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Terms & Conditions

These Terms of Service, together with any other referenced terms and policies, are incorporated herein by reference and constitute an integral part of this agreement as of the Effective Date. They govern your access and use of this Website www.wyzetalk.com (our “Website”), our Services (“Services”), and our App (“App”).

You acknowledge the binding nature of these Terms and signify your consent to them by either: (i) clicking on a button or checking a checkbox to accept these Terms; or (ii) registering, using or accessing the Services and Wyzetalk’s mobile application, whichever occurs first (“the Effective Date”).

If you do not agree to abide by these Terms or lack the authority to bind your employer and/or employee or any other applicable entity, please refrain from accepting these Terms or accessing or using the Services, Website, or the Wyzetalk mobile application.

1. Definitions
  • “We”, “us”, “our” or “Wyzetalk” means Wyzetalk (Proprietary) Limited, a company registered in South Africa with registration number 2011/118805/07 and its affiliates, including Wyzetalk Holdings B.V in the Netherlands.
  • “You” or “your” means the person who accesses or uses our Website, either on your own behalf or on behalf of an entity that you represent.
  • “Website” means our Website located at www.wyzetalk.com and any subdomains, pages, features, functions, Services, content or applications offered through or in connection with it.
  • “App” means our mobile application that provides an employee engagement solution for businesses, which can be downloaded from any App store or platform that we authorise.
  • “User” means any person who registers an account with us and uses the App, either as an employee or as an employer.
  • “Content” means any information, data, text, graphics, images, logos, trademarks, audio, video, software, code or other material that is displayed, posted, uploaded, downloaded, transmitted or otherwise made available on or through the Website or the App.
  • “User Content” means any content that you or any other user submits, posts, uploads, publishes, displays or otherwise makes available on or through the Website or the App.
  • By utilising this Website and/or the Services, you affirm and guarantee that you are at least eighteen (18) years of age. Our Website and/or Services are designed solely for individuals who are eighteen (18) years or older. We retain the right to request age verification at any point to ensure adherence to this provision.

  • We grant you a limited, non-exclusive, non-transferable, revocable and personal license to access and use the Website and the App, subject to these Terms, our Service Level Agreements, and any other policies or guidelines that we may post on the Website or the App from time to time.

  • You may not use the Website or the App for any purpose that is unlawful, fraudulent, harmful, abusive, harassing, defamatory, obscene, hateful, discriminatory or otherwise objectionable, or that infringes or violates any rights of any person or entity, including intellectual property rights, privacy rights, contractual rights or any other applicable laws or regulations.

  • You may not use the Website or the App to transmit, distribute, store or otherwise make available any viruses, malware, spyware, worms, trojans or other harmful or malicious code or content that may damage, interfere with, disrupt or compromise the security, integrity or functionality of the Website, the App, our systems, networks or servers, or any third party systems, networks or servers.

  • You may not use the Website or the App to collect, harvest, mine, scrape, copy, reproduce, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble or otherwise attempt to derive or discover the source code, structure, design or algorithms of the Website, the App or any part thereof, or any content or data contained or displayed on or through the Website or the App.

  • You may not use the Website or the App to impersonate, misrepresent or falsely claim to be any person or entity, or to use any false, misleading or inaccurate information or credentials to access or use the Website or the App, or to gain unauthorised access to any other user’s account, data or content.

  • You may not use the Website or the App to interfere with, disrupt, or attempt to gain unauthorised access to any other user’s use or enjoyment of the Website or the App, or to any third party systems, networks or servers that are connected or linked to the Website or the App.

  • You may not use the Website or the App to violate or circumvent any security measures, authentication procedures, encryption technologies, firewalls, passwords or other access controls that we or any third party may employ or implement to protect the Website, the App, our systems, networks or servers, or any content or data contained or displayed on or through the Website or the App.

  • You may not use the Website or the App to engage in any activity that may result in any liability, loss, damage, injury or harm to us, to any other user, or to any third party, or that may otherwise adversely affect the reputation, goodwill or business of Wyzetalk.

  • You may not circumvent or attempt to circumvent any usage limits or licensing restrictions imposed on your account or on your usage of the Services.

  • You agree to use the Website, App, and Services in compliance with all applicable data protection and privacy legislation, including but not limited to the Protection of Personal Information Act, 2013 (POPIA), the General Data Protection Regulation (GDPR), and ISO/IEC 27001:2022.
  • You are solely responsible for any User Content that you submit, post, upload, publish, display or otherwise make available on or through the Website or the App, and for any consequences or liabilities arising from or relating to such User Content.

  • You represent and warrant that you have the right, authority and consent to submit, post, upload, publish, display or otherwise make available any User Content on or through the Website or the App, and that such User Content does not infringe or violate any rights of any person or entity, including intellectual property rights, privacy rights, contractual rights or any other applicable laws or regulations.

  • You grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, transferable and assignable license to use, reproduce, modify, adapt, translate, create derivative works from, distribute, publish, display, perform, transmit and otherwise exploit any User Content that you submit, post, upload, publish, display or otherwise make available on or through the Website or the App, in any media or format, for any purpose that we deem appropriate, in our sole discretion, without any compensation, notification or attribution to you.

  • You acknowledge and agree that we have the right, but not the obligation, to monitor, review, edit, delete, remove, block, disable or refuse any User Content that you or any other user submits, posts, uploads, publishes, displays or otherwise makes available on or through the Website or the App, at any time and for any reason, in our sole discretion, without any notice or liability to you or to any third party.

  • You acknowledge and agree that we are not responsible or liable for any User Content that you or any other user submits, posts, uploads, publishes, displays or otherwise makes available on or through the Website or the App, or for any loss, damage, injury or harm that may result from or relate to such User Content, or from your or any other user’s access or use of the Website or the App.

  • You agree to comply with these Terms and any other policies or guidelines that we may post on the Website or the App from time to time, and to respect the rights and dignity of other users and third parties, when you submit, post, upload, publish, display or otherwise make available any User Content on or through the Website or the App.

  • You agree not to submit, post, upload, publish, display or otherwise make available any User Content that is unlawful, fraudulent, harmful, abusive, harassing, defamatory, obscene, hateful, discriminatory or otherwise objectionable, or that infringes or violates any rights of any person or entity, including intellectual property rights, privacy rights, contractual rights or any other applicable laws or regulations.

  • You agree not to submit, post, upload, publish, display or otherwise make available any User Content that contains or promotes any viruses, malware, spyware, worms, trojans or other harmful or malicious code or content that may damage, interfere with, disrupt or compromise the security, integrity or functionality of the Website, the App, our systems, networks or servers, or any third party systems, networks or servers.

  • You agree not to submit, post, upload, publish, display or otherwise make available any User Content that contains or discloses any personal, sensitive, confidential or proprietary information of any person or entity, without their prior written consent, or that violates any privacy rights or data protection laws or regulations, including but not limited to POPIA and the GDPR.

  • You agree not to submit, post, upload, publish, display or otherwise make available any User Content that contains or constitutes any unsolicited or unauthorised advertising, promotional material, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or commercial content.

  • You agree not to submit, post, upload, publish, display or otherwise make available any User Content that contains or implies any false, misleading or inaccurate information or claims, or that impersonates, misrepresents or falsely claims to be any person or entity, or that uses any false, misleading or inaccurate information or credentials to access or use the Website or the App, or to gain unauthorised access to any other user’s account, data or content.

  • You agree not to submit, post, upload, publish, display or otherwise make available any User Content that interferes with, disrupts, or attempts to gain unauthorised access to any other user’s use or enjoyment of the Website or the App, or to any third party systems, networks or servers that are connected or linked to the Website or the App.

  • You agree not to submit, post, upload, publish, display or otherwise make available any User Content that violates or circumvents any security measures, authentication procedures, encryption technologies, firewalls, passwords or other access controls that we or any third party may employ or implement to protect the Website, the App, our systems, networks or servers, or any content or data contained or displayed on or through the Website or the App.

  • You agree not to submit, post, upload, publish, display or otherwise make available any User Content that engages in or encourages any illegal, unethical, fraudulent, deceptive or harmful activity, or that may result in any liability, loss, damage, injury or harm to us, to any other user, or to any third party, or that may otherwise adversely affect the reputation, goodwill or business of Wyzetalk.
  • We and our licensors own and retain all rights, title and interest in and to the Website, the App, and any content or data contained or displayed on or through the Website or the App, including any trademarks, logos, trade names, domain names, service marks, copyrights, patents, trade secrets, know-how, software, code, algorithms, designs, layouts, graphics, images, icons, interfaces, text, audio, video and other intellectual property rights, whether registered or not.

  • Nothing in these Terms grants or transfers to you any ownership, license or other rights in or to the Website, the App, or any content or data contained or displayed on or through the Website or the App, except as expressly stated otherwise in these Terms or in any other written agreement between you and us.

  • You may not use, reproduce, modify, adapt, translate, create derivative works from, distribute, publish, display, perform, transmit or otherwise exploit the Website, the App, or any content or data contained or displayed on or through the Website or the App, or any part thereof, without our prior written consent or the consent of the respective owners, as applicable.

  • You may not use any trademarks, logos, trade names, domain names, service marks or other marks of Wyzetalk or our licensors, or any confusingly similar marks, without our prior written consent or the consent of the respective owners, as applicable.

  • You may not remove, alter, obscure or modify any notices, labels, watermarks, symbols or other indications of ownership or source that are affixed or embedded in or on the Website, the App, or any content or data contained or displayed on or through the Website or the App.

  • You acknowledge and agree that any feedback, suggestions, ideas, enhancement requests, recommendations or other information provided by you to us relating to the Website, App, or Services shall be deemed non-confidential and shall become our sole property. We may use such feedback without restriction or obligation to you.
  • Protection of Confidential Information.
    In the context of these Terms and the Services, including their evaluation, each party (“    Disclosing Party“) may share with the other party (“Receiving Party“) non-public business, product, technology, and marketing details. This includes, but is not limited to, customer lists, proprietary knowledge, software, and any other non-public information that is either specifically identified as such or would reasonably be considered confidential based on the nature of the information and the context of its disclosure, whether shared before or after the Effective Date (“Confidential Information“). For clarity, (i) Customer Data is deemed as the Customer’s Confidential Information, and (ii) our Website and Services are deemed as our Confidential Information. However, Confidential Information does not encompass information that (a) becomes generally available to the public without violating any obligation to the Disclosing Party; (b) was already known to the Receiving Party before its disclosure by the Disclosing Party without violating any obligation to the Disclosing Party; (c) is obtained from a third party without violating any obligation to the Disclosing Party; or (d) is independently developed by the Receiving Party without any reference to or use of the Confidential Information.

  • Obligations of Confidentiality by the Receiving Party.
    The Receiving Party agrees to (i) implement reasonable measures to prevent unauthorised disclosure or use of Confidential Information and restrict access to such information to employees, affiliates, service providers, and agents on a need-to-know basis, all of whom are bound by confidentiality obligations at least as stringent as those outlined herein; and (ii) refrain from using or disclosing any Confidential Information to any third party, except as necessary for fulfilling its obligations under these Terms or as required for disclosure to legal or financial advisors acting on behalf of the Receiving Party, or in connection with a due diligence process in which the Receiving Party is involved. Any such disclosure shall be subject to confidentiality obligations no less strict than those stated herein.

  • Disclosure Mandated by Law.
    Despite the aforementioned provisions, Confidential Information may be disclosed in compliance with a court order or a request from a government agency or other authorised body. However, to the extent permitted by law, the Receiving Party will make reasonable efforts to notify the Disclosing Party promptly in writing upon receipt of such court order or request, enabling the Disclosing Party to seek a protective order or otherwise prevent or limit such disclosure.

  • Security Measures.
    Each party shall take appropriate technical and organisational measures to protect Confidential Information, in accordance with industry standards and regulatory obligations under POPIA, the GDPR, and ISO/IEC 27001:2022, where applicable.
  • We respect your privacy and data protection rights and are committed to safeguarding personal information and data that we collect, store, process, or use when you access or use the Website or the App, register an account with us, or submit any User Content.

