TERMS AND CONDITIONS OF USE "SELECTIVE CITY"
THE COMPANY (BFS NETWORK) is a Limited Company. registered office is located at70 New church street, Post Office Box 8001, CAPE TOWN, BFS NETWORK registered in the Companies Registry as company number 2014/089066/07, offers a service, the mobile application "SELECTIVE CITY", which allows Users to search for nearby point of sales information, news and updates and/or Events.
The purpose of these Terms and Conditions of Use (hereinafter referred to as the "TCU") is to specify the terms and conditions of use of the Mobile Application " SELECTIVE CITY" (hereinafter referred to as the "Application") by Users and the HORECA Establishments, published by BFS NETWORK (hereinafter referred to as the Company).
By installing the Application on your terminal, and/or by accessing the Application, as a visitor and/or user, you accept these TCU in their entirety without conditions or reservations. If you do not wish to accept these TCU, we ask you not to access the Application. Any visit and/or use of the Application must be made in compliance with these TCU.
The Company reserves the right to modify the present Terms and Conditions of Use at any time.
The applicable Terms and Conditions of Use are those in force at the date of use of the Application.
These Terms and Conditions of Use are the property of the Company. Any reproduction (even partial) is strictly forbidden.
The Application is offered for the iOS and Android platforms under the contractual conditions imposed by Apple and Google. The User undertakes to comply with the latter.
This Contract is concluded between the Company and any person wishing to use the Application (hereinafter referred to as "the User").
The Contract is concluded for the entire duration of use of the Application by the User and, where applicable, for the entire duration of its registration.
ARTICLE 1 PURPOSE OF THE SERVICE
SELECTIVE CITY is a mobile application which lists the cafés, hotels, restaurants, discotheques and other restaurant/accommodation/food Establishments in a city (hereinafter referred to as "HORECA Establishments").
It allows Users to search for nearby HORECA Establishments and/or Events.
ARTICLE 2 DEFINITIONS
"Application” : refers to the interactive tool offered by the Company, accessible on smartphone via the iOS and Android platforms.
"User": refers to any person, whether registered or not, who uses the Application and who has accepted the TCU.
“HORECA Establishment": refers to the Establishments referenced on the Application, such as cafés, hotels, restaurants and discotheques (this list is not exhaustive).
"Access Code": refers to the login names and passwords allowing access to the User's Account or to the SELECTIVE CITY pro Account of the HORECA Establishment.
"User Account": refers to the personal management space dedicated to the User.
"SELECTIVE CITY pro account" or "Dashboard": refers to the personal management space dedicated to the HORECA Establishment.
"Content: refers to all audio-visual, textual, sound, graphic, photographic, etc. elements sent, transmitted, disseminated, or published by a User or an HORECA Establishment or on which the User/HORECA Establishment interacts on the Application, in any form whatsoever, and in particular, in text, image, video or audio format.
"Event": refers to any event organized by an HORECA Establishment, such as a concert, theme evening etc.
"Notification” : refers to the alert issued by the Application or by an HORECA Establishment to which the User has subscribed, in order to notify the User of the existence of a promotion, Event, etc.
"Favorites": means the list of the User's favorite places or Events.
"Listing": refers to the record containing the information relating to the HORECA Establishment.
"Itinerary": indicates the route to follow to reach the HORECA Establishment
"Products": refers to the products marketed by the company.
ARTICLE 3 CONDITIONS OF ACCESS AND TERMS OF REGISTRATION
3.1 USER ACCESS AND REGISTRATION
3.1.1 Conditions of access to the application
Access to the Application is:
free and open to any Adult User;
free of charge, except for the cost of the internet connection, which is charged to the User;
subject to prior downloading of the Application by the User on an iOS or Android platform, through their iTunes or Google Play user account and in accordance with the contractual conditions imposed by Apple or Google. The User undertakes to comply with the latter.
3.1.2 Conditions of registration for the application
Registration for the Application is free of charge and reserved for natural persons of adult age and possessing capacity.
The User guarantees the truthfulness of the information they provide during registration and undertakes to update this information if it changes during the registration period.
