Terms & Conditions

POYNTING INFLUENCER PORTAL

1. TERMS OF USE

The Poynting Influencer Portal (hereinafter referred to as “the/this portal”) is offered to you, the Player, by Poynting Antennas (Pty) Ltd (hereinafter referred to as “we”, “our”, “us” or “Poynting Antennas”) subject to the following terms and conditions.

In these terms and conditions, “Player/s” means the person who chooses to insert their Personal Information on this portal and the terms and conditions herein apply to the Player, as the context indicates; and “Personal Information” means any personal details which the Player provides in any way through the use of this portal, in any form whatsoever, which includes but is not limited to its names, postal and physical addresses, contact numbers, e-mail address and name of employer and any other type of personal Information as defined in section 1 of the Electronic Communications and Transactions Act No. 25 of 2002 (hereinafter referred to as “ECTA”) and section 1 of Protection of Personal Information Act No. 4 of 2013 (hereinafter referred to as “POPIA”), each of which forms a separate data tag of Information on the portal.

These portal terms and conditions must be read with ECTA and POPIA.

2. ACCEPTANCE

2.1. By making use of this portal which we offer herein, the Player hereby acknowledges that it has read, understood and agrees to be bound by these terms and conditions.

3. CONSENT

3.1. The Player hereby expressly consents, by its use of the portal, to the collection, use, processing, storage, transfer and sharing of its Personal Information in accordance with any applicable data privacy laws.

4. USE OF THE PORTAL

4.1 The purpose of the portal is to reward Players for creating and distributing content (i.e., videos, pictures and text) reviewing and providing feedback on the products of Poynting Antennas. 4.2 The Player grants to Poynting Antennas free of charge and without any territorial limit, the irrevocable, exclusive, unrestricted right, to copy, use, re-use, publish, republish and share any content submitted by the Player to the portal and on social media. 4.3 The Player agrees that its use of this portal is for lawful purposes only. The Player agrees that it will not use this portal for any unlawful purpose, including but not limited to the commission of a criminal offence, to gain unauthorised access to other computer systems, or for the transmission of unlawful material. 4.4 The Player agrees not to transmit any material that is unlawful or harmful, defamatory, abusive, threatening, vulgar or obscene.

5. POYNTING INFLUENCER PORTAL MECHANICS

5.1 The Player will upload text, pictures, videos or installation videos pertaining to Poynting Antennas’ products to the portal, and may also upload same to their social media channel. 5.2 Content created by the Player must meet the following minimum criteria: 5.2.1 No repetition of pre-existing content may be made; 5.2.2 No made-up words or gibberish may be used; 5.2.3 Players may express a negative opinion about Poynting Antennas’ products provided that this is done in a respectful and logical manner, and without the use of offensive or obscene language; 5.2.4 Pictures must be in focus and at least 16:9 or square (1200x1200px) (so then we can load it to social media) minimum 1 to 4MB in size; 5.2.5 Videos must have a link to Poynting Antennas’ website, our product pages on our partner site or any site selling our antennas in the comments or notes; 5.2.6 Videos or pictures must clearly show a Poynting Antennas product; 5.2.7 Videos which are intended to be uploaded to YouTube must be recorded in landscape format, must be in focus and between one (1) and five (5) minutes long; 5.2.8 Videos which are intended to be uploaded to TikTok must be recorded in portrait format and must be less than sixty (60) seconds long; 5.2.9 The Player must ensure that they have the necessary right to use any music or any other third-party content which they use. Should the Player create any content on behalf of their employer, the Player shall warrant that they have obtained the necessary permission to do so and to distribute or display the content; 5.2.10 An antenna installation video can be five (5) to seven (7) minutes in length; 5.2.11 Poynting Antennas must be able to use the content; 5.2.12 Poynting Antennas must be tagged in the content. 5.3 Poynting Antennas reserves the right to reject any content which does not meet the above criteria. 5.4 Points will be awarded (referred to as “Poynts”), by Poynting Antennas to the Player for the content created by the Player. The decision to award Poynts will be in the sole and absolute discretion of Poynting Antennas and will be based on certain criteria, such as specific standards present in the content created by a Player, and more Poynts will be awarded for the display of certain products of Poynting Antennas over others. 5.5 Poynts may be multiplied if the content is shared on the Player’s social media channels. It will be the responsibility of the Player to ensure that any content shared on their social media channel is compliant with the terms of service of the relevant social media platform (i.e., TikTok, YouTube, Instagram, Facebook, etc.). 5.6 Poynts are awarded equally irrespective of whether the Player provides a positive or a negative review of a product, provided that any negative review is, in Poynting Antennas opinion, honest and is not intended to be malicious towards Poynting Antennas or its products. 5.7 Poynting Antennas will have Seventy-Two (72) hours to either accept or reject any content uploaded by the Player.

