The Advertiser Terms of Service
Terms of Service
The Advertiser Terms of Service

By accepting the Advertiser Terms of Service (the "Agreement"), you ("The Advertiser" or "You") are entering into a legal agreement with Kompare (Pty) Ltd. ("Kompare") that exclusively governs your participation on the Kompare platform.
  • Introduction
    (a) Kompare provides comparative shopping services (the "Platform") through electronic interfaces owned or operated by Kompare or its partners (the "Websites") and available in various technologies and media, such as on the internet and mobile devices
    (b) You ("The Advertiser") wish to participate on the Platform in order to market products and/or services to users of the Platform.

  • In consideration of the agreements herein, Kompare and The Advertiser agree as follows:

  • The Advertiser Participation
    Kompare may include The Advertiser in Kompare's Platform as a seller subject to the terms of this Agreement. The Advertiser will specify the products, prices and other product information required for the Platform, including but not limited to shipping/delivery costs and in-stock/availability information necessary to display The Advertiser's product listings within the Platform, and will update all such information on a regular basis. The Advertiser is solely responsible for all aspects of product selection, order processing, fulfilment and associated costs and liabilities, and for the operation of The Advertiser's websites and business. The Advertiser is also solely responsible for the accuracy of all product data, stock, prices, URL's or other contact data and other information provided by The Advertiser to any party to facilitate The Advertiser's participation on the Platform.

  • License to The Advertiser Materials
    The Advertiser grants to Kompare a non-exclusive, worldwide right and license to link to and store, reproduce, reformat, transmit, display (publicly or privately), perform, and provide access to, use, and distribute, and to license to third parties, in any media or medium, any The Advertiser trademarks or service marks ("The Advertiser Marks") and any product list, related products and pricing data, shipping/delivery costs, specifications, graphics, trademarks, service marks, logos, trade names, any product or service listings and any other text, images and graphics supplied for advertising purposes, whether collected by Kompare from the Advertiser Site or provided to Kompare by The Advertiser via data feed (collectively "The Advertiser Materials"), including, for clarity only, in search, display or other marketing or advertising related to the Platform ("Marketing"). In the event The Advertiser desires Kompare to remove The Advertiser Materials and Kompare fails to remove The Advertiser Materials from the Platform, The Advertiser agrees that it shall not seek nor pursue any remedy whatsoever unless Kompare has failed to take any action to remove The Advertiser Material and sixty days have elapsed after Kompare's receipt of the third written notice sent to from The Advertiser to remove The Advertiser Material. Notwithstanding the foregoing, The Advertiser agrees that the license to use The Advertiser Marks for Marketing is irrevocable during the Term. Kompare may disable The Advertiser's account and/or remove, refuse to display or reject The Advertiser content or product listings immediately for any reason, in Kompare's sole discretion. Nothing set forth herein shall create any obligation for Kompare to monitor The Advertiser Materials. In its effort to provide the most optimal service to its Advertisers, Kompare may, from time to time, test new services and functions on the Platform. The Advertiser agrees that Kompare has the right to use The Advertiser Materials to engage in such tests.

  • The Advertiser Account
    (a) Kompare may provide The Advertiser with online access to tools and information relating to the Platform and The Advertiser's account (the "Control Panel"). Kompare may change the tools or information accessible through the Control Panel or terminate access to the Control Panel at any time. The Advertiser shall use the Control Panel in compliance with this Agreement and only as appropriate to facilitate The Advertiser's use of the Platform in compliance with this Agreement. The Advertiser is responsible for protecting its passwords to the Control Panel and ensuring that only authorised individuals have access to its account through the Control Panel. Kompare may rely on any instructions sent to it through the Control Panel as binding on The Advertiser. The Advertiser shall not reverse engineer, decompile, modify or attempt to derive the source code for the Control Panel or any part thereof.
    (b) The Advertiser is solely responsible for tracking and assessing whether the commercial results, if any, that it receives under this Agreement are adequate, and is solely responsible for adjusting its product listings to obtain satisfactory results. In no event will Kompare have any liability or responsibility for the commercial results that The Advertiser receives or fails to receive.

