KrowdWise Terms of Use

Updated May 1, 2021

Key Terms:

• Your Information - The personal information of KrowdWise users that is collected in the registration process. Including but not limited to name, address, telephone number, and email address.
• Problem Solver - Registered KrowdWise users who submit potential solutions to Challenges that are posted on the site located at www.krowdwise.crowdicity.com and www.krowdwise.co.za (the “ Site ”) or on Client Challenge Portals.
• Challenge Portal - A custom site designed for a Challenger to host Challenges with their own Problem Solver community
• KrowdWise Challenge(s)/Challenge(s) - Specific problems of individual organisations that are posted for users to try and solve.
• Challenger(s) - The businesses or other entities that post Challenges to be worked on by Problem Solvers.
• Challenge Reward(s) - The monetary or other compensation awarded to the winning Problem Solver(s) of a Challenge. The Challenge Rewards are standard, unless specifically chosen by The Challenger.
• Confidential Information - All non-public information, written or oral, disclosed through any means of communication by Challenger or any Problem Solver in connection with the Challenge and any Solution.
• Reward(s) - Any monetary or material compensation given to Problem Solvers for their activity on the website.
• Solution(s) - A proposal or idea submitted by a Problem Solver for any individual KrowdWise Challenge.
• Winning Solution - A Solution that is chosen as the recipient of the Challenge Reward for a specific KrowdWise Challenge.
• Challenge Brief - The document created for each KrowdWise Challenge that describes the nature of the Challenge, and the specific deliverables that Problem Solvers must submit in order to be eligible to win the Challenge Reward.
• Challenge-Specific Provisions - Additional terms and conditions outlined for a particular Challenge that a Challenger stipulates must be agreed to by participating Problem Solvers.

The following describes the terms applicable to the use of the Site. Your use of the Site forms a legally binding contract with Lunah Media Pty Ltd for their KrowdWise platform. (“KrowdWise” or “us”) based on these Terms of Use. If you have registered as a Problem Solver, you will be bound to these Terms of Use as well as additional terms in any applicable Problem Solver agreement or Challenge-Specific Provision. Additionally, Challengers are also bound to the Terms of Use. PLEASE READ THE FOLLOWING CAREFULLY. If you do not accept the Terms of Use as stated here, do not use KrowdWise and its services. KrowdWise may revise these Terms of Use at any time by posting an updated version to this Web page. We may change these terms and conditions from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Site or our services after that date, your use will constitute acceptance of the revised terms and conditions. If any change to these terms and conditions is not acceptable to you, your only remedy is to stop accessing and using the Site and our services.

1. The Site . This Site provides a service whereby Challengers may post KrowdWise Challenges to source ideas or use KrowdWise’s database to identify and recruit potential job candidates from among the pool of KrowdWise Problem Solvers. Challengers may be commercial enterprises, not-for-profit organisations, local, provincial, or national governments (including agencies of the Republic of South Africa’s government), or other entities. By using this Site, you acknowledge that KrowdWise does not control in any manner the nature, quality, legality or timing of KrowdWise Challenges. You agree that KrowdWise is a neutral forum for KrowdWise Challenges to be posted, and Solutions to be submitted.

KrowdWise will use reasonable efforts to keep postings related to the results of Solutions and Challenge Rewards paid as current as possible. However, we do not guarantee that the postings or content on this Site will be current at all times.

2. Eligibility . The Site is not available for use by minors (those under 18 years of age, or otherwise under applicable law), or individuals or organisations who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. If you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with South Africa or its citizens, you may not use this Site.

3. Problem Solver Registration . To be eligible to solve KrowdWise Challenges (as further described below) and access information on the Site, you must register as a Problem Solver and agree to the Terms and Conditions set forth in this document, as well as any additional terms and conditions stipulated by individual Challengers. You may cancel your registration at any time by contacting info@krowdwise.co.za. As part of the registration process, you will be asked to select a password and a login name. You agree that your registration information at all times correctly represents your professional affiliation, experience, qualifications and ability to transact business. You may not use a login name of another Problem Solver or user. You may not disclose or share your password to any third parties or use your password for any unauthorized purposes. You agree to notify KrowdWise at info@krowdwise.co.za of any unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or login information. Remember, you are responsible for maintaining the confidentiality of your password(s).

