WEBSITE TERMS AND CONDITIONS

IMPORTANT NOTICE:

Use of this Website is made available subject to the following Terms and Conditions. By using this Website, you, the User, agree to be bound by, and to comply with, these Terms and Conditions and any further Terms & Conditions that SA FRANCHISE BRANDS may prescribe from time to time.

In terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”), and the common law on contracts, these Terms and Conditions are valid, binding and enforceable against all persons that access this Website. SA FRANCHISE BRANDS reserves the right to make changes to this site and these disclaimers, terms, and conditions at any time.

SA FRANCHISE BRANDS is an exciting Website on which Franchisors are listed for free, Suppliers and Service Providers and Business Opportunities are listed at a fee.

The Terms and Conditions set out below constitute an agreement between SA FRANCHISE BRANDS and you, the User, and apply when you are using, accessing or browsing the SA FRANCHISE BRANDS Website.

Please read these Terms and Conditions carefully, and should you have any legal questions please direct them to info@safranchisebrands.co.za.

1.     DEFINITIONS AND INTERPRETATION

1.1     “Approval Criteria” means the standards set by SA FRANCHISE BRANDS to screen, approve and/or register Users as Franchisors, Suppliers and Service Providers or Business Opportunities.

1.2    “Blog or Blogging” means a discussion or ratings of Service providers by Subscribers and published on the Website, consisting of discrete entries (“posts”) typically displayed in reverse chronological order (the most recent post appears first).

1.3    “Business Opportunities listing” means a User, who applies to become listed on the Website’s Business Opportunities list in consideration of a Fee, and is screened and approved by SA FRANCHISE BRANDS based on the Approval Criteria to market, promote and advertise its products and/or services on the Website.

1.4    “Fee” means the Fee as advertised on the SA FRANCHISE BRANDS Website to be listed as a Supplier and Service Provider  or Business Opportunity and receiving the Services.

1.5  “Franchisor” means a User who applies to become a “Franchisor” listed on the Website, and is screened and approved by SA FRANCHISE BRANDS based on the Approval Criteria to market, promote and advertise its Franchising products and/or services on the Website, and will also include any duly authorised representative of the User or Franchisor.

1.6    “Franchisor Services” means the services provided by SA FRANCHISE BRANDS to a Franchisor for free which services include the listing of the Franchisor’s products and/or services on the Website.

1.7  “Franchisor, Supplier and Service Provider or Business Opportunity content” means the advertising, marketing and/or promotional (written text, audio files, sounds, photographs, video or other images) content supplied by the Franchisor, Supplier and Service Provider or Business Opportunity to SA FRANCHISE BRANDS to deliver the Franchisor, Supplier and Service Provider or Business Opportunity Services for the Subscribers.

1.8 “SA FRANCHISE BRANDS” means Active Media (Pty) Ltd t/a SA FRANCHISE BRANDS, a company duly incorporated in accordance with the Companies Act 61 of 1973, as amended.

1.9 “Supplier and Service Provider or Business Opportunity Services” means the services provided by SA FRANCHISE BRANDS to a Supplier and Service Provider or Business Opportunity in consideration of the Fee which services include the listing, advertising and marketing of the Supplier and Service Provider or Business Opportunity’s products and/or services on the Website to Users, Franchisors and other Supplier and Service Provider or Business Opportunity listings.

1.10 Supplier and Service Provider or Business Opportunity Term” means the month to month period for which the Supplier and Service Provider or Business Opportunity, is entitled to the Services, which commences on the Approved Criteria date and subject to the full payment of the Fee.

1.11 “Supplier and Service Provider” means a User who applies to become a “Supplier and Service Provider” listed on the Website, and is screened and approved by SA FRANCHISE BRANDS based on the Approval Criteria to market, promote and advertise its products and/or services on the Website, and will also include any duly authorised representative of the User and Supplier and Service Provider.

1.12 “Third Party Websites” mean any other websites and social media portals which are not on the SA FRANCHISE BRANDS Website.

1.13 “User” means any person who enters or uses the Website, notwithstanding the fact that such a person only visited the home page of the Website or subscribed thereto, including Franchisor’s, Suppliers and Service Providers or Business Opportunity owners.

1.14 “Website” means this Website, owned and operated by SA FRANCHISE BRANDS, and which is located at www.safranchisebrands.co.za, including any part or element thereof.

1.15 References herein to the singular include the plural and vice versa.1.16 Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of Section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these Terms and Conditions.

 

2.     SA FRANCHISE BRANDS DISCLAIMERS

2.1. SA FRANCHISE BRANDS will not be liable to the User in any way, if the User proceeds to purchase any products, or order any services, from any Franchisor, Supplier and Service Provider or Business Opportunity listing, In this regard, the role of SA FRANCHISE BRANDS is limited to providing Franchisor, Supplier and Service Provider or Business Opportunity listing, a platform to market and sell products and services to Users. Any purchase transaction between a User and Franchisor, Supplier and Service Provider or Business Opportunity listing, will form a separate contract between the User and Franchisor, Supplier and Service Provider or Business Opportunity listing, and SA FRANCHISE BRANDS will not be liable for any claims arising from such purchase transactions.

2.2. Although SA FRANCHISE BRANDS reserves its rights to filter contents of advertising matter published on the SA FRANCHISE BRANDS Website, it is not under any obligation to screen or approve the Franchisor, Supplier and Service Provider or Business Opportunity advertising matter published on the SA FRANCHISE BRANDS Website.  It is the responsibility of the Franchisor,  Supplier and Service Provider or Business Opportunity listing, to ensure that their marketing materials comply with the Consumer Protection Act 68 of 2008 (“CPA”).

2.3. SA FRANCHISE BRANDS will not be held liable for any damage that may be caused by the Users ratings or any other content through blogging or posting by Users.

2.4. Further, as far as allowed by law, SA FRANCHISE BRANDS will not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

2.4.1.     access to the SA FRANCHISE BRANDS Website;

2.4.2.     access to Websites linked to the SA FRANCHISE BRANDS Website;

2.4.3.     inability to access the SA FRANCHISE BRANDS Website;

2.4.4.     inability to access Websites linked to the SA FRANCHISE BRANDS Website;

2.4.5.     content available on the SA FRANCHISE BRANDS Website;

2.4.6.     services available from the SA FRANCHISE BRANDS Website;

2.4.7.     downloads and use of content from the SA FRANCHISE BRANDS Website; or

2.4.8.     any other reason not directly related to SA FRANCHISE BRANDS’ gross negligence.

2.5. SA FRANCHISE BRANDS does not make any warranties or representations that content and services on the SA FRANCHISE BRANDS Website will in all cases be true, correct or free from any errors. SA FRANCHISE BRANDS will take all reasonable steps to ensure the quality and accuracy of content available from the SA FRANCHISE BRANDS Website and encourages Users to report incorrect and untrue information subject to the right of SA FRANCHISE BRANDS to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this Website.

2.6. SA FRANCHISE BRANDS does not make any warranties or representations that the SA FRANCHISE BRANDS Website will be available at all times. Users acknowledge that the SA FRANCHISE BRANDS Website may be unavailable due to updates or other causes beyond the reasonable control of SA FRANCHISE BRANDS, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God.”

 

3.     CONSUMER PROTECTION

3.1. SA FRANCHISE BRANDS regards it important to protect the User, by abiding to all relevant laws and requesting its Franchisor, Supplier and Service Providers or Business Opportunity listings, to do the same.

3.2. Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the SA FRANCHISE BRANDS Website to SA FRANCHISE BRANDS and SA FRANCHISE BRANDS undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

3.3. Although SA FRANCHISE BRANDS reserves the right to become involved in any dispute between any User and Franchisor, Supplier and Service Provider or Business Opportunity listing, in an attempt to report same, SA FRANCHISE BRANDS is not obliged to do so, and any dispute between any User and Franchisor, Supplier and Service Provider or Business Opportunity listing, must be resolved between such User and Franchisor, Supplier and Service Provider or Business Opportunity listing.

 

4.     REGISTERING AS FRANCHISOR

4.1. The Website provides for the registration of Users as “Franchisors”, at no charge.

4.2. In order to apply to become a listed Franchisor, the User must expressly accept and agree to these Terms and Conditions by clicking the “I agree to the Terms and Conditions” button.