  • The Advertiser Representations.
    The Advertiser agrees not to use the Platform for unlawful activities and agrees to comply with all applicable laws of South Africa. Without limiting the foregoing, The Advertiser will not list on the Platform any product or service where the sale, distribution or provision of which is illegal or violates any third party intellectual property rights or other third party rights. The Advertiser warrants that:
    (a) this Agreement is a valid agreement enforceable against The Advertiser according to its terms;
    (b) it has the right and authority to enter into this Agreement and grant Kompare all rights granted herein and the individual accepting this Agreement on behalf of The Advertiser is authorised to bind The Advertiser hereto;
    (c) The Advertiser will comply with all applicable laws in the receipt and use of the services to be provided by Kompare hereunder and is permitted by the applicable law and regulations to perform its obligations hereunder and to sell, provide or distribute any products or services listed on the Platform;
    (d) The Advertiser has read, understands and agrees to the Kompare Terms of Use Agreement posted on Kompare's website(s);
    (e) all information provided by The Advertiser to Kompare as part of The Advertiser's creation of The Advertiser account or use of the Platform, including but not limited to any business or financial information, is true, accurate and complete in all material respects. The Advertiser further agrees that The Advertiser will not directly or indirectly interfere with the proper working of the Platform, engage in fraudulent behavior, attempt to manipulate or alter any user ratings or feedback on The Advertiser (by, for example, providing reviews or ratings of itself or its products) or hide or attempt to hide or misrepresent the identity, source or location of any product service, person or entity.

    The Advertiser will not link from any Kompare owned or operated site to any site which:
    I. advertises or links to Kompare competitors,
    II. contains material that is defamatory, obscene, unlawful, harassing, invasive of another's privacy, abusive, threatening, harmful, vulgar, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or
    III. offer services which mislead or confuse consumers about The Advertiser's or such site's relationship with Kompare. The Advertiser is solely responsible for determining what products it will sell or make available to consumers through its own web site or other store.

  • Content Provided by The Advertiser.
    The Advertiser represents and warrants that the Advertiser Materials
    (a) do not violate any law or regulation;
    (b) do not infringe in any manner any copyright, patent, trademark, trade secret or other intellectual property right of any third party;
    (c) do not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or otherwise result in any consumer fraud, product liability, breach of contract, injury, damage or harm of any kind to any person or entity;
    (d) are not false or misleading; and/or
    (e) are not defamatory, slanderous or threatening. Kompare shall have no obligation to monitor or review The Advertiser Materials or content. Kompare reserves the right to edit, refuse or remove any content provided by The Advertiser to Kompare for display on the Platform, including but not limited to the Advertiser Materials at Kompare's sole discretion and at any time without notice.

  • Fees & Charges
    (a) Registering on Kompare is free of charge and is subject to a review and approval process.
    (b) Merchants are charged on a pay-per-click (PPC) basis and are billed monthly on the total number of clicks sent from Kompare to the merchants’ website.
    (c) Merchants are charged a minimum of R1.50 (excluding VAT) per click. Each category within Kompare can carry an additional PPC charge due to the competitiveness of the category and the average product value. If you wish to get more information about the rates per category, please contact us at
    (d) Merchants selling their products through Kompare and accept online Credit Card and EFT payments, a processing fee of 3.6% of total value of transaction will also be charged (separate from the payment models)
    (e) The merchant is responsible for loading and managing their online catalogue. A referral fee will only be charged if online payments are accepted. Cost per lead will only be charged on orders where payment is not available. All fees charged are exclusive of VAT. All charges will be invoiced at the end of each month. All invoices to be paid within 30 days of invoice date
    (f) Kompare does not operate on a pre-paid basis. All fees are billed monthly and can be paid through a debit order or will be invoiced at the end of each month in arrears.
    (g) Kompare fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited value-added, sales, use or withholding taxes assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying all associated taxes.
    (h) You may direct any billing or account complaints to us at

  • Confidentiality.
    The Advertiser will not use or divulge to third parties any proprietary information of Kompare including all components of the Platform and any information that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. The Advertiser shall not issue or release, or cause to be issued or released, any press release or other public announcement regarding this Agreement or the existence of this Agreement without the written approval of Kompare, which may be given or withheld in Kompare's sole discretion.

