Terms of Service

By downloading, installing, accessing, or using the Cr8tiveHub application, the Cr8tivehub website, or any of our associated services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the Service.

You must be at least 18 years of age to use Cr8tiveHub. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

These Terms constitute a legally binding agreement between you and Cr8tiveHub Digital Studios (Pty) Ltd. (“Cr8tiveHub”, “we”, “us”, “our”), a company registered in South Africa.

These Terms apply to all of the following Cr8tivehub surfaces:

• cr8tivehub.com — the public marketing website;
• the Cr8tivehub mobile app — for creatives and talent seekers;
• accounts.cr8tivehub.com — the web account portal for subscription management and billing;
• agency.cr8tivehub.com — the agency portal (subject also to the Agency Terms below).

Organisations and agencies. If you use the Cr8tivehub agency portal on behalf of an organisation or agency, you are additionally bound by the separate Agency Terms of Service and Agency Data Processing Addendum at agency.cr8tivehub.com/terms and agency.cr8tivehub.com/dpa. Those agreements govern organisational use and, in the event of any conflict, prevail over these Terms for that use.

Cr8tiveHub is a creative talent marketplace that connects creative professionals — including musicians, actors, photographers, DJs, producers, stylists, and other creatives — with individuals and organisations seeking creative talent.

The Service includes the following features:

• Portfolio showcasing with support for images, video, and audio
• Opportunity listings where talent seekers post job opportunities
• Direct messaging between users
• Discovery and search powered by matching algorithms
• Subscription management and billing via the web account portal
• Identity verification for trust and authenticity, including an optional paid verified badge
• Credits and ratings — a record of work you have done, confirmed by the people you did it with
• Optional paid visibility boosts that raise your placement in discovery for a fixed period
• For agencies: team seats, opportunity posting allowances, talent search, and — on the Enterprise plan — cohort management and programme reporting for training and placement organisations

The Website at cr8tivehub.com is an informational and marketing surface. It allows you to:

• Learn about Cr8tivehub.
• Read featured Creator profiles and Opportunities that have been made public by the relevant users.
• Submit an enquiry through the contact form.
• Sign up to a newsletter (optional).
• Click through to download the mobile app or to register on the account or agency portals.

The Website does not let you create a Cr8tivehub account, post content, or transact. Those actions happen on the apps and portals.

• One account per person: Each individual may maintain only one Cr8tiveHub account. Creating multiple accounts is prohibited and may result in termination of all accounts.
• Account security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us at support@cr8tivehub.com if you suspect unauthorised access to your account.
• Accurate information: You must provide truthful, accurate, and complete information when creating your account and keep it up to date. Impersonation or misrepresentation of your identity is strictly prohibited.
• Age requirement: You must be at least 18 years old to create an account and use the Service.
• Non-transferable: Your account is personal to you and may not be transferred, sold, or assigned to any other person or entity.
• Suspension and termination: We reserve the right to suspend or terminate any account that violates these Terms, at our sole discretion, with or without prior notice depending on the severity of the violation.

When using Cr8tiveHub, you agree not to engage in any of the following prohibited activities:

• Impersonation or false identity: Pretending to be another person, entity, or misrepresenting your affiliation with any person or organisation.
• Illegal, defamatory, or infringing content: Uploading content that is unlawful, libellous, defamatory, obscene, or that infringes on the intellectual property rights of others.
• Harassment and abuse: Engaging in harassment, bullying, threats, intimidation, or abusive behaviour towards other users.
• Spam and unsolicited messages: Sending unsolicited commercial messages, chain messages, or bulk communications.
• Circumventing security: Attempting to bypass, disable, or interfere with any security features of the Service.
• Scraping and automated collection: Using bots, scrapers, or other automated tools to collect data from the Service without our express written permission.
• Illegal services: Using the platform to advertise, solicit, or facilitate illegal activities or services.
• Adult content: Posting sexually explicit content. Cr8tiveHub does not host sexually explicit content on any surface, and there is no authorisation, permission, or exception by which it may be posted.
• Content involving minors: Any content depicting or involving minors in a sexual context is subject to zero tolerance. Such content will be immediately removed, the account permanently terminated, and the matter reported to the South African Police Service (SAPS) and other relevant authorities.

6.1 Acceptable Use of the Website

When using the public Website at cr8tivehub.com, you additionally agree not to:

• Use the Website for any unlawful purpose, or in any way that violates these Terms or any applicable law;
• Send spam, abusive content, threats, or harassing messages through the contact or newsletter forms;
• Submit false personal information, or impersonate any person or organisation in the contact form;
• Attempt to gain unauthorised access to the Website or its underlying systems;
• Use bots, scrapers, or other automated tools to harvest content or contact information;
• Probe, scan, or test the vulnerability of the Website without our prior written authorisation. Responsible-disclosure reports are welcome at security@cr8tivehub.com;
• Reproduce, copy, modify, distribute, or commercially exploit any part of the Website without our prior written permission, except as expressly permitted in section 7;
• Use any part of the Website (including any creator profile, opportunity, or photograph) to train, fine-tune, or evaluate any machine-learning or artificial-intelligence system, without our prior written permission.

