THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE MOBEATS WEBSITE OR ANY PART THEREOF (THE MOBEATS WEBSITE) IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE MOBEATS WEBSITE immediately, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
DEFINITIONS AND INTERPRETATION
a) “mobEATS” means MOBEATS (Pty) Ltd, a company duly incorporated in terms of the Companies Act 61 of 1973;
b) “MOBEATS website” means the MOBEATS website located at www.mobeats.co.za and includes any part or element thereof, as well as any other website linked to it of which MOBEATS is the registered owner of the domain name;
c) “User” means any person who enters or uses the MOBEATS website, notwithstanding the fact that such a person only visited the home page of the MOBEATS website;
d) References herein to the singular include the plural and vice versa; and
e) 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, shall not play a role in determination of the validity and interpretation of these terms and conditions.
mobEATS is committed to enabling the growth and success of the Mobile Food Industry, by providing technologically driven, convenient, cost effective and exciting solutions to consumers and businesses, seeking meal solutions for private or corporate purposes, AND by providing solutions to all the requirements of entrepreneurs, or companies, wishing to enter the industry.
- ALLOWED USE AND LICENSE
2.1 mobEATS licenses the User to view, download and print the content of the mobEATS website, provided that such content is used for personal, educational, non-commercial purposes and/or commercial purposes linked to the business objectives of mobEATS only;
2.2 Content from the mobEATS website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of mobEATS;
2.3 Users may only access and use the mobEATS website for legal purposes;
2.4 The caching of the mobEATS website shall only be allowed if:
2.4.1 The purpose of the caching is to make the onward transmission of the content from the mobEATS website more efficient;
2.4.2 The cached content is not modified in any manner whatsoever;
2.4.3 The cached content is updated at least every 12 (twelve) hours; and
2.4.4 The cached content is removed or updated when so required by mobEATS.
2.5 If any User uses content from the mobEATS website in breach of the provisions detailed herein:
2.5.1 mobEATS reserves the right to claim damages from the User;
2.5.2 mobEATS reserves the right to institute criminal proceedings against the User; and
2.5.3 mobEATS shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.6 Hyperlinks to the mobEATS website from any other source shall be directed at the home page of the mobEATS website. mobEATS shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the mobEATS website, if such content was accessed through a hyperlink not directed at the home page of the mobEATS website. Persons that wish to link to content beyond the home page of the mobEATS website shall do so at their own risk and indemnify mobEATS against any loss, liability or damage that may result from the use of content from the mobEATS website, if such content was accessed through a hyperlink not directed at the home page of the mobEATS website;
2.7 No person may frame the mobEATS website, in any manner whatsoever, without the prior written consent of mobEATS ;
2.8 Apart from bona-fide search engine operators and use of the search facility provided on the mobEATS 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 mobEATS website for any purposes, without the prior written consent of mobEATS; and
2.9 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by mobEATS at any time without giving reasons therefore.
- INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
All intellectual property on the mobEATS website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to mobEATS and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the mobEATS website are expressly reserved.
- SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the mobEATS website and/or download content from this website.
- DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the mobEATS 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 mobEATS has the duty to disclose the following information:
5.1 The full name and legal status of the website owner: mobEATS (Pty) Ltd;
5.2 Company Registration Number: 2018/314788/07
5.3 VAT registration number: TBC (will send next week)
5.4 Street address: A21 Grosvenor Square, 10 Park Lane, Century City 7441
5.5 Postal address: PO Box 69, Century City, 7446
5.6 Physical address for receipt of legal service: A21 Grosvenor Square, 10 Park Lane, Century City 7441
5.7 Telephone Number: 087 625 0591
5.8 Board of Directors: Information on the mobEATS Board of Directors may be requested via email;
5.9 Main business: mobEATS
5.10 The website address of the mobEATS website is: www.mobeats.co.za
5.11 The official e-mail address of the mobEATS website is: email@example.com
5.13 Codes of conduct to which the mobEATS subscribes:
5.13.1 click here to view the Internet Service Provider’s Association Code of Conduct;
5.13.2 A copy of the mobEATS Code of Conduct may be requested via email.
5.14 A Copy of the Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000, may be requested via email;
5.15 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.15.1 access to the mobEATS website;
5.15.2 the inability to access the mobEATS website;
5.15.3 the services and content available from the mobEATS website; or
5.15.4 these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
5.16 The costs associated with the access and use of the mobEATS website are as follows: Free;
5.17 Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this web site; and
5.18 Users may lodge complaints concerning the mobEATS website at firstname.lastname@example.org. Users hereby assign the copyright in such complaints to mobEATS and understand that mobEATS may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.