  • Term and Termination.
    The term of this Agreement shall commence on the date The Advertiser accepts this Agreement and shall continue until terminated pursuant to this Section 9. The Advertiser may terminate this Agreement at its convenience upon one business day advance notice by first removing all The Advertiser product listings from the Platform and second, notifying Kompare by email to of The Advertiser's desire to terminate the Agreement. Kompare may terminate this Agreement at any time for convenience, without any penalty, cost or obligation, and without prior notice to The Advertiser. In the event Kompare terminates this Agreement and suspends the Advertiser Account, Kompare will remove all The Advertiser product listings from the Platform. Upon termination of this Agreement, all rights and obligations of the parties shall terminate.

  • Intellectual Property.
    (a) All technology, content and other intellectual property conceived, created, developed or acquired by or on behalf of Kompare (or its licensors) at any time, and whether (i) used within and/or incorporated into any aspect of the Platform or (ii) outside the scope of this Agreement will remain the sole and exclusive property of Kompare.
    (b) The Advertiser shall not use any Kompare Mark without Kompare's written permission, and then only in compliance with usage guidelines provided from time to time by Kompare.

  • Limitation of Liability.
    Kompare will not be liable for any loss, interruption or inaccuracy of service or data, lost profits or revenue or any indirect or consequential damages arising out of this agreement whether or not these losses are foreseeable. Kompare makes no representation that the operation and up time of the Platform will be uninterrupted or error-free. Kompare will not be liable for the consequences of any interruptions or errors of the platform. Furthermore, Kompare disclaims all liability for all such matters with respect to its business operations not expressly considered in this agreement.

  • Limitation of Warranty
    Kompare does not make any guarantees, representations or warranties regarding the accuracy or completeness of any data collected or transmitted via the service. Furthermore, Kompare makes no guarantees, representations or warranties regarding the quality of traffic, number of click throughs or impressions, conversions or other results from the platform. Kompare does not guarantee that The Advertiser will earn any fees or achieve any specific business results from the transactions conducted via the platform.

  • The Advertisers Indemnification of Kompare.
    The Advertiser agrees to indemnify and hold harmless Kompare and its affiliates, officers, directors, employees, agents and representatives from and against any and all claims, damages, losses, costs (including legal fees), or other expenses that arise (directly or indirectly) from
    (a) The Advertiser's breach or failure to perform of any representation, warranty or obligation of this Agreement;
    (b) The Advertiser's use of the Platform;
    (c) any allegations that any of The Advertiser Materials infringes upon or otherwise violates any intellectual property or other right(s) of any third party; and/or
    (d) any conduct or dispute between The Advertiser and any third party, including but not limited to any user's access or use of The Advertiser's web site or purchase or attempted purchase of any product or service from The Advertiser

  • Legal Costs and Proceedings
    (a) If Kompare institutes legal proceedings against The Advertiser for the recovery of any amount outstanding in terms of this Agreement, The Advertiser shall pay all costs of the proceedings in curred by Kompare including but not limited to all legal fees as of the attorney and own client basis;
    (b) The Advertiser hereby consents, in terms of Section 45 of the Magistrate’s Court Act of 1944, to the jurisdiction of any Magistrate’s Court having jurisdiction over The Advertiser, notwithstanding that the amount of Kompare’s claim may exceed the monetary jurisdiction of the Magistrate’s Court. Notwithstanding the aforesaid, Kompare may institute action in the relevant High Court should it so wish;

  • Addresses for Notices
    Kompare for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of any nature, choose as our domicilium citandi et executandi the following addresses:
    (a) Kompare: 24 South Boulevard, Block F Eastgate Office Park, Bruma, Gauteng, 2198, South Africa
    (b) All electronic communication to be sent to


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