To register, the User must create an Account, formally accepting these Terms and Conditions of Use and providing the required information:
Year of birth;
The User accesses their Account by clicking on the "My Account" tab.
The User is reminded that registration for the Application is strictly personal and that they may only have one Account.
It is specified to the User that while access and registration to the Application are free, the purchase of a product from a HORECA Establishment referenced on the Application implies the payment of a price.
3.2 MEMBERSHIP OF HORECA ESTABLISHMENTS
To be referenced on the Application, the Establishment must fall into the following categories:
-"Where to go out": bar, hotel, restaurant, restaurant, discotheque, refreshment room, or any other Establishment which can accommodate consumers to eat and drink;
-"Where to sleep": hotel, bed and breakfast, room/apartment for rent, or any other Establishment which can accommodate one or more people;
-"Where to buy": professional distributors, petrol stations, supermarkets, grocery stores, or any other Establishment selling products
Membership is free. The Establishment must exist in accordance with the legal provisions in force in South Africa.
The membership of an Establishment is subject to approval by the Company within a minimum period allowing verification of the actual existence of the said Establishment.
ARTICLE 4 FEATURES OF THE APPLICATION
4.1 FEATURES FOR USERS
The Application gives free access to the following features, allowing Users to:
-Search for HORECA Establishments and/or events in the vicinity;
-Filter the search results according to various criteria: search by date, by theme, by category of Establishment;
-Consult the Listing of HORECA Establishments referenced on the Application: nature of the place consulted, location, events, promotions, practical information;
-View the selected location on the map;
-Share the Listing of the place being consulted with a contact by SMS, email or other messaging application;
-Save the Listing of the place viewed in their Favorites;
-Display the Itinerary of the consulted place;
-Request a quote from the HORECA Establishments when this option is proposed;
-Order products directly from the HORECA Establishments when this option is proposed;
-Create an account;
-Choose the language of the Application when this option is proposed;
-Subscribe to an HORECA Establishment;
-Accept to receive Notifications from the Application and/or the HORECA Establishments to which the User has subscribed.
Among the features described above, the User is informed that the feature for locating and searching for an HORECA Establishment or an Event located nearby is subject to the geolocation of their terminal.
Otherwise, the User will have access to the Application but will not be able to geolocate and search for a nearby HORECA Establishment and/or Event.
The User acknowledges that the geolocation of their terminal requires them to share their location data, the geographical position of their mobile phone, which they expressly accept if they wish to be able to use the said feature of the Application.
When using the Application for the first time, the User will be asked to authorize the Application to access their geolocation in order to offer this feature.
Any User may at any time deactivate the geolocation function in the settings area of their terminal.
4.2 FEATURES FOR HORECA ESTABLISHMENTS
Membership of the Application allows the HORECA Establishments:
-To be listed on the Application;
-To create a SELECTIVE CITY Pro Account;
-To modify its profile and settings via its Dashboard;
-To create and promote Events;
-To know how many Users are following its point of sale and its Events;
-To send Notifications to Users who have subscribed to it;
-To offer Users the possibility to book online, when this option is activated;
-To send the Users a quote, when this option is proposed;
-In later versions of the Application, to be highlighted in the top addresses against payment of a fee;
-To benefit from visibility tools in future versions of the Application.
ARTICLE 5 PROCEDURES FOR LISTING, CATEGORISATION AND DELISTING OF COMMERCIAL OFFERS PLACED ONLINE
The Company reserves the right to delist offers from an HORECA Establishment:
-which no longer meets the conditions for membership;
-which does not meet its contractual obligations;
-whose membership of the Application has expired;
-which is the subject of one or more proven complaints from Users.
The User is informed that:
-the offers of the HORECA Establishments are classified according to their theme or category;
-some HORECA Establishments may be highlighted in the top addresses against payment of a fee;
-the listed HORECA Establishments may benefit from other visibility tools in future versions of the Application.
