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Terms & Conditions
Privacy Policy

Terms & Conditions

1 INTRODUCTION
1.1 These are the standard terms and conditions of sale (“STCs”) on which the Seller sells the goods listed in the applicable Founding Document (“the goods”).
1.2 These STCs and the Seller’s acceptance of the Founding Document (as evidenced by the Seller’s signature thereto), constitute the entire agreement between the Seller and the Purchaser in respect of the goods, save to the extent explicitly otherwise agreed in writing between the parties.
1.3 Any condition stipulated by the Purchaser or any third party that is in conflict with the STCs and/or the Founding Document is expressly excluded. The Seller is not bound by any oral statements, figures, specifications, prices quoted, or representations made if they are in conflict with the STC’s and/or the Founding Document.
1.4 The Seller may review, modify and/or update these STCs from time to time. Such amended STCs will be uploaded to the Website and such amended STCs will supersede and replace any previous versions with effect from the date on which it is uploaded to the Website. The Purchaser acknowledges that any future supply of goods shall be subject to the version of these STC’s that is current when the agreement in respect of such goods is concluded.

2 DEFINITIONS
2.1 In these STC’s the following terms shall have the following meanings –
2.1.1 CPA – the Consumer Protection Act, 68 of 2008, as amended and any regulations promulgated in respect thereof;
2.1.2 Founding Document – the relevant document evidencing the parties’ intention for the Seller to supply the goods to the Purchaser, and which may comprise of a purchase order, quote, invoice, delivery note, or such other relevant document as sets forth the goods to be supplied to the Purchaser by the Seller;
2.1.3 NCA – the National Credit Act, 34 of 2005 as amended and any regulations promulgated in respect thereof;
2.1.4 parties – the Seller and the Purchaser;
2.1.5 protected consumer – a consumer as defined in section 1 of the CPA and whose annual turnover or asset value falls below the threshold of R2m (or such amended threshold as may be stipulated by regulation from time to time) as contemplated in section 5 of the Consumer Protection Act and to whom the Act applies;
2.1.6 Purchaser – the party, as evidenced by the Founding Document, which places an order on the Seller for the goods;
2.1.7 Seller – Foodserv Solutions (Pty) Ltd which is supplying the goods to the Purchaser as evidenced by the Founding Document;
2.1.8 VAT – value added tax as levied in terms of the VAT Act, 89 of 1991 as amended and any regulations promulgated in respect thereof;
2.1.9 Website – the website operated and maintained by the Seller or on its behalf at www.foodserv.co.za.
2.2 Any reference to “in writing” or “written” in these STCs shall mean legible writing in English and includes a communication which is written or produced by any substitute for writing, or which is partly written or partly so produced, and shall include printing, typewriting, lithography, facsimile and electronic mail and any form of electronic communication contemplated in the Electronic Communications and Transactions Act, 25 of 2002;
2.3 Unless a contrary intention clearly appears from these STCs, the terms used in this agreement shall have the meanings assigned to them in section 1, section 53 or any other section, as the case may be, of the CPA.

