SportSA.online

SPORTSA ADVERTISING AGREEMENT: GENERAL TERMS

These general terms, together with the schedule generated from the proposal the advertiser accepted, form the agreement between Invepar SA (Pty) Ltd (registration number 2015/051596/07, VAT number 4610276265), trading as "SportSA.online", of 2 Bruton Road, Bryanston, Sandton, Gauteng, 2191 ("SportSA", "we"), and the advertiser named in the schedule ("the Advertiser", "you").

1. HOW THIS AGREEMENT IS MADE UP

1.1 The schedule records the options you chose: the placements, the websites and apps, the periods, the units, the agreed prices, the invoicing basis, any special conditions and the details of both parties. 1.2 If the schedule and these terms differ on a commercial particular (what was booked, when, and at what price), the schedule applies. On everything else, in particular clauses 5, 6, 7 and 11, these terms apply. 1.3 "Advert" means everything you supply for display: the title, the text, the picture, the button text and the link, and the page the link opens ("landing page"). 1.4 "Business day" means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa.

2. WHAT SPORTSA PROVIDES

2.1 We display your advert in the placements and on the platforms (website, Android app, iOS app) listed in the schedule, for the periods listed in the schedule, within any days of the week and daily times the schedule sets. 2.2 Placements in lists are shared: your advert rotates with other advertisers booked for the same placement. Unless the schedule says otherwise, we do not guarantee a number of views or clicks, a position, or exclusivity against competitors. 2.3 We report to you, per campaign, the number of views (at least half of the advert on screen for one second) and clicks, per platform and day. These figures are aggregates. They contain no personal information about the people who saw the advert, and we will not give you any. 2.4 We aim to keep the website and apps available but do not guarantee uninterrupted service. If a placement is unavailable for more than 24 consecutive hours through our fault, we extend the period or credit the affected days pro rata, at your choice.

3. SUPPLYING AND APPROVING THE ADVERT

3.1 You supply the advert at least five business days before the start date: a title of up to 80 characters, text of up to 240 characters, an optional picture in a 16:9 ratio of no more than 300 KB, button text and a working https link. 3.2 Every advert is reviewed by a person at SportSA before it is displayed. We may ask for changes or refuse an advert that does not comply with this agreement. If a delay in supplying an acceptable advert is caused by you, the period is not extended and the fees remain payable. 3.3 Our approval of an advert is not an endorsement of you or your products and does not transfer to us any responsibility for the content of the advert or the landing page. 3.4 You may not change the landing page so that it no longer matches the approved advert, redirect it to another business, or make it collect information in a way this agreement forbids.

4. YOUR WARRANTIES AND LEGAL COMPLIANCE

4.1 You warrant that the advert, the landing page and the goods or services they promote comply with all applicable law, including: (a) the Consumer Protection Act 68 of 2008, including section 29 (general standards for marketing), section 30 (bait marketing), section 36 (promotional competitions and Regulation 11), section 41 (false, misleading or deceptive representations) and section 43 (pyramid and related schemes); (b) the Code of Advertising Practice of the Advertising Regulatory Board ("the Code"), including the requirement that claims be substantiated, and any ruling of the Advertising Regulatory Board; (c) the Protection of Personal Information Act 4 of 2013 ("POPIA"), including section 69 on direct marketing by electronic communication; (d) the Electronic Communications and Transactions Act 25 of 2002, including section 43 where you sell online; (e) the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993 and the Merchandise Marks Act 17 of 1941; and (f) every law, licence condition and industry code that applies to your sector. 4.2 You hold every licence, registration and permission your business and your advert require, and you will show them to us on request. 4.3 You hold the rights to everything in the advert, including the consent of every identifiable person shown in it. 4.4 Every factual or comparative claim in the advert can be substantiated. You will supply the substantiation within two business days of our request.