4. Challenger Registration. To be eligible to post Challenges and access information on the Site, you must register as a Challenger and agree to the Terms and Conditions set forth in this document, as well as any additional terms and conditions stipulated by KrowdWise Inc. As part of the registration process, you will be asked to select a password and a login name. You agree that your registration information at all times correctly represents your professional affiliation, experience, qualifications and ability to transact business. You may not use a login name of another Challenger. Additionally, by creating a contest, you grant KrowdWise a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your KrowdWise Challenge Brief. You also agree to pick a Winning Solution for the Challenge and agree that KrowdWise will pay a Reward to the Problem Solvers who submit the Winning Solutions in addition to the KrowdWise fees you pay for the Challenge.

5. . Others’ Information. KrowdWise does not guarantee the accuracy of the Site or ownership of any information in a KrowdWise Challenge Brief or the availability of any Challenge Reward, unless otherwise stated in a KrowdWise Challenge Brief. While KrowdWise believes such information to be posted in good faith, KrowdWise does not control the information provided by others that is made available through the Site. Other user’s information may be inaccurate. You agree to look solely to the Challenger for any claims you may have regarding their information. If you (the Problem Solver) have a dispute with another user of the services (whether a Problem Solver, Challenger or otherwise), you hereby release KrowdWise from all claims of any kind arising out of such dispute.

6. Your Content. You (as the Problem Solver) are solely responsible for the content of Your Information, postings, Solutions or other content provided by you (“Your Content”). KrowdWise acts merely as a conduit for the distribution and/or publication of that information. KrowdWise reserves the right to take any action with respect to such information that it deems necessary or appropriate in its sole discretion if KrowdWise believes information is inappropriate for the Site or its services, may create liability for KrowdWise, or may cause KrowdWise to lose (in whole or in part) the services of its Internet service provider, advertisers, or other suppliers or partners. You hereby grant to KrowdWise a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licenseable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use Your Content in connection with the operation of the service or the promotion, advertising or marketing thereof (subject to our Privacy Policy as it relates to Your Information).

Additionally, Problem Solvers represent and warrant that Your Content will be accurate and will not (a) infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, (b) violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or (c) be libelous, unlawfully threatening, or unlawfully harassing. All Problem Solvers may be asked to make legally binding warranties and representations to KrowdWise and the Challenger in relation to a Solution that you submit.

You understand that the operation of the Site, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to our third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Site. Although we strive to keep Your Content secure, given the nature of the Internet, we cannot guarantee that we will be successful in doing so. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. We will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.

7. Conveyance of Ownership of Intellectual Property. If you submit a Solution in response to a KrowdWise Challenge Brief, you agree that you are the owner of the submitted Solution and that you are legally free to make the disclosure and to transfer the intellectual property rights being offered to the Challenger. You also agree that your Solution is subject to the additional terms and conditions in any applicable Problem Solver agreement or Challenge-Specific Provision. By submitting a Solution, all Problem Solvers agree to grant and hereby grant to the Challenger the intellectual property rights contained within their Solutions, regardless of whether any such Solution is a Winning Solution, and understand their Solutions may be used by the Challenger as they see fit. All Challengers agree that at least one Winning Solution will be chosen for each Challenge Brief, with an accompanying Challenge Reward paid by KrowdWise to the Problem Solver who provided the Winning Solution.

8. Payment of Rewards. Payment of Challenge Rewards will be handled in accordance with the terms set forth in the KrowdWise Challenge Brief and/or its applicable Problem Solver agreement or Challenge-Specific Provision. The conditions for qualifying for a particular Challenge Reward shall be as set forth on the Site in connection with that particular KrowdWise Challenge Brief and may include a list of excluded Solutions. The decision as to qualifying criteria and conditions and whether to accept a Solution is entirely within the discretion of the Challenger. For Challenge Rewards and all other Rewards, KrowdWise reserves the right to refuse payment and/or delivery at its own discretion.