We reserve the right, at our sole discretion, to block any IP address or user that breaches this section, and to refer matters to law enforcement where appropriate.

Your content: You retain full ownership of all content you upload to Cr8tiveHub, including portfolio items, images, video, audio, and text. We do not claim ownership of your content.

Licence grant:By uploading content to Cr8tiveHub, you grant us a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, cache, reproduce, display, distribute, and promote your content within the platform and in connection with marketing the Service, and to modify, adapt, reformat, re-encode, transcode, resize, crop, and excerpt it to the extent needed to deliver and present it. That second limb is not a licence to rewrite your work: it is what lets us generate thumbnails and preview images, produce lower-resolution or differently-encoded versions so your video and audio play on a slow connection or an older device, and build the preview card that appears when a link to your profile or an Opportunity is shared on another website or in a messaging app. We do not use these rights to alter the substance of your work, to combine it with anything that misrepresents it, or to present it as someone else's.

When the licence ends: The licence exists solely to enable us to operate and promote the Service, and it ends when you delete the content or your account — except, honestly stated, in four cases where a copy survives that deletion for a time:

• copies held in our encrypted backups persist until those backups are purged on their ordinary cycle, which our Privacy Policy describes;
• a sublicence properly granted before deletion continues on its own terms;
• marketing material already published or distributed before deletion need not be recalled or reprinted, though we will not use your content in new marketing after deletion; and
• copies we are required to keep for a legal, regulatory, safety, or dispute-resolution reason are kept for as long as that obligation lasts, and for nothing else.

In every one of those cases your ownership of the content is unaffected, and the licence is narrowed to what the case requires.

Our intellectual property: The Cr8tiveHub name, branding, logos, source code, design, and all proprietary technology are owned by Cr8tiveHub Digital Studios (Pty) Ltd. and are protected by South African and international intellectual property laws. You may not copy, modify, distribute, or create derivative works from any of our proprietary materials without express written permission.

Copyright infringement: If you believe that content on Cr8tiveHub infringes your copyright, please submit a written notice to legal@cr8tivehub.com including: (a) identification of the copyrighted work; (b) identification of the infringing material and its location on the Service; (c) your contact information; (d) a statement of good faith belief that the use is not authorised; and (e) a declaration that the information in the notice is true and correct to the best of your knowledge and belief. Section 77(7) of the Electronic Communications and Transactions Act 25 of 2002 makes a person who lodges a notification with wrongful intent, knowing that it materially misrepresents the facts, liable in damages for the resulting wrongful takedown. The fuller procedure, including the counter-notice route open to the person whose content was removed, is set out in our Copyright Takedown Policy.

7.1 Featured Profiles and Opportunities

Where Creator profiles or Opportunities are displayed on the Website, they have been made public by the relevant user. Such information remains the property of the user (or their licensors) and is licensed to us in accordance with the user's agreement with Cr8tivehub.

How you reach a Creator through Cr8tivehub. The Website is a shop window, not a transaction surface. If you are looking for creative talent, you register on the agency portal at agency.cr8tivehub.com, complete organisation verification, and publish an Opportunity. Creatives then apply to it, and you review the applications, shortlist, and select. That is where Cr8tivehub's part ends: there is no booking flow, no contract, no fee and no payment on the platform, and any engagement that follows is arranged directly between you and the Creator on terms the two of you agree. Section 20 sets out what that means.

We do not prohibit you from dealing directly with a Creator — that is the point of making them discoverable, and we have neither the means nor the standing to police a private arrangement between two people. What you may not do is:

• scrape, crawl, harvest, or bulk-extract profiles, contact details, or Opportunities from the Website, by any automated means or by manual compilation, whether for your own use, for a database, or for resale;
• circumvent, or attempt to circumvent, a paid or gated feature — for example by using a shared or borrowed account, or by extracting information the Website deliberately withholds from a signed-out visitor;
• contact a Creator in a way they have not invited and the law does not allow, including unsolicited direct marketing contrary to section 69 of POPIA and section 45 of the Electronic Communications and Transactions Act 25 of 2002;
• hold yourself out as acting for, endorsed by, or affiliated with Cr8tivehub when you approach a Creator.

You may not download, save, redistribute, or republish any portfolio image, video, or audio from the Website without the express written consent of the relevant Creator.

7.2 Website Content and Permitted Use

All other content on the Website — including the Cr8tivehub name, branding, logos, design, illustrations, and source code — is owned by Cr8tiveHub Digital Studios (Pty) Ltd. or our licensors and is protected by South African and international intellectual property law.

