Website terms

1.1 Agreement. By visiting this website, using Hello Brand OS, signing a proposal or otherwise using our services, you confirm that you have read and agree to these terms and our privacy notice.

1.2 Authority. If you accept these terms for a company or other organisation, you confirm that you are authorised to bind it. If you are not, do not accept them or use our services for it.

1.3 Age. Taking part in Hello Brand campaigns is for people aged 18 and over.

1.4 Other documents. These terms include our privacy notice, cookie notice, POPIA notice and, for merchandise, our store terms, as well as any terms shown when you sign an agreement or take part in a campaign. If they conflict, the more specific document applies.

4.1 Ownership. The content of this website, the Hello Brand name and logos, and the creative work we produce belong to Hello Brand or our licensors, unless an agreement with a client says otherwise. The platform technology and the Social Wiiv product names and trademarks belong to Social Wiiv (Pty) Ltd. All rights are reserved.

4.2 Licence to use. Subject to these terms and any agreement with us, you may use the services only for their intended purpose. You may not sublicense, resell or commercially exploit them without our written consent.

4.3 Trademarks. Nothing in these terms gives you any right to use the Hello Brand or Social Wiiv names, logos or product names without prior written consent.

4.4 No AI training. You may not use any content from this website or the platform as training, fine-tuning, evaluation or prompt data for any artificial intelligence or machine learning system without our prior written permission.

4.5 No implied licence. Nothing in these terms grants any licence beyond what they expressly state.

4.6 Client content. Clients keep ownership of their own user data and content. By supplying it, a client allows Hello Brand, and Social Wiiv as our platform operator, to process, store and display it only to deliver the agreed services.

5.1 Website. You may browse this website for information and contact us through the channels it provides.

5.2 Platform and services. Clients with an agreement may use the services within the scope, limits and purposes set out in it.

5.3 End users. End users may use a campaign only as the client and its campaign terms allow. Each campaign shows its own terms and privacy notice before sign-up.

5.4 Integrations. Any API or data access we agree to provide must stay within the limits and purposes set out in the agreement.

7.1 Agreements. Campaigns, media, activations and platform access are supplied under a written proposal or agreement, and depend on payment of the agreed fees and compliance with these terms.

7.2 Availability. Service levels and platform uptime, where they apply, are those set in your agreement. Social Wiiv publishes its own platform availability targets in its Terms of Service (socialwiiv.com/Terms-of-Service.html).

7.3 Campaigns for clients. Where we run a campaign for a client, the campaign shows end users its own terms and privacy notice, consistent with these terms and the law.

7.4 Changes. We, and Social Wiiv as platform operator, may change or withdraw features. We will give reasonable notice of material changes.

7.5 Suspension. We may suspend access without notice if we reasonably believe there is a material breach of these terms, a security risk, or a payment that is overdue.

7.6 Ending an agreement. Either party may end an agreement as it allows. Your right to use the services then ends, and user data is kept for the period in the agreement and our privacy notice, then securely deleted.

8.1 Privacy notice. Our privacy notice explains what personal information we collect, why, how we use it and your rights under POPIA.

8.2 Our platform operator. Social Wiiv processes personal information on the platform on Hello Brand's behalf, as an operator under POPIA, under a written agreement. How Social Wiiv handles platform data is set out in its Privacy Policy (socialwiiv.com/Privacy-Policy.html) and POPIA Compliance notice (socialwiiv.com/POPIA-Compliance.html).

8.3 Client responsibility. Clients who direct a campaign must have a lawful basis for it, including any consents their end users need to give. Clients indemnify Hello Brand against claims arising from a failure to obtain them.

8.4 Security incidents. We keep security measures as section 19 of POPIA requires. If personal information is compromised, we will notify the Information Regulator and the people affected as section 22 of POPIA requires.

8.5 Cookies. Our cookie notice explains the cookies and browser storage used on this website and on the platform.

To the fullest extent South African law allows, this website and the services are provided “as is” and “as available”, without warranties of any kind, except those expressly given in your agreement.

9.1 Fitness. We do not warrant that the services will meet every requirement, or be error-free or uninterrupted.

9.2 Other websites. Links to other websites, including Social Wiiv's and our store, are for convenience. We are not responsible for websites we do not run.

9.3 Accuracy. We keep this website accurate and current, but its content is general information, not professional or legal advice.

9.4 Interruptions. Maintenance, failures of third-party infrastructure (including load-shedding) and events outside our control can interrupt the services for a time.

11.1 Your indemnity. You agree to indemnify and hold harmless Hello Brand and its directors, employees and agents against claims, losses and costs (including reasonable legal fees) arising from:

12.1 Both ways. Each party keeps confidential the non-public information the other shares that is marked confidential or that a reasonable person would treat as confidential.

12.2 Ours. Our confidential information includes our pricing, venue network details, proposals, plans, client lists and anything shared in connection with an agreement or proposal.

12.3 Allowed disclosure. Confidential information may be shared with employees, contractors and advisers who need it and are bound by the same duty, or where the law or a court requires, with prompt written notice where allowed.

12.4 How long. These duties continue for three years after these terms or an agreement end, and indefinitely for trade secrets.

13.1 Updates. We may update these terms and will post them here with a new date. For material changes we will give at least 30 days' notice by email, where we have your details, or by a clear notice on this website.

13.2 Continued use. Using the services after a change takes effect means you accept it. If you do not agree, stop using the services and tell us in writing.

13.3 Agreements. Changes to these terms do not change a signed agreement with a client unless both parties agree in writing.

14.1 Law. These terms, and any dispute about them, are governed by the law of the Republic of South Africa.

14.2 Courts. Both parties submit to the exclusive jurisdiction of the South African courts.

14.3 Resolving disputes. Before going to court, both parties will try in good faith to settle a dispute by negotiation within 30 days of a written notice of dispute. Either party may still ask a court for urgent relief.

14.4 Consumer rights. Nothing in these terms limits any right you have under the Consumer Protection Act 68 of 2008 or other consumer protection law that applies.