These Terms and Conditions govern access to and use of the ClearSay South Africa website, platform, and any related mobile applications or digital services that link to or reference these Terms.
By accessing or using the Site, you agree to be bound by these Terms and enter into a legally binding agreement with MWF Innovations Ltd T/as ClearSay South Africa, being the operator of the Site. If you do not agree to these Terms, you must not access or use the Site.
“You” and “Your” refer to you as a user of the Site, whether or not you are a Registered User.
“Registered User” means a User who has created an account on the Site.
“User” means any person or entity that accesses, browses, crawls, scrapes, interacts with, or otherwise uses the Site, including reviewers and businesses.
“We”, “Us”, and “Our” refer to ClearSay South Africa, the operator of the Site.
“Reviewer” means a consumer or other user who posts a review on the Site.
“Business” means a business that is the subject of a review on the Site or that purchases a Subscription for services offered through the Site.
“Content” means text, images, photographs, audio, video, graphics, data, information, location data, software, and all other forms of content or communication.
“Content Guidelines” means the rules and standards referred to in clause 6 and clause 8.
“Your Content” means any Content that you submit, upload, publish, display, transmit, or otherwise make available on or through the Site, including reviews, comments, replies, responses, complaints, compliments, profile information, trademarks, trade names, logos, business details, contact information, and messages.
“User Content” means Content submitted by Users, excluding advertising placed by or on behalf of the Site operator.
“ClearSay Content” means Content created, owned, licensed, or made available by ClearSay South Africa in connection with the Site.
“Third Party Content” means Content that originates from third parties other than ClearSay South Africa or its Users and is made available on or through the Site.
“Site“Site Content” means all Content made available on or through the Site, including Your Content, User Content, Third Party Content, and ClearSay Content.
“Applicable Law” means the laws of the Republic of South Africa.
“Business Day” means any day other than a Saturday, Sunday, or official public holiday in South Africa.
“CPA” means the Consumer Protection Act, 68 of 2008, as amended.
“ECT Act” means the Electronic Communications and Transactions Act, 25 of 2002, as amended.
“POPIA” means the Protection of Personal Information Act, 4 of 2013, as amended.
“Subscription” means any paid or unpaid subscription, package, listing, enhanced feature set, or service offering made available by ClearSay South Africa through the Site.
If you are a consumer for purposes of the CPA, certain provisions in these Terms are drawn to your attention because they may:
The provisions to which your attention is specifically drawn include:
These Terms must not be interpreted as unlawfully limiting, excluding, or avoiding any rights or obligations arising under the CPA. If any provision conflicts with the CPA to the extent applicable, the CPA will prevail and the relevant provision will be read down accordingly.
If you are a juristic person and provide any financial disclosures or related information to enable us to assess whether the CPA applies, you warrant that such information is accurate, complete, and current. You indemnify us for any loss, damage, or expense arising from a breach of that warranty.
The following information is provided for purposes of section 43 of the ECT Act, to the extent applicable and not stated elsewhere on the Site:
If you purchase any Subscription or paid service through the Site, the relevant transaction may be confirmed online and/or by email. Where available, transaction history may also be accessible through your account dashboard.
We may amend these Terms from time to time.
Your access to and use of the Site will be governed by the Terms in force at the time of your use. If we make material changes, we may notify you by email, through your account, or by posting a notice on the Site before the changes take effect.
The latest version of these Terms will be published on the Site with the revised effective date. Your continued use of the Site after the effective date of any changes constitutes acceptance of the revised Terms.
To use the Site:
We may request proof of age, authority, identity, or legal capacity where reasonably necessary.
We grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Site, subject to these Terms.
Your use of the Site is at your own risk.
The Site may be modified, updated, interrupted, suspended, or discontinued at any time, with or without notice.
Certain features require registration. If you create an account:
You must not:
Where necessary for hosting, backup, support, analytics, or operations, your personal information may be stored or processed outside South Africa. By using the Site, you consent to such processing and transfer, subject to Applicable Law.
Where you provide personal information relating to third parties, you warrant that you are lawfully entitled to do so.
By creating an account or using the Site, you agree that we may send you:
You are solely responsible for Your Content and for any consequences arising from it.
You warrant that:
Reviewers may post reviews about businesses listed on the Site. Businesses may, where enabled by the platform or relevant subscription level, respond to reviews through the Site.
We may provide tools for reporting, flagging, moderating, reviewing, or disputing content. We may, but are not obliged to, investigate flagged content and determine whether it should remain visible, be edited, restricted, or removed.
Where we request supporting material in relation to a review or dispute, users must cooperate honestly and within the stated timeframes.
Users must ensure that all Content is lawful, accurate, relevant, respectful, and not misleading.
Without limitation, Users must not post content that:
By posting a review, you confirm that:
You must not:
We may monitor, screen, remove, edit, moderate, restrict, restore, or refuse any Content at our discretion, with or without notice.
We may use Your Content in connection with operating, promoting, improving, and commercialising the Site, including publication, display, reformatting, distribution, analysis, indexing, syndication, and adaptation across different media and channels.
By posting or submitting Your Content, you grant ClearSay South Africa a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use, reproduce, display, distribute, modify, adapt, publish, and create derivative works from that Content for purposes connected with the Site and our business operations.
You retain ownership of Your Content, subject to the licence granted above.
We are not obliged to store, archive, or provide copies of Your Content. We do not guarantee confidentiality in relation to publicly submitted Content.
User Content does not necessarily reflect our views. Publication of Content does not constitute endorsement.
You agree not to, and not to assist or enable others to:
We may investigate violations and take any action we consider appropriate, including suspension, removal of content, refusal of access, reporting to authorities, or legal action.