3 SALE AND DELIVERY OF THE GOODS
3.1 In any sale other than for cash, such sale shall be subject to all terms and conditions herein contained and shall not be inconsistent with the NCA, if applicable, noting that the NCA is not applicable if the Purchaser is a juristic person and its assets or annual turnover, at the time of entering into a transaction with the Seller, are equal to or exceed R1 million.
3.2 For any sale on credit, the Seller, or its authorised signatory by its/his signature to either the credit application or the relevant Founding Document as the case may be, warrants that –
3.2.1 all of the information supplied in terms of the credit application is true and correct, including any financial statements provided to the Seller in terms of such application;
3.2.2 it is authorised to apply for credit and bind the Seller in terms of the credit application, the Founding Document and these STCs;
3.2.3 it is authorised to give consent, as it hereby does, to the Seller to –
3.2.3.1 make inquiries to confirm any information provided by the Purchaser and to verify the information and obtain additional information from any registered credit bureau, when assessing the information provided by the Purchaser;
3.2.3.2 obtain a credit report on the Purchaser, and that all the directors and/or members of the Purchaser have consented in writing to the Seller instructing a registered credit bureau to conduct the credit enquiry on the Purchaser and that each director and/or member acknowledged that the enquiry will include an enquiry into the director and/or member’s credit profile;
3.2.3.3 do an account verification check or instruct a registered credit bureau to verify that banking details provided to the Seller in terms hereof are correct or to enquire with the Purchaser’s banker/s to obtain an opinion with regard to the amounts advanced to the Purchaser and lending terms applicable to the Purchaser and to retrieve bank reports;
3.2.3.4 obtain trade references;
3.2.3.5 submit the Purchaser’s information, including payment profile and default information and any other relevant information, to a registered credit bureau and to allow such registered credit bureau to release the information for lawful purposes to third parties,as part of the Seller’s assessment of the Purchaser in granting credit.
3.3 All orders received are subject to acceptance by the Seller.
3.4 Risk in the goods supplied by the Seller passes to the Purchaser on delivery thereof in terms of clause 3.5 or 3.6, as the case may be.
3.5 Subject to clause 3.6 , delivery of the goods is deemed to have occurred when the goods are collected by or on behalf of the Purchaser and leave the Seller’s premises (“delivery”).
3.6 If the parties agree that the goods are to be delivered to the Purchaser the Seller will off-load and, to the extent applicable, position the goods at the agreed delivery point.
3.7 Should the Purchaser send a carrier to collect the goods from the Seller’s premises, such carrier shall be deemed to be the agent of the Purchaser and the Seller is not liable for goods which are lost or damaged during transportation by such carrier. The Seller shall not be responsible for any loss or damage caused during transportation of the goods in these circumstances.
3.8 It is the Purchaser’s responsibility to inspect the goods upon taking delivery thereof and to ensure that the goods are in good working order. The signature of any person apparently representing the Purchaser or the carrier which appears on the Seller’s delivery note, invoice, or waybill, as may be applicable, will constitute prima facie proof of delivery of the goods to the Purchaser in good working condition.
3.9 The Purchaser shall have no claim against the Seller for goods short delivered or wrongly delivered unless the Purchaser gives notice thereof in writing to the Seller within 24 hours of delivery.
3.10 If the Purchaser fails to take delivery of the goods when tendered at the agreed delivery point on the agreed delivery date, then the risk in the goods shall immediately pass to the Purchaser who shall refund to the Seller on demand the reasonable costs (including storage, transport, and insurance) of moving the goods and keeping them during the period of the delay.
3.11 The Seller reserves the right to defer the date of delivery or to cancel the contract or reduce the volume of goods or parts ordered by the Purchaser (without liability to the Purchaser) if it is prevented from or delayed in the carrying on of its business due to circumstances outside the reasonable control of the Seller including, but not limited to acts of God, government actions, pandemic, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, drought, lockouts, strikes or other labour disputes or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials or stock.
3.12 In the event of such a delay in the delivery or failure to effect delivery on account of circumstances beyond the control of the Seller –
3.12.1 the Purchaser may not cancel the agreement or withhold payment of any amount due to the Seller;
3.12.2 the Seller will not be liable to the Purchaser for any loss, damage, liability, or expense arising from the delay in delivery of the goods.
3.13 The Seller shall promptly give notice of any delay described in clause 3.11 above to the Purchaser and, if the event in question continues for a continuous period in excess of 90 days, the Purchaser shall be entitled to give notice in writing to terminate the agreement.