6. PAYMENT

6.1 Poynts will be exchanged for a voucher or money, as determined by Poynting Antennas from time to time in its sole and absolute discretion.

6.2 Poynting Antennas will determine the calculation of Poynts awarded to the Player as well as the value of a Poynt, in accordance with its Poynts calculator. The monetary value of a Poynt shall be reflected on the portal.

6.3 Poynting Antennas will only make payment or allocate a voucher to a Player, after the lapsing of [time period] after uploading.

6.4 Poynts will be allocated in Poynting Antennas’ sole discretion and are not awarded automatically. When the Player uploads content to and completes the forms on the portal, this will constitute an application for Poynts.

6.5 Each game run on the portal will have a limited value allocated thereto, and once the prize pot has been exhausted, the game will come to an end and no further rewards may be earned for content uploaded thereafter.

6.6 Jackpot prizes may be made available by Poynting Antennas for limited periods for the ultimate Player or top three Players.

7. PRIVACY

7.1 The Player will ensure that any persons who appear in any videos or pictures grant the Player the right and permission to take, use, reuse, publish, and republish the content and consent to the use of their name, image, likeness, and/or other unequivocal aspects of their identity as it may appear in whole or in part in any pictures and/or videos taken by or on behalf of the Player and used in any medium for any purpose whatsoever as well as the right to distribute their image, in accordance with the local laws of the Player and the person/s involved.

8. AMENDMENTS

8.1 We reserve the right, within our sole discretion and at any time, to amend these terms and conditions, the game, or the Poynts calculator from time to time, which includes deleting any terms and conditions and adding any further terms and conditions. 8.2 We shall endeavour to provide the Player with a notice informing the Player of such amendments, or drawing the Player’s attention to the amended portal terms and conditions. In the event that the Player does not agree with the amended portal terms and conditions it may terminate its account herein and inform us of its termination in order that we may delete, dispose of or de-identify the Player’s Personal Information. 8.3 The amended terms and conditions will immediately and automatically come into effect, subject to the above option and request to terminate. 8.4 The amendments will be binding on the Player and will immediately and automatically form part of these terms and conditions, subject to the above option to terminate.

9. UPDATES

9.1. The Player hereby undertakes to ensure to keep its Personal Information updated and current and acknowledges and accepts that all entities that are related to Poynting Antennas for the purposes of the game, shall immediately have access to all such updated information should they so require.

10. ACCURACY OF INFORMATION

10.1 We do not guarantee the accuracy of any information which is found on this portal, therefore the Player should not assume that the information on the portal is always current or accurate, and other sources of this Information should be consulted before making any decision to act on the information displayed on this portal.

10.2 The Player hereby agrees to provide only accurate information.

10.3 The Player will remain liable to any third party for the inaccurate information furnished by the Player and we, as the provider of the medium to display and make the information available, will not be held liable to any third party regarding the content of the Player’s Personal Information.

11. FEES

11.1 There are no fees charged to the Player, who willingly makes use of the portal herein.

12. AVAILABILITY OF PORTAL

12.1. This portal may become unavailable from time to time due to maintenance, electricity supply failure, network problems or for any other reason. 12.2. Poynting Antennas shall not be held liable for any interruptions in the availability of the portal for any reason.

13. THE PLAYER’S PRIVACY

13.1 We acknowledge that the Player has the right to privacy and privacy of the Personal Information provided, and we respect this right.

13.2 We shall use our best endeavours to, in accordance with our Privacy Policy, protect the Player’s Personal Information and to keep it confidential from persons who are not authorised to have access to and view the Information.

