Terms and Conditions

Last updated [February, 27, 2026]

TERMS & CONDITIONS

1) Agreement to these Terms

These Terms & Conditions (“Terms”) form a legally binding agreement between you (“you”, “User”) and OpinionBay (“OpinionBay”, “we”, “us”, “our”) governing your access to and use of opinionbay.co.za and any related websites, pages, features, tools, software, widgets, badges, embeds, applications, and services we provide (collectively, the “Platform”).

By accessing or using the Platform, you confirm you have read, understood, and agree to be bound by these Terms and any policies referenced in them. If you do not agree, you must stop using the Platform.

2) Changes to Terms

We may update these Terms at any time by posting an updated version on the Platform and changing the “Last updated” date. Your continued use of the Platform after changes means you accept the updated Terms.

3) Definitions

“Listing”: any business, provider, service, product, place, or entity displayed on the Platform.
“Review”: any rating, review text, comment, reply, image, video, or other feedback posted about a Listing.
“User Content”: all content submitted to the Platform by Users or Businesses (including Reviews, replies, images/media, profile data, and submissions).
“Business”: any person or entity that operates, represents, or claims a Listing.
“Business Account”: an account used to manage a Listing and/or respond to Reviews.
“Badges”: any widgets, stickers, marks, logos, embeds, or code snippets provided by OpinionBay for display on third-party sites.
“Paid Features”: any paid services, promotions, advertising, subscriptions, upgrades, analytics, tools, or other monetised offerings offered now or in future.

4) What OpinionBay is (and is not)

OpinionBay is a platform that hosts and organises user-generated opinions and experiences about Listings.

You understand and agree that:

Reviews and ratings are opinions and may be subjective or incomplete.
We do not verify every Review, rating, image, or Listing detail.
We do not endorse, certify, guarantee, or warrant any Listing or Business.
We are not a party to any transaction, booking, purchase, refund, cancellation, dispute, or agreement between Users and Businesses.
The Platform does not provide professional advice (legal, medical, financial, or otherwise).

5) Rebrand and repurpose notice (Subscriptionbay → OpinionBay)

The Platform previously operated as Subscriptionbay.co.za and has been repurposed and rebranded as OpinionBay.co.za. You agree that references to Subscriptionbay in older materials may be treated as references to OpinionBay, and that accounts, Listings, and content may be migrated or continued under the OpinionBay brand, subject to these Terms and applicable law.

6) Eligibility

You must be at least 13 years old to use the Platform. If you are under 18, you must have permission from a parent/guardian where required by law.

7) Accounts, identity, and “anonymous” Reviews

Some features require an account (including posting Reviews, uploading images, claiming a Listing, responding as a Business, or reporting content).

We may allow Reviews to appear publicly:

under a display name; and/or
as “Anonymous” publicly, while still requiring an account identifier and/or verification behind the scenes (e.g., verified email/phone) to protect Platform integrity.

You agree to:

provide accurate, current information and keep it updated;
keep your credentials secure;
be responsible for activity on your account; and
not create accounts to impersonate others or evade enforcement.

We may require additional verification or restrict features to prevent abuse, fraud, or manipulation.

8) Listings and Business Accounts (claiming and management)

Listings may be created by Users, Businesses, OpinionBay, or via publicly available information.

Businesses may claim a Listing or create a Business Account. Claiming a Listing:

does not grant ownership of Reviews;
does not guarantee removal of Reviews;
does not prevent Users from posting Reviews.

Businesses are responsible for the accuracy of any information they submit and for ensuring they have rights to use any logos, images, or materials uploaded.

9) Review standards and content rules

When you post a Review or other User Content, you represent and warrant that:

Genuine experience: your Review reflects a real, first-hand experience (unless clearly stated and permitted).
Truthful intent: your content is honest to the best of your knowledge and not materially misleading.
No unlawful content: your content does not include hate speech, harassment, threats, bullying, or unlawful discrimination.
No personal data / confidential info: you will not publish personal information about others (e.g., ID numbers, home addresses, phone numbers, private emails, banking details) or confidential/private material (e.g., private messages, invoices, contracts), unless you have lawful basis and it is strictly necessary (we may still remove/redact).
No serious allegations framed as fact: you will not present serious allegations (e.g., “fraud”, “criminal”, “illegal”) as established fact. Where allegations create legal risk, we may remove or restrict content even if you believe it is true.
No manipulation: you will not post fake reviews, reviews on behalf of others, competitor reviews intended to harm, or coordinated campaigns (positive or negative).
No extortion: you will not threaten to post, remove, or change Reviews to obtain refunds, discounts, or other benefits.