5. PROHIBITED ADVERTISING

We do not accept, and you may not submit, advertising for or containing any of the following. Many of the people who use SportSA are under 18, and entries for junior events are sold on the same pages. 5.1 Tobacco products, cigarettes, cigars, heated tobacco, electronic cigarettes and vaping devices, their liquids and accessories, or any brand or sponsorship associated with them (Tobacco Products Control Act 83 of 1993, section 3, and platform policy for products that Act does not yet cover). 5.2 Cannabis and products containing tetrahydrocannabinol (THC) offered for sale, and any product or service whose sale or supply is unlawful in South Africa. 5.3 Gambling that is not licensed by a South African provincial licensing authority, including online casino games and any interactive gambling that is unlawful in South Africa (National Gambling Act 7 of 2004, sections 11 and 15). 5.4 Medicines and scheduled substances that may not be advertised to the public, unregistered medicines, and any product presented as preventing, treating or curing a disease or condition in a way the Medicines and Related Substances Act 101 of 1965 (section 18 and its regulations) or the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 and its regulations do not allow. 5.5 Substances and methods prohibited under the World Anti-Doping Code as applied in South Africa by the South African Institute for Drug-Free Sport Act 14 of 1997, and any product promoted as a performance-enhancing drug. 5.6 Firearms, ammunition, weapons designed to injure, explosives and fireworks (Firearms Control Act 60 of 2000 and platform policy). 5.7 Sexually explicit material, adult entertainment, escort or dating services of a sexual nature, and any material classified or likely to be classified X18 or refused classification under the Films and Publications Act 65 of 1996. 5.8 Hate speech, incitement to violence, and content that unfairly discriminates against or degrades any person or group, in breach of section 16(2) of the Constitution, section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 or the Code. 5.9 Pyramid schemes, chain letters, multiplication schemes and similar schemes (Consumer Protection Act, section 43), "get rich quick" offers, and investment schemes that are not lawfully registered or authorised. 5.10 Financial products and services, including crypto asset services, offered by a person who is not an authorised financial services provider under the Financial Advisory and Intermediary Services Act 37 of 2002; and credit offered by a person who is not a registered credit provider under the National Credit Act 34 of 2005, or credit advertising that does not comply with sections 74 to 76 of that Act and its regulations. 5.11 Political parties, candidates, election and referendum campaigns, and advertising on matters before an election (platform policy, having regard to the Electoral Act 73 of 1998 and its Electoral Code of Conduct). 5.12 Ambush marketing: anything that states or implies a connection with an event, an organizer, an athlete, a sporting body or with SportSA that does not exist or has not been authorised in writing, including in relation to any event protected under section 15A of the Merchandise Marks Act 17 of 1941. 5.13 Counterfeit goods (Counterfeit Goods Act 37 of 1997), stolen goods and goods that infringe the rights of others. 5.14 False, misleading or deceptive content, fake reviews or testimonials, undisclosed charges, and offers you do not intend or are not able to honour (Consumer Protection Act, sections 29, 30 and 41). 5.15 Content aimed at children that exploits their credulity, inexperience or loyalty, or that urges them to pressure others to buy (the Code), and products that may not lawfully be sold to persons under 18. 5.16 Malicious software, tracking scripts, pixels or fingerprinting, and landing pages that collect personal information without complying with POPIA, that impersonate another business, or that redirect to a business other than the Advertiser.

6. RESTRICTED ADVERTISING

The following categories are accepted only with our prior written approval, which we may refuse or withdraw, and only on the conditions below and any further conditions we set in writing. None of them is ever displayed on a page for a junior event or aimed at persons under 18. 6.1 Alcoholic beverages, by a producer or distributor holding the required licences: the advert must comply with the Liquor Act 59 of 2003 (section 9), the Liquor Products Act 60 of 1989 and its regulations, the Code and the industry's responsible marketing code; must carry the message "Not for sale to persons under the age of 18" and a responsible drinking message; and must not associate drinking with sporting performance, driving or social success. 6.2 Betting by a bookmaker or operator licensed by a South African provincial licensing authority: the advert must show the licence and licensing authority, the message "No persons under the age of 18", and a responsible gambling message with the national responsible gambling helpline. 6.3 Complementary medicines, dietary and sports supplements: every health claim must be permitted under the Medicines and Related Substances Act and the Foodstuffs, Cosmetics and Disinfectants Act and their regulations, and substantiated. 6.4 Financial services by an authorised financial services provider or registered credit provider: the advert must show the provider's registration number and every disclosure the law requires. 6.5 Promotional competitions: the competition must comply with section 36 of the Consumer Protection Act and Regulation 11, the full rules must be available on the landing page, and no entry charge beyond the reasonable cost of communication may be asked. 6.6 Health practitioners, weight loss, and cosmetic procedures: the advert must comply with the ethical rules on advertising of the practitioner's statutory council, including the Health Professions Council of South Africa.

7. REFUSAL, SUSPENSION AND REMOVAL

7.1 We may refuse, suspend or remove an advert at any time, without liability, if we reasonably believe that it or its landing page breaches this agreement or the law, if the Advertising Regulatory Board or a regulator rules or requests it, if we receive a complaint we consider credible, or if it poses a legal, security or reputational risk to SportSA or its users. 7.2 We will tell you as soon as practicable and, where the problem can be fixed, give you the chance to supply a corrected advert. 7.3 If the removal is caused by your breach, the fees for the booked period remain payable. If we remove an advert for any other reason, we credit the days not displayed pro rata.