4.3. In the event that the User selects to be listed as a Franchisor on the Website, it will register and provide all compulsory information as requested in terms of the electronic registration process on the Website.

4.4. Upon complying with all registration requirements for a “Franchisor”, the User will be listed as a Franchisor and expressly agrees to comply with all provisions of this Clause 4.

4.5. The Franchisor agrees not to create more than one account or register accounts on behalf of other people or organisations. The User agrees that accounts may only be set up in the User’s own name.

4.6. The Franchisor will take full responsibility for any actions and activities taking place by using its Franchisor’s account. The Franchisor will be responsible to keep its password confidential.

4.7. SA FRANCHISE BRANDS undertakes to deal with the Franchisor’s details in terms of its Privacy Policy in this Terms and Conditions.

4.8. The Franchisor guarantees that it has the necessary authority and legal capacity to register as a Franchisor and that it is in a position to provide further relevant business information, if and when requested.

4.9. SA FRANCHISE BRANDS will deliver the Franchisor Services to listed Franchisor’s.

4.10.       In the event the Franchisor requires additional services, advertisements and listings from SA FRANCHISE BRANDS, the Franchisor will be liable to pay the Fee and all terms and conditions applicable to listed Suppliers and Service Suppliers or Business Opportunity listings will apply to the Franchisor.

4.11.       SA FRANCHISE BRANDS may terminate the Franchisor’s listing at any time, for any reason, including any improper use of the Website or the Franchisor’s failure to comply with these Terms and Conditions. Such termination will not affect any right to relief to which SA FRANCHISE BRANDS may be entitled.

4.12.       The Franchisor may delete its listing at any time, by deleting it on the SA FRANCHISE BRANDS Website.

 

5.     APPLYING TO BE APPROVED AS A SUPPLIER AND SERVICE PROVIDER OR BUSINESS OPPORTUNITY LISTING,

5.1. In the event that a User applies to subscribe as a Supplier and Service Provider or Business Opportunity Listing, on the Website, it will provide all compulsory information online as requested in terms of the electronic subscription process.

5.2. In order to apply to become a registered Supplier and Service Provider or Business Opportunity Listing, the User must expressly accept and agree to these Terms and Conditions by clicking the “I agree to the Terms and Conditions” button.

5.3. SA FRANCHISE BRANDS will screen and review each application of a User to become a registered Supplier and Service Provider or Business Opportunity Listing, and all Users applying to become a Supplier and Service Provider or Business Opportunity Listing, will not be automatically approved or listed/registered. SA FRANCHISE BRANDS reserves the right to approve or decline subscriptions of Users as a Supplier and Service Provider or Business Opportunity Listing , in its sole discretion.

5.4.  All information submitted will be subject to the Privacy Policy.

5.5. SA FRANCHISE BRANDS will respond within a reasonable time to inform the User if the application to register as a Supplier and Service Provider or Business Opportunity Listing, was successful.

5.6. Payment is made online. Payment of the Fee does not constitute a guarantee of the success of the Supplier and Service Provider or Business Opportunity Listing. The Supplier and Service Provider or Business Opportunity Listing, acknowledge that the success herein contemplated is entirely speculative and depends upon the ability of the Supplier and Service Provider or Business Opportunity Listing, to successfully present its advertisement and information.

5.7. In consideration of the full payment of the Fee, SA FRANCHISE BRANDS will provide the Supplier and Service Provider or Business Opportunity Listing, Services for the Supplier and Service Provider or Business Opportunity Listing Service Term.

5.8. SA FRANCHISE BRANDS will start providing the Supplier and Service Provider or Business Opportunity Listing, Services from the date that the Approval Criteria was approved.

5.9. The Supplier and Service Provider or Business Opportunity Listing, guarantee that all information provided to SA FRANCHISE BRANDS is true and correct.

 

6.     OBLIGATIONS OF AN APPROVED FRANCHISOR, SUPPLIER AND SERVICE PROVIDER OR  BUSINESS OPPORTUNITY LISTING,

6.1. After receipt of the Fee, SA FRANCHISE BRANDS will grant the Supplier and Service Provider or Business Opportunity Listing, login access to the Supplier and Service Provider or Business Opportunity Listing, Services on the Website.

