1. Scope and acceptance
This Policy governs every listing, advertisement, image, logo, document and other material ("Posting") submitted to or published on the SA Franchise Brands website, newsletters and social media (the "Platform"). "We" means Active Media (Pty) Ltd trading as SA Franchise brands; "you" means the person or business submitting or managing a Posting (the "Advertiser").
Read this Policy with our Terms and Conditions www.safranchisebrands.co.za/terms-and-conditions and Privacy Policy www.safranchisebrands.co.za/privacy-policy. This Policy prevails on Postings; the Terms and Conditions prevail in every other respect.
If you do not accept this Policy, you may not use the Platform to advertise.
2. Who may advertise
Only genuine franchise brands may be posted: a business model in which the brand owner (the "Brand Owner") grants franchisees the right to operate under its brand and system, for a fee or royalty and with ongoing support, under a written franchise agreement of the kind covered by section 7 of the Consumer Protection Act 68 of 2008 ("CPA"). The brands may be South African or international brands.
We do not accept pyramid, multi-level marketing or referral schemes; "business opportunities" or investment schemes that are not franchises; brands that are not trading or have no franchise agreement and disclosure document; or unlawful offers.
Only one Posting per brand is allowed. A Brand Owner with several distinct concepts may post one per concept. Regional, resale or conversion opportunities need our written approval.
3. Posting rules
- Language: English only.
- Category: We will choose the single most relevant category for your brand. We may recategorize a Posting.
- Templates: complete them fully and accurately. We may withhold an incomplete Posting.
- Images: logos at least 500 px wide and photographs at least 1200 px on the longest side, as JPG or PNG, up to 5 MB. No blurred, stretched or watermarked images.
- Originality: the Posting must be your own work and may not copy another Posting or a third party. Reusing your own brand's material is fine.
4. Your warranties
By submitting a Posting you warrant that:
- you are authorised to bind the Brand Owner and accept this Policy on its behalf (an agent or consultant must hold written authority);
- all information is accurate, complete, current and not misleading, and you will update it within ten (10) business days of any material change;
- the franchise offer complies with the law, including the CPA franchise regulations;
- you own or may license all content, including trademarks and photographs, and have consent for any identifiable person or personal information shown.
5. Prohibited content
Postings must not contain content that:
- is unlawful, fraudulent or defamatory, or infringes anyone's intellectual property or privacy;
- amounts to hate speech, incites violence or harm, or is obscene, sexually explicit or graphically offensive (see the Constitution and the Films and Publications Act 65 of 1996);
- unfairly discriminates on a ground listed in the Constitution or the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (lawful empowerment programmes, for example for women, youth, persons with disabilities or historically disadvantaged entrepreneurs, are not unfair discrimination if accurately described); or
- contains malware or harmful code, or is spam, a duplicate, or irrelevant to franchising.
6. Licence to use your Posting
You keep ownership of your content. You grant us a non-exclusive, royalty-free, worldwide licence, for as long as your Posting is live and a reasonable period afterwards to remove it from our systems, to display, reproduce, resize, adapt for formatting and distribute it on the Platform, in email and newsletters, on social media and in our other promotional channels, including featured, pinned and rotating placements. Tell us promptly if you lose the right to use any content.
7. Enquiries and personal information
We process personal information under the Protection of Personal Information Act 4 of 2013 ("POPIA") and our Privacy Policy. We pass franchise-seeker enquiries to the relevant Advertiser, who then becomes a responsible party under POPIA for those details and must:
- use them only to respond to the enquiry and deal with the seeker about the franchise;
- not add the seeker to marketing lists or send unrelated marketing without consent;
- keep them secure and delete them when no longer needed; and
- stop contacting the seeker if asked.
We send marketing about Advertisers, including featured franchise emails, only to people who have opted in, with an unsubscribe option in every message.
8. No guarantee and no endorsement
We aim to deliver genuine franchise-seeker enquiries but do not guarantee any number, quality or conversion of enquiries, visits, leads or sales.
A Posting is not an endorsement, recommendation, investment advice or verification of any brand, and we do not verify Postings. An endorsement is given only under a separate written arrangement. It applies only while you are an active advertiser, depends on our CPA review of your franchise agreement and disclosure document, and is granted or withdrawn at our directors' discretion.
Franchise seekers should do their own due diligence and get professional legal, financial and business advice.
9. Enforcement, fees and complaints
We may refuse, hold, edit for formatting or clarity, or remove a Posting, restrict or terminate access, or refuse a registration, where we reasonably believe that the Posting or Advertiser breaches this Policy or the Terms and Conditions, is inaccurate, misleading or unlawful, or is not suitable for the Platform. We decide reasonably and in good faith.
Where the issue can be fixed, we will first give written notice and five (5) business days to correct it and may hold the Posting meanwhile. We may remove a Posting immediately where it is unlawful, fraudulent or harmful.
You may send written representations within five (5) business days of a removal or restriction, and we will reply in writing.
If we remove a Posting or terminate your account because of your breach, no fees are refunded. If we remove it for any other reason, we refund the fee for the unused full months of the paid term, pro rata. Your rights under any written advertising agreement or the law are not affected.
To report unlawful, infringing, defamatory or misleading content, email info@safranchisebrands.co.za with your details, a link to the content, your reason, and proof of your rights if you claim infringement. We will act expeditiously, which may include disabling access while we investigate. Anyone who lodges a notice knowing it to be false may be liable for the resulting loss.
10. Indemnity and liability
You are solely responsible for your Postings. You indemnify us, our directors, employees and agents against all claims, losses, damages, penalties and reasonable legal costs arising from your Postings, content you submit, or your breach of this Policy or the Terms and Conditions.
Please read this carefully, because it limits our liability. To the fullest extent the law allows, we are not liable for indirect, special or consequential loss; loss of profit, revenue, business or enquiries; or loss arising from Advertiser or third-party content, third-party websites or reliance on a Posting. Our total liability to an Advertiser for a Posting or advertising arrangement is limited to the fees paid for the paid term in which the claim arose.
Nothing in this Policy limits liability for fraud, gross negligence or any liability that cannot be limited by law, including your rights under the CPA.
11. Changes, governing law and contact
We may amend this Policy. We will publish the update with its effective date and give existing Advertisers at least fourteen (14) days' email notice of a material change. A material change that is unfavourable to an Advertiser applies to its current paid term only if the Advertiser accepts it or the law requires it; otherwise, it applies from renewal. Continued use after a non-material change means you accept it.
This Policy is governed by South African law. You consent to the non-exclusive jurisdiction of the Western Cape High Court division.