13.3 We refer the Player to our Privacy Policy as contained in our portal.

14. GENERAL DISCLAIMER

14.1. The Player hereby agrees to access and use this portal entirely at its own risk.

15. EXCLUSION OF LIABILITY

15.1 The portal and all content on the portal is provided on an “as is” basis, and we make no representations or warranties of any kind, whether express or implied, to the accuracy of the contents on the portal. We do not warrant that the functions provided by the portal will be uninterrupted or error-free, or that the portal or the server is free from viruses or other harmful components.

15.2 Poynting Antennas, including the owners, directors, employees, officials, suppliers, agents and/or representatives thereof shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by the Player, which arises directly or indirectly upon reliance of the portal and/or its content.

15.3 Poynting Antennas, including its owners, directors, employees, officials, suppliers, agents and/or representatives shall not be responsible for any direct, indirect, special, consequential or other damages of any kind whatsoever suffered or incurred by the Player related to its use of, or its inability to access or use, the content or the portal, or any functionality of the portal or of any linked portal.

15.4 The Player hereby indemnifies us, and our owners, directors, employees, officials, agents, suppliers or representatives, and keeps us fully indemnified, from and against any loss or damages suffered or liability incurred in respect of any third party, which arises from the Player’s use of this portal.

16. INTELLECTUAL PROPERTY RIGHTS

16.1 Poynting Antennas is the owner of this portal and the contents thereof and we retain all intellectual property rights thereto, whether registered or not, including all current and future content on the portal, which is not owned by a third party, and nothing in this portal should be construed as a right to use or licence of any of the intellectual property.

16.2 The portal and its contents, which includes all intellectual property therein, may not be reproduced, copied, used, sold or displayed in any manner whatsoever, without our express prior written consent thereto.

16.3 The Player may not use or permit the use of any material or any part thereof, as a trade mark, trade name, business name, service mark, or logo or claim or permit another to claim any proprietary rights in any manner in the material or any part thereof.

16.4 By uploading content to the portal, the Player grants to Poynting Antennas free of charge and without any territorial limit, the irrevocable, exclusive, unrestricted right, to copy, use, re-use, publish, republish and share any content submitted by the Player to the portal and on social media.

16.5 The Player further waives in favour of Poynting Antennas or any successor in title any moral rights (i.e., the Player’s right to claim authorship of the content and to object to any distortion, mutilation or other modification of the content which would be prejudicial to his/her honour or reputation) which may vest in the Player in and to the content.

17. LINKS AND LINKING

17.1 We may provide the Player with links to other portals though this portal. The fact that we have such links must not be construed as constituting any relationship or endorsement of the linked third party and the reliance on any information and content provided by the external link is entirely at the Player’s own risk.

17.2 We may at times, display third party advertising and promotional material on this portal and the display of such material should not be construed as us endorsing or creating any relationship between us and that third party. Reliance on any such promotional or advertising material is entirely at the Player’s own risk.

18. TERMINATION AND SUSPENSION

18.1 We may, in our sole discretion decide to discontinue with the game provided in this portal and may terminate the portal itself, at any time whatsoever and the Player shall have no recourse in any event of termination.

18.2 We may, in our sole discretion decide to suspend the game provided in this portal and portal itself, at any time whatsoever, and the Player shall have no recourse in any event of suspension.

19. GOOD FAITH

19.1. The Player herewith agrees to use this portal with the utmost good faith, integrity and trust.

20. COMPLIANCE WITH THE LAW

20.1. The Player herewith agrees to comply with the laws of the Player’s country as well as any applicable rules imposed by the Player’s company.

21. GOVERNING LAW

21.1. This portal is owned and operated within the Republic of South Africa. We, as well as the Player, hereby agree that these terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa.

22. COMPLAINTS AND DISPUTES

22.1. Any complaints or disputes can be sent through to us via the “Contact Us” links on the portal.

23. ENTIRE AGREEMENT

23.1. This portal is controlled, operated and administered by Poynting Antennas from its offices as set out below within the Republic of South Africa.

23.2. If any of the provisions of these portal terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these portal terms and conditions, and the remainder of these portal terms and conditions will continue in full force.

23.3. These portal terms and conditions constitute the entire agreement between Poynting Antennas and the Player with regard to the use of the portal.

Poyntonia