You may view, share via standard sharing tools (e.g. social media share buttons), and print pages from the Website for non-commercial, personal reference. Any other use requires our prior written permission.

7.3 What you promise about the content you upload

Cr8tivehub is a portfolio product: almost everything on it was put there by a user. This section is what you promise us each time you upload, post, stream, or send content — a portfolio item, a profile photograph, audio, video, text, or anything else. You warrant that:

• you own the content, or you hold a licence or permission from every person who does own it that is wide enough to allow everything these Terms permit us to do with it;
• the content infringes no copyright, trade mark, design, patent, performer's right, or any other right of any person;
• any royalty, licence fee, or collecting-society fee the content attracts has been paid or is not payable — including for music, footage, a typeface, or stock material appearing in it;
• every identifiable person appearing or heard in the content has consented to appear and to that content being published on Cr8tivehub, and you hold every model release, performer consent, or similar permission that publication needs;
• you hold any property release or permission needed for private property, an artwork, or a trade mark appearing in the content;
• the content contains no personal information about another person that you are not authorised to share, and where you are authorised, that the person has been told it will appear publicly on Cr8tivehub;
• where a person under 18 appears in the content, you hold the written consent of their parent or guardian, the content is in no way sexualised, and it complies in every respect with the Films and Publications Act 65 of 1996;
• the content complies with section 6 and with all applicable law.

You give these warranties each time you upload, and you repeat them for as long as the content stays on the platform. If one of them stops being true, you must take the content down. We may remove content and suspend or terminate an account where a warranty in this section is, or appears to be, untrue — and section 22 applies to any claim that reaches us because one was.

7.4 Moral rights

Section 20 of the Copyright Act 98 of 1978 gives the author of a work the right to claim authorship of it and to object to a distortion, mutilation, or other modification of it where that would be prejudicial to the author's honour or reputation. Those rights are yours as author, and these Terms do not ask you to waive them. South African law does not treat them as freely waivable in the way a United States-style waiver assumes, and we would not rely on a clause that pretended otherwise.

What you do acknowledge is narrower and practical. The reformatting, re-encoding, resizing, cropping to a thumbnail, and excerpting described in the licence grant above are technical steps needed to show your work across devices and connections; you agree to them, and you agree that carrying them out faithfully is not a distortion or mutilation of your work for the purposes of section 20. Where we display your work we will attribute it to you as your profile attributes it. If you nonetheless believe a particular presentation of your work prejudices your honour or reputation, write to legal@cr8tivehub.com and we will change it or take it down.

7.5 Machine learning and artificial intelligence

Section 6 forbids other people from using content on Cr8tivehub to train, fine-tune, or evaluate a machine-learning or artificial-intelligence system. It would be a poor document that policed everyone except its author, so here is our own position:

• We do not train a generative artificial-intelligence model on your portfolio content, your profile, your messages, or your live streams, and we do not licence or sell that content to anyone else to train one.
• We do run automated systems inside the Service — the search, ranking, and matching that power discovery, and automated checks that flag content and conduct for moderation. These operate on your content in order to deliver the features you are using. They do not produce a model that is sold, shared, or used outside Cr8tivehub.
• The optional identity verification described in section 11 involves automated biometric checks carried out by our verification provider on the document and selfie you give it. What that provider receives, and how long it keeps it, is set out in the Privacy Policy.
• If we ever intend to train a generative model on user content, we will say so in these Terms before we begin and ask for your consent. It will not arrive through a quiet edit to this page.

• Opportunities are posted by organisations and by individual talent seekers. An organisation must complete the verification described in the Agency Terms before it can publish an Opportunity. There is no equivalent verification requirement for an individual poster, and verification of an organisation is a check of its registry details — not a vetting of the organisation, an endorsement of it, or a guarantee of how it will behave. Cr8tiveHub provides the platform but does not endorse or guarantee the legitimacy of any specific opportunity.
• Cr8tiveHub does not guarantee employment, engagement, selection, or any other outcome from applying to or posting opportunities on the platform.
• We are not a party to any agreement, contract, or arrangement entered into between creatives and talent seekers. Any disputes arising from such arrangements are between the relevant parties.
• Verified credits are automatically issued when an application is marked as selected by the opportunity poster. These credits appear on the creative's public profile.

How an application progresses

An application has five states, and no others:

• Applied — your application has been sent.
• Under review — the poster has opened it and is considering it.
• Shortlisted— you are on the poster's shortlist.
• Selected — the poster has chosen you for the Opportunity.
• Not selected — the poster has chosen someone else, or closed the Opportunity.