6.2    Payment to SA FRANCHISE BRANDS must be paid in terms of Clause 7 below.

6.3    If the Franchisor, Supplier and Service Provider or Business Opportunity Listing, is a partnership, close corporation, company or any other legal vehicle, the member, partner, director or owner hereby accepts the liability of the fees and acknowledges surety in their personal capacity and on behalf of the legal entity, by accepting these Terms and Conditions.

6.4    The Franchisor, Supplier and Service Provider or Business Opportunity Listing, agree that SA FRANCHISE BRANDS may, at its sole discretion, record the success of a Franchisor, Supplier and Service Provider or Business Opportunity Listing, as testimony on the Website, other relevant Websites, magazines or any other broadcasting media.

6.5    The Franchisor, Supplier and Service Provider or Business Opportunity Listing, will be solely responsible for the currency, legality, accuracy, and compliance of its advertisement and marketing material, proposal or plan, and will be solely liable for false, misleading, inaccurate, illegal, immoral, indecent and/or infringing content.

6.6    The Franchisor, Supplier and Service Provider or Business Opportunity Listing, acts as an independent contracting party and acknowledges that SA FRANCHISE BRANDS will not in any way be construed as a party to any additional agreement between a Franchisor, Supplier and Service Provider or Business Opportunity Listing and User.

6.7    The Franchisor, Supplier and Service Provider or Business Opportunity Listing, by accepting these Terms and Conditions, grants SA FRANCHISE BRANDS a worldwide, copyright, non-exclusive, royalty free right to use, distribute, modify, adapt and display the Franchisor,  Supplier and Service Provider or Business Opportunity Listing, advertisement or marketing material, or any other written materials and/or records and/or resources submitted by the Franchisor, Supplier and Service Provider or Business Opportunity Listing, in any manner or form, and SA FRANCHISE BRANDS accepts this copyright licence.

6.8    The Franchisor, Supplier and Service Provider or Business Opportunity Listing, guarantees that it has the right and sufficient authority to grant SA FRANCHISE BRANDS the licence as contemplated in 6.7 above.

 

7.     PAYMENTS

7.1  Payment of the Fee will be made to SA FRANCHISE BRANDS via the online payment facility to be listed as a Supplier and Service Provider  or Business Opportunity and receiving the Services.

7.2  Payments for all other advertising opportunities on the SA Franchise Brands Website will be made to SA FRANCHISE BRANDS designated bank account by way of direct deposit or electronic funds transfer (EFT), after an invoice to this effect has been received from SA FRANCHISE BRANDS.

 

8.     TERMINATION OF THE SUPPLIER AND SERVICE PROVIDER BUSINESS OPPORTUNITY LISTING, SERVICES

8.1.      The Supplier and Service Provider or Business Opportunity Listing Services will automatically terminate when the Supplier and Service Provider or Business Opportunity Listing Service Term expires, unless a new term is paid for in advance. Upon termination of the Supplier and Service Provider or Business Opportunity Listing Service Term SA FRANCHISE BRANDS will cease any use of the Supplier and Service Provider or Business Opportunity Listing, materials referred to in Clause 6.7 above.

 

9.     PRIVACY POLICY

9.1.  SA FRANCHISE BRANDS will take all reasonable steps to protect the personal information of Users, Franchisors, Suppliers and Service Providers or Business Opportunity Listings. For the purpose of this clause, “personal information” will be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (“PAIA”).

9.2.  SA FRANCHISE BRANDS may electronically collect, store and use, amongst other, the following personal information of Users:

9.2.1.     Company name and registration number;

9.2.2.     name and surname of directors;

9.2.3.     contact details;

9.2.4.     non-personal browsing habits, click patterns and interests;

9.2.5.     email address; and

9.2.6.     IP address.

9.3.  SA FRANCHISE BRANDS collects, stores and uses the abovementioned information for the following purposes:

9.3.1.     communicate requested information to the User;

9.3.2.     newsletter database;

9.3.3.     registration and / or authentication of Users; and

9.3.4.     to compile non-personal statistical information about browsing habits, click-patterns and access to the SA FRANCHISE BRANDS Website.

9.4.  Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings;

9.5.  SA FRANCHISE BRANDS may collect, maintain, save, compile, share, disclose and sell any information collected from Users, subject to the following provisions:

9.5.1.     SA FRANCHISE BRANDS will not disclose personal information from Users unless the User consents thereto;

9.5.2.     SA FRANCHISE BRANDS will disclose information without the User’s consent only through due legal process; and

9.5.3.     SA FRANCHISE BRANDS may compile, use and share any information that does not relate to any specific individual.

9.6.  SA FRANCHISE BRANDS owns and retains all rights to non-personal statistical information collected and compiled by SA FRANCHISE BRANDS.

9.7.  Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002 (“RIC”), the User agrees to SA FRANCHISE BRANDS’ right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the SA FRANCHISE BRANDS Website, its staff and employees; and

9.8.  The User agrees and acknowledges that the consent provided by the User in clause 9.7 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

 

10.  ALLOWED USE AND LICENSE

10.1.       SA FRANCHISE BRANDS licenses the User to view, download and print the content of the SA FRANCHISE BRANDS Website, provided that such content is used for personal, educational and/or non-commercial purposes only.  Content from the SA FRANCHISE BRANDS Website will not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of SA FRANCHISE BRANDS.

10.2.       Hyperlinks to the SA FRANCHISE BRANDS Website from any other source will be directed at the home page of the SA FRANCHISE BRANDS Website. SA FRANCHISE BRANDS will not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the SA FRANCHISE BRANDS Website, if such content was accessed through a hyperlink not directed at the home page of the SA FRANCHISE BRANDS Website. Persons that wish to link to content beyond the home page of the SA FRANCHISE BRANDS Website will do so at their own risk and indemnify SA FRANCHISE BRANDS against any loss, liability or damage that may result from the use of content from the SA FRANCHISE BRANDS Website, if such content was accessed through a hyperlink not directed at the home page of the SA FRANCHISE BRANDS Website.

10.3.       Apart from bona fide search engine operators and use of the search facility provided on the SA FRANCHISE BRANDS Website, by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the SA FRANCHISE BRANDS Website for any purposes, without the prior written consent of SA FRANCHISE BRANDS.

10.4.       All licenses and/or permissions granted in terms of this Clause 10 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by SA FRANCHISE BRANDS at any time without giving reasons therefore.

10.5.       The User hereby agrees not to use the Website and Services for any purpose that is unlawful, improper or prohibited by these Terms and Conditions.

10.6.       The User agrees that it will not link or frame any page, in whole or in part, in any manner whatsoever, without the prior written consent of SA FRANCHISE BRANDS.

10.7.       The User guarantees that he/she is older than 18 (eighteen) years.

10.8.       The User agrees that it will only use the SA FRANCHISE BRANDS Website, the information contained thereon and the online services in respect of the specific purposes for which it is created for.

10.9.       In using the SA FRANCHISE BRANDS Website, information or online services, the User will not: 

10.9.1.   disrupt or interfere with any other User’s enjoyment of such services or materials or any affiliated or linked sites,

10.9.2.   upload, post or otherwise transmit any viruses or other harmful, disruptive or destructive files

10.9.3.   create a false identity;

10.9.4.   use or attempt to use another’s account, password, service or system without authorisation from SA FRANCHISE BRANDS;

10.9.5.   access or attempt to access any service or content which the User is not authorised to access;

10.9.6.   disrupt or interfere with the security of, or otherwise cause harm to, any system resources; accounts, passwords, servers or networks connected to or accessible through such feature or any affiliated or linked sites;

10.9.7.   conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);

10.9.8.   invade the privacy of a third party;

10.9.9.   encourage others to perform illegal activities;

10.9.10.threaten, harm, defame, abuse, harass, stalk or otherwise violate the legal rights  (such as rights of privacy and publicity) of others,

10.9.11.publish, post, upload, distribute or disseminate any defamatory, racial, pornographic, slanderous, offensive, obscene, or unlawful topics, names, materials or information;

10.9.12.upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, patents, designs, privacy and publicity laws unless the User owns or controls the rights thereto or has received all necessary authority to do the same;

10.9.13. violate any laws or regulations of the Republic of South Africa or any other country applicable.

 

11.  LINKS TO THIRD PARTY WEBSITES

11.1.       The SA FRANCHISE BRANDS Website may produce search results or alternatively link the Users to other Websites on the internet. SA FRANCHISE BRANDS does not have control over the contents of such third party Websites.  SA FRANCHISE BRANDS hereby confirms that any search results produced or links to third party or external Websites are not under the control of SA FRANCHISE BRANDS, and the User hereby acknowledge that SA FRANCHISE BRANDS is not liable, accountable for the accuracy, copyright compliance, legality, decency, or any other aspect of the aforesaid third party of external Websites.

11.2.       Any links to third party or external Websites may not be construed as SA FRANCHISE BRANDS’ endorsement of any or all of the aforesaid Websites content or as associations with its operators.

 

12.  ELECTRONIC COMMUNICATIONS

12.1.   When the User visits the SA FRANCHISE BRANDS Website and the User completes a web form to request information or when the User sends an e-mail to SA FRANCHISE BRANDS, and does not explicitly request a non-electronic communication medium, the User consents to receiving communications from the SA FRANCHISE BRANDS electronically and agree that all agreements, notices, disclosures and other communications sent by SA FRANCHISE BRANDS satisfy any legal requirements, including, but not limited to the requirement that such communications should be “in writing”.

12.2.   The User acknowledges and accepts that the action to click on specified buttons on certain web forms on the SA FRANCHISE BRANDS’ sites may constitute an expression of intent or other statement.

 

13.  INTELLECTUAL PROPERTY RIGHTS

13.1.   Save for advertising matter provided by a Franchisor, Supplier and Service Providers or Business Opportunity listing, all content included on the Website, including the photographs, text, graphics, logos, trademarks, buttons, images, icons, databases and software, are the property of the SA FRANCHISE BRANDS and are protected by South African and international copyright and trade mark laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website is the exclusive property of the SA FRANCHISE BRANDS and is protected by South African and international copyright laws.

13.2.   Except where otherwise stated, the User is not authorised to copy, amend, distribute, download, republish any materials on the Website, owned by the SA FRANCHISE BRANDS in any manner whatsoever, without the prior written consent of the SA FRANCHISE BRANDS.

13.3.   The User will, other than for his personal and non-commercial use, not store on his computer, or print copies of extracts from this Website, and not, other than for his personal and non-commercial use, mirror or cache information provided via this Website on his own server or other computer or other storage facility of whatsoever nature; or copy, adapt, modify or re-use the text or graphics from this Website, without prior written permission of the SA FRANCHISE BRANDS, unless as per licence granted above.

13.4.   The Trade Marks reflected on the Website are the exclusive property of the SA FRANCHISE BRANDS. Unauthorised use of these trademarks is prohibited. Details of the Trade Marks are reflected on the South African Trade Marks Register.

 

14. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

Acc Access to the services, content, software and content downloads available from the SA FRANCHISE BRANDS Website is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and SA FRANCHISE BRANDS has the duty to disclose the following information:

14.1.       The full name and legal status of the Website owner: Active Media (Pty) Ltd t/a SA FRANCHISE BRANDS

14.2.       SA FRANCHISE BRANDS Registration Number: 2010/018431/07

14.3.       VAT registration number: Not Applicable

14.4.       Street address: 19 Rue Montpellier Street, Somerset West, 7130

14.5.       Postal address: PO Box 3077, Somerset West, 7129

14.6.       Physical address for receipt of legal service: 19 Rue Montpellier Street, Somerset West, 7130

14.7.       Telephone Number: +27 21 851 0774

14.8.       The official email address of the SA FRANCHISE BRANDS Website is: info@safranchisebrands.co.za.

14.9.       Alternative dispute resolution, additional to clause 15 below, subject to urgent and/or interim relief, all disputes regarding:

14.9.1.   access to the SA FRANCHISE BRANDS Website;

14.9.2.   the inability to access the SA FRANCHISE BRANDS Website;

14.9.3.   the services and content available from the SA FRANCHISE BRANDS Website; or

14.9.4.    these Terms and Conditions,

will be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings will be conducted in Pretoria in English. The arbitration ruling will be final and the unsuccessful party will pay the costs of the successful party on a scale as between attorney and own client.

