TERMS OF USE
BRANDY SPECIAL APPLICATION
1. NOTICE
THESE TERMS OF USE ARE IMPORTANT AND SHOULD BE READ CAREFULLY BECAUSE THEY CONTAIN PROVISIONS WHICH, MAY:
(a) LIMIT THE LIABILITY OF BRANDY SPECIAL PROPRIETARY LIMITED, REGISTRATION NUMBER 2024/158117/07 (“US”, “WE”, “BRANDY SPECIAL”);
(b) CREATE RISK OR LIABILITY FOR YOU, A USER OF THE APP;
(c) OBLIGE YOU TO INDEMNIFY BRANDY SPECIAL; AND/OR
(d) SERVE AS AN ACKNOWLEDGEMENT BY YOU OF CERTAIN FACTS.
2. Introduction
2.1. We provide the following services:
2.1.1. Compilation and dissemination of information pertaining to various businesses and their offerings, including their trading hours, location, their goods/services, menus, events, and special offers; and
2.1.2. Advertisement, promotion and/or marketing of businesses, their offerings and/or events.
2.2. Through an application made available to you in association with the trade mark BRANDY SPECIAL (“App”), we enable users of the App (each a “User”, “you”) to submit and receive information pertaining to these services.
2.3. The App is proprietary to us.
2.4. Use of the App automatically binds you unconditionally, and with immediate effect, to these terms and conditions of use, which include any policies made available through the App, including our Privacy Policy (collectively, “Terms“).
2.5. By using the App you warrant that you have read, understood and accept the Terms and you agree to and are bound by them, unconditionally.
2.6. If, in using the App, you are acting in:
2.6.1. your personal capacity or as a Competent Person for a person under the age of 18 (as contemplated in the Protection of Personal Information Act 4 of 2013), then you warrant that you are 18 years old or older and have the requisite capacity to agree to these Terms; and
2.6.2. your representative capacity for and on behalf of a juristic entity, such as a company or close corporation then you warrant that you are duly authorised to do so.
3. Application of these Terms
3.1 These terms:
3.1.1. may be varied and will supersede and substitute any previous terms and conditions of use of the App, and you will be informed of such variations and the date on which they will take effect, when using the App, prior to such variations being effective; and
3.1.2. apply to, and constitute the whole agreement between us in relation to the use of this App, including any access or reference to, viewing, uploading or downloading of, any information or material made available using the App, for any whatever purpose. Both of us waive the right to rely on any alleged provision not contained in these Terms to the fullest extent permissible in law and neither of us are bound by any representation, warranty or promise not expressly recorded in these Terms.
3.2. If you do not understand any of the Terms, you must stop using the App and ask us to explain it to you. If you do not agree to any of the Terms, you must stop using the App.
4.1. You agree that you will not interfere with, or attempt to interfere with the normal operation of the App or use the App for any unlawful purposes, including:
4.1.1. using a device or process to monitor, copy, distribute or modify the App or the information that is input, output, transmitted, uploaded, stored, retrieved, analysed, verified copies, published, made into compilations, displayed or disseminated (collectively “Processed”), by the App, unless specifically authorised by us;
4.1.2. mass download or creating bulk feeds of the information or content accessed using the App;
4.1.3. using the information and content Processed by the App to create or augment any other application or service that is a substitute for, or which is substantially similar to, the App;
4.1.4. using the App and the information and content Processed by the App, to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person or in any manner that is inappropriate, illegal, or in violation of any person’s rights;
4.1.5. impersonating any other person or using a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications;
4.1.6. collecting, harvesting or otherwise obtaining personal information relating to other users; or
4.1.7. displaying, publishing, copying, distributing, selling, leasing, or in any other way dealing with any portion of the App, or the information Processed by the App.
4.2. When the using the App, you may upload or otherwise submit information to us, or you may permit us to obtain certain information about you, such as your location and phone number. You acknowledge and agree that:
4.2.1. we are not obliged to verify, analyse, display or use any information submitted by Users of the App (but we may do so, at our discretion); and
4.2.2. we have the right to Process that information for the purposes indicated in our Privacy Policy.
5. App AVAILABILITY and disclaimerS
5.1. You may be required to provide certain information, which may include personal information, in order to input or access certain information using the App. We have taken reasonable steps to safeguard the privacy of personal information that may be provided by you when you use the App. Please refer to the Privacy Policy which explains how we process and use your personal information.
5.2. BRANDY SPECIAL DOES NOT MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RESPECT OF THE APP AND/OR ANY INFORMATION, DATA, MATERIAL AND/OR CONTENT ON THE APP AND/OR ANY SERVICE PROCESSED USING THE APP, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES:
5.2.1. THAT THE APP WILL REMAIN UNMODIFIED AND WILL BE AVAILABLE OR ACCESSIBLE BY YOU CONTINUOUSLY, UNINTERRUPTED AND/OR IN A FULLY OPERATING CONDITION;
5.2.2. THAT THE CONTENT ON THE APP WILL BE FREE FROM ERRORS OR OMISSIONS
5.2.3. THAT IT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY AND BRANDY SPECIAL EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY; AND
5.2.4. THAT ANY INFORMATION OR FILES PROCESSED BY THIS APP ARE FREE FROM VIRUSES, SPYWARE, MALWARE, TROJANS, TIME BOMBS, TIME-LOCKS OR OTHER HARMFUL MATERIAL, DATA OR CODE AND YOU ACCEPT ALL RISKS ASSOCIATED WITH THIS, EXCEPT WHERE SUCH RISK IS DUE TO THE GROSS NEGLIGENCE OR MISCONDUCT OF BRANDY SPECIAL.
5.3 BRANDY SPECIAL IS NOT LIABLE FOR ANY LOSS, CLAIM OR EXPENSE RELATING TO ANY ACTIONS, TRANSACTIONS OR CIRCUMSTANCES ARISING FROM OUR APP OR ANY ERROR OR OMISSION ON OUR APP, OTHER THAN WHERE SUCH LIABILITY ARISES FROM OUR GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OR THAT OF OUR EMPLOYEES, AGENTS OR AUTHORISED REPRESENTATIVES.
6. Intellectual Property Rights
6.1. For the purposes of this clause, the term “Intellectual Property” means any creation of the mind that is recognised and/or capable of being protected by law from use by any other person, whether in terms of South African law or foreign intellectual property law, and including, know-how, designs, inventions and trade marks, whether registered, registrable or the subject matter of an application for registration or not; and all statutory intellectual property, including all patents, design registrations, trade mark registrations, copyright works and copyright subsisting therein.
6.2. All Intellectual Property embodied in or associated with, the App and all material, information and content Processed by the App, are/is proprietary to, or are/is licensed to, Brandy Special, and:
6.2.1. such Intellectual Property is protected from infringement by local and international legislation and treaties; and
6.2.2. you have no right, title or interest in any such material and/or content and accordingly are not entitled to copy, reproduce, adapt, modify, disseminate, communicate or make available to the public such material and/or content, or do any of the aforementioned acts in relation to an adaptation or modification of such material/ content.
7. THIRD PARTY LINKS AND SERVICES IN APP
7.1 The App may contain links to the websites or other applications of third parties. Some of these may display, include or make available, content, data, information, applications, services or materials of third parties (collectively “Third Party Materials”). You acknowledge that there may be additional terms and conditions associated with the access and use of such Third Party Materials.
7.2 We do not warrant nor endorse Third Party Materials – we may provide links to Third Party Materials as a convenience to you. We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials.
7.3 THE ACCESS AND USE BY YOU OF THIRD PARTY MATERIALS, WILL BE AT YOUR OWN RISK AND WE SHALL NOT HAVE ANY LIABILITY TO YOU FOR THIRD PARTY MATERIALS FOUND TO BE DEFECTIVE, FAULTY, INACCURATE OR INCORRECT.
8. liability
TO THE FULLEST EXTENT PERMISSIBLE IN LAW, NEITHER BRANDY SPECIAL, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, AGENTS, CONSULTANTS OR EMPLOYEES SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER ARISING (WHETHER IN AN ACTION ARISING OUT OF CONTRACT, STATUTE, DELICT OR OTHERWISE) RELATED TO THE ACCESS TO AND/OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE APP AND/OR ANY LINKED APP OR SERVICE, THE CONTENT THEREOF, ANY FUNCTIONALITY THEREOF OR INFORMATION CONTAINED THEREIN.
If you have any complaints about any aspect of the App or if you have any questions or would otherwise like to communicate with us, you can contact us at [support@brandyspecial.com].
10. APPLICABLE LAW AND JURISDICTION
10.1. These Terms are governed, and shall be interpreted and implemented, by the laws of the Republic of South Africa.
10.2. in the event of a dispute between us, you consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa.
11. GENERAL
11.1. You are not entitled to cede, assign or otherwise transfer any of your rights or delegate any of your obligations under or arising from these Terms.
11.2. No extension of time, waiver, indulgence or relaxation of any of the provisions or terms of these Terms which either party may grant to the other shall operate as an estoppel against the grantor in respect of the grantor’s rights under these Terms, nor shall any such extension of time, waiver, indulgence or relaxation prejudice or constitute a waiver of the rights of the grantor who shall not thereby be precluded from exercising any rights against the other party strictly in accordance with this these Terms.