Payment of any Challenge Reward is conditioned your cooperation with KrowdWise’s verification procedures. The Challenge Reward will be paid to you locally, in Rands or if required by your local law, in your local currency equivalent based on the foreign exchange rate in effect on the date of the disbursement by KrowdWise. KrowdWise is not responsible for payment of any Challenge Reward, or any part of any Challenge Reward, to any party other than to the Problem Solver through whom the Solution was submitted to KrowdWise. You understand that any Challenge Reward represents a complete payment. Individuals are solely responsible for any taxes that they might incur from their award.

Where more than one user is selected as the winner, it will be the decision of KrowdWise and the client whether the award is tiered and granted to the best performer and the rest of the award to be divided among the other winners, or if the money will be distributed equally among the winners.

Licensing and Copyright

Any submission submitted on KrowdWise must be original work created by the participant and the participants must have all necessary rights in and to the submission.

The submission must not infringe upon or violate any laws or any third-party rights, including, but not limited to, copyright, patent, trademark, trade secret, privacy, publicity or confidentiality rights or other proprietary or contractual rights and must not include material that is libelous, defamatory, or tortious.

By participating on KrowdWise, participants consent to and hand over to KrowdWise all necessary permissions, licenses, releases, waivers of moral rights and other approvals from third parties necessary for KrowdWise and its clients to use and exploit the submission, in whole or in part, including without limitation, to reproduce, make derivatives, edit, modify, translate, distribute, transmit, publish, license and broadcast the submission worldwide, by any means.

Participants confirm and consent to assigning all of their rights in the submission and the intellectual property embodied therein, to KrowdWise and its clients.

Participants must keep confidential the data and other information disclosed by KrowdWise and the contents of participants' submissions, during the KrowdWise Challenges and thereafter, unless KrowdWise authorizes disclosure of the information or Submission.

To participate on KrowdWise Challenges, participants agree to these terms and other terms described in the KrowdWise Intellectual Property Agreement.

9. Site Limited License. (a) KrowdWise shall retain all ownership in the Site and all content generated by it that is displayed on the Site. KrowdWise grants you a nonexclusive, revocable right to use the Site provided that you do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or (ii) modify or attempt to modify the Site in any manner or form except that you have the right to modify your self-generated content on the Site. The license granted to you by KrowdWise is a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of KrowdWise. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KrowdWise. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including Challenge descriptions, images, text, page layout, or form) of KrowdWise without express written consent. You may not use any meta tags or any other "hidden text" utilising KrowdWise’s name or trademarks without the express written consent of KrowdWise. Any unauthorized use terminates the permission or license granted by KrowdWise. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of KrowdWise.com so long as the link does not portray KrowdWise, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any KrowdWise logo or other proprietary graphic or trademark as part of the link without express written permission.

10. Compliance with Rules. You agree not to use any device, software or routine to interfere with the proper working of the Site or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree not to take any action (including without limitation, spamming) that imposes an unreasonable load on our infrastructure. You agree not to take any actions which may undermine the integrity of our system or the services, such as: leaving feedback or ratings for yourself; using the Site in violation of local, state, national or international law; uploading of files or content that contain material that violates the intellectual property rights of any third party. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Site and the transfer of the technologies or information with which you are involved, including without limitation, import/export requirements, and KrowdWise expressly disclaims any liability or responsibility thereto. You will comply with any codes of conduct, policies or other notices we provide you or publish on the Site, and you shall promptly notify us if you learn of a security breach related to the Site or our services.

11. No Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS". NEITHER KROWDWISE NOR CHALLENGER MAKES ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE SERVICES.