- CHANGES AND AMENDMENTS
mobEATS expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the mobEATS website;
6.3 discontinue any aspect of the mobEATS website or service(s) available from the mobEATS website; and/or
6.4 change the software and hardware required to access and use the mobEATS website.
7.1 mobEATS shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA);
7.2 mobEATS may electronically collect, store and use, amongst other, the following personal information of Users:
7.2.1 name and surname;
7.2.2 contact details;
7.2.3 non-personal browsing habits and click patterns;
7.2.4 e-mail address; and
7.2.5 IP address.
7.3 mobEATS collects, stores and uses the abovementioned information for the following purposes:
7.3.1 communicate requested information to the User;
7.3.2 newsletter database;
7.3.3 registration and / or authentication of Users; and
7.3.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the mobEATS website;
7.4 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;
7.5 mobEATS may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1 mobEATS shall not disclose personal information from Users unless the User consents thereto;
7.5.2 mobEATS shall disclose information without the User’s consent only through due legal process; and
7.5.3 mobEATS may compile, use and share any information that does not relate to any specific individual; and
7.6 mobEATS owns and retains all rights to non-personal statistical information collected and compiled by mobEATS.
- HYPERLINKS TO THIRD PARTY SITES
8.1 mobEATS may provide hyperlinks to websites not controlled by mobEATS (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and
8.2 mobEATS does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
9.1 mobEATS shall take all reasonable steps to secure the content of the mobEATS website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, mobEATS does not make any warranties or representations that content shall be 100% safe and secure;
9.2 mobEATS is under no legal duty to encrypt any content or communications from and to the mobEATS website and is also under no legal duty to provide digital authentication of any page on the mobEATS website;
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the mobEATS website or the server and computer network that support the mobEATS website;
9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the mobEATS website, whether on purpose or negligently, shall, without any limitation, indemnify and hold mobEATS harmless against any and all liability, damages and losses mobEATS and its partners / affiliates may suffer as a result of such damaging code;
9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the mobEATS website and mobEATS reserves the right to claim damages any and all persons concerned with a security failure or breach; and
9.6 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by mobEATS and its partners / affiliates.
- DISCLAIMER AND LIMITATION OF LIABILITY
10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, mobEATS (including its owners, directors, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1 access to the mobEATS website;
10.1.2 access to websites linked to the mobEATS website;
10.1.3 inability to access the mobEATS website;
10.1.4 inability to access websites linked to the mobEATS website;
10.1.5 content available on the mobEATS website;
10.1.6 services available from the mobEATS website;
10.1.7 downloads and use of content from the mobEATS website; or
10.1.8 any other reason not directly related to mobEATS’s gross negligence.
10.2 The mobEATS website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with mobEATS, that the content available from and through the mobEATS website meets the User’s individual requirements and is compatible with the User’s computer hardware and/or software;
10.3 Information, ideas and opinions expressed on the mobEATS website should not be regarded as professional advice or the official opinion of mobEATS and Users are encouraged to seek professional advice before taking any course of action related to the information, ideas or opinions expressed on the mobEATS website;
10.4 mobEATS does not make any warranties or representations that content and services available from the mobEATS website will in all cases be true, correct or free from any errors. mobEATS shall take all reasonable steps to ensure the quality and accuracy of content available from the mobEATS website and encourage Users to report incorrect and untrue information subject to the right of mobEATS to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this website; and
10.5 mobEATS does not make any warranties or representations that the mobEATS website shall be available at all times. Users acknowledge that the mobEATS website may be unavailable due to updates or other causes beyond the reasonable control of mobEATS, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God.”
- REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the mobEATS website to mobEATS and mobEATS 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.
- INTERCEPTION OF COMMUNICATIONS
12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to mobEATS’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the mobEATS website, its staff and employees; and
12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
- ENTIRE AGREEMENT AND SEVERABILITY
13.1 These terms and conditions constitute the entire agreement between mobEATS and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by mobEATS from the User;
13.2 Any failure by mobEATS to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and
13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
- AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and mobEATS agree that:
14.1 the User shall be bound to these terms and conditions and such agreement is concluded in Centurion (South Africa) at the time the User enters the mobEATS website for the first time;
14.2 data messages (as defined in the ECT Act) addressed by the User to mobEATS shall only be deemed to have been received if and when responded to;
14.3 data messages (as defined in the ECT Act) addressed to the User by mobEATS shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
14.4 data messages (as defined in the ECT Act) addressed by the User to mobEATS shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
14.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and mobEATS; and
14.6 The User agrees and warrants that data messages that are sent to mobEATS from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
- APPLICABLE AND GOVERNING LAW
Subject to clause 5.4, the mobEATS website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the mobEATS website, its content, services and these terms and conditions.
- LEGAL COSTS
mobEATS shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions