RPLPs.
2. when sharing (on platforms available from the Service or your device) information of any Vendor’s business page, special offer or event - these loyalty points earned by the user are referred to as Vendor Related Loyalty Points ("VRLP") - which loyalty points are redeemable for rewards at the establishment (place of business) of the associated Vendor that offers rewards.
The number of loyalty points that a User earns for a certain action (share, invite, etc.) are determined by RedPaint’s sole discretion and can be changed or limited at any time without prior notice.
Vendors may change from time to time (closing their account or be terminated from the Service), in which case you acknowledge and agrees that you shall lose all loyalty points you accumulated with such Vendor(s) and that you shall have no claim against RedPaint to reclaim any lost loyalty points.

B. REWARDS:

The Vendor may or may not make rewards available to Users. User can redeem their loyalty points to obtain such rewards by making use of the interface provided in the App.
It is the Vendor’s prerogative to determine the value (in loyalty points) of any reward offered by the Vendor. Therefore, the Vendor must ensure that the value (number of loyalty points) it requires for a reward, justifies the user’s efforts to earn those loyalty points. For example, a Vendor may determine that it will offer a coffee (or desert or beer) as a reward for 100 (one hundred) loyalty points. The User must then earn a total (or more) of 100 loyalty points in order to redeem those loyalty points for such reward.
Rewards are normally offered by Vendors only for a limited period of time. As a user, it is your responsibility to check on the Vendor’s profile page in the App to check which rewards are available.
It is the sole responsibility of participating Vendors to honor their promise of rewards and free gifts and provide it to users for the duration it is promoted on their profile page. RedPaint is only a conduit between users and the Vendor. RedPaint shall not be liable for any acts or omissions on part of the Vendor including deficiency in service, being out of stock, quality of goods, time taken to provide/deliver, etc.

C. REDEEMING LOYALTY POINTS:

Any loyalty points (RPLP and VRLP) can only be redeemed for a reward by a User at the physical place of business (the "Establishment") of a participating Vendor who offer rewards.
When redeeming any loyalty points with a Vendor for a reward, you shall be required to provide evidence that you do qualify for such reward by presenting your loyalty points (RPLP or VRLP), which are displayed in the App (RedPaint application) on your mobile device, to the Vendor or its representative (employee, attendant, waiter, etc.). By providing these details, you express your acceptance to RedPaint’s terms and Privacy Policy.
Loyalty Points cannot be exchanged for any other service, product or cash, other than what the Vendor offers on the Service or agreed upon by the Vendor.
Another precautionary measure to prevent users from exploiting the rewards program and potentially exploit a vendor, is by regulating the redeeming of rewards by the following rules:
1. To be eligible to redeem loyalty points (LPs) for any reward, users are required to purchase any product or service from the vendor. Vendors cannot set a minimum or maximum transaction amount for such purchases.
2. A User may redeem its LPs for any reward for each person in its group, as long as a product or service is purchased from the vendor for each person in the group.
3. The loyalty program allows users to redeem LPs only once every 24 hours. In other words, if a user or any other person(s) in its group received a reward, regardless of who redeemed their LPs, the user or such person may only redeem LPs again after 24 hours (the Vendor must keep track of such users).
4. IMPORTANT: Users seeking to redeem LPs for multiple rewards (as outlined in point 2 above) must follow the process of redeeming each reward individually. This requires users to repeat the Redeem process in the App for each reward they wish to redeem. This ensures that LPs are deducted from the User's balance for each redeemed reward and accurately recorded in the Vendor's reporting for redeemed items.
  
  Enforcing these rules is the responsibility of the Vendor.
Disclaimer: The liability to fulfil the Vendor’s offer of rewards rests solely with the Vendor and RedPaint shall in no manner be liable if the Vendor does not honor any of its offer(s). However, in the event the Vendor refuses to honor any reward offer in accordance with these Terms, please reach out to us at This email address is being protected from spambots. You need JavaScript enabled to view it. and we shall use our best endeavour to assist you.