10) Images and media

If the Platform allows images/videos in Reviews:

you must own the media or have permission to use it;
you must not include personal data or identifiable private individuals without consent;
you must not publish receipts/invoices containing personal information;
you must not use media to shame, threaten, or harass.

We may remove, blur, or redact media for privacy, safety, legal risk, or policy reasons.

11) Prohibited activities

You may not access or use the Platform for any purpose other than intended. You agree not to:

scrape, harvest, or systematically extract data or content (including via bots, scripts, crawlers, or automation) without written permission;
attempt to bypass security, rate limits, or access controls;
impersonate any person or entity;
interfere with the Platform or its systems;
upload malware or harmful code;
use the Platform to break laws or violate rights;
use the Platform to compete with us by reproducing substantial parts of our content, structure, or database.

12) Moderation, visibility, ranking, and integrity controls

We may (but are not required to) monitor, screen, or moderate User Content. We reserve the right, at our sole discretion, to:

publish, reject, edit, redact, re-categorise, label, limit visibility of, or remove Reviews or Listings;
apply integrity labels such as “Unverified”, “Incentivised”, “Under Review”, or similar;
restrict accounts or features;
use automated and manual tools to detect fraud, spam, duplication, manipulation, or policy breaches.

We may change how Reviews are displayed, sorted, summarised, highlighted, or ranked at any time.

13) Platform changes, feature trials, and experiments (A/B testing)

To improve the Platform, we may introduce, modify, test, or remove features at any time. This includes:

A/B testing and experiments (different layouts, ranking methods, prompts, review forms, labels, categories, scoring, or presentation);
beta/preview features;
regional, category-based, or user-based feature availability;
different experiences shown to different Users or Businesses;
changes to pricing, Paid Features, bundles, and promotions; and
changes to how content is displayed, weighted, or surfaced.

You agree that we may do this without notice, that features may not work perfectly, and that we are not liable for impacts caused by feature tests or changes, to the extent permitted by law.

14) Sponsored / promoted content disclosure

OpinionBay may display advertising, sponsored placements, promoted Listings, or other paid visibility (“Promoted Content”) now or in future.

Promoted Content may affect where a Listing appears or how it is displayed.
Where we reasonably can, we may label Promoted Content as “Sponsored”, “Promoted”, or similar.
Promoted Content does not mean OpinionBay endorses, guarantees, or verifies the Business.
Businesses acknowledge that payment does not grant control over moderation outcomes or review scores (see Section 16).

15) Business responses to Reviews

Businesses may respond to Reviews, provided responses:

are professional and relevant;
do not harass, threaten, or abuse reviewers;
do not disclose personal data or confidential customer details; and
do not attempt to intimidate Users into removing content.

We may remove Business responses that violate these Terms.

16) Paid Features, monetisation, and neutrality

OpinionBay may offer Paid Features now or in future (e.g., enhanced profiles, analytics, promotional placements, advertising, widget packages, verification tools, or subscriptions).

Payment does not buy outcomes. Businesses acknowledge and agree that payment does not guarantee:

removal or suppression of negative Reviews;
changes to ratings/scores;
preferential moderation decisions; or
immunity from enforcement.

If OpinionBay processes payments, we may use third-party payment providers and may impose additional payment terms, refunds policies, chargeback handling rules, and verification checks. We may change prices and introduce new paid tiers or pricing models at any time.

17) Badges/Widgets/Embeds (license and rules)

If OpinionBay provides Badges, we grant the Business a limited, revocable, non-exclusive, non-transferable license to display them only as provided and only for the permitted purpose (typically: linking to the correct Listing and showing current rating output).

Businesses must not:

alter, recreate, or manipulate any Badge, score, wording, logo, or display;
display outdated snapshots as if they are live/current;
imply OpinionBay endorsement, certification, partnership, or guarantee;
use Badges in a misleading context or alongside claims OpinionBay did not provide.

Revocation: We may revoke Badge permission at any time for misuse, suspected manipulation, profile suspension, legal risk, or policy breach. Upon revocation, the Business must promptly remove all Badges and related references as instructed.

18) Reporting content, complaints, and appeals process

This section sets out how OpinionBay handles content disputes and forms part of these Terms.

18.1 How to submit a report or complaint

Email info@opinionbay.co.za with:

URL(s) of the Review/Listing/content;
the rule you believe is violated or the legal concern;
a clear explanation; and
supporting evidence where applicable (redact unnecessary personal data).

If acting for a Business, include proof of authority (role, business email, or other confirmation).