12. Limitation of Liability and Disclaimer. KrowdWise has no control over, and is not responsible for the acts or omissions of Challengers, or the quality or legality of the Solutions sought thereby. KrowdWise does not warrant or guarantee the accuracy or completeness of any KrowdWise Challenge Brief, nor endorse any Challenger. KROWDWISE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) YOU SUFFER OR INCUR AS A RESULT OF THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL KROWDWISE OR A CHALLENGER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR FOR ANY DAMAGES IN EXCESS OF $100 REGARDLESS OF THE CAUSE. You agree that you will be responsible for, and at the request of KrowdWise or Challenger, defend KrowdWise and/or Challenger from, third party claims arising out of information you provide to KrowdWise or Challenger for publication, any breach by you of this agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or KrowdWise’s services must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.

13. Harmful Substances. PLEASE NOTE THAT UNDERTAKING WORK RELATED TO KROWDWISE CHALLENGE STATEMENTS POSTED ON THE SERVICE MAY REQUIRE THE USE OR SYNTHESIS OF BIOLOGICS OR CHEMICALS THAT COULD BE BACTERIALLY MUTAGENIC, TOXIC, CARCINOGENIC OR OTHERWISE HARMFUL TO YOU AND ANYONE ELSE THAT IS EXPOSED TO THEM, AND YOU UNDERTAKE THE CREATION OF SUCH PROPOSED SOLUTIONS AT YOUR OWN RISK.

14. Other Contracts, Confidentiality. You agree that you will not disclose to KrowdWise or its affiliates, or to any Challenger, any information which you are under an existing contractual or other legal obligation to maintain in confidence or otherwise do not have the right to sell or license. You agree that you will not discuss or release any Confidential Information which belongs to you, other parties, or the Challenger related to any KrowdWise Challenge.

15. Third-Party Web Site Links. The Site may contain links to Web sites operated by parties other than KrowdWise. Such links are provided for reference only and KrowdWise does not control such Web sites and is not responsible for their contents. KrowdWise's inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

16. No Third Party Reliance. You agree that you will not present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of KrowdWise. This agreement shall have no third-party beneficiaries, other than certain Challengers in accordance with the terms of the applicable Problem Solver Agreement or Challenge-Specific Agreement.

17.   Copyright. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of KrowdWise or its Challengers and protected by the Republic of South Africa and international copyright laws. The compilation of all content on this site is the exclusive property of KrowdWise or its Challengers and protected by the Republic of South Africa and international copyright laws. All software used on this site is the property of KrowdWise or its software suppliers and protected by United States and international copyright laws.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under RSA. copyright law. If you believe in good faith that any content made available in connection with the Site infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed, or access to it blocked. Notices and counter notices should be sent to us at:

By Email:  info@krowdwise.co.za

18.  Termination. You are responsible for properly terminating your account. We reserve the right to (i) modify or discontinue, temporarily or permanently, the Site or our services (or any part thereof) and (ii) refuse any and all current and future use of the Site or our services (or any part thereof), suspend or terminate your account (any part thereof) or use of the Site or our services (or any part thereof) and remove and discard any of Your Content in the Site or our services (or any part thereof), for any reason, including if we believe that you have violated these terms and conditions. We shall not be liable to you or any third party for any modification, suspension or discontinuation of the Site or our services (or any part thereof). All of Your Content on the Service may be permanently deleted by us upon any termination of your account in its sole discretion.

19.  Indemnification. You shall defend, indemnify, and hold harmless KrowdWise, Challenger and their respective affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these terms and conditions, any of Your Content that is uploaded, posted or otherwise transmitted to the Site using your account, or your other access, contribution to, use or misuse of the Site or any of our services. We shall provide notice to you of any such claim, suit or demand. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

20. Miscellaneous. This Agreement shall be interpreted in accordance with the laws of the Republic of South Africa, any legal proceeding arising out of this Agreement will occur in the province of Gauteng, Republic of South Africa. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between KrowdWise and you with respect to the subject matter hereof, and you have not relied upon any promises or representations by KrowdWise with respect to the subject matter except as set forth herein. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law.