4 PRICE AND PAYMENT
4.1 The price payable for the goods shall be the price stipulated on the relevant quote or invoice provided by the Seller to the Purchaser, as the case may be (“the price”). The price as stated excludes VAT and is nett of all other taxes, duties, and transport costs.
4.2 If the Purchaser is a protected consumer, the price of goods supplied by the Seller to the Purchaser shall be the Seller’s official price disclosed to the Purchaser prior to the conclusion of the sale. If the Seller has issued a quotation for the supply of goods to the Purchaser, then all prices quoted thereon are subject to change if, as a result of currency fluctuations and other factors beyond the Seller’s control, there is an increase in the Seller’s costs, at which point the Seller shall be entitled to issue a revised quotation and shall not be bound by the first quotation.
4.3 An order for the goods by the Purchaser only constitutes a sale once accepted by the Seller. The Seller shall confirm the price of the goods ordered to the Purchaser and shall state the period for which the quoted price is valid. The Purchaser is required to confirm within the period so stated that it wishes to proceed with the order (a “confirmed order”), it being specifically recorded that confirmation of the order after expiry of the stated period shall not be valid and shall not constitute a confirmed order. The Seller shall communicate acceptance of such confirmed order to the Purchaser within 10 days of receipt thereof and failing confirmation by the Seller within the 10-day period, the Seller shall be deemed to have accepted the order. Each confirmed order constitutes a separate agreement subject to these STC’s, as amended from time to time, in terms of clause 1.4.
4.4 Unless otherwise agreed between the parties in writing, all sales of goods shall be for cash and the purchase price shall be payable on or before delivery. If credit facilities have been granted by the Seller to the Purchaser, payment must be made in accordance with the credit terms agreed upon in writing between the parties in terms of any approved credit application and facility.
4.5 All payments shall be made in the currency stated in the Founding Document, free of bank exchange and other charges, by way of electronic funds transfer to the Seller’s bank account as stipulated in the Founding Document. Any change of the Seller’s bank account details shall only be valid if communicated in writing by the Seller, and the Purchaser shall upon receipt of a notice of a change in bank account, be obliged to confirm such change in bank account telephonically with the Senior Credit Controller of the Seller. Any failure by the Purchaser to follow the a forestated process shall be at the Purchaser’s risk and the Seller shall have no liability to the Purchaser for any payments made to any account which may have been fraudulently communicated to the Purchaser.
4.6 If delivery is made in instalments, each instalment shall be invoiced and paid for separately, unless waived in writing at the Seller’s sole discretion.
4.7 If any amount is not paid upon due date, all amounts owed to the Seller will at once become due, owing, and payable. Any discount granted to the Purchaser will be forfeited and the Purchaser will pay interest on all overdue amounts at the prevailing overdraft rate as determined by First National Bank Limited and shall in addition pay any legal costs incurred by the Seller on the attorney-and-own client scale, including collection commission.
4.8 Payment may not be withheld pending the settlement of any dispute.
4.9 All payments received shall be allocated by the Seller firstly as to interest, secondly as to legal and collection costs and lastly as to capital.

5 GUARANTEE AND LIMITATION OF LIABILITY
5.1 The Seller hereby provides the following warranties in respect of the goods –
5.1.1 the goods are guaranteed, from the date of delivery thereof to the Purchaser in terms of clause 3, for the applicable warranty period stipulated in the applicable warranty document separately provided to the Purchaser in respect of the replacement of all parts relating to such goods where such parts fail due to faulty materials or faulty workmanship;
5.1.2 any parts of the goods comprising glass, plastic, globes, fuses, elements, and metal castings are excluded from the application of this warranty;
5.1.3 the Seller’s liability under the guarantee shall be limited to the repair or replacement (at its election) of defective parts of the goods;
5.1.4 the Purchaser shall, at its cost and expense, deliver the defective materials and/or goods concerned to the Seller and make payment to the Seller when required, for all labour charges incurred by the Seller in connection with the repair or replacement concerned;

5.1.5 to the extent that any payment due by the Purchaser to the Seller in respect of the goods is overdue, the Seller shall not be obliged to effect the replacement or repair unless and until such overdue amounts have been paid in full.
5.2 The Seller shall not be bound to honour the warranty and it shall be void if –
5.2.1 any damage or defect is caused to the goods as a result of, whether directly or indirectly, the improper use of the goods by the Purchaser or any of its employees or agents;
5.2.2 the Purchaser fails to notify the Sender in writing of any defect in the goods within 7 days of such defect coming to the knowledge of the Purchaser;
5.2.3 the Purchaser fails to return the defective part or goods (where necessary) to the Seller within 7 days of the notification contemplated in clause 5.2.2;
5.2.4 the Purchaser is in breach of any material provision of these STCs.
5.3 Save for the warranty set forth in clause 5.2, the goods are sold voetstoots. The Seller gives no warranty as to the suitability of the goods for the purpose for which the Purchaser intends to use them.
5.4 To the fullest extent permissible in law, the Seller shall not be liable for any loss or harm suffered by the Purchaser arising from or in connection with the goods sold to the Purchaser, whether as a result of faulty materials, faulty workmanship, as a result of any repairs or replacements not having been effected timeously or at all or arising from any other cause whatsoever.
5.5 The Purchaser shall not have any claim of any nature whatsoever against the Seller for any failure by the Seller to carry out any of its obligations in terms of this agreement as a result of any circumstances beyond the reasonable control of the Seller, including, without limitation of generality of the aforegoing, any default or delay on the part of any subcontractor, carrier, supplier or their agents.
5.6 To the fullest extent permissible in law, the Seller’s total liability, if any, whether in contract, delict (including negligence), misrepresentation or otherwise, arising in connection with the supply of the goods, the performance or contemplated performance of this agreement, shall always be limited to the price of the goods and the Seller shall not be liable to the Purchaser for loss of profit, loss of business or depletion of goodwill, in each case, whether direct or indirect or consequential in nature.

6 OWNERSHIP
6.1 Ownership of the goods will only pass to the Purchaser once the Seller has received payment of the full price for the goods and, until such time, ownership of the goods shall remain vested in the Seller.
6.2 For so long as any amount of the price for the goods remains outstanding, the Purchaser undertakes to –
6.2.1 keep the Seller appraised at all times of the exact whereabouts of the goods, including the name and address of any landlord of any premises where the goods may be stored, operated or kept by or on behalf of the Purchaser and to inform any such landlord that the Seller is the owner of the goods;
6.2.2 to maintain the goods in good order and to retain possession and control of the goods at all time and not allow for the removal of the goods from its possession or control;
6.2.3 to maintain insurance, at its cost, for the benefit of the Seller, against any loss of or damage to the goods.

7 TERMINATION AND BREACH
7.1 The Seller may cancel the sale of the goods, in whole or in part, if the Purchaser commits any breach of its obligations to the Seller in terms of these STCs, including any of the events of breach contemplated in clause 7.2, such cancellation being without prejudice to the Seller’s right to claim damages.
7.2 The Purchaser is in breach if it:
7.2.1 fails to pay any amount of money due to the Seller on the due date there of;

7.2.2 is sequestrated or placed in liquidation (whether voluntary, compulsory, provisional or final) or placed under business rescue;
7.2.3 commits any act of insolvency or what would be an act of insolvency if committed by a natural person;
7.2.4 enters into an arrangement or compromise with its creditors generally;
7.2.5 fails to satisfy any judgment granted against it within 7 days of the date of judgment.
7.3 If an amount owed by the Purchaser to the Seller from any cause whatsoever, is not paid on the due date, then without prejudice to any other rights which it may have, the Seller may –
7.3.1 require that all amounts then owed to it by the Purchaser, from any cause whatsoever shall immediately become due and payable;
7.3.2 retain in its possession any goods of the Purchaser until all those amounts have been paid;
7.3.3 may until payment is made, suspend the carrying out of any of its then uncompleted obligations from any cause whatsoever;
7.3.4 terminate or suspend any credit facilities granted to the Purchaser.
7.4 If a sale is cancelled through the fault of the Purchaser, the Purchaser will be liable for any reasonable expenses, cost, loss or damage incurred or suffered by the Seller.

8 PERSONAL INFORMATION
8.1 For the purposes of this clause 8, the following words shall have the following meanings –
8.1.1 “applicable laws” –
8.1.1.1 all and any statutes, subordinate legislation and common law;
8.1.1.2 regulations;
8.1.1.3 ordinances and bylaws; and
8.1.1.4 directives, standards, guidelines, codes of good practice, circulars, guidance notices, judgments, and decisions of any competent authority, and any governmental body, agency, department and regulatory, self-regulatory and other authority or organisation, from time to time, compliance with which is mandatory;
8.1.2 “personal information” – any information provided to the responsible party by the Purchaser which is of a personal nature and includes but is not limited to, the customer’s identity/registration number, gender, marital status, education, financial and/or employment history, email addresses, physical addresses, location, data billing information and/or personal information as defined in any applicable data protection legislation including the Protection of Personal Information Act 4 of 2013, as amended from time to time (hereinafter referred to as “POPI”) but specifically excluding information which is (i) in the public domain; and (ii) required to be disclosed by any applicable law;
8.1.3 “processing” – any operation or activity, whether or not performed by automatic means, concerning personal information, including, but not limited to, the distribution, collection, use, alteration, storage and/or destruction of the personal information; and
8.1.4 “responsible party” – the Seller and its directors, officers, agents and/or employees.
8.2 The Purchaser acknowledges and agrees that the personal information of the Purchaser supplied to the Seller by virtue of these STCs, the Founding Document and/or any credit application is to be used by the Seller for the purpose of assessing the Purchaser’s creditworthiness, where credit is applied for, and for purposes of entering into these STCs with the Seller generally. The Purchaser hereby confirms that the information as aforesaid is accurate and complete and undertakes to update such information whenever necessary to ensure the accuracy thereof. The Seller shall not be liable for any inaccuracies relating to the personal information of the Purchaser as aforesaid.
8.3 The Purchaser hereby consents to the responsible party –
8.3.1 processing the personal information;

8.3.2 sharing such personal information with its affiliates and companies that help it to provide its services to the Purchaser and which have agreed to keep the personal information secure, confidential and to only use it for the authorised purpose of enabling the efficient delivery of goods and services by the Seller to the Purchaser;
8.3.3 altering or deleting the personal information to the extent so required by the Purchaser.
8.4 The responsible party is entitled to process and/or disclose the personal information if such processing and/or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on the Seller, or to protect and defend its rights or property.
8.5 The Purchaser warrants to the responsible party that the Purchaser –
8.5.1 is the sole beneficial owner of the personal information; and
8.5.2 has obtained, to the extent necessary, the required consent in order to furnish the responsible party with any personal information of which the Purchaser is not the sole beneficial owner.

9 PROTECTED CONSUMER
To the extent that the Purchaser is a protected consumer
9.1 the provisions of this agreement shall not negate the Purchaser’s rights in terms of the CPA nor preclude the Purchaser from exercising such rights;
9.2 in the event of any conflict between the provisions of this agreement and the CPA, the provisions of the CPA shall take precedence and this agreement shall be interpreted so as to give effect to the provisions of the CPA.

10 INDEMNITY

10.1 The parties acknowledge that in terms of section 61 of the CPA, the producer, importer, distributor, retailer, and/or supplier of goods or services, may be jointly and severally liable for any harm caused wholly or partly as a consequence of –
10.1.1 supplying unsafe goods;
10.1.2 a product failure, defect or hazard in any goods; or
10.1.3 inadequate instructions or warning provided to the consumer pertaining to any hazard arising from or associated with the use of any goods, irrespective of whether the harm resulted from any negligence on the part of the producer, importer, distributor, retailer or supplier, as the case may be.
10.2 In respect of clause 10.1 above, each party (“indemnifying party”) hereby indemnifies and holds harmless the other party from and against any and all claims, actions, liabilities, damages, costs and expenses asserted against, imposed upon or incurred by such other party as a result of or arising out of any harm alleged or proven by a consumer himself or herself, or other person contemplated in section 4(1) of the CPA, to the extent that such harm is attributable to the conduct of the indemnifying party or any contravention by the indemnifying party of any applicable law.
10.3 It is recorded that the Seller entering into an agreement with the Purchaser in terms of these STCs, is without prejudice to any rights or defences which the Seller may have under and in terms of the CPA or at law in respect of any claims made or brought against it by the Purchaser and/or any protected consumer or purchaser of any goods supplied by the Seller.

11 JURISDICTION
11.1 If the Purchaser is a resident of or carries on business in the Republic of South Africa then the Seller shall be entitled to institute any proceedings against the purchaser in any Magistrate’s Court having jurisdiction, even if the cause of action in question exceeds the jurisdiction of that Court.
11.2 If the Purchaser is not a resident in nor carries on business in the Republic of South Africa, then the Purchaser consents and submits to the jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg for all purposes arising here from.

12 DOMICILIUM AND NOTICES
12.1 The Parties choose domicilium citandi et executandi (“domicilium”) for all purposes of the giving of any notice, the payment of any sum, the serving of any process and for any other purpose arising from these STCs as follows –
the Seller – at its registered address;
the Purchaser – the Purchaser at the address specified by it for delivery of the goods and if the Purchaser is to collect the goods from the Seller’s premises, then at such address as specified in the Founding Document.
12.2 Each of the Parties shall be entitled from time to time, by written notice to the others, to vary its domicilium to any other physical address.
12.3 Any notice given and any payment made by any party (“the sender”) to any other (“the addressee”) shall be in writing and if
12.3.1 delivered by hand during the normal business hours of the addressee at the addressee’s domicilium for the time being shall be presumed to have been received by the addressee at the time of delivery;
12.3.2 delivered by way of courier service shall be presumed to have been received by the addressee on the 7th business day following the date on which the courier service was placed in possession of such notice.
12.4 Notwithstanding anything to the contrary contained in this clause 12, written notice or other communication actually received by a party shall be adequate written notice or communication to it notwithstanding that the notice was not sent or delivered to its chosen address or email address.

13 GENERAL
13.1 These STCs, as read with the credit application, where applicable, and the relevant Founding Document (collectively “the agreement documents”) constitute the sole record of the agreement between the parties in relation to the subject matter hereof and supersedes all other agreements which may have been concluded between the parties in relation to the subject matter hereof
13.2 No party shall be bound by any representation, warranty, promise or the like not specifically recorded in the agreement documents.
13.3 No addition to, variation, or agreed cancellation of the agreement for supply of goods entered into between the parties subject to this version of the STCs (or this clause 13.3) shall be of any force or effect unless recorded in a written document and signed by or on behalf of the parties. For the purposes of this clause 13.3, a “written document” shall exclude any written document that is in the form, either wholly or partly, of a data message as defined in the Electronic Communications and Transactions Act 25 of 2002 of the Republic of South Africa, and “signed” shall mean a signature executed by hand with a pen and without any electronic process or intervention.
13.4 No indulgence which any party (“the grantor”) may grant to any other (“the grantee”) shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.
13.5 The Purchaser acknowledges that the Seller shall be entitled without notice to the Purchaser to cede all or any of its rights under the agreement documents to a third party (“cessionary”) and on such cession taking place, the Purchaser shall –
13.5.1 hold any goods in respect of which the ownership remains reserved in terms of clause 6, on behalf of and attorn to any such cessionary in place of the Seller; and
13.5.2 if so required by the cessionary at any time, make all payments due to the Seller, directly to such cessionary.
13.6 The expiration or termination between the parties of the agreement for supply of goods entered into between the parties subject to this version of the STCs shall not affect such of its provisions as expressly provide that they shall continue to apply after such expiration or termination or which of necessity must continue to apply after such expiration or termination.
13.7 The agreement documents shall be governed by the laws of the Republic of South Africa.
13.8 All provisions of these STCs are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these STCs which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these STCs shall remain of full force and effect. The parties declare that it is their intention that these STCs would be concluded without such unenforceable provision if they were aware of such unenforceability at the time of conclusion hereof.

PRIVACY POLICY

FoodServ Solutions (Pty) ltd

(“the Company”)

introduction

Capitalised terms used in this Policy are explained in Schedule 1 and will for purposes of this Policy bear the meaning as set forth in Schedule 1.

The Company is sensitive to the personal nature of the information you provide to

This privacy policy (“this Policy“) explains how the Company protects and uses your Personal

By providing the Company with your Personal Information, you–

agree to this Policy and authorise the Company to process such information as set out herein; and

authorise the Company, its Associates, its Service Providers and other third parties to Process your Personal Information for the purposes stated in this Policy.

The Company will not use your Personal Information for any purpose other than that set out in this Policy and will endeavour to protect your Personal Information that is in the Company’s possession from unauthorised alteration, loss, disclosure or

Please note that the Company reserves the right review, modify and update this Policy from time to time. Such amended Policy will be uploaded to the Website and such amended Policy will supersede and replace any previous versions with effect from the date on which it is uploaded to the Website.

This Policy applies to all external parties (collectively hereinafter “you“) with whom the Company interacts, including but not limited to, individual customers, representatives of customers, visitors to the Company’s offices, showrooms, manufacturing premises and/or interacting with the Company at trade shows and/or otherwise obtaining the products or services provided by the Company.

COLLECTION of personal information

The Company may collect or obtain Personal Information about you-

directly from you;

in the course of the Company’s relationship with you;

in the course of providing products or services to you or your organisation;

when you generally make your Personal Information public;

when you visit and/or interact with the Website or the Company’s various social media platforms or other online media presence (see further clause [ ] for further detail);

when you register to receive any of the Company’s newsletters, updates, brochures or other promotional activities;

when the Company performs any background or credit check on you for the purpose of confirming your ability and/or eligibility to enter into any credit arrangements with the Company;

when you interact with any third party content or advertising on the Website; or

when you visit the Company’s offices, showrooms, manufacturing premises or interact with the Company at trade shows.

The Company may also receive Personal Information about you from third parties (e.g. law enforcement authorities and credit bureaus).

In addition to the above, the Company may create Personal Information about you such as records of your communications and interactions with the Company, including, but not limited to, your attendance at promotional or trade events in which the Company is involved, at interviews in the course of applying for a job with the Company, subscription to the Company’s newsletters and other mailings and interactions with you during the course of any of the Company’s digital marketing

Categories of personal information the company may process

The company may process the following categories of Personal Information about you –

personal details such as your name;

demographic information such as your gender, date of birth/age, nationality, salutation, title and/or language preferences;

identifier information to verify your identity such as your passport or national identity number;

contact details such as your correspondence address, telephone number, email address and/or details of your public social media profile(s);

attendance records such as the details of meetings and other events organised by or at which the Company is represented that you have attended;

consent records such as records of any consents or opt-ins you may have given, together with the date and time, means of consent and any related information;

employer details such as where you interact with the Company in your capacity as an employee of an organisation, the name, address, telephone number and/or email address of your employer (to the extent relevant);

payment details such as your billing address, payment method, bank account number or credit card number, invoice records, payment records, SWIFT details, IBAN details, payment amount, payment date and/or records of cheques;

data relating to your visits to the Website, your device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to the Website and other technical communications information;

content and advertising data such as records of your interactions with the Company’s online advertising and content, records of advertising and content displayed on pages displayed to you and/or any interaction you may have had with such content and/or advertising (including, but not limited to, mouse hover, mouse clicks and/or any forms you complete);

records of orders and purchases you made from the Company or services of the Company utilised you.

