Terms of Service and Privacy Policy

Scover (Pty) Ltd

Enterprise Number: 2025 / 339750 / 07

Registration Number: 2025 / 339750 / 07

Last Updated: 06 June 2025

Table of Contents

1. Introduction

Welcome to Scover (Pty) Ltd ("Scover", "we", "us", or "our"). This combined Terms of Service and Privacy Policy ("Agreement") governs your use of the Scover mobile application, website (scover.co.za), Member portal (members.scover.co.za), and related services (collectively, the "Services"). The Services allow registered organizations ("Members") to upload promotional deals, which are displayed to users ("Users") via deal tiles, with billing based on per-action fees for impressions, views, and redirects. By accessing or using the Services, you agree to be bound by this Agreement and all applicable laws, including the Protection of Personal Information Act 4 of 2013 ("POPIA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the Consumer Protection Act 68 of 2008 ("CPA"), and, where applicable, the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679).

If you do not agree to this Agreement, you must not use the Services. This Agreement applies to all Members and Users, whether individuals or juristic persons, as defined under POPIA.

2. Definitions

3. Acceptance of Terms

By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by this Agreement. Scover reserves the right to update this Agreement at any time, with changes effective upon posting to the Scover website or notification to you. Continued use of the Services after such changes constitutes acceptance of the revised Agreement.

4. Description of Services

Scover provides a platform where Members, primarily restaurants but potentially including retail or services, register on members.scover.co.za to upload promotional deals (e.g., pizza on Wednesday, pasta on Friday). Deals include titles, descriptions, images, validity periods, pricing, days of availability, menus, links to ordering pages, and categories. These deals are displayed to Users as deal tiles via the Scover app or website. Users can view deal details and redirect to the Member’s ordering page. Scover tracks DealTile Impressions, DealDetails Views, and Redirects, charging Members per-action fees as outlined in Section 8. Scover does not handle sales, delivery, or product creation, only marketing the deals.

5. User Accounts and Organization Validation

5.1 Registration

Members must register on members.scover.co.za, providing accurate company details, including a valid CIPC registration number, contact information, and, optionally, verification documents (e.g., food safety certificates). Users must be at least 18 years old or have the legal capacity to enter into binding agreements. You agree to provide accurate, complete, and current information and update it as needed.

5.2 Organization Validation

Scover verifies Members’ legitimacy by:

Unverified Members may have limited visibility (e.g., “Unverified” label). Scover reserves the right to suspend or remove accounts failing validation or uploading harmful content.

5.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify Scover immediately of unauthorized use at info@scover.co.za.

6. Member Responsibilities

6.1 Content Accuracy and Legality

Members are solely responsible for the accuracy, completeness, and legality of their deals, including titles, descriptions, images, pricing, validity periods, and links to ordering pages. You warrant that you have all necessary rights to upload content, including intellectual property rights, and that it complies with CPA, ARB standards, and other applicable laws. You must ensure deals remain valid and update or remove expired deals promptly.

6.2 Prohibited Content

You agree not to upload content that:

6.3 Ordering Page Responsibility

Members are responsible for the functionality, accuracy, and legality of their linked ordering pages. Scover is not liable for issues arising from ordering pages, including unavailable services or inaccurate information.

6.4 Reporting Unlawful Content

Users may report unlawful content to info@scover.co.za. Scover will review and, if necessary, remove or disable access per ECTA Section 77.

7. User-Generated Content

7.1 License to Scover

By uploading deals, you grant Scover a non-exclusive, worldwide, royalty-free, perpetual license to use, display, reproduce, modify, and distribute such content for the Services, including promotional purposes, solely to operate the platform.

7.2 Content Moderation

Scover may review, edit, or remove content violating this Agreement or deemed objectionable, without obligation to monitor. Scover will act on reports of unlawful content per ECTA.

7.3 No Endorsement

Scover does not endorse or verify user-uploaded content. Reliance on such content is at your own risk.

8. Billing and Payment

8.1 Pricing Structure

Scover offers a simple, cost-effective pricing model designed to help your restaurant grow without breaking the bank. Here’s how it works:

Pay-Per-Action Pricing with a R1500 Monthly Cap

Fees are measured by Scover’s tracking system per IAB guidelines. DealTile Impressions exclude cached views, with Home Screen content cached and refreshed every 15 minutes. Only new/non-cached deals or user-initiated refreshes count as impressions. Counts are final, with a 10% variance allowance for technical discrepancies.

8.2 Invoicing and Payment Terms

Invoices are issued monthly, detailing your DealTile Impressions, DealDetails Views, and Redirects, with the total capped at R1500 if applicable. Payments are due within 30 days. Members can access detailed reports in the Member portal to track engagement and costs. Non-payment may result in account suspension.