By using the Site, you agree to comply with our Content Guidelines and any moderation rules, community standards, or acceptable use policies published on the Site from time to time.
Your use of the Site is also subject to our Privacy Policy. By using the Site, you acknowledge that you have read and understood it.
If you believe your intellectual property rights are being infringed through the Site, please send a written notice containing:
Such notices should be sent to:
[Insert legal/contact email for infringement notices]
or
[Insert physical address]
We will address complaints in accordance with Applicable Law.
Certain platform features or services may be available only under a Subscription or paid package.
Nothing on the Site constitutes a binding offer by us to sell services. Your request to purchase a Subscription constitutes an offer by you, which we may accept or reject.
To purchase a Subscription, you may be required to complete the checkout process and provide billing and payment information.
All fees are payable in the currency stated on the Site and are inclusive or exclusive of VAT as indicated at checkout.
Payment may be processed through third-party payment providers. We are not responsible for third-party payment systems, though we aim to integrate secure providers.
You warrant that any payment method used by you is valid and authorised.
Unless otherwise stated, Subscription access begins once payment has been successfully received and verified.
Where recurring billing applies, continued access is conditional upon timely payment.
You may cancel a Subscription in accordance with:
Unless Applicable Law requires otherwise, fees already paid are non-refundable except where expressly stated.
We may add, remove, or amend Subscription features from time to time. We may also revise pricing on reasonable notice.
If we discontinue a Subscription service entirely, we may refund any prepaid amount for the unused period on a pro rata basis, where applicable.
Certain packages may be governed by additional terms, order forms, proposals, invoices, or service schedules. In the event of conflict, those specific terms will prevail over these general Terms to the extent of the inconsistency.
If you purchase any Subscription or service subject to separate written terms, those terms will apply in addition to these Terms. If there is a conflict, the specific service terms will prevail for that service.
If you send us ideas, feedback, proposals, comments, or suggestions, you agree that:
You grant us a perpetual, worldwide, royalty-free, non-exclusive licence to use and exploit such feedback for any lawful purpose.
The Site may contain links to third-party websites, applications, services, advertisements, or resources. We do not control or endorse third-party sites or services and are not responsible for their content, availability, conduct, security, or practices.
Your dealings with third parties are at your own risk.
You agree to indemnify, defend, and hold harmless ClearSay South Africa, its affiliates, directors, officers, employees, contractors, licensors, suppliers, and agents from and against any claims, losses, liabilities, damages, costs, and expenses, including reasonable legal fees, arising out of or relating to :
We may assume the exclusive defence and control of any matter subject to indemnification, and you agree to cooperate with us in relation to that defence.
Please read this clause carefully.
To the maximum extent permitted by Applicable Law:
We are not liable for any loss or damage arising from:
To the fullest extent permitted by law, ClearSay South Africa will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, reputation, data, or business opportunity.
Where liability cannot lawfully be excluded, our aggregate liability will be limited to the greater of:
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded under South African law.
These Terms are governed by the laws of the Republic of South Africa.
Any dispute, claim, or cause of action arising from or relating to these Terms or the Site will be subject to the jurisdiction of the South African courts, unless Applicable Law requires otherwise.
You may stop using the Site at any time. If you have an account, you may request closure of your account subject to any outstanding contractual obligations.
We may suspend, restrict, or terminate your access to the Site, your account, or any feature at any time, with or without notice, if:
Termination does not affect any accrued rights, payment obligations, or clauses that by their nature should survive termination, including clauses relating to content rights, restrictions, indemnities, disclaimers, limitation of liability, and governing law.
You agree that we may send notices to you by email, through your account, by publication on the Site, or by any other legally recognised electronic means.
You are responsible for keeping your contact details current.
Our chosen address for legal notices will be the address and contact details published on the Site from time to time.
Any notice sent by email will be deemed received on the date of transmission unless the contrary is proven.
These Terms constitute the entire agreement between you and ClearSay South Africa in relation to your use of the Site, unless supplemented by separate written terms applicable to a specific service.
If any provision is found to be unlawful, invalid, or unenforceable, that provision will be severed or read down to the minimum extent necessary, and the remainder of the Terms will remain in full force and effect.
No waiver of any right or provision will be effective unless in writing. Any failure by us to enforce a provision does not amount to a waiver.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations where permitted by law.
Clause headings are for convenience only and do not affect interpretation.
Contact Information
support@clearsay.co.uk
hello@clearsay.co.uk
accounts@mwfinnovations.co.uk
• Phone: +442081438000
MWF Innovations Ltd T/As ClearSay South Africa
1st Floor, Eastlands office Park
Bentel Ave, Jansen Park, Boksburg, 1459
Company Registration: 09098252
ICO Registration: ZB911975
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Effective Date: 01-06-2025
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We use cookies for several purposes, including:
These cookies are essential for the website to operate and cannot be disabled in our systems. They enable basic features such as page navigation, secure login, and cookie consent preferences.
Examples include:
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Purpose:
Opt-out: Available via cookie settings or browser controls.
Functionality cookies remember your preferences and choices to provide a more customized experience.
Examples:
Opt-out: Yes, through cookie preferences.
We use these cookies to serve relevant ads to you on our site and third-party platforms. These cookies may be set by our advertising partners and help us measure the effectiveness of campaigns.
They help:
Opt-out: Yes. You can adjust your settings or opt out via the tool or our cookie management banner.
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You can manage or disable cookies at any time by:
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We may update this Cookie Policy to reflect legal, technical, or business developments. When we make changes, we will revise the "Effective Date" at the top of the policy and notify you if required by law.
If you have any questions about our use of cookies, please contact:
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Email: support@clearsay.co.za
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