ARTICLE 6 : IMAGE RIGHTS
If the User and the HORECA Establishments provide photographs, images or any other Content when registering/upon membership or when using the Application, they undertake:
-to authorize the Company to distribute these photographs, images or Content on the Application;
-to refrain from distributing a photograph, image or Content on which third parties are identifiable, unless it has obtained their express authorization to distribute said photograph, image or Content.
Upon notification by a third party, the Company reserves the right to withdraw of a photograph, image or Content which infringes image rights.
ARTICLE 7 PERSONAL DATA
7.1 DATA PROCESSED BY THE COMPANY
The Company informs the User and the HORECA Establishments that their personal data are recorded and processed to enable the Company to offer them the various features proposed by the Application.
This processing has been the subject of a declaration according to South African Law, on the protection of personal data.
The data collected via the Application are hosted by the Company
In addition, the Application provides the possibility for the User to geolocate themselves. The Company therefore processes the User's geolocation data.
When using the Application, the User's express consent is requested for the Company to have access to their geolocation data. In the absence of express agreement, the User's geolocation data will not be processed by the Company
The User and the HORECA Establishments have the right to access, rectify and delete this collected data. These rights are strictly personal and may only be exercised by the User for data concerning them or another User of whom they are the legal representative.
The User may exercise their rights by sending an e-mail to the address email@example.com
or by sending a letter to the following address:
70 NEW CHURCH STREET
Attention: Commercial & Marketing Department
The letter must specify the User's surname, first name, e-mail address, login name and any element which can identify them with certainty.
The data transmitted by the User/HORECA Establishment are kept for the duration of their registration on the Application.
Connection information, and in particular the pages consulted and IP addresses, is kept for the legal period (i.e. one year from the date of recording).
The geolocation data are kept for a period of time which cannot exceed the purpose of the Application.
Beyond this period, the data may be stored only for the specific purpose of processing for historical, statistical or research purposes, in accordance with legal provisions.
Unless the User's prior and express consent is obtained, the data transmitted by the User is not communicated by the Company to third parties and is not used for commercial prospecting purposes.
The Company shall take all appropriate measures to ensure the security and confidentiality of the personal data processed.
The User/HORECA Establishment is informed that their data is hosted on the territory of South Africa.
7.2 DATA PROCESSED BY THE HORECA ESTABLISHMENTS
The HORECA Establishments remain exclusively and entirely responsible for the processing of personal data which they perform on their own behalf.
As far as they are concerned, they will take all measures to ensure the protection and confidentiality of the nominative information they hold on Users in accordance with the Laws of South Africa.
ARTICLE 8 INTELLECTUAL PROPERTY
The Application is the exclusive property of the Company SELECTIVE CITY.
The Company is the owner of all the intellectual property rights relating to the Application and in particular, of all the graphic, sound, text, and software elements, including the underlying (or of any other nature) technology which comprises the Application.
The User and the HORECA Establishments thus undertake not to infringe the intellectual property rights of the Company and, as such, shall refrain from reproducing, representing, translating, modifying or disseminating (even partially) any element protected by an intellectual property right unless they have had prior express authorization to do so from the Company.
Any reproduction of an element of the Application by the User or by the HORECA Establishments without the authorization of the Company constitutes an act of counterfeiting liable to criminal and civil proceedings.
Furthermore, the User and the HORECA Establishments undertake to refrain from any use, for any reason whatsoever, of the Content and information appearing on the Application.
By accepting the Conditions of Use, the User and the HORECA Establishments grant, on a non-exclusive basis, to the Company for the entire world and for the entire duration of their registration/membership, the right to reproduce, represent and if necessary modify the Content communicated by the User/the HORECA Establishments in order to ensure that it is put online, accessible and legible under the best conditions.
The User and the HORECA Establishments declare and guarantee that the Content and information they communicate via the Application do not infringe any rights belonging to third parties.
The User shall refrain from using the Application for commercial purposes without the express and prior authorization of the Company
ARTICLE 9 OBLIGATIONS OF THE PARTIES
9.1 OBLIGATIONS OF THE USER AND THE HORECA ESTABLISHMENTS
9.1.1 Joint obligations of Users and the HORECA Establishments
-Checking the compatibility of the Application
The User and the HORECA Establishments agree that they have read and understood the technical characteristics and safety features of the Application prior to acceptance of the present document.
They are responsible for all the equipment (hardware and software) required to use the Application via the Internet network. They must regularly update their equipment and their internet connection, which is necessary for the proper functioning of the Application.
The Access Codes
It is specified that access to the User's Account and to the HORECA Establishments' pro Account is secured so as to protect, in a permanent manner and with respect to third parties not authorized to read it, all data of the User(s)/the HORECA Establishments which are circulated through the systems in the context of the use of the Application.
The User and the HORECA Establishments are informed that the Access Codes allowing them to access their account are personal and confidential and may not be communicated to third parties.
The use and preservation of the Access Codes are the sole responsibility of the User and of the HORECA Establishments, which alone shall bear the consequences which may result from their use by third parties who may have gained knowledge of them. The Company shall not be liable for any loss or damage arising from the failure of the User(s) to comply with these requirements.
In the event of loss or theft of their login details, the User/HORECA Establishment undertakes to change their password or request its regeneration via the procedure set up by the Company allowing them to retrieve their Access Codes as soon as possible.
-The information provided
The User and the HORECA Establishments guarantee that all the information provided when registering/joining the Application is correct and undertake to update it regularly.
The User guarantees the truthfulness and accuracy of the information relating in particular to their identity and contact details. The HORECA Establishments guarantee the truthfulness and accuracy of the information contained in their Listing (name, location, rates etc.).
When using the Application, the User and the HORECA Establishments undertake to provide and publish complete, regular and updated information, in particular concerning Events, promotions and products offered by the HORECA Establishments.
-Using the Application
The User and the HORECA Establishments undertake to use the Application solely for the purposes set forth in these Terms and Conditions of Use and in strict compliance with technical and safety standards.
They understand and accept the features of the Application.
The use of the Application is under the exclusive responsibility of the User and the HORECA Establishments. Consequently, any processing, transmission, distribution or representation of information or data via the Application by the User or the HORECA Establishments shall be carried out under their sole and entire responsibility and in strict compliance with the legal and regulatory provisions relating to the use of online services.
The User and the CHRD Institutions are solely responsible for the Content they publish and/or interact with. The User and the CHRD Establishments shall refrain from disseminating Content (texts, images, photos, videos, links, etc.) that may infringe the rights and interests of third parties, that is contrary to the laws and regulations in force or that is detrimental to public order and morality. In particular, the User and the CHRD Institutions shall refrain from broadcasting via the Application:
- Content of a sexually explicit nature or promoting this type of content,
- Content that sexualizes children or depicts them in scenes of a sexual nature.
- Content that incites hatred against an individual or group of individuals based on ethnic origin, nationality, religion, gender, sexual identity or orientation, age, disability, veteran status or any other characteristic identified as a ground for discrimination or marginalization.
- Content that promotes or condones violence
- of Contents containing shocking elements or serving as relays for attacks
- of Content using obscene, coarse or offensive language
- Content intended to harass, intimidate or threaten third parties.
In the event of non-compliance with these provisions, the User and the CHRD Establishments expose themselves, without prejudice to any other rights the Company may have, to the deletion of the associated Content, the deactivation and deletion of an account or a password as well as the deletion of access to an account in accordance with article 9.2.1
Likewise, the User and the HORECA Establishments undertake not to transmit, via the Application, any Content including computer viruses, or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software, computer or telecommunications tool, without this list being exhaustive.
The User and the HORECA Establishments are liable for Content which contravenes any of these provisions.
The User and the HORECA Establishments recognize the possibility that the Company remove any content which does not comply with these requirements.
The User and the HORECA Establishments furthermore undertake to notify the Company without delay any anomaly concerning the use of the Application, at the following address: firstname.lastname@example.org
Finally, the User and the HORECA Establishments undertake to respect the image of the Company CASTEL DRINKAPP and its reputation, as well as other Users and HORECA Establishments. They undertake not to make any statements and/or take any action whatsoever which may be detrimental to the Company, to other Users or to the HORECA Establishments.
Backup, security and confidentiality of data
The User and the HORECA Establishments assume full responsibility for the complete and regular backup of their data.
The User and the HORECA Establishments undertake to safeguard their data and to ensure the security and confidentiality of the latter.
9.1.2 Obligations of Users towards the HORECA Establishments
The User is solely responsible for the respect of their obligations towards the HORECA Establishments and, in particular, for the payment of the price of the products ordered from the latter.
Insofar as the Company does not intervene in the relationship between the User and the HORECA Establishments, it shall not be held liable in the event of failure by the User to comply with its contractual obligations towards the HORECA Establishments.
9.1.3 Obligations of the HORECA Establishments towards the Users and the Company.
Obligations towards the Users
The HORECA Establishments are solely responsible for the relationship they maintain with the Users. In their relations with the Users, the HORECA Establishments undertake to comply with all applicable legal and regulatory provisions and honor their commitments (in particular in the case of a product reservation).
The Company does not intervene in the relationship between the HORECA Establishments and the Users. Consequently, it shall not be held liable in the event of non-compliance by the HORECA Establishments with their contractual obligations towards the Users.
The Company reserves the right to delist a HORECA Establishments, without justification or prior notice, in the event of proven complaint(s) from Users.
In general, the HORECA Establishments undertake to comply with the regulations applicable to their activity and, in particular, their social and tax obligations.
The HORECA Establishments declare that they are insured, in particular for professional civil liability, with a known to be solvent insurance company and undertake to keep all insurance policies up to date, to cover all damage caused by to the Company Users and following the performance or non-performance of this Contract.
The HORECA Establishments undertake to provide the Company at any time and on first request proof that the above-mentioned insurance policies have been taken out and that the corresponding premiums have been paid up to date.
The HORECA Establishments also undertake to notify to the Company of any modification, suspension or cancellation of said insurance policies, whatever the cause, as soon as possible.
Loyalty and good faith
The HORECA Establishments expressly declare that the conclusion or execution of the present Contract does not contravene any commitment previously entered into, in particular an exclusive contract with a third party or an employment contract.
The HORECA Establishments undertake to use the Application in good faith and with loyalty and shall refrain from any practice contrary to fair competition, or which may harm the interests or image of the Company directly or indirectly.
The HORECA Establishments shall refrain, for the entire duration of this Contract plus twenty-four (24) months, from developing, marketing, sub-leasing or making available to any unauthorized third party the Application which is the subject of this Contract, or any product or service likely to compete with it.
9.2 OBLIGATIONS OF THE COMPANY
The Company undertakes to take reasonable measures to ensure that the Application is accessible via the Internet 365 days a year, 24 hours a day, 7 days a week, except in the event of force majeure, technical and/or IT and/or telecommunications difficulties and/or maintenance periods (and in particular updates).
The Company may not be held liable for any unavailability of the Application relating to the Internet connection of the User or the HORECA Establishments, their equipment or maintenance operations necessary for the proper functioning of the Application.
The Company shall not be held liable for any unavailability of the Application relating to the iOS or Android download platform, for which Apple or Google shall be solely responsible.
The Company reserves the right to interrupt, immediately and without notice, access to the Application for all Users/HORECA Establishments and/or individually regarding a User or an HORECA Establishment:
1° In order to carry out a technical intervention or for any maintenance operation.
Whenever possible, the Company will inform the User and the HORECA Establishments beforehand.
2° In case of use of the Application in a manner contrary to These Presents.
The User and the Institutions CHRD accept that such use may result, at the discretion of the Company, in the deletion of the associated Content, the deactivation and deletion of an account or a password as well as the deletion of access to an account..
9.2.2 Confidentiality and security of access
The Company undertakes to implement any technical means (in accordance with the state of the art) to maintain the integrity, security and confidentiality of access to the Application.
9.2.3 The evolution of features
The Company reserves the right to make changes in the presentation, operation or functionality of the Application at any time, without prior notice.
The Company ensures the hosting of the Application in conditions of secure access and premises which comply with the state of the art.
The Company ensures the evolutionary and corrective maintenance of the Application so as to guarantee its durability and availability within the framework of an obligation of means.
The User and the HORECA Establishments automatically benefit from any update developed by the Company on the corresponding version of the Application they are using.
The Company may not be held liable for any incompatibility of the Application with all of the equipment (hardware and software) of the User/the HORECA Establishments resulting in particular from incompatibility with the iOS or Android version of the User's/the HORECA Establishments’ terminal, from the failure of the User/the HORECA Establishments to update the Application or from the maintenance of the Application performed by the Company.
The Company shall also not be held liable for the availability of the Application with any new equipment (hardware and software) for which the Application is not up to date.
9.2.6 Features, uses
The Company does not guarantee that the features of the Application are adequate for any particular use intended by the User or the HORECA Establishments. The latter must first check the suitability of the features of the Application for their need(s).
ARTICLE 10 LIABILITY
The Company shall be bound, with respect to the undertakings herein, only by an obligation of means.
The User and the HORECA Establishments are warned of the technical hazards inherent to the Internet and the interruptions of access that may result therefrom. As a result, the Company will not be held liable in any way for any unavailability or slowdown of the Application.
The Company cannot guarantee the continuity of the Application executed remotely via the Internet, which the User and the HORECA Establishments acknowledge.
The Users and the HORECA Establishments expressly agree that the Company shall also not be held liable for interruptions of the Application or for damages related to:
-a decision of the authorities or a case of force majeure as defined by article 1218 of the Civil Code and by jurisprudence;
-an interruption in the supply of electricity or transmission lines caused by public or private operators;
-abnormal or fraudulent use by the User, the HORECA Establishments or third parties, requiring the Application to be stopped for security reasons;
-an intrusion or fraudulent maintenance of a third party in the system, or the illicit extraction of data, despite the implementation of means of security in accordance with the current state of the art, with the Company only bearing an obligation of means with regard to known security techniques;
-the nature and content of the information and data created, transferred and/or communicated by the User and the HORECA Establishments. More generally, the Company may in no way be held liable for data, information, results or analyses from third parties, transmitted or received through the use of the Application, which infringe the rights of third parties or which violate in any way whatsoever the legislation in force;
-a loss or delay in the flow of information and data, when the Company is not the cause of this delay;
-the operation of the Internet network or telephone or cable Internet access networks not implemented by the Company;
-a failure of the hosting servers.
The role of the Company is limited to that of a simple intermediary between the Users and the HORECA Establishments.
The Company will dedicate its best efforts to providing the User with regular and updated information concerning the HORECA Establishments. Nevertheless, the Company shall not be held liable in the event of inaccuracy or falsity of the information provided by the HORECA Establishments, in particular about Events, promotions or the characteristics of the products offered by the latter.
The Company does not intervene in any way in the contractual relationship between the User and the HORECA Establishments and does not sell products.
Therefore, the Company shall not be held liable for any damage of any nature whatsoever which may be caused to the User or to the HORECA Establishments in the context of the relationship between the User and the HORECA Establishments.
In addition, the Company shall not be liable for defects relating to the quantity or quality of products ordered from the HORECA Establishments, nor for any delays in the delivery of the products ordered.
Any claim by the User in this respect must therefore be made directly to the HORECA Establishments concerned, which is solely responsible for the products sold.
The Company shall not be liable for any indirect damage or loss, loss of profit or anticipated savings, loss of income, loss of image, or prejudice not resulting directly and exclusively from a failure of the Application, nor for recourse by third parties.
In order to facilitate the notification of Content which may contravene these Terms and Conditions of Use, the Company provides Users and HORECA Establishments with a procedure for reporting illicit Content. The User may report illicit Content by simply contacting the Company at the following address email@example.com
In general, the responsibility for the Company shall not be held liable for direct or indirect damages of any kind resulting from the use of the Application by Users and the HORECA Establishments.
The User and the HORECA Establishments are solely liable for any damage of any kind, whether material or immaterial, direct or indirect, caused to any third party, including to the Company resulting from the illicit use or exploitation of the Application, regardless of the cause and place of occurrence of such damages.
The User and the HORECA Establishments warrant the Company against the consequences, claims or actions to which the Company may be subjected to.
The User and the HORECA Establishments waive the right to the exercise any recourse against the Company in the context of legal proceedings brought by a third party against it because of the illicit use or exploitation of the Application.
ARTICLE 11 UNSUBCRIBING
11.1 UNSUBSCRIPTION OF THE USER
The User may unsubscribe from the Application at any time by deleting their Account.
To do this, it is up to the User to connect to their Account and follow the un subscription procedure indicated by the Company
Once the User has unsubscribed, the Company shall delete the User's personal identification data.
However, the User is informed that the Content that they have published through the Application will remain online and will not be deleted unless the User expressly requests this.
11.2 UNSUBSCRIPTION OF THE HORECA ESTABLISHMENTS
The Establishments may at any time request their deletion from the application by writing to the Company, which will cancel their registration and delete the information and contents of the Establishment in the application.
ARTICLE 12 EARLY TERMINATION
Any serious breach by a Party of any of its obligations under this Contract which is not remedied within seven (7) days from the sending of a letter delivered against a receipt entitles the other Party to unilaterally invoke the automatic termination of this Contract without prejudice to any damages it may claim hereunder, and subject to compliance with the notice period mentioned above.
Termination of the Contract for any reason whatsoever entails the deletion (on the effective date of the termination) of all access to the Application. It is the responsibility of the User and the HORECA Establishments to take all the necessary measures to recover their data before cancelling their access to the Application.
Furthermore, the Company reserves the right to delete unilaterally and without prior notice any Account of a(n) User/HORECA Establishment which does not comply with these Terms and Conditions of Use and of an HORECA Establishment which has been the subject of one or more proven complaints by Users.
Such termination shall take effect immediately, without prior notice from the
ARTICLE 13 WAIVER AND TOLERANCE
It is formally agreed between the Parties that any tolerance or waiver by one of the Parties in the application of all or part of the commitments set out in these Terms and Conditions of Use, regardless of the frequency and duration thereof, shall not constitute a modification of this Contract nor generate any right whatsoever.
ARTICLE 14 ENTIRETY
The present Terms and Conditions of Use express the entirety of the obligations of the Parties. No indication or document may give rise to obligations hereunder unless it is the subject of a rider signed by both Parties.
ARTICLE 15 INDEPENDENCE
The Company and the HORECA Establishments are and will remain independent commercial partners throughout the duration of this Contract, with each assuming the risks of its own service.
Nothing contained herein shall be construed as conferring on either Party the status of employer, employee, representative, agent or proxy of the other Party for any purpose whatsoever.
It is also agreed that the Company has at no time and under no circumstances a mandate or power of attorney to commit or represent the HORECA Establishments and may not make any commitment in their name and on their behalf.
The Company undertakes not to do anything which may mislead any third party in this respect and not to make any commitment or offer any guarantee on behalf of the HORECA Establishments listed on the Application.
ARTICLE 16 PROOF
The computerized records maintained in the IT systems of the Company reasonable conditions of security will be considered as proof of communications, orders and payments between the Parties. These registers may be used as proof in the event of a dispute between the Parties.
ARTICLE 17 APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Use are subject to SOUTH AFRICAN law.
In addition, the language of these TCU is ENGLISH. If the TCU are translated into other foreign languages, only the French version shall be binding.
Should a dispute arise between the Parties as a result of the performance or interpretation of this Contract, the Parties undertake to submit to the amicable procedure set out below prior to any referral to the court with jurisdiction.
To this end, the most diligent Party shall refer the matter to the other Party by letter delivered against a receipt or by any other means in writing.
The deed of referral shall state the reason for the dispute and propose a date for a meeting of the Parties which shall not exceed three (3) working days from its receipt by the other Party.
In the absence of conciliation within thirty (30) calendar days from receipt of the referral document, the dispute shall be settled definitively by the Commercial Court of SOUTH AFRICA.