 

  • We will collect, store, process and use your personal information and data in accordance with our Privacy Policy, which forms part of these Terms by reference.

 

  • By accessing or using the Website or the App, registering an account with us, or submitting any User Content, you consent to the collection, processing, and transfer of your personal data in accordance with our Privacy Policy and applicable data protection laws. You warrant that you have obtained the necessary consent from any third parties whose personal information you may submit.

 

  • We process personal information in compliance with applicable data protection laws, including but not limited to:
    • The Protection of Personal Information Act, 2013 (POPIA);
    • The General Data Protection Regulation (GDPR);
    • ISO/IEC 27001:2022 information security management standards. 

 

  • You acknowledge and agree that we may transfer your personal data across borders to jurisdictions that may have different levels of data protection than your country of residence. In such cases, we implement appropriate safeguards, including Standard Contractual Clauses (SCCs) or other legally recognised mechanisms to ensure lawful cross-border transfers.

 

  • You acknowledge and agree that we may disclose your personal information and data to third-party service providers, subcontractors, and affiliates for purposes of providing, maintaining, supporting, improving, or enhancing the Website, App, or Services, as well as for legal, regulatory, compliance, or audit purposes, where such third parties are bound by appropriate confidentiality and data protection obligations.

 

  • You further acknowledge that we may be required to disclose personal information by law or pursuant to a lawful request from a regulatory or governmental authority, subject to safeguards provided by applicable data protection legislation.

 

  • For more information on how we collect, process, store, retain, delete, or otherwise handle personal data, including your rights under applicable data protection laws (such as access, rectification, deletion, objection, and data portability), please refer to our Privacy Policy
  • The Website, the App, and the Services are provided on an “as is” and “as available” basis, without any warranties, representations or guarantees of any kind, express or implied, statutory or otherwise, including, but not limited to, warranties of quality, performance, accuracy, reliability, availability, compatibility, security, completeness, fitness for a particular purpose, non-infringement or merchantability.

  • We do not warrant or guarantee that the Website, App, or Services will meet your requirements or expectations, or that they will be uninterrupted, timely, error-free, virus-free, malware-free, spyware-free, worm-free, trojan-free or defect-free, or that any errors, defects, bugs or glitches will be corrected, or that the Website or the App will be compatible or interoperable with any other software, hardware, device, system, network or server, or that the Website or the App will be free from any unauthorised access, use, disclosure, modification or destruction.

  • We do not warrant or guarantee the quality, validity, truthfulness, accuracy, reliability, completeness or usefulness of any content or data contained or displayed on or through the Website or the App, or that any content or data will be current, up-to-date, correct, consistent, comprehensive or relevant, or that any content or data will not infringe or violate any rights of any person or entity, including intellectual property rights, privacy rights, contractual rights or any other applicable laws or regulations.

  • We do not endorse, support, represent or guarantee the quality, validity, truthfulness, accuracy, reliability, completeness or usefulness of any User Content that you or any other user submits, posts, uploads, publishes, displays or otherwise makes available on or through the Website or the App, or that any User Content will not infringe or violate any rights of any person or entity, including intellectual property rights, privacy rights, contractual rights or any other applicable laws or regulations.

  • You acknowledge and agree that your access and use of the Website and the App, and any content or data contained or displayed on or through the Website or the App, or any User Content that you or any other user submits, posts, uploads, publishes, displays or otherwise makes available on or through the Website or the App, are at your own risk and discretion, and that you are solely responsible for any consequences or liabilities arising from or relating to such access or use.

  • We do not provide any warranties that the Services comply with laws or regulations outside of the jurisdictions in which we operate (South Africa and the Netherlands). You are responsible for determining whether your use of the Services is compliant with local laws in your jurisdiction.
  • To the fullest extent permitted by applicable law, we and our affiliates, directors, officers, employees, agents, licensors, suppliers, or service providers shall not be liable to you or any third party for any indirect, incidental, consequential, special, punitive, exemplary or similar damages, including but not limited to loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, or other intangible losses, whether based on contract, delict/tort, strict liability, or otherwise, arising from or related to your access or use of, or inability to access or use, the Website, App, Services, or any content therein, even if we have been advised of the possibility of such damages.