Sensitive personal information

Should the Company need to Process your Sensitive Personal Information, it will do so only in the ordinary course of the Company’s business, for a legitimate purpose, and in accordance with applicable law.

Purposes of processing and legal basis for processing

The Company will Process your Personal Information in the ordinary course of the Company’s business of contracting for the provision of the Company’s products and services related hereto, to you (the “primary purpose”). The Company will primarily use your Personal Information for the primary purpose for which it was originally or primarily collected. The Company will only use your Personal Information for a secondary purpose should such purpose constitute a legitimate interest and be closely related to the original or primary purpose for which the Personal Information was collected. The Company may subject your Personal Information to Processing during the course of various activities, including, without limitation, the following–

operating the Company’s business;

compliance with applicable law and fraud prevention;

transfer of information to the Company’s Service Providers and/or other third parties;

analysing the data in order to learn more about your likely preferences and interests to enhance the content of our website and promotional offerings to you;

product research and development;

The Company may process your Personal Information for relationship management and marketing purposes in relation to the Company’s services (including, but not limited to, Processing that is necessary for the development and improvement of the Company’s products and services), for accounts management, and for marketing activities in order to establish, maintain and/or improve the Company’s relationship with you and with its Service Providers. The Company may also analyse your Personal Information for statistical

The Company may process your Personal Information for internal management and management reporting purposes, including but not limited to, conducting internal audits, conducting internal investigations, implementing internal business controls, providing central processing facilities, for insurance purposes and/or for management reporting analysis.

The Company may Process your Personal Information for safety and security

Disclosure of information to THIRD parties

The Company may disclose your Personal Information to its Associates and Service Providers, for legitimate business purposes, in accordance with applicable law and subject to applicable professional and regulatory requirements regarding confidentiality. In addition, the Company may disclose your Personal Information –

if required by law;

to legal and regulatory authorities, upon request, for the purposes of investigating or reporting any actual or suspected breach of applicable law or regulation;

to third party Operators (including, but not limited to, data processors such as providers of data hosting services and document review technology and services), located anywhere in the world, subject to clause 6.2;

where it is necessary for the purposes of, or in connection with, actual or threatened legal proceedings or establishment, exercise or defence of legal rights;

to any relevant party for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including but not limited to, safeguarding against, and the prevention of threats to public security;

to any relevant third party acquirer(s), should the Company sell or transfer all or any portion of its business or assets (including, but not limited to, in the event of a reorganisation, dissolution or liquidation); and/or

to any relevant third-party provider, where the Website uses third party advertising, plugins or content.

Should the Company engage a third party Operator to Process any of your Personal Information, the Company recognises that any Operator who is in a foreign country must be subject to a law, binding corporate rules or binding agreements which provide an adequate level of protection similar to POPIA. The Company will review its relationships with Operators it engages and, should any applicable law so require the Company will require such Operators to be bound by contractual obligations to –

only Process such Personal Information in accordance with the Company’s prior written instructions; and

use appropriate measures to protect the confidentiality and security of such Personal

International transfer of personal information

The Company may transfer your Personal Information to recipients outside of the Republic of South Africa.

Subject to clause 2, Personal Information may be transferred outside of the Republic of South Africa provided that the country to which the data is transferred has adopted a law that provides for an adequate level of protection substantially similar to POPIA, the Operator/third party undertakes to protect the Personal Information in line with applicable data protection legislation and the transfer is necessary in order to provide the legal and other related services that are required by the Company’s clients.

Data security

The Company implements appropriate technical and organisational security measures to protect your Personal Information that is in the Company’s possession against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, and/or unauthorised access, in accordance with applicable law.

Where there are reasonable grounds to believe that your Personal Information that is in the Company’s possession has been accessed or acquired by any unauthorised person, the Company will notify you as well as the relevant regulator in terms of POPIA, unless a public body responsible for detection, prevention or investigation of offences or the relevant regulator terms of POPIA informs the Company that notifying you will impede a criminal

Because the internet is an open system, the transmission of information via the internet is not completely secure. Although the Company will implement all reasonable measures to protect your Personal Information that is in the Company’s possession, the Company cannot guarantee the security of any information transmitted using the internet and the Company cannot be held liable for any loss of privacy occurring during the course of such

Data accuracy

The Personal Information provided to the Company should be accurate, complete and up to date. Should Personal Information change, the onus is on the person who provided such data to notify the Company of the change and to provide the Company with correct, accurate and current data.

