TERMS AND CONDITIONS FOR SPUR GROUP (PTY) LTD SOUTH AFRICA'S LOYALTY APP AND WEBSITE
The following provisions are drawn to the attention of the User to the extent that the Consumer Protection Act 68 of 2008 ("the CPA") applies to these Terms and Conditions: - clause D (including the fact, nature and effect of the limitation of liability contemplated therein); - clause E (including the fact, nature and effect of the indemnity contemplated therein).
1. These Terms and Conditions ("Terms and Conditions") apply in respect of the Spur Group (Pty) Ltd ("Spur Group") Imobile application (the "Spur Steak Ranches App") and the Spur Group Website (the "Website") (the Spur Steak Ranches App and the Website together, the "Services").
2. The Terms and Conditions must be read with Spur Group's Website terms and conditions ("Website Terms and Conditions"), which are available at www.spursteakranches.com/za . Please note that certain defined terms contained in the Website Terms and Conditions will be utilised in these Terms and Conditions. The terms "user", "you" and "your" are used interchangeably in these Terms and Conditions and refers to:
- a) any individual who uses the Spur Steak Ranches App from time to time (or intends using the Spur Steak Ranches App) and any individual who downloads the Spur Steak Ranches App.
- b) any visitor to the Spur Steak Ranches Website from time to time (or who anyone intends visiting the Spur Steak Ranches Website) including members of the public or legal entities accessing the Website for information purposes; members of the public or legal entities submitting advertisements, comments, files, images, videos, sounds, business listing and/or information and/or any other material or date ("Content"); web search engines; and data and/or information aggregators.
3. These Terms and Conditions and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and us and govern your use of the Services. This understanding and agreement supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
4. "Spur Group" means Spur Group (Pty) Ltd, registration number (Registration Number: 1999/011042/07), and any company related or inter-related to Spur Group (as contemplated in section 2 of the Companies Act No. 71 of 2008, a amended). All rights granted in favour of Spur Group in terms of this Agreement shall be deemed to be for the benefit of the Spur Group by way of a stipulation for the separate benefit of each company within the Spur Group, and such benefit may be accepted by any company within the Spur Group at any time after the date of execution hereof ( and the fact that any such benefits may not be enforceable by any one of such companies shall not affect its enforceability by Spur or any other company within the Spur Group).
5. Spur Group permits the use of the Spur Steak Ranches App and the Website subject to these Terms and Conditions, and by using the Spur Steak Ranches App or accessing the Website you shall be required to accept all the Terms and Conditions.
6. Please read these Terms and Conditions carefully and make sure you understand them before you use the Spur Steak Ranches App or the Website. Please do not download or use the Spur Steak Ranches App or access the Website if you do not agree to these Terms and Conditions.
7. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Spur Group in terms of the CPA.
8. Spur Group reserves the right to terminate or suspend the Spur Steak Ranches App with three months' notice, which notice will be recorded on our Website and such notice period will apply from date of such publication.
9. Spur Group reserves the right to change, on one month's notice, any of the terms and conditions (including benefits) of the Spur Steak Ranches App or Website. Any such change will be recorded on our Website and will apply from the effective date. The provisions hereof shall be deemed to be binding on the member.
10. Spur Group reserves the right to change any of these Terms and Conditions, which change will be recorded on our Website and will apply with immediate effect. Your continued use of the Website or the Spur Steak Ranches App will constitute an agreement to abide by the updated terms and conditions.
11. Notwithstanding anything to the contrary herein, we reserve the right to suspend or terminate a membership, block your email or IP address or otherwise terminate your access to or use of the Services (or any part thereof) immediately and without notice to you and to remove and discard any Content within the Services, for any reason. You agree that we will not be liable to you or any third party for termination of your access to the Website or the Spur Steak Ranches App. You also agree not to attempt to use the Services after such termination.
12. You always have the option to cancel your membership to the Spur Steak Ranches App at any time. If you are a member and no longer wish to participate, then please contact our Customer Care centre at +2786 000 7787 or [email protected]
B. ELIGIBILITY - SPUR STEAK RANCHES APP
1. There are limitations on who may download and use the Spur Steak Ranches App. You may not download the Spur Steak Ranches App if you are a minor (i.e. under the age of 18 (eighteen) years of age) or if you are not legally permitted to enter into binding agreement. A minor may not use the Spur Steak Ranches App unless the minor's parents or guardians have read these Terms and Conditions, agree to them on the minor's behalf and download the Spur Steak Ranches App on the minor's behalf.
2. Your account or membership is not transferable.
3. No persons who are employees of a Spur Group franchised restaurant may apply for membership of this programme.
4. Accounts can only be issued to natural persons.
5. You agree to provide accurate and correct information and promptly update any changes thereto.
6. By downloading the Spur Steak Ranches App, you hereby confirm and represent to Spur Group that:
- a) you have legal capacity to contract;
- b) you agree to these Terms and Conditions and agree to be bound by them; and
- c) if you are downloading the Spur Steak Ranches App on behalf of a minor as contemplated in clause B.1, you are the parents or legal guardians of the minor, you consent to the minor using the Spur Steak Ranches App on the terms and conditions contained herein, you are agreeing to these Terms and Conditions on behalf of yourself and the minor and you understand and agree that the limitation of liability and indemnity contained in these Terms and Conditions are duly binding on yourself and on the minor.
1. The Spur Steak Ranches App can be downloaded for free from the Apple Store or Google Play on a mobile device with an IOS 10.0 or Android 9.0 operating system and higher.
2. The Spur Steak Ranches Website can be visited at https://www.spursteakranches.c....
1. You hereby agree that your use of the Spur Steak Ranches App is at your own risk. To the maximum extent permitted in law, neither Spur Group, nor its Related Parties, nor any persons related or inter-related (as contemplated in section 2 of the Companies Act 71 of 2008 (as amended) to Spur Group or its Related Parties, nor any of their respective directors, prescribed officers, managers, employees, agents, franchisees, or other persons in respect of whose actions Spur Group may be held to be vicariously liable or anyone associated with any of them (collectively, " Spur Group Parties"), shall incur any liability to any person for any injury, claim, loss or damage of any nature whatsoever, whether direct, indirect, consequential or otherwise, whatsoever or howsoever arising from your use or misuse of, or reliance upon the Spur Steak Ranches App, or as a result of, or arising from any defects in the Spur Steak Ranches App or otherwise. To the extent necessary in law the provisions of this clause D shall constitute a stipulatio alteri (i.e. a contract in favour of a third party) in favour of the Spur Group Parties, the benefit whereof may be accepted by any or all of them at any time, from time to time.
2. The Website and the Content available through the Website may contain links to third-party websites ('Third-Party Websites") completely unrelated to us or our Services. If you link to Third=Party Websites, you may be subject to the terms and conditions and other policies of those Third-Party Websites. We do not endorse any Content displayed on any Third-Party Website.
1. You indemnify the Spur Group Parties from any liability for any injury, claim, loss or damage of any nature whatsoever, whether direct, indirect, consequential or otherwise arising from:
- a) your use of and access to the Website and/or the Spur Steak Ranches App and/or any linked external sites;
- b) your violation of any terms of these Terms and Conditions;
- c) your violation of any third-party right, including, without limitation, any copyright, trade mark, trade secret, or other property or privacy right; or
- d) any claim that your Content caused damage to a third party.
2. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and Conditions and your use of the Services.
1. The Spur Steak Ranches App offers, inter alia, the following goods and services:
- a) Earning of Loyalty Points;
- b) Redemption of Vouchers, Coupons and/or Special Offers; and
- c) Customer discounts.
2. Vouchers may only be redeemed by the registered profile member i.e., the holder of the account.
3. Vouchers are considered a discount and therefore cannot be exchanged for cash or used to tip the waitron.
G. PRIVACY AND INFORMATION
1. The following sections G - O contain our External Privacy Statement ("Statement") which sets out how your personal information will be used by Spur Group and applies to any information, including personal and special personal information, you give to Spur or which Spur may collect from third parties.
2. This Statement must be read in conjunction with any applicable provisions of the Spur Group Website Terms and Conditions relating to privacy, data collection, data protection, use and disclosure of personal information and any applicable law, including the Protection of Personal Information Act No 4 of 2013.
3. It is important that you read this section carefully before submitting any personal information to Spur Group.
4. By submitting any personal information to Spur Group you provide unconditional, voluntary and express consent to the processing of your personal information as set out in this Statement.
5. The provisions of this Statement are subject to mandatory, unalterable provisions of Applicable Laws.
6. Please do not submit any personal information to Spur if you do not agree to any of the provisions of these Terms and Conditions. If you do not consent to the provisions of this section, the Terms and Conditions, or parts thereof, Spur Group may not be able to provide its products and services to you.
H. AMENDMENT OF THE EXTERNAL PRIVACY STATEMENT
1. We may amend the Statement from time to time for any of the following reasons:
- a) to provide for the introduction of new systems, methods of operation, services, products or facilities;
- b) to comply with changes to any legal or regulatory requirement;
- c) to ensure that our Statement is clearer and more favourable to you;
- d) to rectify any mistake that may be discovered from time to time; and/or
- e) for any other reason which Spur, in its sole discretion, may deem reasonable or necessary.
2. Any such amendment will come into effect and become part of any agreement you have with Spur Group when notice is given to you of the change by publication on our Website or on the Spur Steak Ranches App. It is your responsibility to check the Website and the Spur Steak Ranches App often. Your continued use of the Website or the Spur Steak Ranches App will constitute an agreement to abide by the updated Statement.
I. PRIVACY INDEMNITY
1. Spur Group takes your privacy and the protection of your personal information very seriously, and we will only use your personal information in accordance with the External Privacy Statement and applicable data protection legislation. It is important that you take all necessary and appropriate steps to protect your personal information yourself (for example, by ensuring that all passwords and access codes are kept secure).
2. We have implemented reasonable technical and operational measures to keep your personal information secure.
3. You hereby indemnify and hold Spur Group harmless from any loss, damages or injury that you may incur as a result of any unintentional disclosures of your personal information to unauthorised persons or the provision of incorrect or incomplete personal information to Spur.
J. INFORMATION WHICH WE MAY COLLECT ABOUT YOU
1. We may collect the following information about you, and this information may include:
- a) your name, address, contact details, date of birth, identity number, passport number;
- b) records of correspondence or enquiries from you or anyone acting on your behalf;
- c) details of transactions you carry our with us;
- d) details of contracts, or sales you carry out with us; and
- e) sensitive or special categories of personal information, including biometric information, such as images, fingerprints and voiceprints.
2. Where you provide us with the personal information of third parties you should take steps to inform the third party that you need to disclose their details to us, identifying us. We will process their personal information in accordance with this Statement.
K. USE OF INFORMATION COLLECTED
1. We may use, transfer and disclose your personal information for the purpose of:
- a) providing you with the services, products or offerings you have requested, and notifying you about important changes to these services, products or offerings;
- b) managing your account or relationship and complying with your instructions or requests;
- c) detecting and preventing fraud and money laundering and/or in the interest of security and crime prevention;
- d) assessing and dealing with complaints and requests;
- e) operational, marketing, auditing, legal and record keeping requirements;
- f) verifying your identity or the identity of your beneficial owner;
- g) transferring or processing your personal information outside of the Republic of South Africa to such countries that may not offer the same level of data protection as the Republic of South Africa, including cloud storage purposes and the use of any of our websites;
- h) complying with Applicable Laws, including lawful requests for the information received from local or foreign law enforcement, government and tax collection agencies;
- i) recording and/or monitoring your telephone calls and electronic communication to/with Spur in order to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention;
- j) conducting market research and providing you with information about our products or services from time to time via email, telephone or other means (for example, events);
- k) where you have unsubscribed from certain direct marketing communications, ensuring that we do not send such direct marketing to you again;
- l) disclosing your personal information to third parties for reasons set out in this Statement or where it is not unlawful to you so;
- m) monitoring, keeping record of and having access to all forms of correspondence or communications received by or sent from Spur or any of its employees, agents or contractors, including monitoring, recording and using as evidence all telephone communications between you and Spur; and
- n) improving or evaluating the effectiveness of our business or products, services or offerings.
2. We may from time to time contact you about services, products and offerings available from Spur or specific subsidiaries which we believe may be of interest to you, by email, phone, text or other electronic means, unless you have unsubscribed from receiving such communications. You can unsubscribe from receiving such communications. The Spur Group website and/or App may be co-branded with brands belonging to Spur Group such as Spur Steak Ranches and/or John Dory's, and/or Panarottis and/or Hussar Grill, and/or Casa Bella and/or RocoMamas.
M. RETENTION OF YOUR INFORMATION
We may retain your personal information indefinitely, unless you object, in which case we will only retain it if we are permitted or required to do so in terms of Applicable Laws. However, as a general rule, we will retain your information in accordance with the retention periods set out in Applicable Laws, unless we need to retain it for longer for a lawful purpose. (For example, for the purposes of complaints handling, legal processes and proceedings.)
N. ACCESS TO, CORRECTION AND DELETION OF YOUR PERSONAL INFORMATION
1. You may request details of personal information which we hold about you under the Promotion of Access to Information Act, 2000 ("PAIA") read with the Protection of Personal Information Act. Fees to obtain a copy or a description of personal information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold personal information about you may be requested free of charge.
2. You may request the correction, destruction of, or deletion of personal information Spur holds about you. Please ensure that the information we hold about you is complete, accurate and up too date. If you fail to keep your information updated, or if your information is incorrect, Spur may limit the products and services offered to you or elect not to open the account.
3. Members updating their details that are registered for more that one of the Spur Group Loyalty programmes may update their details across the Spur Group loyalty programmes.
4. You have a right to object on reasonable grounds to the processing of your personal information where the processing is carried out to protect our legitimate interests or your legitimate interests, unless the law provides for such processing.
1. Should you believe that Spur Group has utilised your personal information contrary to Applicable Laws, you undertake to first attempt to resolve any concerns with us.
2. If you are not satisfied with such process, you may have the right to lodge a complaint with the Information Regulator, using the contact details below:
Tel: 012 406 4818
Fax: 086 500 3351
Email: [email protected]
3. Unethical activity may be anonymously reported to our independent ethics hotline provider, Whistle Blowers (Pty) Limited, via their toll-free phone number 0800 447 464 and email address [email protected]
P. SUBMISSION OF CONTENT
1. If you submit any Content to us, you expressly agree not to post, email, or otherwise make available Content:
- a) that violates any law;
- b) that is copyrighted, patented, protected by trade secret or trade mark, or otherwise subject to third-party propriety rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a licence from their rightful owner to post the material and to grant us al the licence rights granted under these Terms and Conditions by the owner;
- c) that infringes any of the foregoing intellectual property rights of any party or that you do not have a right to make available under any law or under any contractual or fiduciary relationship;
- d) that is harmful, abusive, unlawful, threatening, harassing, defamatory, pornographic, libellous, or invasive of another's privacy or other rights, or that harms or could harm minors in any way;
- e) that harasses, degrades, intimidates or is hateful towards an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- f) that violates any employment laws including those prohibiting the stating, n any advertisement for employment, of a preference or requirement based on race, colour, religion, sex, national origin, age or disability of the applicant;
- g) that includes personal or identifying information about another person, without that person's explicit consent;
- h) that impersonates any person or entity, including any of our employees, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- i) that is false, deceptive, misleading, deceitful or constitutes a "bait and switch" offer;
- j) that constitutes a "pyramid scheme", a "affiliate marketing", a "link referral code", "junk mail", "spam", a "chain letter" or an unsolicited advertisement of a commercial nature;
- k) that constitutes or contains any form of advertising or solicitation including any form of advertising or solicitation that is
- l) posted in areas or categories of the Website which are not designated for such purposes; or
- m) e-mailed to users who have requested not to be contact about other services, products or commercial interests;
- n) that includes links to commercial services or Third-Party Websites, except as specifically allowed by us;
- o) that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by Applicable Law;
- p) that contains software viruses or any other computer code, file, program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- q) that disrupts the normal flow of dialogue, with an excessive number of messages (flooding attack) to the Services or that otherwise negatively effects other users' ability to use the Services; or
- r) that employs misleading e-mail addresses or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services.
2. Additionally, you agree not to:
- a) contact anyone who has asked not to be contacted, make unsolicited contact with anyone for any commercial purpose, or "stalk" or otherwise harass anyone;
- b) make any libellous or defamatory comments or postings to or against anyone;
- c) collect Personal Information (as defined in the External Privacy Statement) or data about other users or entities for commercial or unlawful purposes;
- d) attempt to gain unauthorised access to computer systems owned or controlled by us, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Spur Steak Ranches App or the Website;
- e) use any for of automated device or computer program ("flagging tool" or "automated flagging device") that enables the use of our "flagging system" or other community control systems without each flag's being manually entered by a human who initiates the flag, or use any such flagging tool to remove the posts of competitors or other third parties, or remove a post without a reasonable good-faith belief that the post being flagged violates these Terms and Conditions or any applicable law or regulation; and
- f) use any automated device or software that enables the submission of automatic postings on the Website without human intervention or authorship (an 'automated posting device').
3. We reserve the right to remove any Content without prior notice.
4. Furthermore, by posting Content to any public area of the Website, you agree to and do hereby grant us all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on the Services or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive licence to access your Content through the Website. The foregoing licence granted by you to each user terminates when you remove or delete such Content from the Website.
Q. INTELLECTUAL PROPERTY
1. Save for the limited license granted in terms of clause R2 hereunder, Spur Group retains all right, title and interest in and to the Spur Steak Ranches App and Website, which includes all content, services and functionality associated with the Spur Steak Ranches App and Website. The contents of the Spur Steak Ranches App and Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in Spur Steak Ranches App and Website ("App and Website Content") are protected by law, including but not limited to copyright and trade mark law. The App and Website Content is the property of the Spur Group its advertisers and/or sponsors and/or is licensed to the Spur Group.
2. Subject to your compliance with these Terms and Conditions, Spur Group hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to download, install and use the Spur Steak Ranches App on a mobile device solely for your own personal, non-commercial purposes.
3. You hereby acknowledge that your right to download and use the Spur Steak Ranches App is derived solely from Spur Group and is conditional upon your proper conduct, safe use of the Spur Steak Ranches App and compliance with these Terms and Conditions at all times. Spur Group reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Spur Steak Ranches App.
4. You are not entitled to:
- a) copy, reproduce, modify, alter, create derivative works of, sell, reverse engineer, decompile, redistribute or disassemble the Spur Steak Ranches App, App and Website Content or any part thereof; or
- b) sub-license, assign, transfer, or in any manner give or grant or transfer, directly or indirectly, any rights granted in terms of these Terms and Conditions to any third party.
5. The limited license granted to you in terms of this clause R will be revoked (with or without notice) and ineffective if you:
- a) are a minor and your parents or guardians have not read these Terms and Conditions, agreed to them on your behalf and downloaded the Spur Steak Ranches App on your behalf in accordance with the provisions of clause B;
- b) engage in any act that Spur Group deems to be in conflict with the spirit or intent of these Terms and Conditions, the Website Terms and Conditions or the Promotional Material including, but not limited to, circumventing or manipulating these Terms and Conditions, the Website Terms and Conditions or the Promotional Material; or
- c) fail to comply with any of the provisions of these Terms and Conditions
6. Where any of the Spur Steak Ranches App or Website Content has been licensed to Spur Group or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.
R. NO WARRANTIES
1. You expressly agree and acknowledge that the Spur Steak Ranches App, the Website and the Services are provided to you " as is" without warranty of any kind. Spur Group hereby disclaims all warranties, either express or implied, to the maximum extent permitted by law.
2. To the fullest extent permitted by law Spur Group, its affiliates, subsidiaries, officers, directors, service providers, suppliers, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. We make no warranties or representations about the accuracy or completeness of the website's content or the content of any Third-Party Website linked to the Website and assume no liability or responsibility for any:
- a) errors, mistakes or inaccuracies in the Content;
- b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and Services;
- c) unauthorised access to or use of our servers and/or any personal and/or financial information stored therein;
- d) interruption or cession of transmission to or from the Website;
- e) bugs. viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party; or
- f) errors or omissions in any Content or loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, communicated, transmitted or otherwise made available via the Website or the Services.
- g) Spur Group does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website featured in any banner or other advertising, and we will not be a party to or in any way responsible for the monitoring of any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise appropriate caution.
S. SECRET TRIBE
To ensure your kids get the best out of the wonderful and exciting Secret Tribe membership, the following is applicable:
1. All children aged 0 - 12 years old are eligible for Secret Tribe membership and can be added to a parent/guardian Family Club Profile.
2. If linked to their parent/guardian's Family Club Profile, children aged o-12 years old shall receive 1 (one) free 250ml Fountain Soda with every meal ordered from the Kid's Menu. This does not apply to the Kid's Menu Burger Combo, Birthday Combo or desserts.
3. Once a child turns 13 years old, their Secret Tribe membership will automatically be deactivated.
4. All Secret Tribe members must be linked to a Family Club Profile.
5. Secret Tribe Birthday Meal Vouchers are only redeemable when the Secret Tribe member is present at the restaurant at time of the redemption.
6. The Secret Tribe Birthday Voucher issued to the child, is valid for 3 months from the birthday date. You may terminate your membership at any time.
7. Secret Tribe Meal vouchers are only valid for the Kids menu items.
8. Secret Tribe meal vouchers will be redeemable for sit down or call & collect and are not valid for use on any third party delivery vendors like Mr D Food or Uber Eats SA.
9. Redemption of Secret Tribe birthday vouchers for call and collect orders require the presence of the relevant birthday child.
10. Any abuse of the Secret Tribe Club whatsoever constitutes an offence and/or fraud and Spur reserves the right to cancel such person's membership.
11. Spur Group reserves the right to alter or amend the conditions or operation of the Secret Tribe, or to terminate the club at any time, with one month's notice which will be published on its Website.
12. Spur Group shall be entitled to sell, cede, assign, delegate or in any way alienate or dispose of any or all of its rights and obligations pertaining to the Secret Tribe, without your prior approval.
13. Spur Group reserves the right to decline, issue and withdraw a Secret Tribe membership at any time and at its sole discretion.
14. You acknowledge that any information supplied to Spur Group in terms of these Terms and Conditions is provided voluntarily to Spur Group.
15. By submitting any information to Spur Group in any form you further acknowledge that such conduct constitutes an unconditional, specific and voluntary consent to the processing (including storage) of such information by Spur in terms of these Terms and Conditions and/or under any applicable law in the manner contemplated above, which consent shall, in the absence of any written objection received from you, be indefinite and/or for the period otherwise required in terms of any applicable law.
1. These Terms and Conditions shall comply with, and will be subject to, any peremptory provisions of the CPA and the regulations promulgated thereunder, which are deemed to be incorporated herein ("Peremptory Provisions"). In the event of any conflict between these Terms and Conditions and the Peremptory Provisions, the latter shall prevail. Furthermore, no term or condition of these Terms and Conditions is intended to breach any Peremptory Provisions.
2. These Terms and Conditions, together with any terms and conditions appearing in the Website Terms and Conditions or in any Promotional Material, contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in these Terms and Conditions (including clause S.1 above) no alteration, cancellation, variation of, or addition hereto will be of any force or effect.
3. Each sentence, paragraph, term, clause and provision of these Terms and Conditions and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation ( including, without limitation, the CPA and any Regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto. If any provision of these Terms and Conditions is found by any Court to be unfair as contemplated in Regulation 44 to the CPA, then that provision will apply to the maximum extent permitted under the CPA and will further be governed by the provisions of this clause S.4 mutatis mutandis.
4. Your access and/or use of the Spur Steak Ranches App or Website, and the operation of these Terms and Conditions, shall be governed by and construed in accordance with the laws of the Republic of South Africa.
5. The Spur Steak Ranches App and Website shall operate indefinitely. Spur Group may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Spur Steak Ranches App or the user's right to use the Spur Steak Ranches App or any of its contents.
6. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
7. Any failure on the part of you or Spur Group to enforce any right in terms hereof shall not constitute a waiver of that right.
8. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
9. No indulgence, extension of time, relaxation or latitude which any party (the "grantor") may show grant or allow to the other ("the grantee") shall constitute a waiver by the grantor of any of the grantor's rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
2. You can review, delete, correct and revise your personal profile, including who has access to your personal profile in your account at any time or contact us for assistance via email to [email protected] requests of this nature will be completed within 30 days.
V. SECURITY AND CONFIDENTIALITY
1. The security of your personal information depends on your protection of your account password. Please do not disclose your account to unauthorised people. Spur Group uses industry standard technology designed to help keep your personal information safe. Please bear in mind though, that it is impossible for Spur Group to guarantee that impenetrable security measures are in place. For example, we cannot control any illegal and/or unforeseen activity of other users that may allow them to get around the privacy or security settings on Spur Steak Ranches website. Consequently, you acknowledge that there are circumstances in which your personal information may be accessed by unauthorised persons. We limit access to your personal information only to employees who we believe need to come into contact with that information in order to do their jobs in connection with the service we provide. If you become aware of any breach of data security or have any other questions about the security of our website, please contact us via our Customer Care centre at +2786 000 7787 or [email protected]
2. You can review, delete, correct and revise your personal profile, including who has access to your personal profile in your account at any time or contact us for assistance via email to [email protected]; requests of this nature will be completed within 30 days.
W. SUPPLIER'S INFORMATION PROVIDED IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 (ECT Act)
1. For the purposes of the ECT Act, Spur Group's information is as follows, which should be read in conjunction with its other terms and conditions contained on the Spur Group Website:
- a) Full name and legal status: Spur Group Proprietary Limited, a private company duly incorporated under the laws of the Republic of South Africa;
- b) Physical address for receipt of legal service: 14 Edison Way, Century Gate Business Park, Century City, 7441;
- c) Telephone number: +27 (0)21 555 5100;
- d) Website address and e-mail address: https://www.spursteakranches.c... [email protected]; and
- e) any code of conduct to which that supplier subscribes and how that code of conduct may be accessed electronically by the consumer.
1. Refer to the Apple Media Services Terms and Conditions and Google Play Terms of Service ("Apple and Google Play's Terms and Conditions").
2. Any reference to Apple and Google Play's Terms and Conditions are deemed, to the extent necessary in law, to be incorporated herein.
2. INFORMATION WE COLLECT AND RECEIVE
We collect and receive information about you in the following ways:
2.1. Information provided by you. We may collect personal information (that is information about you
that is personally identifiable like your name, address, gender, e-mail address, physical
address, phone number(s) and other unique information such as product and service
preferences and contact preferences that are not otherwise publicly available) to the extent
that you provide us with same; and
2.2. Information that is collected automatically. We receive and store information which is transmitted
automatically and this information includes information from cookies, your Internet Protocol
(“IP”) address, browser type, web beacons (which are electronic files that allow a web site to
count users who have visited that page or to access certain cookies), embedded web links,
and other commonly used information- gathering tools.
2.3. Information you give us
This includes any information that you provide to us directly:
2.3.1. when you sign-up to utilise our services;
2.3.2. by filling in forms on our websites, or those provided to you;
2.3.3. when you enter a competition, promotion or complete a survey;
2.3.4. by posting comments or content on our social media pages; or
2.3.5. when you contact us or we contact you and you provide information directly to
2.4. What personal information we collect
2.4.1. When you register to use our services, you may be required to provide us with the
following information, your:
22.214.171.124. name and surname;
126.96.36.199. contact number and email address;
188.8.131.52. physical address;
184.108.40.206. identity or passport number; and 220.127.116.11.
date of birth.
2.5. Information we collect or receive when you use our website or social media platforms
We collect information when you use websites or social media platforms by using cookies,
web beacons and other technologies. Depending on how you access and use websites, we
2.5.1. log information;
2.5.2. information we infer about you based on your interaction with products and
2.5.3. device information (for example the type of device you're using, how you access
platforms, your browser or operating system and your Internet Protocol ("IP")
2.5.4. location information.
2.6. Information from third-party sources
We may receive additional information about you that is publicly or commercially available and
combine that with the information we have collected or received about you in in other ways.
3. HOW WE USE THE INFORMATION WE COLLECT AND RECEIVE
We use the information we collect and receive for the following general purposes:
3.1. to provide you with information, products or services you request from us;
3.2. in order to refer you to an appropriate third-party service provider;
3.3. to communicate with you;
3.4. to provide you with support; and
3.5. to provide effective advertising (for example to be provide you with news, special offers and
general information about other goods, services and events which we offer, that are similar to
those that you have already hired or enquired about).
4. HOW WE SHARE THE INFORMATION WE COLLECT AND RECEIVE
4.1. We don’t sell your personal information to third parties for their marketing purposes.
4.2. We may share information with:
4.2.1. our affiliates, in other words, other companies in our group;
4.2.2. we may disclose your personal information to a limited number of our employees and
third party service providers (other than those who we refer you to), who we assist
you to interact with;
4.2.3. our business partners. We may share non-personally identifiable information with select
4.2.4. other parties in response to legal process or when necessary to conduct or protect our
4.2.5. companies that provide services to us. Companies that provide services to us or act on
our behalf may have access to information about you. These companies are
limited in their ability to use information they receive in the course of providing
services to us or you; and
4.2.6. third-parties where you provide consent. In some cases, third-parties (often advertisers)
may wish to attain information about you in order to promote their products to
you, or for whatever other reason. We may share information with third-parties
where you provide consent in the form of an explicit opt-in. Before we ask you to
opt-in, we will endeavour to provide you with a clear description of what data
would be shared with the third-party. Remember that once you have opted in to
allow us to send your information to the third-party, we cannot control what they
do with your data; therefore, be sure to investigate their privacy policies before
providing permission for us to share your information.
5. YOUR RIGHTS
5.1. You have the right to ask us not to contact you for marketing purposes. You can exercise this
right at any time by using any of the various "opt-out" options that we will always provide to
you when we communicate with you. We won’t send you marketing messages if you tell us
not to but we will still need to send you service-related messages.
5.3. We want to make sure that any data we hold about you is up to date. So, if you think your personal
information is inaccurate, you can ask us to correct or remove it.
6. RETENTION OF DATA
We will retain your personal information only for as long as is necessary for the purposes set out in
agreements and policies.
7. OUR COMMITMENT TO SECURITY
The security of your data is important to us. While we strive to use commercially acceptable means to
protect your personal information, we cannot guarantee its absolute security. However, we do employ
a number of safeguards intended to mitigate the risk of unauthorized access or disclosure of your
information. We will do our best to protect your personal information and we will use up to date
technology that will help us to do this. We will at all times comply with our obligation under applicable
8. TRANSFER OF DATA
8.1. We are based in and operate from South Africa. Your information, including personal information,
may be transferred to and maintained on servers located outside of your country of residence,
where the data privacy laws, regulations and standards, may not be equivalent to the laws in
your country of residence.
8.2. We might transfer your personal information to places outside of South Africa and store it there,
where our suppliers might process it. If that happens, your personal information will only be
transferred to and stored in country that has equivalent, or better, data protection legislation
than South Africa or with a service provider which is subject to an agreement requiring it to
comply with data protection requirements equivalent or better than those applicable in South
8.3. Your use of our website, followed by your submission of information to us, represents your consent
to such transfer.
8.4. We will take all steps reasonably necessary to ensure that your data is treated securely and in
9. LINKS TO OTHER WEBSITES
Our website or social media platforms may contain links to and from websites, mobile applications or
services of third parties, advertisers or affiliates. Please note that we are not responsible for the privacy
practices of such other parties and advise you to read the privacy statements of each website you visit
which collects personal information.
policy will be posted on our website and will be effective from the date of posting.
11. ACCESS TO YOUR PERSONAL INFORMATION
11.1. You may at any time request:
11.1.1. confirmation that we hold your personal information;
11.1.2. access to your personal information;
11.1.3. the identities or categories of third parties to whom we have disclosed your personal
11.1.4. that we correct or delete any personal information that is incomplete, misleading,
inaccurate, excessive or out of date.
11.2. Requests may be made in writing to [email protected]
1 WHAT ARE COOKIES AND WHY DO WE USE THEM?
“Cookies” are small text files used by us to recognise repeat users, facilitate your on-going
access to and use of our website and allow us to track your usage behaviour and compile
aggregate data that will allow us to improve the functionality of our website and content. “Web
beacons” are small, clear picture files used to follow your movements on our website. For
example, storing your preferred settings for the next time you visit.
1.2. The information we collect from cookies enables us to:
1.2.1. tailor our websites to your personal needs;
1.2.2. remember the notifications that you have been shown, so that you are not shown
1.2.3. help us find information once you have logged in;
1.2.4. help us link your browsing information to you and your personal information, for
example, when you choose to register for a service;
1.2.5. make improvements and updates to our websites based on the way you want to
use them; and
1.3. The type of information collected by cookies is not used to personally identify you.
2. WHAT KIND OF COOKIES DO WE USE?
We use the following categories of cookies:
2.1. Category 1: necessary cookies
Necessary cookies enable you to use our websites and all its features, such as enabling
access to secure areas of the website. Without these cookies you may not be able to use all
the features of our websites.
2.2. Category 2: performance cookies
Performance cookies collect information about how you use our websites so we can improve
them for you in future. For example, they collect information on which pages you visit most
often and any error messages you may get. The information collected by these cookies is
anonymous. They do not collect any information that can identify you personally.
2.3. Category 3: functionality cookies
Functionality cookies enable us to provide you with a more personalized experience. They
help us to remember data, such as your username and language preference, to save you
having to enter them again the next time you visit. The information these cookies collect is
anonymous. They cannot track your browsing activity on other websites.
2.4. Category 4: targeting/advertising cookies
We and our service providers may use advertising cookies to deliver ads that we believe are
relevant to you and your interests. For example, we may use targeting or advertising cookies
to customize the advertising and content you receive on our websites, to limit the number of
times you see the same ad on our websites and to help measure the effectiveness of our
2.5. Category 5: social media cookies
Our websites use third-party cookies from social media sites such as Facebook, Twitter and
LinkedIn to enable in-depth campaign reporting and to track social network users when they
visit our websites, by using a tagging mechanism provided by those social networks. These
cookies can also be used for event tracking and remarketing purposes. Any data collected
privacy policies. Our websites will not collect or store any personally identifiable information
from the user.
3. HOW CAN YOU MANAGE YOUR COOKIE SETTINGS?
3.1. To ensure you get the best possible experience when visiting our websites, we recommend
that you accept cookies. However, you can opt-out of each cookie category (except strictly
necessary cookies) by clicking on the “cookie settings” button or disable cookies in your web
3.2. Cookies may, however, be necessary to provide you with certain features available on our
website. If you disable cookies you may not be able to use these features, and your access
to our website will be limited.
External Privacy Statement
1.1. For purposes of this Statement:
1.1.1. “Applicable Laws” means all laws, regulations that Spur is required to comply with;
1.1.2. “Client” or “you” means any prospective, new or existing client of Spur and its subsidiaries; and
1.1.3. “Spur” or “we” or “us” means the Spur Group Proprietary Limited its direct and indirect subsidiaries. To obtain more information on these subsidiaries please refer to www.spurcorporation.com
1.2. This Statement sets out how your personal information will be used by Spur and applies to any information, including personal and special personal information, you give to Spur or which Spur may collect from third parties.
1.3. It is important that you read this Statement carefully before submitting any personal information to Spur.
1.4. By submitting any personal information to Spur you provide consent to the processing of your personal information as set out in this Statement]
1.5. The provisions of this Statement are subject to mandatory, unalterable provisions of Applicable Laws;
1.6. Please do not submit any personal information to Spur if you do not agree to any of the provisions of this Statement. If you do not consent to the provisions of this Statement, or parts of the Statement, Spur may not be able to provide its products and services to you.
2. HOW TO CONTACT US
If you have any comments or questions about this Statement, please contact the Information Officer; Designated Information Officer: Duane Starkey
Email address: [email protected]
Postal address: PO Box 166, Century City 7446
Street address: 14 Edison Way, Century Gate Business Park, Century City 7441 Phone number: 021 555 5100
3. AMENDMENT OF THIS STATEMENT
3.1. We may amend this Statement from time to time for any of the following reasons:
3.1.1. to provide for the introduction of new systems, methods of operation, services, products or facilities;
3.1.2. to comply with changes to any legal or regulatory requirement;
3.1.3. to ensure that our Statement is clearer and more favourable to you;
3.1.4. to rectify any mistake that may be discovered from time to time; and/or
3.1.5. for any other reason which Spur, in its sole discretion, may deem reasonable or necessary.
3.2. Any such amendment will come into effect and become part of any agreement you have with Spur when notice is given to you of the change by publication on our website. It is your responsibility to check the website often.
4. PRIVACY AND INDEMNITY
4.1. Spur takes your privacy and the protection of your personal information very seriously, and we will only use your personal information in accordance with this Statement and applicable data protection legislation. It is important that you take all necessary and appropriate steps to protect your personal information yourself (for example, by ensuring that all passwords and access codes are kept secure).
4.2. We have implemented reasonable technical and operational measures to keep your personal information secure.
4.3. You hereby indemnify and hold Spur harmless from any loss, damages or injury that you may incur as a result of any unintentional disclosures of your personal information to unauthorised persons or the provision of incorrect or incomplete personal information to Spur.
5. INFORMATION WHICH WE MAY COLLECT ABOUT YOU
5.1. We may collect the following information about you:
5.1.1. this information may include your name, address, contact details, date of birth, place of birth, identity number, passport number, bank details, details about your employment, tax number and financial information;
5.1.2. records of correspondence or enquiries from you or anyone acting on your behalf;
5.1.3. details of transactions you carry out with us;
5.1.4. details of contracts, sales or leases you carry out with us;
5.1.5. sensitive or special categories of personal information, including biometric information, such as images, fingerprints and voiceprints.
5.2. Where you provide us with the personal information of third parties you should take steps to inform the third party that you need to disclose their details to us, identifying us. We will process their personal information in accordance with this Statement.
6. HOW WE COLLECT INFORMATION
6.1. You may provide personal information to us either directly or indirectly (through an agent acting on your behalf, or an introducer), by completing an application for our products and services or requesting further information about our products and services, whether in writing, through our website, over the telephone or any other means.
6.2. We may also collect your personal information from your appointed agent, any regulator, or other third party that may hold such information.
7. USE OF INFORMATION COLLECTED
7.1. We may use, transfer and disclose your personal information for the purposes of:
7.1.1. providing you with the services, products or offerings you have requested, and notifying you about important changes to these services, products or offerings;
7.1.2. managing your account or relationship and complying with your instructions or requests;
7.1.3. detecting and preventing fraud and money laundering and/or in the interest of security and crime prevention;
7.1.4. assessing and dealing with complaints and requests;
7.1.5. operational, marketing, auditing, legal and record keeping requirements; 7.1.6. verifying your identity or the identify of your beneficial owner;
7.1.7. transferring or processing your personal information outside of the Republic of South Africa to such countries that may not offer the same level of data protection as the Republic of South Africa, including for cloud storage purposes and the use of any of our websites;
7.1.8. complying with Applicable Laws, including lawful requests for information received from local or foreign law enforcement, government and tax collection agencies;
7.1.9. recording and/or monitoring your telephone calls and electronic communications to/with Spur in order to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention;
7.1.10. conducting market research and providing you with information about our products or services from time to time via email, telephone or other means (for example, events);
7.1.11. where you have unsubscribed from certain direct marketing communications, ensuring that we do not send such direct marketing to you again;
7.1.12. disclosing your personal information to third parties for reasons set out in this Statement or where it is not unlawful to do so;
7.1.13. monitoring, keeping record of and having access to all forms of correspondence or communications received by or sent from Spur or any of its employees, agents or contractors, including monitoring, recording and using as evidence all telephone communications between you and Spur; and
7.1.14. improving or evaluating the effectiveness of our business or products, services or offerings.
7.2. We may from time to time contact you about services, products and offerings available from Spur or specific subsidiaries which we believe may be of interest to you, by email, phone, text or other electronic means, unless you have unsubscribed from receiving such communications. You can unsubscribe from receiving such communications via our website, mobile application, or by contacting our Customer Care Centre .
8. DISCLOSURE OF YOUR INFORMATION.
8.1. Your personal information may be shared with our subsidiaries, our agents and sub contractors, and selected third parties who process the information on our behalf.
8.2. We may also disclose your personal information to third parties in the following circumstances: 8.2.1. to our subsidiaries who are contracted to provide products or services to you;
8.2.2. to assess and monitor any of your applications for our products or services;
8.2.3. to determine which products and services may be of interest to you and/or to send you information about such products and services, unless you object or choose not to receive such communications.
8.2.4. to have a better understanding of your circumstances and needs to provide and improve our products and services;
8.2.5. to any relevant person and/or entity for purposes of prevention, detection and reporting of fraud and criminal activities, the identification of the proceeds of unlawful activities and the combatting of crime;
8.2.6. to any regulator or supervisory authority, including those in foreign jurisdictions, if Spur is required to do so in terms of Applicable Laws;
8.2.7. to a prospective buyer or seller of any of our businesses or assets;
8.2.8. to any person if we are under a duty to disclose or share your personal information in order to comply with any Applicable Laws, or to protect the rights, property or safety of Spur, Clients or other third parties; and/or
8.2.9. to your agent or any other person acting on your behalf, an or an introducer.
8.3. We may transfer your information to another of the Spur entities, an agent, sub-contractor or third party who carries on business in another country, including one which may not have data privacy laws similar to those of South Africa. If this happens, we will ensure that anyone to whom we pass your information agrees to treat your information with the same level of protection as if we were dealing with it.
8.4. If you do not wish us to disclose this information to third parties, please contact us at the contact details set out above. We may, however, not be able to provide products or services to you if such disclosure is necessary.
9. RETENTION OF YOUR INFORMATION
We may retain your personal information indefinitely, unless you object, in which case we will only retain it if we are permitted or required to do so in terms of Applicable Laws. However, as a general rule, we will retain your information in accordance with retention periods set out in Applicable Laws, unless we need to retain it for longer for a lawful purpose. (For example, for the purposes of complaints handling, legal processes and proceedings.)
10. ACCESS TO, CORRECTION AND DELETION OF YOUR PERSONAL INFORMATION
10.1. You may request details of personal information which we hold about you under the Promotion of Access to Information Act, 2000 (“PAIA”). Fees to obtain a copy or a description of personal information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold personal information about you may be requested free of charge. If you would like to obtain a copy of your personal information held by Spur, please review our PAIA Manual available for inspection, free of charge, at the offices of Spur and at www.spurcorporation.com
class="pl-2"10.2. You may request the correction of personal information Spur holds about you. Please ensure that the information we hold about you is complete, accurate and up to date. If you fail to keep your information updated, or if your information is incorrect, Spur may limit the products and services offered to you or elect not to open the account.
10.3. You have a right in certain circumstances to request the destruction or deletion of and, where applicable, to obtain restriction on the processing of personal information held about you. If you wish to exercise this right, please contact the Spur Customer Care Centre at Customer [email protected].
10.4. You have a right to object on reasonable grounds to the processing of your personal information where the processing is carried out in order to protect our legitimate interests or your legitimate interests, unless the law provides for such processing.
11.1. Should you believe that Spur has utilised your personal information contrary to Applicable Laws, you undertake to first attempt to resolve any concerns with us.
11.2. If you are not satisfied with such process, you may have the right to lodge a complaint with the Information Regulator, using the contact details listed below:
11.2.1. Tel: 012 406 4818
11.2.2. Fax: 086 500 3351
11.2.3. Email: complaints. [email protected].