D. PRICING, COMPENSATION AND PAYMENT:

Pricing: You (Vendor) pays RedPaint for promoting your special offers and events (running campaigns) to a select target audience. The cost for every campaign is automatically calculated by the software system, based on the number of users that are included in your selected target audience. The pricing (rate or fee) per single user, included in such campaign, is solely determined by RedPaint and may be changed from time to time without any prior notice to you.
Compensation: Moderators are paid a compensation fee by RedPaint for their moderation services provided to RedPaint subject to the Moderator Agreement (available HERE) between you and RedPaint, which agreement you accepted when you upgraded from User to Moderator. This compensation is applicable and calculated only for the Vendors linked to your user account and is based on a percentage (%) of the amount of money that such Vendor(s) pay RedPaint for running campaigns. The percentage of the compensation is solely determined by RedPaint and may be changed by RedPaint from time to time without any prior notice to you.
Payment: RedPaint is utilizing the services of a third party payment gateway (PayFast for South Africa) to receive payments from Vendors and to make payments to Moderators. For the purpose of making payments to Moderator, Moderators are required to register a PayFast merchant account (linked/verified to their bank account) and to provide RedPaint on the Service with such account details (their PayFast merchant ID) as may be required. Moderators can make withdrawals or payments from their PayFast account as they wish and as permitted by PayFast policies. We DO NOT collect or store any of your bank or credit card information during transactional processes – see our Privacy Policy.

15. ADDITIONAL TERMS AND CONDITIONS FOR USERS USING THE VARIOUS SERVICES OFFERED BY RedPaint

Disclaimer of Warranties

You acknowledge and agree that the Services are provided "as is" and "as available" and that your use of the Services shall be at your sole risk. To the fullest extent permitted by applicable law, RedPaint, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors ("RedPaint Parties") disclaim all warranties, express or implied, in connection with the services including mobile apps and your use of them. To the fullest extent permitted by applicable law, the RedPaint Parties make no warranties or representations that the services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the Services' Content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, (vi) any loss of your data or content from the services and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. The RedPaint Parties will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or Services. You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the services. No advice or information, whether oral or written, obtained by you from RedPaint or through or from the Services shall create any warranty not expressly stated in the terms. Unless you have been expressly authorized to do so in writing by RedPaint, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the RedPaint Parties be liable to you for any damages resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services including mobile app, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, (vi) any loss of your data or content from the services (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the RedPaint Parties are advised of the possibility of such damages, and/or (viii) the disclosure of information pursuant to these terms or our privacy policy, (ix) your failure to keep your password or account details secure and confidential, (x) loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services. In no event shall the RedPaint Parties be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

Furthermore, unless otherwise agreed to in writing by RedPaint, the total liability of the RedPaint Parties to you for any cause of action you take against the RedPaint Parties will at all times be limited to fifty dollars ($50.00).

Some countries and jurisdictions do not allow the limitation or exclusion of consequential, direct, indirect, or other damages and to the extent you are a consumer the limitations or exclusions in this section may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless the RedPaint Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

16. TERMINATION OF YOUR ACCESS TO THE SERVICES

You can delete your account at any time by contacting us via the "Get In Touch" form at the bottom of the home page of our website (www.redpaint.co.za) or by simply uninstall the Service (The RedPaint app) from your device and ceasing further use of the Services.

We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.

17. GENERAL TERMS

Interpretation:

The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.

Entire Agreement and Waiver:

The Terms, together with the ‘Privacy Policy’ and ‘Content Guidelines’, shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Severability:

If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

Partnership or Agency:

None of the provisions of these Terms shall be deemed to constitute a partnership or agency or employment between you and RedPaint and you shall have no authority to bind RedPaint in any form or manner, whatsoever.

Governing Law/Waiver:

For Users residing in the Republic of South Africa: These Terms shall be governed in all respects by the laws of the Republic of South Africa as they apply to agreements entered into and to be performed entirely within the Republic of South Africa between residents and legal entities of the Republic of South Africa. You agree that any claim or dispute you may have against RedPaint must be resolved exclusively by a court of law located in Pretoria within the Republic of South Africa. You agree to submit to the personal jurisdiction of the courts located within the Republic of South Africa for the purpose of litigating all Claims that arise between You and RedPaint.

For Users residing outside the Republic of South Africa: These Terms shall be governed by the laws of the Republic of South Africa. The Courts of law at Pretoria (South Africa) shall have exclusive jurisdiction over any disputes arising under this agreement.

For all Users: You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these terms or any related right shall not constitute a waiver of that right or provision.

Carrier Rates may Apply:

By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.

Linking and Framing:

You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.

18. NOTICE OF COPYRIGHT INFRINGEMENT AND GRIEVANCE REDRESSAL MECHANISM

RedPaint shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the RedPaint Platform, or items advertised on the RedPaint Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:

Identify in writing the copyrighted material that you claim has been infringed upon;
Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
Include the following statement: "I belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";
Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";
Provide your contact information including your address, telephone number, and e-mail address (if available);
Provide your physical or electronic signature;

Send the written communication to:

This email address is being protected from spambots. You need JavaScript enabled to view it.

You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.