  • Without limiting the foregoing, we shall not be liable for any damages or losses resulting from:

  • Errors, mistakes, or inaccuracies of content;
    • Personal injury, property damage, or financial loss resulting from your access or use of the Website, App or Services;
    • Any unauthorised access to or use of our servers and/or any personal data stored therein;
    • Any interruption or cessation of transmission to or from the Services;
    • Any bugs, viruses, Trojan horses, or the like transmitted through the Services by any third party.

  • To the extent our liability cannot be excluded, our total cumulative liability to you for any claims arising out of or relating to these Terms or your use of the Services shall be limited to the total amount you have paid to us, if any, in the twelve (12) months preceding the event giving rise to the liability. 

  • Nothing in these Terms shall limit or exclude our liability for death or personal injury resulting from our negligence, or for fraud or fraudulent misrepresentation, or for any other liability which cannot be limited or excluded under applicable law.
  • We reserve the right to terminate or suspend your access to or use of our Website, App, or Services, at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or if we are required to do so for legal, regulatory, or security reasons.

  • We may also delete or remove any of your User Content or account data at our sole discretion, without liability to you.

  • You may stop using our Website, App, or Services at any time and for any reason. You may also request termination of your account by contacting us in writing.

  • Upon termination of these Terms for any reason:
    • All rights and licences granted to you under these Terms shall immediately terminate;
    • You shall cease all use of the Website, App, and Services;
    • Any outstanding payment obligations shall become immediately due;
    • Sections that by their nature are intended to survive termination shall remain in full force, including but not limited to confidentiality, disclaimers, limitations of liability, indemnities, intellectual property rights, and governing law provisions.

  • We shall not be liable to you or any third party for any termination or suspension of access under this clause.
  • These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with:
    • the laws of the Republic of South Africa if you are contracting with Wyzetalk (Proprietary) Limited (South Africa); or
    • the laws of the Netherlands if you are contracting with Wyzetalk Holdings B.V. 

 

  • Each party irrevocably agrees that:
    • if contracting with Wyzetalk (Proprietary) Limited (South Africa), the courts of Cape Town shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms;
    • if contracting with Wyzetalk Holdings B.V, the courts of Amsterdam shall have exclusive jurisdiction. 
    • Nothing in this clause shall prevent either party from seeking injunctive relief or urgent interim relief in any competent court with jurisdiction over the matter.
  • Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed, and the remaining provisions shall remain in full force and effect.

  • No Waiver. Our failure or delay to exercise or enforce any right or remedy under these Terms shall not constitute a waiver of such right or remedy, nor shall any single or partial exercise preclude any other or further exercise.

  • Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer any of our rights or obligations under these Terms without your consent, including in connection with a merger, acquisition, sale of assets, or corporate reorganisation.

  • Entire Agreement. These Terms, together with any other legal notices, policies (including our Privacy Policy and Cookie Policy), and any agreement executed between you and us, constitute the entire agreement between you and us concerning your use of the Website, App, and Services and supersede any prior or contemporaneous communications and proposals, whether oral or written.

  • Force Majeure. We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, pandemics, epidemics, or shortages of transportation, fuel, energy, labour or materials.

  • Incident Notification. We maintain incident response and security breach procedures in accordance with ISO/IEC 27001:2022 and applicable data protection legislation. In the event of a data breach that affects your personal data, we will notify you and/or the relevant supervisory authority where required by law.

  • Survival. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to those relating to intellectual property, confidentiality, warranties, disclaimers, limitation of liability, indemnity, and governing law.

Contact Us 

If you have any questions, concerns, requests, or complaints regarding these Terms, or the Website, App, or Services, you may contact us at:
  • Email: dpo@wyzetalk.com and support@wyzetalk.com
  • Physical Address (South Africa): Unit D10, Octo Place, Electron Road, Techno Park, Stellenbosch, Western Cape, 7600.
  • Physical Address (Netherlands): Generaal Vetterstraat 4, 1059BV, Amsterdam, the Netherlands.

We will endeavour to respond to all legitimate requests within a reasonable time and in accordance with our legal and regulatory obligations.