8. FEES, INVOICING AND PAYMENT

8.1 The fees are those in the schedule. They exclude value-added tax, which is added at the rate in force under the Value-Added Tax Act 89 of 1991 when the invoice is issued. 8.2 We issue tax invoices on the basis in the schedule: upfront, one invoice for the whole booking when the first campaign is approved; or monthly, one invoice at the start of each calendar month the booking covers, the fees shared by days. 8.3 Invoices are payable within 14 days of the invoice date by electronic funds transfer to the account on the invoice, quoting the invoice number. 8.4 Amounts not paid when due bear interest at the rate prescribed under the Prescribed Rate of Interest Act 55 of 1975, from the due date to the date of payment. 8.5 If an invoice remains unpaid seven days after we send you written notice, we may suspend your adverts until it is paid. The suspended days are not credited. 8.6 If you dispute an invoice, tell us in writing within seven days of receiving it, with reasons. The undisputed part remains payable.

9. PRIVACY

9.1 We do not share with you any personal information about our users, and the figures in clause 2.3 are anonymous. 9.2 You may not attempt to identify, track or profile our users, and you may not place any tracking code in an advert. 9.3 You are the responsible party under POPIA for personal information you collect on your landing page or afterwards, and you may send direct marketing only as section 69 of POPIA allows. 9.4 We process the personal information of your contact persons to perform this agreement, as set out in our privacy notice.

10. INTELLECTUAL PROPERTY

10.1 You keep the rights in your advert. You grant us a non-exclusive, royalty-free licence to reproduce, resize, crop and display it for the purposes of this agreement, and to keep a copy for our records and to deal with complaints. 10.2 You may not use the SportSA name or marks, or those of an event or organizer on SportSA, without written permission.

11. INDEMNITY

You indemnify SportSA, its directors and employees against every claim, loss, fine, penalty, sanction and reasonable legal cost arising from the advert, the landing page, the goods or services promoted, or your breach of this agreement or the law, including rulings of the Advertising Regulatory Board and action by any regulator.

12. LIABILITY

12.1 SportSA is not liable for indirect or consequential loss, including loss of profit, revenue or goodwill. 12.2 SportSA's total liability arising from this agreement is limited to the fees you have paid under the schedule. 12.3 Nothing in this agreement limits a right you have, or a liability we have, that the law does not allow to be limited, including, where the Consumer Protection Act applies to you, the rights in sections 48 to 51 of that Act.

13. DURATION, CANCELLATION AND TERMINATION

13.1 This agreement starts when both parties have signed it and ends when the last booked period ends and all fees are paid. 13.2 You may cancel a booked period that has not yet started by written notice. With at least 10 business days' notice before its start date there is no charge. With less notice, 50 percent of the fees for the cancelled period remain payable. A period that has started is payable in full. 13.3 Where the Consumer Protection Act applies to you, you may also cancel on 20 business days' notice under section 14 of that Act, subject to the reasonable cancellation charge in clause 13.2. 13.4 Either party may terminate this agreement if the other commits a material breach and does not remedy it within seven business days after written notice. We may terminate immediately if you breach clause 5. 13.5 Clauses 8, 9, 10.1, 11, 12 and 16 survive the end of this agreement.

14. COMPLAINTS

14.1 If a complaint is made about your advert to us, the Advertising Regulatory Board or a regulator, you will cooperate, provide substantiation promptly and comply with any ruling. 14.2 Complaints from the public about your goods or services are yours to deal with. We will pass on any we receive.

15. ELECTRONIC SIGNATURE AND NOTICES

15.1 The parties agree that this agreement may be concluded and signed electronically. Typing the signer's full name and capacity and confirming the tick points on the SportSA signing page is the signer's signature for the purposes of section 13 of the Electronic Communications and Transactions Act 25 of 2002. SportSA records the time, the IP address, the browser and a hash of the exact text signed. 15.2 An agreement printed, signed by hand and returned to SportSA as a scanned copy is equally valid. 15.3 Notices under this agreement may be given by email to the addresses in the schedule and are received on the business day after they are sent. Each party chooses the physical address in the schedule as its address for the delivery of legal documents.

16. GENERAL

16.1 This agreement is governed by the law of the Republic of South Africa. The parties consent to the jurisdiction of the magistrate's court having jurisdiction under section 45 of the Magistrates' Courts Act 32 of 1944, without excluding the High Court. 16.2 This agreement is the whole agreement between the parties about its subject. No variation or cancellation is valid unless it is in writing and signed by both parties, which may be done electronically. 16.3 You may not cede or assign your rights or obligations without our written consent. 16.4 Neither party is liable for a failure caused by events beyond its reasonable control. If such an event prevents display for more than 14 days, either party may cancel the affected periods, and fees for days not displayed are credited. 16.5 A provision that is unenforceable is severed and the rest of the agreement remains in force. 16.6 No indulgence or delay in enforcing a right is a waiver of that right. 16.7 The parties are independent contractors. Nothing in this agreement creates a partnership, agency or joint venture.


Version 2026-09-28, in force from 2026-09-28.