8.3 Invalid Actions

Scover may exclude invalid actions (e.g., bot-generated impressions, views, or redirects) from billing, ensuring fairness.

9. Service Level Agreement

9.1 Uptime Guarantee

Scover aims for 99.9% uptime, measured monthly, for deal display functionality. Downtime is when deal tiles or details are unavailable to Users.

9.2 Compensation for Downtime

If uptime falls below 99.9%, Members may receive service credits proportional to downtime, up to one month’s billing (capped at R1500). Claims must be submitted to info@scover.co.za within 30 days.

9.3 Exclusions

Downtime due to scheduled maintenance (notified 48 hours in advance), force majeure, or Third-Party Services issues is excluded.

10. Third-Party Services

The Services rely on Third-Party Services, including Netlify, Heroku, GitHub, Icon8, and Google services. Scover is not responsible for interruptions, errors, or failures of these services and shall not be liable for resulting losses, except where caused by Scover’s gross negligence or willful misconduct.

11. Intellectual Property

11.1 Scover’s Intellectual Property

All content, trademarks, logos, and intellectual property of the Services are Scover’s or its licensors’ property. You may not reproduce, modify, or distribute without written consent.

11.2 Member Content

Members retain ownership of uploaded content but grant Scover the license in Section 7.1. You warrant no infringement of third-party rights.

11.3 Infringement Claims

Notify Scover of infringement claims at info@scover.co.za. Scover will review per ECTA.

12. Privacy and Data Protection

12.1 Commitment to Privacy

Scover complies with POPIA, ECTA, and, where applicable, GDPR, protecting Personal Information as outlined below.

12.2 Data Collection

We collect:

12.3 Purpose of Processing

Data is processed for:

12.4 Legal Basis

Processing is based on consent, contract performance, legal obligations, or legitimate interests, per POPIA and GDPR.

12.5 Data Storage and Security

Data is stored securely with encryption and access controls. Scover is not liable for breaches unless caused by gross negligence or willful misconduct.

12.6 Data Retention

Data is retained as needed (e.g., Member data for 5 years per tax laws) or anonymized for analytics.

12.7 Data Sharing

Data is shared with Third-Party Services (e.g., Netlify, Google) under data protection agreements, or with authorities if legally required. No marketing sharing without consent.

12.8 Cross-Border Transfers

Data transfers outside South Africa comply with POPIA Section 72 and GDPR Article 44, ensuring adequate protection.

12.9 Data Subject Rights

You have rights to access, correct, delete, restrict, or object to data processing, or request portability (GDPR). Submit requests to info@scover.co.za.

12.10 Cookies and Tracking

We use cookies and similar technologies to enhance functionality, ensure security, and analyze usage of the Services. The following types of cookies are used:

You can manage your cookie preferences through the cookie consent tool displayed on your first visit to our website or app. Alternatively, you can adjust your browser settings to block or delete cookies; however, this may affect the functionality of the Services. For more information or to exercise your rights (e.g., to withdraw consent or request deletion of cookie-related data), please contact us at info@scover.co.za.

12.11 Data Breach Notification

Scover notifies affected individuals and the Information Regulator per POPIA Section 22, unless harm is unlikely.

13. Disclaimers and Limitation of Liability

13.1 No Warranties

The Services are “as is” without warranties of merchantability, fitness, or non-infringement. Scover does not guarantee uninterrupted, error-free, or secure Services, or accurate content.

13.2 Limitation of Liability

Scover, its directors, employees, or affiliates are not liable for indirect, consequential, or punitive damages from:

Liability is limited to amounts paid in the prior 12 months (capped at R1500).

14. Indemnification

You indemnify Scover against claims, damages, or expenses from:

15. Termination

Scover may suspend/terminate access for violations, with or without notice. Your rights cease, and data may be deleted, per POPIA/GDPR. Terminate your account via info@scover.co.za.

16. Governing Law and Dispute Resolution

This Agreement is governed by South African law. Disputes are subject to South African courts. Attempt informal resolution at info@scover.co.za before legal action.

17. Miscellaneous

17.1 Entire Agreement

This Agreement is the entire agreement, superseding prior agreements.

17.2 Severability

Invalid provisions do not affect others.

17.3 Force Majeure

Scover is not liable for failures due to uncontrollable events.

17.4 Assignment

You may not assign rights without consent. Scover may assign to successors.

17.5 Waiver

Waivers must be written. Non-enforcement is not a waiver.

18. Contact Information

Contact our Information Officer for questions, data requests, or content reports:

Email: info@scover.co.za

Physical Address: Kleinmond, South Africa

Information Regulator: complaints.IR@justice.gov.za

EU users may contact local data protection authorities.