Terms of Use
By accessing and using the website at www.marketingawards.co.za (the "Website"), you agree to be bound by these Terms of Use. If you do not agree, please do not use this Website.
These Terms of Use should be read alongside our Privacy Policy and Disclaimer, which form part of the agreement between you and Aethercrafted (Pty) Ltd ("we", "us").
We reserve the right to amend these Terms of Use at any time. Changes are effective immediately upon publication. Continued use of the Website constitutes acceptance of the revised terms.
These Terms of Use govern use of this website only. For rules specific to entering the Marketing Achievement Awards, see the Competition Rules.
1. Use of the Website
You may use this Website for lawful purposes only and in a manner consistent with these Terms of Use. You agree not to:
- Use the Website in any way that violates applicable South African or international laws or regulations
- Transmit or post any unlawful, harmful, defamatory, obscene, or otherwise objectionable content
- Use the Website to send unsolicited communications
- Attempt to gain unauthorised access to any part of the Website, its servers, or connected systems
- Introduce viruses, malware, or other malicious or harmful code
- Use automated tools (including scrapers, crawlers, or bots) to extract content from this Website without our prior written consent
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Interfere with the proper working of the Website or any activity conducted through it
- Collect or harvest personal information of other users
2. Intellectual Property
All content on this Website, including text, articles, rubrics, entry guidelines, logos, images, graphics, and the overall design and layout, is owned by or licensed to Aethercrafted (Pty) Ltd and is protected by South African and international intellectual property laws.
The Marketing Achievement Awards name, logo, and associated marks are trademarks of Aethercrafted (Pty) Ltd. Nothing on this Website grants any licence or right to use these marks without our prior written permission.
You may view, download, and print content from this Website for personal, non-commercial use only, provided that:
- The content is not modified in any way
- All copyright and proprietary notices are retained
- The content is not used for any commercial purpose without our prior written consent
3. User-Submitted Content
Where this Website allows you to submit content (including contact forms, nomination forms, or entry submissions), you agree that:
- All information you submit is accurate, current, and complete
- You own or have the right to submit all content you provide
- Your content does not infringe the intellectual property or other rights of any third party
- Your content does not contain material that is unlawful, harmful, defamatory, or otherwise objectionable
By submitting content, you grant Aethercrafted (Pty) Ltd a non-exclusive, royalty-free licence to use, reproduce, and display that content for the purposes for which it was submitted, consistent with our Privacy Policy and the Competition Rules where applicable.
We reserve the right to remove or refuse any submitted content at our discretion, without notice or liability.
4. Third-Party Platforms and Services
Certain functions of this Website, including entry submissions and payment processing, are provided by third-party platforms:
- Awards Engine (Thought Bubble) - Entry management. Use of the Awards Engine platform is subject to Thought Bubble's terms of service. Thought Bubble is registered under the UK Data Protection Act 1998 (ICO Reference: Z616670X). For information on how Thought Bubble handles data, see www.thoughtbubble.com/privacy/
- PayFast - Payment processing. By completing a payment, you agree to PayFast's terms and conditions. We do not store your card or banking details.
We are not responsible for the terms, policies, content, or conduct of any third-party platform. We encourage you to review applicable third-party terms before using any external service linked from this Website.
5. Privacy and Data Protection
Your use of this Website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information in accordance with the Protection of Personal Information Act, 4 of 2013 (POPIA). By using this Website, you acknowledge and agree to the terms of the Privacy Policy.
6. Accounts and Registration
Certain areas of this Website, including the entry submission portal (Awards Engine), require you to register for an account. You are responsible for:
- Maintaining the confidentiality of your login credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorised use of your account via our contact form
We reserve the right to suspend or terminate accounts that violate these Terms of Use or are used fraudulently.
7. Website Availability
We do not guarantee that this Website will be available at all times, error-free, or free from viruses or other harmful components. We reserve the right to suspend or withdraw access to any part of the Website at any time without notice, including for maintenance, updates, or any other reason.
8. Limitation of Liability
To the fullest extent permitted by applicable law, Aethercrafted (Pty) Ltd shall not be liable for any loss or damage, whether direct, indirect, incidental, consequential, or otherwise, arising from your use of this Website or reliance on its content. Please refer to our Disclaimer for full details.
9. Governing Law
These Terms of Use are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the South African courts.
10. Severability
If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.