18.2 Temporary actions during review

We may, at our discretion:

leave content live during review;
label “Under Review”;
limit visibility; or
remove content immediately where there is urgent privacy, safety, unlawful content, or legal risk.

18.3 Evidence and scope

We may request evidence such as transaction proof (redacted), timestamps, or communications (redacted). We generally do not decide commercial disputes. Our focus is whether content complies with these Terms and applicable law.

18.4 Business disputes and requests

A Business may request review of content where it reasonably believes the Review:

is fake or not based on genuine experience;
contains personal data, hate speech, threats, harassment, or confidential information;
involves extortion/coercion/manipulation; or
creates serious legal risk.

We may also encourage the Business to respond publicly where content is otherwise compliant.

18.5 Reviewer appeals

If your content is removed, restricted, or labelled, you may appeal by emailing info@opinionbay.co.za with:

relevant URL(s);
why you believe it complied;
clarifications or revised wording; and
supporting evidence (redacted).

We may reinstate, redact, relabel, restrict, or keep removed based on policy and legal risk.

18.6 Outcomes

Outcomes may include:

no action;
labels applied;
partial redaction;
visibility limitation;
removal;
warnings, feature limits, suspension, or termination for repeated breaches.

We may close complaints that are repetitive, abusive, lack sufficient information, or are better handled through formal legal channels.

18.7 No obligation to remove

We are not obliged to remove content solely because it is negative, disputed, or reputationally harmful. We aim to apply these Terms consistently but retain discretion to protect the Platform and manage risk.

18.8 Court orders and formal legal process

Where a complaint involves legal allegations (including defamation, unlawful conduct, or rights-based claims), OpinionBay may require a valid court order or formal legal process before taking action. OpinionBay may also preserve relevant content, account information, and records to comply with lawful requests and to protect the integrity of the Platform.

19) POPIA-aligned obligations (summary)

You agree not to publish personal information about others unless you have a lawful basis and it is strictly necessary. We may remove or redact personal information that appears in User Content.

OpinionBay may process information for:

operating and securing the Platform;
fraud prevention and integrity controls;
complaint handling and legal compliance; and
enforcement of these Terms.

Your use of the Platform is also subject to our Privacy Policy (published separately). If there is a conflict, mandatory law applies.

20) Intellectual property

The Platform (including software, structure, branding, databases, and trademarks) is owned by or licensed to OpinionBay. You may not scrape, copy, reverse engineer, or commercially exploit the Platform without written permission, except where permitted by law.

21) License you grant to OpinionBay (User Content)

By posting User Content, you grant OpinionBay a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to host, store, reproduce, modify (including formatting/redaction), publish, distribute, publicly display, and create derivative works from such content in connection with operating, improving, and promoting the Platform.

You confirm you have the rights to grant this license.

22) Third-party links and services

The Platform may link to third-party sites and services. We do not control them and are not responsible for their content, policies, or transactions.

23) Disclaimers

The Platform is provided “AS IS” and “AS AVAILABLE”. To the fullest extent permitted by law, we disclaim warranties including accuracy, completeness, merchantability, and fitness for purpose.

We do not guarantee that Reviews are accurate or that any business will meet expectations.

24) Limitation of liability

To the fullest extent permitted by law, OpinionBay is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of the Platform or reliance on Reviews.

If liability cannot be excluded, our total liability is limited to the higher amount of the following:

ZAR 100, or
amounts paid by you to OpinionBay in the 3 months prior to the event giving rise to the claim.

25) Indemnity

You agree to defend, indemnify, and hold harmless OpinionBay (including directors, employees, agents) from claims, losses, damages, liabilities, and expenses (including legal fees) arising out of:

your User Content;
your breach of these Terms;
your violation of law or third-party rights (defamation, privacy, IP); or
misuse of Badges/widgets.

26) Suspension and termination

We may suspend or terminate your account or access at any time for violations, suspected manipulation, legal risk, or operational reasons. Provisions intended to survive will survive termination, including content licenses, disclaimers, limitation of liability, and indemnity.

27) Governing law and jurisdiction

These Terms are governed by the laws of the Republic of South Africa. You agree to the jurisdiction of the courts of Johannesburg, Gauteng, unless mandatory law requires otherwise.

28) General (assignment, severability, entire agreement)

Assignment: We may assign or transfer our rights and obligations under these Terms. You may not assign your rights without our written consent.
Severability: If any part of these Terms is unlawful or unenforceable, the remainder remains in effect.
Entire agreement: These Terms form the entire agreement between you and OpinionBay regarding use of the Platform.

29) Contact

OpinionBay
Email: info@opinionbay.co.za