14.10.    There are no costs associated with the access and general use by Users of the SA FRANCHISE BRANDS Website.

14.11.    Users may lodge complaints concerning the SA FRANCHISE BRANDS Website by contacting info@safranchisebrands.co.za. Users hereby assign the copyright in such complaints to SA FRANCHISE BRANDS and understand that SA FRANCHISE BRANDS may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.

 

15.  CHANGES TO THESE TERMS AND CONDITIONS

SA FRANCHISE BRANDS expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

15.1.       change these terms and conditions;

15.2.       change the content and/or services available from the SA FRANCHISE BRANDS Website;

15.3.       discontinue any aspect of the SA FRANCHISE BRANDS Website or service(s) available from the SA FRANCHISE BRANDS Website; and/or

15.4.       change the software and hardware required to access and use the SA FRANCHISE BRANDS Website.

 

16.  WEBSITE SECURITY

16.1.   SA FRANCHISE BRANDS will take all reasonable steps to secure the content of the SA FRANCHISE BRANDS Website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, SA FRANCHISE BRANDS does not make any warranties or representations that content will be 100% safe and secure.

16.2.   SA FRANCHISE BRANDS is under no legal duty to encrypt any content or communications from and to the SA FRANCHISE BRANDS Website and is also under no legal duty to provide digital authentication of any page on the SA FRANCHISE BRANDS Website.

16.3.   Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the SA FRANCHISE BRANDS Website or the server and computer network that support the SA FRANCHISE BRANDS Website.

16.4.   Notwithstanding criminal prosecution, any person who delivers any damaging code to the SA FRANCHISE BRANDS Website, whether on purpose or negligently, will, without any limitation, indemnify and hold SA FRANCHISE BRANDS harmless against any and all liability, damages and losses SA FRANCHISE BRANDS and its partners / affiliates may suffer as a result of such damaging code.

16.5.   Users may not develop, distribute or use any device to breach or overcome the security measures of the SA FRANCHISE BRANDS Website and SA FRANCHISE BRANDS reserves the right to claim damages any and all persons concerned with a security failure or breach.

 

17.  ENTIRE AGREEMENT AND SEVERABILITY

17.1.       These Terms and Conditions constitute the entire agreement between SA FRANCHISE BRANDS and the User and will take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by SA FRANCHISE BRANDS from the User.

17.2.       Any failure by SA FRANCHISE BRANDS to exercise or enforce any right or provision will in no way constitute a waiver of such right or provision; and

17.3.       In the event that any Term and/or Condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) will be severable from the remaining terms and conditions. The remaining terms and conditions will remain enforceable and applicable.

 

18.  INTERNATIONAL USE

SA FRANCHISE BRANDS at no time makes any representation, whether directly or indirectly, expressly or tacitly that any materials available on the SA FRANCHISE BRANDS Website are appropriate for use outside of the Republic of South Africa. Those who choose to access this site from other locations do so on their own initiative and at their own risk and are responsible for compliance with the relevant local laws.

 

19.  POSSIBLE DISPUTES

19.1.       In the event of a dispute between the User and any Franchisor, Supplier and Service Provider or Business Opportunity listing, SA FRANCHISE BRANDS will not be involved in such dispute, unless SA FRANCHISE BRANDS may deem it necessary to protect its rights and interests.

19.2.       In the event of dispute between the User and the SA FRANCHISE BRANDS, the User should address SA FRANCHISE BRANDS in writing and forward it to the following e-mail address: info@safranchisebrands.co.za. The administrator will contact the party involved within 48 (forty eight) hours from receipt of the alleged dispute in an attempt to resolve the matter.

 

20.  GOVERNING LAW AND JURISDICTION

These Terms and Conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa.  The User hereby consents to the jurisdiction of the courts in Pretoria in respect of any dispute arising in connection with this Website and which cannot be settled on the basis described above.

 

21.  LEGAL COSTS

SA FRANCHISE BRANDS will not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

 

MAY 2013 © DE KOCK ATTORNEYS, LICENSED TO SA FRANCHISE BRANDS. ALL OTHER RIGHTS RESERVED.
UNAUTHORISED COPYING, USE AND DISTRIBUTION PROHIBITED.