These Terms of Service (“Terms”) govern access to and use of the website and services provided by Refresh Afrika (“Refresh Afrika”, “we”, “us”, or “our”), including our website and any related campaign coordination, reporting, analytics tools, or other services (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms.

If you do not agree to these Terms, you should not access or use the Services.

1. Definitions

For the purposes of these Terms:

“Brand” means any organisation, company, or entity engaging Refresh Afrika to develop or manage a Campaign.

“Campaign” means a marketing initiative coordinated or managed by Refresh Afrika involving a Brand and one or more Creators.

“Content” means digital material created or published in connection with a Campaign, including social media posts, videos, images, written content, or similar materials.

“Creator” or “Influencer” means an individual or business entity producing digital content as part of a Campaign coordinated by Refresh Afrika.

“Services” means the campaign strategy, coordination, analytics, reporting, and related services provided by Refresh Afrika.

“User” means any individual or entity accessing or interacting with the Services.

2.About Refresh Afrika

Refresh Afrika is a brand management and influencer marketing firm that develops and manages creator-led marketing campaigns for brands and organisations.

Refresh Afrika’s services may include:

• campaign strategy development
• creator identification and coordination
• campaign planning and execution
• coordination of campaign deliverables
• campaign performance monitoring
• analytics and reporting.

Refresh Afrika acts as a campaign strategist and coordinator, facilitating collaborations between Brands and Creators.

Unless explicitly agreed in writing, Refresh Afrika is not a party to agreements between Brands and Creators and does not assume responsibility for the independent obligations of participating Brands or Creators.

3. Acceptance of Terms

By accessing or using the Services you confirm that:

• you have read and understood these Terms
• you agree to be bound by these Terms
• you have the legal authority to enter into binding agreements.

These Terms constitute a legally binding agreement between you and Refresh Afrika.

4. Eligibility

You must be at least 18 years of age to access or use the Services.

Creators participating in campaigns may operate as individuals, companies, or other lawful business entities.

Creators acknowledge that they act as independent contractors or independent businesses, and nothing in these Terms creates an employment, partnership, or agency relationship between Creators and Refresh Afrika.

5. Description of Services

Refresh Afrika develops and manages influencer marketing campaigns on behalf of Brands.

Campaign services may include:

• strategic campaign development
• creator selection and coordination
• campaign timeline management
• coordination of deliverables
• campaign performance monitoring
• campaign analytics and reporting.

Refresh Afrika provides strategic and operational support but does not guarantee campaign outcomes, including engagement levels, reach, conversions, or commercial performance.

Campaign performance may be influenced by factors beyond Refresh Afrika’s control, including platform algorithms, audience behaviour, timing of content publication, and external market conditions.

6. Brand Responsibilities

Brands engaging Refresh Afrika agree to:

• provide accurate campaign briefs and objectives
• ensure marketing claims are truthful and lawful
• comply with applicable advertising standards, consumer protection laws, and regulatory requirements
• provide necessary campaign materials and approvals in a timely manner.

Brands remain solely responsible for:

• the legality of their products or services
• the accuracy of marketing claims
• compliance with applicable advertising regulations and disclosure requirements.

7. Creator Participation

Creators participating in campaigns coordinated by Refresh Afrika act as independent contractors or independent business entities.

Creators agree to:

• deliver campaign content according to campaign briefs
• comply with advertising disclosure requirements and applicable marketing regulations
• clearly disclose sponsored or paid content where required by law or platform policies
• comply with the policies and terms of the platforms where content is published
• ensure that their content does not violate applicable laws or third-party rights.

Creators remain solely responsible for the content they produce and publish.

Creators may receive access to brand materials, creative briefs, or campaign information necessary for campaign execution. Such materials must be used solely for campaign purposes.

Authenticity of Engagement

Creators represent that engagement associated with their accounts is generated through genuine interactions.

Creators must not knowingly engage in practices intended to artificially inflate engagement metrics, including purchasing followers, likes, comments, views, or other forms of inauthentic engagement.

Refresh Afrika does not independently verify the authenticity of audience engagement on third-party platforms.

Creator Conduct

Creators participating in campaigns are expected to maintain professional conduct consistent with applicable laws, advertising standards, and platform policies.

Refresh Afrika is not responsible for the personal conduct or statements of Creators outside the scope of campaign deliverables.

Refresh Afrika reserves the right to discontinue collaboration with Creators whose conduct may reasonably harm the reputation of a Brand, Campaign, or the Services.

8. Campaign Agreements

Specific campaign details may be governed by separate written agreements between:

• Refresh Afrika and Brands
• Brands and Creators
• Refresh Afrika and Creators.

Where such agreements exist, they apply in addition to these Terms.

9. Content Ownership and Licensing

Unless otherwise agreed in writing:

• Creators retain ownership of the content they produce.
• Brands may receive a limited licence to use campaign content for agreed marketing purposes.

Extended licensing rights, paid media usage rights, or ownership transfers must be agreed in writing.

Brands retain ownership of their trademarks, logos, and proprietary materials used in campaigns.

10. Campaign Content Retention

Creators agree that campaign content must remain publicly accessible for the duration specified in the applicable campaign brief or agreement.