Data minimisation

The Company will restrict its processing of Personal Information to data which is sufficient for the fulfilment of the primary purpose and any other applicable legitimate purpose for which it was collected.

Data retention

The Company shall only retain and store Personal Information for the period for which the data is required to serve its primary purpose or for any other legitimate interest or for the period required to comply with an applicable legal requirement, whichever is the longer period.

Your legal rights

You have the right to –

request that the Company confirms whether it holds any of your Personal Information and to request a copy of the record of Personal Information the Company holds about you. Any request for a copy may be subject to payment of a fee (the amount of which will be notified to you at the time of the request). The Company is entitled to take all reasonable steps to confirm your identity before providing details of your Personal Information and will accordingly require proof of your identity before providing you with such information;

request the Company to update, correct or delete your Personal Information, where such information is inaccurate, irrelevant, excessive, out of date, incomplete misleading or was obtained unlawfully. You may also request the Company to destroy or delete any record of your personal information which it is no longer authorised to retain in terms of POPIA;

object to the Processing of your Personal Information;

withdraw your consent to the use of your Personal Information;

to lodge a complaint against the Company to the Information Regulator (South Africa) (IRSA), contact details of which are available at https://www.justice.gov.za/inforeg/contact.html.

COOKIES AND SIMILAR TECHNOLOGIES

When you visit the Website, the Company may collect information about you using technology which is not apparent to you by way of, for example, Cookies. The company may place Cookies on to your device or read Cookies already on your device, subject always to obtaining your consent where required in accordance with applicable law.

The Company uses Cookies to record information about your device, your browser and, in some cases, your preferences and browsing habits. Cookies may also be used to compile aggregate information about areas of the Website that or visited the most frequently, so as to enhance the content of the Website and make the user experience more friendly. Cookies enable the Company’s system to recognise you when you visit the Website and to improve the Company’s service to you.

You can disable the use of Cookies by configuring your browser accordingly.

Direct marketing

The Company may Process your Personal Information for the purposes of providing you with information regarding products and/or services that may be of interest to you. You may unsubscribe for free at any time.

If you are an existing customer, the Company provides you with the opportunity to “opt out” of having your Personal Information used for certain purposes. If you no longer wish to receive promotional communications from the Company, you may opt out communications by following the instructions included in each promotional communication and by updating your registered profile preferences.

Contact details

You may contact the Company for any of the purposes related to this Policy at –

The Information Officer – FoodServ Solutions

Attention: FoodServ Solutions

Telephone: 011 616 5183

Email: info@foodserv.co.za

Date last amended 30 June 2021

SCHEDULE 1

DEFINITIONS

“Associates” means the Company’s shareholders, holding company, subsidiaries and/or the directors, employees and consultants of the Company, its holding company or of any of its subsidiaries.

“Cookie” means a small file (alphanumeric identifier) that is transferred to your device when you visit a website. In the Policy, a reference to a “Cookie” includes analogous technologies such as web beacons and clear Graphic Interchange Format files (“GIFs”).

“Operator” means any person or entity that Processes Personal Information on behalf of the Responsible Party.

“Person” means “a natural person or a juristic person.

“Personal Information” means information that is about any Person, or from which any Person is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, a registration number (where it is applicable), location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that Person (where it is applicable).

“POPIA” means the Protection of Personal Information Act 4 of 2013, as amended.

“Process“, “Processes”, “Processing” or “Processed” means anything that is done with any Personal Information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

“Responsible Party” means the entity that decides how and why Personal Information is Processed.

“Sensitive Personal Information” means Personal Information about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that may be deemed to be under applicable law.

“Service Provider” means third party providers of various services whom the Company engages, including, but not limited to, providers of information technology, communication, file storage, data storage, copying, printing, accounting or auditing services, counsel, experts, investigators, correspondent attorneys, translators, taxation consultants and/or the Company’s’ insurers and professional advisors.

“Website” means any website operated, or maintained, by the Company or on the Company’s behalf at https://www.foodserv.co.za/

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161 G SP / 161 T G SP Soft Serve Machine

191 CLASSIC / 191 STEEL Soft Serve Machine

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