Selection is the last step that happens on Cr8tivehub. There is no state after it, because there is nothing after it that we run. Cr8tivehub operates no booking flow, issues and holds no contract between you and the poster, sets and collects no engagement fee, and handles no money passing between the two of you. Everything that follows selection — terms, dates, scope, fee, invoicing, payment, and any dispute about any of them — is agreed and carried out directly between you and the poster, away from the platform. Section 20 sets out what that means for the relationship between you and us.

Credits & Ratings

A credit is a record that you worked on something. Anyone who credits you may also tag other people on the same piece of work and leave a rating and comment for each of them.

• You control what appears on your profile. A credit someone else creates and tags you on does not appear publicly until you accept it. Until then it sits on your credits list marked as not yet completed. Declining it removes it.
• You cannot edit a rating you were given. Only the person who gave it can change it. This is what keeps a rating meaningful — a score you could edit would say nothing.
• Peer and industry ratings are kept separate. Ratings given by other creatives are aggregated separately from ratings given by agencies, and both are shown separately on your profile. They are never combined into a single score.
• Ratings and comments are the opinion of the person who left them, not of Cr8tiveHub. We do not verify them. If one breaches the Acceptable Use Policy you can report it and we will review it under section 14.
• Credits and ratings are part of your profile. If you delete your account they are removed with it, though a credit you gave to someone else remains on their profile as their record of the work.

When you submit the inquiry form, you confirm that the information you provide is accurate and that you have authority to submit it. We use that information only to respond to your enquiry, as described in our Privacy Policy.

We may keep a record of correspondence and your contact details for up to 24 months after the last interaction relating to your enquiry.

If you sign up to our newsletter, you consent to receiving marketing communications by email under section 69 of POPIA. You may unsubscribe at any time using the link at the bottom of every email or by emailing legal@cr8tivehub.com. Unsubscribing from the newsletter does not affect transactional email relating to any account you have on the wider Cr8tivehub platform.

Cr8tiveHub offers the following subscription tiers:

Agencies subscribe on separate plans (Starter, Professional, Studio, and a negotiated Enterprise plan), which differ in team seats, monthly opportunity posts and access to talent search. The price of each plan is shown before you pay and again on the confirmation screen.

One-off purchases

Some features are bought once rather than subscribed to. These are optional — the Service is usable without them.

A boost improves where your profile appears in discovery for the period shown. It does not guarantee applications, selection, views, or any particular outcome, and it does not affect the verification badge or your ratings.

Identity verification

• Verification is optional. The identity check is performed by our third-party verification provider, Didit, which checks your identity document, a live selfie and liveness, and matches your face to the document. Where Didit cannot decide automatically, a trained member of our team makes the decision. How your information is handled is described in our Privacy Policy.
• The R59.99 once-off payment covers the verification attempt, not a successful result. If your verification is declined, the payment is not refunded, but you may retry as many times as you need within that one payment. A successful check adds the Identity Verified badge to your profile.
• If you believe a decline was wrong, you can ask for it to be reviewed by a person by contacting support@cr8tivehub.com.
• Verification can be bought in the app through Google Play, or on the web through a PayFast checkout at accounts.cr8tivehub.com/verify. Refunds for store purchases are handled by the store (see section 12); refunds for PayFast purchases follow section 12 of these Terms.

What the verified badge does and does not mean

A badge says that an identity or a business was checked. It is not an endorsement of anyone's work, and it is not a guarantee of how they will behave — which is what the reporting and strike process in section 14 is for.

Because you are being asked to pay for it, it is worth being exact about what R59.99 buys. The Identity Verified badge on a creative's profile means one thing: that on the date it was issued, the identity check described above was completed successfully. It is not a vetting of that person, an assessment of their skill, experience, reliability, or professional conduct, a criminal-record or background check, a check of their qualifications or of anything they claim about their work history, or a warranty by Cr8tivehub about any of those things. It does not make an Opportunity they post more likely to be genuine, and it does not make an application they send more likely to succeed. It confers no placement advantage in discovery beyond the separately purchased boosts described above.

The badge may be removed if the information behind it turns out to be inaccurate, if you breach these Terms, or if we re-verify and the check does not pass. It is also hidden — not revoked, and without any effect on your subscription tier — if you change the email address or mobile number it was issued against, until you confirm the new one.

• All prices are in South African Rand (ZAR) and inclusive of applicable VAT. The price you are shown at checkout is the price charged, including any discount applied to your account.
• Card payments — subscriptions bought on the web are processed by PayFast (Pty) Ltd, a PCI DSS-compliant South African payment processor. We never receive or store your card number.
• In-app purchases — the verification badge and boosts are bought in the app through Google Play (the Apple App Store is coming soon and not yet available). The verification badge can also be bought on the web through PayFast at accounts.cr8tivehub.com/verify. In-app purchases are processed entirely by Apple or Google under their own terms; we receive only confirmation that the purchase succeeded.
• Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. Where you have opted into automatic renewal, we store a payment token with PayFast so the renewal can be charged; you can withdraw that at any time from the billing portal, and the subscription then simply ends at the close of the paid period instead of renewing.
• We reserve the right to change subscription pricing with 30 days' written notice. Existing subscriptions will honour the current price until the end of the active billing period.

• You may cancel your subscription at any time from the web account portal at accounts.cr8tivehub.com/billing.
• Purchases made in the app are refunded by the store, not by us.The verification badge and boosts are bought in the app through Google Play (or, once available, the Apple App Store), and refunds for them are governed by Apple's or Google's policies and must be requested from them. We cannot issue, refuse or reverse a store refund on your behalf.
• Where a store refunds such a purchase, the feature it paid for is withdrawn automatically — a refunded verification badge is removed, and a refunded boost ends. If you believe a refund was issued in error, contact us and we will review the case and can reinstate what was withdrawn.
• Upon cancellation, you will retain access to your paid features until the end of your current billing period. No partial refunds are provided for unused portions of a billing period.
• Refunds may be issued at our sole discretion in cases of verified technical failures that prevented you from using the Service during your subscription period.
• A declined identity verification is not refunded, however it was bought; retries are included in the one payment (see “Identity verification” in section 11).
• Entitlement codes (promotional or gift codes) are non-transferable and non-refundable.
• If your account is terminated for violation of these Terms, no refund will be provided for any remaining subscription period.

12.1 Your seven-day cooling-off right (ECT Act section 44)

Section 44 of the Electronic Communications and Transactions Act 25 of 2002 gives a consumer who buys online the right to cancel the transaction without reason and without penalty within seven days of concluding it, and to be refunded what was paid within 30 days of that cancellation. If you are a natural person buying a Cr8tivehub subscription, an identity verification, or a boost for your own account, that right is yours. To exercise it, email support@cr8tivehub.com within the seven days saying that you are cancelling under section 44. You do not have to give a reason, and we may not charge you for exercising the right — only, where the Act allows it, the direct cost of returning anything.

Two limits on that right come from the Act, not from us. It does not apply where the buyer is a juristic person — a company, close corporation, trust, or other business — which is why it appears here, in the consumer Terms, and is of little practical use in the Agency Terms. And section 42(2) of the Act disapplies it to services that, with your agreement, have already been fully performed before the seven days expire. Where you ask us to start a boost immediately, or you start and complete an identity verification, inside the cooling-off window, that exception may be engaged for that purchase.

Where the purchase was made inside the app through an app store, the store is the seller of record and the refund must be requested from the store, as the bullets above explain. Your section 44 right is not diminished by that; it is exercised against the store rather than against us, and we will help you pursue it if you ask.

12.2 Cancelling a fixed-term agreement (CPA section 14)

If you are a consumer for the purposes of the Consumer Protection Act 68 of 2008 and your agreement with us runs for a fixed term — an annual subscription does — section 14 of that Act lets you cancel it at any timeby giving 20 business days' written notice, whether or not either of us is in breach. This right sits alongside the ordinary cancellation route in this section, and it is not limited to the cooling-off window.

On such a cancellation we may charge a reasonable cancellation penalty in respect of the unexpired portion of the term, determined in accordance with regulation 5(2) of the Consumer Protection Act regulations, and we must credit you with any amount standing to your credit at the date the cancellation takes effect. Section 14 does not apply where the customer is a juristic person.

Nothing in this section 12 limits a right you have under the Electronic Communications and Transactions Act 25 of 2002, the Consumer Protection Act 68 of 2008, or any other law that cannot be excluded by agreement. Where this section and one of those rights differ, the right prevails and this section is to be read as giving way to it.

• All live streams must comply with the Acceptable Use Policy set out in section 6 of these Terms.
• We reserve the right to terminate any live stream that violates our policies, without prior notice.
• Live streams may be temporarily recorded for content moderation purposes. Recorded streams used for moderation are not publicly accessible and are deleted after review.
• If you host a live stream with co-hosts or guests, you are responsible for ensuring that all participants consent to being recorded and to the broadcast of their likeness and voice.

Cr8tiveHub operates a three-strike system for policy violations:

Immediate termination: Content that is illegal, involves the exploitation of minors, or poses an immediate threat of harm will result in immediate account termination without prior warning and will be reported to the South African Police Service (SAPS) and other relevant authorities.

If you wish to appeal a moderation decision, please contact support@cr8tivehub.com with the details of your case. We will review your appeal and respond within 14 business days.

The Website may contain links to third-party websites (for example, partners, social media, or app-store listings). Those websites are operated independently of Cr8tivehub. We are not responsible for their content, privacy practices, or terms. Use them at your own risk.

We aim to keep the Website available at all times, but we do not guarantee uninterrupted availability. We may, at any time and without prior notice:

• Modify, suspend, or discontinue any part of the Website;
• Update the content of any page;
• Change these Terms (see section 19).

Service provided “as is”: The Service is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

No guarantee of availability: We do not guarantee that the Service will be uninterrupted, error-free, or available at all times. We may suspend or discontinue the Service (in whole or in part) at any time with reasonable notice.

Third-party content: We are not responsible or liable for content posted by users, including portfolio items, messages, opportunity listings, and live streams. Users are solely responsible for the content they create and share. We make reasonable efforts to ensure that information on the Website is accurate and up to date, but we do not warrant or guarantee that it is. Profile and opportunity content is created by users, not by us, and we are not responsible for its accuracy, lawfulness, or quality.

Limitation of liability: To the maximum extent permitted by South African law, our total aggregate liability to you for all claims arising out of or relating to the Service shall not exceed the total amount you paid to us in the three (3) months immediately preceding the event giving rise to the claim. To the maximum extent permitted by law, Cr8tivehub will not be liable for any indirect, consequential, special, or punitive damages, including lost profits, lost data, or lost business, arising out of or in connection with your use of, or inability to use, the Service or the Website.

Statutory rights preserved: Nothing in these Terms excludes or limits liability for gross negligence, wilful misconduct, or fraud. Nothing in these Terms is intended to limit your statutory rights under South African consumer protection legislation, including the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002.

These Terms are governed by and shall be construed in accordance with the laws of the Republic of South Africa.

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Cape Town Division of the High Court of South Africa, unless applicable law requires that the dispute be heard in your local jurisdiction.

Nothing in these Terms limits your statutory rights under South African consumer protection legislation, including the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, and the Protection of Personal Information Act 4 of 2013.

We may update these Terms from time to time. When we make material changes, we will provide at least 30 days' notice by:

• Sending a notification to your registered email address
• Displaying an in-app notification within the Cr8tiveHub app
• Posting the updated Terms at cr8tivehub.com/terms

The “Last updated” date at the top reflects the most recent revision. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the updated Terms. If you do not agree with the changes, you should discontinue use of the Service and delete your account before the effective date.

Cr8tivehub makes creatives visible to the people looking for them, and makes those people visible to creatives. That is the whole of what we do. A creative builds a profile and becomes discoverable; a talent seeker publishes an Opportunity; creatives apply; the poster shortlists and selects. What happens after that happens between those two people, and this section records what follows from that.

• Cr8tivehub is not your employer and you are not our employee. Nothing in these Terms, in your use of the Service, in any Opportunity you apply to or are selected for, or in any payment you receive from anyone, creates a contract of employment between you and Cr8tivehub.
• Cr8tivehub is not a temporary employment service — a labour broker — as contemplated by section 198 of the Labour Relations Act 66 of 1995. We do not procure or provide any person to a client to perform work for that client, we remunerate no creative for work done for a client, and no creative performs work for a client under our direction or control.
• Cr8tivehub is not a talent agency, manager, broker, casting director, or representative of any creative or any talent seeker. We negotiate on nobody's behalf, accept instructions on nobody's behalf, and take no commission, finder's fee, or percentage of any engagement.
• These Terms create no partnership, joint venture, franchise, or fiduciary relationship between you and Cr8tivehub, and neither of us may represent to anyone that it has authority to bind the other.
• Where a talent seeker engages you, you are engaged by that person, not by us, as an independent contractor or as their employee, according to whatever the two of you agree. You are responsible for your own income tax, provisional tax, VAT where it applies, UIF, insurance, and any licence or permit your work requires.

The statutory presumption. Section 200A of the Labour Relations Act 66 of 1995 and section 83A of the Basic Conditions of Employment Act 75 of 1997 create a rebuttable presumption that a person who works for, or renders services to, another is an employee where any one of a list of factors is present. The parties record that those factors are not present between a creative and Cr8tivehub: we do not control or direct the manner in which any creative works, we do not set anyone's hours of work, we provide no tools or equipment, we pay no remuneration of any kind to any creative, we handle no money passing between a creative and a talent seeker, we require no exclusivity, and a creative is free to work through any other channel and to decline any Opportunity without consequence on the platform.

This is a statement of how the arrangement actually works, not an attempt to contract out of labour law. Nothing in this section deprives any person of a right they hold under South African labour legislation, and whether that legislation applies to a given relationship is ultimately a question for a court or the CCMA on the facts, not a question this document can settle.

No engagement infrastructure, and no money. Cr8tivehub does not provide, and does not hold itself out as providing, booking infrastructure, escrow, invoicing, contracting, or payment processing between a creative and a talent seeker. The only money that moves through Cr8tivehub is what you pay us for a subscription, an identity verification, or a boost. We are not a party to any engagement between users, we do not guarantee that one will be offered, performed, or paid for, and any dispute about one lies between the people who agreed it. Sections 17 and 22 apply.

The Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”) prohibits the interception of a communication unless a party to that communication has consented in writing, or another exception in the Act applies. Our Privacy Policy says that messages are retained for safety and moderation, and section 13 of these Terms says that live streams may be recorded for moderation. This section is the written consent that makes those things lawful, given by your acceptance of these Terms.

You consent to Cr8tivehub:

• storing and transmitting the direct messages you send and receive on the platform, and retaining them so that you and the person you are speaking to can read them again;
• accessing and reading a direct message, a live-stream chat message, an application, or any other communication on the platform where it is reported to us, where an automated check flags it, or where we reasonably need to in order to investigate a breach of these Terms, a safety concern, fraud, or a legal obligation;
• temporarily recording a live stream for content moderation as described in section 13, and reviewing that recording;
• retaining communications and their metadata for the periods set out in the Privacy Policy, including after they have disappeared from your view, where they are needed for a safety investigation, a dispute, or a legal obligation; and
• disclosing a communication to the South African Police Service, the Information Regulator, or another competent authority where the law requires it or where it concerns an immediate risk of harm.

What this consent is not. We do not read private messages routinely, we do not read them to target advertising, and we do not sell them. Review is targeted: it is triggered by a report, an automated flag, or a legal obligation. A moderator who opens a conversation does so against a recorded reason, and that access is itself logged in our administration system.

You are consenting for yourself only. When you send a message you are a party to it, and RICA allows a party to consent. If you are communicating on behalf of somebody else, or recording somebody else, their consent is your responsibility — as section 13 already provides for live-stream guests and co-hosts.

You may withdraw this consent by ceasing to use messaging and live streaming and by closing your account. You cannot use those features without it, because we cannot moderate what we are not permitted to look at, and an unmoderated messaging surface is not one we are willing to operate.

You indemnify Cr8tiveHub Digital Studios (Pty) Ltd and its directors, officers, employees, and contractors, and hold them harmless, against all losses, damages, costs, expenses (including reasonable legal costs), claims, demands, fines, and regulatory penalties arising out of or in connection with:

• your breach of these Terms, including a breach of the warranties in section 7.3 about the content you upload;
• any content you upload, post, stream, or send, including a claim that it infringes another person's rights or that a person appearing in it did not consent;
• any engagement, contract, or arrangement you enter into with another user, and any dispute about it — including a claim that you were in truth our employee;
• your processing of another person's personal information obtained through the Service; and
• your breach of any applicable law.

This indemnity does not apply to the extent that the loss was caused by our own gross negligence, wilful misconduct, or fraud, and nothing in it limits a right you have under the Consumer Protection Act 68 of 2008 or any other law that cannot be excluded by agreement. If we intend to rely on this section we will tell you promptly of the claim, will not settle it without first consulting you, and will give you a reasonable opportunity to participate in defending it at your own cost.

This section applies only if you obtained the Cr8tivehub application from the Apple App Store, and only to that copy of it (the “Licensed Application”). Where it differs from the rest of these Terms, this section prevails for that copy. “Apple” means Apple Inc.

• Who this agreement is with. These Terms are concluded between you and Cr8tiveHub Digital Studios (Pty) Ltd only, and not with Apple. Cr8tivehub, not Apple, is solely responsible for the Licensed Application and its content.
• Scope of licence. Apple grants you a non-transferable licence to use the Licensed Application on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, save that it may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Maintenance and support. Cr8tivehub is solely responsible for providing maintenance and support for the Licensed Application. Apple has no obligation whatsoever to furnish any maintenance or support services for it.
• Warranty.In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Cr8tivehub's sole responsibility.
• Product claims. Cr8tivehub, not Apple, is responsible for addressing any claim by you or a third party relating to the Licensed Application or your possession and use of it, including a product-liability claim, a claim that it fails to conform to a legal or regulatory requirement, and a claim arising under consumer-protection, privacy, or similar legislation.
• Intellectual-property claims. In the event of a third-party claim that the Licensed Application, or your possession and use of it, infringes that third party's intellectual-property rights, Cr8tivehub, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim.
• Legal compliance.You represent and warrant that you are not located in a country subject to a United States Government embargo or designated by the United States Government as a “terrorist supporting” country, and that you are not listed on any United States Government list of prohibited or restricted parties.
• Developer contact. Questions, complaints, and claims about the Licensed Application should be directed to support@cr8tivehub.com.
• Third-party terms. You must comply with any applicable third-party terms of agreement when using the Licensed Application.
• Apple as third-party beneficiary. You and Cr8tivehub acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to your licence of the Licensed Application, and that upon your acceptance of these Terms Apple will have the right — and will be deemed to have accepted the right — to enforce these Terms against you as a third-party beneficiary of them.

The Cr8tivehub application is not yet available on the Apple App Store, as sections 11 and 12 state. This section is included now so that it is in place, and binding, from the moment it is.

When you create a Cr8tivehub account you are shown these Terms and the Privacy Policy and asked to accept them. When you do, we record against your account the publication date of the exact version of each document you were shown, together with the date and time you accepted it. We do the same when you accept a materially changed version under section 19, and we record separately the specific consent you give before an identity verification.

This cuts both ways, deliberately. It means we can tell you which wording you actually agreed to and on what date, instead of pointing you at whatever this page happens to say today; and it means neither of us has to rely on memory about what was on the screen. You may ask for your acceptance record at any time by emailing legal@cr8tivehub.com.

These records are electronic. Under sections 11 to 15 of the Electronic Communications and Transactions Act 25 of 2002, information is not without legal force merely because it is wholly or partly in the form of a data message, and a data message is admissible in evidence. You agree not to dispute the validity or admissibility of your acceptance on the ground that it was given electronically.

Section 43 of the Electronic Communications and Transactions Act 25 of 2002 requires a supplier offering goods or services for sale through an electronic transaction to make the following information available to a consumer before the consumer places an order. This section is that disclosure.

Section 43(2) of the Act gives you the right to review the whole electronic transaction, to correct any mistake, and to withdraw from it, before finally placing the order. The checkout screens provide that opportunity. Section 43(3) provides that where a supplier fails to make this information available, the consumer may cancel the transaction within 14 days of receiving the goods or services.

26.1 Entire agreement

These Terms, together with the Privacy Policy, the Cookie Policy, the Trust & Safety policy, the Copyright Takedown Policy, and — for organisational use — the Agency Terms and the Agency Data Processing Addendum referred to in section 2, constitute the whole agreement between you and Cr8tivehub in relation to the Service, and replace any earlier understanding, representation, or arrangement about it. Nothing in this clause excludes liability for a fraudulent misrepresentation, and nothing in it limits a right you have under the Consumer Protection Act 68 of 2008.

26.2 Severability

Each provision of these Terms is severable from the others. If a court or other competent authority finds any provision, or part of a provision, to be invalid, unlawful, or unenforceable, that provision or part is severed and the remainder of these Terms continues in full force and effect. Where the provision could be made lawful and enforceable by a modest modification, it is to be read with that modification rather than struck out.

26.3 No waiver

If we do not enforce a right under these Terms, or delay in enforcing it, that is not a waiver of the right and does not prevent us from enforcing it later. A waiver is effective only if given by us in writing, and a waiver on one occasion is not a waiver on any other.

26.4 Assignment

You may not cede, assign, or delegate your rights or obligations under these Terms, or transfer your account, to anyone else — section 5 already says the account is personal to you. We may cede or assign ours to a company in our group, or to a purchaser of our business or of the part of it that operates the Service, provided your rights under these Terms are not diminished by the transfer. We will tell you before that happens, and you may close your account if you would rather not continue.

26.5 Force majeure

Neither of us is in breach of these Terms, or liable to the other, for any failure or delay caused by something beyond our reasonable control — including an act of God, flood, fire, epidemic, war, civil unrest, strike or other industrial action, failure of a national telecommunications or electricity network, load-shedding, failure or withdrawal of a third-party hosting, streaming, verification, or payment provider, a change in law, or the order of a court or regulator. We will tell you if such an event materially affects the Service, and either of us may terminate if it continues for more than 30 days. This clause does not excuse a failure to pay money that is due, and it does not limit your rights under the Consumer Protection Act 68 of 2008.

26.6 Notices

We give you notice by email to the address registered on your account, by a notification in the app, or by publishing it on the relevant page of cr8tivehub.com — and section 19 says which of those we use for a material change to these Terms. A notice sent by email is treated as received on the day it was sent, unless we are told it was not delivered. Keeping your registered email address current is your responsibility.

You give us notice by email to legal@cr8tivehub.com, or by registered post to our registered address. Each of us chooses those addresses as its address for the service of legal documents (domicilium citandi et executandi).

26.7 Survival

Termination of your account, by either of us and for any reason, does not end the provisions of these Terms that by their nature are intended to continue. Section 7 survives to the extent stated in the licence-survival paragraph in that section, and sections 17 (disclaimers and limitation of liability), 18 (governing law), 20 (relationship of the parties), 22 (your indemnity), 24 (record of acceptance), and this section 26 survive in full, as does any right or liability that accrued before termination. Section 21 survives only so far as is necessary in respect of records lawfully made before termination.

If you have any questions about these Terms of Service, please contact us:

Cr8tiveHub Digital Studios (Pty) Ltd. Registered in South Africa.