Creators may not remove or materially alter campaign content during the agreed campaign period without consent from the Brand or Refresh Afrika.

Refresh Afrika is not responsible for content removal decisions made by Creators or actions taken by third-party platforms.

11. Refresh Afrika Intellectual Property

All methodologies, campaign frameworks, strategies, analytics models, dashboards, reports, processes, and systems developed by Refresh Afrika remain the intellectual property of Refresh Afrika unless otherwise agreed in writing.

12. Proprietary Methods and Systems

Refresh Afrika’s Services may involve proprietary methodologies, campaign frameworks, analytical processes, reporting structures, coordination systems, and other operational approaches developed by Refresh Afrika.

These methodologies and systems constitute confidential and proprietary information of Refresh Afrika.

Nothing in these Terms grants any User, Brand, or Creator the right to access, reproduce, reverse engineer, copy, or otherwise use such methodologies or systems outside the scope of the Services without prior written consent from Refresh Afrika.

13. Campaign Data and Reporting

Refresh Afrika may collect and analyse campaign performance data during campaign execution.

Campaign reporting may include metrics derived from third-party platforms such as social media networks.

Refresh Afrika may provide performance reporting or insights to campaign participants where reasonably necessary for campaign coordination or performance monitoring.

Campaign analytics are provided for informational purposes only and do not guarantee engagement, reach, revenue, or commercial outcomes.

Refresh Afrika may reference campaigns, campaign outcomes, participating brands, or creators in marketing materials, case studies, or portfolio examples unless otherwise agreed in writing.

Refresh Afrika may also use anonymised or aggregated campaign results for internal research, marketing materials, portfolio examples, or case studies.

Campaign analytics may rely on information made available by third-party platforms. Refresh Afrika does not control these platforms and cannot guarantee the accuracy, completeness, or availability of such data.

14. Payments and Fees

Payment arrangements may vary depending on campaign structure.

Unless explicitly agreed otherwise in writing:

• Brands are responsible for compensating Creators.
• Refresh Afrika is not responsible for payment obligations or disputes between Brands and Creators.

Refresh Afrika may charge service fees for campaign strategy, management, or related services.

15. Confidentiality

Participants may receive access to confidential information including campaign strategies, marketing plans, analytics reports, creative briefs, or commercial terms.

Such information must not be disclosed outside the scope of the Campaign without consent.

16. Acceptable Use

Users may not use the Services to:

• engage in unlawful conduct
• publish misleading or fraudulent content
• infringe intellectual property rights
• interfere with the operation or security of the Services.

Refresh Afrika reserves the right to restrict or terminate access where these Terms are violated.

17. Third-Party Platforms

Campaigns coordinated through Refresh Afrika may involve content published on third-party platforms such as Instagram, TikTok, YouTube, or similar services.

Users must comply with the policies and terms of those platforms.

Refresh Afrika is not responsible for platform outages, policy changes, account suspensions, or algorithmic changes affecting campaign performance.

18. Disclaimers

The Services are provided on an “as-is” and “as-available” basis.

Refresh Afrika makes no warranties regarding campaign performance, audience engagement, or commercial outcomes.

19. Limitation of Liability

To the maximum extent permitted by law, Refresh Afrika shall not be liable for:

• disputes between Brands and Creators
• campaign performance outcomes
• inaccuracies in third-party platform data
• indirect or consequential damages arising from use of the Services.

Refresh Afrika’s total liability shall not exceed the total fees paid to Refresh Afrika during the twelve (12) months preceding the claim.

20. Indemnification

Users agree to indemnify and hold Refresh Afrika harmless from claims arising from:

• content created or published by them
• violations of applicable laws
• breach of these Terms.

21. Suspension or Termination

Refresh Afrika may suspend or terminate access to the Services where a user violates these Terms or interferes with campaign operations.

Users may discontinue use of the Services at any time.

22. Force Majeure

Refresh Afrika shall not be liable for delays caused by events beyond its reasonable control, including:

• platform outages
• internet disruptions
• government actions
• natural disasters.

23. Relationship of the Parties

Nothing in these Terms shall create any partnership, joint venture, employment, or agency relationship between Refresh Afrika and any User, Brand, or Creator.

Creators participate in campaigns as independent contractors or independent business entities.

24. Assignment

Refresh Afrika may assign or transfer its rights or obligations under these Terms in connection with a merger, acquisition, restructuring, or sale of its business or assets.

Users may not assign their rights or obligations under these Terms without prior written consent from Refresh Afrika.

25. Entire Agreement

These Terms constitute the entire agreement between the parties regarding the use of the Services and supersede any prior agreements or communications relating to the subject matter.

26. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

27. Waiver

Failure by Refresh Afrika to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

28. Changes to Terms

Refresh Afrika may update these Terms periodically.

Updated Terms will be published on the website with a revised effective date.

Continued use of the Services constitutes acceptance of the updated Terms.

29. Governing Law

These Terms are governed by the laws of the Republic of South Africa.

Any disputes arising from these Terms shall be subject to the jurisdiction of the courts of Johannesburg, Gauteng.

30. Contact

Refresh Afrika

Email: hello@refreshafrika.com